§ 25-10-112 — Liability for costs of detention, involuntary hospitalization and proceedings therefor

Wyoming § 25-10-112

• Jurisdiction: Wyoming
• Title 25: Institutions of the State
• Ch. 10: HOSPITALIZATION OF MENTALLY ILL PERSONS
• Art. 1: GENERAL PROVISIONS

Text

(a) Subject to the provisions of subsections (d) and (e)
of this section, the county in which a person is detained or in
which involuntary hospitalization proceedings are brought shall
pay the costs of:
(i) The first seventy-two (72) hours of detention, in
addition to any Saturday, Sunday or legal holiday that falls
within the seventy-two (72) hours, pursuant to W.S. 25-10-109,
including costs of medical treatment for those conditions:
(A) That resulted in the emergency detention of
the person; or
(B) That are attributable to affirmative actions
taken by the person that have placed the person in danger of
suicide or serious bodily harm and require immediate medical
attention.
(ii) Proceedings for detention or involuntary
hospitalization pursuant to W.S. 25-10-109 or 25-10-110. The
costs of these proceedings include the cost of appointed counsel
and examiners;
(iii) Clothing, if the person does not have and
cannot afford to purchase adequate clothing; and
(iv) Costs incurred under W.S. 25-10-125(b).
(b) Subject to the provisions of subsection (d) of this
section, when a detained person or proposed patient is not a
resident of Wyoming, the department shall pay the costs listed
in paragraphs (a)(i) through (iii) of this section.
(c) The county shall pay for the first seventy-two (72)
hours as provided in subsection (a) of this section even if the
patient waives the hearing required under W.S. 25-10-109 and
proceeds to voluntary outpatient treatment, directed outpatient
commitment or involuntary hospitalization proceedings. Subject
to the provisions of subsections (d) and (e) of this section, if
continued emergency detention is ordered pursuant to W.S.
25-10-109(k)(iii), the county's liability for any costs of
detention, treatment or transportation shall terminate after the
first seventy-two (72) hours of detention, in addition to any
Saturday, Sunday or legal holiday. The department shall be
responsible for those costs after the expiration of the county's
responsibility for payments of the costs. All costs of
treatment, transportation and continued emergency detention
incurred after the first seventy-two (72) hours of detention, in
addition to any Saturday, Sunday or legal holiday, shall be paid
by:
(i) The department for persons hospitalized in the
state hospital; and
(ii) The department for persons hospitalized in other
hospitals, consistent with W.S. 25-10-110(j) and 25-10-104.
(d) The hospital or other treatment provider shall attempt
to recover all costs of treatment from public and private health
insurance and from government benefit programs, including the
veterans' administration, the Indian health service of the
United States department of health and human services and any
other federal agency that may be responsible for the costs of
treatment, prior to seeking payment from the county or the
department. The hospital or other treatment provider shall have
discharged its obligation to recover costs under this subsection
if it:
(i) Repealed by Laws 2016, ch. 102, § 3.
(ii) Certifies to the county or the department that:
(A) The patient has no public or private health
insurance;
(B) There are no other government benefit
programs from which it can recover the costs of treatment; and
(C) If the patient might qualify for benefits,
payment has been denied after submitting a written demand for
payment to all federal agencies that may be responsible for the
costs of treatment, including the veterans' administration and
the Indian health service of the United States department of
health and human services. Payment shall be deemed denied if a
written demand for payment is made and no response is received
within three (3) months of being properly submitted. If a demand
is paid after having been deemed denied under this subparagraph,
and after the county or department has paid the hospital or
other treatment provider, the amount of the demand payment shall
be remitted to the county or department, whichever entity paid
the hospital or other treatment provider. If a county or the
department has paid a hospital or other treatment provider, the
county or the department shall have a subrogation right against
any entity to whom the hospital or provider sent a written
demand.
(e) When a person is detained under W.S. 25-10-109, the
county in which the person resided shall be liable for costs of
treatment for the first seventy-two (72) hours of detention, in
addition to any Saturday, Sunday or legal holiday that falls
within the seventy-two (72) hours. If the person remains in
detention after the hearing pursuant to W.S. 25-10-109(k)(iii),
the department shall directly, or under contract with local
providers, provide treatment for those conditions specified in
paragraph (a)(i) of this section until the person is released
from detention or involuntary commitment is ordered, subject to
payment of costs as provided in this subsection or subsection
(c) of this section.
(f) For purposes of this section, "costs" shall not
include the expenses for any medical procedures that are not:
(i) Related to the assessment of or necessary
treatment for the suspected mental illness; or
(ii) Otherwise specified in paragraph (a)(i) of this
section.
(g) The department in consultation with each board of
county commissioners may establish a single point of
responsibility or gatekeeper. The department and each board of
county commissioners shall give preference to a behavioral
health center as defined by W.S. 35-1-613(a)(xvi) as the single
point of responsibility. Gatekeeper duties shall include, but
are not limited to, providing guidance on issues of detention
and involuntary treatment and monitoring and coordinating
timely, efficient and effective patient treatment prior to,
during and after any emergency detention or involuntary
treatment under this act. No behavioral health center designated
under this subsection shall charge fees for gatekeeping services
provided under this article. No gatekeeper designated under this
subsection shall provide inpatient psychiatric treatment to
patients under this act, unless the gatekeeper has been approved
by the department of health to provide these services.
(h) The county attorney shall notify the department and
any gatekeeper of any detention, continued emergency detention
order, directed outpatient commitment or involuntary
hospitalization order within twenty-four (24) hours.
(j) The department, boards of county commissioners,
designated hospitals, gatekeepers and other treatment providers
may, upon contract or agreement, coordinate and monitor the
services and payments required for the treatment of persons with
mental illness as provided under this section. Pursuant to
contract or agreement, the department may assume any part of the
expenses associated with a gatekeeper which expenses would
otherwise be the responsibility of a county under this act,
including expenses for the transportation of patients to
appropriate care settings. The department may only assume any
part of the expenses associated with a gatekeeper when the
gatekeeper has been contracted through a behavioral health
center as defined by W.S. 35-1-613(a)(xvi).