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PAG LIN 1 1 Section 1. Section 222.78, Code 1995, is amended to read 1 2 as follows: 1 3 222.78 PARENTS AND OTHERS LIABLE FOR SUPPORT. 1 4 The father and mother of any person admitted or committed 1 5 to a hospital-school or to a special unit, as either an 1 6 inpatient or an outpatient, and any person, firm, or 1 7 corporation bound by contracthereafter madefor support of 1 8 the person shall be and remain liable for the support of the 1 9 person. The person and those legally bound for the support of 1 10 the person shall be liable to the county for all sums advanced 1 11 by the county to the state under the provisions of sections 1 12 222.60,and222.77, 249A.12, and 249A.26. The liability of 1 13 any person, other than the patient, who is legally bound for 1 14 the support of any patient under eighteen years of age in a 1 15 hospital-school or a special unit shallin no instancenot 1 16 exceed the average minimum cost of the care of a normally 1 17 intelligent, nonhandicappedminor without a disability of the 1 18 same age and sex as the minor patient. Theadministrator1 19 board of supervisors shall establish thescale for this1 20purpose but the scale shall not exceed the standards for1 21personal allowances established by the state division under1 22the family investment programamount of liability by applying 1 23 the child support guidelines prescribed under section 598.21, 1 24 subsection 4, to the income of the mother and father, as 1 25 applicable. A liability amount determined in accordance with 1 26 the guidelines may be modified by the board of supervisors 1 27 only based upon a substantial change in circumstances as 1 28 provided in section 598.21, subsection 8. The liability 1 29 amount may be revised periodically to conform with a revision 1 30 in the child support guidelines prescribed under section 1 31 598.21, subsection 4. A lien or other judgment imposed 1 32 pursuant to section 222.81, 222.82, or 222.83 shall not exceed 1 33 the amount of the liability which may be incurred under this 1 34 section on account of a person with mental retardation. 1 35Provided further that theThe father or mother of the person 2 1 shall not be liable for the support of the person after the 2 2 person attains the age of eighteen years andthatthe father 2 3 or mother shall incur liability only during any period when 2 4 the father or mother either individually or jointly receive a 2 5 net income from whatever source, commensurate with that upon 2 6 which they would be liable to make an income tax payment to 2 7 this state.Nothing in thisThis section shall not be 2 8 construed to prevent a relative or other person from 2 9 voluntarily paying the full actual cost as established by the 2 10 administrator for caring for the person with mental 2 11 retardation. 2 12 Sec. 2. Section 230.15, unnumbered paragraph 1, Code 1995, 2 13 is amended to read as follows: 2 14 Amentally illperson with mental illness and a person 2 15 legally liable for the person's support remain liable for the 2 16 support of thementally illperson with mental illness as 2 17 provided in this section. Persons legally liable for the 2 18 support of amentally illperson with mental illness include 2 19 the spouse of thementally illperson with mental illness, any 2 20 person bound by contract for support of thementally ill2 21 person with mental illness, and, with respect tomentally ill2 22personsa person with mental illness under eighteen years of 2 23 age only, the father and mother of thementally illperson 2 24 with mental illness. Thecounty auditor, subject to the2 25direction of theboard of supervisors,shall enforce the 2 26 obligation created in this section as to all sums advanced by 2 27 the county. The liability to the county incurred by a 2 28mentally illperson with mental illness or a person legally 2 29 liable for the person's support under this section is limited 2 30 to an amount equal to one hundred percent of the cost of care 2 31 and treatment of thementally illperson with mental illness 2 32 at a state mental health institute for one hundred twenty days 2 33 of hospitalization. This limit of liability may be reached by 2 34 payment of the cost of care and treatment of thementally ill2 35 person with mental illness subsequent to a single admission or 3 1 multiple admissions to a state mental health institute or, if 3 2 the person is not discharged as cured, subsequent to a single 3 3 transfer or multiple transfers to acounty care facility3 4 public or private facility pursuant to section 227.11. After 3 5 reaching this limit of liability, amentally illperson with 3 6 mental illness or a person legally liable for the person's 3 7 support is liable to the county for the care and treatment of 3 8 the mentally ill person at a state mental health institute or, 3 9 if transferred but not discharged as cured, at acounty care3 10facilitypublic or private facility in an amountnot in excess3 11ofdetermined by the board of supervisors. The board of 3 12 supervisors shall determine the amount for an individual with 3 13 no support obligation by considering all income and resources 3 14 available to the individual in the same manner as a financial 3 15 obligation is determined for an individual residing in a 3 16 residential care facility and receiving medical assistance. 3 17 The board of supervisors shall determine the amount for an 3 18 individual with a support obligation in an amount which does 3 19 not exceed theaverage minimum cost of the maintenance of a3 20physically and mentally healthy individual residing in the3 21individual's own home, which standard shall be established and3 22 amount determined by applying the child support guidelines 3 23 prescribed under section 598.21, subsection 4, to the income 3 24 of the person legally liable for the support of the person as 3 25 though the person is a parent required to pay support under 3 26 the guidelines. A liability amount determined in accordance 3 27 with the guidelines may be modified by the board of 3 28 supervisors only based upon a substantial change in 3 29 circumstances as provided in section 598.21, subsection 8. 3 30 This amount mayfrom time to timebe revised periodically by 3 31 thedepartment of human servicesboard of supervisors to 3 32 conform with a revision in the child support guidelines 3 33 prescribed under section 598.21, subsection 4. In either 3 34 case, the individual shall be permitted to retain a personal 3 35 needs allowance equal to the amount permitted for an 4 1 individual residing in a residential care facility and 4 2 receiving medical assistance. A lien imposed by section 4 3 230.25 shall not exceed the amount of the liability which may 4 4 be incurred under this section on account of anymentally ill4 5 person with mental illness. 4 6 Sec. 3. APPLICABILITY. This Act applies to services 4 7 provided in a state hospital-school or special unit, state 4 8 mental health institute, or county care facility on or after 4 9 July 1, 1996. 4 10 EXPLANATION 4 11 This bill relates to the amount of liability for the cost 4 12 of services provided to a person with mental retardation or 4 13 mental illness. 4 14 Section 222.78 provides for the amount of financial 4 15 liability of a parent or other person liable for the support 4 16 of a person admitted or committed to a state hospital-school 4 17 or special unit. Under current law, the liability is limited 4 18 to an amount equivalent to a comparable allowance for a 4 19 recipient under the family investment program as determined 4 20 according to a scale developed by the department of human 4 21 services. Under the bill, the liability amount would instead 4 22 be determined by the board of supervisors by applying the 4 23 child support guidelines prescribed by the supreme court. 4 24 Section 230.15 relates to liability for the costs to 4 25 support a person with mental illness at a state mental health 4 26 institute or county care facility. Under current law, the 4 27 liability is for the full cost of the first 120 days of care, 4 28 after which liability is limited to the cost to maintain a 4 29 person without a disability in the person's own home, as 4 30 established by the department of human services. The bill 4 31 authorizes the board of supervisors to establish the liability 4 32 amount after the first 120 days. In establishing the 4 33 liability amount for an individual without a support 4 34 obligation, the board of supervisors must consider income and 4 35 resources in the same manner as used for an individual living 5 1 in a residential care facility (RCF) and receiving medical 5 2 assistance. For an individual with a support obligation, the 5 3 amount of the obligation would be based upon the supreme 5 4 court's child support guidelines. In either case, the 5 5 individual would be entitled to retain a personal needs 5 6 allowance equal to the amount available to an individual 5 7 living in an RCF and receiving medical assistance. 5 8 The provisions of the bill are applicable to services 5 9 provided in a state hospital-school, state mental health 5 10 institute, or other public or private facility on or after 5 11 July 1, 1996. 5 12 LSB 4387HV 76 5 13 jp/cf/24
Text: HF02427 Text: HF02429 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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