Text: HSB00734                          Text: HSB00736
Text: HSB00700 - HSB00799               Text: HSB Index
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House Study Bill 735

Conference Committee Text

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 contract hereafter made for 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, and 222.77, 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 shall in no instance not
  1 16 exceed the average minimum cost of the care of a normally
  1 17 intelligent, nonhandicapped minor without a disability of the
  1 18 same age and sex as the minor patient.  The administrator
  1 19 county auditor shall establish the scale for this purpose but
  1 20 the scale shall not exceed the standards for personal
  1 21 allowances established by the state division under the family
  1 22 investment program amount of liability by applying the child
  1 23 support guidelines prescribed under section 598.21, subsection
  1 24 4.  Provided further that the The father or mother of the
  1 25 person shall not be liable for the support of the person after
  1 26 the person attains the age of eighteen years and that the
  1 27 father or mother shall incur liability only during any period
  1 28 when the father or mother either individually or jointly
  1 29 receive a net income from whatever source, commensurate with
  1 30 that upon which they would be liable to make an income tax
  1 31 payment to this state.  Nothing in this This section shall not
  1 32 be construed to prevent a relative or other person from
  1 33 voluntarily paying the full actual cost as established by the
  1 34 administrator for caring for the person with mental
  1 35 retardation.
  2  1    Sec. 2.  Section 230.15, unnumbered paragraph 1, Code 1995,
  2  2 is amended to read as follows:
  2  3    A mentally ill person with mental illness and a person
  2  4 legally liable for the person's support remain liable for the
  2  5 support of the mentally ill person with mental illness as
  2  6 provided in this section.  Persons legally liable for the
  2  7 support of a mentally ill person with mental illness include
  2  8 the spouse of the mentally ill person with mental illness, any
  2  9 person bound by contract for support of the mentally ill
  2 10 person with mental illness, and, with respect to mentally ill
  2 11 persons a person with mental illness under eighteen years of
  2 12 age only, the father and mother of the mentally ill person
  2 13 with mental illness.  The county auditor, subject to the
  2 14 direction of the board of supervisors, shall enforce the
  2 15 obligation created in this section as to all sums advanced by
  2 16 the county.  The liability to the county incurred by a
  2 17 mentally ill person with mental illness or a person legally
  2 18 liable for the person's support under this section is limited
  2 19 to an amount equal to one hundred percent of the cost of care
  2 20 and treatment of the mentally ill person with mental illness
  2 21 at a state mental health institute for one hundred twenty days
  2 22 of hospitalization.  This limit of liability may be reached by
  2 23 payment of the cost of care and treatment of the mentally ill
  2 24 person with mental illness subsequent to a single admission or
  2 25 multiple admissions to a state mental health institute or, if
  2 26 the person is not discharged as cured, subsequent to a single
  2 27 transfer or multiple transfers to a county care facility
  2 28 pursuant to section 227.11.  After reaching this limit of
  2 29 liability, a mentally ill person with mental illness or a
  2 30 person legally liable for the person's support is liable to
  2 31 the county for the care and treatment of the mentally ill
  2 32 person at a state mental health institute or, if transferred
  2 33 but not discharged as cured, at a county care facility in an
  2 34 amount not in excess of determined by the county auditor.  The
  2 35 county auditor shall determine the amount for an individual
  3  1 with no support obligation by considering all income and
  3  2 resources available to the individual in the same manner as a
  3  3 financial obligation is determined for an individual residing
  3  4 in a residential care facility and receiving medical
  3  5 assistance.  The county auditor shall determine the amount for
  3  6 an individual with a support obligation in an amount which
  3  7 does not exceed the average minimum cost of the maintenance of
  3  8 a physically and mentally healthy individual residing in the
  3  9 individual's own home, which standard shall be established and
  3 10 amount determined by applying the child support guidelines
  3 11 prescribed under section 598.21, subsection 4, to the person
  3 12 legally liable for the support of the person.  This amount may
  3 13 from time to time be revised periodically by the department of
  3 14 human services county auditor to conform with a revision in
  3 15 the child support guidelines prescribed under section 598.21,
  3 16 subsection 4.  In either case, the individual shall be
  3 17 permitted to retain a personal needs allowance equal to the
  3 18 amount permitted for an individual residing in a residential
  3 19 care facility and receiving medical assistance.  A lien
  3 20 imposed by section 230.25 shall not exceed the amount of the
  3 21 liability which may be incurred under this section on account
  3 22 of any mentally ill person with mental illness.
  3 23    Sec. 3.  APPLICABILITY.  This Act applies to services
  3 24 provided in a state hospital-school or special unit, state
  3 25 mental health institute, or county care facility on or after
  3 26 July 1, 1996.  
  3 27                           EXPLANATION
  3 28    This bill relates to the amount of liability for the cost
  3 29 of services provided to a person with mental retardation or
  3 30 mental illness.
  3 31    Section 222.78 provides for the amount of financial
  3 32 liability of a parent or other person liable for the support
  3 33 of a person admitted or committed to a state hospital-school
  3 34 or special unit.  Under current law, the liability is limited
  3 35 to an amount equivalent to a comparable allowance for a
  4  1 recipient under the family investment program as determined
  4  2 according to a scale developed by the department of human
  4  3 services.  Under the bill, the liability amount would instead
  4  4 be determined by the county auditor by applying the child
  4  5 support guidelines prescribed by the supreme court.
  4  6    Section 230.15 relates to liability for the costs to
  4  7 support a person with mental illness at a state mental health
  4  8 institute or county care facility.  Under current law, the
  4  9 liability is for the full cost of the first 120 days of care,
  4 10 after which liability is limited to the cost to maintain a
  4 11 person without a disability in the person's own home, as
  4 12 established by the department of human services.  The bill
  4 13 authorizes the county auditor to establish the liability
  4 14 amount after the first 120 days.  In establishing the
  4 15 liability amount for an individual without a support
  4 16 obligation, the county auditor must consider income and
  4 17 resources in the same manner as used for an individual living
  4 18 in a residential care facility (RCF) and receiving medical
  4 19 assistance.  For an individual with a support obligation, the
  4 20 amount of the obligation would be based upon the supreme
  4 21 court's child support guidelines.  In either case, the
  4 22 individual would be entitled to retain a personal needs
  4 23 allowance equal to the amount available to an individual
  4 24 living in an RCF and receiving medical assistance.
  4 25    The provisions of the bill are applicable to services
  4 26 provided in a state hospital-school, state mental health
  4 27 institute, or county care facility on or after July 1, 1996.  
  4 28 LSB 4387HC 76
  4 29 jp/cf/24
     

Text: HSB00734                          Text: HSB00736
Text: HSB00700 - HSB00799               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

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