36-2028. Payment for treatment; financial
ability of patient or guardian


A. A patient being treated by an approved treatment facility or the estate of the
patient, or a person obligated to provide the cost of the evaluation and treatment and
having sufficient financial ability, is liable to the approved treatment facility for the
cost of evaluation and treatment of the patient in accordance with the rates established
by the division.


B. The division, with the approval of the director, shall adopt rules governing
financial ability that take into consideration the income, savings and other personal and
real property of the person required to pay as well as any support being furnished by him
to any person whom he may be required by law to support.


C. Each approved treatment facility shall furnish the division with such
information as it requires to enable it to establish and maintain a cost reporting system
of the cost of the evaluation and treatment. Each approved treatment facility shall
insure that records are maintained containing such information and in such form as the
division shall require for the purposes of this section.


D. The division shall prepare and adopt patient fee schedules to be used by
approved treatment facilities for services rendered to each patient afflicted with
alcoholism. In preparing such patient fee schedules, the division shall take into
account the existing charges for available services. The division is not prohibited from
including the amount of expenditures for capital outlay in its determination of the fee
schedules.