[§353G-16]  Funding sources.  (a)  Thedepartment of public safety, with the assistance of the department of health,may pursue all available funding through federal programs and private sources. Contingent upon the receipt of sufficient funds, the department of publicsafety may implement the assessment and treatment services mandated pursuant tothis chapter.  If at any time funds are not available, the department may notbe required to provide these services.  In addition, the department of publicsafety, in conjunction with the department of health, may pursue all availablefederal matching funds through medicaid for nonhospital residential alcohol andother drug treatment services from the United States Health Care FinancingAdministration.

(b)  Where the person to whom assessmentservices or treatment services are provided pursuant to this chapter is amember of a health maintenance organization or otherwise covered by anycontract or program for health insurance, every reasonable effort shall be madeto ensure that the cost of assessment services and treatment services aredefrayed by the health maintenance organization or insurer.  Notwithstandingany other law to the contrary, where a health maintenance organization,insurer, or managed care contractor disputes the treatment recommendationaccepted by the appropriate authority pursuant to this chapter, the treatmentrecommendation shall prevail and shall be deemed to be reasonable andappropriate. [L 1998, c 152, pt of §2]