[§353G-16]  Funding sources.  (a)  The
department 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 public
safety may implement the assessment and treatment services mandated pursuant to
this chapter.  If at any time funds are not available, the department may not
be required to provide these services.  In addition, the department of public
safety, in conjunction with the department of health, may pursue all available
federal matching funds through medicaid for nonhospital residential alcohol and
other drug treatment services from the United States Health Care Financing
Administration.



(b)  Where the person to whom assessment
services or treatment services are provided pursuant to this chapter is a
member of a health maintenance organization or otherwise covered by any
contract or program for health insurance, every reasonable effort shall be made
to ensure that the cost of assessment services and treatment services are
defrayed by the health maintenance organization or insurer.  Notwithstanding
any other law to the contrary, where a health maintenance organization,
insurer, or managed care contractor disputes the treatment recommendation
accepted by the appropriate authority pursuant to this chapter, the treatment
recommendation shall prevail and shall be deemed to be reasonable and
appropriate. [L 1998, c 152, pt of §2]