CHAPTER 13. LIABILITY FOR COST OF TREATMENT OF PATIENTS IN STATE INSTITUTIONS
IC 12-24-13
Chapter 13. Liability for Cost of Treatment of Patients in StateInstitutions
IC 12-24-13-1
Accounting and bookkeeping system
Sec. 1. Each division shall develop and implement an accountingand bookkeeping system for each state institution so that the cost ofall institutional services provided to a patient can be determined.
As added by P.L.2-1992, SEC.18.
IC 12-24-13-2
Limitation on charges
Sec. 2. A patient, patient's parents, patient's legal guardians, orpatient's other responsible relatives may be charged only for servicesand treatment provided.
As added by P.L.2-1992, SEC.18.
IC 12-24-13-3
Repealed
(Repealed by P.L.187-2007, SEC.15.)
IC 12-24-13-4
Charge structure for institutional services and treatment; liabilityfor payment
Sec. 4. (a) Each state institution shall establish a charge structurefor institutional services and treatment. The charge structure must beapproved by the director of the division before July 1 of each yearand, once approved, the charge structure must be effective for thefollowing state fiscal year.
(b) Except as provided in section 5 of this chapter, each patient ina state institution and the responsible parties, individually orcollectively, are liable for the payment of the charges for thetreatment and maintenance of the patient.
As added by P.L.2-1992, SEC.18. Amended by P.L.187-2007,SEC.10.
IC 12-24-13-5
Placement of child with disability in state institution for specialeducation
Sec. 5. (a) Except as provided in section 6 of this chapter,whenever placement of a child with a disability (as defined inIC 20-35-1-2) in a state institution is necessary for the provision ofspecial education for that child, the cost of the child's educationprogram, nonmedical care, and room and board shall be paid by thedivision rather than by the child's parents, guardian, or otherresponsible party.
(b) The child's parents, guardian, or other responsible party shallpay the cost of any transportation not required by the child'sindividualized education program (as defined in IC 20-18-2-9). The
school corporation in which the child has legal settlement (asdetermined under IC 20-26-11) shall pay the cost of transportationrequired by the student's individualized education program underIC 20-35-8-2. However, this section does not relieve an insurer orother third party from an otherwise valid obligation to provide or payfor the services provided to the child.
(c) The Indiana state board of education and the divisions shalljointly establish a procedure and standards for determining whenplacement in a state institution is necessary for the provision ofspecial education for a child.
As added by P.L.2-1992, SEC.18. Amended by P.L.23-1993, SEC.56;P.L.1-2005, SEC.140; P.L.146-2008, SEC.415.
IC 12-24-13-6
Children under custody or supervision of department or countyoffice
Sec. 6. The department of child services is responsible for the costof treatment or maintenance of a child under the department'scustody or supervision who is placed in a state institution only if thecost is reimbursable under the state Medicaid program underIC 12-15.
As added by P.L.2-1992, SEC.18. Amended by P.L.4-1993, SEC.201;P.L.5-1993, SEC.214; P.L.145-2006, SEC.125; P.L.146-2008,SEC.416; P.L.131-2009, SEC.2.
IC 12-24-13-7
Insurance coverage; assignment of benefits
Sec. 7. If a patient in a state institution has insurance coveragethat covers hospitalization or medical services in psychiatrichospitals, all benefits under the insurance coverage shall be assignedto the appropriate division.
As added by P.L.2-1992, SEC.18. Amended by P.L.187-2007,SEC.11.
IC 12-24-13-8
Repealed
(Repealed by P.L.187-2007, SEC.15.)
IC 12-24-13-9
Repealed
(Repealed by P.L.187-2007, SEC.15.)
IC 12-24-13-10
Statements of sums due as maintenance charges; issuance;payment period
Sec. 10. The appropriate division shall issue to any party liableunder this chapter for any type of psychiatric service statements ofsums due as maintenance charges. The division shall require theliable party to pay monthly, quarterly, or otherwise as may bearranged an amount not exceeding the maximum charge as
determined under this chapter.
As added by P.L.2-1992, SEC.18. Amended by P.L.187-2007,SEC.12.
IC 12-24-13-11
Estate of patient
Sec. 11. The estate of a patient who receives care, treatment,maintenance, or any other service furnished by the division at thestate's expense is liable for payment of the charges as determinedunder this chapter for the service. The estate is exempt from therequirements of section 10 of this chapter or any part of this chapterdirectly in conflict with the intent of the chapter to hold a patient'sestate liable for payment.
As added by P.L.2-1992, SEC.18. Amended by P.L.187-2007,SEC.13.