2005 Idaho Code - 66-327 — RESPONSIBILITY FOR COSTS OF COMMITMENT AND CARE OF PATIENTS

                                  TITLE  66
                        STATE CHARITABLE INSTITUTIONS
                                  CHAPTER 3
                       HOSPITALIZATION OF MENTALLY ILL
    66-327.  RESPONSIBILITY FOR COSTS OF COMMITMENT AND CARE OF PATIENTS. (a)
All costs associated with the commitment proceedings, including usual and
customary fees of designated examiners, transportation costs and all medical,
psychiatric and hospital costs not included in subsection (b) of this section,
shall be the responsibility of the person subject to judicial proceedings
authorized by this chapter or such person's spouse, adult children, or, if
indigent, the county of such person's residence after all personal, family and
third party resources, including medical assistance provided under the state
plan for medicaid as authorized by title XIX of the social security act, as
amended, are considered. In proceedings authorized by this chapter, the court
shall consider the indigency of persons subject to proceedings authorized by
this chapter, in light of such person's income and resources, and if such
person is able to pay all or part of such costs, the court shall order such
person to pay all or any part of such costs. If the court determines such
person is unable to pay all or any part of such costs, the court shall fix
responsibility, in accordance with the provisions of chapter 35, title 31,
Idaho Code, for payment of such costs on the county of such person's residence
to the extent not paid by such person or not covered by third party resources,
including medical assistance as aforesaid.
    (b)  The department of health and welfare shall assume responsibility for
usual and customary treatment costs after the involuntary patient is
dispositioned to the custody of the state of Idaho, beginning on the day after
the director receives notice that a person has been committed into the custody
of the department, until the involuntary patient is discharged and after all
personal, family and third party resources are considered in accordance with
section 66-354, Idaho Code. The counties shall be responsible for mental
health costs if the individual is not transported within twenty-four (24)
hours of receiving written notice of admission availability to a state
facility. For purposes of this section, "usual and customary treatment costs"
shall include routine board, room and support services rendered at a facility
of the department of health and welfare; routine physical, medical,
psychological and psychiatric examination and testing; group and individual
therapy, psychiatric treatment, medication and medical care which can be
provided at a facility of the department of health and welfare. The term
"usual and customary treatment costs" shall not include neurological
evaluation, CAT scan, surgery, medical treatment, any other item or service
not provided at a facility of the department of health and welfare, or witness
fees and expenses for court appearances. For the purposes of this section, the
notice to the department may be faxed or mailed.