2013 Indiana Code
TITLE 12. HUMAN SERVICES
ARTICLE 24. STATE INSTITUTIONS
CHAPTER 13. LIABILITY FOR COST OF TREATMENT OF PATIENTS IN STATE INSTITUTIONS
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IC 12-24-13
Chapter 13. Liability for Cost of Treatment of Patients in
State Institutions
IC 12-24-13-1
Accounting and bookkeeping system
Sec. 1. Each division shall develop and implement an accounting
and bookkeeping system for each state institution so that the cost of
all 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, or
patient's other responsible relatives may be charged only for services
and 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Repealed
(Repealed by P.L.187-2007, SEC.15.)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; liability
for payment
Sec. 4. (a) Each state institution shall establish a charge structure
for institutional services and treatment. The charge structure must be
approved by the director of the division before July 1 of each year
and, once approved, the charge structure must be effective for the
following state fiscal year.
(b) Except as provided in section 5 of this chapter, each patient in
a state institution and the responsible parties, individually or
collectively, are liable for the payment of the charges for the
treatment 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 special
education
Sec. 5. (a) Except as provided in section 6 of this chapter,
whenever placement of a child with a disability (as defined in
IC 20-35-1-2) in a state institution is necessary for the provision of
special education for that child, the cost of the child's education
program, nonmedical care, and room and board shall be paid by the
division rather than by the child's parents, guardian, or other
responsible party.
(b) The child's parents, guardian, or other responsible party shall
pay the cost of any transportation not required by the child's
individualized education program (as defined in IC 20-18-2-9). The
school corporation in which the child has legal settlement (as
determined under IC 20-26-11) shall pay the cost of transportation
required by the student's individualized education program under
IC 20-35-8-2. However, this section does not relieve an insurer or
other third party from an otherwise valid obligation to provide or pay
for the services provided to the child.
(c) The Indiana state board of education and the divisions shall
jointly establish a procedure and standards for determining when
placement in a state institution is necessary for the provision of
special 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 county
office
Sec. 6. The department of child services is responsible for the cost
of treatment or maintenance of a child under the department's
custody or supervision who is placed in a state institution only if the
cost is reimbursable under the state Medicaid program under
IC 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 coverage
that covers hospitalization or medical services in psychiatric
hospitals, all benefits under the insurance coverage shall be assigned
to 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 liable
under this chapter for any type of psychiatric service statements of
sums due as maintenance charges. The division shall require the
liable party to pay monthly, quarterly, or otherwise as may be
arranged 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 the
state's expense is liable for payment of the charges as determined
under this chapter for the service. The estate is exempt from the
requirements of section 10 of this chapter or any part of this chapter
directly in conflict with the intent of the chapter to hold a patient's
estate liable for payment.
As added by P.L.2-1992, SEC.18. Amended by P.L.187-2007,
SEC.13.
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