37.2.707    MONTHLY PAYMENT AMOUNT

(1) The charge assessed against each resident or financially responsible person shall be the lower of:

(a) the full cost of care, as determined by recorded charges, less any payments received from other sources, except that payments received from a managed care organization administering a mental health managed care program under contract with the department shall not reduce the charge;

(b) the amount of the adjusted ability to pay determination; or

(c) the maximum parental liability, for parents of a long-term resident shall be based on data reported periodically by the United States department of agriculture (USDA) center for nutrition policy and promotion. The liability shall commence on the 121st day of care. The current maximum parental liability amount is available upon request from the Department of Public Health and Human Services, Fiscal Services Division, 111 N. Sanders, P.O. Box 6429, Helena, MT 59604-6429.

(2) The department may accept a monthly payment that is less than the assessed charges, with the balance accumulating as a liability of the resident or financially responsible person under the following circumstances:

(a) pending the sale of liquid assets or real property available to pay the cost of care;

(b) pending the anticipated receipt of income; or

(c) when a resident whose care treatment plans provide for discharge and economic independence within one year, and additional funds are needed for:

(i) savings to furnish and initiate an independent living arrangement for the resident upon release from the facility. Under this provision, funds shall not be conserved beyond the point that the resident would no longer meet the asset eligibility limits for SSI or medicaid; or

(ii) purchase of clothing and other reasonable personal expenses the client will need to enter an independent living arrangement.

History: Sec. 53-1-403, MCA; IMP, Sec. 53-1-405, MCA; NEW, 1983 MAR p. 302, Eff. 4/15/83; TRANS & AMD, from DOC, 1999 MAR p. 1300, Eff. 6/18/99; AMD, 2003 MAR p. 2440, Eff. 10/31/03.