STATE CHARITABLE INSTITUTIONS
HOSPITALIZATION OF MENTALLY ILL
66-327. Responsibility for costs of commitment and care of patients. (1) For purposes of this section:
(a) "Commitment period" begins when a court of competent jurisdiction enters an order committing a person to the custody of the department of health and welfare pursuant to section 66-329, Idaho Code, and ends when the commitment is terminated.
(b) "Extraordinary medical care" means emergency or extraordinary medical treatment, including but not limited to a neurological evaluation, a computed tomography scan, or surgery.
(c) "Precommitment period" begins when a person is taken into custody or detained as allowed by section 66-326, Idaho Code, or when an application for involuntary care and treatment is filed with a court pursuant to section 66-329, Idaho Code, whichever occurs first, and ends when the person is released from a facility as described in section 66-326(4), Idaho Code, or when, in a proceeding under section 66-329, Idaho Code, the court dismisses the application or enters an order committing the person to the custody of the department director.
(d) "Psychiatric care" includes psychological and psychiatric examination and testing, group and individual therapy, and psychiatric treatment and medication.
(e) "Routine medical care" includes care that can be provided at a facility of the department of health and welfare and hospital costs, including routine board, room, and support services.
(f) "Third-party applicant" means a person other than a patient who completes, signs, and files an application for medicaid on behalf of the patient. A third-party applicant may be an adult who is a member of the patient’s family or household, the patient’s authorized representative, or, if the patient is incapacitated, someone, including an agent of a facility, who is acting responsibly for the patient.
(2) Costs associated with the precommitment period and commitment period shall be the responsibility of the person committed or being considered for commitment, subject to the department of health and welfare’s determination of the person’s ability to pay all or any part of such costs. During the precommitment period, the department shall:
(a) Use the state-approved fee determination form and sliding fee schedule described in rules promulgated by the department to determine the person’s ability to pay;
(b) Inquire to determine if the person has insurance, including medical assistance provided under the state plan for medicaid as authorized by title XIX of the social security act, as amended; and
(c) Report its findings to the court.
(3) The court may order a person to pay costs consistent with this section.
(4) To the extent possible, psychiatric costs and the costs of routine and extraordinary medical care incurred during precommitment and commitment periods shall be assigned to a person’s health insurance, including medical assistance provided under the state plan for medicaid as authorized by title XIX of the social security act, as amended. If a person may be eligible for medicaid but has not applied, a third-party applicant, including an agent at a facility where a person is taken into custody or detained under section 66-326, Idaho Code, or dispositioned following an order under section 66-329, Idaho Code, may submit a medicaid application to the department of health and welfare.
(5) Remaining costs for psychiatric care, routine medical care, and extraordinary medical care shall be apportioned as follows:
(a) Costs of psychiatric care. The department of health and welfare shall pay providers of psychiatric care, both precommitment and during commitment, at the rate established by medicaid or its managed care organization.
(i) If, based on the department of health and welfare’s determination under subsection (2) of this section, the person is able to pay a portion of the psychiatric care costs, the person shall reimburse the department consistent with the department’s sliding fee schedule.
(ii) If a person is admitted to a state facility, the department of health and welfare may apply rules promulgated pursuant to its authority under section 56-1007, Idaho Code, to collect fees at state facilities and may seek reimbursement for postcommitment psychiatric costs from the person’s relatives consistent with section 66-354, Idaho Code.
(b) Medical costs incurred during the precommitment period shall be paid pursuant to chapter 35, title 31, Idaho Code.
(c) Costs for routine medical care during the commitment period will be paid by the department of health and welfare, consistent with the process described in paragraph (a) of this subsection.
(6) The department of health and welfare shall pay fees of designated examiners, including witness fees and expenses for court appearances.
(7) Transportation costs during the precommitment period shall be paid by the county of the person’s residence for purposes of chapter 35, title 31, Idaho Code. The department shall pay all transportation costs during the commitment period.
(8) An order of commitment pursuant to the provisions of this section shall be sufficient to require the release of all pertinent information related to the committed person to the court and obligated county, within the restrictions of all applicable federal and state laws.
[66-327, added 2022, ch. 93, sec. 9, p. 269.]