Bill Text: MS SB2851 | 2010 | Regular Session | Introduced
Bill Title: State mental institutions; patients admitted less than 6 months not required to pay social security disability to the institution.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2010-02-02 - Died In Committee [SB2851 Detail]
Download: Mississippi-2010-SB2851-Introduced.html
MISSISSIPPI LEGISLATURE
2010 Regular Session
To: Public Health and Welfare
By: Senator(s) Hyde-Smith
Senate Bill 2851
AN ACT TO AMEND SECTION 41-7-79, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A PATIENT RECEIVING SOCIAL SECURITY DISABILITY BENEFITS WHO IS ADMITTED TO A STATE INSTITUTION WITH THE EXPECTATION OF REMAINING THERE FOR SIX MONTHS OR LESS SHALL NOT BE REQUIRED TO PAY ANY OF THOSE DISABILITY BENEFITS TO THE INSTITUTION FOR THE COST OF THE PATIENT'S CARE AND MAINTENANCE; TO PROVIDE THAT SUCH A PATIENT WHO HAS BEEN IN THE INSTITUTION FOR MORE THAN SIX MONTHS, OR A PATIENT WHO IS ADMITTED TO A STATE MENTAL INSTITUTION WITH THE EXPECTATION OF REMAINING THERE FOR MORE THAN SIX MONTHS, MAY BE REQUIRED TO PAY ALL OR PART OF THOSE DISABILITY BENEFITS TO THE INSTITUTION FOR THE COST OF THE PATIENT'S CARE AND MAINTENANCE; TO PROVIDE THAT IF THE PATIENT HAS ANY REGULAR EXPENSES OUTSIDE OF THE INSTITUTION, THE INSTITUTION SHALL ALLOW THE PATIENT TO KEEP THE AMOUNT OF THE DISABILITY BENEFITS NEEDED BY THE PATIENT TO PAY THOSE EXPENSES, AND MAY REQUIRE THE PATIENT TO PAY ANY REMAINDER OF THE DISABILITY BENEFITS TO THE INSTITUTION; TO REQUIRE STATE INSTITUTIONS IN WHICH THOSE PATIENTS RECEIVE CARE AND MAINTENANCE TO MAINTAIN DOCUMENTATION SHOWING THAT THE AMOUNT OF THE PATIENT'S DISABILITY BENEFITS PAID TO THE INSTITUTION WAS SPENT FOR THE CARE AND MAINTENANCE OF THE PATIENT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 41-7-79, Mississippi Code of 1972, is amended as follows:
41-7-79. Each state institution shall have the power to assess and collect charges from patients, patients' estates and from all persons legally liable for the cost of care of such patients in such state institution. The maximum charges which may be made shall be based on the estimated cost of operating the institution, and such costs shall include a reasonable amount for depreciation. The director or the governing board of each institution, as appropriate, shall investigate or cause to be investigated the financial ability of each patient, his or her estate, and all other persons legally liable for the cost or care of the patient, and the charges assessed shall be in accordance with the ability of the person assessed to pay.
The Director of the Mississippi Children's Rehabilitation Center or the governing board of the center, as appropriate, upon conclusion of the investigation of the financial ability of each patient and all other persons legally liable for the cost of care of the patient, shall assess a fee against each patient based on the financial ability of such patient or others legally liable for such patient to pay. The fee shall be adjustable and commensurate with the patient's financial ability to pay. In order to receive the benefits of the sliding scale fee each patient is required to provide for the Children's Rehabilitation Center sufficient financial information in order to allow the center to make a determination as to whether or not a reduced fee is appropriate. The center shall not utilize such fee scale for any patient unless the patient has a need for additional treatment, and has no insurance covering his treatment or such insurance is exhausted. The Children's Rehabilitation Center shall make every effort to collect the total charges from a patient, the patient's estate and from all persons legally liable for the cost of care of the patient before it may utilize a sliding fee scale for the patient.
After three (3) good faith attempts have been made to collect a remaining balance of such charges, and upon the recommendation of the Children's Rehabilitation Center fiscal officer, the balance may be declared uncollectible and worthless, and no longer listed as an asset.
In the determination of ability to pay, the director or governing board shall not work an undue hardship on any patient or person legally responsible for such a patient. The value of a homestead shall not be considered in determining the ability to pay. The number of dependents of a patient or the party legally responsible for such patient shall be considered in determining ability to pay. The value of real and/or personal property may also be considered. If a patient who is receiving social security disability benefits or Supplemental Security Income disability benefits is admitted to a state institution with the expectation at the time of admission that the patient will remain in the institution for six (6) months or less, the institution shall not require the patient to pay any of those disability benefits to the institution for the cost of the patient's care and maintenance in the institution. After a patient described in the preceding sentence has been in the state institution for more than six (6) months, or if a patient who is receiving social security disability benefits or Supplemental Security Income disability benefits is admitted to a state institution with the expectation at the time of admission that the patient will remain in the institution for more than six (6) months, the institution may require the patient to pay all or part of those disability benefits to the institution for the cost of the patient's care and maintenance in the institution, in accordance with the following: If the patient has any regular expenses related to home ownership or any other regular expenses outside of the institution, the institution shall allow the patient to keep the amount of the disability benefits needed by the patient to pay those expenses, and may require the patient to pay the remainder, if any, of the disability benefits to the institution. The state institution in which any such patient receives care and maintenance shall maintain documentation showing that the amount of the patient's disability benefits paid to the institution was spent for the care and maintenance of the patient.
The director or the governing board, as appropriate, shall have authority to enter into agreements with the patients or others legally liable whereby periodic payments can be made on those accounts. The director or governing board may accept notes, secured or open, or any other evidences of indebtedness.
The director or the governing board, as appropriate, of each state institution shall have the right to institute suits where necessary or advisable, and it shall be the duty of the Attorney General to institute such suits either in the name of the institution or in the name of the State of Mississippi. Except in matters involving the administration of estates, the probate of wills or the appointment of guardians or conservators, venue for such suits shall lie in the county in which the institution is located, and the venue shall not be subject to change.
SECTION 2. This act shall take effect and be in force from and after July 1, 2010.
