(a) Subject to the provisions of subsection (b) of this section, the Secretary shall establish a fee schedule based on financial ability to pay under which the individual who receives protective services, or the individual’s legally responsible relative shall reimburse the federal, State, or local government for the services provided.

(b) An individual may not be charged a fee for protective services if:

(1) federal law or federal regulations prohibit an income eligibility test for the protective service; or

(2) the recipient is eligible for continuing financial aid under:

(i) the federal program of Supplemental Security Income;

(ii) the federal-State program of temporary cash assistance; or

(iii) the State program of transitional emergency, medical, and housing assistance.