53-1-402. Residents and financially responsible persons liable for cost of care. (1) A resident and a financially responsible person are liable to the department for the resident’s cost of care as provided in this part. The cost of care includes the applicable per diem and ancillary charges or all-inclusive rate charges for the care of residents in the following institutions:

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Terms Used In Montana Code 53-1-402

  • All-inclusive rate: means a fixed charge that is computed on a daily basis or on the basis of another time period for inpatients, that is computed on a per visit basis for outpatients, and that is applicable uniformly to each patient without regard to the extent of the services required by the patient and without regard to a distinction between physician services and hospital services. See Montana Code 53-1-401
  • Ancillary charge: means the expense of providing identifiable, direct, resident services, including but not limited to:

    (a)physicians' services;

    (b)x-ray and laboratory services;

    (c)dental services;

    (d)speech-language pathology and audiology services;

    (e)occupational and physical therapy;

    (f)medical supplies;

    (g)prescribed drugs; and

    (h)specialized medical equipment. See Montana Code 53-1-401

  • Care: means the care, treatment, support, maintenance, and other services rendered by the department to a resident. See Montana Code 53-1-401
  • Cost of care: means the applicable all-inclusive rate charges or per diem charges and ancillary charges for a resident's care that are determined as provided in this part. See Montana Code 53-1-401
  • Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 53-1-401
  • Financially responsible person: means a spouse of a resident, the natural or adoptive parents of a resident under 18 years of age, or a guardian or conservator to the extent of the guardian's or conservator's responsibility for the financial affairs of the person who is a resident under applicable Montana law establishing the duties and limitations of guardianships or conservatorships. See Montana Code 53-1-401
  • Resident: means any person who is receiving care from or who is a resident of an institution listed in 53-1-402. See Montana Code 53-1-401
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201

(a)Montana state hospital;

(b)Montana developmental center;

(c)Montana veterans’ home;

(d)eastern Montana veterans’ home;

(e)southwestern Montana veterans’ home;

(f)Montana mental health nursing care center; and

(g)Montana chemical dependency treatment center.

(2)The eastern Montana veterans’ home and the southwestern Montana veterans’ home may assess charges on either a per diem and ancillary charge basis or an all-inclusive rate basis if the department contracts with a private vendor to operate the facility as provided for in 10-2-416.

(3)The Montana state hospital and the Montana mental health nursing care center may determine the cost of care using an all-inclusive rate or per diem and ancillary charges if the department contracts with a private entity to operate a mental health managed care program.