Legislature(1999 - 2000)
1999-05-13 Senate Journal
Full Journal pdf1999-05-13 Senate Journal Page 1430 SB 97 CS FOR SENATE BILL NO. 97(FIN) An Act relating to mental health services and programs; relating to liability for payment for mental health evaluation and treatment services; and providing for an effective date which had been held in second reading (page 1399) was before the Senate. 1999-05-13 Senate Journal Page 1431 SB 97 Senator Pete Kelly offered Amendment No. 1 : Page 3, following line 2: Insert a new bill section to read: "* Sec. 2. AS47.30.910 is repealed and reenacted to read: Sec. 47.30.910. Liability for expense of placement in a treatment facility. (a) A patient, or the patients legal representative acting in a representative capacity, or the patients spouse, or the patients parents if the patient is under 18 years of age, shall pay or contribute to the payment of the charges for the care, transportation, and treatment of the patient when hospitalized under AS47.30.660 - 47.30.915. Charges assessed after an order for commitment for treatment is issued and charges assessed when a patient is hospitalized at a facility operated by the department, or under a contract for services with the department, may not exceed the actual cost of the care and treatment. The department may order payment by the patient or by the person responsible for payment for the patients care and treatment under this subsection according to ability to provide for payment. The department may make necessary investigations to determine the ability to pay and may require sworn statements of income by the patient, the patients legal representative acting in a representative capacity, or the patients spouse or parent. In the exercise of the commissioners discretion, the commissioner may impose full liability for the patients actual cost of care and treatment on the patient, the patients legal representative, the patients spouse, or parent for refusal to supply a sworn statement of income. An order for payment must be issued by the department within six months after the date on which the charge was incurred. The order must remain in full force and effect unless modified by subsequent court or department order. Liability under this subsection shall be determined as follows: a patient hospitalized under AS47.30.660 - 47.30.915, or the person responsible for payment of charges for the patient, may be required to pay according to ability to provide for payment, and in the manner and proportion that the department finds is not detrimental to the patients rehabilitation. The department shall, at any time that it determines the action will serve the best interests of the state and the patient or the person 1999-05-13 Senate Journal Page 1432 SB 97 responsible for payment, relieve the patient or the person responsible for payment from liability for charges for the care, transportation, and treatment of the patient. (b) As used in (a) of this section, the term "actual cost of the care and treatment" means either the rate provided for by a contract entered into under AS47.30.660 - 47.30.915, or, in the absence of a contract, a daily rate approved by the department. (c) The department may charge, or accept from a person money or property, for the care or treatment of an inpatient or outpatient or for other purposes, even if the payment is not required by an order of the department, so long as the total payments received do not exceed the actual cost of care or treatment. (d) All money paid by the patient or on the patients behalf to the department under this section must be deposited in the general fund. (e) If an order for payment is entered by the department under this section, and delinquency in the payment of any amount due the state under the order continues for a period of more than 30 days after the notification to the patient or the legal representative, spouse, or parent of the patient by the department, the state may proceed to collect the amounts due by appropriate proceedings. An action to enforce the collection of payments may only be brought within three years after the date of notification of a delinquent payment. (f) The orders of the department issued under this section may relate only to charges incurred after July 1, 2001." Renumber the following bill sections accordingly. Page 3, following line 8: Insert a new bill section to read: "* Sec. 4. AS47.30.915(4) is repealed and reenacted to read: (4) "designated treatment facility" means a hospital, clinic, institution, center, or other health care facility that has been designated by the department for the treatment or rehabilitation of mentally ill persons and for the receipt of these persons by court- ordered commitment, but does not include correctional institutions;" 1999-05-13 Senate Journal Page 1433 SB 97 Renumber the following bill sections accordingly. Page 6, following line 23: Insert a new bill section to read: "* Sec. 6. AS47.31.005, 47.31.010, 47.31.015, 47.31.020, 47.31.025, 47.31.030, 47.31.035, 47.31.900, and 47.31.990 are repealed." Renumber the following bill sections accordingly. Page 6, line 24: Delete "This Act applies" Insert "Sections 1, 3, and 5 of this Act apply" Page 6, line 25, following "of": Insert "secs. 1, 3, and 5 of" Page 6, line 26: Delete all material and insert: "* Sec. 8. Except as provided in sec. 9 of this Act, this Act takes effect immediately under AS01.10.070(c). * Sec. 9. Sections 2, 4, and 6 of this Act take effect July 1, 2001." Senator Pete Kelly moved for the adoption of Amendment No. 1. Without objection, Amendment No. 1 was adopted. Senator Mackie moved and asked unanimous consent that the bill be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. CS FOR SENATE BILL NO. 97(FIN) am was read the third time. The question being: Shall CS FOR SENATE BILL NO. 97(FIN) am An Act relating to mental health services and programs; relating to liability for payment for mental health evaluation and treatment services; and providing for an effective date pass the Senate? The roll was taken with the following result: 1999-05-13 Senate Journal Page 1434 SB 97 CSSB 97(FIN) am Third Reading - Final Passage Effective Date YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Ellis, Elton, Green, Halford, Hoffman, Kelly Pete, Kelly Tim, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Phillips, Taylor, Torgerson, Ward, Wilken and so, CS FOR SENATE BILL NO. 97(FIN) am passed the Senate. Senator Mackie moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered and the bill was referred to the Secretary for engrossment.