HOUSE BILL NO. 500

INTRODUCED BY B. BARNHART

A BILL FOR AN ACT ENTITLED: "AN ACT PROVIDING THAT THE DEPARTMENT OF CORRECTIONS IS RESPONSIBLE TO PAY THE COSTS OF CARE FOR AN INMATE WHO IS PLACED IN ANOTHER STATE INSTITUTION; AMENDING SECTIONS 53-1-402 AND 53-1-413, MCA; AND PROVIDING AN EFFECTIVE DATE."

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

Section 1. Section 53-1-402, MCA, is amended to read:

"53-1-402. Residents and financially responsible persons liable for cost of care -- department of corrections liable for inmate 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:

(a) Montana state hospital;

(b) Montana developmental center;

(c) Montana veterans' home;

(d) eastern Montana veterans' home;

(e) Montana mental health nursing care center;

(f) Eastmont human services center; and

(g) Montana chemical dependency treatment center.

(2) The eastern 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 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.

(4) The department of corrections is responsible for the cost of care, including applicable per diem and ancillary charges or all-inclusive rate charges, for an inmate who has been sentenced under Title 46, chapter 18, to imprisonment in a [Montana prison], as defined in 53-30-101, and who is admitted to or committed to a state institution listed in subsection (1) during the sentence of imprisonment."

Section 2. Section 53-1-413, MCA, is amended to read:

"53-1-413. Deposit of payments and collections. (1) Except as provided in 90-7-220, 90-7-221, and this section, the department shall deposit payments and collections of charges for a resident's cost of care in the state treasury to the credit of the general fund.

(2) Payments and collections for services provided to residents of the Montana veterans' home must be deposited in the special revenue account for the benefit of the home. Payments and collections for services provided to residents of the Montana chemical dependency treatment center must be deposited in the state special revenue account for the facility.

(3) Subject to 90-7-221, payments from a managed care organization that is contracting with the department to administer a mental health managed care program for services provided by the Montana state hospital and the Montana mental health nursing care center must be deposited in the state special revenue account and are subject to appropriation by the legislature for the benefit of those institutions.

(4) Subject to 90-7-221, payments from the department of corrections for services provided by a state institution listed in 53-1-402(1) to an inmate who has been sentenced to imprisonment in a state prison must be deposited in the state special revenue account and are subject to appropriation by the legislature for the benefit of those institutions."

NEW SECTION. Section 3. Coordination instruction. If Senate Bill No. 33 is passed and approved, and it amends the definition of Montana prison in 53-30-101, the bracketed language in [section 1] must be amended to read "state prison".

NEW SECTION. Section 4. Effective date. [This act] is effective July 1, 1999.

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