125.44 - AGREEMENTS WITH FACILITIES -- LIABILITY FOR COSTS.
125.44 AGREEMENTS WITH FACILITIES -- LIABILITY FOR
COSTS.
The director may, consistent with the comprehensive substance
abuse program, enter into written agreements with a facility as
defined in section 125.2 to pay for one hundred percent of the cost
of the care, maintenance, and treatment of substance abusers and
chronic substance abusers, except when section 125.43A applies. All
payments for state patients shall be made in accordance with the
limitations of this section. Such contracts shall be for a period of
no more than one year.
The contract may be in the form and contain provisions as agreed
upon by the parties. The contract shall provide that the facility
shall admit and treat substance abusers and chronic substance abusers
regardless of where they have residence. If one payment for care,
maintenance, and treatment is not made by the patient or those
legally liable for the patient, the payment shall be made by the
department directly to the facility. Payments shall be made each
month and shall be based upon the rate of payment for services
negotiated between the department and the contracting facility. If a
facility projects a temporary cash flow deficit, the department may
make cash advances at the beginning of each fiscal year to the
facility. The repayment schedule for advances shall be part of the
contract between the department and the facility. This section does
not pertain to patients treated at the mental health institutes.
If the appropriation to the department is insufficient to meet the
requirements of this section, the department shall request a transfer
of funds and section 8.39 shall apply.
The substance abuser or chronic substance abuser is legally liable
to the facility for the total amount of the cost of providing care,
maintenance, and treatment for the substance abuser or chronic
substance abuser while a voluntary or committed patient in a
facility. This section does not prohibit any individual from paying
any portion of the cost of treatment.
The department is liable for the cost of care, treatment, and
maintenance of substance abusers and chronic substance abusers
admitted to the facility voluntarily or pursuant to section 125.75,
125.81, or 125.91 or section 321J.3 or 124.409 only to those
facilities that have a contract with the department under this
section, only for the amount computed according to and within the
limits of liability prescribed by this section, and only when the
substance abuser or chronic substance abuser is unable to pay the
costs and there is no other person, firm, corporation, or insurance
company bound to pay the costs.
The department's maximum liability for the costs of care,
treatment, and maintenance of substance abusers and chronic substance
abusers in a contracting facility is limited to the total amount
agreed upon by the parties and specified in the contract under this
section. Section History: Early Form
[C71, 73, § 123B.4, 123B.8; C75, 77, § 125.27, 125.31; C79, §
125.44, 125.48; C81, § 125.44; 82 Acts, ch 1212, § 25] Section History: Recent Form
86 Acts, ch 1001, § 12, 13; 86 Acts, ch 1220, § 25; 86 Acts, ch
1245, § 1137; 89 Acts, ch 243, § 4, 5; 90 Acts, ch 1085, § 11
Referred to in § 124.409, 125.12, 125.13, 125.43, 321J.3, 462A.14