199.041. Probate court to notify division, when--estate subject to means test, when, procedure--appeal of decision of director.
Probate court to notify division, when--estate subject to means test,when, procedure--appeal of decision of director.
199.041. 1. Any probate division of the circuit courthaving knowledge of the existence of an estate of a patientreceiving services from residential facilities or other programsoperated or funded by the division shall promptly notify thedirector of the nature and extent of the estate and the identityof the attorney of record and conservator. The director shallthen apply the standard means test contained in the rules of thedivision to determine if the estate shall be charged for servicesrendered by the division.
2. If the director determines that the estate should becharged for the evaluation, care, treatment, rehabilitation orroom and board provided or funded by the division, and notifiesthe conservator, the conservator shall pay the charges. If theconservator fails to pay for the charges, after reasonable delay,the head of the division, residential facility or day program maydischarge the patient.
3. The decision of the director shall be final, and appealmay be made to the circuit court of Cole County or the countywhere the person responsible for payment resides in the mannerprovided by chapter 536, RSMo. The director shall notify theconservator and the supervising court of such failure to pay forservices rendered by a facility or program operated or funded bythe division at least thirty days before the patient isdischarged. If the conservator appeals the decision of thedirector, the patient shall remain in the facility or programpending final disposition of the appeal.
(L. 1991 H.B. 218 merged with S.B. 125 & 341)Effective 8-28-91 (H.B. 218) 7-1-92 (S.B. 125 & 341)