§ 143-118. Secretary of Health and Human Services to fix cost and charges.
§ 143‑118. Secretary of Health and Human Services to fix cost and charges.
(a) The Secretary shall determine and fix the actual cost ofcare to be paid by and for each person admitted to an institution. TheSecretary is given full and final authority to fix a general rate of chargebased on said actual cost of providing care, to be paid by persons admittedable to pay the rate or charge, or, in cases where indigent persons admittedare later found to be nonindigent, then cost for their care shall be paid inone or more payments based on the rate of charge in effect for the period orperiods of time during which the persons admitted were receiving care in theinstitutions.
(b), (c) Repealed by Session Laws 1985, c. 508, s. 5.
(d) The Secretary shall ascertain which of the persons admittedor persons legally responsible for them are financially able to pay the costfixed.
(e) The Secretary is empowered to enter into contracts ofcompromise of accounts owing to the institution for past, present or futurecare at the institutions, including but not limited to the authority to enterinto a contract to charge nothing, which contract shall be binding on therespective institution under the terms and for the period specified in thecontract. The rates set by the compromise shall be determined in the discretionof the Secretary by the ability to pay of the person admitted or the personlegally responsible for his support. This subsection shall not be construed asmandatory and if a contract is not entered into or terminates or if the obligordefaults in the payment of a compromise account or any installment, then thefull actual cost of care shall be assessed against the person admitted.
(f) For any client admitted under Part 2 of Article 5 of G.S.122C to a State facility for the mentally ill designated for research purposesin accordance with G.S. 122C‑210.2, the Secretary may reduce the ratesset by compromise in G.S. 143‑118(e) by not more than one‑half theamount of that rate. (1925, c. 120, s. 2; 1935, c. 186, s. 1; 1981, c. 562, s. 6; 1985, c.508, ss. 4‑6; 1987, c. 358, s. 2; 1997‑443, s. 11A.118(a).)