Effective 28 Aug 1985

630.205. Patient or representative liable for costs of services rendered — parents not liable, when — denial of services for inability to pay prohibited, when — department subrogated to rights of patient, parent, or recipient, when. — 1. The person receiving services and the person's estate, spouse, parents, if the person is a minor, and any fiduciary or representative payee holding assets for the person or on the person's behalf are jointly and severally liable for the fees for services rendered to the person by a residential facility, day program or specialized service operated or funded by the department. The department shall not charge parents for services it renders to persons who are eighteen years of age or older and who are residents of this state. If any person, firm, corporation, or public or private agency is liable, either pursuant to contract or otherwise, to the parents or a recipient of services on account of personal injury to or disability or disease of the recipient of services, the department is subrogated to the right of the parent or recipient to recover from that part of the award or settlement an amount equal to the amount expended by the service for services which are not otherwise recoverable from the parent or recipient. The acceptance of services from the department constitutes acknowledgment of subrogation rights by the department, and the department may take any and all action necessary to enforce the subrogation rights.

2. Parents of minors who are domiciled in this state, as defined in section 162.970, shall not be liable for the cost of education or special education and related services. If, as a result of a comprehensive evaluation and such conclusion in the minor's individualized education program, admission to a department facility or placement program is necessary for such minor to receive an appropriate education, the parents of minors who are domiciled in this state under section 162.970 shall not be liable for the cost of nonmedical care and room and board.

3. For purposes of subsection 2 of this section, "special education" and "related services" are defined pursuant to the Federal Education of the Handicapped Act (20 U.S.C. § 1401, et seq.), as amended, and the rules and regulations promulgated in furtherance thereof.

4. No person who is domiciled in Missouri shall be denied services from a department facility because of an inability to pay for such services on the part of the individual, the spouse or the parents.

5. Nothing in this section shall be construed to relieve an insurer or other third party from an otherwise valid obligation.

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(L. 1980 H.B. 1724, A.L. 1981 H.B. 399, A.L. 1985 S.B. 265)