A. The Board of Mental Health and Substance Abuse Services may promulgate rules authorizing the executive director or designee of a facility within the Department of Mental Health and Substance Abuse Services at which a consumer is being treated to charge on a sliding scale or waive the liability of the consumer and estate of the consumer for the care and treatment of the consumer, if it is determined that the consumer is unable to pay the full amount for such care and treatment, or that the consumer is an indigent person as defined in this title.

B. Before any charge for care and treatment is placed on a sliding scale or waived there must be:

1. A written application and documentation demonstrating the income of the consumer;

2. The number of dependents of the consumer;

3. A statement of any charges to be placed on the sliding scale or waiver of indebtedness of the consumer for care and treatment; and

4. The reasons for the placement on the sliding scale or waiver. The statement must be signed by the executive director or designee granting such placement on the sliding scale or waiver. The statement must also be filed with the records of the consumer at the facility.

C. For the purpose of determining the financial status or ability to pay of a consumer, the estate of the consumer, or persons liable for the care and treatment of the consumer, the Oklahoma Tax Commission is directed to furnish to the Commissioner of Mental Health and Substance Abuse Services, or designee, upon request, such information as may be of record in the Commission relative to consumers, and their estates.

Added by Laws 1953, p. 173, § 113, emerg. eff. June 3, 1953. Amended by Laws 1986, c. 103, § 58, eff. Nov. 1, 1986. Renumbered from § 113 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. Amended by Laws 1987, c. 168, § 1, eff. Nov. 1, 1987; Laws 2003, c. 46, § 31, emerg. eff. April 8, 2003; Laws 2005, c. 150, § 31, emerg. eff. May 9, 2005.