1. Any probate division of the circuit court having knowledge of the existence of an estate of a patient, resident or client receiving services from residential facilities or day programs operated or funded by the department shall promptly notify the director of the nature and extent of the estate and the identity of the attorney of record and conservator. The director shall then apply the standard means test contained in the rules of the department to determine if the estate shall be charged for services rendered by the department.

2. If the director determines that the estate should be charged for the evaluation, care, treatment, habilitation, rehabilitation or room and board provided or funded by the department, and notifies the conservator, the conservator shall pay the charges. If the conservator fails to pay for the charges, after reasonable delay, the head of the department, residential facility or day program may discharge the patient as provided by chapter 31.

Terms Used In Missouri Laws 630.215

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Client: any person who is placed by the department in a facility or program licensed and funded by the department or who is a recipient of services from a regional center, as defined in section 633. See Missouri Laws 630.005
  • Day program: a place conducted or maintained by any person who advertises or holds himself out as providing prevention, evaluation, treatment, habilitation or rehabilitation for persons affected by mental disorders, mental illness, intellectual disabilities, developmental disabilities or alcohol or drug abuse for less than the full twenty-four hours comprising each daily period. See Missouri Laws 630.005
  • Department: the department of mental health of the state of Missouri. See Missouri Laws 630.005
  • Director: the director of the department of mental health, or his designee. See Missouri Laws 630.005
  • Habilitation: a process of treatment, training, care or specialized attention that seeks to enhance and maximize a person with an intellectual disability or a developmental disability to cope with the environment and to live as determined by the person as much as possible, as is appropriate for the person considering his or her physical and mental condition and financial means. See Missouri Laws 630.005
  • Patient: an individual under observation, care, treatment or rehabilitation by any hospital or other mental health facility or mental health program pursuant to the provisions of chapter 632. See Missouri Laws 630.005
  • person: may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. See Missouri Laws 1.020
  • Probate: Proving a will
  • Rehabilitation: a process of restoration of a person's ability to attain or maintain normal or optimum health or constructive activity through care, treatment, training, counseling or specialized attention. See Missouri Laws 630.005
  • Resident: a person receiving residential services from a facility, other than mental health facility, operated, funded or licensed by the department. See Missouri Laws 630.005
  • Residential facility: any premises where residential prevention, evaluation, care, treatment, habilitation or rehabilitation is provided for persons affected by mental disorders, mental illness, intellectual disability, developmental disabilities or alcohol or drug abuse. See Missouri Laws 630.005

3. The decision of the director shall be final, and appeal may be made to the circuit court of Cole County or the county where the person responsible for payment resides in the manner provided by chapter 536. The director shall notify the conservator and the supervising court of such failure to pay for services rendered by a facility or program operated or funded by the department at least thirty days before the patient, resident or client is discharged under chapter 31. If the conservator appeals the decision of the director, the patient, resident or client shall remain in the facility or program pending final disposition of the appeal.