(1) Each LMHA, and LSAA shall require any program that receives federal, state and matching funds from the Division and provides services to clients to establish a policy to set and collect fees. Each fee policy shall include:
- (a) a fee reduction plan based on the client's ability to pay for services; and
- (b) a provision that clients who have received an assessment and require mental health or substance use disorder services shall not be denied services based on the lack of ability to pay.
- (2) Any adjustments to the assessed fee shall follow the procedures approved by the LMHA or the LSAA.
- (3) The governing body of each LMHA and LSAA shall approve the fee policy, and shall set a usual and customary rate for services rendered.
- (4) Each LMHA and LSAA program shall provide a written explanation of the fee policy to clients at the time of intake except in the case of emergency services.
(5) Each client shall be assessed fees based on:
- (a) the usual and customary rate established by the LMHA or LSAA, or
- (b) a negotiated contracted cost of services rendered to clients.
- (6) Fees assessed to clients shall not exceed the average cost of delivering the service.
- (7) Any fee assessed to clients, including upfront administrative fees, shall be reasonable as determined by the LMHA or LSAA.
- (8) Each LMHA and LSAA shall make reasonable effort to collect outstanding fee charges and may use an outside collection agency.
- (9) Each LMHA and LSAA may reduce the assessed fee for services if the fee is determined to be a financial hardship for the client.
- (10) The Division shall annually review each LMHA's and LSAA's policy and fee schedule to ensure that the elements set in this rule are incorporated.
KEY: funding formula, bed allocations, Local Mental Health Authority, Local Substance Abuse Authority
Date of Last Change: February 26, 2021
Notice of Continuation: December 1, 2025
Authorizing, and Implemented or Interpreted Law: 17-43-301(6)(a)(x); 62A-10-103(2)(a); 62A-15-103(2)(b)(ii); 62A-15-103(2)(g); 62A-15-105; 62A-15-108(1); 62A-15-108(2); 62A-15-610(2)(a); 62A-15-611(2)(a); 62A-15-902(2)(c); 76-8-311.1; 76-8-311.3; 76-10-523.5