Alaska § 47.80.150 - Liability for expense of services.

§ 47.80.150. Liability for expense of services.

 (a) A person with a disability or the person's legal representative acting in a representative capacity, the person's spouse, or the person's parents if the person is a minor shall pay or contribute to the payment of the charges for the care or treatment in accordance with the fee schedule adopted under AS 44.29.022 . The order of the department relating to the payment of charges shall be prospective in effect and may relate only to charges to be incurred, except that, if a person intentionally conceals ability to pay, the person shall be ordered to pay to the extent of the person's ability to pay the charges accruing during the period of the concealment. The order of the department relating to the payment of charges by the person with a disability or the person's legal representative, or the person's spouse or parents, shall be issued within six months of the date on which the charge was incurred. The department may make necessary investigations to determine the ability to pay. The order shall remain in full force and effect unless modified by subsequent court or department orders.

 (b) As used in (a) of this section, the term “actual cost of the care and treatment” means the lesser of (1) the rate provided for by a contract entered into under this chapter, (2) the fee established under AS 44.29.022 for services provided under this chapter, or (3) if the person is under the age of 18, the cost of care of a person of the same age who is not a person with a disability and who resides with a parent or guardian, and includes expenses of transportation incidental to treatment and carrying out the intent of this chapter. In establishing fees for services under this chapter, the commissioner shall consider the income and family size of the responsible party, age of the person receiving the services, and other factors that relate to the ability to pay. Fees may not exceed the actual cost of the care or treatment.

 (c) [Repealed, § 101 ch 138 SLA 1986.]  (d) The department may charge, or accept money or property from a person, for the care or treatment of an inpatient or outpatient or for other purposes, even if the payment is not required by an order of the department. The total payments received may not exceed the actual cost of care or treatment.

 (e) All money paid to the department by the person with a disability or on the person's behalf, under this section, shall be deposited in the general fund.

 (f) If an order of payment is entered by the department under this section and delinquency in the payment of any amount due the state under the order continues for a period of more than 30 days after the notification by the department to the person, the legal representative, parent, or spouse of the person with a disability, the state may proceed to collect the amounts due by appropriate proceedings. Actions to enforce the collection of payments may only be brought within three years after the date of notification of a delinquent payment.

 (g) [Repealed, § 28 ch 90 SLA 1991.]