MENTAL HEALTH CODE
Act 258 of 1974
330.1818 Adult inpatient psychiatric services less than 61 days, nonresidential services, and services to minors; provisions applicable to ability to pay; rules.
Sec. 818.
(1) The department and community mental health services programs shall determine an adult responsible party's ability to pay for adult inpatient psychiatric services of less than 61 days, all nonresidential services, and all services to minors, in accordance with the requirements of the federal sliding fee discount program under 42 USC 254g and related guidance. Eligibility for the sliding fee discount program must be based solely on family size and income in accordance with the most current federal poverty guidelines published annually in the Federal Register by the United States Department of Health and Human Services under its authority to revise the poverty line under 42 USC 9902.
(2) The amendatory act that added this sentence is effective immediately. Beginning on the effective date of the amendatory act that added this sentence, any administrative rules promulgated under this section before that date are unenforceable. The department shall rescind any administrative rule promulgated under this section before the effective date of the amendatory act that added this sentence. The department may promulgate new administrative rules or establish policy, contract requirements, or guidance to carry out the provisions of this section.
History: 1974, Act 258, Eff. Nov. 6, 1974 ;-- Am. 1981, Act 91, Imd. Eff. July 2, 1981 ;-- Am. 1995, Act 290, Eff. Mar. 28, 1996 ;-- Am. 2022, Act 91, Imd. Eff. June 6, 2022
AdminRule Notes:
R 330.1001 et seq. of the Michigan Administrative Code.
Notes of Decisions
Cited in
12
cases, 1981–1998 · leading case:
In Re Sykes Est., 345 N.W.2d 642 (Mich. Ct. App. 1983).
In Re Sykes Est., 345 N.W.2d 642 (Mich. Ct. App. 1983).
· cites it 2× “MCL 330.1818; MSA 14.800 (818). The department determines financial liability based on the following factors: income, expenses, insurance proceeds, number and condition of dependents, assets, and liabilities.”
In Re Johannes Trust, 479 N.W.2d 25 (Mich. Ct. App. 1991).
“*517 An individual who receives services from the Department of Mental Health is financially liable for those services and the department, subject to certain restrictions, may attach the assets and income of those individuals to pay for the services provided by the department.”
Miller v. Dep't of Mental Health, 442 N.W.2d 617 (Mich. 1989).
“*429 The code further provides that a single individual’s ability to pay shall be determined from a consideration of his total financial situation and that such consideration shall include "assets.”
In Re Hertsberg Inter Vivos Trust, 578 N.W.2d 289 (Mich. 1998).
“§ 330.1818(c); M.S.A. § 14.800(818)(c) applicable at the time of trial in this case, an individual's ability to pay was determined from consideration of his or her financial situation.”
In Re Nichols, 388 N.W.2d 682 (Mich. Ct. App. 1986).
“Determination of financial liability is addressed by MCL 330.1818; MSA 14.800(818). Subsections (c) and (d) provide that the ability to pay of a single individual and of a married individual and spouse shall be determined from a consideration of the total financial situation.”
Health v. Old Kent Bank & Trust Co., 131 Mich. App. 49 (Mich. Ct. App. 1983).
· cites it 2× “MCL 330.1818; MSA 14.800 (818). The department determines financial liability based on the following factors: income, expenses, insurance proceeds, number and condition of dependents, assets, and liabilities.”
McKeon v. Dep't of Mental Health, 191 Mich. App. 514 (Mich. Ct. App. 1991).
“*517 An individual who receives services from the Department of Mental Health is financially liable for those services and the department, subject to certain restrictions, may attach the assets and income of those individuals to pay for the services provided by the department.”
Colman v. Dep't of Mental Health, 457 Mich. 430 (Mich. 1998).
“Under the version of MCL 330.1818(c); MSA 14.800(818)(c) applicable at the time of trial in this case, an individual’s ability to pay was determined from consideration of his or her financial situation.”
Dep't of Mental Health v. Nichols, 150 Mich. App. 1 (Mich. Ct. App. 1986).
“Determination of financial liability is addressed by MCL 330.1818; MSA 14.800(818). Subsections (c) and (d) provide that the ability to pay of a single individual and of a married individual and spouse shall be determined from a consideration of the total financial situation.”
Turner v. Deparment of Mental Health, 310 N.W.2d 802 (Mich. Ct. App. 1981).
“In determining ability to pay, the department used factors enumerated in § 818 of the code, MCL 330.1818; MSA 14.800(818). These factors include income, expenses, insurance proceeds, number and condition of dependents, assets, and liabilities.”
In Re Ferguson Est., 465 N.W.2d 357 (Mich. Ct. App. 1990).
· cites it 2× “Thus, for the first time, this Court addresses the substantive issue which, from the beginning, petitioners have sought to raise, namely, whether Judith’s beneficial interest in the Marian Ferguson Trust is an asset within the meaning of MCL 330.1818; MSA 14.800(818) and may be…”
— Mich. Comp. Laws § 330.1818(c) — 3 cases
In Re Hertsberg Inter Vivos Trust, 578 N.W.2d 289 (Mich. 1998).
“§ 330.1818(c); M.S.A. § 14.800(818)(c) applicable at the time of trial in this case, an individual's ability to pay was determined from consideration of his or her financial situation.”
Colman v. Dep't of Mental Health, 457 Mich. 430 (Mich. 1998).
“Under the version of MCL 330.1818(c); MSA 14.800(818)(c) applicable at the time of trial in this case, an individual’s ability to pay was determined from consideration of his or her financial situation.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.