230.15 - PERSONAL LIABILITY.
230.15 PERSONAL LIABILITY.
A person with mental illness and a person legally liable for the
person's support remain liable for the support of the person with
mental illness as provided in this section. Persons legally liable
for the support of a person with mental illness include the spouse of
the person, any person bound by contract for support of the person,
and, with respect to persons with mental illness under eighteen years
of age only, the father and mother of the person. The county
auditor, subject to the direction of the board of supervisors, shall
enforce the obligation created in this section as to all sums
advanced by the county. The liability to the county incurred by a
person with mental illness or a person legally liable for the
person's support under this section is limited to an amount equal to
one hundred percent of the cost of care and treatment of the person
with mental illness at a state mental health institute for one
hundred twenty days of hospitalization. This limit of liability may
be reached by payment of the cost of care and treatment of the person
with mental illness subsequent to a single admission or multiple
admissions to a state mental health institute or, if the person is
not discharged as cured, subsequent to a single transfer or multiple
transfers to a county care facility pursuant to section 227.11.
After reaching this limit of liability, a person with mental illness
or a person legally liable for the person's support is liable to the
county for the care and treatment of the person with mental illness
at a state mental health institute or, if transferred but not
discharged as cured, at a county care facility in an amount not in
excess of the average minimum cost of the maintenance of an
individual who is physically and mentally healthy residing in the
individual's own home, which standard shall be established and may
from time to time be revised by the department of human services. A
lien imposed by section 230.25 shall not exceed the amount of the
liability which may be incurred under this section on account of a
person with mental illness.
A substance abuser or chronic substance abuser is legally liable
for the total amount of the cost of providing care, maintenance, and
treatment for the substance abuser or chronic substance abuser while
a voluntary or committed patient. When a portion of the cost is paid
by a county, the substance abuser or chronic substance abuser is
legally liable to the county for the amount paid. The substance
abuser or chronic substance abuser shall assign any claim for
reimbursement under any contract of indemnity, by insurance or
otherwise, providing for the abuser's care, maintenance, and
treatment in a state hospital to the state. Any payments received by
the state from or on behalf of a substance abuser or chronic
substance abuser shall be in part credited to the county in
proportion to the share of the costs paid by the county. Nothing in
this section shall be construed to prevent a relative or other person
from voluntarily paying the full actual cost or any portion of the
care and treatment of any person with mental illness, substance
abuser, or chronic substance abuser as established by the department
of human services. Section History: Early Form
[R60, § 1488; C73, § 1433; C97, § 2297; C24, 27, 31, 35, 39, §
3595; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 230.15;
82 Acts, ch 1260, § 114--116] Section History: Recent Form
83 Acts, ch 96, § 157, 159; 86 Acts, ch 1001, § 17; 90 Acts, ch
1085, § 21; 96 Acts, ch 1129, § 60
Referred to in § 230.16, 230.25, 234.39, 331.502