201.040. Children entitled to services free, when--recovery of cost of services, when, how.
Children entitled to services free, when--recovery of costof services, when, how.
201.040. Any child residing in the state of Missouri who iscrippled or is suffering from conditions which lead to crippling,who is in need of services because of his condition, who has beencertified by a physician of his choice as a person who canprobably benefit from such services, who is financially unable topay for such services and whose parents, guardian, or personlegally chargeable with his support is unable to pay therefor,shall be entitled to such services without charge, but if anyperson, firm, corporation, or public or private agency is liable,either pursuant to contract or otherwise, to the parents or arecipient of services on account of personal injury to ordisability or disease of the recipient of services, the serviceis subrogated to the right of the parent or recipient to recoverfrom that part of the award or settlement an amount equal to theamount expended by the service for services which are nototherwise recoverable from the parent or recipient. Theacceptance of services from the service constitutesacknowledgment of subrogation rights by the service, and theservice may take any and all action necessary to enforce thesubrogation rights. Any such child who, or whose parents,guardian, or other person legally chargeable with the support ofthe child, is able to pay a portion but not all of the expensesfor the required services for the child, shall be entitled to theservices if the child, parents, guardian or other person legallycharged with the support of the child shall pay such amountsthereof to the hospital and physician as the child, parents,guardian, or other persons legally charged with the support ofthe child are reasonably able to pay.
(L. 1959 S.B. 368 § 4, A.L. 1984 S.B. 727)