SEC. 43-47-21. Payment for services; orders to provide custody, care, and maintenance.
At the time the department makes an evaluation of the case reported, in accordance with the provisions of Section 43-47-9, it shall be determined, according to the regulations set by the department, whether the vulnerable adult is financially capable of paying for the essential services. If he is, he shall make reimbursement for the costs of providing the needed essential services. If it is determined that he is not financially capable of paying for such services, they shall be provided at no cost to the recipient of the services. The court may order the department or any public agency to provide for the custody, care and maintenance of such vulnerable adult. Provided, however, that the care, custody and maintenance of any vulnerable adult shall be within statutory authorization and budgetary means of such institution, facility, agency or department. Notwithstanding any provision to the contrary, it is not the intent of the Legislature through the adoption of this chapter to authorize any court exercising jurisdiction over a vulnerable adult to enlarge or bring about the addition of new groups or categories of recipients or to increase the types of care and services for such adults under the Mississippi Medicaid Law, and any court exercising jurisdiction over a vulnerable adult shall not, in any way, enter an order against the Division of Medicaid to provide for the custody, care, or maintenance of a vulnerable adult who is not otherwise eligible for medical assistance under Section 43-13-115 or services under Section 43-13-117.
SOURCES: Laws, 1986, ch. 468, Sec. 11; reenacted, 1989, ch. 381, Sec. 11, eff from and after September 29, 1989.