MISSISSIPPI LEGISLATURE

2001 Regular Session

To: Public Health and Welfare; Appropriations

By: Senator(s) Carlton

AN ACT TO AMEND SECTION 41-21-79, MISSISSIPPI CODE OF 1972, TO REQUIRE THAT COUNTIES BE REIMBURSED FOR TREATMENT AND HOUSING OF CERTAIN PERSONS PRIOR TO THEIR ADMISSION TO STATE TREATMENT FACILITIES; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 41-21-79, Mississippi Code of 1972, is amended as follows:

41-21-79. (1) The costs incidental to the court proceedings, including, but not limited to, court costs, prehearing hospitalization costs, cost of transportation, reasonable physician's and psychologist's fees set by the court, and reasonable attorney's fees set by the court, shall be paid out of the funds of the county of residence of the respondent in those instances where the patient is indigent unless funds for such purposes are made available by the state. Provided, however, if the respondent is not indigent, said costs shall be taxed against the respondent or his estate. Further provided that if the respondent is found by the court to not be in need of mental treatment then all such costs shall be taxed to the affiant initiating the hearing.

(2) Any cost incurred by a county in association with the medical treatment, housing, feeding or maintenance of any person who, after being ordered admitted to a treatment center, is held in a county facility or private mental hospital or other hospital pending transportation and admission to a state treatment facility shall be reimbursed to the county. All reimbursements shall be paid by the Department of Mental Health and such reimbursement shall be equal to the actual cost incurred by the county.

SECTION 2. This act shall take effect and be in force from and after July 1, 2001.