Compromise agreements; conditions; other sources of reimbursement

Sec. 6. (a) The division may, upon receipt of a properly executed application, agree to accept payment at a lesser rate than that prescribed under this article.

(b) The division shall, in determining whether to accept the lesser amount under this section, take into consideration the possibility of reimbursement from the estate of the patient and the estates of responsible parties.

(c) All agreements to accept a lesser amount under this section are subject to cancellation or modification if any of the following conditions exist:

(1) Material misrepresentation or omission of facts.

(2) Substantial and continuing change in the financial circumstances of the responsible party with whom the agreement is made within five (5) years after discharge.

(d) A person who has been issued a bill for maintenance charges based upon a lesser rate than that prescribed by this article may request the division to review the agreement. If an acceptable rate cannot otherwise be established, the division shall provide for hearings to be held upon request.

(e) The division may modify an agreement made under this section after the hearing held under subsection (d).

(f) This section does not prohibit the division from receiving reimbursement under 42 U.S.C. 1395 et seq. or 42 U.S.C. 1396 et seq.

[Pre-1992 Revision Citation: 16-14-18.1-8.]

As added by P.L.2-1992, SEC.18.