53-2-610. County to reimburse department. (1) On or before the 20th of each month, the department shall present a claim for reimbursement to each county department for its proportionate share of public assistance granted in the county to recipients during the month and for vendor medical payments made on behalf of recipients in the previous month. The county department shall make the reimbursement to the department within 20 days after the claim is presented.
     (2) The counties may not be required to reimburse the department for:
     (a) any portion of public assistance paid to a household eligible for FAIM financial assistance, as defined in 53-2-902, if the household includes an enrolled Indian who is the caretaker relative of a needy dependent child; or
     (b) any payment on behalf of any person in a state-operated medical institution.
     (3) (a) From the original date of entrustment or the original date of state residency, whichever is earlier, recipients of public assistance who become wards or patients in a licensed nursing home or hospital, foster home, or private charitable institution are the financial responsibility of the appropriate county as provided in subsections (3)(b) through (3)(d).
     (b) The county in which commitment of an adult is initiated is considered the county of financial responsibility except when a court decree declares the residency to be otherwise. When an adult is transferred from a facility or institution to one of the facilities listed in subsection (3)(a), the county that initiated the original commitment is considered the county of financial responsibility except in the case of an adult transfer from an out-of-state institution, in which case the county in which the facility is located is considered the county of financial responsibility.
     (c) In all cases in which a minor patient or ward is involved, the county of financial responsibility is the county in which the parent or guardian resides. If the custody of a minor is entrusted to a state agency, the agency may make a reasonable declaration of the county residency of its ward using applicable guidelines enumerated in this section.
     (d) If a person is or becomes an adult while in an institution, the person may determine the county of residence when the person is restored to competency and released. The person becomes the financial responsibility of the new county of residence.

     History: (1)En. Sec. 19, Part 1, Ch. 82, L. 1937; amd. Sec. 1, Ch. 71, L. 1957; amd. Sec. 14, Ch. 212, L. 1965; amd. Sec. 1, Ch. 244, L. 1969; amd. Sec. 49, Ch. 121, L. 1974; amd. Sec. 22, Ch. 37, L. 1977; Sec. 71-230, R.C.M. 1947; (2)En. Subd. (h), Sec. 7, Part 1, Ch. 82, L. 1937; amd. Sec. 3, Ch. 129, L. 1939; amd. Sec. 1, Ch. 219, L. 1947; amd. Sec. 3, Ch. 199, L. 1951; amd. Sec. 1, Ch. 141, L. 1953; amd. Sec. 12, Ch. 212, L. 1965; amd. Sec. 17, Ch. 325, L. 1967; amd. Sec. 4, Ch. 261, L. 1971; amd. Sec. 14, Ch. 37, L. 1977; Sec. 71-211, R.C.M. 1947; (3)En. 71-302.2 by Sec. 1, Ch. 225, L. 1974; amd. Sec. 25, Ch. 37, L. 1977; Sec. 71-302.2, R.C.M. 1947; R.C.M. 1947, 71-211(part), 71-230(3), 71-302.2(3); amd. Sec. 1, Ch. 450, L. 1979; amd. Sec. 3, Ch. 266, L. 1989; amd. Sec. 17, Ch. 561, L. 1993; amd. Sec. 420, Ch. 546, L. 1995; amd. Sec. 9, Ch. 486, L. 1997.