53-1-402. Residents and financially responsible persons liable for cost of care. (1) A resident and a financially responsible person are liable to the department for the resident's cost of care as provided in this part. The cost of care includes the applicable per diem and ancillary charges or all-inclusive rate charges for the care of residents in the following institutions:
(a) Montana state hospital;
(b) Montana developmental center;
(c) Montana veterans' home;
(d) eastern Montana veterans' home;
(e) southwestern Montana veterans' home;
(f) Montana mental health nursing care center; and
(g) Montana chemical dependency treatment center.
(2) The eastern Montana veterans' home and the southwestern Montana veterans' home may assess charges on either a per diem and ancillary charge basis or an all-inclusive rate basis if the department contracts with a private vendor to operate the facility as provided for in 10-2-416.
(3) The Montana state hospital and the Montana mental health nursing care center may determine the cost of care using an all-inclusive rate or per diem and ancillary charges if the department contracts with a private entity to operate a mental health managed care program.