Private pay rates

1. The department's rate will not exceed the full rate charged to nondepartmental or private pay clients for the same service. The rate being charged nondepartmental or private pay clients at the time the services were provided will govern. In cases where the clients are not charged a daily rate, a daily rate will be computed by dividing the total nondepartmental or private pay charges for each month by the total nondepartmental or private pay census for each month. If at any time the center discounts any rates for those periods of time that a client is not in the facility and the discount creates a situation in which the rate is less than the established rate paid by the department, then the discounted rate will be the maximum chargeable for departmental clients and the department will be afforded a discount in the amount of the difference between the discounted rate and the established rate. 2. If the established rate exceeds the rate charged to nondepartmental or private pay clients for a service, on any given date, the center shall immediately report that fact to the department and charge the department at the lower rate. If payments were received at the higher rate, the center shall, within thirty days, refund the overpayment. The refund will be the difference between the established rate and the rate charged to nondepartmental or private pay clients times the number of department client days paid during the period in which the established rate exceeded the nondepartmental or private rate plus interest calculated at two percent over the Bank of North Dakota prime rate on any amount not repaid within thirty days. Interest charges on these refunds are not allowable costs.