(1) A nonmember receiving covered emergency mental health services, which do not include hospital emergency room or other hospital services, is eligible on an emergency basis for the plan and may receive covered medically necessary services for a covered diagnosis unless the provider determines that the individual has the means, financially or otherwise, by which to make payment. If the individual is subsequently determined ineligible for the plan or fails to complete an application for plan eligibility within 60 days following completion of emergency treatment, the individual is liable for and may be billed by the provider at its usual and customary (billed charges) private pay charges or by the department for the amount of payments actually made by the department or its agents to the provider for the services provided.