37.2-715 - Who liable for expenses; amount.
§ 37.2-715. Who liable for expenses; amount.
Any person who has been or who may be admitted to any state facility or whois the subject of counseling or receives treatment from the staff of a statefacility shall be deemed to be a consumer for the purposes of this article.
The income and estate of a consumer shall be liable for the expenses of hiscare, treatment or training, and maintenance in a state facility. Any personresponsible for holding, managing, or controlling the income and estate ofthe consumer shall apply the income and estate toward the expenses of theconsumer's care, treatment or training, and maintenance.
Any person responsible for the support of a consumer pursuant to § 20-61shall be liable for the expenses of his care, treatment or training, andmaintenance in a state facility. Any such person shall no longer befinancially liable, however, when a cumulative total of 1,826 days of (i)care and treatment or training for the consumer in a state facility, (ii)utilization by the consumer of services or facilities under the jurisdictionor supervision of any community services board or behavioral healthauthority, or (iii) a combination of (i) and (ii) has passed and payment foror a written agreement to pay the charges for 1,826 days of care and serviceshas been made. Not less than three hours of service per day shall be requiredto include one day in the cumulative total of 1,826 days of utilization ofservices under the jurisdiction or supervision of a community services boardor behavioral health authority. In order to claim this exemption, the personlegally liable for the consumer shall produce evidence sufficient to proveeligibility for it.
Such expenses shall not exceed the average cost for the particular type ofservice rendered and shall be determined no less frequently than annually bythe Department in accordance with generally accepted accounting principlesapplicable to the health care industry. In no event shall recovery bepermitted for amounts more than five years past due. A certificate of theCommissioner or his designee shall be prima facie evidence of the actualcharges for the particular type of service rendered.
(Code 1950, § 37-125.1; 1950, p. 917; 1952, c. 492; 1956, c. 493; 1960, c.386; 1962, c. 80; 1968, c. 477, § 37.1-105; 1972, c. 342; 1974, c. 667; 1982,c. 50; 1988, c. 713; 2005, c. 716.)