§ 8101. Liability

(a) It shall be the duty of a patient, his or her legal representative, spouse, and, in the case of a patient who is a minor, his or her parents, in that order, to pay or contribute to the payment of the charge for the care and treatment of that patient when hospitalized under this part of this title in such manner and proportion as the Commissioner shall determine to be within their ability to pay.

(b) The Commissioner shall adopt, pursuant to 3 V.S.A. chapter 25, rules that set forth in detail the levels of income, resources, expenses, and family size at which persons are deemed able to pay given amounts for the care and treatment of a patient, and the circumstances, if any, under which the rates of payment so established may be waived or modified. A copy of the payment schedule so adopted shall be made available in the admissions office at the Vermont State Hospital or its successor in interest.

(c) The Commissioner shall, at the time of the hospitalization of a patient, investigate the ability to pay of persons liable under subsection (a) of this section, and may require from the liable persons sworn statements of income, resources, expenses, and family size. The Commissioner shall notify, within 30 days of the date of admission, in writing, each liable person of the amount of his or her liability and the fact that liability commences on the date of admission. The notice shall include a statement of the right of the liable person to an appeal under section 8111 of this title.

(d) If any of the persons liable for support know of such liability and willfully conceal their ability to pay, they shall be ordered to pay, to the extent of their ability, charges which accrue during the period of concealment.

(e) In his or her investigation, keeping of accounts, and collection of charges, the Commissioner shall have the support and cooperation of the Department for Children and Families insofar as the records of that Department relate to the ability to pay.

(f) Any self pay and third party payments received from or on behalf of any patients or any residents at the Vermont Psychiatric Care Hospital, the Middlesex Therapeutic Community Residence, or their successors in interest, shall be paid to the Department of Mental Health for deposit in a special fund to offset the associated expenditures. (Added 1967, No. 305 (Adj. Sess.), § 1, eff. Oct. 1, 1968; amended 1973, No. 244 (Adj. Sess.), § 2; 1999, No. 147 (Adj. Sess.), § 4; 2005, No. 174 (Adj. Sess.), § 42; 2011, No. 79 (Adj. Sess.), § 27, eff. April 4, 2012; 2015, No. 4, § 88, eff. March 12, 2015; 2015, No. 23, § 116.)