§ 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 after the date of admission,
in writing, each liable person of the amount of the person’s 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 that 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; 2023, No. 6, § 206, eff. July 1, 2023.)
§ 8102. Charges for care or treatment
As used in section 8101 of this title, “charge for the care or treatment” of a patient means an amount not exceeding the
actual cost of the care and treatment. Actual cost shall mean either the rate provided
for by a contract lawfully entered into under this part of this title or, in the absence
of a contract, a per diem rate as determined under section 8105 of this title. (Added 1967, No. 305 (Adj. Sess.), § 1, eff. Oct. 1, 1968; amended 1973, No. 244 (Adj. Sess.), § 3.)
§ 8103. Voluntary payments
The Commissioner may accept from any interested party any payment for the care and
treatment of any patient, even if such payment is not required by an order of the
Commissioner under section 8101 of this title, so long as the total payments received under section 8101 and this section do not
exceed the actual cost of care and treatment. (Added 1967, No. 305 (Adj. Sess.), § 1, eff. Oct. 1, 1968.)
§ 8104. Repealed. 1973, No. 244 (Adj. Sess.), § 8.
§ 8105. Computation of charge for care and treatment
The charge for the care and treatment of a patient at the Vermont State Hospital or
its successor in interest shall be established at least annually by the Commissioner.
The charge shall reflect the current cost of the care and treatment, including depreciation
and overhead, for the Vermont State Hospital or its successor in interest. Depreciation
shall include costs for the use of the plant and permanent improvements, and overhead
shall include costs incurred by other departments and agencies for the operation of
the hospital. Accounting principles and practices generally accepted for hospitals
shall be followed by the Commissioner in establishing the charges. (Added 1967, No. 305 (Adj. Sess.), § 1, eff. Oct. 1, 1968; amended 1971, No. 154 (Adj. Sess.); 1973, No. 244 (Adj. Sess.), § 4; 2011, No. 79 (Adj. Sess.), § 28, eff. April 4, 2012.)
§ 8106. Persons in arrears
At least every six months, the Commissioner shall ascertain those liable persons whose
payments to the State are in arrears, the amount of the arrearage, and the amount
of income or resources, excluding an estate of less than $1,500.00, from which any
amount owed the State for care and treatment, as determined under section 8101 of this title, can be collected. (Added 1967, No. 305 (Adj. Sess.), § 1, eff. Oct. 1, 1968; amended 1973, No. 244 (Adj. Sess.), § 5.)
§ 8107. Repealed. 1973, No. 52, § 2.
§ 8108. Claim allowed against estate
Claim for the care and treatment of a mentally ill person against his or her estate
shall be presented and prosecuted by the Commissioner and shall be allowed by the
Commissioner upon the estate and paid by his or her administrator or executor. Such
claims shall not exceed the amount that the Commissioner has found to be within the
ability and legal obligation of the person to pay and full credit shall be allowed
for any amounts paid prior to the death of the person. (Added 1967, No. 305 (Adj. Sess.), § 1, eff. Oct. 1, 1968; amended 1973, No. 244 (Adj. Sess.), § 6.)
§ 8109. Repealed. 1973, No. 244 (Adj. Sess.), § 8.
§ 8110. Prosecution of claims
Claims due and unpaid under this part of this title shall be prosecuted and collected
in the name of the State. A State’s Attorney or the Attorney General, when requested
by the Commissioner, shall appear for and in behalf of the State in the prosecution
of the claims. (Added 1967, No. 305 (Adj. Sess.), § 1, eff. Oct. 1, 1968.)
§ 8111. Appeals
A person aggrieved by an act or decision of the Commissioner relating to the charge
for the care and treatment of a patient or to rates of payment established in accordance
with section 8101 of this title shall have an immediate right of appeal under the provisions for contested cases
in 3 V.S.A. chapter 25. (Added 1973, No. 244 (Adj. Sess.), § 7.)