The Vermont Statutes Online

Title 18: Health

Chapter 191: Support and Expense

• § 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.)