{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/37.2-715.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/37.2-715.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/37.2-715.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/37.2-715.html"}],"law_id":54512,"edition_id":1,"section_id":54512,"structure_id":13547,"section_number":"37.2-715","catch_line":"Who liable for expenses; amount","history":"Code 1950, \u00a7 37-125.1; 1950, p. 917; 1952, c. 492; 1956, c. 493; 1960, c. 386; 1962, c. 80; 1968, c. 477, \u00a7 37.1-105; 1972, c. 342; 1974, c. 667; 1982, c. 50; 1988, c. 713; 2005, c. 716; 2012, cc. 476, 507.","full_text":"Any person who has been or who may be admitted to any state facility or who is the subject of counseling or receives treatment from the staff of a state facility shall be deemed to be an individual receiving services for the purposes of this article.\n\t\tThe income and estate of an individual receiving services shall be liable for the expenses of his care, treatment or training, and maintenance in a state facility. Any person responsible for holding, managing, or controlling the income and estate of the individual receiving services shall apply the income and estate toward the expenses of the individual&#8217;s care, treatment or training, and maintenance.\n\t\tAny person responsible for the support of an individual receiving services pursuant to \u00a7 20-61 shall be liable for the expenses of his care, treatment or training, and maintenance in a state facility. Any such person shall no longer be financially liable, however, when a cumulative total of 1,826 days of (i) care and treatment or training for the individual in a state facility, (ii) utilization by the individual of services or facilities under the jurisdiction or supervision of any community services board or behavioral health authority, or (iii) a combination of (i) and (ii) has passed and payment for or a written agreement to pay the charges for 1,826 days of care and services has been made. Not less than three hours of service per day shall be required to include one day in the cumulative total of 1,826 days of utilization of services under the jurisdiction or supervision of a community services board or behavioral health authority. In order to claim this exemption, the person legally liable for the individual shall produce evidence sufficient to prove eligibility for it.\n\t\tSuch expenses shall not exceed the average cost for the particular type of service rendered and shall be determined no less frequently than annually by the Department in accordance with generally accepted accounting principles applicable to the health care industry. In no event shall recovery be permitted for amounts more than five years past due. A certificate of the Commissioner or his designee shall be prima facie evidence of the actual charges for the particular type of service rendered.","order_by":null,"text":{"0":{"id":200168,"text":"Any person who has been or who may be admitted to any state facility or who is the subject of counseling or receives treatment from the staff of a state facility shall be deemed to be an individual receiving services for the purposes of this article.\n\t\tThe income and estate of an individual receiving services shall be liable for the expenses of his care, treatment or training, and maintenance in a state facility. Any person responsible for holding, managing, or controlling the income and estate of the individual receiving services shall apply the income and estate toward the expenses of the individual&#8217;s care, treatment or training, and maintenance.\n\t\tAny person responsible for the support of an individual receiving services pursuant to \u00a7 20-61 shall be liable for the expenses of his care, treatment or training, and maintenance in a state facility. Any such person shall no longer be financially liable, however, when a cumulative total of 1,826 days of (i) care and treatment or training for the individual in a state facility, (ii) utilization by the individual of services or facilities under the jurisdiction or supervision of any community services board or behavioral health authority, or (iii) a combination of (i) and (ii) has passed and payment for or a written agreement to pay the charges for 1,826 days of care and services has been made. Not less than three hours of service per day shall be required to include one day in the cumulative total of 1,826 days of utilization of services under the jurisdiction or supervision of a community services board or behavioral health authority. In order to claim this exemption, the person legally liable for the individual shall produce evidence sufficient to prove eligibility for it.\n\t\tSuch expenses shall not exceed the average cost for the particular type of service rendered and shall be determined no less frequently than annually by the Department in accordance with generally accepted accounting principles applicable to the health care industry. In no event shall recovery be permitted for amounts more than five years past due. A certificate of the Commissioner or his designee shall be prima facie evidence of the actual charges for the particular type of service rendered.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":13547,"edition_id":1,"name":"Expenses of Care, Treatment or Training, and Maintenance","identifier":"2","label":"article","depth":4,"order_by":1,"parent_id":13088,"metadata":{},"date_created":"2026-06-26 03:45:11","date_modified":"2026-06-26 03:45:11","permalink":{"id":210225,"object_type":"structure","relational_id":13547,"identifier":"2","token":"37.2\/II\/7\/2","url":"\/37.2\/II\/7\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13088,"edition_id":1,"name":"State Facilities","identifier":"7","label":"chapter","depth":3,"order_by":1,"parent_id":13087,"metadata":{},"date_created":"2026-06-26 03:44:16","date_modified":"2026-06-26 03:44:16","permalink":{"id":210153,"object_type":"structure","relational_id":13088,"identifier":"7","token":"37.2\/II\/7","url":"\/37.2\/II\/7\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13087,"edition_id":1,"name":"Behavioral Health and Developmental Services","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12843,"metadata":{},"date_created":"2026-06-26 03:44:16","date_modified":"2026-06-26 03:44:16","permalink":{"id":210023,"object_type":"structure","relational_id":13087,"identifier":"II","token":"37.2\/II","url":"\/37.2\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12843,"edition_id":1,"name":"Behavioral Health and Developmental Services","identifier":"37.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:56","date_modified":"2026-06-26 03:43:56","permalink":{"id":209673,"object_type":"structure","relational_id":12843,"identifier":"37.2","token":"37.2","url":"\/37.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":54512,"structure_id":13547,"section_number":"37.2-715","catch_line":"Who liable for expenses; amount","url":"\/37.2-715\/","token":"37.2\/II\/7\/2\/37.2-715","metadata":false},{"id":76751,"structure_id":13547,"section_number":"37.2-716","catch_line":"Behavioral Health and Developmental Services Revenue Fund","url":"\/37.2-716\/","token":"37.2\/II\/7\/2\/37.2-716","metadata":false},{"id":62149,"structure_id":13547,"section_number":"37.2-717","catch_line":"Department to investigate financial ability to pay expenses; assessments and contracts by Department","url":"\/37.2-717\/","token":"37.2\/II\/7\/2\/37.2-717","metadata":false},{"id":80343,"structure_id":13547,"section_number":"37.2-718","catch_line":"Order to compel payment of expenses","url":"\/37.2-718\/","token":"37.2\/II\/7\/2\/37.2-718","metadata":false},{"id":76873,"structure_id":13547,"section_number":"37.2-719","catch_line":"Statement forms to be completed by the person liable for support of an individual receiving services","url":"\/37.2-719\/","token":"37.2\/II\/7\/2\/37.2-719","metadata":false},{"id":63671,"structure_id":13547,"section_number":"37.2-720","catch_line":"When collection of expenses not required","url":"\/37.2-720\/","token":"37.2\/II\/7\/2\/37.2-720","metadata":false},{"id":62490,"structure_id":13547,"section_number":"37.2-721","catch_line":"Liability of estate of the individual receiving services","url":"\/37.2-721\/","token":"37.2\/II\/7\/2\/37.2-721","metadata":false}],"next_section":{"id":76751,"structure_id":13547,"section_number":"37.2-716","catch_line":"Behavioral Health and Developmental Services Revenue Fund","url":"\/37.2-716\/","token":"37.2\/II\/7\/2\/37.2-716","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/37.2-715\/","history_text":"<p>The record of this law\u2019s original creation isn\u2019t available online. It has been modified 11 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1952, chapter 492; in 1956, chapter 493; in 1960, chapter 386; in 1962, chapter 80; in 1968, chapter 477; in 1972, chapter 342; in 1974, chapter 667; in 1982, chapter 50; in 1988, chapter 713; in 2005, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?051+ful+CHAP0716\">716<\/a>; in 2012, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?121+ful+CHAP0476\">476<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?121+ful+CHAP0507\">507<\/a>.<\/p>","references":[{"id":76873,"section_number":"37.2-719","catch_line":"Statement forms to be completed by the person liable for support of an individual receiving services","order_by":null,"url":"\/37.2-719\/"},{"id":74870,"section_number":"64.2-2027","catch_line":"Use of estate of incapacitated person in a state facility not limited by provisions relating to expenses","order_by":null,"url":"\/64.2-2027\/"}],"refers_to":[{"id":68962,"section_number":"20-61","catch_line":"Desertion or nonsupport of wife, husband or children in necessitous circumstances","order_by":null,"url":"\/20-61\/"}],"permalink":{"id":210227,"object_type":"law","relational_id":54512,"identifier":"37.2-715","token":"37.2\/II\/7\/2\/37.2-715","url":"\/37.2-715\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/37.2-715\/","token":"37.2\/II\/7\/2\/37.2-715","dublin_core":{"Title":"Who liable for expenses; amount","Type":"Text","Format":"text\/html","Identifier":"\u00a7 37.2-715","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section><p>Any person who has been or who may be admitted to any <span class=\"dictionary\">state<\/span> <span class=\"dictionary\">facility<\/span> or who is the subject of counseling or receives treatment from the staff of a <span class=\"dictionary\">state<\/span> <span class=\"dictionary\">facility<\/span> shall be deemed to be an <span class=\"dictionary\">individual receiving services<\/span> for the purposes of this article.\n\t\tThe income and estate of an <span class=\"dictionary\">individual receiving services<\/span> shall be liable for the expenses of his care, treatment or training, and maintenance in a <span class=\"dictionary\">state<\/span> <span class=\"dictionary\">facility<\/span>. Any person responsible for holding, managing, or controlling the income and estate of the <span class=\"dictionary\">individual receiving services<\/span> shall apply the income and estate toward the expenses of the individual&#8217;s care, treatment or training, and maintenance.\n\t\tAny person responsible for the support of an <span class=\"dictionary\">individual receiving services<\/span> pursuant to \u00a7&nbsp;<a class=\"law\" title=\"Desertion or nonsupport of wife, husband or children in necessitous circumstances\" href=\"\/20-61\/\">20-61<\/a> shall be liable for the expenses of his care, treatment or training, and maintenance in a <span class=\"dictionary\">state<\/span> <span class=\"dictionary\">facility<\/span>. Any such person shall no longer be financially liable, however, when a cumulative total of 1,826 days of (i) care and treatment or training for the individual in a <span class=\"dictionary\">state<\/span> <span class=\"dictionary\">facility<\/span>, (ii) utilization by the individual of services or facilities under the <span class=\"dictionary\">jurisdiction<\/span> or supervision of any <span class=\"dictionary\">community services board<\/span> or <span class=\"dictionary\">behavioral health authority<\/span>, or (iii) a combination of (i) and (ii) has passed and payment for or a written agreement to pay the charges for 1,826 days of care and services has been made. Not less than three hours of service per day shall be required to include one day in the cumulative total of 1,826 days of utilization of services under the <span class=\"dictionary\">jurisdiction<\/span> or supervision of a <span class=\"dictionary\">community services board<\/span> or <span class=\"dictionary\">behavioral health authority<\/span>. In <span class=\"dictionary\">order<\/span> to claim this exemption, the person legally liable for the individual shall produce <span class=\"dictionary\">evidence<\/span> sufficient to prove eligibility for it.\n\t\tSuch expenses shall not exceed the average cost for the particular type of service rendered and shall be determined no less frequently than annually by the <span class=\"dictionary\">Department<\/span> in accordance with generally accepted accounting principles applicable to the health care industry. In no event shall recovery be permitted for amounts more than five years past due. A certificate of the <span class=\"dictionary\">Commissioner<\/span> or his designee shall be prima facie <span class=\"dictionary\">evidence<\/span> of the actual charges for the particular type of service rendered.<\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nWHO LIABLE FOR EXPENSES; AMOUNT (\u00a7 37.2-715)\n\nAny person who has been or who may be admitted to any state facility or who is\nthe subject of counseling or receives treatment from the staff of a state\nfacility shall be deemed to be an individual receiving services for the purposes\nof this article.\n\t\tThe income and estate of an individual receiving services shall be liable for\nthe expenses of his care, treatment or training, and maintenance in a state\nfacility. Any person responsible for holding, managing, or controlling the\nincome and estate of the individual receiving services shall apply the income\nand estate toward the expenses of the individual&#8217;s care, treatment or\ntraining, and maintenance.\n\t\tAny person responsible for the support of an individual receiving services\npursuant to \u00a7 20-61 shall be liable for the expenses of his care, treatment or\ntraining, and maintenance in a state facility. Any such person shall no longer\nbe financially liable, however, when a cumulative total of 1,826 days of (i)\ncare and treatment or training for the individual in a state facility, (ii)\nutilization by the individual of services or facilities under the jurisdiction\nor supervision of any community services board or behavioral health authority,\nor (iii) a combination of (i) and (ii) has passed and payment for or a written\nagreement to pay the charges for 1,826 days of care and services has been made.\nNot less than three hours of service per day shall be required to include one\nday in the cumulative total of 1,826 days of utilization of services under the\njurisdiction or supervision of a community services board or behavioral health\nauthority. In order to claim this exemption, the person legally liable for the\nindividual shall produce evidence sufficient to prove eligibility for it.\n\t\tSuch expenses shall not exceed the average cost for the particular type of\nservice rendered and shall be determined no less frequently than annually by the\nDepartment in accordance with generally accepted accounting principles\napplicable to the health care industry. In no event shall recovery be permitted\nfor amounts more than five years past due. A certificate of the Commissioner or\nhis designee shall be prima facie evidence of the actual charges for the\nparticular type of service rendered.\n\nHISTORY: Code 1950, \u00a7 37-125.1; 1950, p. 917; 1952, c. 492; 1956, c. 493; 1960,\nc. 386; 1962, c. 80; 1968, c. 477, \u00a7 37.1-105; 1972, c. 342; 1974, c. 667;\n1982, c. 50; 1988, c. 713; 2005, c. 716; 2012, cc. 476, 507.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}