                                 CODE OF VIRGINIA

WHO LIABLE FOR EXPENSES; AMOUNT (§ 37.2-715)

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.
		The 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.
		Any person responsible for the support of an individual receiving services
pursuant to § 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.
		Such 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.

HISTORY: 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; 2012, cc. 476, 507.