(405 ILCS 5/5-105) (from Ch. 91 1/2, par. 5-105)
Sec. 5-105.
Each recipient of services provided directly or funded by
the Department and the estate of that recipient is liable for the payment
of sums representing charges for services to the recipient at a rate to be
determined by the Department in accordance with this Act. If a recipient
is a beneficiary of a trust described in Section 509 of the Illinois Trust Code, the trust shall not be considered a part of the recipient's
estate and shall not be subject to payment for services to the recipient
under this Section except to the extent permitted under Section 509 of the Illinois Trust Code. If the recipient is unable to pay or if the estate
of the recipient is insufficient, the responsible relatives are severally
liable for the payment of those sums or for the balance due in case less
than the amount prescribed under this Act has been paid. If the recipient
is under the age of 18, the recipient and responsible relative shall be liable
for medical costs on a case-by-case basis for services for the diagnosis
and treatment of conditions other than that child's disabling condition.
The liability shall be the lesser of the cost of medical care or the
amount of responsible relative liability established by the Department
under Section 5-116. Any person 18 through 21 years of age who is
receiving services under the Education for All Handicapped Children Act of
1975 (Public Law 94-142) or that person's responsible relative shall only
be liable for medical costs on a case-by-case basis for services for the
diagnosis and treatment of conditions other than the person's disabling
condition. The liability shall be the lesser of the cost of medical care
or the amount of responsible relative liability established by the
Department under Section 5-116. In the case of any person who has received
residential services from the Department, whether directly from the
Department or through a public or private agency or entity funded by the
Department, the liability shall be the same regardless of the source of
services. The maximum services charges for each recipient assessed against
responsible relatives collectively may not exceed financial liability
determined from income in accordance with Section 5-116. Where the
recipient is placed in a nursing home or other facility outside the
Department, the Department may pay the actual cost of services in that
facility and may collect reimbursement for the entire amount paid from the
recipient or an amount not to exceed those amounts determined under Section
5-116 from responsible relatives according to their proportionate ability
to contribute to those charges. The liability of each responsible relative
for payment of services charges ceases when payments on the basis of
financial ability have been made for a total of 12 years for any recipient,
and any portion of that 12 year period during which a responsible relative
has been determined by the Department to be financially unable to pay any
services charges must be included in fixing the total period of liability.
No child is liable under this Act for services to a parent. No spouse is
liable under this Act for the services to the other spouse who willfully
failed to contribute to the spouse's support for a period of 5 years
immediately preceding his or her admission. Any spouse claiming exemption
because of willful failure to support during any such 5 year period must
furnish the Department with clear and convincing evidence substantiating
the claim. No parent is liable under this Act for the services charges
incurred by a child after the child reaches the age of majority. Nothing
in this Section shall preclude the Department from applying federal
benefits that are specifically provided for the care and treatment of a
person with a disability toward the cost of care provided by a State facility or
private agency.
(Source: P.A. 101-48, eff. 1-1-20; 102-279, eff. 1-1-22 .)
|