725 ILCS 207/90

(725 ILCS 207/90)

Sec. 90. Committed persons ability to pay for services.


Each person committed or detained under this Act who receives services
provided directly or funded by the Department and the estate of that person is
liable for the payment of sums representing charges for services to the person
at a rate to be determined by the Department.  Services charges against that
person take effect on the date of admission or the effective date of this
Section.  The Department in its rules may establish a maximum
rate for the cost of services.  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.  When the person is placed in a
facility outside the Department, the facility shall collect reimbursement from
the person.  The Department may supplement the contribution of the person to
private facilities after all other sources of income have been utilized;
however the supplement shall not exceed the allowable rate under Title XVIII
or Title XIX of the Federal Social Security Act for those persons eligible for
those respective programs.  The Department may pay the actual costs of services
or maintenance in the facility and may collect reimbursement for the entire
amount paid from the person or an amount not to exceed the maximum.  Lesser or
greater amounts may be accepted by the Department when conditions warrant that
action or when offered by persons not liable under this Act.  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.  The
Department
may investigate the financial condition of each
person committed under this Act, may make determinations of the ability of each
such person to pay sums representing services charges, and for those purposes
may set a standard as a basis of judgment of ability to pay.  The Department
shall by rule make provisions for unusual and exceptional circumstances in the
application of that standard.  The Department may issue to any person liable
under this Act a statement of amount due as treatment charges requiring him or
her to
pay monthly, quarterly, or otherwise as may be arranged, an amount not
exceeding that required under this Act, plus fees to which the Department may
be entitled under this Act.

(a) Whenever an individual is covered, in part or in whole, under any type
of insurance arrangement, private or public, for services provided by the
Department, the proceeds from the insurance shall be considered as part of the
individual's ability to pay notwithstanding that the insurance contract was
entered into by a person other than the individual or that the
premiums for the insurance were paid for by a person other than the
individual.  Remittances from intermediary agencies under Title XVIII of the
Federal
Social Security Act for services to committed persons shall be deposited with
the State Treasurer and placed in the Mental Health Fund.  Payments received
from the Department of Healthcare and Family Services

under Title XIX of the Federal Social
Security Act for services to those persons shall be deposited with the State
Treasurer and shall be placed in the General Revenue Fund.

(b) Any person who has been issued a Notice of Determination of sums due as
services charges may petition the Department for a review of that
determination.  The petition must be in writing and filed with the Department
within 90 days from the date of the Notice of Determination.  The Department
shall provide for a hearing to be held on the charges for the period covered by
the petition.  The Department may after the hearing, cancel, modify, or
increase the former determination to an amount not to exceed the maximum
provided for the person by this Act.  The Department at its expense shall take
testimony and preserve a record of all proceedings at the hearing upon any
petition for a release from or modification of the determination.  The
petition and other documents in the nature of pleadings and motions filed in
the case, a transcript of testimony, findings of the Department, and orders of
the Secretary constitute the record.  The Secretary shall furnish a transcript
of the record to any person upon payment of 75¢ per page for each
original transcript and 25¢ per page for each copy of the transcript.  Any
person
aggrieved by the decision of the Department upon a hearing may, within 30
days thereafter, file a petition with the Department for review of the
decision by the Board of Reimbursement Appeals established in the Mental Health
and Developmental Disabilities Code.  The Board of Reimbursement Appeals may
approve action taken by the Department or may remand the case to the Secretary
with recommendation for redetermination of charges.

(c) Upon receiving a petition for review under subsection (b) of this
Section, the Department shall thereupon
notify the Board of Reimbursement Appeals which shall render its decision
thereon within 30 days after the petition is filed and certify such decision to
the Department.  Concurrence of a majority of the Board is necessary in any
such decision.  Upon request of the Department, the State's Attorney of the
county in which a client who is liable under this Act for payment of sums
representing services charges resides, shall institute appropriate legal action
against any such client, or within the time provided by law shall file a
claim against the estate of the client who fails or refuses to pay those
charges.  The court shall order the payment of sums due for services charges
for such period or periods of time as the circumstances require.  The order
may be entered against any defendant and may be based upon the proportionate
ability of each defendant to contribute to the payment of sums representing
services charges including the actual charges for services in facilities
outside
the Department where the Department has paid those charges.  Orders for the
payment of money may be enforced by attachment as for contempt against the
persons of the defendants and, in addition, as other judgments for the payment
of money, and costs may be adjudged against the defendants and apportioned
among them.

(d) The money collected shall be deposited into the Mental Health Fund.

(Source: P.A. 99-143, eff. 7-27-15.)