405 ILCS 5/5-105
2021 Illinois Compiled Statutes|Chapter 405 - MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES|405 ILCS 5/ - Mental Health and Developmental Disabilities Code.|Chapter V - General Provisions

 (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.)