New Jersey § 30:4-60

§ 30:4-60.

a. If the court shall determine that the person has a mental illness and is in need

of treatment at a psychiatric facility, it may determine the legal settlement of the

person and, consistent with the laws governing civil commitment and the Rules of Court,

direct the admission or hospitalization of the person to the care of the Commissioner

of Human Services for treatment in a psychiatric facility, short-term care facility , or special psychiatric hospital in this State. b. If the Department of Human Services determines that the person has a developmental

disability and is eligible for functional services from the Division of Developmental

Disabilities, the department, using a formula of financial ability to pay as promulgated

annually by the Department of the Treasury, shall determine if the person with a developmental

disability has sufficient income, assets, resources or estate to pay for the person's maintenance as fixed by the department , or is able to make any payment towards the person's maintenance, or if the person's chargeable relatives or other persons chargeable

by contract are able to pay the person's maintenance or make any payment toward the

person's maintenance on the person's behalf. The department shall determine the legal settlement of the developmentally disabled

person pursuant to section 86 of P.L.1965, c. 59 ( C.30:4-165.3 ). The department shall send written notice of the periodic payment amount to the person

or the person's parent or guardian, chargeable relative , or other person chargeable by contract for the person's support. All required payments shall be made directly to the department unless otherwise

specified in the notice. The notice may, in the discretion of the department, contain such direction as may

seem proper concerning security to be given for the payment. The payment notice shall be separate and independent of any order of commitment

to the care and custody of the commissioner or any order of guardianship. The department shall annually review and revise, as appropriate, its payment calculations. If the financial circumstances of the person or persons chargeable by law or contract

for the support of the developmentally disabled person change prior to the annual

review, the chargeable person or persons shall immediately notify the department in

writing. c. (1) A person with mental illness who is 18 years of age or older and is being treated

in a psychiatric facility as defined in section 2 of P.L.1987, c. 116 (C.30:40-27.2)

shall be liable for the full cost of the person's treatment, maintenance , and all necessary and related expenses of the person's hospitalization until the person is determined to be ineligible for or has exhausted any third party insurance benefits

or medical assistance program that will pay an amount toward the facility's bill. The obligation by the person with mental illness for the remainder of the facility's

bill, after the credit for all available third party insurance payments or medical

assistance program payment, will be in an amount based upon the sliding scale fee

schedule established for charity care pursuant to subsection b. of section 10 of P.L.1992, c. 160 ( C.26:2H-18 . 60). (2) The obligation of the parent of a person with mental illness under the age of

18 for the remainder of the facility's bill shall be based upon the lesser of the

sliding scale fee schedule established for charity care pursuant to subsection b.

of section 10 of P.L.1992, c. 160 ( C.26:2H-18.60 ), or the formula of financial ability to pay as promulgated annually by the Department

of the Treasury pursuant to subsection b. of this section. (3) A person with mental illness or a person responsible under a court order for the

cost of care and maintenance of a person with mental illness who, without good cause,

(a) refuses to submit information and authorizations sufficient to enable the facility

to access any available third-party payer, or (b) refuses to apply for public medical

assistance for which the person with mental illness may be eligible, shall be responsible

for the full cost of the person's care and maintenance at the facility without the

application of the criteria set forth in paragraphs (1) and (2) of this subsection. (4) Based upon the criteria set forth in paragraphs (1) and (2) of this subsection,

the Department of Human Services or county adjuster in the county of settlement, as

applicable, shall make a determination of the amount the person with mental illness

who is 18 years of age or older, or the parent of a person with mental illness under

the age of 18, shall be liable to contribute toward the cost of the person's treatment,

maintenance , and all necessary and related expenses of the person's hospitalization. The liability may be enforced by the Commissioner of Human Services in the manner

set forth in section 1 of P.L.1962, c. 207 ( C.30:4-75.1 ). (5) In the case of a person with mental illness who is married, the department shall

establish a spousal share of the combined assets of the couple that shall be preserved

for the noninstitutionalized spouse and immune from execution to satisfy the person's

liability to contribute toward the cost of treatment, maintenance , and all necessary and related expenses of the person's hospitalization. In order to determine the spousal share of the combined assets to be preserved,

the Commissioner of Human Services shall employ the same methodology used by the State

Medicaid program to determine the resources that are preserved for the needs of the

community spouse of an institutionalized individual in accordance with N.J.A.C.10:71-4.8 . (6) The Commissioner of Human Services shall act on any request by a person with mental

illness who is 18 years of age or older, or the parent of a person with mental illness

under the age of 18, to compromise for settlement of the obligation established pursuant

to this section. With respect to the request, the commissioner shall allow the person or parent to

retain adequate funds to: (a) maintain the person's or parent's housing and usual standard of living in the

community; (b) provide for any necessary medical expenses or special needs; (c) support any minor, disabled, elderly , or other dependent; (d) establish a trust to ensure future self-sufficiency; or (e) provide for any other genuine financial needs. Requests to compromise for settlement of the obligation shall be liberally granted

by the commissioner and shall promote the person's or the person's parent's opportunity to obtain and maintain employment, purchase property, both real

and personal, and achieve full reintegration into the community, as applicable. The commissioner shall ensure that all persons and parents are notified of their

right to request a compromise and the procedure for doing so.