MARVIN MANDEL, Governor

2239

determine, in each case, the ability of any such person,
or of his or her relatives or other persons legally
chargeable with his or her care, to make payment, in
whole or in part, for the care of such person while a
patient of such center. In making such investigation,
the investigation unit shall require reports or
statements to be made by such person, relatives or other
person upon such forms as may be prepared by said unit.
Public assistance payments shall be taken into
consideration as financial resources.

(c) If as a result of such investigation, the unit
shall determine that such person, his or her relatives,
or other persons shall be required to pay for his or her
care or a part thereof, it shall specify the amount of
such payments to be made, which shall not exceed the
average per dies cost of maintaining a patient in such
center, and the times when the same are to be made. Such
average per diem cost shall be determined annually by the
State Comptroller and the State Budget Director between
September 1 and December 1. The investigation unit is
authorized to set the rate of payments retroactively to
become effective as of the date of admission to the
center or as of the date of beginning the investigations
of the financial condition of the patient and of other
persons legally chargeable for his maintenance and
support, whichever is the later date; but the effective
date may not be set more than six months prior to the
date of the order unless there has been a failure on the
part of the patient's guardian or committee or other
persons legally chargeable with his maintenance and
support, to file the financial reports or statements
required by the investigation unit. The investigation
unit shall have the power to require the relatives of any
such persons or others legally chargeable with his or her
care, to enter into appropriate and binding agreements
with respect to the making of such payments, and may from
time to time modify or change the terms thereof, as the
circumstances may justify; except with respect to those
patients who have been or shall remain in such center for
a period in excess of thirty (30) months under any one
admission, the rate chargeable to the family of the
patient shall thereafter not exceed twenty-five (25)
percent of the per capita cost. In arriving at the
amount to be paid, the investigation unit shall have due
regard for the financial means or abilities of the
patient, or the person or persons legally responsible for
the patient's maintenance and support, and whenever
deemed necessary, may agree to accept a periodic sum for
the patient's maintenance less than the per capita cost.
Upon failure of a patient or other legally responsible
person to make payment or enter into an agreement to make
payment, the investigation unit shall refer the case to
the central collection unit created within the Department