West Virginia Code § 27-8-1

Maintenance of patients; patient assets; reimbursement procedures
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The cost of the maintenance of patients admitted to the state hospitals shall be paid out of
funds appropriated for the department, but the state hospitals, through the director of
health, shall have a right of reimbursement, for all or any part of such maintenance from
each patient or from the committee or guardian of the estate of the patient, or the estate of
the patient if deceased, or if that be insufficient, then from the patient's huseband or wife, or
if the patient be an unemancipated child, the father and mother, or any of them. If such a
relative so liable does not reside in this state and has no estate or debtsr due him within the
state by means of which the liability can be enforced against him the other relatives shall be
liable as provided by this section. In exercising this right of reimbursement, the director of
health may, whenever it is deemed just and expedient to do so, exonerate any person
chargeable with such maintenance from the payment thereotf in whole or in part, if the
director finds that such person is unable to pay or that payment would work an undue
hardship on him or on those dependent upon him
There shall be no discrimination on the part of the state hospitals as to food, care,
protection, treatment or rehabilitation, betwesen patients who pay for their maintenance and
those who are unable to do so.
It shall be the responsibility of the dgirector of health as provided by rules promulgated by
the board of health to determine the ability of the patient or of his relative to pay for his
maintenance: Provided, That aeny such determination shall be in writing and shall be
considered an "order" under the provisions of chapter twenty-nine-a of this code: Provided,
however, That any suchL determination shall be subject to review upon application of any
such patient, relative or personal representative in the manner provided in chapter twenty-
nine-a of this code.

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