The following opinion is presented on-line for informational use only and does not replace the official version. (Mich Dept of Attorney General Web Site - www.ag.state.mi.us) STATE OF MICHIGAN FRANK J. KELLEY, ATTORNEY GENERAL Opinion No. 5244 December 6, 1977 SOCIAL SERVICES: Responsibility of relative or guardian for cost of hospitalization Pursuant to section 66c of the social welfare act, liability for reimbursement of the cost of hospitalization of an eligible patient or a legally responsible relative or guardian of an incompetent or mental patient may only be predicated upon a signed agreement with a county Department of Social Services to reimburse the county. However, with respect to an emergency hospitalization, the patient and the spouse, parent and adult child of the patient are jointly and severally liable for reimbursement of the cost of hospitalization without having signed a reimbusement agreement if they are of sufficient ability to make the payment Mr. Peter A. Cohl Ingham County Corporation Counsel County Building 116 West Ottawa Street Lansing, Michigan 48933 You have requested my opinion regarding the interpretation of Section 66c of 1939 PA 280; MCLA 400.66C; MSA 16.466(3), as it pertains to the financial liability of parents for hospital care of adult children and vice-versa where county departments of social services have paid all or part of an indigent patient's hospitalization expenses. Section 66c provides: 'The county department shall enter into an agreement signed by the patient or a legally responsible relative or guardian for reimbursement of the net cost to the county in furnishing such hospitalization: Provided, That such an agreement between the patient and the county department shall be deemed to be in existence in respect to an emergency hospitalization. The spouse, parent and adult child or any such patient being of sufficient ability shall be jointly and severally liable to the county department for the reimbursement of the expenses incurred by the county in furnishing such hospitalization to the extent that such expenses are not reimbursed from another source. Such liability may be enforced in an action at law.' Under this section, the patient or a legally responsible relative or guardian of an incompetent or minor patient is required to sign an agreement with the county department of social services to reimburse the county for the cost of the patient's hospitalization. In emergency situations, Section 66c makes the patient liable for such costs even in the absence of any written agreement. Except in an emergency, any other relative specified in this section will not be liable for such hospitalization costs unless he or she has voluntarily entered into a written agreement with the county department of social services. Only in an emergency, may the spouse, parent or adult child of the patient, with sufficient ability to pay, be held jointly and severally liable to the county for reimbursement of the hospitalization expenses of the adult patient in the absence of a written agreement voluntarily signed by the relative who is to be held accountable. 2 OAG, 1957-1958, No 3226, p 144 (May 21, 1958) (1). In conclusion, the relatives specified in Section 66c of 1939 PA 280; MCLA 400.66c; MSA 16.466(3) are only liable to the county department of social services for hospitalization expenses incurred by indigent patients if they sign an agreement or if there is an emergency. (2) Frank J. Kelley Attorney General (1)
(2)
The Michigan Court of Appeals has upheld the constitutionality of a statute similar to Section 66c of 1939 PA 280 in In re Raseman Estate, 18 Mich App 91; 170 NW2d 503 (1969).