Mass. Gen. Laws » Part I Title XVII Chapter 123
Massachusetts General Laws

Mass. Gen. Laws ch. 123, § 32 (2026)

Charges for care of persons in facilities

✓ current as of July 2026
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Section 32. The department may make charges for the care of any person in its facilities. To the extent that any person in its facilities is eligible for third party payment of charges for care, the department shall make said charges for care at rates established by the executive office of health and human services or a governmental unit designated by the executive office. To the extent that third party payment is not available, or is not sufficient to pay said charges, the charges may be recovered from said person, or from any person with a legal obligation to support the person; provided, however, that said person shall be entitled to retain one thousand dollars in cash or personal property; and provided, further, that the department shall make adjustments to the charges based upon said person's individual circumstances. The department also shall establish, by regulation, a system of charges for care in programs funded by or under a contract with the department which is consistent with the provisions of this section.

Notes of Decisions
Cited in 2 cases, 1979–1990 · leading case: Feinberg v. Diamant, 389 N.E.2d 998 (Mass. 1979).
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Feinberg v. Diamant, 389 N.E.2d 998 (Mass. 1979). “Thus, neither G. L. c. 123, § 32, nor § 37 of that same chapter (both of which describe in what circumstances and from whom the Department of Mental Health may recover expenses for the care of any person within its facilities), is relevant to this case.”
Leavitt v. McLean Hosp. Corp., 28 Mass. App. Ct. 598 (Mass. App. Ct. 1990). “” See also G. L. c. 123, § 32. It does not necessarily follow, however, that the Commonwealth should pay for every commitment that has a § 15(e) *602 component.”
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