If the Department fails to provide relief for a person, including a transient, the person or hospital relieving him or her may recover therefor in an action on this statute against the State of Vermont. However, no recovery may be had for any period in excess of 72 hours before notice is given to the Department if the plaintiff has failed to timely file the information required under subsection 2109(b) of this title. This section shall only be operative to the extent that funds are appropriated for it by the General Assembly. (Added 1967, No. 147, § 7, eff. Oct. 1, 1968; amended 1969, No. 126, § 3; 1973, No. 207 (Adj. Sess.), § 6; 1975, No. 254 (Adj. Sess.), § 148.)