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Session Laws, 1973
Volume 709, Page 1770   View pdf image
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1770                                     LAWS OF MARYLAND                                 Ch. 864

designated representative, may complete the necessary forms and effect transfer of
the patient to another facility.

601.

(b)  For the purpose of determining the amount to be paid for chronic [hospital]
DISEASE CENTER care, it shall be the duty of the collection unit to investigate
the financial condition of such person and also the financial condition of any
relative or other person who may be legally chargeable with his or her care, in
order to 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
[hospital] CENTER. In making such investigation, the collection 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 collection unit. Public assistance
payments shall be taken into consideration as financial resources.

(c)  If as a result of such investigation, the collection 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 diem cost of maintaining a patient in
such [hospital] 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 collection
unit is authorized to set the rate of payments retroactively to become effective as
of the date of admission to the [hospital] 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 collection unit. The
collection 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 [hospital J
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 collection 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 collection unit shall notify the Attorney
General and he shall institute proceedings on behalf of the unit for collection
thereof with authority to make adjustment or settlements of said claims as he feels
to be in the best interest of the State.

(c-1) It is the intent of this subtitle that a husband may be liable for the support
of a wife while she is an inmate of any such [hospital] CENTER; a wife, for a
husband; a father or mother, or both, for a son or daughter under twenty-one (21)
years of age; and a son or daughter, or both, for a father or mother. However, no
liability under this subtitle shall be placed upon any son or daughter for the
support of a father or mother by whom the son or daughter was abandoned; and
no liability under this subtitle shall be placed upon any husband or wife for the
support of a spouse by whom the husband or wife has been abandoned. The State

 

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Session Laws, 1973
Volume 709, Page 1770   View pdf image
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