Ch. 547

1995 LAWS OF MARYLAND

Section 19-345.1 through 19-345.3

Annotated Code of Maryland

(1990 Replacement Volume and 1994 Supplement)

BY repealing and reenacting, with amendments,
Article 27 - Crimes and Punishments
Section 35D

Annotated Code of Maryland
(1992 Replacement Volume and 1994 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - Health - General

19-344.

(c) (1) In this subsection "agent" means a person who manages, uses, or
controls the funds or assets that legally may be used to pay the applicant's OR
RESIDENT'S share of [the] costs or other charges [not covered by the medical assistance
program] FOR THE FACILITY'S SERVICES.

(2)     Except as provided by the Department, a facility may not charge an
applicant OR RESIDENT who is a medical assistance beneficiary, or the applicant's OR
RESIDENT'S agent, any amount in addition to the amounts determined by the medical
assistance program for services that are covered by medical assistance.

(3)     Unless otherwise agreed, the financial obligation of the applicant's OR
RESIDENT'S agent is limited to the amount of the applicant's OR RESIDENT'S funds that
are considered available to the agent by the medical assistance program.

(4)     (I) A facility may require AN APPLICANT, A RESIDENT, OR the agent
of an applicant OR RESIDENT to agree to distribute any funds, INCLUDING INCOME OR
ASSETS of the applicant OR RESIDENT, WHICH THE MEDICAL ASSISTANCE PROGRAM
HAS DETERMINED TO BE AVAILABLE TO PAY FOR THE COST OF THE APPLICANT'S
OR RESIDENT'S CARE, to the facility, promptly when due, for the cost of the applicant's
OR RESIDENT'S care [:

(i) That is not covered by the medical assistance program; and

(ii) That the applicant or the applicant's agent has agreed to pay].

(II)     FOR THE PURPOSE OF THIS SECTION, FUNDS OF THE
APPLICANT OR RESIDENT INCLUDE FUNDS OF THE APPLICANT OR RESIDENT THAT
ARE UNDER THE USE, OWNERSHIP, MANAGEMENT, OR CONTROL OF THE AGENT.

(III)   A RESIDENT OR AGENT OF THE RESIDENT WHO HAS NOT PAID
A CURRENT OBLIGATION FOR THE RESIDENT'S CARE MAY APPLY TO THE MEDICAL
ASSISTANCE PROGRAM FOR A DETERMINATION OF THE FUNDS AVAILABLE TO PAY
FOR THE COST OF THE RESIDENT'S CARE.

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