J. MILLARD TAWES, GOVERNOR 13
or change the terms thereof, as circumstances may justify. In
arriving at the amount to be paid, the Department shall have due
regard for the financial means or abilities of the patient or the
person or persons legally responsible for such patient's mainte-
nance and support and whenever deemed necessary, may agree
to accept a periodic sum for such 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 agree-
ment to make payment, the Department of Mental Hygiene shall
notify the Attorney General and he shall institute proceedings on
behalf of the Department for collection thereof, with authority to
make adjustments or settlements of said claims as he feels to be in
the best interest of the State.
(e) Claims for balance due on death of persons committed.
Upon the death of any person committed to any of the said in-
stitutions as aforesaid, the Department of Mental Hygiene shall be
entitled to make claim against the estate of any such person for his
or her maintenance and support while in such institution, or for the
balance due therefor if part has been paid. A claim under this sub-
section shall not include any maintenance and support for a period
longer than the five THREE years immediately preceding the death of
the person committed; except that if the person committed or any
relative liable for his SUCH COMMITTED PERSON'S maintenance
and support in any such institution has misrepresented assets or
submitted fraudulent information, and by so doing has avoided such
a claim or a part of such a claim, for the person's maintenance and
support, there shall be no period of limitations A PERIOD OF
LIMITATIONS OF SIX YEARS on the claim against the estate.
Such claim shall constitute a preferred claim against the estate of any
such person, and all claims arising hereunder against the relatives
and other persons legally chargeable with the maintenance and sup-
port of such inmates, shall constitute preferred claims against the
estate of the person committed. All such claims may be waived by the
Department of Mental Hygiene, in its discretion, if in its judgment
the enforcement of the same will result in hardship to others, depend-
ent upon those against whom such claims exist. All payment received
as a result of the enforcement of such claims shall be accounted for
and paid as hereinbefore provided.
Sec. 2. And be it further enacted, That this Act shall take effect
June 1, 1961.
Approved February 27, 1961.
CHAPTER 8
(Senate Bill 8)
AN ACT to repeal and re-enact, with amendments, Section 26 (b)
of Article 73B of the Annotated Code of Maryland (1957 Edition),
Explanation: Italics indicate new matter added to existing law.
[Brackets] indicate matter stricken from existing law.
CAPITALS indicate amendments to bill.
Strike out indicates matter stricken out of bill.
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