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Session Laws, 1961
Volume 654, Page 284   View pdf image (33K)
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284                               Laws of Maryland                       [Ch. 234

lection 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 agree-
ment 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)] (d) How payments made and collected; distribution. All pay-
ments required to be made under the provisions of this section shall be
made to and collected by the [county treasurer or treasurer of Balti-
more, as the case may be, who] collection unit, and shall [account for
same. Any amounts so collected shall first be applied against the
seventy-five cents (75¢) per day which the county or Baltimore City
are required to pay. Any amount collected over and above seventy-five
cents (75¢) per day from or on account of any patient shall be paid
by the county or Baltimore City to the State Treasurer] be accounted
for and paid by the collection unit into the general funds of the State
Treasury, according to the procedure in effect for such accounting.

[(d)] (e) Claims against estate of deceased patient. Upon the
death of any person admitted to any chronic hospital, the [county
commissioners or the department of welfare of Baltimore City, as
the case may be,] collection unit shall be entitled to make claim
against the estate of any such person for his or her care while in
such hospital, or for the balance due therefor if part has been paid.
A CLAIM UNDER THIS SUBSECTION SHALL NOT INCLUDE
ANY CHARGE FOR SUCH CARE FOR A PERIOD LONGER
THAN THREE YEARS IMMEDIATELY PRECEDING THE
DEATH OF SUCH PATIENT; EXCEPT THAT IF ANY RELA-
TIVE LIABLE FOR SUCH PATIENT'S CARE IN ANY SUCH
HOSPITAL HAS MISREPRESENTED ASSETS OR SUBMITTED
FRAUDULENT INFORMATION, AND BY SO DOING HAS
AVOIDED SUCH A CLAIM OR PART OF SUCH A CLAIM FOR
THE PATIENT'S CARE, THERE SHALL BE A PERIOD OF
LIMITATIONS OF SIX YEARS ON THE CLAIM AGAINST THE
ESTATE. Such claim shall be a preferred claim against the estate
of any such person, and all claims arising hereunder against the rela-
tives and other persons legally chargeable with the care of such
person, shall also constitute preferred claims. All such claims may be
waived, however, by the [county welfare boards or department of
welfare of Baltimore City, as the case may be,] collection unit in
[their] its discretion, if in [their] its judgment the enforcement of
the same will result in hardship to others, dependent upon those
against whom such claims exist. All payments received as a result of
the enforcement of such claims shall be accounted for and paid as
hereinbefore provided. The collection unit shall credit the account of
each county, for any patient, with any amounts actually collected and
received by the unit from or for that patient, whether received from
himself, his relatives, others legally chargeable with his maintenance
and support or others; the credit allowed to the county in any one year,
for any one patient, is not to exceed the amount paid by the county
for that patient's maintenance and support. It shall be the duty
of the collection unit to furnish to the county commissioners or


 

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Session Laws, 1961
Volume 654, Page 284   View pdf image (33K)
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