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Session Laws, 1963
Volume 671, Page 174   View pdf image (33K)
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174                               LAWS OF MARYLAND                          [CH. 92

viding for a determination of what shall constitute abandonment in
any of these exceptions to the liability for support. This determina-
tion as to what constitutes abandonment is subject to judicial review
under the provisions of the Administrative Procedures Act in Article
41 of this Code. The provisions of Section 97 of Article 27 of this
Code have no effect on any determination of liability under this
Section.

(d-1) In making investigations concerning collections under this
section and subtitle, the collection unit shall require reports or state-
ments to be made to it by such relatives or other persons, upon sum-
mons as prepared from time to time by the collection unit. Upon the
refusal, wilful neglect or failure of any such relative or other person
to file the required report or statement, the collection unit is author-
ized to apply to the circuit court of the county in which the relative
or person is a resident, or to the Superior Court of Baltimore City, if
the relative or person is a resident of the City, for an Order of Court
requiring the relative or person to file the report or statement as
specified by the collection unit. A refusal, wilful neglect or failure
of the relative or person to observe the Order of the Court is punish-
able as contempt of court.

601.

(e) Upon the death of any person admitted to any chronic hos-
pital, the 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 relative liable for such patient's care
in any such hospital has misrepresented assets or submitted fraudu-
lent information, and by so doing has avoided such claim or part of
such a claim for the patient's care, there shall be a period of limita-
tions 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 relatives and any other persons
legally chargeable with the care of such person, shall also constitute
preferred claims. All such claims may be waived, however, by the
collection unit in its discretion, if in 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 mainte-
nance 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] and the credit
allowed to the county for each patient shall be computed according
to the formula in subsection (e-1).

(e-1) From the money received in any year from or on behalf of a
patient the collection unit first shall credit the account of the county
for the total of its payment for that patient for that current year; and
next (to the extent that sufficient funds remain) there shall be allo-
cated to the credit of the General Funds of the State an amount which,


 

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Session Laws, 1963
Volume 671, Page 174   View pdf image (33K)
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