176 LAWS OF MARYLAND [CH. 92
case may be, shall as herein specified pay to the Department of Mental
Hygiene at the rate of one hundred and twenty-five dollars ($125.00)
annually for the board, care and treatment of such patient, and the
remaining amount required for the board, care and treatment of
such insane shall be paid from the treasury of the State. The expense
for the care, board and treatment of all patients in the State insti-
tution under the jurisdiction of the Department of Mental Hygiene
shall be a charge upon each county sending such patient or patients
to such institutions, as hereinafter provided. The Department of
Mental Hygiene shall credit the account of each county, for any
patient, with any amounts actually collected and received by the
Department from or for that patient, whether received from him-
self, 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, 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 (c) (B).
(c) (B)From the money received in any year from or on behalf of a
patient, the Department 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
allocated to the credit of general funds of the State an amount which,
together with the payment to the county for that current year, equals
the total amount of payment set for the board, care and treatment
of the particular patient for that current year. When the foregoing
allocations are made, and to the extent that additional funds remain,
the Department next shall credit the account of the county for the
total of its payment for that patient for the next preceding year, and
(b) The Department is authorised to set the rate of payments retro-
actively to become effective as of the date of admission to the hospital
as of the date of the beginning the investigation of the financial
condition of the patient and of other persons legally chargeable for
his maintenance and support, whichever is the earlier 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,
guardian or committee or other persons legally chargeable with his
maintenance and support, to file the financial reports of statements
required by the collection unit. The Department has the power to
require the relatives of any such person or others legally chargeable
with his or her care, and to make appropriate and binding agree-
ments with respect to the making of such payments; and from time
to time as circumstances may justify the Department may modify or
change the terms of this agreement. In arriving at the amount to be
paid, the Department shall have due regard for the financial means
or ability of the patient, for the person or persons legally responsible
for the patient's maintenance and support and whenever deemed
necessary the Department may agree to accept a periodic sum for
the patient's maintenance which is less than the per capita cost.
Upon failure of a patient or other legally responsible person to make
payment or to enter into an agreement to make payment, the Depart-
ment shall notify the Attorney General, and he shall institute pro-
ceedings on behalf of the Department for collection thereof with
authority to make adjustment or settlement of said claims as he feels
to be in the best interests of the State.
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