948                                 Laws of Maryland                         Ch. 407

(c) In addition to the penalties hereinabove specified, any person
admitted or detained against his will by any facility while its license
is suspended or revoked, or if it is not licensed, may recover civil
damages for such admission or detention from the facility and any
person who knowingly participates in such admission or detention.

87. Open.

38. Open.

Subtitle: Financing of Mental Health Services.
89. General Policy of Financing.

It is the intent of this subtitle to require all patients financially
able to do so to pay for mental health services received by them.
Such obligations extend to not only the patients, but also to those
legally responsible for them. Where such patients or their respon-
sible relatives are unable to pay for their care, it is the intent of
this subtitle that the cost of mental health services be financed in
the manner provided by the Legislature.

40. Determination of Cost of Care.

(a)   The Department shall fix a rate to be charged to all patients
admitted to public facilities, not to exceed the actual cost of care,
per capita, of such persons. The cost per capita shall be determined
annually prior to the beginning of the fiscal year, by the Commis-
sioner of Mental Hygiene, The State Comptroller, and the Director
of the State Department of Budget and Procurement.

(b)  In the case of patients who have been continuously hos-
pitalized as inpatients in any one or more public facilities for a
period in excess of 80 months, the rate to be charged to the respon-
sible relatives of the patient, where payment has been made for
the first 30 months' hospitalization, shall thereafter not exceed 25%
of the per capita cost. Continuous hospitalization shall mean and
include all hospitalization where successive periods of inpatient care
are not separated by absences in excess of sixty days.

41. Time and Amount of Payments.

(a)  Payments shall be made by the patient or his responsible
relative as that term is defined in this Article. Liability for such
payment shall be joint and several.

(b)  The Department shall specify the time and amount of pay-
ments. It may, from time to time, modify its orders as to payments,
as circumstances may warrant. In setting the amounts of payments,
the Department shall consider the financial means or abilities of the
patient and responsible relatives, and may agree to accept less than
the per capita cost of care.

(c)  The Department may, when appropriate, set the rate of pay-
ments retroactively, for a period of not more than six months. The
retroactivity may be set for a greater period if the patient, his
responsible relatives, personal representative or other person having
financial information relative to the patient has failed or refused
to disclose such information to the Department.