Marvin Mandel, Governor                           949

42. Investigation of Patient and Others.

(a)   The Department shall investigate the financial condition of
all patients, their responsible relatives, and other persons legally
chargeable for any obligation of the patient in order to determine
the ability of the patient or his responsible relatives to pay for
the cost of care of the patient.

(b)  In making such investigation, the Department may require
reports to be made to it by the patient or other persons, whether
or not related to the patient, upon such forms as may be prepared
by the Department.

(c)   Upon the refusal or failure of any person to file the required
report, the Department may apply to the Circuit Court of the
county in which the person is a resident, or doing business, for an
order to compel the filing of the report. Failure to obey the order
shall be punishable as contempt of court.

43. Substitution of Federal Requirements.

Nothing contained in this subtitle shall be construed to prevent
the Department from accepting, in lieu of the requirements of this
subtitle, the requirements regarding the investigation of financial
condition, standards of eligibility, and legal responsibility of pa-
tients, their responsible relatives, their estates, or their legal repre-
sentatives, as provided in the Maryland Medical Assistance Plan, the
applicable federal laws and regulations under Title XIX of the
Social Security Amendment of 1965, or other amendments thereto,
as may be enacted from time to time.

44. Enforcement of Payment Orders.

(a)  All payments made under the provisions of this subtitle,
shall be made to and collected by the Department, and shall be ac-
counted for and paid into the general funds of the State Treasury
by the Department, according to the procedure in effect for such
accounting.

(b)   The Department is authorized to institute whatever pro-
ceedings it finds necessary to require payment of the charges estab-
lished and uncollected.

(c)   Upon the death of any patient, the Department may make
claim against the estate of the patient for any unpaid charges there-
tofore established for that patient. No claim under this section shall
be made for cost of care of a patient prior to three years before
the death of that patient. However, if any relative, or legal repre-
sentative liable for the patient's cost of care, has misrepresented
assets or submitted fraudulent information, there shall be no limita-
tion on the time in which the claim can be brought against the
estate. The claim shall constitute a preferred claim against the
estate of any such person. The claim may be waived by the Depart-
ment, if, in its judgment, enforcement of such claims will result
in substantial hardship to dependents of those against whom such
claims exist.

45. Payments by the Subdivisions.

(a) Each county shall pay the sum of $125.00 annually for the
care of each patient in any public facility, who, immediately prior
to his admission, was a resident of that county. The remainder of