Marvin Mandel, Governor                         975

ing financial information relative to the mentally retarded person
has failed or refused to disclose such information to the Department.

27.    Investigation of Mentally Retarded Person and Others.

(a)    The Department shall investigate the financial condition of
all mentally retarded persons, their responsible relatives, and other
persons legally chargeable for any obligation of the mentally re-
tarded person in order to determine the ability of such person or his
responsible relatives to pay for the cost of care of such person.

(b)    In making such investigation,, the Department may require
reports to be made to it by the mentally retarded person or other
persons likely to have knowledge of the financial condition of the
persons listed in subsection (a) above, whether or not related to the
mentally retarded person, 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.

28.    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
conditions, standards of eligibility, and legal responsibility of men-
tally retarded persons, their responsible relatives, their estates, or
their legal representatives, 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.

29.    Enforcement of Payment.

(a)    All payments made under the provisions of this subtitle shall
be made to and collected by the Department and shall be accounted
for and paid into the general funds of the State Treasury by the De-
partment 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 es-
tablished and uncollected.

(c)    Upon the death of any mentally retarded person, the De-
partment may make claim against the estate of the mentally re-
tarded person for any unpaid charges theretofore incurred by that
person. No claim under this section shall be made for cost of care of a
mentally retarded person incurred prior to three years before the
death of that person. However, if any relative, or legal representative
liable for the mentally retarded person's cost of care, has mis-
represented assets or submitted fraudulent information, there shall
be no limitation on the period of 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 Department if, in its judgment, enforcement of
such claims will result in substantial hardship to beneficiaries of
those estates against which such claims exist.