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Session Laws, 1972
Volume 708, Page 976   View pdf image
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976                                 Laws of Maryland                        [Ch. 345

30.    Responsibility for cost of care.

The total cost of care of mentally retarded persons in any public
facility shall be the responsibility of the State. This responsibility
does not relieve the mentally retarded person, his responsible rela-
tives or others responsible for his care of their obligation to repay
such cost of care.

31.    Court Ordered Examinations.

When any person is examined by a representative of the Admin-
istration pursuant to any order of court, a reasonable fee shall be
charged for the examination. The fees shall be added to the costs of
the case, and shall be paid by the county. If, however, the examina-
tion is requested by the person being examined, or his representative,
he shall be responsible for payment of the appropriate fee, and
the Administration may request, and the court may require, such
person to post a bond for payment of the examining fee.

32.    Disposition of Mentally Retarded Person's Property.

(a)    Any assets of a mentally retarded person, except funds de-
rived from benefits payable under laws administered by the Veterans'
Administration, remaining in the possession of a public facility for
one year following the death or release of a mentally retarded person
shall become the property of the State. Before delivery of such assets
to the State, however, the Department shall first investigate to lo-
cate the patient or to determine if any other person is legally entitled
to such assets. If no such person is found, the mentally retarded per-
son's account at the facility shall be paid, insofar as possible, from
such assets, and the balance, if any, shall be credited to the general
funds of the State.

(b)    No action may be brought after the expiration of three years
from the date of death or release of a mentally retarded person to
recover any assets of such person, remaining at the facility, or in
the custody of the facility. This subsection shall not be construed
to waive any defense available, including the defense of governmental
immunity, to any facility or other State agency, whether the action
is brought within three years of the death or release of the mentally
retarded person or not.

33.    Disclosure of Financial Responsibility.

Upon admission of a mentally retarded person to a public facility,
the proponent or proponents of said admission shall be provided
with the provisions of this subtitle in writing in clear and simple
terms.

Mentally Retarded Persons' Rights
34. Written and Telephonic Communications and Visits.

(a) Every mentally retarded person in any facility licensed by
or under the jurisdiction of the Administration shall at all reasonable
times:

(1) have available to him writing instruments, stationery and
postage, and may use such material to correspond with anyone, sub-


 

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Session Laws, 1972
Volume 708, Page 976   View pdf image
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