978                              Laws of Maryland                      [Ch. 346

Sec. 3 4. And be it further enacted, That all laws or parts of laws,
public general or public local, inconsistent with the provisions of this
Act are repealed to the extent of the inconsistency.

Sec. 4 5. And be it further enacted, That if any provision of this Act
or the application thereof to any person or circumstances is held
invalid for any reason, the invalidity shall not affect the other pro-
visions or any other application of this Act which can be given effect
without the invalid provisions or application, and to this end all the
provisions of this Act are declared to be severable.

Sec. 5 6. And be it further enacted, That this Act shall take effect
July 1,1972.

Approved May 26, 1972.

CHAPTER 346
(Senate Bill 291)

AN ACT to repeal and re-enact, with amendments, Section 40 (b)
of Article 59 of the Annotated Code of Maryland (1971 Supple-
ment), (1972 REPLACEMENT VOLUME), title "Mental Hy-
giene," subtitle "Financing of Mental Health Services," to change
the rate of payment by responsible relatives for the care of patients
in mental facilities, hospitalized in mental facilities for a period in

excess of 30 months within a five year period, and clarifying the

language therein, METHOD OF DETERMINING THE AMOUNT
OF MONTHLY PAYMENTS FOR THE COST OF CARE OF
PERSONS HOSPITALIZED IN STATE MENTAL HEALTH
FACILITIES OR IN STATE PURCHASED CARE FACILITIES,
AND TO CHANGE THE RATE OF PAYMENT FOR LONG
TERM CARE AND THE PERIODS OF HOSPITALIZATION
TO WHICH THE LONG TERM RATE IS APPLICABLE.

Section 1. Be it enacted by the General Assembly of Maryland,
That Section 40 (b) of Article 59 of the Annotated Code of Maryland
(1971 Supplement), (1972 REPLACEMENT VOLUME), title "Men-
tal Hygiene," subtitle "Financing of Mental Health Services," be and
it is hereby repealed and re-enacted, with amendments, to read as
follows:

40.

(A) THE DEPARTMENT SHALL FIX A RATE TO BE
CHARGED TO ALL PATIENTS ADMITTED TO PUBLIC FACIL-
ITIES, NOT TO EXCEED [THE ACTUAL COST OF CARE, PER
CAPITA, OF SUCH PERSONS.] THE AVERAGE COST OF
MAINTAINING A PATIENT IN THE PUBLIC FACILITIES
UNDER THE GENERAL JURISDICTION OF THE COMMIS-
SIONER. THE [COST PER CAPITA] AVERAGE COST OF
MAINTAINING A PATIENT SHALL BE DETERMINED AN-
NUALLY PRIOR TO THE BEGINNING OF THE FISCAL YEAR,