1362                                      LAWS OF MARYLAND                                Ch. 655

this section relating to maintenance obligations.]] and to repeal Section 42A of
said Article and subtitle of the Code (1972 Supplement); and to repeal Section 25
of Article 59A of the said Code (1972 Supplement), title "Mental Retardation,"
subtitle "Financing of Services for the Mentally Retarded." and to enact new
Section 25 in lieu thereof, to stand in the place of the section so repealed, to clarify
the laws relating to payments made by persons responsible for the cost of care of
mentally ill and mentally retarded persons in public facilities, and to make the
schedule of payments for mentally retarded persons applicable both to care in
State facilities and to purchased care in private or other facilities.

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That Section [[42A(a)]] 40 Article 59 of the Annotated Code of
Maryland (1972 Supplement), title "Mental Hygiene," subtitle "Financing of
Mental Health Services," be and it is hereby repealed and re-enacted, with
amendments, and that Section 42A of said Article and subtitle of the Code (1972
Supplement) be and it is hereby repealed, all to read as follows:

40.

(a). The Department shall fix a rate to be charged to all patients admitted to
public facilities. UNDER THE PROVISIONS OF THIS ARTICLE, not to
exceed the average cost of maintaining a patient in the public facilities under the
general jurisdiction of the Commissioner. The average cost of maintaining a
patient shall be determined annually prior to the beginning of the fiscal year, by
the Commissioner of Mental Hygiene, the State Comptroller, and the Secretary of
the State Department of Budget and Fiscal Planning.

(b) In the case of patients continuously hospitalized as inpatients in any one or
more public facilities UNDER THE PROVISIONS OF THIS ARTICLE for a
period in excess of 30 months, the rate charged responsible relatives of the patient.
if payment has been made for the first 30 months' hospitalization, shall thereafter
not exceed the greater of:

(1)  The sum of any proceeds of applicable insurance, group health plan, or
prepaid medical care paid by the insurer or plan by reason of liability for the
payment of or repayment for the cost of medical treatment rendered the patient, or

(2)  15% of the rate established in accordance with the provisions of this section.
Continuous hospitalization shall mean and include all hospitalization where
successive periods of inpatient care are not separated by absences in excess of one
year.

[[42 A.

(a) Notwithstanding any other provision of law, any person who is financially
responsible for the maintenance of a mentally retarded [patient] patient
[[PERSON]] in a State institution [[OR OTHER FACILITY FROM WHICH
THE STATE PROCURES RESIDENTIAL CARE]] shall be charged in
accordance with either of the following schedules, at the option of the legally liable
person.