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Session Laws, 1973
Volume 709, Page 1771   View pdf image
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Ch. 864                            MARVIN MANDEL, Governor                                 1771

Board of Health and Mental Hygiene shall promulgate rules and regulations
pursuant to the Administrative Procedure Act in Article 41 of this Code, providing
for a determination of what shall constitute abandonment in any of these
exceptions to the liability for support. This determination as to what constitutes
abandonment is subject to judicial review under the provisions of the
Administrative Procedure Act in Article 41 of this Code. The provisions of § 97 of
Article 27 of this Code have no effect on any determination of liability under this

(e)  Upon the death of any person admitted to any chronic [hospital] DISEASE
CENTER, the collection unit shall be entitled to make claim against the estate of
any such person for his or her care while in such [hospital] CENTER, or for the
balance due therefor if part has been paid. A claim under this subsection shall not
include any charge for such care for a period longer than three years immediately
preceding the death of such patient; except that if any relative liable for such
patient's care in any such [hospital] CENTER has misrepresented assets or
submitted fraudulent information, and by so doing has avoided such claim or part
of such a claim for the patient's care, there shall be a period of limitations of six
years on the claim against the estate. Such claim shall be a preferred claim against
the estate of any such person, and all claims arising hereunder against the relatives
and any other persons legally chargeable with the care of such person, shall also
constitute preferred claims. All such claims may be waived, however, by the
collection unit in its discretion, if in its judgment the enforcement of the same will
result in hardship to others, dependent upon those against whom such claims exist.
All payments received as a result of the enforcement of such claims shall be
accounted for and paid as hereinbefore provided.

(f)  The collection unit is authorized and empowered to adopt and promulgate
reasonable rules and regulations covering the details of enforcing the power and
procedures provided for in this section. It is intended that such rules and
regulations be applied uniformly to patients in mental [hospitals] CENTERS and
to patients in chronic disease hospitals so far as it is practical; however, such rules
and regulations as they apply to the admission and discharge of patients in chronic
disease [hospitals] CENTERS are subject to the concurrence of the State Board
of Health.


(a) Each of the [chronic hospitals] CHRONIC DISEASE CENTERS shall
have a citizens advisory board consisting of seven (7) members appointed by the
Governor from among names submitted by the Secretary of Health and Mental
Hygiene, one of whom shall be appointed temporary chairman.

(f) Each citizens advisory board shall serve in an advisory capacity with the
following duties and responsibilities;

(1)  Advise the superintendent in the determination of the goals of the [hospital]
CENTER and assist in the evaluation of the achievement of such goals.

(2)   Advise the superintendent with respect to [hospital] CENTER facilities,
programs and policies.

(3)   Review all budget requests and make recommendations concerning the
annual budget.

(4)  Assume leadership in developing community understanding of the needs of
the chronically ill.


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Session Laws, 1973
Volume 709, Page 1771   View pdf image
 Jump to  

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