1090                                        LAWS OF MARYLAND                     [Ch. 156

maintenance and support, and whenever deemed necessary,
may agree to accept a periodic sum for the patient's
maintenance less than the [per capita cost] CHARGE
ESTABLISHED FOR THE CARE OF THE PATIENT. Upon failure of
a patient or other legally responsible person to make
payment or enter into an agreement to make payment, the
investigation unit shall refer the case to the central
collection unit created within the Department of Budget
and Fiscal Planning.

SECTION 2. AND BE IT FURTHER ENACTED, That Sections
40(a) and 41(c) of Article 59 - Mental Hygiene, of the
Annotated Code of Maryland (1972 Replacement Volume and
1974 Supplement) be and they are hereby repealed and
re—enacted, with amendments, to read as follows:

Article 59 — Mental Hygiene

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. ]

THE DEPARTMENT SHALL, FROM A SCHEDULE OF CHARGES
ADOPTED AT LEAST ANNUALLY BY THE SECRETARY OF HEALTH AND
MENTAL HYGIENE, THE STATE COMPTROLLER AND THE SECRETARY
OF THE STATE DEPARTMENT OF BUDGET AND FISCAL PLANNING,
DETERMINE AN AMOUNT TO BE CHARGED ALL PATIENTS ADMITTED
TO EACH PUBLIC FACILITY UNDER THE GENERAL JURISDICTION OF
THE COMMISSIONER, FOR SERVICES RENDERED TO THE PATIENT.

41.

(c) The Department may, when appropriate, set the
rate of payments retroactively, for a period of not more
than [six] 12 months. The retroactivity may be set for
a greater period if the patient, his responsible
relatives, personal representative or other person having
financial information relative to the patient has failed
or refused to disclose such information to the
Department.

SECTION 3. AND BE IT FURTHER ENACTED, That Sections
26(b) and (c) of Article 59A - Mental Retardation, of the