MARVIN MANDEL, Governor

2241

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 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 central
collection unit upon recommendation of the investigation
unit 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 investigation 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 centers and to patients
in chronic disease centers so far as it is practical;
however, such rules and regulations as they apply to the
admission and discharge of patients in chronic disease
centers are subject to the concurrence of the State Board
of Health.

(g)    Nothing contained herein however shall prevent
the Department of Mental Hygiene from accepting in lieu
of the requirements of this section those requirements
regarding the investigation of financial condition,
standards of eligibility and legal responsibility of
patients, their responsible relatives, legal
representatives, and the estate of patients or legally
responsible relatives, as set out in the medical
assistance plan or the federal laws and regulations under
Title XIX of the Social Security Amendment of 1965, or
other amendments thereto as may be enacted from time to
time.]

SECTION 2. AND BE IT FURTHER ENACTED, That Sections
40, 41, 42, 43 and 44 of Article 59 - Mental Hygiene, of
the Annotated Code of Maryland (1972 Replacement Volume
and 1974 Supplement) be and they are hereby repealed:

Article 59 - Mental Hygiene