2242

LAWS OF MARYLAND

[Ch. 377

[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 sua 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.

41.

(a)    Payments shall be made by the patient or his
responsible relative as that term is defined in this
article. Liability for such payment shall be joint and
several.

(b)    The Department shall specify the time and
amount of payments. It may, from time to time, modify
its orders as to payments, as circumstances may warrant.
In setting the amounts of payments, the Department shall
consider the financial means or abilities of the patient
and responsible relatives, and may agree to accept less
than the per capita cost of care.

(c)    The Department may, when appropriate, set the
rate of payments retroactively, for a period of not more
than six months. The retroactivity may be set for a
greater period if the patient, his responsible relatives,
personal representative or other person having financial