2244

LAWS OF MARYLAND

[Ch. 377

care of a patient prior to three years before the death
of that patient. However, if any relative, or legal
representative liable for the patient's cost of care, has
misrepresented assets or submitted fraudulent
information, there shall be no limitation on the time in
which the claim can be brought against the estate. The
claim shall constitute a preferred claim against the
estate of any such person. The claim may be waived by
the Department, if, in its judgment, enforcement of such
claims will result in substantial hardship to dependents
of those against whom such claims exist.]

SECTION 3. AND    BE IT FURTHER ENACTED, That Sections

26, 27, 28 and 29 of    Article 59A - Mental Retardation, of

the Annotated Code of Maryland (1972 Replacement Volume

and 1974 Supplement)    be and they are hereby repealed:

Article 59A - Mental Retardation

[26.

(a)    Payments shall be made by the mentally
retarded person or his responsible relative or guardian.
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 mentally
retarded person and responsible relatives or guardian,
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 retarded person, his responsible
relatives, personal representative or other person having
financial information relative to the mentally retarded
person has failed or refused to disclose such information
to the Department.

27.

(a) The Department shall investigate the financial
condition of all mentally retarded persons, their
responsible relatives, and other persons legally
chargeable for any obligation of the mentally retarded
person in order to determine the ability of such person
or his responsible relatives to pay for the cost of care
of such person.