MARVIN MANDEL, Governor

2245

(b)    In making such investigation, the Department
may require reports to be made to it by the mentally
retarded person or other persons likely to have knowledge
of the financial condition of the persons listed in
subsection (a) above, whether or not related to the
mentally retarded person, upon such forms as may be
prepared by the Department.

(c)    Upon the refusal or failure of any person to
file the required report, the Department may apply to the
circuit court of the county in which the person is a
resident, or doing business, for an order to compel the
filing of the report. Failure to obey the order shall be
punishable as contempt of court.

28.

Nothing contained in this subtitle shall be
construed to prevent the Department from accepting, in
lieu of the requirements of this subtitle, the
requirements regarding the investigation of financial
conditions, standards of eligibility, and legal
responsibility of mentally retarded persons, their
responsible relatives, their estates, or their legal
representatives, as provided in the Maryland Medical
Assistance Plan, the applicable 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.

29.

(a)    All payments made under the provisions of this
subtitle shall be made to and collected by the Department
and shall be accounted for and paid into the general
funds of the State treasury by the Department according
to the procedure in effect for such accounting.

(b)    The Department is authorized to institute
whatever proceedings it finds necessary to require
payment of the charges established and uncollected.

(c)    Upon the death of any mentally retarded
person, the Department may make claim against the estate
of the mentally retarded person for any unpaid charges
theretofore incurred by that person. No claim under this
section shall be made for cost of care of a mentally
retarded person incurred prior to three years before the
death of that person. However, if any relative, or legal
representative liable for the mentally retarded person's
cost of care, has misrepresented assets or submitted
fraudulent information, there shall be no limitation on
the period of time in which the claim can be brought
against the estate. The claim shall constitute a