2248

LAWS OF MARYLAND

[Ch. 377

follows:

Article 43 - Health
601.

(A)    THE SECRETARY OF HEALTH AND MENTAL HYGIENE
SHALL BY RULE AND REGULATION SET CHARGES FOR SERVICES
RENDERED BY THE DEPARTMENT IN STATE OPERATED CLINICS,
OUTPATIENT SERVICES, DAY CARE, DAY TREATMENT AND DAY
HOSPITAL SERVICES, GROUP HOMES AND SMALL RESIDENTIAL
HOMES, INPATIENT CARE IN REGIONAL AND STATE HOSPITALS AND
CENTERS AND OTHER INPATIENT AND OUTPATIENT SERVICES, FOR
THE PHYSICALLY AND MENTALLY ILL, AGED, MENTALLY RETARDED,
AND DEVELOPMENT ALLY DISABLED. BE SHALL REQUIRE POLITICAL
SUBDIVISIONS AND GRANTEES TO SET CHARGES, SUBJECT TO HIS
APPROVAL AND MODIFICATIONS, FOR SERVICES PROVIDED BY THEM
WHICH ARE FUNDED IN WHOLE OR IN PART WITH STATE AND
FEDERAL FUNDS ADMINISTERED BY THE DEPARTMENT OF HEALTH
AND MENTAL HYGIENE. CHARGES FOR SERVICES MUST BE SET AT
LEAST ANNUALLY AND ARE SUBJECT TO THE APPROVAL OF THE
SECRETARY OF THE DEPARTMENT OF BUDGET AND FISCAL
PLANNING. IF THE SECRETARY OF HEALTH AND MENTAL HYGIENE
DEEMS IT TO BE IN THE BEST INTEREST OF THE PUBLIC HEALTH,
HE MAY DESIGNATE SPECIFIC SERVICES FOR WHICH NO CHARGE
SHALL BE SET.

(B)     (1) THE DEPARTMENT OF HEALTH AND MENTAL
HYGIENE SHALL INVESTIGATE THE FINANCIAL CONDITION OF ALL
PATIENTS, THEIR RESPONSIBLE RELATIVES, AND OTHER PERSONS
LEGALLY CHARGEABLE FOR ANY OBLIGATION OF THE PATIENT IN
ORDER TO DETERMINE THE ABILITY OF THE PATIENT OR HIS
RESPONSIBLE RELATIVES TO PAY FOR THE COST OF CARE OF THE
PATIENT. "RESPONSIBLE RELATIVE" MEANS, FOR THE PURPOSE
OF REIMBURSEMENT FOR COST OF CARE AND TREATMENT, THE
SPOUSE OF A PATIENT, PARENT OR PARENTS OF A CHILD OR
CHILDREN UNDER THE AGE OF 18, OR A CHILD OR CHILDREN OF
PATIENTS RECEIVING CARE AND TREATMENT IN FACILITIES OR
PROGRAMS OPERATED OR FUNDED IN WHOLE OR IN PART BY THE
DEPARTMENT. NO LIABILITY SHALL BE IMPOSED BY THIS
DEFINITION ON THE SPOUSE OR CHILD OF ANY PATIENT WHO HAS
BEEN ABANDONED BY THE PATIENT. THE DEPARTMENT OF HEALTH
AND MENTAL HYGIENE SHALL PROMULGATE RULES AND REGULATIONS
PURSUANT TO THE ADMINISTRATIVE PROCEDURE ACT, PROVIDING
FOR A DETERMINATION OF WHAT SHALL CONSTITUTE ABANDONMENT.

(2)    IN MAKING THESE INVESTIGATIONS, THE
DEPARTMENT MAY REQUIRE REPORTS TO BE MADE TO IT BY THE
PATIENT OR OTHER PERSONS, WHETHER OR NOT RELATED TO THE
PATIENT, UPON FORMS PREPARED BY THE DEPARTMENT; PUBLIC
ASSISTANCE PAYMENTS SHALL BE TAKEN INTO CONSIDERATION AS
FINANCIAL RESOURCES.

(3)    UPON THE REFUSAL OR FAILURE OF ANY