2250                                             LAWS OF MARYLAND                       [Ch. 377

(4) THE DEPARTMENT MAY, WHEN APPROPRIATE,
SET THE AMOUNT 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, OR ANY OTHER PERSON HAVING FINANCIAL
INFORMATION RELATIVE TO THE PATIENT HAS FAILED OR REFUSED
TO DISCLOSE SUCH INFORMATION TO THE DEPARTMENT, OR IF ANY
CHARGES ASSESSED THIRD PARTY INSURERS HAVE BEEN DENIED IN
WHOLE OR IN PART.

(D)    (1) ALL PAYMENTS MADE UNDER THE PROVISIONS
OF THIS SUBTITLE FOR SERVICES RENDERED THROUGH FACILITIES
AND PROGRAMS OF THE DEPARTMENT, SHALL BE MADE TO AND
COLLECTED BY THE DEPARTMENT, AND SHALL BE ACCOUNTED FOR
AND DEPOSITED INTO THE GENERAL FUNDS OF THE STATE
TREASURY BY THE DEPARTMENT. WHEN THE SECRETARY HAS
DELEGATED TO A POLITICAL SUBDIVISION OR GRANTEE THE
COLLECTION OF AND ACCOUNTING FOR PAYMENTS FOR SERVICES,
THE COLLECTIONS ARE TO BE HANDLED ACCORDING TO RULES AND
REGULATIONS ADOPTED BY THE DEPARTMENT.

(2)    THE DEPARTMENT MAY INSTITUTE WHATEVER
PROCEEDINGS IT FINDS NECESSARY TO REQUIRE COLLECTION OF
THE AMOUNT OF PAYMENTS ESTABLISHED AND UNCOLLECTED.

(3)    UPON THE DEATH OF ANY PATIENT, THE
DEPARTMENT MAY MAKE CLAIM AGAINST THE ESTATE OF THE
PATIENT FOR ANY UNPAID CHARGES ESTABLISHED FOR THAT
PATIENT. A CLAIM UNDER THIS SECTION MAY NOT INCLUDE ANY
CHARGE FOR COST OF CARE OF A PATIENT LONGER THAN THREE
YEARS BEFORE THE DEATH OF THE PATIENT. THE CLAIM SHALL
CONSTITUTE A PREFERRED CLAIM AGAINST THE ESTATE OF THE
PATIENT. THE CLAIM MAY BE WAIVED BY THE DEPARTMENT, IF
IN ITS JUDGMENT, ENFORCEMENT OF THE CLAIM WILL RESULT IN
SUBSTANTIAL HARDSHIP TO DEPENDENTS OF THOSE AGAINST WHOM
THE CLAIM EXISTS. IF ANY RESPONSIBLE RELATIVE, LIABLE
FOR THE PATIENTS COST OF CARE, HAS MISREPRESENTED ASSETS
OR SUBMITTED FRAUDULENT INFORMATION, AND BY DOING SO HAS
AVOIDED THE CLAIM FOR THE PATIENT'S CARE OR PART THEREOF,
THERE SHALL BE NO LIMITATION ON THE TIME IN WHICH THE
CLAIM CAN BE BROUGHT AGAINST THE ESTATE.

(E)    THE DEPARTMENT OF HEALTH AND MENTAL HYGIENE
MAY ADOPT AND PROMULGATE REASONABLE RULES AND REGULATIONS
COVERING THE DETAILS OF ENFORCING THIS SECTION. THESE
RULES AND REGULATIONS SHALL BE APPLIED UNIFORMLY TO ALL
PERSONS RECEIVING CARE UNDER THE PROGRAMS OPERATED BY THE
DEPARTMENT OR SUPPORTED IN WHOLE OR IN PART BY STATE AND
FEDERAL FUNDS ADMINISTERED BY THE DEPARTMENT, SO FAR AS
IT IS PRACTICAL.

(F)    NOTHING CONTAINED HEREIN HOWEVER SHALL PREVENT
THE DEPARTMENT OF HEALTH AND MENTAL HYGIENE FROM
ACCEPTING IN LIEU OF THE REQUIREMENTS OF THIS SECTION