MARVIN MANDEL, Governor

2251

THOSE REQUIREMENTS REGARDING THE INVESTIGATION OF
FINANCIAL CONDITION, STANDARDS OF ELIGIBILITY AND LEGAL
RESPONSIBILITY OF PATIENTS, THEIR RESPONSIBLE RELATIVES,
LEGAL REPRESENTATIVES, AND THE ESTATES OF PATIENTS OR
LEGALLY RESPONSIBLE RELATIVES, AS SET OUT IN THE MARYLAND
MEDICAL ASSISTANCE PLAN OR THE 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.

SECTION 8. AND BE IT FURTHER ENACTED, That new
Section 25A be and it is hereby added to Article 59A -
Rental Retardation, of the Annotated Code of Maryland
(1972 Replacement Volume and 1974 Supplement) to read as
follows:

Article 59A — Mental Retardation
25A.

(A)    IF THERE IS ANY INSURANCE, GROUP HEALTH PLAN,
OR PREPAID MEDICAL CARE COVERAGE FOR PART OR ALL OF THE
COST OF THE CARE AND SERVICES RENDERED, THE DEPARTMENT OF
HEALTH AND MENTAL HYGIENE, NOTWITHSTANDING THE PROVISIONS
OF SECTION 25 OF THIS ARTICLE, SHALL SEEK TO COLLECT THE
PROCEEDS THEREOF TO THE EXTENT REQUIRED TO PAY THE
AMOUNTS ESTABLISHED IN ACCORDANCE WITH THE PROVISIONS OF
SECTION 601 OF ARTICLE 43.

(B)    THE LIABILITY OF ANY PERSON WHO IS FINANCIALLY
RESPONSIBLE FOR THE MAINTENANCE OF A MENTALLY RETARDED
PERSON SHALL BE THE GREATER OF:

(1)    THE SUM 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 FOR THE COST OF CARE RENDERED THE PATIENT; OR

(2)    THE LESSER OF (I) THE AMOUNT CHARGED IN
ACCORDANCE WITH §25(A) OF THIS ARTICLE; OR (II) SUCH
AMOUNT AS THE DEPARTMENT MAY SET, CONSIDERING THE
FINANCIAL MEANS OR ABILITIES OF THE LEGALLY LIABLE
PERSON.

SECTION 9. AND BE IT FURTHER ENACTED, That this Act
shall take effect January 1, 1976.

Approved April 22, 1975.