BLAIR LEE III, Acting Governor

139 7

FOR the purpose of specifying that the spouse of a medical
assistance recipient is responsible for repayment of
the medical assistance program expenditures to a
certain extent; requiring the Secretary of Health and
Mental Hygiene to set criteria for repayment based on
ability to pay; and providing for collection of the
payments.

BY adding to

Article 43 - Health

Section 42J

Annotated Code of Maryland

{1971 Replacement Volume and 1977 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That section(s) of the Annotated Code of Maryland
be repealed, amended, or enacted to read as follows:

Article 43 - Health

42J.

(A)          THE SPOUSE OF A MEDICAL ASSISTANCE RECIPIENT IS
RESPONSIBLE FOR PAYMENTS FOR THE HEALTH CASE NEEDS OF THE
RECIPIENT TO THE EXTENT THAT THE SPOUSE IS ABLE TO PAY ANY
OF THE COST OF CARE. THE TOTAL LIABILITY SHALL BE LIMITED
TO THE AMOUNT THAT THE MEDICAL ASSISTANCE PROGRAM EXPENDS
FOR THE CARE.

(B)         THE SECRETARY OF HEALTH AND MENTAL HYGIENE SHALL
DETERMINE, BY REGULATION, CRITERIA FOR PAYMENT BY THE SPOUSE
BASED ON THE ABILITY OF THE SPOUSE TO PAY ALL OR PART OF THE

CARE. IN DETERMINING ABILITY TO PAY, THE SECRETARY SHALL

REASONABLY EVALUATE AVAILABLE INCOME, ORDINARY LIVING

EXPENSES, SPECIAL EXPENSES AND ASSETS, OTHER THAN THE

HOMESTEAD OF THE SPOUSE, AND ITS APPURTENANCES.

(C)           (1)         THE SECRETARY MAY COLLECT THE SUPPORT MONEY
OWNED OWED.

(2)         NOTWITHSTANDING ANY OTHER PROVISION OF THIS

SECTION, THE CENTRAL COLLECTION UNIT WITHIN THE DEPARTMENT
OF BUDGET AND FISCAL PLANNING SHALL HANDLE COLLECTION OF
DELINQUENT ACCOUNTS AND DEBTS.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act
shall take effect July 1, 1978.

Approved May 2, 1978.

CHAPTER 323