1884

LAWS OF MARYLAND

Ch. 604

Abandoned Property Section; establishing procedures
relating to the escrow accounts; providing penalties
for violation of this section; and generally relating
to the handling of patient money and valuables by the
facility.

BY adding to

Article 43 - Health

Section 565E

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be repealed, amended, or enacted to read as follows: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

565E.

(A) (1) IN THIS SUBTITLE, THE FOLLOWING WORDS HAVE
THE MEANING INDICATED.

(2)    "FACILITY" MEANS ANY SPECIAL HOSPITAL OR
RELATED INSTITUTION AS DEFINED IN ARTICLE 43, §556(D)(1).

(3)    "DEPARTMENT" MEANS THE STATE DEPARTMENT OF
HEALTH AND MENTAL HYGIENE.

(4)    "PERSONAL REPRESENTATIVE" MEANS AN EXECUTOR
OR ADMINISTRATOR OF AN ESTATE WHOSE CONDITIONS OF
APPOINTMENT AND DUTIES ARE SET OUT IN TITLES 6 AND 7 OF THE
ESTATES AND TRUSTS ARTICLE.

(5)    "BANK "BANK" MEANS A BANKING INSTITUTION
WHICH IS LICENSED TO DO BUSINESS IN THE STATE AND WHICH IS
COVERED BY THE FEDERAL DEPOSIT INSURANCE CORPORATION (FDIC),
FEDERAL SAVINGS AND LOAN INSURANCE CORPORATION (FSLIC) OR
MARYLAND SAVINGS SHARE INSURANCE CORPORATION.

(6)    "ACCOUNT" MEANS A SAVINGS ACCOUNT IN A
BANK, A BANK ACCOUNT DESIGNATED "GENERAL FUND OF THE
PARTICIPATING RESIDENTS OF THE (NAME OF THE FACILITY)", OR
AN ACCOUNT WITH THE STATE OR COUNTY TREASURER.

(7)    "ABUSE OF PATIENTS' FUNDS" MEANS:

(I)    EXPENDITURE OF FUNDS CONTRARY TO THE
EXPRESS WISHES OF THE PATIENT EXCEPT TO THE EXTENT OF
REASONABLE EXPENDITURES NECESSARY FOR THE DIRECT AND
IMMEDIATE BENEFIT AND WELFARE OF THE PATIENT.

(II)   EXPENDITURE OF FUNDS FOR THE USE AND

BENEFIT OF THE PERSON MANAGING THE FUNDS OR FOR ANY OTHER
PERSON THAN THE PATIENT EXCEPT FOR SUCH REASONABLE
EXPENDITURES AS ARE ALSO FOR THE DIRECT AND IMMEDIATE