1886

LAWS OF MARYLAND

Ch. 604

(II)   THE AGENCY WHICH RECEIVES THE
COMPLAINT SHALL MAKE SUCH INVESTIGATION AS IT DEEMS
APPROPRIATE, AND SHALL GIVE THE ALLEGED ABUSER A
SPECIFICATION OF THE ALLEGED ABUSE AND AN OPPORTUNITY TO
REPLY TO THE CHARGES WHICH HAVE BEEN MADE. UPON A REQUEST
BY THE DIRECTOR ON AGING OR THE LOCAL DEPARTMENT OF SOCIAL
SERVICES, THE LOCAL STATE'S ATTORNEY SHALL ASSIST IN THE
INVESTIGATION.

(III)  IF AT THE COMPLETION OF ITS
INVESTIGATION, THE LOCAL DEPARTMENT OF SOCIAL SERVICES OR
THE DIRECTOR ON AGING FINDS THAT THERE IS PROBABLE CAUSE TO
BELIEVE THAT THERE HAS BEEN AN ABUSE OF FUNDS, HE OR SHE MAY
DO EITHER OR BOTH OF THE FOLLOWING:

(1)    REFER THE MATTER TO THE STATE'S
ATTORNEY FOR APPROPRIATE ACTION; OR

(2)    INSTITUTE A CIVIL SUIT ON
BEHALF OF THE PATIENT FOR RECOVERY OF THE MISUSED FUNDS,
COSTS, AND ATTORNEYS' FEES.

(IV)   ANY PERSON PARTICIPATING IN THE
MAKING OF A GOOD FAITH COMPLAINT PURSUANT TO THIS SECTION OR
PARTICIPATING IN AN INVESTIGATION OR IN A JUDICIAL
PROCEEDING RESULTING THEREFROM SHALL IN SO DOING BE IMMUNE
FROM ANY CIVIL LIABILITY OR CRIMINAL PENALTY THAT MIGHT
OTHERWISE BE INCURRED OR IMPOSED AS A RESULT THEREOF.

(G) PATIENT MONEYS MAY NOT BE USED FOR ANY PURPOSE
NOT AUTHORIZED BY THE PATIENT OR THE PERSON DESIGNATED BY
THE PATIENT TO HANDLE THESE FUNDS, OR THE PATIENT'S
REPRESENTATIVE PAYEE.

(H) (1) IF A PATIENT WISHES TO ENTRUST MONEY TO
FACILITY, BUT THE FACILITY IS UNABLE TO SECURELY MAINTAIN
THE MONEY, THEN THE FACILITY SHALL DEPOSIT THE MONEY IN A
BANK. HOWEVER, A COUNTY OR STATE HEALTH FACILITY MAY
DEPOSIT THE MONEY OF A PATIENT WITH THE COUNTY OR STATE
TREASURER.

(2) THE PATIENT MAY OBTAIN      THESE FUNDS UPON

REQUEST DURING THE BUSINESS HOURS OF THE    FACILITY AND WITHIN

THREE BANKING DAYS FOR FUNDS KEPT IN    A BANK, OR WITH THE
STATE OR COUNTY TREASURER.

(I) (1) IF THE AGGREGATE AMOUNT OF MONEY ENTRUSTED
TO A FACILITY EXCEEDS THE SUM OF $10 PER PATIENT, THEN ALL
MONEY IN EXCESS OF THAT SUM OR IN EXCESS OF $500, WHICHEVER
IS LESS, SHALL BE DEPOSITED IN AN ACCOUNT AS SPECIFIED IN
SUBSECTION (H)(1). THE ACCOUNT SHALL BE DESIGNATED "GENERAL
FUND OF THE PARTICIPATING RESIDENTS OF THE (NAME OF
FACILITY)". THE FACILITY MAY ESTABLISH SEPARATE BANK
ACCOUNTS FOR ANY OF ITS RESIDENTS. AN INDIVIDUAL WHO
ENTRUSTS SUMS IN EXCESS OF $100 TO THE FACILITY SHALL HAVE
AN INTEREST BEARING ACCOUNT MAINTAINED IN THAT INDIVIDUAL'S
OWN NAME EXCEPT WHERE A FACILITY IS OPERATED BY A STATE,
COUNTY OR MUNICIPAL AGENCY, IN WHICH EVENT ONLY THE FUNDS OF