1888

LAWS OF MARYLAND

Ch. 604

(B) (1) ALL TANGIBLE AND INTANGIBLE PERSONAL

PROPERTY AND ANY INCOME OR INCREMENT ON THE PROPERTY HELD BY

A NURSING HOME FOR THE BENEFIT OF A DECEASED OR DISCHARGED

PATIENT AND REMAINING, FOR MORE THAN ONE (1) YEAR, UNCLAIMED
BY THE PATIENT OR A PERSONAL REPRESENTATIVE OR HEIR, ARE
PRESUMED ABANDONED.

(2)    THE COMPTROLLER SHALL ESTABLISH PROCEDURES
FOR RECEIPT OF A PATIENT'S MONEY AND FOR MAINTENANCE OF
ESCROW ACCOUNTS REQUIRED BY THIS SECTION.

(3)    THE COMPTROLLER'S OFFICE SHALL MAINTAIN THE
ESCROW ACCOUNT ON BEHALF OF THE PATIENT FOR A PERIOD OF
SEVEN YEARS. IF AFTER THIS PERIOD NEITHER THE PATIENT,
PERSONAL REPRESENTATIVE, HEIRS, NOR ANY OTHER PERSON
ENTITLED TO CLAIM THE FUNDS HAS DONE SO, THEN THE FUNDS AND
ANY INTEREST EARNED SHALL ACCRUE TO THE STATE. IF PROPERTY
IS CLAIMED BY A PERSON ENTITLED TO THE FUNDS OR VALUABLES,
THE STATE SHALL RETURN INTEREST EARNED LESS COSTS TO THE
STATE OF MAINTAINING THE ACCOUNT. AFTER SEVEN YEARS, TITLE
IT OF THE COMMERCIAL LAW ARTICLE OF THE MARYLAND CODE
PROVIDING FOR DISPOSITION OF UNCLAIMED PROPERTY SHALL APPLY.

(4)    THE OFFICE OF THE COMPTROLLER SHALL PUBLISH
A NOTICE AT LEAST ONCE A YEAR IN THE MARYLAND REGISTER,
LISTING THE NAMES OF ALL PERSONS FOR WHOM IT HAS RECEIVED
FUNDS DURING THE PRECEDING CALENDAR YEAR AS REQUIRED BY THIS
SECTION.

(N) IF THE OWNERSHIP OF A FACILITY CHANGES, THE NEW
OWNER SHALL REQUEST AND RECEIVE A CERTIFIED WRITTEN AUDIT OF
ALL ACCOUNTS MAINTAINED FOR PATIENT MONEYS AND SHALL GIVE A
SIGNED RECEIPT FOR RECEIVING THE PATIENT FUNDS.

(O) (1) ANY VIOLATION OF A PROVISION OF THIS
SUBTITLE IS PUNISHABLE BY A FINE NOT TO EXCEED $500, EXCEPT
AS PROVIDED IN SUBPARAGRAPH (2) BELOW.

(2) ABUSE OF PATIENT FUNDS, AS DEFINED IN
PARAGRAPH (A) OF THIS SUBTITLE IS A MISDEMEANOR, AND ANY
PERSON FOUND GUILTY OF ABUSE OF PATIENT FUNDS UPON
CONVICTION IS SUBJECT TO A FINE OF $500.

(P) THIS STATUTE IS REMEDIAL AND IS INTENDED TO
PROVIDE REMEDIES IN ADDITION TO AND NOT IN DEROGATION OF ANY
RIGHTS WHICH A PATIENT MAY HAVE BY REASON OF ANY OTHER
STATUTE OR COMMON LAW.

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

Approved May 16, 1978.