HARRY HUGHES, Governor

1205

CHAPTER 148

(House Bill 138)

AN ACT concerning

Mental Retardation - Fees for Court-Ordered Examinations

FOR the purpose of requiring that the State, rather than the
county, pay for court-ordered examinations; and
creating a certain right of action by the
Administration against third party insurers.

BY repealing and reenacting, with amendments,

Article 59A - Mental Retardation

Section 31

Annotated Code of Maryland

(1979 Replacement Volume and 1980 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be repealed, amended, or enacted to read as follows: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 59A - Mental Retardation

31.

When any person is examined by a representative of the
Administration pursuant to any order of court, [a reasonable
fee shall be charged for the examination. The fees shall be
added to the costs of the case, and shall be paid by the
county] THE COST FOR THE EXAMINATION SHALL BE ASSUMED BY THE
STATE. If, however, the examination is requested by the
person being examined, or his representative, he shall be
responsible for payment of the appropriate fee, and the
Administration may request, and the court may require, such
person to post a bond for payment of the examining fee. THE
ADMINISTRATION MAY RECOVER THE COST OF THE EXAMINATION FROM
THIRD PARTY INSURERS TO THE EXTENT THAT SUCH COVERAGE IS
AVAILABLE.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act
shall take effect July 1, 1981.

Approved April 28, 1981.

CHAPTER 149
(House Bill 145)