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LAWS OF MARYLAND

Ch. 381

Annotated Code of Maryland

(As enacted by Chapter ____ (H.B. 200) of the

Acts of the General Assembly of 1982)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That section(s) of the Annotated Code of Maryland

(as enacted by Chapter ____ (H.B. 200) of the Acts of the

General Assembly of 1982) read(s) as follows:

Article - Health - General

15-120.

(b) (1) Any program recipient or attorney, guardian,
or personal representative of a program recipient who
receives money in settlement of or under a judgment or award
in a cause of action in which the Department has a
subrogation claim shall hold that money, for the benefit of
the Department, to the extent required for the subrogation
claim, after deducting applicable attorney fees and
litigation costs.

(2)  A person who, after written notice of a
subrogation claim and possible liability under this
paragraph, disposes of the money, without the written
approval of the Department, is liable to the Department for
any amount that, because of the disposition, is not
recoverable by the Department.

(3)  The Department may compromise or settle and
release its subrogation claim if, in its judgment,
collection of the claim will cause substantial hardship:

(i) To the program recipient; or

(ii) In a wrongful death action, to the
surviving dependents of a deceased program recipient.

(4)  (I) THE DEPARTMENT IS NOT LIABLE FOR PAYMENT
OF OR CONTRIBUTION TO ANY ATTORNEY FEES OR LITIGATION COSTS
OF ANY PROGRAM RECIPIENT OR ATTORNEY, GUARDIAN, OR PERSONAL
REPRESENTATIVE OF ANY PROGRAM RECIPIENT.

(II) THE DEDUCTION OF APPLICABLE ATTORNEY
FEES AND LITIGATION COSTS UNDER SUBSECTION (B)(1) OF THIS
SECTION MAY NOT BE CONSIDERED AS PAYMENT FOR OR CONTRIBUTION
TO THOSE FEES OR COSTS BY THE DEPARTMENT.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act
shall take effect July 1, 1982.

Approved May 20, 1982.