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LAWS OF MARYLAND

Ch. 21

(D) RETROACTIVE SETTING OF PAYMENTS.

THE DEPARTMENT MAY SET THE AMOUNT OF PAYMENTS
RETROACTIVELY:

(1)  FOR A PERIOD OF NOT MORE THAN 6 MONTHS FROM
THE DATE WHEN THE DEPARTMENT SETS THE AMOUNT OF PAYMENTS;
AND

(2)  AFTER INQUIRY BY THE DEPARTMENT, FOR A
GREATER PERIOD, IF:

(I)  THE RECIPIENT OF SERVICES, THE
RESPONSIBLE RELATIVES OF THE RECIPIENT, OR ANY OTHER PERSON
WHO HAS FINANCIAL INFORMATION ABOUT THE RECIPIENT OF
SERVICES HAS FAILED OR REFUSED TO GIVE THAT INFORMATION TO
THE DEPARTMENT; OR

(II)  ANY CHARGES ASSESSED THIRD PARTY
INSURERS HAVE BEEN DENIED WHOLLY OR PARTLY.

REVISOR'S NOTE: Subsection (a)(1) of this section is
new language added for clarity. This addition is
based on subsection (b)(2) of this section, which
enables the Department to accept less than the
set charges.

Subsections (a)(2), (b), (c), and (d) of this
section are new language derived without
substantive change from former Article 43, §
601(c) and -- through incorporation by reference
former Article 59, § 39(b) and former Article
59A, § 24(b).

Subsection (a)(3) of this section is new language
that combines, without substantive change, the
like provisions as to abandonment in the third
and fourth sentences of former Article 43, §
601(b)(1), the second and third sentences of
former Article 59, § 3(k), and the second and
third sentences of former Article 59A, § 3(t).

In subsection (a)(3) of this section, the former
references to adoption of the rules and
regulations in accordance with the
"Administrative Procedure Act" are deleted as
unnecessary.

In subsection (c)(2) of this section, the word
"continuous" is added to modify "hospitalization"
to give effect to the definition in subsection
(c)(1) of this section. Without this addition,
the definition could be meaningless. The
Department advises that this correction conforms