774

LAWS OF MARYLAND

Ch. 21

(B)  FEES FOR KIDNEY DISEASE SERVICES.

(1)  ANY FEE COLLECTED BY THE DEPARTMENT FOR
KIDNEY DISEASE SERVICES MAY BE KEPT BY THE DEPARTMENT ONLY
TO MAINTAIN AND OPERATE THE STATE KIDNEY DISEASE PROGRAM.

(2)  SUBJECT ONLY TO THE LIMITATIONS PROVIDED IN
TITLE 13, SUBTITLE 3 OF THIS ARTICLE AND IN THE PROVISIONS
OF THE STATE BUDGET FOR THE STATE KIDNEY DISEASE PROGRAM,
THE DEPARTMENT MAY BILL FOR SERVICES THAT ARE PROVIDED IN
STATE OR PRIVATELY OPERATED KIDNEY DISEASE CENTERS AND
COLLECT THE CHARGES DIRECTLY FROM:

(I)  ANY PUBLIC OR PRIVATE THIRD PARTY
PAYOR;

(II)  ANY CHARGEABLE PERSON, EXCEPT A CHILD
OF THE RECIPIENT OF SERVICES; OR

(III)  THE ASSETS OR INCOME OF THE
RECIPIENT OF SERVICES.

(C)  DEATH OF RECIPIENT OF SERVICES.

(1)  IF      A RECIPIENT OF SERVICES DIES, THE
DEPARTMENT MAY MAKE    A CLAIM AGAINST THE ESTATE OF THE
RECIPIENT FOR ANY    UNPAID CHARGES ESTABLISHED FOR THAT
RECIPIENT.

(2)  EXCEPT AS PROVIDED IN PARAGRAPH (4) OF THIS
SUBSECTION, A CLAIM UNDER THIS SUBSECTION MAY NOT INCLUDE
ANY CHARGE FOR SERVICES PROVIDED MORE THAN 3 YEARS BEFORE
THE RECIPIENT OF SERVICES DIED.

(3)  A CLAIM MADE UNDER THIS SUBSECTION IS A

PREFERRED CLAIM AGAINST THE ESTATE OF A DECEASED RECIPIENT
OF SERVICES. THE CLAIM MAY BE WAIVED BY THE DEPARTMENT IF,
IN ITS JUDGMENT, ENFORCEMENT OF THE CLAIM WILL CAUSE
SUBSTANTIAL HARDSHIP TO DEPENDENTS OF THE DECEASED.

(4)  IF A RESPONSIBLE RELATIVE WHO IS LIABLE FOR
THE COST OF CARE OF THE RECIPIENT OF SERVICES HAS
MISREPRESENTED ASSETS OR SUBMITTED FRAUDULENT INFORMATION
AND, BY DOING SO, HAS AVOIDED ANY PART OF THE CLAIM FOR THE
COST OF CARE, THERE IS NO LIMITATION ON THE TIME IN WHICH
THE CLAIM MAY BE BROUGHT AGAINST THE ESTATE.

(D)  PROCEEDINGS ON CURRENT AND DELINQUENT ACCOUNTS.

(1)  THE DEPARTMENT MAY INSTITUTE ANY PROCEEDINGS
THAT THE DEPARTMENT CONSIDERS NECESSARY TO REQUIRE
COLLECTION OF THE ESTABLISHED BUT UNCOLLECTED PAYMENTS.

(2)  THE CENTRAL COLLECTION UNIT IN THE

DEPARTMENT OF BUDGET AND FISCAL PLANNING SHALL HANDLE THOSE