HARRY HUGHES, Governor

775

DELINQUENT ACCOUNTS AND DEBTS THAT THE DEPARTMENT OF HEALTH
AND MENTAL HYGIENE REFERS UNDER ARTICLE 41, § 71 OF THE
CODE.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Article
43, § 601(b)(5) and (d) and -- through
incorporation by reference -- former Article 59,
§ 39(b) and former Article 59A, § 24(b).

In subsection (b)(2) of this section,      the

introductory phrase "{s}ubject only to     the

limitations provided in" is substituted     for

"{n}otwithstanding any other provisions of     law
except ...", for clarity.

In subsection (c)(3) of this section, the phrase
"substantial hardship to dependents of the
deceased" is substituted for the reference to
"substantial hardship to dependents of those
against whom the claim exists", since a claim
under this section is against an estate.
Therefore, the claim "exists" against the estate,
and the reference does not make any literal
sense. This revision adopts the interpretation
that the Commission to Revise the Annotated Code
and the Department believe to be closest to the
intent of the General Assembly.

In subsection (d)(2) of this section, the
introductory phrase of former Article 43, §
601(b)(5) — "{n}otwithstanding any other
provision of this section" -- is deleted as
unnecessary in light of the revision of former
Article 43, § 601(d)(2) in subsection (d)(1) of
this section, since the word "delinquent"
distinguishes the collection functions.

Defined terms: "Department" § 1-101
"Chargeable person" § 16-101 "Secretary" § 1-101
"Cost of care" § 16-101
"Recipient of services" § 16-101
"Responsible relative". § 16-101

16-205. ALTERNATIVE REQUIREMENTS.

INSTEAD OF THE REQUIREMENTS OF THIS SUBTITLE, THE
DEPARTMENT MAY ACCEPT THOSE REQUIREMENTS THAT ARE SET OUT IN
THE MARYLAND MEDICAL ASSISTANCE PLAN OR THE FEDERAL LAWS AND
REGULATIONS UNDER TITLE XIX OF THE SOCIAL SECURITY ACT AND
THAT GOVERN THE INVESTIGATION OF FINANCIAL CONDITION,
STANDARDS OF ELIGIBILITY, AND LEGAL RESPONSIBILITY OF
RECIPIENTS OF SERVICES, THEIR RESPONSIBLE RELATIVES, LEGAL
REPRESENTATIVES AND ESTATES, OR OTHER CHARGEABLE PERSONS.