HARRY HUGHES, Governor

781

RECEIVED BY A RECIPIENT OF SERVICES UNDER THE MARYLAND
MENTAL RETARDATION LAW SHALL BE AS PROVIDED IN THIS
SUBTITLE.

REVISOR'S NOTE: This section is new language derived
without substantive change from the second
sentence of former Article 59A, § 24(b).

Defined terms: "Chargeable person" § 16-101
"Recipient of services" § 16-101

16-404. SAME -- GENERAL RULE.

(A) COLLECTION OF INSURANCE PROCEEDS.

IF THERE IS ANY INSURANCE, GROUP HEALTH PLAN, OR
PREPAID MEDICAL CARE COVERAGE FOR PART OR ALL OF THE COST OF
THE CARE PROVIDED, THE DEPARTMENT SHALL SEEK TO COLLECT THE
PROCEEDS OF THE INSURANCE, PLAN, OR COVERAGE TO THE FULL
EXTENT REQUIRED TO PAY FOR THE CHARGES FOR SERVICES SET
UNDER § 16-201 OF THIS TITLE.

(B). SCOPE OF LIABILITY.

THE LIABILITY OF A CHARGEABLE PERSON FOR SERVICES
PROVIDED TO A MENTALLY RETARDED INDIVIDUAL MAY NOT EXCEED
THE GREATER OF:

(1)  THE SUM OF ANY PROCEEDS OF INSURANCE, GROUP
HEALTH PLAN, OR PREPAID MEDICAL CARE THAT THE INSURER OR
PLAN PAYS BECAUSE OF LIABILITY FOR THE PAYMENT OF OR
REPAYMENT FOR THE COST OF CARE PROVIDED TO THE INDIVIDUAL;
OR

(2)  THE LESSER OF:

(I)  THE AMOUNT DETERMINED UNDER § 16-405
OF THIS SUBTITLE; OR

(II)  THE AMOUNT SET BY THE DEPARTMENT
UNDER § 16-203(B) OF THIS TITLE.

(C) RESPONSIBLE RELATIVES.

THE LIABILITY OF RESPONSIBLE RELATIVES FOR THE COST OF
CARE OF A MENTALLY RETARDED INDIVIDUAL IN A RESIDENTIAL,
STATE FACILITY CEASES WHEN THE COST OF CARE OF THE MENTALLY
RETARDED INDIVIDUAL HAS BEEN CHARGED FOR A PERIOD OR PERIODS
THAT TOTAL 16 YEARS.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Article
59A, § 25A and the second sentence of § 25(e).

Subsection (b)(2)(ii) of this section is new