HARRY HUGHES, Governor

785

"Responsible relative" § 16-101
16-406. COSTS OF COURT ORDERED EXAMINATIONS.
(A) STATE TO ASSUME COSTS.

(1)  EXCEPT AS OTHERWISE PROVIDED IN THIS
SECTION, IF ANY INDIVIDUAL IS EXAMINED UNDER A COURT ORDER
BY A REPRESENTATIVE OF THE MENTAL RETARDATION
ADMINISTRATION, THE COST OF THE EXAMINATION SHALL BE ASSUMED
BY THIS STATE.

(2)  THE ADMINISTRATION IS SUBROGATED TO ANY
RIGHT OR RIGHT OF ACTION THAT THE INDIVIDUAL EXAMINED HAS
UNDER THE TERMS OF ANY INSURANCE POLICY TO RECOVER THE COSTS
OF THIS SERVICE.

(B) EXCEPTION.

IF THE EXAMINATION IS REQUESTED BY THE INDIVIDUAL BEING
EXAMINED:

(1)  THE INDIVIDUAL IS RESPONSIBLE FOR PAYMENT OF
THE APPROPRIATE FEE; AND

(2)  THE MENTAL RETARDATION ADMINISTRATION MAY
ASK AND THE COURT MAY REQUIRE THE INDIVIDUAL TO POST A BOND
FOR PAYMENT OF THAT FEE.

REVISOR'S NOTE: This section formerly appeared as
Article 59A, § 31.

As to subsection (a)(2) of this section, the
Commission to Revise the Annotated Code notes,
for consideration by the General Assembly, that
the former law was unclear as to who is entitled
to keep the payment recovered under an insurance
policy. This section is revised to provide for
subrogation, for clarity. See also § 16-302 of
this title.

In subsection (b) of this section, the former
words "or his representative" are deleted, to
conform to § 16-302(b) of this title and to avoid
redundancy, since a request by a representative
is a request by the individual.

The only other changes are in style.

16-407. DISPOSITION OF PROPERTY ON DEATH OR RELEASE OF
MENTALLY RETARDED INDIVIDUAL.

(A) SCOPE OF SECTION.

THIS SECTION DOES NOT APPLY TO FUNDS THAT ARE DERIVED