786

LAWS OF MARYLAND

Ch. 21

FROM BENEFITS PAYABLE UNDER LAWS ADMINISTERED BY THE
VETERANS' ADMINISTRATION.

(B)  ASSETS BECOME PROPERTY OF STATE.

(1)  IF ANY PROPERTY OF A MENTALLY RETARDED
INDIVIDUAL REMAINS IN THE CUSTODY OF A PUBLIC FACILITY FOR 1
YEAR AFTER THE DEATH OR RELEASE OF THE MENTALLY RETARDED
INDIVIDUAL, THE DEPARTMENT SHALL INVESTIGATE TO LOCATE THE
INDIVIDUAL OR TO DETERMINE IF ANY OTHER PERSON LEGALLY IS
ENTITLED TO THAT PROPERTY.

(2)  IF SUCH A PERSON IS NOT FOUND:

(I)  AS MUCH AS POSSIBLE OF THE ACCOUNT OF
THE MENTALLY RETARDED INDIVIDUAL AT THE FACILITY SHALL BE
PAID FROM THE PROPERTY; AND

(II)  ANY BALANCE BECOMES THE PROPERTY OF
THIS STATE AND SHALL BE PAID INTO THE GENERAL FUND OF THIS
STATE.

(C)  CLAIM OF OTHERS.

(1)  AN ACTION MAY NOT BE BROUGHT MORE THAN 3
YEARS AFTER THE DEATH OR RELEASE OF A MENTALLY RETARDED
INDIVIDUAL TO RECOVER ANY OF THIS PROPERTY LEFT AT OR IN THE
CUSTODY OF THE FACILITY.

(2)  THIS SUBSECTION DOES NOT WAIVE ANY DEFENSE,
INCLUDING THE DEFENSE OF GOVERNMENTAL IMMUNITY, AVAILABLE TO
ANY FACILITY OR OTHER STATE AGENCY IN AN ACTION BROUGHT
AGAINST IT, EVEN IF THE ACTION IS BROUGHT WITHIN 3 YEARS
AFTER THE DEATH OR RELEASE OF THE MENTALLY RETARDED
INDIVIDUAL.

REVISOR'S NOTE: This section formerly appeared as
Article 59A, § 32.

The only changes are in style.

As to abandoned property generally, see the
General Revisor's Note to this subtitle.

Defined terms: "Department" § 1-101

"Includes"/"including" § 1-101 "Person" § 1-101

"Mentally retarded individual" § 7-101
"Public facility" § 7-101

GENERAL REVISOR'S NOTE:

The Commission to Revise the Annotated Code combined
and revised the various provisions of former Articles 43,
52A, 59, and 59A that related to reimbursements and
collections for health care, first, to clarify the general