HARRY HUGHES, Governor                                    1579

(i) Shall consider the financial means and
abilities of the recipient of services and any chargeable person;
and

(ii) May agree to accept less than the charges
set for the services provided.

(c) (1) In this subsection, "continuous hospitalization"
means all hospitalization where each period of inpatient care
begins within 1 year after the last period of inpatient care
ended.

(2) If payment has been made for the first 30 months
of continuous hospitalization, the liability of a chargeable
person for care of the recipient of services after that period
may not exceed the greater of:

(i) The sum of any proceeds of applicable
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 recipient of
services; or

(ii) 15 percent of the charges for services set
under § 16-201 of this subtitle.

(d)  The Department may set the amount of payments
retroactively:

(1)  For a period of not more than 6 months from the
date when the Department sets the amount of payments; and

(2)  After inquiry by the Department, for a greater

period, if:

(i) The recipient of services, the responsible
relatives of the recipient, or any other person who has financial
information about the recipient of services has failed or refused
to give that information to the Department; or

(ii) Any charges assessed third party insurers
have been denied wholly or partly.

16-404.

(a) 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. THE INSURED OR POLICYHOLDER MAY NOT WITHHOLD THE PAYMENT
AND SHALL ASSIGN TO THE DEPARTMENT ANY BENEFITS AVAILABLE UNDER
THE POLICY FOR SERVICES RENDERED BY THE DEPARTMENT TO ANY INSURED
COVERED BY THE POLICY.