Ch. 607

LAWS OF MARYLAND

(a)  To determine the ability to pay for the cost of care of
a recipient of services, the Department shall investigate the
financial condition of:

(1)  The recipient of services; and

(2)  Each chargeable person to the extent that the
recipient of services is unable to pay this cost of care.

(b)  In determining the financial condition of persons under
this section, public assistance payments shall be taken into
consideration as financial resources.

(c)  (1) In its investigations, the Department may require
the recipient of services, any chargeable person, and any other
person to submit reports to the Department on the forms that the
Department provides.

(2) If any person refuses   or otherwise fails to file

a required report, on petition of   the Department, the circuit

court for the county where the person   resides or does business
may compel the filing of the report.

(D) (1) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE
CONTRARY, THE DEPARTMENT OR ITS DESIGNATED FINANCIAL AGENT MAY
OBTAIN AND USE FINANCIAL INFORMATION AND , IF AND WHEN NECESSARY,
A SUMMARY OF MEDICAL AND PSYCHOLOGICAL INFORMATION DIAGNOSES
REGARDING A RECIPIENT OF SERVICES IF THE OBTAINING AND USE OF
THIS INFORMATION IS CONNECTED TO THE DEPARTMENT'S BILLING AND
COLLECTION FUNCTIONS UNDER THIS SUBTITLE. THE DEPARTMENT SHALL
OBTAIN A RELEASE FROM THE RECIPIENT OF SERVICES OR A CHARGEABLE
PERSON TO SECURE INFORMATION FROM A FINANCIAL INSTITUTION.-------

(2) (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF
THIS PARAGRAPH, ALL INFORMATION OBTAINED BY THE DEPARTMENT OR ITS
DESIGNATED AGENT UNDER SUBSECTION (D) OF THIS SECTION SHALL BE
TREATED AS CONFIDENTIAL.

(II) IF- THE FINANCIAL INFORMATION IS CONNECTED
TO THE TREATMENT OR CARE OF A RECIPIENT OF SERVICES UNDER THIS
SUBTITLE, THE DEPARTMENT OR ITS DESIGNATED FINANCIAL AGENT MAY
DISCLOSE THE FINANCIAL INFORMATION OBTAINED UNDER SUBSECTION (D)
OF THIS SECTION TO A DESIGNATED CLINICAL REPRESENTATIVE OF A
FACILITY.

[(d)] (E) As to services that are provided by a political
subdivision or grantee, the Department may delegate to the
political subdivision or grantee the investigation of financial
condition and the determination and collection of the amount
payable. However, the political subdivision or grantee shall
follow each law and each rule and regulation of the Department
that relates to the investigation and determination.

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