WILLIAM DONALD SCHAEFER, Governor                   Ch. 607

16-203.

(a)  (1) The cost of care of a recipient of services shall
be determined in accordance with the charges for services set
under § 16-201 of this subtitle.

(2)  Except as otherwise provided in this title:

(i) Payment for this cost of care shall be made
by the recipient of services or a chargeable person;

(ii) Their liability for this payment is joint
and several; and

(iii) 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.

(3)  Liability may not be imposed under this title on
any spouse or child of a recipient of services, if the spouse or
child has been abandoned by the recipient of services. The
Department shall adopt rules and regulations that define
abandonment for the purposes of this subsection.

(4) LIABILITY MAY NOT BE IMPOSED UNDER THIS TITLE ON
A RESPONSIBLE RELATIVE IF ANY RESPONSIBLE RELATIVE HAS BEEN THE
VICTIM OF SEXUAL ABUSE, PHYSICAL ABUSE, OR A CRIME OF VIOLENCE AS
DEFINED UNDER ARTICLE 27, § 643B OF THE CODE PERPETRATED BY THE
RECIPIENT OF SERVICES. THE DEPARTMENT SHALL ADOPT REGULATIONS
THAT DEFINE "SEXUAL ABUSE, PHYSICAL ABUSE, OR A CRIME OF
VIOLENCE" AS DEFINED UNDER ART1CLE 27, § 643B OF THE CODE FOR THE
PURPOSES OF THIS PARAGRAPH.

(b)  (1) The Department:

(i) Shall set the time and amount of payments;
and

(ii) May change its orders as to payments, as
circumstances may warrant.

(2) (I) In setting the amount of payments, the
Department:

[(i)] 1. Shall consider the financial means and
abilities of the recipient of services and any chargeable person;
and

[(ii)] 2. May agree to accept less than the
charges set for the services provided.

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