Ch. 607

LAWS OF MARYLAND

(II) 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.

(c)  (1) In this subsection, "[continuous] TOTAL LIFETIME
hospitalization" means [all hospitalization where each period of
inpatient care begins within 1 year after the last period of
inpatient care ended] THE SUM TOTAL OF ALL PERIODS OF INPATIENT
HOSPITALIZATION FOR A RECIPIENT OF SERVICES IN ANY STATE HOSPITAL
OR FACILITY WHETHER THESE PERIODS ARE INTERMITTENT OR CONTINUOUS.

(2)  If [payment has been made] A CHARGEABLE PERSON
HAS PAID for the first [30] 24 months of [continuous] TOTAL
LIFETIME hospitalization OF A RECIPIENT OF SERVICES, the
liability of [a] THAT 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.

(3)  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 DOES
NOT COUNT AS PAYMENTS PAID BY A CHARGEABLE PERSON FOR THE PURPOSE
OF DETERMINING A RECIPIENT OF SERVICES TOTAL LIFETIME
HOSPITALIZATION.

(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], AGENCY, OR
ORGANIZATION THAT has A SUMMARY OF financial, MEDICAL, OR
PSYCHOLOGICAL information DIAGNOSES about the recipient of
services has failed or refused to give that information to the
Department WHEN THE OBTAINING AND USE OF THIS INFORMATION IS
CONNECTED TO THE DEPARTMENT'S BILLING AND COLLECTION FUNCTIONS
UNDER THIS SUBTITLE; or

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