Ch. 452

LAWS OF MARYLAND

SUBSECTION, the facility shall provide a written statement to be
included in the document of the rights, duties, and liabilities
of the signer of the document.

(3) (I) A FACILITY MAY REQUEST AN APPLICANT FOR WHOM
A SECOND SIGNATURE CANNOT BE REQUIRED OR SOLICITED UNDER
PARAGRAPH (1) OF THIS SUBSECTION TO EXECUTE VALID DURABLE POWERS
OF ATTORNEY DESIGNATING AN ATTORNEY IN FACT TO MAKE FINANCIAL,
MEDICAL, FUNERAL, AND BURIAL DECISIONS IN THE EVENT OF THE
APPLICANT'S DISABILITY.

(II) A FACILITY MAY NOT REQUIRE THE EXECUTION
OF A DURABLE POWER OF ATTORNEY AS A CONDITION OR REQUIREMENT OF
ADMISSION TO THE FACILITY.

(C) (1) IN THIS SUBSECTION "AGENT" MEANS A PERSON WHO
MANAGES, USES, OR CONTROLS THE FUNDS OR ASSETS THAT LEGALLY MAY
BE USED TO PAY THE APPLICANT'S SHARE OF THE COSTS OR OTHER
CHARGES NOT COVERED BY THE MEDICAL ASSISTANCE PROGRAM.

(2)  EXCEPT AS PROVIDED BY THE DEPARTMENT, A FACILITY
MAY NOT CHARGE AN APPLICANT WHO IS A MEDICAL ASSISTANCE
BENEFICIARY, OR THE APPLICANT'S AGENT, ANY AMOUNT IN ADDITION TO
THE AMOUNTS DETERMINED BY THE MEDICAL ASSISTANCE PROGRAM FOR
SERVICES THAT ARE COVERED BY MEDICAL ASSISTANCE.

(3)  UNLESS OTHERWISE AGREED, THE FINANCIAL OBLIGATION
OF THE APPLICANT'S AGENT IS LIMITED TO THE AMOUNT OF THE
APPLICANT'S FUNDS THAT ARE CONSIDERED AVAILABLE TO THE AGENT BY
THE MEDICAL ASSISTANCE PROGRAM.

(4)  A FACILITY MAY REQUIRE THE AGENT OF AN APPLICANT
TO AGREE TO DISTRIBUTE ANY FUNDS OF THE APPLICANT TO THE
FACILITY, PROMPTLY WHEN DUE, FOR THE COST OF THE APPLICANT'S
CARE:

(I)  THAT IS NOT COVERED BY THE MEDICAL
ASSISTANCE PROGRAM; AND

(II)  THAT THE APPLICANT OR THE APPLICANT'S
AGENT HAS AGREED TO PAY.

(5)  (I) THE AGENT OF AN APPLICANT SHALL SEEK, ON
BEHALF OF THE APPLICANT, ALL ASSISTANCE FROM THE MEDICAL
ASSISTANCE PROGRAM WHICH MAY BE AVAILABLE TO THE APPLICANT.

(II) THE FACILITY SHALL COOPERATE WITH AND
ASSIST THE AGENT IN SEEKING ASSISTANCE FROM THE MEDICAL
ASSISTANCE PROGRAM ON BEHALF OF THE APPLICANT.

(6)  ANY AGENT WHO WILFULLY VIOLATES THE REQUIREMENTS
OF PARAGRAPH (4) OF THIS SUBSECTION REGARDING THE DISTRIBUTION OF

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