Ch. 97                                       1993 LAWS OF MARYLAND

(ii) In a wrongful death action, to the surviving dependents of a
deceased Program recipient.

(4) (i) The Department is not liable for payment of or contribution to any
attorney fees or litigation costs of any Program recipient or attorney, guardian, or
personal representative of any Program recipient.

(ii) The deduction of applicable attorney fees and litigation costs
under subsection (b)(1) of this section may not be considered as payment for or
contribution to those fees or costs by the Department.

15-121.1.

(b) (1) Any Program recipient or attorney, guardian, or personal representative
of a Program recipient who receives money for a claim to which the Department has a
subrogation claim shall, AFTER RECEIVING WRITTEN NOTICE OF THE SUBROGATION
CLAIM, hold that money, for the benefit of the Department, to the extent required for the
subrogation claim, after deducting applicable attorney's fees.

(2)     A person who, after written notice of a subrogation claim from the
Department and possible liability under this paragraph, disposes of the money, without
the written approval of the Department, is liable to the Department for any amount that,
because of the disposition, is not recoverable by the Department.

(3)     The Department may compromise or settle and release its subrogation
claim if, in its judgment, collection of the claim will cause substantial hardship to the
Program recipient or in a wrongful death action, the surviving dependent of a deceased
Program recipient.

15-121.2.                                      

(A)     IF A PROGRAM RECIPIENT HAS A CLAIM FOR ANY MEDICAL, HOSPITAL,
OR DISABILITY BENEFITS UNDER ARTICLE 48A, § 541 OF THE CODE, THE
DEPARTMENT SHALL BE SUBROGATED TO THAT CLAIM TO THE EXTENT OF ANY
PAYMENTS MADE BY THE DEPARTMENT ON BEHALF OF THE PROGRAM RECIPIENT
THAT RESULTS FROM THE OCCURRENCE THAT GAVE RISE TO THE CLAIM, LESS
APPLICABLE ATTORNEY'S FEES.

(B)     (1) ANY PROGRAM RECIPIENT, ATTORNEY, GUARDIAN, OR PERSONAL
REPRESENTATIVE OF A PROGRAM RECIPIENT WHO RECEIVES MONEY FOR A CLAIM
TO WHICH THE DEPARTMENT HAS A SUBROGATION CLAIM SHALL, AFTER
RECEIVING WRITTEN NOTICE OF THE SUBROGATION CLAIM, HOLD THAT MONEY,
FOR THE BENEFIT OF THE DEPARTMENT, TO THE EXTENT REQUIRED FOR THE
SUBROGATION CLAIM, AFTER DEDUCTING APPLICABLE ATTORNEY'S FEES.

(2) A PERSON WHO, AFTER WRITTEN NOTICE OF A SUBROGATION
CLAIM FROM THE DEPARTMENT AND POSSIBLE LIABILITY UNDER THIS
PARAGRAPH, DISPOSES OF THE MONEY, WITHOUT THE WRITTEN APPROVAL OF THE
DEPARTMENT, IS LIABLE TO THE DEPARTMENT FOR ANY AMOUNT THAT, BECAUSE
OF THE DISPOSITION, IS NOT RECOVERABLE BY THE DEPARTMENT:

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