PARRIS N. GLENDENING, Governor

Ch. 547

(IV)    IF A REQUEST FOR A DETERMINATION IS MADE UNDER
SUBPARAGRAPH (III) OF THIS PARAGRAPH, THE MEDICAL ASSISTANCE PROGRAM
SHALL MAKE THE DETERMINATION.

(V)     IF A RESIDENT OR AGENT OF A RESIDENT WHO HAS NOT PAID
A CURRENT OBLIGATION FOR THE RESIDENT'S CARE FAILS TO REQUEST A
DETERMINATION UNDER SUBPARAGRAPH (III) OF THIS PARAGRAPH, THE FACILITY
MAY, WITHOUT REQUESTING THE APPOINTMENT OF A GUARDIAN, PETITION THE
APPROPRIATE CIRCUIT COURT FOR AN ORDER DIRECTING THE RESIDENT OR
AGENT OF THE RESIDENT TO REQUEST THE DETERMINATION WITH DUE
DILIGENCE.

(VI)    IF A RESIDENT OR AGENT OF THE RESIDENT FAILS TO PAY FOR
THE COST OF THE RESIDENT'S CARE FROM FUNDS THAT THE MEDICAL ASSISTANCE
PROGRAM HAS DETERMINED TO BE AVAILABLE TO PAY FOR THAT CARE, THE
FACILITY MAY, WITHOUT REQUESTING THE APPOINTMENT OF A GUARDIAN,
PETITION THE APPROPRIATE CIRCUIT COURT FOR AN ORDER DIRECTING THE
RESIDENT OR AGENT OF THE RESIDENT TO PAY THE FACILITY FROM THE FUNDS
DETERMINED BY THE MEDICAL ASSISTANCE PROGRAM TO BE AVAILABLE.

(5)     (i) [The] AN APPLICANT, A RESIDENT, OR THE agent of an
applicant OR RESIDENT shall seek, on behalf of the applicant OR RESIDENT, all
assistance from the medical assistance program which may be available to the applicant
OR RESIDENT.

(ii) The facility shall cooperate with and assist the agent in seeking
assistance from the medical assistance program on behalf of the applicant OR RESIDENT.

(III) IF A RESIDENT OR THE AGENT OF A RESIDENT FAILS TO SEEK
ASSISTANCE FROM THE MEDICAL ASSISTANCE PROGRAM OR TO COOPERATE FULLY
IN THE ELIGIBILITY DETERMINATION PROCESS, A FACILITY PROVIDING CARE TO
THE RESIDENT MAY, WITHOUT REQUESTING THE APPOINTMENT OF A GUARDIAN,
PETITION THE APPROPRIATE CIRCUIT COURT FOR AN ORDER REQUIRING THE
RESIDENT OR AGENT OF THE RESIDENT TO SEEK ASSISTANCE FROM THE MEDICAL
ASSISTANCE PROGRAM OR TO COOPERATE IN THE ELIGIBILITY DETERMINATION
PROCESS WITH DUE DILIGENCE.

(6)      (I) Any agent who wilfully OR WITH GROSS NEGLIGENCE violates the
requirements of paragraph (4) of this subsection regarding the distribution of the
applicant's OR RESIDENT'S funds is subject to a civil penalty [not exceeding $2,500] NOT
LESS THAN THE AMOUNT OF FUNDS SUBJECT TO THE VIOLATION.

(II)     ANY AGENT WHO WILLFULLY OR WITH GROSS NEGLIGENCE
VIOLATES THE REQUIREMENTS OF PARAGRAPH (5) OF THIS SUBSECTION
REGARDING AN APPLICATION FOR MEDICAL ASSISTANCE BY OR ON BEHALF OF AN
APPLICANT OR RESIDENT IS SUBJECT TO A CIVIL PENALTY NOT EXCEEDING $10,000.

(III)    THE ATTORNEY GENERAL IS RESPONSIBLE FOR THE
ENFORCEMENT AND PROSECUTION OF VIOLATIONS OF THE PROVISIONS OF
PARAGRAPHS (4) AND (5) OF THIS SUBSECTION.

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