PARRIS N. GLENDENING, Governor                                S.B. 386

(2)     Except as provided by the Department, a facility may not charge an
applicant OR RESIDENT who is a medical assistance beneficiary, or the applicant's OR
RESIDENT'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 OR
RESIDENT'S agent is limited to the amount of the applicant's OR RESIDENT'S funds that
are considered available to the agent by the medical assistance program.

(4)     (I) A facility may require AN APPLICANT, A RESIDENT, OR the agent
of an applicant OR RESIDENT to agree to distribute any funds, INCLUDING INCOME OR
ASSETS of the applicant OR RESIDENT, WHICH THE MEDICAL ASSISTANCE PROGRAM
HAS DETERMINED TO BE AVAILABLE TO PAY FOR THE COST OF THE APPLICANT'S
OR RESIDENT'S CARE, to the facility, promptly when due, for the cost of the applicant's
OR RESIDENT'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].

(II)     FOR THE PURPOSE OF THIS SECTION, FUNDS OF THE
APPLICANT OR RESIDENT INCLUDE FUNDS OF THE APPLICANT OR RESIDENT THAT
ARE UNDER THE USE, OWNERSHIP, MANAGEMENT, OR CONTROL OF THE AGENT.

(III)   A RESIDENT OR AGENT OF THE RESIDENT WHO HAS NOT PAID
A CURRENT OBLIGATION FOR THE RESIDENT'S CARE MAY APPLY TO THE MEDICAL
ASSISTANCE PROGRAM FOR A DETERMINATION OF THE FUNDS AVAILABLE TO PAY
FOR THE COST OF THE RESIDENT'S CARE.

(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.

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