Ch. 586

1997 LAWS OF MARYLAND

(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] PARAGRAPH (1) OF THIS SUBSECTION may not
be considered as payment for or contribution to those fees or costs by the Department.

15-121.

(a) (1) In accordance with applicable federal law and rules and regulations,
including those under Title XIX of the Social Security Act, the Department may make
claim against the estate of [a]:

(I) A deceased Program recipient for the amount of any medical
assistance payments under this title; OR

(II) THE SURVIVING SPOUSE OF A DECEASED PROGRAM
RECIPIENT TOR THE AMOUNT OF MEDICAL ASSISTANCE PAYMENTS MADE ON
BEHALF OF THE DECEASED PROGRAM RECIPIENT WIDER THIS TITLE, UNLESS THE
SURVIVING SPOUSE AT THE TIME OF THE SURVIVING SPOUSE'S DEATH IS SURVIVED
BY A CHILD WHO IS:

1. LESS THAN 21 YEARS OF AGE;

2. BLIND; OR

3. PERMANENTLY AND TOTALLY DISABLED.

(2) THE ASSETS OF THE ESTATE OF THE SURVIVING SPOUSE SUBJECT TO
THE DEPARTMENTS CLAIM UNDER PARAGRAPH (1)(II) OF THIS SUBSECTION SHALL
BE RESTRICTED TO:

(I) THOSE ASSETS THAT PASSED TO THE SURVIVING SPOUSE
FROM THE DECEASED PROGRAM RECIPIENT UPON THE DEATH OF THE DECEASED
PROGRAM RECIPIENT BY:

1. TESTAMENTARY DISPOSITION;

2. DISTRIBUTION UNDER THE LAWS OF INTESTATE
SUCCESSION;

3. RIGHT OF SURVIVORSHIP FROM PROPERTY HELD IN
TENANCY BY THE ENTIRETY OR IN JOINT TENANCY; OR

4. A REMAINDER INTEREST FROM A LIFE TENANCY; OR

(II) RECEIPT BY INTER VIVOS GIFT FROM THE DECEASED
PROGRAM RECIPIENT:

(b) The claim shall be waived by the Department if, in its judgment, enforcement
of the claim will cause substantial hardship to the surviving dependents of the deceased.

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