ROBERT L. EHRLICH, JR., Governor                             Ch. 429

may be transferred from the previously mentioned departments to the Medical
Assistance Program. Further, should the facility or program become eligible
subsequent to payment to the facility or program by any of the previously mentioned
departments, and the Medical Assistance Program makes subsequent additional
payments to the facility or program for the same services, any recoveries of
overpayment, whether paid in this or prior fiscal years, shall become available to the
Medical Assistance Program for provider reimbursement purposes.

SECTION 15. AND BE IT FURTHER ENACTED, That all funds appropriated
to the various State departments and agencies in Comptroller object 0831 (Office of
Administrative Hearings) to conduct administrative hearings by the Office of
Administrative Hearings are to be transferred to the Office of Administrative
Hearings (D99A11.01) on July 1, 2004 and may not be expended for any other
purpose.

SECTION 16. AND BE IT FURTHER ENACTED, That funds budgeted in the
State Department of Education and the Departments of Health and Mental Hygiene,
Human Resources, and Juvenile Services may be transferred by budget amendment
to the Subcabinet Fund - Community Partnerships for Children, Youth, and Families
(RA04). Funds transferred would represent costs associated with local partnership
agreements approved by the Subcabinet for children, youth and families.

SECTION 17. AND BE IT FURTHER ENACTED, That funds appropriated to
the various State agency programs and subprograms in Comptroller objects 0152
(Health Insurance), 0154 (Retirees Health Insurance Premiums), 0175 (Workers'
Compensation), 0217 (Health Insurance - MDOT only), and 0305 (DBM Paid
Telecommunications) are to be utilized for their intended purposes only. The
expenditure or transfer of these funds for other purposes requires the prior approval
of the Secretary of Budget and Management. Notwithstanding any other provision of
law, the Secretary of Budget and Management may transfer amounts appropriated in
Comptroller object 0305 between State departments and agencies by approved budget
amendment in fiscal year 2004 and fiscal year 2005.

SECTION 18. AND BE IT FURTHER ENACTED, That the Board of Public
Works, in exercising its authority to create additional positions pursuant to Section
7-236 of the State Finance and Procurement Article, may authorize during the fiscal
year no more than 250 50 positions in excess of the total number of authorized State
positions on July 1, 2004, as determined by the Secretary of Budget and Management.
Provided, however, that if the imposition of this ceiling causes undue hardship in any
department, agency, board, or commission, additional positions may be created for
that affected unit to the extent that positions authorized by the General Assembly for
the fiscal year are abolished in that unit or in other units of State government. It is
further provided that the limit of 350 50 does not apply to any position that may be
created in conformance with specific manpower statutes that may be enacted by the
State or federal government nor to any positions created to implement block grant
actions or to implement a program reflecting fundamental changes in federal/State
relationships. Notwithstanding anything contained in this section, the Board of

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