§ 16-203. Ability to pay; joint and several payment liability
West's Annotated Code of MarylandHealth--GeneralEffective: October 1, 2017
Effective: October 1, 2017
MD Code, Health - General, § 16-203
§ 16-203. Ability to pay; joint and several payment liability
(a)(1) The cost of care of a recipient of services shall be determined in accordance with the charges for services set under § 16-201 of this subtitle.
(4) Liability may not be imposed under this title on a responsible relative if any responsible relative has been the victim of sexual abuse, physical abuse, or a crime of violence as defined in § 14-101 of the Criminal Law Article perpetrated by the recipient of services. The Department shall adopt regulations that define “sexual abuse, physical abuse, or a crime of violence” as defined in § 14-101 of the Criminal Law Article for the purposes of this paragraph.
(b)(1) The Department:
(c)(1) In this subsection, “total lifetime hospitalization” means the sum total of all periods of inpatient hospitalization for a recipient of services in any State hospital or facility whether these periods are intermittent or continuous.
(2) If a chargeable person has paid for the first 24 months of total lifetime hospitalization of a recipient of services, the liability of that chargeable person for care of the recipient of services after that period may not exceed 15 percent of the charges for services set under § 16-201 of this subtitle.
(3) The sum of any proceeds of applicable insurance, group health plan, or prepaid medical care that the insurer or plan pays because of liability for the payment of or repayment for the cost of care provided to the recipient of services does not count as payments paid by a chargeable person for the purpose of determining the total lifetime hospitalization of a recipient of services.
(d) The Department may set the amount of payments retroactively:
(i) The recipient of services, the responsible relatives of the recipient, or any other person, agency, or organization that has a summary of financial, medical, or psychological diagnoses about the recipient of services has failed or refused to give that information to the Department when the obtaining and use of this information is connected to the Department's billing and collection functions under this subtitle; or
Credits
Added by Acts 1982, c. 21, § 2, eff. July 1, 1982. Amended by Acts 1986, c. 423, § 1, eff. July 1, 1986; Acts 1987, c. 607, § 1, eff. July 1, 1987; Acts 1988, c. 6, § 1, eff. July 1, 1988; Acts 2002, c. 213, § 6, eff. Oct. 1, 2002; Acts 2017, c. 540, § 1, eff. Oct. 1, 2017; Acts 2017, c. 541, § 1, eff. Oct. 1, 2017.
Formerly Art. 43, § 601; Art. 59, §§ 3, 39; Art. 59A, §§ 3, 24.
MD Code, Health - General, § 16-203, MD HEALTH GEN § 16-203
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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