§ 16-204. Ability to pay; collections
West's Annotated Code of MarylandHealth--GeneralEffective: October 1, 2015
Effective: October 1, 2015
MD Code, Health - General, § 16-204
§ 16-204. Ability to pay; collections
(a)(1) Except as provided in subsections (b) and (c) of this section, all payments made under this subtitle for services provided through a facility or program of the Department shall be:
(b)(1) The Department may collect fees from persons certified for Kidney Disease Program benefits prior to providing these benefits in accordance with Title 13, Subtitle 3 of this article. Any fee collected by the Department for kidney disease services may be kept by the Department only to maintain and operate the State Kidney Disease Program.
(2) Subject only to the limitations provided in Title 13, Subtitle 3 of this article and in the provisions of the State budget for the State Kidney Disease Program, the Department may require providers of services in State or privately operated kidney disease centers and providers of prescription drugs and other pharmaceutical products to seek all available third party reimbursement prior to billing the program.
(c) The Department may collect fees from a core service agency or local behavioral health authority for the cost of treatment of individuals whom the core service agency authorizes as eligible for admission into a State facility as described in Title 10, Subtitle 4 of this article. Any such fees collected by the Department for the admission and treatment of individuals authorized by the core service agency or local behavioral health authority shall be kept by the Department to be used to maintain and operate the respective State facility.
(d)(1) If a recipient of services dies, the Department may make a claim against the estate of the recipient for any unpaid fees established for that recipient.
(4) If a responsible relative who is liable for the cost of care of the recipient of services has misrepresented assets or submitted fraudulent information and, by doing so, has avoided any part of the claim for the cost of care, there is no limitation on the time in which the claim may be brought against the estate.
(e)(1) The Department may institute any proceedings that the Department considers necessary to require collection of the established but uncollected payments.
Credits
Added by Acts 1982, c. 21, § 2, eff. July 1, 1982. Amended by Acts 1985, c. 717, § 1, eff. Oct. 1, 1985; Acts 1991, c. 439, § 1, eff. May 14, 1991; Acts 1996, c. 349, § 13, eff. July 1, 1996; Acts 1997, c. 325, § 1, eff. Oct. 1, 1997; Acts 2015, c. 469, § 2, eff. Oct. 1, 2015; Acts 2017, c. 62, § 6.
Formerly Art. 43, § 601; Art. 59, § 39; Art. 59A, § 24.
MD Code, Health - General, § 16-204, MD HEALTH GEN § 16-204
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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