reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Health - General › Title 15 - Assistance Programs › Subtitle 4 - Qualified State Long-Term Care Insurance Partnership › Section 15-406 - Public Education

The Commissioner, through the Consumer Education and Advocacy Program, shall undertake measures to educate the public as to:
(1)    The need for long–term care;
(2)    Mechanisms for financing long–term care;
(3)    The availability of long–term care insurance; and
(4)    The asset protection provided under this subtitle.
2023 Maryland Statutes › Health - General › Title 15 - Assistance Programs › Subtitle 4 - Qualified State Long-Term Care Insurance Partnership › Section 15-407 - Regulations; Report to General Assembly

The Department and the Commissioner shall jointly:
(1)    Adopt regulations necessary to carry out the provisions of this subtitle consistent with § 1917(b) of the Social Security Act and any applicable federal guidelines; and
(2)    Beginning January 1, 2009, and on or before January 1 of each year thereafter, report to the General Assembly, in accordance with § 2–1257 of the State Government Article on:
(i)    The effectiveness of the Program;
(ii)    The impact of the Program on State expenditures for medical assistance;
(iii)    The number of enrollees in the Program; and
(iv)    The number of long–term care policies offered in the State under the Program.
2023 Maryland Statutes › Health - General › Title 15 - Assistance Programs › Subtitle 5 - Evaluation and Planning Services › Section 15-501 - Evaluation and Planning Services

(a)    An individual who is eligible for medical assistance at the time of application for admission to a licensed nursing home or would become eligible within 6 months following admission shall be provided a comprehensive face–to–face evaluation prior to admission, at no charge to the individual. The Department, under the Maryland Medical Assistance Program, shall pay for the evaluation. The evaluation shall include an assessment of an individual’s health, social and functional status, and recommendations for available services that could appropriately substitute for nursing home care. The evaluation is advisory only and may not serve as the basis for any action, including denial or commencement of benefits, that restricts the freedom of any individual to select from among any of the available services, including nursing home care, for which the individual is found to be medically eligible. Prior to beginning the evaluation process and annually thereafter, the Department shall prepare and publish an inventory of available services for use in the evaluation and shall provide this information for assistance to the individual upon completion of the evaluation.
(b)    The Department shall adopt rules and regulations to carry out the provisions of this section.
(c)    This section may not be construed to require a hospital or physician to detain a patient for an evaluation beyond the appropriate date of discharge.
2023 Maryland Statutes › Health - General › Title 15 - Assistance Programs › Subtitle 6 - Prescription Drug Repository Program › Section 15-601 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Board” means the State Board of Pharmacy.
(c)    “Drop–off site” means a pharmacy or other health care facility designated by the Board that:
(1)    Has voluntarily agreed to accept donated prescription drugs or medical supplies; and
(2)    Does not have a final disciplinary order issued against it by a health occupations board.
(d)    “Program” means the Prescription Drug Repository Program.
(e)    “Repository” means a licensed pharmacy that:
(1)    Does not have a final disciplinary order issued against it by the Board of Pharmacy;
(2)    Has voluntarily agreed to participate in the Program; and
(3)    Has been approved by the Board to:
(i)    Accept donated prescription drugs or medical supplies from a designated drop–off site;
(ii)    Dispense the donated prescription drugs or medical supplies to needy individuals; or
(iii)    Dispose of prescription drugs or medical supplies not accepted for dispensing to needy individuals.
2023 Maryland Statutes › Health - General › Title 15 - Assistance Programs › Subtitle 6 - Prescription Drug Repository Program › Section 15-602 - Establishment; Purpose

(a)    There is a Prescription Drug Repository Program regulated by the Board.
(b)    The purpose of the Program is to:
(1)    Accept prescription drugs and medical supplies donated for the purpose of dispensing to needy individuals; and
(2)    Accept prescription drugs and medical supplies returned to a pharmacy for the purpose of proper disposal.
2023 Maryland Statutes › Health - General › Title 15 - Assistance Programs › Subtitle 6 - Prescription Drug Repository Program › Section 15-603 - Acceptance of Prescription Drugs and Medical Supplies

(a)    Except as provided in subsection (b) of this section, the Program may accept for the purpose of dispensing only:
(1)    Prescription drugs in their original unopened, sealed, and tamper-evident unit dose packaging; and
(2)    Medical supplies in their original unopened and sealed packaging.
(b)    The Program may accept and dispense prescription drugs packaged in single unit doses when the outside packaging is opened if the single unit dose packaging is undisturbed.
(c)    The Program may not accept prescription drugs or medical supplies for dispensing that:
(1)    Bear an expiration date that is less than 90 days from the date the drug is donated;
(2)    May be adulterated, according to the standards of § 21-216 of this article; or
(3)    Belong to a category of unacceptable drugs established under § 15-608(b)(1) of this subtitle.
2023 Maryland Statutes › Health - General › Title 15 - Assistance Programs › Subtitle 6 - Prescription Drug Repository Program › Section 15-604 - Donation of Prescription Drugs and Medical Supplies

(a)    Any person may donate prescription drugs or medical supplies to the Program.
(b)    Prescription drugs or medical supplies may be donated only at a drop-off site designated for that purpose by the Board.
(c)    A drop-off site shall:
(1)    Require a donor to complete and sign a donor form releasing the prescription drugs or medical supplies to the Program;
(2)    Store donated prescription drugs and medical supplies in a secure location used exclusively for the Program; and
(3)    Forward, at the cost of the designated drop-off site, all donated prescription drugs and medical supplies to a central repository.
(d)    A drop-off site may not:
(1)    Dispense donated prescription drugs or medical supplies;
(2)    Resell prescription drugs or medical supplies donated to the Program; or
(3)    Charge a fee for accepting a donation.
2023 Maryland Statutes › Health - General › Title 15 - Assistance Programs › Subtitle 6 - Prescription Drug Repository Program › Section 15-605 - Repository

(a)    The Board may approve Medbank of Maryland, Inc., or another licensed pharmacy, to be a repository.
(b)    Consistent with its approval by the Board, a repository shall:
(1)    Accept only donated prescription drugs and medical supplies forwarded by designated drop–off sites;
(2)    Inspect all donated prescription drugs and medical supplies;
(3)    Accept for dispensing to needy individuals only those donated prescription drugs and medical supplies that meet the requirements of § 15–603 of this subtitle;
(4)    Dispose of donated prescription drugs and medical supplies not accepted for dispensing to needy individuals in accordance with State and federal law;
(5)    Maintain a separate inventory of donated prescription drugs and medical supplies;
(6)    Store donated prescription drugs and medical supplies in a secure location used exclusively for the Program;
(7)    Maintain separate prescription files for patients receiving donated prescription drugs and medical supplies; and
(8)    Obliterate from the labels of donated prescription drugs and medical supplies any information specific to the patient for whom the donated prescription drugs and medical supplies were originally dispensed.
(c)    A repository shall dispense donated prescription drugs and medical supplies only:
(1)    To an individual who meets the requirements of § 15-606 of this subtitle;
(2)    On a new prescription, in the case of a prescription drug or medical supply that requires a prescription; and
(3)    In accordance with State and federal laws pertaining to:
(i)    Storage, distribution, and dispensing of prescription drugs; and
(ii)    Confidentiality of patient information.
(d)    A repository may:
(1)    Charge a fee, not to exceed $10, for each prescription drug or medical supply dispensed; and
(2)    Dispense a donated prescription drug or medical supply by mail, provided that the repository informs the patient that a delay may be entailed.
(e)    A repository may not establish or maintain a waiting list for any prescription drug or medical supply dispensed by the Program.
(f)    A pharmacy may accept prescription drugs and medical supplies taken to the pharmacy for disposal only if the pharmacy is approved by the Board as a repository for this purpose.
(g)    The Program may not require a private entity to establish, operate, or fund a drop–off site or disposal program.
2023 Maryland Statutes › Health - General › Title 15 - Assistance Programs › Subtitle 6 - Prescription Drug Repository Program › Section 15-607 - Immunity

(a)    This section applies to:
(1)    A person that donates prescription drugs or medical supplies to the Program;
(2)    A drop–off site;
(3)    A repository;
(4)    The Board; and
(5)    Pharmacists.
(b)    For matters related to donating, accepting, disposing of, or dispensing prescription drugs or medical supplies under the Program, a person described in subsection (a) of this section that acts in good faith may not be subject to:
(1)    Criminal prosecution; or
(2)    Liability in tort or other civil action for injury, death, or loss to person or property.
(c)    A drug manufacturer acting in good faith may not be subject to criminal prosecution or liability in tort or other civil action for injury, death, or loss to person or property for matters related to the donation, acceptance, or dispensing of a drug manufactured by the drug manufacturer that is donated by any person under the Program, including liability for failure to transfer or communicate product or consumer information or the expiration date of the donated drug.
2023 Maryland Statutes › Health - General › Title 15 - Assistance Programs › Subtitle 6 - Prescription Drug Repository Program › Section 15-608 - Regulations

(a)    On or before January 1, 2007, and in consideration of the recommendations of the Task Force on the Establishment of a Prescription Drug Repository Program, the Board shall adopt regulations governing the Program.
(b)    The regulations shall include:
(1)    Categories of drugs that a repository will not accept, including a statement as to why the drug is ineligible for donation;
(2)    A standard form each donor must sign stating that the donor is the owner of the drugs and intends to voluntarily donate them to the Program;
(3)    Requirements for designation of drop–off sites to accept donated prescription drugs and medical supplies under the Program;
(4)    Requirements for designation of repositories to dispense or dispose of donated prescription drugs and medical supplies under the Program;
(5)    Standards and procedures for accepting, safely storing, dispensing, shipping, and disposing of donated prescription drugs and medical supplies;
(6)    Standards and procedures for inspecting donated prescription drugs and medical supplies intended for dispensing to determine that:
(i)    The original packaging is:
1.    Sealed and tamper–evident; and
2.    In the case of prescription drugs, in the undisturbed single unit dose packaging; and
(ii)    The prescription drugs and medical supplies are unadulterated, safe, and suitable for dispensing;
(7)    A standard form for health care practitioners to submit to a repository to indicate a patient’s need for the Program;
(8)    A standard form that an individual receiving a prescription drug or medical supply from the Program must sign before receiving the drug or supply to confirm that the individual understands that:
(i)    The individual is receiving prescription drugs or medical supplies that have been donated to the Program; and
(ii)    Entities involved in the Program have certain immunity from liability;
(9)    Record keeping and reporting requirements for a repository; and
(10)    Any other standards and procedures the Board considers appropriate.
2023 Maryland Statutes › Health - General › Title 15 - Assistance Programs › Subtitle 6 - Prescription Drug Repository Program › Section 15-609 - Records and Reports; Inspections

(a)    A repository shall:
(1)    Maintain records of donated prescription drugs and medical supplies; and
(2)    Submit periodic reports to the Board on its activities.
(b)    To determine compliance with the requirements of this subtitle, the Board shall:
(1)    Inspect designated drop–off sites and repositories;
(2)    Inspect records of donated prescription drugs and medical supplies maintained by the repository; and
(3)    Beginning January 1, 2007, and each January 1 thereafter, report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly on the operation of the Program.
2023 Maryland Statutes › Health - General › Title 15 - Assistance Programs › Subtitle 7 - Health Care Coverage Fund › Section 15-702 - Assessments for Publicly Owned Specialty Hospitals; Use of Revenues

(a)    The Department shall ensure that publicly owned specialty hospitals pay an assessment that is comparable to any uniform assessments imposed by the Health Services Cost Review Commission on specialty hospitals under § 19–214(d) of this article or under Section 16 of Chapter 397 (H.B. 72) of the Acts of the General Assembly of 2011.
(b)    Revenues generated from any assessments authorized under subsection (a) of this section shall be used for the general operations of the Medicaid program.
2023 Maryland Statutes › Health - General › Title 15 - Assistance Programs › Subtitle 9 - Collective Bargaining by Independent Home Care Providers › Section 15-901 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Independent home care provider” means an individual who:
(1)    Provides home care services that are directly reimbursed by the State or a fiscal intermediary functioning on behalf of the State, and not by an agency or business that employs employees or refers independent contractors as home care providers, under:
(i)    The Medicaid Waiver for Older Adults that is jointly administered by the Department and the Department of Aging as established under § 15–132 of this title, or any successor program;
(ii)    The Medicaid Personal Care Program under the State Medical Assistance Program, or any successor program; and
(iii)    The In–Home Aide Service Program administered by the Department of Human Services, or any successor program;
(2)    Is not employed or referred by an agency or business that employs employees or refers independent contractors as home care providers;
(3)    Contracts directly with a program participant for home care services; and
(4)    Provides home care services to a program participant personally and does not subcontract with any other party to provide the services to a program participant.
(c)    (1)    “Provider organization” means an organization that:
(i)    Includes independent home care providers; and
(ii)    Has as one of its purposes the representation of independent home care providers in their relations with the State.
(2)    “Provider organization” does not include an agency or business that employs employees or refers independent contractors as home care providers.
2023 Maryland Statutes › Health - General › Title 15 - Assistance Programs › Subtitle 9 - Collective Bargaining by Independent Home Care Providers › Section 15-902 - Legislative Intent

In according independent home care providers and their representatives rights under this subtitle, it is the intent of the General Assembly that the State action exemption to the application of federal and State antitrust laws be fully available to the extent that the activities of the independent home care providers and their representatives are authorized under this title.
2023 Maryland Statutes › Health - General › Title 15 - Assistance Programs › Subtitle 9 - Collective Bargaining by Independent Home Care Providers › Section 15-903 - Bargaining Unit

(a)    There shall be only one appropriate bargaining unit of independent home care providers in the State.
(b)    Independent home care providers may designate, in accordance with the provisions of this subtitle, which provider organization, if any, shall be the exclusive representative of all independent home care providers in the State.
(c)    (1)    The election and certification of the exclusive representative of independent home care providers shall be governed by the procedures set forth in Title 3, Subtitle 4 of the State Personnel and Pensions Article.
(2)    All elections shall be conducted by the State Labor Relations Board and subject to the requirements and limitations of Title 3, Subtitle 4 of the State Personnel and Pensions Article.
(3)    The State Labor Relations Board may not conduct an election for an exclusive representative if an election or certification of an exclusive representative has taken place within the preceding 2 years.
(4)    A provider organization designated as the exclusive representative shall represent all independent home care providers in the State fairly and without discrimination, whether or not the independent home care providers are members of the provider organization.
2023 Maryland Statutes › Health - General › Title 15 - Assistance Programs › Subtitle 9 - Collective Bargaining by Independent Home Care Providers › Section 15-905 - Communication With State Officials on Matters of Interest

The certification of an exclusive representative of independent home care providers by the State agencies engaged in collective bargaining under this subtitle does not prevent the certified provider organization or any other organization or individual from communicating with any State official on matters of interest, including appearing before or making proposals to the State agencies engaged in collective bargaining at a public meeting or hearing or at any other forum of the State agencies.
2023 Maryland Statutes › Health - General › Title 15 - Assistance Programs › Subtitle 9 - Collective Bargaining by Independent Home Care Providers › Section 15-906 - Strikes Prohibited

(a)    A provider organization may not call or direct a strike or other collective cessation of the delivery of services.
(b)    This subtitle may not be construed to grant any right, or imply that independent home care providers have any right, to engage in a strike or other collective cessation of the delivery of services.
2023 Maryland Statutes › Health - General › Title 15 - Assistance Programs › Subtitle 9 - Collective Bargaining by Independent Home Care Providers › Section 15-907 - Construction of Subtitle

(a)    This subtitle may not be construed to make independent home care providers employees of the State.
(b)    This subtitle may not be construed in any way to deny program recipients of independent home care services the right to select, direct, and terminate the services of independent home care providers.
2023 Maryland Statutes › Health - General › Title 15 - Assistance Programs › Subtitle 10 - Senior Prescription Drug Assistance Program › Section 15-1001 - Definitions [Subtitle Subject to Abrogation]

// EFFECTIVE UNTIL DECEMBER 31, 2024 PER CHAPTERS 462 AND 463 OF 2018 //
(a)    In this subtitle the following words have the meanings indicated.
(b)    “Eligible individual” means an individual who:
(1)    Is a resident of Maryland;
(2)    Is a Medicare beneficiary enrolled in the Medicare Part D Voluntary Prescription Drug Benefit Program or a Medicare Advantage Plan that provides Part D coverage;
(3)    Is not enrolled in a health benefit plan, other than a Medicare Part D prescription drug plan or a Medicare Advantage Plan, that provides prescription drug benefits at the time that the individual applies for enrollment in the Program;
(4)    Has an annual household income at or below 300% of the federal poverty guidelines;
(5)    Is not eligible for a full federal low–income subsidy under 42 C.F.R. § 423.772; and
(6)    Pays the premium, and copayments or coinsurance, for the Program.
(c)    “Enrollee” means an individual enrolled in the Program.
(d)    “Fund” means the Senior Prescription Drug Assistance Program Fund established under § 15–1004 of this subtitle.
(e)    “Program” means the Senior Prescription Drug Assistance Program established under this subtitle.
2023 Maryland Statutes › Health - General › Title 15 - Assistance Programs › Subtitle 10 - Senior Prescription Drug Assistance Program › Section 15-1002 - Program Established [Subtitle Subject to Abrogation]

// EFFECTIVE UNTIL DECEMBER 31, 2024 PER CHAPTERS 462 AND 463 OF 2018 //
(a)    There is a Senior Prescription Drug Assistance Program.
(b)    The purpose of the Program is to provide Medicare Part D beneficiaries, who meet Program eligibility requirements, with a State subsidy.
(c)    The Department shall administer the Program.
2023 Maryland Statutes › Health - General › Title 15 - Assistance Programs › Subtitle 10 - Senior Prescription Drug Assistance Program › Section 15-1003 - General Consideration. [Subtitle Subject to Abrogation]

// EFFECTIVE UNTIL DECEMBER 31, 2024 PER CHAPTERS 462 AND 463 OF 2018 //
(a)    The Program shall:
(1)    Provide a prescription drug benefit subsidy, as determined by the Department, that may pay all or some of the deductibles, coinsurance payments, premiums, and copayments under the federal Medicare Part D Pharmaceutical Assistance Program for enrollees of the Program; and
(2)    Provide the subsidy to the maximum number of individuals eligible for enrollment in the Program, subject to the money available in the Fund.
(b)    The Program may limit payment of any subsidy by paying the subsidy only on behalf of eligible individuals enrolled in a Medicare Part D Prescription Drug Plan or Medicare Advantage Plan that coordinates with the Program in accordance with federal requirements.
(c)    The Program may annually provide an additional subsidy, up to the full amount of the Medicare Part D Prescription Drug Plan premium, for individuals who qualify for a partial federal low–income subsidy.
(d)    The Department shall maintain a waiting list of individuals who meet the eligibility requirements for the Program but who are not served by the Program due to funding limitations.
(e)    The Department shall determine annually:
(1)    The number of individuals to be enrolled in the Program;
(2)    The amount of subsidy to be provided under subsection (a) of this section; and
(3)    The amount of any additional subsidy provided under subsection (c) of this section.
2023 Maryland Statutes › Health - General › Title 15 - Assistance Programs › Subtitle 10 - Senior Prescription Drug Assistance Program › Section 15-1004 - Senior Prescription Drug Assistance Program Fund. [Subtitle Subject to Abrogation]

// EFFECTIVE UNTIL DECEMBER 31, 2024 PER CHAPTERS 462 AND 463 OF 2018 //
(a)    There is a Senior Prescription Drug Assistance Program Fund.
(b)    The purpose of the Fund is to support the administration, operation, and activities of the Program.
(c)    The Department shall administer the Fund.
(d)    (1)    The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.
(2)    The State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund.
(e)    The Fund consists of:
(1)    Money transferred to the Fund by a nonprofit health service plan under § 14–106(d) of the Insurance Article;
(2)    Money appropriated in the State budget to the Fund;
(3)    Interest earnings of the Fund; and
(4)    Any other money from any other source accepted for the benefit of the Fund.
(f)    (1)    Except as provided in paragraph (2) of this subsection, the Fund may be used only for the administration, operation, and activities of the Program.
(2)    For fiscal year 2018 only, excess funds not required for the administration, operation, and activities of the Program may be used only to subsidize:
(i)    The Kidney Disease Program under Title 13, Subtitle 3 of this article; or
(ii)    The provision of mental health services to the uninsured under Title 10, Subtitle 2 of this article.
(g)    (1)    The State Treasurer shall invest the money of the Fund in the same manner as other State money may be invested.
(2)    Any interest earnings of the Fund shall be credited to the Fund.
(h)    (1)    Expenditures from the Fund may be made only in accordance with the State budget.
(2)    The Program shall have its own program code within the State budget.
(i)    (1)    Beginning July 1, 2016, and quarterly thereafter, the nonprofit health service plan required to subsidize the Program under § 14–106(d) of the Insurance Article shall deposit to the Fund the amount that is necessary to operate and administer the Program for the following quarter.
(2)    The amount deposited shall be determined by the Department based on enrollment, expenditures, and revenue for the previous year.
(3)    The amount required by the Department under paragraph (2) of this subsection may not exceed the amounts specified in § 14–106(e) of the Insurance Article.
2023 Maryland Statutes › Health - General › Title 15 - Assistance Programs › Subtitle 10 - Senior Prescription Drug Assistance Program › Section 15-1005 - Report; Regulations [Subtitle Subject to Abrogation]

// EFFECTIVE UNTIL DECEMBER 31, 2024 PER CHAPTERS 462 AND 463 OF 2018 //
(a)    On or before June 30 of each year, the Department shall submit a report to the Governor and, in accordance with § 2–1257 of the State Government Article, to the General Assembly that includes a summary of Program activities for the year and any recommendations for consideration by the General Assembly.
(b)    (1)    The Department shall adopt regulations to carry out this subtitle.
(2)    The Department may adopt regulations that require an insurance producer to receive training about the Program before the insurance producer may market the Program or assist a Medicare beneficiary to enroll in the Program.
(3)    Subject to § 10–116(d) of the Insurance Article, training received under paragraph (2) of this subsection qualifies as continuing education under § 10–116(a) of the Insurance Article.
2023 Maryland Statutes › Health - General › Title 15 - Assistance Programs › Subtitle 10 - Senior Prescription Drug Assistance Program › Section 15-1006 - Outreach Materials; Publication; Application Assistance [Subtitle Subject to Abrogation]

// EFFECTIVE UNTIL DECEMBER 31, 2024 PER CHAPTERS 462 AND 463 OF 2018 //
(a)    For the purpose of maximizing participation in the Program, the Department may develop outreach materials for distribution to eligible individuals.
(b)    The Department shall publicize the existence and eligibility requirements of the Program through the following entities:
(1)    The Department of Aging;
(2)    Local health departments;
(3)    Continuing care retirement communities;
(4)    Places of worship;
(5)    Civic organizations;
(6)    Community pharmacies; and
(7)    Any other entity that the Department determines appropriate.
(c)    The Department of Aging, through its Senior Health Insurance Program, shall:
(1)    Assist eligible individuals in applying for coverage under the Program; and
(2)    Provide notice of the Program and its eligibility requirements to potentially eligible individuals who seek health insurance counseling services through the Department of Aging.
(d)    The Department shall develop a mail–in application for the Program.
(e)    Any outreach performed by the Department on behalf of the Program shall be funded through the Fund.
2023 Maryland Statutes › Health - General › Title 16 - Reimbursements and Collections › Subtitle 1 - Definitions; Legislative Policy › Section 16-101 - Definitions

(a)    In this title the following words have the meanings indicated.
(b)    (1)    As to a recipient of services under the Maryland Developmental Disabilities Law, a word used in this title has the same meaning as is indicated by a definition of the word in § 7–101 of this article.
(2)    As to a recipient of services under the Maryland Mental Health Law, a word used in this title has the same meaning as is indicated by a definition of the word in § 7.5–101 or § 10–101 of this article.
(c)    “Chargeable person” means:
(1)    Any responsible relative;
(2)    Except for a recipient of services, any other person who is legally responsible for the care of the individual; and
(3)    Any person who maintains a policy of health insurance under which a recipient of services is insured.
(d)    (1)    “Cost of care” means the cost of care, maintenance, treatment, and support of a recipient of services.
(2)    “Cost of care” includes the cost of:
(i)    An evaluation of an individual required under the Maryland Developmental Disabilities Law; and
(ii)    Any juvenile screening or treatment service provided to an individual under § 9–227(b)(1)(ii) of the Human Services Article.
(e)    (1)    “Recipient of services” means an individual who receives care, maintenance, treatment, or support in a facility or program that is operated or funded wholly or partly by the Department.
(2)    “Recipient of services” includes:
(i)    An individual in a public facility under the Maryland Mental Health Law;
(ii)    An individual in a facility for an evaluation required under the Maryland Developmental Disabilities Law;
(iii)    An individual in a residential, public facility or a facility from which this State obtains residential care under the Maryland Developmental Disabilities Law;
(iv)    An individual to whom juvenile screening or treatment services are provided under § 9–227(b)(1)(ii) of the Human Services Article; and
(v)    An individual in a private therapeutic group home from which this State obtains residential care under the Maryland Mental Health Law.
(f)    “Responsible relative” means:
(1)    The spouse of a recipient of services; and
(2)    The parents of a recipient of services who is a minor.
2023 Maryland Statutes › Health - General › Title 16 - Reimbursements and Collections › Subtitle 1 - Definitions; Legislative Policy › Section 16-102 - Responsibility for Cost of Care

(a)    It is the policy of this State to obligate each recipient of services and, to the extent provided in this title, those legally responsible for the recipient to pay, if financially able, for the cost of care that is received by the recipient of services. Unless otherwise provided by statute, the recipient of services and the chargeable person shall be responsible for payment regardless of whether the recipient of services was admitted voluntarily, involuntarily, or by court order. If the recipient of services is involuntarily admitted to a public facility and released after evaluation, for failure to meet the standards for involuntary commitment, the recipient of services or chargeable person shall not be responsible for the cost of care.
(b)    The total cost of care of each recipient of services is, in the first instance, the responsibility of the recipient of services and, as provided in this title, the chargeable person. Any uncollectible costs for services provided to the recipient shall become the responsibility of this State.
2023 Maryland Statutes › Health - General › Title 16 - Reimbursements and Collections › Subtitle 2 - General Provisions › Section 16-201 - Establishment of Charges for Services

(a)    The Secretary shall adopt rules and regulations that set charges for services that the Department provides for the physically ill, aged, mentally disordered, intellectually disabled, and developmentally disabled and other recipients of services in or through State–operated:
(1)    Clinics;
(2)    Day care, day treatment, and day hospital care;
(3)    Group homes and small residential homes;
(4)    Inpatient care in regional and State hospitals and centers; and
(5)    Inpatient and outpatient care of any other kind.
(b)    (1)    The Secretary shall require political subdivisions and grantees to set, subject to approval and modifications of the Secretary, charges for services that are provided by the political subdivisions or grantees and that are supported wholly or partly by State or federal funds administered by the Department.
(2)    If a health officer for a political subdivision considers it to be in the best interest of public health, the health officer may waive a charge set under this subsection.
(c)    Charges for services shall be set at least annually.
(d)    If the Secretary considers it to be in the best interest of the public health, the Secretary may designate specific services for which a charge may not be made.
2023 Maryland Statutes › Health - General › Title 16 - Reimbursements and Collections › Subtitle 2 - General Provisions › Section 16-201.1 - Services and Ability-to-Pay Schedule for Local Health Agency Prenatal and Infant Care Services

(a)    The Secretary shall make an assessment of the Department’s health care services and ability-to-pay schedule for prenatal and infant care services offered through local health agencies.
(b)    The assessment shall include the following:
(1)    The availability of efficient health care services and providers;
(2)    The identification of health care services that are not available;
(3)    Access to health care;
(4)    The need for specific health care;
(5)    An evaluation of alternative means of providing health care services; and
(6)    Financial and manpower resources required and available.
(c)    An applicant for services under this section shall receive:
(1)    A personal financial consultation without charge to assess the applicant’s ability to pay for health care offered through local health agencies; and
(2)    Notification of the right to obtain services offered through local health agencies regardless of ability to pay.
(d)    (1)    The Secretary shall adopt regulations necessary to carry out the provisions of this section.
(2)    Local health agencies shall implement uniform procedures to notify and consult potential prenatal and infant care services recipients.
(3)    Reduced rates for recipients of services shall be applied fairly and uniformly, and according to the sliding fee scale developed by the Department.
2023 Maryland Statutes › Health - General › Title 16 - Reimbursements and Collections › Subtitle 2 - General Provisions › Section 16-201.2 - Cost-of-Living Adjustment

(a)    (1)    In this section the following words have the meanings indicated.
(2)    “Community developmental disabilities services provider” means a community–based developmental disabilities program licensed by the Department.
(3)    “Community mental health services provider” means a community–based mental health program approved by the Department or an individual practitioner who contracts with the Department or the appropriate core service agency or local behavioral health authority.
(4)    “Core service agency” has the meaning stated in § 7.5–101 of this article.
(5)    “Eligible individual” means a Medicaid recipient or an individual who receives developmental disabilities services or mental health services subsidized in whole or in part by the State.
(6)    “Local behavioral health authority” has the meaning stated in § 7.5–101 of this article.
(b)    Notwithstanding the provisions of this subtitle, the Department shall reimburse a community developmental disabilities services provider or a community mental health services provider for approved services rendered to an eligible individual as provided in this section.
(c)    (1)    Subject to the limitations of the State budget, beginning in fiscal year 2008 and in each fiscal year thereafter, the Department shall adjust for inflation the fees paid to a community developmental disabilities services provider and a community mental health services provider for approved services rendered to an eligible individual using the update factor recommended by the Community Services Reimbursement Rate Commission.
(2)    Annual adjustments shall be funded with due regard to the expenditures necessary to meet the needs of individuals receiving services.
(3)    The annual rate of change for the fees may not exceed a maximum rate of 5%.
2023 Maryland Statutes › Health - General › Title 16 - Reimbursements and Collections › Subtitle 2 - General Provisions › Section 16-201.5 - Additional Funding for Costs at Nursing Homes. [Abrogated]

// EFFECTIVE UNTIL DECEMBER 31, 2022 PER CHAPTERS 29 AND 31 OF 2021 SPECIAL SESSION //
(a)    (1)    In this section the following words have the meanings indicated.
(2)    “Provider” means a provider of nursing home services.
(3)    “Rate” means the reimbursement rate paid by the Department to providers of nursing home services from the General Fund of the State, Maryland Medical Assistance Program funds, other State or federal funds, or a combination of these funds.
(b)    (1)    It is the intent of the General Assembly that  the Governor include additional funding in the budget of up to $5,500,000 in fiscal year 2021 and $22,000,000 in fiscal year 2022 in the budget to cover the cost of COVID–19 testing of nursing home staff and residents during calendar year 2021.
(2)    The additional funding provided under paragraph (1) of this subsection shall be in addition to any other provider rate increases included in the budget for fiscal years 2021 and 2022.
(3)    Any funding provided in accordance with paragraph (1) of this subsection shall consist only of federal funding allocated to the State under the Coronavirus Response and Relief Supplemental Appropriations Act and any other federal legislation enacted in calendar years 2020 through 2022 to provide funding required under this subsection.
2023 Maryland Statutes › Health - General › Title 16 - Reimbursements and Collections › Subtitle 2 - General Provisions › Section 16-202 - Determination of Financial Ability to Pay; Use and Confidentiality of Financial Information and Medical or Psychological Diagnoses

(a)    To determine the ability to pay for the cost of care of a recipient of services, the Department shall investigate the financial condition of:
(1)    The recipient of services; and
(2)    Each chargeable person to the extent that the recipient of services is unable to pay this cost of care.
(b)    In determining the financial condition of persons under this section, public assistance payments shall be taken into consideration as financial resources.
(c)    (1)    In its investigations, the Department may require the recipient of services, any chargeable person, and any other person to submit reports to the Department on the forms that the Department provides.
(2)    If any person refuses or otherwise fails to file a required report, on petition of the Department, the circuit court for the county where the person resides or does business may compel the filing of the report.
(d)    (1)    Notwithstanding any other provision of law to the contrary, the Department or its designated financial agent may obtain and use financial information and, if and when necessary, a summary of medical and psychological diagnoses regarding a recipient of services if the obtaining and use of this information is connected to the Department’s billing and collection functions under this subtitle. The Department shall obtain a release from the recipient of services or a chargeable person to secure information from a financial institution.
(2)    (i)    Except as provided in subparagraph (ii) of this paragraph, all information obtained by the Department or its designated agent under paragraph (1) of this subsection shall be treated as confidential.
(ii)    If the financial information is connected to the treatment or care of a recipient of services under this subtitle, the Department or its designated financial agent may disclose the financial information obtained under paragraph (1) of this subsection to a designated clinical representative of a facility.
(e)    As to services that are provided by a political subdivision or grantee, the Department may delegate to the political subdivision or grantee the investigation of financial condition and the determination and collection of the amount payable. However, the political subdivision or grantee shall follow each law and each rule and regulation of the Department that relates to the investigation and determination.
2023 Maryland Statutes › Health - General › Title 16 - Reimbursements and Collections › Subtitle 2 - General Provisions › Section 16-205 - Alternative Requirements

Instead of the requirements of this subtitle, the Department may accept those requirements that are set out in the Maryland Medical Assistance Plan or the federal laws and regulations under Title XIX of the Social Security Act and that govern the investigation of financial condition, standards of eligibility, and legal responsibility of recipients of services, their responsible relatives, legal representatives and estates, or other chargeable persons.
2023 Maryland Statutes › Health - General › Title 16 - Reimbursements and Collections › Subtitle 2 - General Provisions › Section 16-206 - Juvenile Services

(a)    For juvenile screening and treatment services that a unit of the Department provides under § 9–227(b)(1)(ii) of the Human Services Article, the Department shall bill and collect the cost of care as provided in this subtitle and as if the recipient of services were not a ward of this State.
(b)    The Department of Juvenile Services shall pay for juvenile screening and treatment services that any person other than the Department provides under § 9–227(b)(1)(ii) of the Human Services Article. However, the Department later shall bill and collect this cost of care as provided in this subtitle.
2023 Maryland Statutes › Health - General › Title 16 - Reimbursements and Collections › Subtitle 3 - Special Provisions as to Mental Hygiene › Section 16-302 - Costs of Court Ordered Examinations

(a)    (1)    Except as otherwise provided in this section, if any individual is examined under a court order by a representative of the Behavioral Health Administration, a reasonable cost of the examination shall be assumed by this State.
(2)    The Administration is subrogated to any right or right of action that the individual examined has under the terms of any insurance policy to recover the costs of these services.
(b)    If the examination is requested by the individual being examined:
(1)    The individual is responsible for payment of the appropriate fee; and
(2)    The Administration may ask and the court may require the individual to post a bond for payment of that fee.
2023 Maryland Statutes › Health - General › Title 16 - Reimbursements and Collections › Subtitle 3 - Special Provisions as to Mental Hygiene › Section 16-303 - Disposition of Property on Death or Escape of Individual

(a)    This section does not apply to funds that are derived from benefits payable under laws administered by the Veterans’ Administration.
(b)    (1)    If any property of an individual admitted under the Maryland Mental Hygiene Law remains in the custody of a public facility for 1 year after the death or escape of the individual, the administrative head of the facility shall investigate to determine if any other person legally is entitled to that property.
(2)    If such a person is not found:
(i)    As much as possible of the account of the individual at the facility shall be paid from the property; and
(ii)    Any balance becomes the property of this State and shall be paid into the General Fund of this State.
(c)    (1)    An action may not be brought more than 3 years after the death or escape of an individual to recover property of the individual left at or in the custody of the facility.
(2)    This subsection does not waive any defense, including the defense of governmental immunity, available to any facility or other State agency in an action brought against it, even if the action is brought within 3 years after the death or escape of the individual.
2023 Maryland Statutes › Health - General › Title 16 - Reimbursements and Collections › Subtitle 4 - Special Provisions as to Intellectual Disability › Section 16-402 - Notice of Provisions of Title

When an individual enters a facility for comprehensive evaluation and when an individual with an intellectual disability is admitted to a public facility, each proponent of the admission shall be advised in writing, in clear and simple terms, of those provisions of this title that apply to that individual.
2023 Maryland Statutes › Health - General › Title 16 - Reimbursements and Collections › Subtitle 4 - Special Provisions as to Intellectual Disability › Section 16-403 - Liability of Chargeable Persons -- Applicability of Subtitle

Notwithstanding any other provision of this title, the amount to be charged to chargeable persons for services received by a recipient of services under the Maryland Developmental Disabilities Law shall be as provided in this subtitle.
2023 Maryland Statutes › Health - General › Title 16 - Reimbursements and Collections › Subtitle 4 - Special Provisions as to Intellectual Disability › Section 16-404 - Liability of Chargeable Persons -- General Rule

(a)    If there is any insurance, group health plan, or prepaid medical care coverage for part or all of the cost of the care provided, the Department shall seek to collect the proceeds of the insurance, plan, or coverage to the full extent required to pay for the charges for services set under § 16–201 of this title. The insured or policyholder may not withhold the payment and shall assign to the Department any benefits available under the policy for services rendered by the Department to any insured covered by the policy.
(b)    The liability of a chargeable person for services provided to an individual with an intellectual disability may not exceed the greater of:
(1)    The sum of any proceeds of 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 individual; or
(2)    The lesser of:
(i)    The amount determined under § 16–405 of this subtitle; or
(ii)    The amount set by the Department under § 16–203(b) of this title.
(c)    The liability of responsible relatives for the cost of care of an individual with an intellectual disability in a residential, State facility ceases when the cost of care of the  individual with an intellectual disability has been charged for a period or periods that total 16 years.
2023 Maryland Statutes › Health - General › Title 16 - Reimbursements and Collections › Subtitle 4 - Special Provisions as to Intellectual Disability › Section 16-406 - Costs of Court Ordered Examinations

(a)    (1)    Except as otherwise provided in this section, if any individual is examined under a court order by a representative of the Developmental Disabilities Administration, the cost of the examination shall be assumed by this State.
(2)    The Administration is subrogated to any right or right of action that the individual examined has under the terms of any insurance policy to recover the costs of this service.
(b)    If the examination is requested by the individual being examined:
(1)    The individual is responsible for payment of the appropriate fee; and
(2)    The Developmental Disabilities Administration may ask and the court may require the individual to post a bond for payment of that fee.