2013 Maryland Code
HEALTH - GENERAL
§ 15-122 - Responsibility of spouse under Program

§15-122.

(a) (1) The spouse of a Program recipient is responsible for payments for the health care needs of the Program recipient to the extent that the spouse is able to pay any of the cost of care. Except as provided in paragraph (2) of this subsection, the total liability shall be limited to the amount spent for the care under the Program.

(2) In any case in which eligibility was based on the spouse’s refusal to pay for the Program recipient’s care, the liability of the spouse may include:

(i) The amount spent for care by the Program;

(ii) Administrative and enforcement costs incurred by the Program related to pursuing reimbursement from the spouse; and

(iii) Any penalties established by the Secretary by regulation for a violation of this section not to exceed $50 per day for each day a violation exists.

(b) (1) The Secretary shall adopt rules and regulations that set standards for payment by the spouse based on the ability of the spouse to pay all or part of the cost of care. To determine reasonably the ability to pay, the Secretary shall evaluate available income, ordinary living expenses, special expenses, and assets, other than the homestead of the spouse and its appurtenances.

(2) Notwithstanding the standards established under paragraph (1) of this subsection, the spouse may also be liable for costs and penalties under subsection (a)(2) of this section.

(c) (1) The Secretary may collect the money owed.

(2) The central collection unit in the Department of Budget and Management shall collect delinquent accounts and debts.

§ 15-122 - 1. Certain providers excluded from repaying depreciation allowance

(a) "Participating provider" defined. -- In this section, "participating provider" means any facility that participates in the Program and is:

(1) A skilled nursing facility;

(2) A comprehensive care facility; or

(3) An intermediate care facility.

(b) Exclusion from repayment of depreciation allowance. -- A participating provider shall not be required to repay the State for any depreciation for which the provider has been reimbursed as an allowable expense and which could otherwise be recaptured by the State upon a sale, scrapping, trade-in, donation, exchange, demolition, or abandonment of a facility, or involuntary conversion of a facility such as condemnation, fire, theft, or other casualty.

(c) Conflict with federal provisions. -- This section has no effect if its operation would cause this State to lose any federal funds.

§ 15-122 - 2. Intercepting State tax refund for converted funds

(a) "Converted funds" defined. -- In this section, "converted funds" means the amount received in payment by a person from an insurer for the cost of health services provided to a child which was not used to reimburse the Department for Medicaid costs incurred.

(b) Referral for certification. -- Each year the Department may refer to the Central Collection Unit of the Department of Budget and Management for certification to the State Comptroller the name of any person who has received converted funds for the interception of any State tax refund.

(c) Notification of certification. -- The Department shall notify the person certified under subsection (b) of this section that a certification has been made by the Department.

(d) Contents of certification. -- The certification by the Central Collection Unit shall include, if known:

(1) The full name of the person certified and any other names known to be used by that person;

(2) The address and the Social Security number of the person certified; and

(3) The amount of the converted funds.

(e) Duties of State Comptroller. -- The State Comptroller shall:

(1) Pay to the Department any income tax refund due to the person certified in an amount not more than the amount certified by the Department;

(2) Pay to the person certified any part of the income tax refund over the amount of the converted funds; and

(3) Notify the person certified of:

(i) The amount paid to the Department; and

(ii) The rights of the person certified under subsection (b) of this section.

(f) Appeal. --

(1) On receipt of a notice of intercept from the State Comptroller, any person certified by the Department who disputes the existence or amount of the converted funds may file an appeal in accordance with Title 10 of the State Government Article.

(2) If the Department finds that an excessive amount was withheld from the person's income tax refund, the Department promptly shall pay to the taxpayer the excess amount withheld.

(g) Priority of refund. -- The Comptroller shall honor refund interception requests in the following order:

(1) A refund interception request to collect an unpaid State, county, or municipal tax;

(2) A refund interception request under § 10-113 of the Family Law Article for arrears of support payments;

(3) A refund interception request for converted funds under this subtitle; and

(4) Any other refund interception request.

(h) Adoption of refunds. -- The Secretary and the State Comptroller may adopt regulations to carry out this section.