Title 16. Reimbursements and Collections — Subtitle 3. Special Provisions as to Mental Health

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.

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.

The individual is responsible for payment of the appropriate fee; and

The Administration may ask and the court may require the individual to post a bond for payment of that fee.

If any property of an individual admitted under the Maryland Mental Health 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.

If such a person is not found:

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.

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.