Except as otherwise provided in this subtitle, Subtitle 2 of this title applies to a recipient of services under the Maryland Developmental Disabilities Law.

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.

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.

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. The liability of a chargeable person for services provided to an individual with an intellectual disability may not exceed the greater of: 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 The lesser of: The amount determined under § 16–405 of this subtitle; or The amount set by the Department under § 16–203(b) of this title. 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.

In this section, “taxable income” has the meaning that federal law gives to it for purposes of the Internal Revenue Code. For purposes of § 16–404(b)(2) of this subtitle, the liability of a chargeable person for the cost of care of an individual with an intellectual disability shall be determined in accordance with either of the following schedules, at the option of the chargeable person. Schedule A Schedule Based on Gross Monthly Income Gross Monthly Income of Person                 Monthly Rate of Contribution Liable for Support At        Less         2 3 4 5 6 7 8 Least        Than        Dep. Dep. Dep. Dep. Dep. Dep. Dep. $ 500 –– 575        $16.00 $ ........ $ ........ $ ........ $ ........ $ ........ $ ........ ������575 –– 650         22.40 16.00 ........ ........ ........ ........ ........ ������650 –– 725         25.60 22.40 19.20 16.00 ........ ........ ........ ������725 –– 800         32.00 28.80 22.40 19.20 16.00 ........ ........ ������800 –– 875         35.20 32.00 28.80 25.60 22.40 16.00 ........ ������875 –– 950         43.20 39.20 35.20 32.00 25.60 22.40 19.20 ������950 –– 1025         56.00 49.60 43.20 35.20 32.00 28.80 25.60 ����1025 –– 1100         72.00 64.00 49.60 43.20 39.20 35.20 32.00 ����1100 –– 1175         88.00 72.00 64.00 56.00 49.60 43.20 35.20 ����1175 –– 1250         91.00 88.00 80.00 72.00 64.00 49.60 43.20 ����1250 –– 1325         94.00 94.00 91.00 88.00 72.00 64.00 56.00 ����1325 –– 1400         94.00 94.00 94.00 91.00 88.00 80.00 72.00 ����1400 –– 1475         94.00 94.00 94.00 94.00 94.00 91.00 88.00 ����1475 –– 1550         94.00 94.00 94.00 94.00 94.00 94.00 91.00 ����1550 and up         94.00 94.00 94.00 94.00 94.00 94.00 94.00 Schedule B Schedule Based on Taxable Income Under Federal Internal Revenue Code Annual Taxable Income of Person Liable for Support                 Monthly Rate of Contribution At least $4,000 but less than $5,000                      $16.00 At least $5,000 but less than $6,000                      ����22.40 At least $6,000 but less than $7,000                      ����28.80 At least $7,000 but less than $8,000                      ����35.20 At least $8,000 but less than $9,000                      ����43.20 At least $9,000 but less than $10,000                      ����56.00 At least $10,000 but less than $11,000                      ����72.00 At least $11,000 but less than $12,000                      ����88.00 At least $12,000                                   ����94.00 To establish the taxable income, the chargeable person shall provide either a copy of a federal income tax return or an affidavit as to the taxable income reported on that federal income tax return. Any modification of liability for charges based on a federal income tax return shall become effective as of July 1 in each calendar year. Within the time that the Secretary sets and on the forms that the Secretary provides, each chargeable person shall elect the schedule under which the chargeable person is to be billed. The election is effective as of the day that the individual with an intellectual disability first is admitted for service and remains in force until changed by the chargeable person. A change in the election is effective on July 1 after the date on which the Department is notified of the change. If a person fails to elect within the time that the Secretary sets, the Secretary shall determine which schedule is to apply. A person whose taxable income is less than $4,000 a year may not be charged any amount under this section. For purposes of this section, both parents of an individual with an intellectual disability shall be considered a single responsible relative.

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. 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. If the examination is requested by the individual being examined: The individual is responsible for payment of the appropriate fee; and The Developmental Disabilities Administration may ask and the court may require the individual to post a bond for payment of that fee.

This section does not apply to funds that are derived from benefits payable under laws administered by the Veterans’ Administration. If any property of an individual with an intellectual disability remains in the custody of a public facility for 1 year after the death or release of the individual with an intellectual disability, the Department shall investigate to locate the individual or to determine if any other person legally is entitled to that property. If such a person is not found: As much as possible of the account of the individual with an intellectual disability at the facility shall be paid from the property; and Any balance becomes the property of this State and shall be paid into the General Fund of this State. An action may not be brought more than 3 years after the death or release of an individual with an intellectual disability to recover any of this property 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 release of the individual with an intellectual disability.