# COMAR Title 10 — Maryland Department of Health

## Subtitle 02 — Division of Reimbursements

### Chapter 02 — Abandonment or Abuse of Responsible Relatives by Recipients of Care

**Authority:** Health-General Article, §16-203, Annotated Code of Maryland

**Administrative History:** Effective date: July 1, 1971

**Administrative History:** Regulations .01, .02B, and .03A amended effective May 5, 1986 (13:9 Md. R. 1028)

**Administrative History:** Regulation .03C repealed effective May 5, 1986 (13:9 Md. R. 1028)

**Administrative History:** Chapter repealed effective June 27, 1988 (15:13 Md. R. 1552)

**Administrative History:** Regulations .01—.03 under a new chapter, Abandonment or Abuse of Responsible Relatives by Recipients of Care, adopted effective June 27, 1988 (15:13 Md. R. 1552)

**Administrative History:** Regulation .01 amended effective January 17, 2005 (32:1 Md. R. 27)

#### Regulation .01 Definitions.

*COMAR 10.02.02.01*

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

  (1) “Abandonment” means wrongful and continuous absence by a:

    (a) Spouse from the home for a period of 18 months or longer, immediately before the recipient of services' hospitalization; or

    (b) Parent coupled with failure to support a child, or children, for a period of 18 months or more during the child's or children's minority.

  (2) “Abuse” or “physical abuse” means:

    (a) The sustaining of physical injury;

    (b) Cruel or inhumane treatment;

    (c) A malicious act or treatment; or

    (d) Harm, or threatened harm, to the health or welfare of the individual.

  (3) “Crime of violence” means:

    (a) Abduction;

    (b) Arson;

    (c) Burglary;

    (d) Daytime housebreaking;

    (e) Kidnapping;

    (f) Manslaughter, except involuntary manslaughter;

    (g) Assault in the first degree;

    (h) Murder;

    (i) Rape;

    (j) Robbery;

    (k) Robbery with a deadly weapon;

    (l) Sexual offense in the first degree;

    (m) Sexual offense in the second degree;

    (n) Use of a handgun in the commission of a felony or other crime of violence;

    (o) An attempt to commit any one of the following offenses:

      (i) Assault with intent to murder;

      (ii) Assault with intent to rape;

      (iii) Assault with intent to rob;

      (iv) Assault with intent to commit a sexual offense in the first degree; and

      (v) Assault with intent to commit a sexual offense in the second degree.

  (4) “Minority” means the period of time when a child is 17 years old or younger.

  (5) “Recipient of services”:

    (a) 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;

    (b) Includes, but is not limited to, an individual in a:

      (i) Public facility under the Maryland Mental Law, Health-General Article, Title 10, Annotated Code of Maryland;

      (ii) Facility or Veteran's Administration hospital for comprehensive evaluation under Health-General Article, Title 7, Annotated Code of Maryland;

      (iii) Residential, public facility, or a facility from which the State obtains residential care under the Maryland Developmental Disabilities Law, Health-General Article, Title 7, Annotated Code of Maryland; and

      (iv) Facility operated by the Office of Chronic and Rehabilitation Facilities.

  (6) “Responsible relative” means the:

    (a) Spouse of a recipient of services;

    (b) Parents of a recipient of services who is a minor; and

    (c) Children of a recipient of services.

  (7) “Sexual abuse”:

    (a) Means an act that involves sexual molestation or exploitation of a person by another person;

    (b) Includes, but is not limited to:

      (i) Incest, rape, or sexual offenses in any degree,

      (ii) Sodomy, and

      (iii) Unnatural or perverted sexual practices.

#### Regulation .02 Scope.

*COMAR 10.02.02.02*

It is the policy of the Maryland Department of Health, in accordance with:

A. Health-General Article, §16-203(a)(3), Annotated Code of Maryland, to excuse a legally responsible relative from contributing to the cost of in-patient care of a recipient of services if that legally responsible relative has been abandoned by the recipient of services;

B. Health-General Article, §16-203(a)(4), Annotated Code of Maryland, to excuse all legally responsible relatives from contributing to the cost of in-patient care of a recipient of services if that recipient of services has committed any of the following actions in relation to any legally responsible relative:

  (1) Abuse or physical abuse;

  (2) Crime of violence; or

  (3) Sexual abuse.

#### Regulation .03 Burden of Proof.

*COMAR 10.02.02.03*

A. A responsible relative claiming to have been abused, sexually abused, abandoned, or subjected to a crime of violence by the recipient of services shall have the burden of establishing to the satisfaction of the Department by a preponderance of the evidence that the legally responsible relative was abandoned, abused, sexually abused, or subjected to a crime of violence by the recipient of services.

B. Acceptable evidence for abuse and crimes of violence includes, but is not limited to:

  (1) Police reports; or

  (2) Medical records, or medical statements prepared by a physician, physician's assistant, or nurse.

C. Acceptable evidence for abandonment includes, but is not limited to, affidavits from disinterested parties of the facts surrounding the abandonment.