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ECONOLO v. DIV. OF REIMBURSEMENT

No. 1243, Sept. Term, 2000.

769 A.2d 296 (2001)

137 Md. App. 639

William ECOLONO, Jr. v. DIVISION OF REIMBURSEMENTS OF THE DEPARTMENT OF HEALTH AND MENTAL HYGIENE.

Court of Special Appeals of Maryland.

April 2, 2001.

Attorney(s) appearing for the Case

Laura L. Cain, Baltimore, for appellant.

Wendy A. Kronmiller, Asst. Atty. Gen. (J. Joseph Curran, Jr., Atty. Gen. on the brief), Baltimore, for appellee.

Argued before DAVIS, JAMES R. EYLER, and KENNEY, JJ.

JAMES R. EYLER, Judge.

The question presented by this case is whether the State Department of Health and Mental Hygiene violated State or federal law when it utilized Social Security benefits, payable to an individual committed to a State hospital, to pay current charges for that inpatient care. We find a violation of federal law and, as a result, shall reverse the decision of the Circuit Court for Howard County.

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