Section 16-405 - Liability of chargeable persons - Schedules of charges.
§ 16-405. Liability of chargeable persons - Schedules of charges.
(a) "Taxable income" defined.- In this section, "taxable income" has the meaning that federal law gives to it for purposes of the Internal Revenue Code.
(b) Alternative schedules.- 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.
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Schedule A
Schedule Based on Gross Monthly Income
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Gross Mo. Monthly Rate of Contribution
Income
of Person
Liable for
Support
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At Less 2 3 4 5 6 7 8
Least Than Dep. Dep. Dep. Dep. Dep. Dep. Dep.
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$ 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
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Schedule B
Schedule Based on Taxable Income Under
Federal Internal Revenue Code
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Annual Taxable Income of Monthly Rate of
Person Liable for Support Contribution
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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
(c) Proof of income.- 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.
(d) Modifications relating to tax returns.- Any modification of liability for charges based on a federal income tax return shall become effective as of July 1 in each calendar year.
(e) Election and change of schedule.-
(1) 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.
(2) 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.
(3) A change in the election is effective on July 1 after the date on which the Department is notified of the change.
(4) If a person fails to elect within the time that the Secretary sets, the Secretary shall determine which schedule is to apply.
(f) Limitation on liability - In general.- A person whose taxable income is less than $4,000 a year may not be charged any amount under this section.
(g) Limitation on liability - Responsible relatives.- For purposes of this section, both parents of an individual with an intellectual disability shall be considered a single responsible relative.
[An. Code 1957, art. 59A, § 25; 1982, ch. 21, § 2; 1988, ch. 110, § 1; 2009, ch. 119.]