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Roberts v. Total Health Care Inc.5/14/1998
the cost of services to Medical Assistance enrollees. To require instead that these collections be refunded to the Department is to place an undue financial burden on the organizations."
This long-standing interpretation of 15-120 by the administrators charged with its enforcement should be accorded considerable weight. Lussier v. Maryland Racing Comm'n, 343 Md. 681, 696-697, 684 A.2d 804, 811-812 (1996) (interpretation of a statute by the officials charged with administering the statute is afforded great weight, especially when accompanied by legislative acquiescence). See, e.g., Md. Classified Employees v. Governor, 325 Md. 19, 33, 599 A.2d 91, 98, cert. denied, 502 U.S. 1090, 112 S.Ct. 1160, 117 L.Ed.2d 407 (1991); Morris v. Prince George's County, 319 Md. 597, 613, 573 A.2d 1346, 1354 (1990); Board v. Harker, 316 Md. 683, 698-699, 561 A.2d 219, 227 (1989); McCullough v. Wittner, 314 Md. 602, 612, 552 A.2d 881, 886 (1989); Sinai Hosp. v. Dep't of Employment, 309 Md. 28, 46, 522 A.2d 382, 391 (1987); Balto. Gas & Elec. v. Public Serv. Comm'n, 305 Md. 145, 161, 501 A.2d 1307, 1315 (1986); Consumer Protection v. Consumer Pub., 304 Md. 731, 759, 501 A.2d 48, 63 (1985).
Therefore, we hold that Total Health Care had a subrogation right under 15-120, as assigned to it by the Department, to collect the full amount it expended for the care and treatment of the children as a result of the lead poisoning.
JUDGMENT OF THE COURT OF SPECIAL APPEALS AFFIRMED. PETITIONERS TO PAY COSTS.
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