EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
Italics indicate opposite chamber/conference committee amendments.
*hb0971*
HOUSE BILL 971
J1 EMERGENCY BILL (2lr2913)
ENROLLED BILL
— Health and Government Operations/Finance —
Introduced by Delegate Kipke
Read and Examined by Proofreaders:
_______________________________________________
Proofreader.
_______________________________________________
Proofreader.
Sealed with the Great Seal and presented to the Governor, for his approval this
_______ day of _______________ at __ ______________________ o’clock, ________M.
______________________________________________
Speaker.
CHAPTER ______
AN ACT concerning 1
Maryland Medical Assistance Program – Substance Abuse Use Disorder 2
Treatment – Network Adequacy 3
FOR the purpose of requiring the Maryland Department of Health and the Behavioral 4
Health Administration to ensure that the delivery system for specialty mental health 5
services for enrollees of managed care organizations has an adequate network of 6
providers available to provide alcohol and drug abuse substance use disorder 7
treatment for children under the age of 18 years; and generally relating to the 8
Maryland Medical Assistance Program and access to substance abuse use disorder 9
treatment services. 10
BY repealing and reenacting, with amendments, 11
Article – Health – General 12
Section 15–103(b)(21) 13
Annotated Code of Maryland 14 2 HOUSE BILL 971
(2019 Replacement Volume and 2021 Supplement) 1
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 2
That the Laws of Maryland read as follows: 3
Article – Health – General 4
15–103. 5
(b) (21) (i) The Department shall establish a delivery system for specialty 6
mental health services for enrollees of managed care organizations. 7
(ii) The Behavioral Health Administration shall: 8
1. Design and monitor the delivery system; 9
2. Establish performance standards for providers in the 10
delivery system; and 11
3. Establish procedures to ensure appropriate and timely 12
referrals from managed care organizations to the delivery system that include: 13
A. Specification of the diagnoses and conditions eligible for 14
referral to the delivery system; 15
B. Training and clinical guidance in appropriate use of the 16
delivery system for managed care organization primary care providers; 17
C. Preauthorization by the utilization review agent of the 18
delivery system; and 19
D. Penalties for a pattern of improper referrals. 20
(iii) The Department shall collaborate with managed care 21
organizations to develop standards and guidelines for the provision of specialty mental 22
health services. 23
(iv) The delivery system shall: 24
1. Provide all specialty mental health services needed by 25
enrollees; 26
2. For enrollees who are dually diagnosed, coordinate the 27
provision of substance abuse USE DISORDER services provided by the managed care 28
organizations of the enrollees; 29
HOUSE BILL 971 3
3. Consist of a network of qualified mental health 1
professionals from all core disciplines; 2
4. Include linkages with other public service systems; and 3
5. Comply with quality assurance, enrollee input, data 4
collection, and other requirements specified by the Department in regulation. 5
(v) The Department may contract with a managed care organization 6
for delivery of specialty mental health services if the managed care organization meets the 7
performance standards adopted by the Department in regulations. 8
(vi) The provisions of § 15–1005 of the Insurance Article apply to the 9
delivery system for specialty mental health services established under this paragraph and 10
administered by an administrative services organization. 11
(VII) THE DEPARTMENT AND THE BEHAVIORAL HEALTH 12
ADMINISTRATION SHALL ENSURE THAT THE DELI VERY SYSTEM HAS AN A DEQUATE 13
NETWORK OF PROVIDERS AVAILABLE TO PROVIDE ALCOHOL AND DRUG ABU SE 14
SUBSTANCE USE DIS ORDER TREATMENT FOR CHILDR EN UNDER THE AGE OF 18 15
YEARS. 16
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 17
October 1, 2022. 18
SECTION 2. AND BE IT FURTHER ENACTED, That this Act is an emergency 19
measure, is necessary for the immediate preservation of the public health or safety, has been 20
passed by a yea and nay vote supported by three–fifths of all the members elected to each of 21
the two Houses of the General Assembly, and shall take effect from the date it is enacted. 22
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.