MD
Maryland House Bill HB971

Maryland 2022 Regular Session

Maryland House Bill HB971 Compare Versions

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1- LAWRENCE J. HOGAN, JR., Governor Ch. 251
21
3-– 1 –
4-Chapter 251
5-(House Bill 971)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4+ [Brackets] indicate matter deleted from existing law.
5+ Underlining indicates amendments to bill.
6+ Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7+amendment.
8+ Italics indicate opposite chamber/conference committee amendments.
9+ *hb0971*
810
9-Maryland Medical Assistance Program – Substance Abuse Use Disorder
10-Treatment – Network Adequacy
11+HOUSE BILL 971
12+J1 EMERGENCY BILL (2lr2913)
13+ENROLLED BILL
14+— Health and Government Operations/Finance —
15+Introduced by Delegate Kipke
1116
12-FOR the purpose of requiring the Maryland Department of Health and the Behavioral
13-Health Administration to ensure that the delivery system for specialty mental health
14-services for enrollees of managed care organizations has an adequate network of
15-providers available to provide alcohol and drug abuse substance use disorder
16-treatment for children under the age of 18 years; and generally relating to the
17-Maryland Medical Assistance Program and access to substance abuse use disorder
18-treatment services.
17+Read and Examined by Proofreaders:
1918
20-BY repealing and reenacting, with amendments,
21- Article – Health – General
22-Section 15–103(b)(21)
23- Annotated Code of Maryland
24- (2019 Replacement Volume and 2021 Supplement)
19+_______________________________________________
20+Proofreader.
21+_______________________________________________
22+Proofreader.
2523
26- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
27-That the Laws of Maryland read as follows:
24+Sealed with the Great Seal and presented to the Governor, for his approval this
2825
29-Article – Health – General
26+_______ day of _______________ at __ ______________________ o’clock, ________M.
3027
31-15–103.
28+______________________________________________
29+Speaker.
3230
33- (b) (21) (i) The Department shall establish a delivery system for specialty
34-mental health services for enrollees of managed care organizations.
31+CHAPTER ______
3532
36- (ii) The Behavioral Health Administration shall:
33+AN ACT concerning 1
3734
38- 1. Design and monitor the delivery system;
35+Maryland Medical Assistance Program – Substance Abuse Use Disorder 2
36+Treatment – Network Adequacy 3
3937
40- 2. Establish performance standards for providers in the
41-delivery system; and
38+FOR the purpose of requiring the Maryland Department of Health and the Behavioral 4
39+Health Administration to ensure that the delivery system for specialty mental health 5
40+services for enrollees of managed care organizations has an adequate network of 6
41+providers available to provide alcohol and drug abuse substance use disorder 7
42+treatment for children under the age of 18 years; and generally relating to the 8
43+Maryland Medical Assistance Program and access to substance abuse use disorder 9
44+treatment services. 10
4245
43- 3. Establish procedures to ensure appropriate and timely
44-referrals from managed care organizations to the delivery system that include:
46+BY repealing and reenacting, with amendments, 11
47+ Article – Health – General 12
48+Section 15–103(b)(21) 13
49+ Annotated Code of Maryland 14 2 HOUSE BILL 971
4550
46- A. Specification of the diagnoses and conditions eligible for
47-referral to the delivery system;
48- Ch. 251 2022 LAWS OF MARYLAND
4951
50-– 2 –
51- B. Training and clinical guidance in appropriate use of the
52-delivery system for managed care organization primary care providers;
52+ (2019 Replacement Volume and 2021 Supplement) 1
5353
54- C. Preauthorization by the utilization review agent of the
55-delivery system; and
54+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 2
55+That the Laws of Maryland read as follows: 3
5656
57- D. Penalties for a pattern of improper referrals.
57+Article – Health – General 4
5858
59- (iii) The Department shall collaborate with managed care
60-organizations to develop standards and guidelines for the provision of specialty mental
61-health services.
59+15–103. 5
6260
63- (iv) The delivery system shall:
61+ (b) (21) (i) The Department shall establish a delivery system for specialty 6
62+mental health services for enrollees of managed care organizations. 7
6463
65- 1. Provide all specialty mental health services needed by
66-enrollees;
64+ (ii) The Behavioral Health Administration shall: 8
6765
68- 2. For enrollees who are dually diagnosed, coordinate the
69-provision of substance abuse USE DISORDER services provided by the managed care
70-organizations of the enrollees;
66+ 1. Design and monitor the delivery system; 9
7167
72- 3. Consist of a network of qualified mental health
73-professionals from all core disciplines;
68+ 2. Establish performance standards for providers in the 10
69+delivery system; and 11
7470
75- 4. Include linkages with other public service systems; and
71+ 3. Establish procedures to ensure appropriate and timely 12
72+referrals from managed care organizations to the delivery system that include: 13
7673
77- 5. Comply with quality assurance, enrollee input, data
78-collection, and other requirements specified by the Department in regulation.
74+ A. Specification of the diagnoses and conditions eligible for 14
75+referral to the delivery system; 15
7976
80- (v) The Department may contract with a managed care organization
81-for delivery of specialty mental health services if the managed care organization meets the
82-performance standards adopted by the Department in regulations.
77+ B. Training and clinical guidance in appropriate use of the 16
78+delivery system for managed care organization primary care providers; 17
8379
84- (vi) The provisions of § 15–1005 of the Insurance Article apply to the
85-delivery system for specialty mental health services established under this paragraph and
86-administered by an administrative services organization.
80+ C. Preauthorization by the utilization review agent of the 18
81+delivery system; and 19
8782
88- (VII) THE DEPARTMENT AND THE BEHAVIORAL HEALTH
89-ADMINISTRATION SHALL ENSURE THAT THE DELI VERY SYSTEM HAS AN A DEQUATE
90-NETWORK OF PROVIDERS AVAILABLE TO PROVIDE ALCOHOL AND DRUG ABU SE
91-SUBSTANCE USE DISORDER TREATMENT FOR CHILDR EN UNDER THE AGE OF 18
92-YEARS.
83+ D. Penalties for a pattern of improper referrals. 20
9384
94- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
95-October 1, 2022.
96- LAWRENCE J. HOGAN, JR., Governor Ch. 251
85+ (iii) The Department shall collaborate with managed care 21
86+organizations to develop standards and guidelines for the provision of specialty mental 22
87+health services. 23
9788
98-– 3 –
99- SECTION 2. AND BE IT FURTHER ENACTED, That this Act is an emergency
100-measure, is necessary for the immediate preservation of the public health or safety, has been
101-passed by a yea and nay vote supported by three–fifths of all the members elected to each of
102-the two Houses of the General Assembly, and shall take effect from the date it is enacted.
89+ (iv) The delivery system shall: 24
10390
104-Approved by the Governor, May 12, 2022.
91+ 1. Provide all specialty mental health services needed by 25
92+enrollees; 26
93+
94+ 2. For enrollees who are dually diagnosed, coordinate the 27
95+provision of substance abuse USE DISORDER services provided by the managed care 28
96+organizations of the enrollees; 29
97+ HOUSE BILL 971 3
98+
99+
100+ 3. Consist of a network of qualified mental health 1
101+professionals from all core disciplines; 2
102+
103+ 4. Include linkages with other public service systems; and 3
104+
105+ 5. Comply with quality assurance, enrollee input, data 4
106+collection, and other requirements specified by the Department in regulation. 5
107+
108+ (v) The Department may contract with a managed care organization 6
109+for delivery of specialty mental health services if the managed care organization meets the 7
110+performance standards adopted by the Department in regulations. 8
111+
112+ (vi) The provisions of § 15–1005 of the Insurance Article apply to the 9
113+delivery system for specialty mental health services established under this paragraph and 10
114+administered by an administrative services organization. 11
115+
116+ (VII) THE DEPARTMENT AND THE BEHAVIORAL HEALTH 12
117+ADMINISTRATION SHALL ENSURE THAT THE DELI VERY SYSTEM HAS AN A DEQUATE 13
118+NETWORK OF PROVIDERS AVAILABLE TO PROVIDE ALCOHOL AND DRUG ABU SE 14
119+SUBSTANCE USE DIS ORDER TREATMENT FOR CHILDR EN UNDER THE AGE OF 18 15
120+YEARS. 16
121+
122+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 17
123+October 1, 2022. 18
124+
125+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act is an emergency 19
126+measure, is necessary for the immediate preservation of the public health or safety, has been 20
127+passed by a yea and nay vote supported by three–fifths of all the members elected to each of 21
128+the two Houses of the General Assembly, and shall take effect from the date it is enacted. 22
129+
130+
131+
132+
133+Approved:
134+________________________________________________________________________________
135+ Governor.
136+________________________________________________________________________________
137+ Speaker of the House of Delegates.
138+________________________________________________________________________________
139+ President of the Senate.