MD
Maryland Senate Bill SB196

Maryland 2022 Regular Session

Maryland Senate Bill SB196 Compare Versions

OldNewDifferences
1- LAWRENCE J. HOGAN, JR., Governor Ch. 223
21
3-– 1 –
4-Chapter 223
5-(Senate Bill 196)
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+ *sb0196*
89
9-Maryland Department of Health – Overdose Report
10+SENATE BILL 196
11+J1 2lr0053
12+ (PRE–FILED)
13+By: Chair, Finance Committee (By Request – Departmental – Health)
14+Requested: October 5, 2021
15+Introduced and read first time: January 12, 2022
16+Assigned to: Finance
17+Committee Report: Favorable
18+Senate action: Adopted
19+Read second time: February 12, 2022
1020
11-FOR the purpose of extending the termination date for certain provisions of law requiring
12-the Secretary of Health to examine and report on fatal overdoses involving opioids
13-and other controlled substances; altering the requirements relating to the
14-examination and report; and generally relating to the Maryland Department of
15-Health and reporting on fatal overdoses.
21+CHAPTER ______
1622
17-BY repealing and reenacting, with amendments,
18- Article – Health – General
19- Section 7.5–701
20- Annotated Code of Maryland
21- (2019 Replacement Volume and 2021 Supplement)
23+AN ACT concerning 1
2224
23-BY repealing and reenacting, with amendments,
24- Chapter 211 of the Acts of the General Assembly of 2018
25- Section 3
25+Maryland Department of Health – Overdose Report 2
2626
27- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
28-That the Laws of Maryland read as follows:
27+FOR the purpose of extending the termination date for certain provisions of law requiring 3
28+the Secretary of Health to examine and report on fatal overdoses involving opioids 4
29+and other controlled substances; altering the requirements relating to the 5
30+examination and report; and generally relating to the Maryland Department of 6
31+Health and reporting on fatal overdoses. 7
2932
30-Article – Health – General
33+BY repealing and reenacting, with amendments, 8
34+ Article – Health – General 9
35+ Section 7.5–701 10
36+ Annotated Code of Maryland 11
37+ (2019 Replacement Volume and 2021 Supplement) 12
3138
32-7.5–701.
39+BY repealing and reenacting, with amendments, 13
40+ Chapter 211 of the Acts of the General Assembly of 2018 14
41+ Section 3 15
3342
34- (a) On or before July 1 each year, the Secretary shall examine the [prescription
35-and treatment] history[, including court–ordered treatment or treatment provided through
36-the criminal justice system,] of individuals in the State who suffered fatal overdoses
37-involving [opiates] OPIOIDS and other controlled [dangerous] substances in the
38-immediately preceding 4 calendar years.
43+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16
44+That the Laws of Maryland read as follows: 17
3945
40- (b) In conducting the examination required under subsection (a) of this section,
41-the Secretary shall collaborate with the Department of Public Safety and Correctional
42-Services, the Department of Human Services, the Department of Juvenile Services, the
43-Maryland Institute for Emergency Medical Services Systems, the Department of Housing
44-and Community Development, and any other State and local agency that the Secretary
45-considers necessary.
46+Article – Health – General 18
4647
47- (c) (1) Beginning July 1, 2019, and each year thereafter, the Secretary shall
48-provide a report on the findings of the examination required under subsection (a) of this Ch. 223 2022 LAWS OF MARYLAND
48+7.5–701. 19 2 SENATE BILL 196
4949
50-– 2 –
51-section to the Governor and, in accordance with § 2–1257 of the State Government Article,
52-the General Assembly.
5350
54- (2) The report required under paragraph (1) of this subsection shall:
5551
56- (i) Include an assessment of the factors associated with fatal and
57-nonfatal opioid overdose risk and an assessment of the programs targeted at opioid use and
58-misuse, including:
52+ (a) On or before July 1 each year, the Secretary shall examine the [prescription 1
53+and treatment] history[, including court–ordered treatment or treatment provided through 2
54+the criminal justice system,] of individuals in the State who suffered fatal overdoses 3
55+involving [opiates] OPIOIDS and other controlled [dangerous] substances in the 4
56+immediately preceding 4 calendar years. 5
5957
60- 1. Utilization of mental health and substance use disorder
61-treatment and recovery support services, including claims data from the Maryland Medical
62-Assistance Program;
58+ (b) In conducting the examination required under subsection (a) of this section, 6
59+the Secretary shall collaborate with the Department of Public Safety and Correctional 7
60+Services, the Department of Human Services, the Department of Juvenile Services, the 8
61+Maryland Institute for Emergency Medical Services Systems, the Department of Housing 9
62+and Community Development, and any other State and local agency that the Secretary 10
63+considers necessary. 11
6364
64- 2. Utilization of hospital services;
65+ (c) (1) Beginning July 1, 2019, and each year thereafter, the Secretary shall 12
66+provide a report on the findings of the examination required under subsection (a) of this 13
67+section to the Governor and, in accordance with § 2–1257 of the State Government Article, 14
68+the General Assembly. 15
6569
66- 3. Utilization of emergency medical services;
70+ (2) The report required under paragraph (1) of this subsection shall: 16
6771
68- 4. Utilization of controlled prescription drugs and antidotes;
72+ (i) Include an assessment of the factors associated with fatal and 17
73+nonfatal opioid overdose risk and an assessment of the programs targeted at opioid use and 18
74+misuse, including: 19
6975
70- 5. Involvement with the State and local criminal justice
71-system, including arrest, incarceration, and community supervision;
76+ 1. Utilization of mental health and substance use disorder 20
77+treatment and recovery support services, including claims data from the Maryland Medical 21
78+Assistance Program; 22
7279
73- 6. Involvement with social services agencies;
80+ 2. Utilization of hospital services; 23
7481
75- 7. Socioeconomic status, race, age, ethnicity, location of
76-overdose, marital status, and employment status;
82+ 3. Utilization of emergency medical services; 24
7783
78- 8. Education status; and
84+ 4. Utilization of controlled prescription drugs and antidotes; 25
7985
80- 9. Access to public or private health insurance coverage;
86+ 5. Involvement with the State and local criminal justice 26
87+system, including arrest, incarceration, and community supervision; 27
8188
82- (ii) Identify and assess methods of intervening with populations
83-found to be at risk of overdose or a substance use disorder; and
89+ 6. Involvement with social services agencies; 28
8490
85- (iii) Include recommendations for improving and providing statewide
86-prevention, response, and data collection efforts related to substance use disorder.
91+ 7. Socioeconomic status, race, age, ethnicity, location of 29
92+overdose, marital status, and employment status; 30
8793
88- (3) The assessment required under paragraph (2) of this subsection shall
89-include accessing, and where feasible links to, the following data sets:
94+ 8. Education status; and 31
9095
91- (i) Overdose deaths and other fatal drug poisonings;
96+ 9. Access to public or private health insurance coverage; 32
97+ SENATE BILL 196 3
9298
93- (ii) Substance use treatment;
9499
95- (iii) Prescription Drug Monitoring Program;
96- LAWRENCE J. HOGAN, JR., Governor Ch. 223
100+ (ii) Identify and assess methods of intervening with populations 1
101+found to be at risk of overdose or a substance use disorder; and 2
97102
98-– 3 –
99- (iv) Emergency medical services database;
103+ (iii) Include recommendations for improving and providing statewide 3
104+prevention, response, and data collection efforts related to substance use disorder. 4
100105
101- (v) Select birth information for children exposed to opioids during
102-gestation;
106+ (3) The assessment required under paragraph (2) of this subsection shall 5
107+include accessing, and where feasible links to, the following data sets: 6
103108
104- (vi) Cancer registry;
109+ (i) Overdose deaths and other fatal drug poisonings; 7
105110
106- (vii) Cause and manner of death and toxicology;
111+ (ii) Substance use treatment; 8
107112
108- (viii) Hospital case mix, emergency department and inpatient records
109-associated with substance use disorder and nonfatal controlled dangerous
110-substance–related poisonings;
113+ (iii) Prescription Drug Monitoring Program; 9
111114
112- (ix) All payer claims database;
115+ (iv) Emergency medical services database; 10
113116
114- (x) Corrections mental health and substance use disorder data and
115-incarcerations in correctional facilities including county detention centers;
117+ (v) Select birth information for children exposed to opioids during 11
118+gestation; 12
116119
117- (xi) [Needle exchange program] SYRINGE SERVICE PROGRAMS ;
120+ (vi) Cancer registry; 13
118121
119- (xii) Drug seizures;
122+ (vii) Cause and manner of death and toxicology; 14
120123
121- (xiii) Index of concentration at the extremes;
124+ (viii) Hospital case mix, emergency department and inpatient records 15
125+associated with substance use disorder and nonfatal controlled dangerous 16
126+substance–related poisonings; 17
122127
123- (xiv) Maryland violent death records system;
128+ (ix) All payer claims database; 18
124129
125- (xv) Electronic Surveillance System for the Early Notification of
126-Community–based Epidemics;
130+ (x) Corrections mental health and substance use disorder data and 19
131+incarcerations in correctional facilities including county detention centers; 20
127132
128- (xvi) Vital statistics;
133+ (xi) [Needle exchange program] SYRINGE SERVICE PROGRAMS ; 21
129134
130- (xvii) State and local fatality review records; and
135+ (xii) Drug seizures; 22
131136
132- (xviii) Maryland Medical Assistance Program pharmacy claims.
137+ (xiii) Index of concentration at the extremes; 23
133138
134- (4) On or before September 1, 2018, each entity identified under subsection
135-(b) of this section shall provide data to the Department in accordance with this section and
136-enter into a data sharing use agreement with the Department.
139+ (xiv) Maryland violent death records system; 24
137140
138- (d) Any records and information provided to the Department in accordance with
139-this section that could identify any individual are not public records and are not subject to
140-discovery, subpoena, or other means of legal compulsion in civil or criminal litigation.
141+ (xv) Electronic Surveillance System for the Early Notification of 25
142+Community–based Epidemics; 26
141143
142- (e) The Department shall seek any available federal funding to implement the
143-requirements of this section.
144- Ch. 223 2022 LAWS OF MARYLAND
144+ (xvi) Vital statistics; 27
145145
146-– 4 –
147- SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read
148-as follows:
146+ (xvii) State and local fatality review records; and 28 4 SENATE BILL 196
149147
150-Chapter 211 of the Acts of 2018
151148
152- SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect June
153-1, 2018. [It] SECTION 1–224 OF THE HEALTH OCCUPATIONS ARTICLE, AS ENACTED
154-BY SECTION 1 OF THIS ACT, shall remain effective for a period of 4 years and 2 months
155-and, at the end of July 31, 2022, § 1–224 OF THE HEALTH OCCUPATIONS ARTICLE, AS
156-ENACTED BY SECTION 1 OF this Act, with no further action required by the General
157-Assembly, shall be abrogated and of no further force and effect. SECTION 7.5–701 OF THE
158-HEALTH – GENERAL ARTICLE, AS ENACTED BY SECTION 1 OF THIS ACT, SHALL
159-REMAIN EFFECTIVE FOR A PERIOD OF 6 YEARS AND 2 MONTHS AND , AT THE END OF
160-JULY 31, 2024, § 7.5–701 OF THE HEALTH – GENERAL ARTICLE, AS ENACTED BY
161-SECTION 1 OF THIS ACT, WITH NO FURTHER ACTI ON REQUIRED BY THE GENERAL
162-ASSEMBLY, SHALL BE ABROGATED A ND OF NO FURTHER FOR CE AND EFFECT .
163149
164- SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect July
165-1, 2022. Section 1 of this Act shall remain effective for a period of 2 years and 1 month and,
166-at the end of July 31, 2024, Section 1 of this Act, with no further action required by the
167-General Assembly, shall be abrogated and of no further force and effect.
150+ (xviii) Maryland Medical Assistance Program pharmacy claims. 1
168151
169-Approved by the Governor, April 21, 2022.
152+ (4) On or before September 1, 2018, each entity identified under subsection 2
153+(b) of this section shall provide data to the Department in accordance with this section and 3
154+enter into a data sharing use agreement with the Department. 4
155+
156+ (d) Any records and information provided to the Department in accordance with 5
157+this section that could identify any individual are not public records and are not subject to 6
158+discovery, subpoena, or other means of legal compulsion in civil or criminal litigation. 7
159+
160+ (e) The Department shall seek any available federal funding to implement the 8
161+requirements of this section. 9
162+
163+ SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 10
164+as follows: 11
165+
166+Chapter 211 of the Acts of 2018 12
167+
168+ SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect June 13
169+1, 2018. [It] SECTION 1–224 OF THE HEALTH OCCUPATIONS ARTICLE, AS ENACTED 14
170+BY SECTION 1 OF THIS ACT, shall remain effective for a period of 4 years and 2 months 15
171+and, at the end of July 31, 2022, § 1–224 OF THE HEALTH OCCUPATIONS ARTICLE, AS 16
172+ENACTED BY SECTION 1 OF this Act, with no further action required by the General 17
173+Assembly, shall be abrogated and of no further force and effect. SECTION 7.5–701 OF THE 18
174+HEALTH – GENERAL ARTICLE, AS ENACTED BY SECTION 1 OF THIS ACT, SHALL 19
175+REMAIN EFFECTIVE FOR A PERI OD OF 6 YEARS AND 2 MONTHS AND , AT THE END OF 20
176+JULY 31, 2024, § 7.5–701 OF THE HEALTH – GENERAL ARTICLE, AS ENACTED BY 21
177+SECTION 1 OF THIS ACT, WITH NO FURTHER ACTI ON REQUIRED BY THE GENERAL 22
178+ASSEMBLY, SHALL BE ABROGATED A ND OF NO FURTHER FORCE AND EFFECT . 23
179+
180+ SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect July 24
181+1, 2022. Section 1 of this Act shall remain effective for a period of 2 years and 1 month and, 25
182+at the end of July 31, 2024, Section 1 of this Act, with no further action required by the 26
183+General Assembly, shall be abrogated and of no further force and effect. 27
184+
185+
186+
187+Approved:
188+________________________________________________________________________________
189+ Governor.
190+________________________________________________________________________________
191+ President of the Senate.
192+________________________________________________________________________________
193+ Speaker of the House of Delegates.