EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0460*
SENATE BILL 460
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By: Senator Augustine
Introduced and read first time: January 27, 2022
Assigned to: Finance
A BILL ENTITLED
AN ACT concerning 1
Consumer Health Access Program for Mental Health and Addiction Care – 2
Establishment 3
FOR the purpose of establishing the Consumer Health Access Program for Mental Health 4
and Addiction Care to assist State residents in accessing mental health and 5
substance use disorder services under public and private health insurance and 6
address insurance–related barriers to mental health and substance use disorder 7
services; establishing certain requirements on the Program relating to consumer 8
medical records and other information; establishing the Consumer Health Access 9
Program for Mental Health and Addiction Care Fund as a special, nonlapsing fund; 10
requiring interest earnings of the Fund to be credited to the Fund; and generally 11
relating to the Consumer Health Access Program for Mental Health and Addiction 12
Care. 13
BY adding to 14
Article – Health – General 15
Section 13–4401 through 13–4409 to be under the new subtitle “Subtitle 44. 16
Consumer Health Access Program for Mental Health and Addiction Care” 17
Annotated Code of Maryland 18
(2019 Replacement Volume and 2021 Supplement) 19
BY repealing and reenacting, without amendments, 20
Article – State Finance and Procurement 21
Section 6–226(a)(2)(i) 22
Annotated Code of Maryland 23
(2021 Replacement Volume) 24
BY repealing and reenacting, with amendments, 25
Article – State Finance and Procurement 26
Section 6–226(a)(2)(ii)144. and 145. 27
Annotated Code of Maryland 28 2 SENATE BILL 460
(2021 Replacement Volume) 1
BY adding to 2
Article – State Finance and Procurement 3
Section 6–226(a)(2)(ii)146. 4
Annotated Code of Maryland 5
(2021 Replacement Volume) 6
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 7
That the Laws of Maryland read as follows: 8
Article – Health – General 9
SUBTITLE 44. CONSUMER HEALTH ACCESS PROGRAM FOR MENTAL HEALTH AND 10
ADDICTION CARE. 11
13–4401. 12
(A) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANING S 13
INDICATED. 14
(B) “CONNECTOR ENTITY REGIONS” MEANS THE EIGHT GEOG RAPHICAL 15
REGIONS IN MARYLAND THAT HAVE BE EN DESIGNATED BY THE MARYLAND HEALTH 16
BENEFIT EXCHANGE FOR PURPOSES OF INSURANCE –RELATED OUTREACH , 17
EDUCATION, AND ENROLLMENT UNDER THE PATIENT PROTECTION AND 18
AFFORDABLE CARE ACT. 19
(C) “FUND” MEANS THE CONSUMER HEALTH ACCESS PROGRAM FOR 20
MENTAL HEALTH AND ADDICTION CARE FUND. 21
(D) “HEALTH PLAN” MEANS HEALTH INSURAN CE COVERAGE FOR MENTAL 22
HEALTH AND SUBSTANCE USE DISORDER BENEFIT S OFFERED BY ANY PAY ER OF 23
HEALTH CARE SERVICES , INCLUDING STATE–REGULATED INDIVIDUAL AND GROUP 24
PLANS, FULLY INSURED AND SELF –INSURED EMPLOYER –SPONSORED PLANS , THE 25
STATE EMPLOYEE HEALTH AND WELFARE BENEFITS PROGRAM, THE MARYLAND 26
MEDICAL ASSISTANCE PROGRAM, THE MARYLAND CHILDREN’S HEALTH 27
PROGRAM, MEDICARE, TRICARE, AND VETERANS ADMINISTRATION HEALTH 28
BENEFITS. 29
(E) “HUB ENTITY” MEANS THE PRIVATE , COMMUNITY –BASED, NONPROFIT 30
CORPORATION OR ORGAN IZATION WITH OFFICES LOCATED IN THE STATE OR A 31
PUBLIC UNIVERSITY IN THE STATE SELECTED BY THE INCU BATOR ENTITY AND 32
RESPONSIBLE FOR OPER ATING THE PROGRAM. 33
SENATE BILL 460 3
(F) “INCUBATOR ENTITY” MEANS THE UNIVERSITY OF MARYLAND 1
BALTIMORE SCHOOL OF SOCIAL WORK CENTER FOR ADDICTION RESEARCH, 2
EDUCATION, AND SERVICES. 3
(G) “MENTAL HEALTH PARITY AND ADDICTION EQUITY ACT” OR “PARITY 4
ACT” MEANS THE PAUL WELLSTONE AND PETE DOMENICI MENTAL HEALTH 5
PARITY AND ADDICTION EQUITY ACT OF 2008 AND IMPLEMENTING REG ULATIONS 6
45 C.F.R. § 146.136 AND 29 C.F.R. § 2590.712. 7
(H) “PROGRAM” MEANS THE CONSUMER HEALTH ACCESS PROGRAM FOR 8
MENTAL HEALTH AND ADDICTION CARE. 9
(I) “PROVIDER” MEANS: 10
(1) A LICENSED OR CERTIFIE D PRACTITIONER WHOSE SCOPE OF 11
PRACTICE INCLUDES TH E PROVISION OF MENTAL HEALTH OR SUB STANCE USE 12
DISORDER TREATMENT ; 13
(2) A FACILITY LICENSED TO PROVIDE MENTAL HEALT H OR 14
SUBSTANCE USE DISORD ER TREATMENT ; OR 15
(3) A CERTIFIED PEER COUNS ELOR WHO PROVIDES SU PPORT 16
SERVICES TO PATIENTS WITH MENTAL HEALTH O R SUBSTANCE USE DISO RDERS. 17
(J) “SPECIALTY ENTITY” MEANS A PRIVATE , COMMUNITY –BASED, 18
NONPROFIT CORPORATIO N OR ORGANIZATION WI TH OFFICES LOCATED I N THE 19
STATE THAT ENTERS INTO A C ONTRACT WITH THE HUB ENTITY TO ASSIST IN THE 20
DELIVERY OF CONSUMER ASSISTANCE SERVICES . 21
(K) “SPOKE ENTITY ” MEANS THE PRIVATE , COMMUNITY –BASED, 22
NONPROFIT CORPORATIO N OR ORGANIZATION WI TH OFFICES LOCATED I N THE 23
STATE THAT ENTERS INTO A CONTRACT WITH THE HU B ENTITY TO PROVIDE 24
CONSUMER ASSISTANCE SERVICES IN ONE OF T HE EIGHT CONNECTOR E NTITY 25
REGIONS. 26
13–4402. 27
(A) THERE IS A CONSUMER HEALTH ACCESS PROGRAM FOR MENTAL 28
HEALTH AND ADDICTION CARE. 29
(B) THE PURPOSE S OF THE PROGRAM ARE TO: 30
4 SENATE BILL 460
(1) ASSIST STATE RESIDENTS IN ACCESSI NG MENTAL HEALTH AND 1
SUBSTANCE USE DISORD ER SERVICES UNDER PU BLIC AND PRIVATE HEA LTH 2
INSURANCE; AND 3
(2) ADDRESS INSURANCE –RELATED BARRIERS TO MENTAL HEALTH 4
AND SUBSTANCE USE DI SORDER SERVICES THROUGH CON SUMER OUTREACH AND 5
EDUCATION, CLIENT ASSISTANCE AN D REPRESENTATION , DATA COLLECTION AND 6
ANALYSIS, AND RESOLUTION OF SY STEM–WIDE BARRIERS . 7
(C) THE PROGRAM SHALL BE ADMI NISTERED BY THE INCUBATOR ENTITY 8
AND A HUB ENTITY SEL ECTED BY THE INCUBATOR ENTITY . 9
13–4403. 10
(A) THERE IS A CONSUMER HEALTH ACCESS PROGRAM FOR MENTAL 11
HEALTH AND ADDICTION CARE FUND. 12
(B) THE PURPOSE OF THE FUND IS TO PROVIDE FUNDING TO THE 13
INCUBATOR ENTITY , HUB ENTITY, AND SPOKE AND SPECIALTY ENTITIES TO CARRY 14
OUT THE RESPONSIBILITIES OF THE PROGRAM. 15
(C) THE INCUBATOR ENTITY AND THE HUB ENTITY SELECTED BY THE 16
INCUBATOR ENTITY SHALL ADMINISTER THE FUND. 17
(D) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT 18
SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 19
(2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY , 20
AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 21
(E) THE FUND CONSISTS OF : 22
(1) MONEY APPROPRIATED IN THE STATE BUDGET TO THE FUND; 23
(2) INTEREST EARNINGS CRE DITED TO THE FUND UNDER 24
SUBSECTION (F)(2) OF THIS SECTION; AND 25
(3) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED FOR 26
THE BENEFIT OF THE FUND. 27
(F) (1) THE STATE TREASURER SHALL INVES T THE MONEY OF THE FUND 28
IN THE SAME MANNER A S OTHER STATE MONEY MAY BE INVESTED. 29
SENATE BILL 460 5
(2) ANY INTEREST EARNINGS OF THE FUND SHALL BE CREDITE D TO 1
THE FUND. 2
(G) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN ACCORDANCE 3
WITH THE STATE BUDGET . 4
(H) MONEY EXPENDED FROM T HE FUND FOR THE PROGRAM IS 5
SUPPLEMENTAL TO AND IS NOT INTENDED TO TAKE THE PLAC E OF FUNDING THAT 6
OTHERWISE WOULD BE A PPROPRIATED FOR THE PROGRAM. 7
13–4404. 8
CONTINGENT ON THE RECEIPT OF STATE FUND ING FOR THE PROGRAM, THE 9
INCUBATOR ENTITY SHALL IMPLEMENT THE PROGRAM BY: 10
(1) ON OR BEFORE JULY 1, 2023, CONDUCTING AND COMPLE TING AN 11
APPLICATION PROCESS TO SELECT A HUB ENTI TY FOR THE PROGRAM THAT MEETS 12
CRITERIA ESTABLISHED BY THE INCUBATOR ENTITY THAT SHALL INCLUDE THAT 13
THE HUB ENTITY HAVE : 14
(I) A PUBLIC INTEREST MISS ION; 15
(II) QUALIFIED STAFF WHO REPRESENT THE RACIAL , ETHNIC, 16
AND GENDER DIVERSITY OF RESIDENTS OF THE STATE AND INCLUDE INDIVIDU ALS 17
WITH PERSONAL EXPERI ENCE IN ACCESSING TR EATMENT FOR MENTAL H EALTH AND 18
SUBSTANCE USE DISORD ERS; 19
(III) ORGANIZATIONAL EXPERT ISE OR DEMONSTRATED 20
CAPACITY TO DEVELOP EXPERTISE IN : 21
1. MENTAL HEALTH AND SUB STANCE USE DISORDER 22
SERVICES; 23
2. INSURANCE COVERAGE OF MENTAL HEALTH AND 24
SUBSTANCE USE DISORD ER SERVICES; 25
3. PUBLIC OUTREACH AND E DUCATION ON INSURANC E 26
COVERAGE AND SUBSTAN CE USE DISORDER TREA TMENT; 27
4. CLIENT ASSISTANCE AND REPRESENTATION TO 28
RESOLVE INSURANCE DI SPUTES; 29
6 SENATE BILL 460
5. THE MENTAL HEALTH PARITY AND ADDICTION 1
EQUITY ACT STANDARDS ; AND 2
6. DATA GATHERING AND ANALYSIS ; 3
(IV) NO DIRECT INVOLVEMENT IN THE LICENSING , 4
CERTIFICATION , OR ACCREDITATION OF A MENTAL HEALTH OR S UBSTANCE USE 5
DISORDER FACILITY OR A HEALTH PLAN ; 6
(V) NO DIRECT OWNERSHIP O R INVESTMENT IN A ME NTAL 7
HEALTH OR SUBSTANCE USE DISORDER FACILITY OR HEALTH PLAN ; 8
(VI) NO PARTICIPATION IN T HE MANAGEMENT OF A M ENTAL 9
HEALTH OR SUBSTANCE USE DISORDER FACILIT Y OR HEALTH PLAN ; 10
(VII) NO AGREEMENT OR ARRAN GEMENT WITH AN OWNER OR 11
OPERATOR OF A MENTAL HEALTH OR SUBSTANCE USE DISORDER FACILITY OR A 12
HEALTH PLAN THAT COU LD DIRECTLY OR INDIR ECTLY RESULT IN REMU NERATION, 13
IN CASH OR IN KIND, TO THE ENTITY; AND 14
(VIII) A POLICY THAT ADDRESS ES ANY POTENTIAL CONFLI CT OF 15
INTEREST RELATED TO THE DELIVERY OF PROGRAM SERVICES AND THE DELIVERY 16
OF MENTAL HEALTH AND SU BSTANCE USE DISORDER SERVICES; 17
(2) ASSISTING THE HUB ENT ITY IN SELECTING AND ENTERING INTO 18
AN AGREEMENT TO DELI VER CONSUMER ASSISTA NCE SERVICES WITH ON E SPOKE 19
ENTITY IN EACH OF TH E EIGHT CONNECTOR ENTITY REGIONS THAT MEETS THE 20
CRITERIA ESTABLISHED BY THE HUB ENTITY ; 21
(3) ASSISTING THE HUB ENT ITY IN SELECTING AND ENTERING INTO 22
AGREEMENTS TO DELIVE R CONSUMER ASSISTANC E SERVICES WITH ONE OR MORE 23
SPECIALTY ENTIT IES, AS NEEDED, THAT MEET THE CRITER IA ESTABLISHED BY THE 24
HUB ENTITY; AND 25
(4) OFFERING TECHNICAL AS SISTANCE TO THE HUB ENTITY UNDER 26
AN AGREEMENT FOR A 3–YEAR PILOT PERIOD . 27
13–4405. 28
(A) THE PROGRAM SHALL BE COMPOSED OF THE HUB ENTITY, EIGHT SPOKE 29
ENTITIES, A SPECIALTY ENTITY , AS NEEDED, AND VOLUNTEERS WITH APPROPRIATE 30
TRAINING AND SUPERVI SION TO ASSIST WITH PROGRAM ACTIVITIES . 31
SENATE BILL 460 7
(B) THE PROGRAM SHALL OPERATE A 3–YEAR PILOT PROGRAM T O HELP 1
CONSUMERS , INCLUDING INDIVIDUALS WHO AR E UNINSURED OR HAVE PRIVATE OR 2
PUBLIC HEALTH PLANS , AND PROVIDERS NAVIGA TE AND RESOLVE ISSUE S RELATED 3
TO: 4
(1) HEALTH PLAN ENROLLMEN T AND COVERAGE ; 5
(2) CONSUMER ACCESS TO ME NTAL HEALTH AND SUBS TANCE USE 6
DISORDER SERVICES ; AND 7
(3) ENFORCEMENT OF RIGHTS UNDER THE MENTAL HEALTH PARITY 8
AND ADDICTION EQUITY ACT AND STATE AND FEDERAL INSURANC E LAWS. 9
(C) WITHIN 1 YEAR AFTER THE RECEIPT OF STATE FUND ING FOR THE 10
PROGRAM, THE PROGRAM SHALL : 11
(1) CONDUCT IN–PERSON AND OTHER OUT REACH AND EDUCATION 12
FOR RESIDENTS OF THE STATE TO IMPROVE HEALTH LI TERACY REGARDING : 13
(I) MENTAL HEALTH AND SUB STANCE USE DISORDER HEALTH 14
BENEFIT COVERAGE AND AVAILABLE SERVICES ; 15
(II) ENROLLMENT IN HEALTH PLANS; 16
(III) ACCESS TO MENTAL HEAL TH AND SUB STANCE USE 17
DISORDER TREATMENT ; AND 18
(IV) RIGHTS UNDER THE MENTAL HEALTH PARITY AND 19
ADDICTION EQUITY ACT; 20
(2) ESTABLISH AND OPERATE A TOLL–FREE HELPLINE AND AN 21
ON–LINE ASSISTANCE PORT AL TO ALLOW CONSUMER S, PROVIDERS WHO ARE 22
ACTING ON BEHALF OF CONSUMERS, AND INDIVIDUALS WITHIN T HE STATE’S 23
BEHAVIORAL HEALTH CRISIS RESPONSE SYST EM ACCESS TO THE SER VICES OF THE 24
PROGRAM; 25
(3) ASSIST CONSUMERS AND PROVIDERS WHO ARE A CTING ON 26
BEHALF OF C ONSUMERS IN RESOLVING ISSUES RELATED TO HEALTH PL AN 27
ENROLLMENT AND SERVICE COVERAGE AND ACCESS BY WORKIN G WITH 28
APPROPRIATE REGULATO RY AGENCIES AND HEAL TH PLAN REPRESENTATI VES; 29
(4) ASSIST AND REPRESENT CONSUMERS IN THE FIL ING OF 30
COMPLAINTS , GRIEVANCES, AND APPEALS, INCLUDING: 31 8 SENATE BILL 460
(I) COMPLAINTS THROUGH THE INTERNAL GRIEVAN CE AND 1
EXTERNAL REVIEW PROC ESS UNDER TITLE 15, SUBTITLE 10A OF THE INSURANCE 2
ARTICLE; 3
(II) APPEALS OF COVERAGE D ECISIONS UNDER TITLE 15, 4
SUBTITLE 10D OF THE INSURANCE ARTICLE; 5
(III) EMPLOYER–SPONSORED PLAN INTER NAL AND EXTERNAL 6
APPEAL PROCEDURES ; 7
(IV) MEDICAID FAIR HEARING S; AND 8
(V) MEDICARE APPEALS ; 9
(5) AS APPROPRIATE , WORK JOINTLY WITH STATE AGENCIES, 10
INCLUDING THE DEPARTMENT , THE MARYLAND INSURANCE ADMINISTRATION , 11
AND THE MARYLAND HEALTH BENEFIT EXCHANGE TO PROMOTE GREATER ACCE SS 12
TO MENTAL HEALTH AND SUBSTANCE USE DISORD ER SERVICES AND RESO LUTION 13
OF CONSUMER COMPLAIN TS; 14
(6) ENTER INTO A MEMORAND UM OF UNDERSTANDING WITH THE 15
HEALTH EDUCATION AND ADVOCACY UNIT OF THE OFFICE OF THE ATTORNEY 16
GENERAL TO COORDINA TE CONSUMER ASSISTAN CE SERVICES AND ENSU RE 17
EFFECTIVE AND NONDUP LICATIVE ASSISTANCE IN ADDRESSING HEALTH PLAN 18
COMPLAINTS AND APPEA LS RELATED TO MENTAL HEALTH AND SUBSTANCE USE 19
DISORDER SERVICES ; 20
(7) COLLECT AND ANALYZE D ATA ON ALL SERVICES PROVIDED BY 21
THE PROGRAM, INCLUDING DE –IDENTIFIED DEMOGRAPH IC INFORMATION ABOUT 22
CONSUMERS WHO SOUGHT AND RECEIVED ASSISTA NCE, THE TYPES OF SERVICES 23
PROVIDED, AND OUTCOME S OF THE ASSISTANCE PROVIDED; 24
(8) (I) IDENTIFY TRENDS AND G APS IN COVERAGE OF A ND ACCESS 25
TO MENTAL HEALTH AND SUB STANCE USE DISORDER SERVICES; 26
(II) IDENTIFY TRENDS IN VIOLATIONS OF THE MENTAL HEALTH 27
PARITY AND ADDICTION EQUITY ACT; AND 28
(III) RECOMMEND POLICIES AN D PRACTICES TO RESOL VE 29
DEFICIENCIES IN COVERAGE AND ACCE SS TO SERVICES; 30
SENATE BILL 460 9
(9) MAKE DATA , TREND ANALYSES , AND RECOMMENDATIONS 1
AVAILABLE TO: 2
(I) MEMBERS OF THE PUBLIC; 3
(II) GOVERNMENT AGENCIES ; 4
(III) THE OFFICE OF THE ATTORNEY GENERAL; 5
(IV) THE GENERAL ASSEMBLY; AND 6
(V) ANY OTHER ENTITY THAT THE PROGRAM DETERMINES 7
APPROPRIATE ; 8
(10) CONDUCT ADVOCACY WITH GOVERNMENT AGENCIES IN THE 9
STATE AND THE GENERAL ASSEMBLY TO ADDRESS S YSTEMIC GAPS IN ACCE SS TO 10
MENTAL HEALTH AND SU BSTANCE USE DISORDER SERVICES AND VIOLATI ONS OF 11
THE MENTAL HEALTH PARITY AND ADDICTION EQUITY ACT; AND 12
(11) ISSUE AN ANNUAL REPOR T THAT INCLUDES : 13
(I) AN ACCOUNTING OF ALL PROGRAM ACTIVITIES; 14
(II) AN EVALUATION OF THE PERFORMANCE OF THE PROGRAM; 15
(III) A COMPLETE FISCAL ACCO UNTING; 16
(IV) IDENTIFICATION OF INS URANCE GAPS AND ISSUES 17
AFFECTING CONSUMERS AND PROVIDERS ; AND 18
(V) RECOMMENDATIONS TO IM PROVE ACCESS TO MENT AL 19
HEALTH AND SUBSTANCE USE DISORDER TREATMENT AND ENFORCEMENT OF T HE 20
MENTAL HEALTH PARITY AND ADDICTION EQUITY ACT. 21
13–4406. 22
THE PROGRAM SHALL PROMOTE EQUITY IN ACCESS TO MENTAL HEALTH AND 23
SUBSTANCE USE DISORD ER SERVICES BY: 24
(1) ENSURING THAT ALL CON SUMER ASSISTANCE SER VICES INCLUDE 25
AND REPRESENT THE DI VERSITY OF THE POPULATION OF THE STATE WITH RESPECT 26
TO RACE, ETHNICITY, LANGUAGE, RELIGION, GENDER DIVERSI TY, SEXUAL 27
ORIENTATION , SOCIOECONOMIC STATUS , AND DISABILITY STATU S; 28 10 SENATE BILL 460
(2) ENTERING AGREEMENTS W ITH SPOKE AND SPECIA LTY ENTITIES 1
THAT ARE LED BY AND SERVE BLACK, HISPANIC, ASIAN, INDIGENOUS, DISABILITY, 2
AND GENDER DIVERSE C OMMUNITIES AND SEEKI NG INPUT FRO M DIVERSE 3
COMMUNITIES IN CONSU MER ASSISTANCE SERVI CE DEVELOPMENT ; 4
(3) EMPLOYING INDIVIDUALS WITH LIVED EXPERIENC E IN MENTAL 5
HEALTH AND SUBSTANCE USE DISORDER TREATME NT, INCLUDING INDIVIDUALS 6
ENGAGED IN PEER SERV ICE DELIVERY; 7
(4) DELIVERING CULTURALLY COMPETENT SERVICES T HAT ARE 8
RESPONSIVE TO THE DI VERSE NEEDS OF RESID ENTS OF THE STATE AND PROVIDING 9
SERVICES IN MULTIPLE LANGUAGES ; 10
(5) PROMOTING ACCESS BY O FFERING SERVICES THR OUGH 11
MULTIPLE MODALITIES , INCLUDING IN –PERSON, TELEPHON E, AND INTERNET 12
SERVICES; AND 13
(6) COLLECTING AND ANALYZ ING DATA TO ADDRESS DISPARITIES IN 14
ACCESSING MENTAL HEA LTH AND SUBSTANCE US E DISORDER SERVICES BY RACE, 15
ETHNICITY, GENDER, AND GENDER IDENTITY . 16
13–4407. 17
(A) THE PROGRAM: 18
(1) MAY REQUEST , OBTAIN, AND USE THE MEDICAL OR OTHER 19
RECORDS OF A CONSUME R IN THE POSSESSION OF A HEALTH PLAN OR MENTAL 20
HEALTH OR SUBSTANCE USE DISORDER PROVIDE R IF THE PROGRAM RECEIVES THE 21
APPROPRIATE CONSENT FROM THE INDIVIDUAL OR THE LEGAL REPRESE NTATIVE 22
OF THE INDIVID UAL; 23
(2) SHALL USE AND DISCLOS E AN INDIVIDUAL ’S RECORDS IN 24
COMPLIANCE WITH THE FEDERAL CONFIDENTIALITY OF ALCOHOL AND DRUG 25
ABUSE PATIENT RECORDS REGULATION, 42 C.F.R. PART 2, THE HEALTH 26
INSURANCE PORTABILITY AND ACCOUNTABILITY ACT, 45 C.F.R. §§ 160 AND 164, 27
AND STATE HEALTH PRIVACY STAND ARDS; AND 28
(3) MAY NOT DISCLOSE PERSONAL IDENTIFYING INFORMATION 29
ABOUT A CONSUMER IN ANY FORM OTHER TH AN AGGREGATE DATA IN ANY PUBLIC 30
DOCUMENT UNLESS THE INDIVIDUAL OR LEGAL REPRESENTAT IVE OF THE 31
INDIVIDUAL HAS PROVIDED THE APP ROPRIATE CONSENT FOR RELEASE OF 32
INFORMATION . 33 SENATE BILL 460 11
(B) THE PROGRAM SHALL REQUEST AND PROMPTLY RECEIVE , WITH 1
REASONABLE NOTICE , THE COOPERATION , ASSISTANCE, INFORMATION , AND 2
RECORDS FROM STATE AGENCIES AS NEC ESSARY TO ENABLE THE PROGRAM TO 3
INVESTIGATE A CONSUM ER’S COMPLAINT. 4
13–4408. 5
THE PROGRAM SHALL PUBLISH A NOTI CE CONCERNING THE SE RVICES 6
OFFERED BY THE PROGRAM THAT SHALL BE POSTED IN A CONSPICUOUS LOCATION 7
AND INCLUDED IN WRIT TEN MATERIALS BY : 8
(1) EACH EMPLOYER THAT PR OVIDES HEALTH INSURANCE OR A 9
HEALTH PLAN ; 10
(2) MENTAL HEALTH AND SUB STANCE USE DISORDER PROVIDERS 11
AND CRISIS SERVICES ; AND 12
(3) OTHER ENTITIES ON REA SONABLE REQUEST BY T HE PROGRAM. 13
13–4409. 14
(A) THE GOVERNOR SHALL INCLUD E IN THE ANNUAL BUDG ET BILL THE 15
FOLLOWING AMOUNTS TO THE FUND: 16
(1) $1,000,000 FOR FISCAL YEAR 2024; 17
(2) $1,000,000 FOR FISCAL YEAR 2025; AND 18
(3) $1,000,000 FOR FISCAL YEAR 2026. 19
(B) (1) THE APPROPRIATION TO THE FUND FOR FISCAL YEAR 2024 20
UNDER SUBSECTION (A)(1) OF THIS SECTION SHAL L BE USED TO FUND THE 21
INCUBATOR ENTITY TO CARRY OUT THE ACTIVI TIES SPECIFIED UNDER § 13–4404 OF 22
THIS SUBTITLE. 23
(2) THE APPROPRIATIONS FO R FISCAL YEARS 2025 AND 2026 UNDER 24
SUBSECTION (A)(2) AND (3) OF THIS SECTION SHAL L BE USED TO FU ND THE HUB 25
ENTITY, ANY SPOKE AND SPECIALTY ENTITIES CONTRACTED BY THE HUB ENTITY TO 26
CARRY OUT THE ACTIVI TIES SPECIFIED UNDER § 13–4405 OF THIS SUBTITLE , AND 27
ANY ACTIVITIES CONDU CTED BY THE INCUBATO R ENTITY IN FISCAL YEARS 2025 AND 28
2026. 29
12 SENATE BILL 460
(C) THE PROGRAM MAY APPLY FOR AND AC CEPT GRANTS , GIFTS, AND 1
OTHER FUNDS FROM FEDERAL AND STATE PROGRAMS AND FOUNDATIONS AND 2
PRIVATE DONATIONS FO R THE PURPOSE OF CAR RYING OUT THE PROGRAM’S 3
RESPONSIBILITIES . 4
Article – State Finance and Procurement 5
6–226. 6
(a) (2) (i) Notwithstanding any other provision of law, and unless 7
inconsistent with a federal law, grant agreement, or other federal requirement or with the 8
terms of a gift or settlement agreement, net interest on all State money allocated by the State 9
Treasurer under this section to special funds or accounts, and otherwise entitled to receive 10
interest earnings, as accounted for by the Comptroller, shall accrue to the General Fund of 11
the State. 12
(ii) The provisions of subparagraph (i) of this paragraph do not apply 13
to the following funds: 14
144. the Health Equity Resource Community Reserve Fund; 15
[and] 16
145. the Access to Counsel in Evictions Special Fund; AND 17
146. THE CONSUMER HEALTH ACCESS PROGRAM FOR 18
MENTAL HEALTH AND ADDICTION CARE FUND. 19
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 20
October 1, 2022. 21