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.
*sb0460*
SENATE BILL 460
J1, J5 2lr1691
CF HB 517
By: Senator Augustine Senators Augustine and Hester
Introduced and read first time: January 27, 2022
Assigned to: Finance
Committee Report: Favorable with amendments
Senate action: Adopted
Read second time: March 14, 2022
CHAPTER ______
AN ACT concerning 1
Consumer Health Access Program for Mental Health and Addiction Care – 2
Establishment 3
Health – Insurance Coverage Information 4
FOR the purpose of establishing that the Health Education Advocacy Unit in the Office of 5
the Attorney General is the State’s office of consumer assistance under a certain 6
federal law; establishing the Consumer Health Access Program for Mental Health 7
and Addiction Care to assist State residents in accessing mental health and 8
substance use disorder services under public and private health insurance and 9
address insurance–related barriers to mental health and substance use disorder 10
services; establishing certain requirements on the Program relating to consumer 11
medical records and other information; establishing the Consumer Health Access 12
Program for Mental Health and Addiction Care Fund as a special, nonlapsing fund; 13
requiring interest earnings of the Fund to be credited to the Fund; establishing the 14
Consumer Health Access Program Advisory Council for certain purposes; and 15
generally relating to the Consumer Health Access Program for Mental Health and 16
Addiction Care health insurance coverage information. 17
BY repealing and reenacting, with amendments, 18
Article – Commercial Law 19
Section 13–4A–01 20
Annotated Code of Maryland 21
(2013 Replacement Volume and 2021 Supplement) 22
BY adding to 23 2 SENATE BILL 460
Article – Health – General 1
Section 13–4401 through 13–4409 13–4410 to be under the new subtitle “Subtitle 44. 2
Consumer Health Access Program for Mental Health and Addiction Care” 3
Annotated Code of Maryland 4
(2019 Replacement Volume and 2021 Supplement) 5
BY repealing and reenacting, without amendments, 6
Article – State Finance and Procurement 7
Section 6–226(a)(2)(i) 8
Annotated Code of Maryland 9
(2021 Replacement Volume) 10
BY repealing and reenacting, with amendments, 11
Article – State Finance and Procurement 12
Section 6–226(a)(2)(ii)144. and 145. 13
Annotated Code of Maryland 14
(2021 Replacement Volume) 15
BY adding to 16
Article – State Finance and Procurement 17
Section 6–226(a)(2)(ii)146. 18
Annotated Code of Maryland 19
(2021 Replacement Volume) 20
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 21
That the Laws of Maryland read as follows: 22
Article – Commercial Law 23
13–4A–01. 24
(A) There is a Health Education and Advocacy Unit in the Division. 25
(B) THE HEALTH EDUCATION AND ADVOCACY UNIT IS THE STATE’S OFFICE 26
OF HEALTH INSURANCE CONSUMER A SSISTANCE UNDER § 1002 OF THE FEDERAL 27
PATIENT PROTECTION AND AFFORDABLE CARE ACT. 28
Article – Health – General 29
SUBTITLE 44. CONSUMER HEALTH ACCESS PROGRAM FOR MENTAL HEALTH AND 30
ADDICTION CARE. 31
13–4401. 32
(A) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS 33
INDICATED. 34 SENATE BILL 460 3
(B) “CONNECTOR ENTITY REGI ONS” MEANS THE EIGHT GEOG RAPHICAL 1
REGIONS IN MARYLAND THAT HAVE BE EN DESIGNATED BY THE MARYLAND HEALTH 2
BENEFIT EXCHANGE FOR PURPOSES OF INSURANCE –RELATED OUTREACH , 3
EDUCATION, AND ENRO LLMENT UNDER THE PATIENT PROTECTION AND 4
AFFORDABLE CARE ACT. 5
(C) “CONSUMER ASSISTANCE S ERVICES” MEANS SERVICES WITH THE 6
PURPOSES OF: 7
(1) PROVIDING ADMINISTRAT IVE ASSISTANCE TO PROGRAM 8
PARTICIPANTS TO ENRO LL IN HEALTH COVERAG E PLANS FOR WHICH TH E 9
PARTICIPANTS QUALIFY ; 10
(2) ASSISTING PROGRAM PARTICIPANTS TO ACCE SS TREATMENT FOR 11
MENTAL HEALTH AND SU BSTANCE USE DISORDER S; 12
(3) COMMUNICATING AND COO RDINATING WITH HEALT H COVERAGE 13
PLANS ON BEHALF OF PROGRAM PARTICIPANTS AND THEIR PROVIDERS REGARDING 14
COVERAGE FOR MENTAL HEALTH AND SUBSTANCE USE DISORDER TREATME NT 15
UNDER THE TERMS OF T HE HEALTH COVERAGE P LAN IN WHICH THE PROGRAM 16
PARTICIPANT IS ENROL LED; 17
(4) OFFERING TO CONNECT PROGRAM PARTICIPANTS TO FEDERAL 18
AND STATE GOVERNMENTAL AG ENCIES OR AUTHORIT IES THAT PROVIDE 19
ASSISTANCE TO CONSUM ERS IN PURSUING CONT RACTUAL OR ADMINISTR ATIVE 20
APPEALS, GRIEVANCES, OR COMPLAINTS AGAINS T OR RELATED TO HEAL TH 21
COVERAGE PLANS WITH RESPECT TO MENTAL HE ALTH AND SUBSTANCE U SE 22
DISORDER BENEFIT CLA IMS; 23
(5) ASSISTING PROGRAM PARTICIPANTS TO PURSUE CONTRACTUAL , 24
ADMINISTRATIVE , OR JUDICIAL COMPLAIN TS AGAINST HEALTH CO VERAGE PLANS 25
FOR FAILURE TO PROVI DE MENTAL HEALTH OR SUBSTANCE USE DISORD ER 26
BENEFITS REQUIRED BY CONTRACT OR UNDER FE DERAL OR STATE LAW, INCLUDING 27
PROVIDING LEG AL REPRESENTATION ; 28
(6) PROVIDING OUTREACH AN D EDUCATION TO PROGRAM 29
PARTICIPANTS AND CON SUMERS REGARDING ACC ESS TO MENTAL HEALTH AND 30
SUBSTANCE USE DISORD ER TREATMENT SERVICE S UNDER HEALTH COVER AGE 31
PLANS; AND 32
(7) PROVIDING CONSUMER ED UCATION MATERIALS REGARDING 33
ACCESSING COVERAGE F OR MENTAL HEALTH AND SUBSTANCE USE DISORD ERS 34
UNDER HEALTH COVERAG E PLANS AND RIGHTS U NDER FEDERAL AND STATE LAW 35 4 SENATE BILL 460
OTHER THAN CONSUMER EDUCATION INFORMATIO N PROVIDED UNDER § 2–303.1 OF 1
THE INSURANCE ARTICLE. 2
(C) (D) “FUND” MEANS THE CONSUMER HEALTH ACCESS PROGRAM FOR 3
MENTAL HEALTH AND ADDICTION CARE FUND. 4
(D) (E) “HEALTH COVERAGE PLAN” MEANS HEALTH INSURANCE 5
COVERAGE FOR MENTAL HEALTH AND SUBSTANCE USE DISORDER BENEFIT S 6
OFFERED BY ANY PAYER OF HEALTH CARE SERVICES , INCLUDING 7
STATE–REGULATED INDIVIDUAL AND GROUP PLANS, FULLY INSURED AND 8
SELF–INSURED EMPLOYER –SPONSORED PLANS , THE STATE EMPLOYEE HEALTH 9
AND WELFARE BENEFITS PROGRAM,: 10
(1) A HEALTH BENEFIT PLAN AS DEFINED IN § 2–112.2 OF THE 11
INSURANCE ARTICLE; 12
(2) A SELF–FUNDED HEALTH PLAN ; 13
(3) THE MARYLAND MEDICAL ASSISTANCE PROGRAM,; 14
(4) THE MARYLAND CHILDREN’S HEALTH PROGRAM, MEDICARE, 15
TRICARE, AND; 16
(5) MEDICARE; 17
(6) TRICARE; AND 18
(7) VETERANS ADMINISTRATION HEALTH BENEFITS. 19
(E) (F) “HUB ENTITY” MEANS THE PRIVATE , COMMUNITY –BASED, 20
NONPROFIT CORPORATIO N OR ORGANIZATION WI TH OFFICES LOCATED I N THE 21
STATE OR A PUBLIC UNI VERSITY IN THE STATE SELECTED BY THE INCUBATOR 22
ENTITY AND RESPONSIB LE FOR OPERATING THE PROGRAM. 23
(F) (G) “INCUBATOR ENTITY ” MEANS THE UNIVERSITY OF MARYLAND 24
BALTIMORE SCHOOL OF SOCIAL WORK CENTER FOR ADDICTION RESEARCH, 25
EDUCATION, AND SERVICES. 26
(G) (H) “MENTAL HEALTH PARITY AND ADDICTION EQUITY ACT” OR 27
“PARITY ACT” MEANS THE PAUL WELLSTONE AND PETE DOMENICI MENTAL 28
HEALTH PARITY AND ADDICTION EQUITY ACT OF 2008 AND IMPLEMENTING 29
REGULATIONS 45 C.F.R. § 146.136 AND 29 C.F.R. § 2590.712. 30
SENATE BILL 460 5
(H) (I) “PROGRAM” MEANS THE CONSUMER HEALTH ACCESS PROGRAM 1
FOR MENTAL HEALTH AND ADDICTION CARE. 2
(I) (J) “PROVIDER” MEANS: 3
(1) A LICENSED OR CERTIFIED PRACTITION ER WHOSE SCOPE OF 4
PRACTICE INCLUDES TH E PROVISION OF MENTA L HEALTH OR SUBSTANC E USE 5
DISORDER TREATMENT ; 6
(2) A FACILITY LICENSED TO PROVIDE MENTAL HEALT H OR 7
SUBSTANCE USE DISORD ER TREATMENT ; OR 8
(3) A CERTIFIED PEER COUNS ELOR WHO P ROVIDES SUPPORT 9
SERVICES TO PATIENTS WITH MENTAL HEALTH O R SUBSTANCE USE DISO RDERS A 10
PHYSICIAN, FACILITY, INCLUDING A HOSPITAL , OR OTHER PERSON THAT IS 11
LICENSED, CERTIFIED, OR OTHERWISE AUTHORI ZED TO PROVIDE MENTA L HEALTH 12
CARE OR SUBSTANCE US E DISORDER TRE ATMENT SERVICES OR S ERVICES 13
PROVIDED IN CONNECTI ON WITH MENTAL HEALT H CARE OR SUBSTANCE USE 14
DISORDER TREATMENT . 15
(J) (K) “SPECIALTY ENTITY ” MEANS A PRIVATE , COMMUNITY –BASED, 16
NONPROFIT CORPORATIO N OR ORGANIZATION WI TH OFFICES LOCATED I N THE 17
STATE THAT ENTERS INTO A CONTRA CT WITH THE HUB ENTI TY TO ASSIST IN THE 18
DELIVERY OF CONSUMER ASSISTANCE SERVICES . 19
(K) (L) “SPOKE ENTITY ” MEANS THE PRIVATE , COMMUNITY –BASED, 20
NONPROFIT CORPORATIO N OR ORGANIZATION WI TH OFFICES LOCATED I N THE 21
STATE THAT ENTERS INT O A CONTRACT WITH THE HUB ENTITY TO PROVIDE 22
CONSUMER ASSISTANCE SERVICES IN ONE OF T HE EIGHT CONNECTOR E NTITY 23
REGIONS. 24
13–4402. 25
(A) THERE IS A CONSUMER HEALTH ACCESS PROGRAM FOR MENTAL 26
HEALTH AND ADDICTION CARE. 27
(B) THE PURPOSES OF THE PROGRAM ARE TO : 28
(1) ASSIST STATE RESIDENTS IN AC CESSING MENTAL HEALT H AND 29
SUBSTANCE USE DISORD ER SERVICES UNDER PU BLIC AND PRIVATE HEA LTH 30
INSURANCE PROVIDE CONSUMER ASSI STANCE SERVICES ; AND 31
(2) ADDRESS INSURANCE –RELATED BARRIERS TO MENTAL HEALTH 32
AND SUBSTANCE USE DI SORDER SERVICES THROUGH CONSUMER OUTREACH AN D 33 6 SENATE BILL 460
EDUCATION, CLIENT ASSISTANCE AN D REPRESENTATION , DATA COLLECTION AND 1
ANALYSIS, AND RESOLUTION OF SY STEM–WIDE BARRIERS COLLECT AND ANALYZE 2
DATA FROM PROGRAM PARTICIPANTS AND PROVIDERS TO IDE NTIFY AND HELP 3
RESOLVE BARRIERS TO MENTAL H EALTH AND SUBSTANCE USE DISORDER 4
TREATMENT . 5
(C) THE PROGRAM SHALL BE ADMI NISTERED BY THE INCU BATOR ENTITY 6
AND A HUB ENTITY SEL ECTED BY THE INCUBAT OR ENTITY. 7
13–4403. 8
(A) THERE IS A CONSUMER HEALTH ACCESS PROGRAM FOR MENTAL 9
HEALTH AND ADDICTION CARE FUND. 10
(B) THE PURPOSE OF THE FUND IS TO PROVIDE FU NDING TO THE 11
INCUBATOR ENTITY , HUB ENTITY, AND SPOKE AND SPECIA LTY ENTITIES TO CARR Y 12
OUT THE RESPONSIBILI TIES OF THE PROGRAM. 13
(C) THE INCUBATOR ENTITY AND THE HUB ENTITY S ELECTED BY THE 14
INCUBATOR ENTITY SHA LL ADMINISTER THE FUND. 15
(D) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT 16
SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 17
(2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY , 18
AND THE COMPTROLLER SHA LL ACCOUNT FOR THE FUND. 19
(E) THE FUND CONSISTS OF : 20
(1) MONEY APPROPRIATED IN THE STATE BUDGET TO THE FUND; 21
(2) INTEREST EARNINGS CRE DITED TO THE FUND UNDER 22
SUBSECTION (F)(2) OF THIS SECTION; AND 23
(3) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED FOR 24
THE BENEFIT OF THE FUND. 25
(F) (1) THE STATE TREASURER SHALL INVES T THE MONEY OF THE FUND 26
IN THE SAME MANNER A S OTHER STATE MONEY MAY BE IN VESTED. 27
(2) ANY INTEREST EARNINGS OF THE FUND SHALL BE CREDITE D TO 28
THE FUND. 29
(G) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN: 30 SENATE BILL 460 7
(I) TO CARRY OUT THE PURP OSE AND ACTIVITIES O F THE 1
PROGRAM; AND 2
(II) IN ACCORDANCE WITH THE STATE BUDGET . 3
(H) MONEY EXPENDED FROM T HE FUND FOR THE PROGRAM IS 4
SUPPLEMENTAL TO AND IS NOT INTENDED TO TAKE THE PLACE OF FU NDING THAT 5
OTHERWISE WOULD BE A PPROPRIATED FOR THE PROGRAM. 6
13–4404. 7
CONTINGENT ON THE REC EIPT OF STATE FUNDING FOR THE PROGRAM, THE 8
INCUBATOR ENTITY SHA LL IMPLEMENT THE PROGRAM BY: 9
(1) ON OR BEFORE JULY JANUARY 1, 2023, CONDUCTING AND 10
COMPLETING AN APPLICATION PROCESS TO SELECT A HUB ENTI TY FOR THE 11
PROGRAM THAT MEETS CRITERIA ESTABLISHED BY THE INCUBATOR ENT ITY THAT 12
SHALL INCLUDE THAT THE HUB ENTITY HAVE ISSUING A REQUEST FO R PROPOSALS 13
FOR A HUB ENTITY ; 14
(2) ON OR BEFORE JULY 1, 2023, SELECTING AN ENTITY TO SERVE AS 15
THE HUB ENTITY THAT HAS: 16
(I) A PUBLIC INTEREST MISS ION; 17
(II) QUALIFIED STAFF STAFF WHO REPRESENT THE RA CIAL, 18
ETHNIC, AND GENDER DIVERSITY OF RESIDENTS OF THE STATE AND INCLUDE 19
INDIVIDUALS WITH PERSONAL EXPERIENCE IN ACCESSING TREATME NT FOR 20
MENTAL HEALTH AND SUBSTANCE USE DISORD ERS; 21
(III) STAFF WHO ARE QUALIFI ED BY EDUCATION , TRAINING, 22
EXPERIENCE, AND, IF APPLICABLE, LICENSURE, CERTIFICATION , OR REGISTRATION 23
TO PROVIDE CONSUMER ASSISTANCE SER VICES; 24
(III) ORGANIZATIONAL EXPERT ISE OR DEMONSTRATED 25
CAPACITY TO DEVELOP EXPERTISE IN: 26
1. MENTAL HEALTH AND SUB STANCE USE DISORDER 27
SERVICES; 28
2. INSURANCE COVERAGE OF MENTAL HEALTH AND 29
SUBSTANCE USE DISORD ER SERVICES; 30
8 SENATE BILL 460
3. PUBLIC OUTREACH AND EDUCATION ON INS URANCE 1
COVERAGE AND SUBSTAN CE USE DISORDER TREA TMENT; 2
4. CLIENT ASSISTANCE AND REPRESENTATION TO 3
RESOLVE INSURANCE DI SPUTES; 4
5. THE MENTAL HEALTH PARITY AND ADDICTION 5
EQUITY ACT STANDARDS ; AND 6
6. DATA GATHERING AND ANALYSIS; 7
(IV) NO DIRECT INVOLVEMENT IN THE LICENSING , 8
CERTIFICATION , OR ACCREDITATION OF A MENTAL HEALTH OR S UBSTANCE USE 9
DISORDER FACILITY OR A HEALTH COVERAGE PLAN; 10
(V) NO DIRECT OWNERSHIP O R INVESTMENT IN A ME NTAL 11
HEALTH OR SUBSTANCE USE DISORDER FACILIT Y OR HEALTH COVERAGE PLAN; 12
(VI) NO PARTICIPATION IN T HE MANAGEMENT OF A M ENTAL 13
HEALTH OR SUBSTANCE USE DISORDER FACILIT Y OR HEALTH COVERAGE PLAN; 14
(VII) NO AGREEME NT OR ARRANGEMENT WI TH AN OWNER OR 15
OPERATOR OF A MENTAL HEALTH OR SUBSTANCE USE DISORDER FACILIT Y OR A 16
HEALTH COVERAGE PLAN THAT COULD DIRE CTLY OR INDIRECTLY R ESULT IN 17
REMUNERATION , IN CASH OR IN KIND, TO THE ENTITY; AND 18
(VIII) 1. NO AGREEMENT OR ARRAN GEMENT WITH AN OWNER 19
OR OPERATOR OF A MEN TAL HEALTH OR SUBSTA NCE USE DISORDER FAC ILITY THAT 20
COULD DIRECTLY OR IN DIRECTLY RESULT IN R EMUNERATION , IN CASH OR IN KIND, 21
TO THE ENTITY; OR 22
2. A POLICY THAT ADDRESSE S ANY POTENTIAL 23
CONFLICT OF INTEREST RELATED TO THE DELIV ERY OF PROGRAM SERVICES AND 24
THE DELIVERY OF MENT AL HEALTH AND SUBSTA NCE USE DISORDER SER VICES; AND 25
(IX) ADOPTED AND MAINTAINS A HEALTH INFORMATION 26
SECURITY SYSTEM PROG RAM THAT MEETS THE HEALTH INSURANCE PORTABILITY 27
AND ACCOUNTABILITY ACT OF 1996 CRITERIA AS APPLICAB LE; 28
(2) (3) ASSISTING THE HUB ENT ITY IN SELECTING SELECTING AND 29
ENTERING INTO AN AGREEMENT AGREEMENTS , DIRECTLY OR THROUGH A HUB 30
ENTITY, TO DELIVER CONSUMER ASSISTANCE SERVICES WI TH ONE SPOKE ENTITY IN 31
EACH OF THE EIGHT CO NNECTOR ENTITY REGIO NS THAT MEETS THE CR ITERIA 32
ESTABLISHED BY THE H UB ENTITY LISTED IN ITEM (2) OF THIS SECTION; 33 SENATE BILL 460 9
(3) (4) ASSISTING THE HUB ENT ITY IN SELECTING SELECTING AND 1
ENTERING INTO AGREEMENTS , DIRECTLY OR THROUGH A HUB ENTITY, TO DELIVER 2
CONSUMER ASSISTANCE SERVICES WITH ONE OR MORE SPECIALTY ENTIT IES, AS 3
NEEDED, THAT MEET THE CRITER IA ESTABLISHED BY THE HUB ENTITY LISTED IN 4
ITEM (2) OF THIS SECTION; AND 5
(4) (5) OFFERING TECHNICAL ASSISTANCE TO THE HU B ENTITY 6
UNDER AN AGREEMENT F OR A 3–YEAR PILOT PERIOD . 7
13–4405. 8
(A) THE PROGRAM SHALL BE COMP OSED OF THE HUB ENTI TY, EIGHT SPOKE 9
ENTITIES, A SPECIALTY ENTITY , AS NEEDED, AND VOLUNTEERS WITH APPROPRIATE 10
TRAINING AND SUPERVI SION TO ASSIST WITH PROGRAM ACTIVITIES . 11
(B) THE PROGRAM SHALL OPERATE CONDUCT A 3–YEAR PILOT PROGRAM 12
TO HELP CONSUMERS , INCLUDING INDIVIDUAL S WHO ARE UNINSURED OR HAVE 13
PRIVATE OR PUBLIC HEALTH PLANS , AND PROVIDERS NAVIGA TE AND RESOLVE 14
ISSUES RELATED TO: 15
(1) HEALTH PLAN ENROLLMEN T AND COVERAGE ; 16
(2) CONSUMER ACCESS TO ME NTAL HEALTH AND SUBS TANCE USE 17
DISORDER SERVICES ; AND 18
(3) ENFORCEMENT OF RIGHTS UNDER THE MENTAL HEALTH PARITY 19
AND ADDICTION EQUITY ACT AND STATE AND FEDERAL INS URANCE LAWS PROVIDE 20
CONSUMER ASSISTANCE SERVICES . 21
(C) WITHIN 1 YEAR AFTER THE RECEI PT OF STATE FUNDING FOR THE 22
PROGRAM FUNDS, THE PROGRAM SHALL : 23
(1) CONDUCT IN–PERSON AND OTHER OUT REACH AND EDUCATION 24
FOR RESIDENTS OF THE STATE TO IMPROVE HEAL TH LITERACY REGARDIN G: 25
(I) MENTAL HEALTH AND SUB STANCE USE DISORDER HEALTH 26
BENEFIT COVERAGE AND AVAILABLE SERVICES ; 27
(II) ENROLLMENT IN HEALTH PLANS; 28
(III) ACCESS TO MENTAL HEAL TH AND SUBSTANCE USE 29
DISORDER TREATMENT ; AND 30
10 SENATE BILL 460
(IV) RIGHTS UNDER THE MENTAL HEALTH PARITY AND 1
ADDICTION EQUITY ACT BEGIN PROVIDING CONSU MER ASSISTANCE SERVI CES; 2
(2) ESTABLISH AND OPERATE A TOLL–FREE HELPLINE AND AN 3
ON–LINE ASSISTANCE PORT AL TO ALLOW CONSUMER S, PROVIDERS WHO ARE 4
ACTING ON BEHALF OF CONSUMERS , AND INDIVIDUALS WITH IN THE STATE’S 5
BEHAVIORAL HEALTH CRI SIS RESPONSE SYSTEM ACCESS TO THE CONSUMER 6
ASSISTANCE SERVICES OF THE PROGRAM; 7
(3) ASSIST CONSUMERS AND PROVIDERS WHO ARE AC TING ON 8
BEHALF OF CONSUMERS IN RESOLVING ISSUES RELATED TO HEALTH PL AN 9
ENROLLMENT AND SERVI CE COVERAGE AND ACCESS BY WORKING WI TH 10
APPROPRIATE REGULATO RY AGENCIES AND HEAL TH PLAN REPRESENTATI VES; 11
(4) ASSIST AND REPRESENT CONSUMERS IN THE FIL ING OF 12
COMPLAINTS , GRIEVANCES, AND APPEALS, INCLUDING: 13
(I) COMPLAINTS THROUGH TH E INTERNAL GRIEVANCE AND 14
EXTERNAL REVIEW PROCESS UNDER TITLE 15, SUBTITLE 10A OF THE INSURANCE 15
ARTICLE; 16
(II) APPEALS OF COVERAGE D ECISIONS UNDER TITLE 15, 17
SUBTITLE 10D OF THE INSURANCE ARTICLE; 18
(III) EMPLOYER–SPONSORED PLAN INTER NAL AND EXTERNAL 19
APPEAL PROCEDURES ; 20
(IV) MEDICAID FAIR HEARING S; AND 21
(V) MEDICARE APPEALS ; 22
(5) AS APPROPRIATE , WORK JOINTLY WITH STATE AGENCIES , 23
INCLUDING THE DEPARTMENT , THE MARYLAND INSURANCE ADMINISTRATION , 24
AND THE MARYLAND HEALTH BENEFIT EXCHANGE TO PROMOTE G REATER ACCESS 25
TO MENTAL HEA LTH AND SUBSTANCE US E DISORDER SERVICES AND RESOLUTION 26
OF CONSUMER COMPLAIN TS; 27
(6) ENTER INTO A MEMORAND UM OF UNDERSTANDING WITH THE 28
HEALTH EDUCATION AND ADVOCACY UNIT OF THE OFFICE OF THE ATTORNEY 29
GENERAL TO COORDINATE CONSUMER ASSISTANCE SERVICES AND ENSURE 30
EFFECTIVE AND NONDUP LICATIVE ASSISTANCE IN ADDRESSING HEALTH PLAN 31
COMPLAINTS AND APPEA LS RELATED TO MENTAL HEALTH AND SUBSTANCE USE 32
DISORDER SERVICES ; 33
SENATE BILL 460 11
(7) (3) COLLECT AND ANALYZE D ATA ON ALL CONSUMER 1
ASSISTANCE SERVICES PROVIDED BY THE PROGRAM, INCLUDING DE –IDENTIFIED 2
DEMOGRAPHIC INFORMAT ION ABOUT CONSUMERS PROGRAM PARTICIPANTS WHO 3
SOUGHT AND RECEIVED ASSISTANCE, THE TYPES OF SERVICE S PROVIDED, AND 4
OUTCOMES OF THE ASSI STANCE PROVIDED ; 5
(8) (4) BASED ON DATA ACQ UIRED FROM PROGRAM PARTICIPANTS 6
AND PROGRAM PARTICIPANTS ’ PROVIDERS AND HEALTH COVERAGE PLANS : 7
(I) IDENTIFY TRENDS AND G APS IN COVERAGE OF A ND ACCESS 8
TO MENTAL HEALTH AND SUBSTANCE USE DISORD ER SERVICES; 9
(II) IDENTIFY TRENDS IN VI OLATIONS OF THE MENTAL HEALTH 10
PARITY AND ADDICTION EQUITY ACT; AND 11
(III) RECOMMEND POLICIES AN D PRACTICES TO RESOL VE 12
DEFICIENCIES IN COVE RAGE AND ACCESS TO S ERVICES; 13
(9) (5) MAKE DATA, TREND ANALYSES , AND RECOMMENDATIONS 14
AVAILABLE TO: 15
(I) MEMBERS OF THE PUBLIC ; 16
(II) GOVERNMENT AGENCIES ; 17
(III) THE OFFICE OF THE ATTORNEY GENERAL; 18
(IV) THE GENERAL ASSEMBLY; AND 19
(V) ANY OTHER ENTITY THAT THE PROGRAM DETERMINES 20
APPROPRIATE ; 21
(10) (6) CONDUCT ADVOCACY WORK WITH GOVERNMENT AGENCIES 22
IN THE STATE AND THE GENERAL ASSEMBLY TO ADDRESS S YSTEMIC GAPS IN 23
ACCESS TO MENTAL HEA LTH AND SUBSTANCE US E DISORDER SERVICES AND 24
VIOLATIONS OF THE MENTAL HEALTH PARITY AND ADDICTION EQUITY ACT; AND 25
(11) (7) ISSUE AN ANNUAL REPOR T THAT INCLUDES : 26
(I) AN ACCOUNTING OF ALL PROGRAM ACTIVITIES ; 27
(II) AN EVALUATION OF THE PERFORMANCE OF THE PROGRAM; 28
(III) A COMPLETE FISCAL ACCO UNTING; 29
12 SENATE BILL 460
(IV) IDENTIFICATION OF INS URANCE GAPS AND ISSU ES 1
AFFECTING CONSUMERS AND PROVIDERS ; AND 2
(V) RECOMMENDATIONS TO IM PROVE ACCESS TO MENT AL 3
HEALTH AND SUBSTANCE USE DISORDER TREATME NT AND ENFORCEMENT O F THE 4
MENTAL HEALTH PARITY AND ADDICTION EQUITY ACT. 5
13–4406. 6
THE PROGRAM SHALL PROMOTE EQUITY IN ACCESS TO MENTAL HEALTH AND 7
SUBSTANCE USE DISORDER SERVICES BY : 8
(1) ENSURING THAT ALL CON SUMER ASSISTANCE SER VICES INCLUDE 9
AND REPRESENT THE DI VERSITY OF THE POPUL ATION OF THE STATE WITH RESPECT 10
TO RACE, ETHNICITY, LANGUAGE, RELIGION, GENDER DIVERSITY , SEXUAL 11
ORIENTATION , SOCIOECONOMIC STATUS , AND DISABILITY STATU S; 12
(2) ENTERING AGREEMENTS W ITH SPOKE AND SPECIA LTY ENTITIES 13
THAT ARE LED BY AND SERVE BLACK, HISPANIC, ASIAN, INDIGENOUS, DISABILITY, 14
AND GENDER DIVERSE C OMMUNITIES AND SEEKI NG INPUT FROM DIVERS E 15
COMMUNITIES IN CONSU MER ASSISTANCE S ERVICE DEVELOPMENT ; 16
(3) EMPLOYING INDIVIDUALS WITH LIVED EXPERIENC E IN MENTAL 17
HEALTH AND SUBSTANCE USE DISORDER TREATME NT, INCLUDING INDIVIDUAL S 18
ENGAGED IN PEER SERV ICE DELIVERY; 19
(4) DELIVERING CULTURALLY COMPETENT SERVICES T HAT ARE 20
RESPONSIVE TO THE DIVERSE NEEDS OF RES IDENTS OF THE STATE AND PROVIDING 21
SERVICES IN MULTIPLE LANGUAGES ; 22
(5) PROMOTING ACCESS BY O FFERING SERVICES THR OUGH 23
MULTIPLE MODALITIES , INCLUDING IN –PERSON, TELEPHONE , AND INTERNET 24
SERVICES; AND 25
(6) COLLECTING REQUESTING, COLLECTING, AND ANALYZING 26
DEMOGRAPHIC DATA FROM PROGRAM PARTICIPANTS TO ADDRESS IDENTIFY 27
DISPARITIES IN ACCES SING MENTAL HEALTH A ND SUBSTANCE USE DIS ORDER 28
SERVICES BY RACE , ETHNICITY, GENDER, AND GENDER IDENTITY . 29
13–4407. 30
(A) THE PROGRAM: 31
SENATE BILL 460 13
(1) MAY REQUEST, OBTAIN, AND USE THE MEDICAL OR OTHER 1
RECORDS OF A CONSUME R IN THE POSSESSION OF A HEALTH PLAN OR MENTAL 2
HEALTH OR SUBSTANCE USE DISORDER PROVIDE R IF THE PROGRAM RECEIVES THE 3
APPROPRIATE CONSENT FROM THE INDIVIDUAL OR THE LEGAL REPRESE NTATIVE 4
OF THE INDIVIDUAL DEVELOP CONSENT FORM S THAT AUTHORIZE ONE OR MORE 5
SPECIFICALLY IDENTIF IED, HUB, SPOKE, OR SPECIALTY ENTITIE S CONDUCTING 6
CONSUMER ASSISTANCE SERVICES TO REQUEST , OBTAIN, AND USE THE MEDICAL 7
RECORDS OF A PROGRAM PARTICIPANT ; 8
(2) SHALL USE AND DISCLOS E AN INDIVIDUAL ’S RECORDS IN 9
COMPLIANCE WITH THE FEDERAL CONFIDENTIALITY OF ALCOHOL AND DRUG 10
ABUSE PATIENT RECORDS REGULATION, 42 C.F.R. PART 2, THE HEALTH 11
INSURANCE PORTABILITY AND ACCOUNTABILITY ACT, 45 C.F.R. §§ 160 AND PARTS 12
160, 164, AND 170, AS APPLICABLE, AND STATE HEALTH PRIVACY STANDARDS; AND 13
(3) MAY NOT DISCLOSE PERS ONAL IDENTIFYING INF ORMATION 14
ABOUT A CONSUMER IN ANY FORM OTHER THAN AGGREGATE DATA IN AN Y PUBLIC 15
DOCUMENT UNLESS THE INDIVIDUA L OR LEGAL REPRESENT ATIVE OF THE 16
INDIVIDUAL HAS PROVI DED THE APPROPRIATE CONSENT FOR RELEASE OF 17
INFORMATION . 18
(B) THE PROGRAM SHALL REQUEST AND PROMPTLY RECEIVE , WITH 19
REASONABLE NOTICE AND THE APPROPRIATE AUTHORIZATION , THE COOPERATION , 20
ASSISTANCE, INFORMATION , AND RECORDS FROM STATE AGENCIES SPECIFICALLY 21
RELATED TO A PROGRAM PARTICIPANT ’S COMPLAINT, AS NECESSARY , TO ENABLE 22
THE PROGRAM TO INVESTIGAT E A CONSUMER ’S THE PROGRAM PARTICIPANT ’S 23
COMPLAINT. 24
13–4408. 25
THE PROGRAM SHALL PUBLISH A NOTICE CONCERNING THE SERVICES 26
OFFERED BY THE PROGRAM THAT AND SHALL BE POSTED IN A CONSP ICUOUS 27
LOCATION AND INCLUDED IN WRIT TEN MATERIALS BY DISSEMINATE THE NOTI CE 28
TO: 29
(1) EACH EMPLOYER EMPLOYERS IN THE STATE THAT PROVIDES 30
PROVIDE HEALTH INSURANCE OR A HEALTH COVERAGE PLAN; 31
(2) MENTAL HEALTH AND SUB STANCE USE DISORDER PROVIDERS 32
AND CRISIS SERVICES ; AND 33
(3) OTHER ENTITIES ON REASONABLE REQUES T IDENTIFIED BY THE 34
PROGRAM. 35
14 SENATE BILL 460
13–4409. 1
(A) THE GOVERNOR SHALL INCLUD E IN THE ANNUAL BUDGET BILL T HE 2
FOLLOWING AMOUNTS TO THE FUND: 3
(1) $1,000,000 FOR FISCAL YEAR 2024; 4
(2) $1,000,000 FOR FISCAL YEAR 2025; AND 5
(3) $1,000,000 FOR FISCAL YEAR 2026. 6
(B) (1) THE APPROPRIATION TO THE FUND FOR FISCAL YEAR 2024 7
UNDER SUBSECTION (A)(1) OF THIS SECTION SHAL L BE USED TO FUND TH E 8
INCUBATOR ENTITY TO CARRY OUT THE ACTIVI TIES SPECIFIED UNDER § 13–4404 OF 9
THIS SUBTITLE. 10
(2) THE APPROPRIATIONS FO R FISCAL YEARS 2025 AND 2026 UNDER 11
SUBSECTION (A)(2) AND (3) OF THIS SECTION SHAL L BE USED TO FUND THE HUB 12
ENTITY, ANY SPOKE AND SPECIA LTY ENTITIES CONTRAC TED BY THE HUB ENTIT Y TO 13
CARRY OUT THE ACTIVI TIES SPECIFIED UNDER § 13–4405 OF THIS SUBTITLE , AND 14
ANY ACTIVITIES CONDU CTED BY THE INCUBATO R ENTITY IN FISCAL YEARS 2025 AND 15
2026. 16
(C) (B) (1) THE EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS 17
SUBSECTION, THE PROGRAM MAY APPLY FOR AND ACCEPT GRANTS , GIFTS, AND 18
OTHER FUNDS FROM FED ERAL AND STATE PROGRAMS AND FO UNDATIONS AND 19
PRIVATE DONATIONS FO R THE PURPOSE OF CAR RYING OUT THE PROGRAM’S 20
RESPONSIBILITIES. 21
(2) ONLY THE HEALTH EDUCATION AND ADVOCACY UNIT OF 22
THE OFFICE OF THE ATTORNEY GENERAL MAY APPLY FOR GRANTS UNDER § 1002 23
OF THE FEDERAL PATIENT PROTECTION AND AFFORDABLE CARE ACT FOR 24
FEDERAL CONSUMER ASS ISTANCE PROGRAM FUND ING PURPOSES. 25
13–4410. 26
THE PROGRAM SHALL USE THE FULL NAME OF THE PROGRAM IN ANY 27
ADVERTISING AND IN A NY WRITTEN COMMUNICA TIONS. 28
Article – State Finance and Procurement 29
6–226. 30
(a) (2) (i) Notwithstanding any other provision of law, and unless 31
inconsistent with a federal law, grant agreement, or other federal requirement or with the 32 SENATE BILL 460 15
terms of a gift or settlement agreement, net interest on all State money allocated by the 1
State Treasurer under this section to special funds or accounts, and otherwise entitled to 2
receive interest earnings, as accounted for by the Comptroller, shall accrue to the General 3
Fund of the State. 4
(ii) The provisions of subparagraph (i) of this paragraph do not apply 5
to the following funds: 6
144. the Health Equity Resource Community Reserve Fund; 7
[and] 8
145. the Access to Counsel in Evictions Special Fund; AND 9
146. THE CONSUMER HEALTH ACCESS PROGRAM FOR 10
MENTAL HEALTH AND ADDICTION CARE FUND. 11
SECTION 2. AND BE IT FURTHER ENACTED, That: 12
(a) There is a Consumer Health Access Program Advisory Council. 13
(b) The Council consists of not more than 15 members, including: 14
(1) one representative of the Maryland Insurance Administration, 15
designated by the Maryland Insurance Commissioner; 16
(2) one representative of the Behavioral Health Administration, 17
designated by the Secretary of Health; 18
(3) one representative of the Maryland Medicaid Administration, 19
designated by the Secretary of Health; 20
(4) one representative of the Health Education and Advocacy Unit of the 21
Office of the Attorney General, designated by the head of the Unit; 22
(5) one representative of the Maryland Health Benefit Exchange, 23
designated by the Executive Director of the Exchange; and 24
(6) one representative of the following persons, designated by the 25
University of Maryland Baltimore School of Social Work Center for Addiction Research, 26
Education, and Services: 27
(i) consumers of mental health and substance use disorder services; 28
(ii) an organization that works with peer coaches or is a peer 29
association; 30
(iii) an association that represents mental health providers; 31 16 SENATE BILL 460
(iv) an association that represents substance use disorder providers; 1
(v) an organization that conducts crisis services; 2
(vi) an organization that works on behalf of marginalized individuals 3
to achieve health equity; 4
(vii) an organization with expertise in the Mental Health Parity and 5
Addiction Equity Act; 6
(viii) an organization that conducts outreach to individuals with 7
mental health and substance use disorders; and 8
(ix) a county health department. 9
(c) The Council shall meet quarterly to perform the following functions: 10
(1) advise the University of Maryland Baltimore School of Social Work 11
Center for Addiction Research, Education, and Services on design and operations of the 12
Consumer Health Access Program for Mental Health and Addiction Care; 13
(2) recommend improvements for the Consumer Health Access Program for 14
Mental Health and Addiction Care; and 15
(3) review data on cases handled by the Consumer Health Access Program 16
for Mental Health and Addiction Care and make recommendations based on the data. 17
SECTION 3. AND BE IT FURTHER ENACTED, That: 18
(a) Section 2 of this Act shall terminate contingent on the termination of the pilot 19
program operated by the Consumer Health Access Program for Mental Health and 20
Addiction Care under § 13–4405(b) of the Health – General Article, as enacted by Section 21
1 of this Act. 22
(b) If the pilot program terminates, Section 2 of this Act, with no further action 23
required by the General Assembly, shall be abrogated and of no further force and effect. 24
(c) The Consumer Health Access Program for Mental Health and Addiction Care 25
established under § 13–4402 of the Health – General Article, as enacted by Section 1 of this 26
Act, shall notify the Department of Legislative Services within 5 days after the pilot 27
program terminates. 28
SECTION 2. 4. AND BE IT FURTHER ENACTED, That this Act shall take effect 29
October 1, 2022. 30