EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0708*
SENATE BILL 708
J1, P1, P2 2lr2968
By: Senators Lam and Hettleman
Introduced and read first time: February 4, 2022
Assigned to: Finance
A BILL ENTITLED
AN ACT concerning 1
Maryland Department of Health – Office of the Inspector General and 2
Emergency Procurement Audits 3
FOR the purpose of providing that there is a Compliance Officer within the Office of the 4
Inspector General in the Maryland Department of Health; authorizing the Inspector 5
General and the Compliance Officer to investigate behavior in the Department that 6
threatens public safety or demonstrates negligence, incompetence, or malfeasance; 7
requiring the Board of Public Works to submit a certain audit to the Secretary of 8
Health after the Department awards an emergency procurement contract; and 9
generally relating to the Maryland Department of Health. 10
BY adding to 11
Article – Health – General 12
Section 2–502.2 13
Annotated Code of Maryland 14
(2019 Replacement Volume and 2021 Supplement) 15
BY repealing and reenacting, with amendments, 16
Article – Health – General 17
Section 2–503 18
Annotated Code of Maryland 19
(2019 Replacement Volume and 2021 Supplement) 20
BY repealing and reenacting, without amendments, 21
Article – State Finance and Procurement 22
Section 11–101(a) and (d) 23
Annotated Code of Maryland 24
(2021 Replacement Volume) 25
BY adding to 26
Article – State Finance and Procurement 27 2 SENATE BILL 708
Section 13–228 1
Annotated Code of Maryland 2
(2021 Replacement Volume) 3
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 4
That the Laws of Maryland read as follows: 5
Article – Health – General 6
2–502.2. 7
(A) THERE IS A COMPLIANCE OFFICER WITHIN THE MARYLAND OFFICE OF 8
THE INSPECTOR GENERAL FOR HEALTH. 9
(B) (1) THE COMPLIANCE OFFICER SHALL BE APPO INTED BY THE 10
INSPECTOR GENERAL. 11
(2) THE COMPLIANCE OFFICER SHALL BE PROFESSIONALLY 12
QUALIFIED THROUGH EX PERIENCE OR EDUCATIO N IN AT LEAST ONE OF T HE 13
FOLLOWING AREAS : 14
(I) ADMINISTRATIVE MANAGE MENT; 15
(II) HEALTH CARE COMPLIANCE STANDARDS ; OR 16
(III) PUBLIC HEALTH . 17
(C) THE COMPLIANCE OFFICER SHALL ENSURE THAT UNITS AND 18
EMPLOYEES OF THE DEPARTMENT COMPLY WIT H: 19
(1) BEST PRACTICES IN HEA LTH CARE, PUBLIC HEALTH , AND 20
GOVERNMENT ADMINISTR ATION; AND 21
(2) LAWS, REGULATIONS, AND DEPARTMENT POLICIES. 22
2–503. 23
(a) The Inspector General AND THE COMPLIANCE OFFICER: 24
(1) May investigate fraud, waste, [and] abuse of departmental funds, AND 25
BEHAVIOR IN THE DEPARTMENT THAT THREA TENS PUBLIC SAFETY O R 26
DEMONSTRATES NEGLIGE NCE, INCOMPETENCE , OR MALFEASANCE ; 27
(2) Shall cooperate with and coordinate investigative efforts with the 28
Medicaid Fraud Control Unit and where a preliminary investigation establishes a sufficient 29 SENATE BILL 708 3
basis to warrant referral, shall refer such matters to the Medicaid Fraud Control Unit; and 1
(3) Shall cooperate with and coordinate investigative efforts with 2
departmental programs and other State and federal agencies to ensure a provider is not 3
subject to duplicative audits. 4
(b) (1) The Inspector General, THE COMPLIANCE OFFICER, or a designated 5
Assistant Inspector General may subpoena any person or evidence, administer oaths, and 6
take depositions and other testimony for the purpose of investigating fraud, waste, [or] 7
abuse of departmental funds, OR BEHAVIOR IN THE DEPARTMENT THAT THREA TENS 8
PUBLIC SAFETY OR DEMONSTRATES NEGLIGENCE , INCOMPETENCE , OR 9
MALFEASANCE . 10
(2) If a person fails to comply with a lawful order or subpoena issued under 11
this subsection, on petition of the Inspector General, THE COMPLIANCE OFFICER, or a 12
designated Assistant Inspector General, a court of competent jurisdiction may compel: 13
(i) Compliance with the order or subpoena; or 14
(ii) Testimony or the production of evidence. 15
Article – State Finance and Procurement 16
11–101. 17
(a) In this Division II the following words have the meanings indicated unless: 18
(1) the context clearly requires a different meaning; or 19
(2) a different definition is provided for a particular title or provision. 20
(d) “Board” means the Board of Public Works. 21
13–228. 22
(A) WITHIN 90 DAYS AFTER THE MARYLAND DEPARTMENT OF HEALTH 23
AWARDS AN EMERGENCY PROCUREMENT CONTRACT , THE BOARD SHALL SUBMIT TO 24
THE SECRETARY OF HEALTH AN AUDIT OF THE PROC UREMENT CONTRACT THAT IS 25
COMPLETED BY AN AUDITOR THAT IS N OT A UNIT OR AN EMPLOYEE OF THE STATE 26
OR A LOCAL GOVERNMEN T. 27
(B) A COPY OF THE COMPLETE D AUDIT SUBMITTED UN DER SUBSECTION (A) 28
OF THIS SECTION SHALL BE KEPT PUBLICLY AVAILABLE BY THE BOARD AND THE 29
MARYLAND DEPARTMENT OF HEALTH. 30
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 31 4 SENATE BILL 708
October 1, 2022. 1