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.
Italics indicate opposite chamber/conference committee amendments.
*sb0708*
SENATE BILL 708
J1, P1, P2 (2lr2968)
ENROLLED BILL
— Finance/Health and Government Operations —
Introduced by Senators Lam and Hettleman
Read and Examined by Proofreaders:
_______________________________________________
Proofreader.
_______________________________________________
Proofreader.
Sealed with the Great Seal and presented to the Governor, for his approval this
_______ day of _______________ at __ ______________________ o’clock, ________M.
______________________________________________
President.
CHAPTER ______
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 Inspector General, the Compliance Officer, or a designated Assistant 8
Inspector General to respond in a certain manner to an individual who has filed a 9
complaint or allegation; requiring the Board of Public Works to submit a certain 10
audit to the Secretary of Health after the Department awards an emergency 11
procurement contract; and generally relating to the Maryland Department of Health. 12
BY adding to 13
Article – Health – General 14 2 SENATE BILL 708
Section 2–502.2 1
Annotated Code of Maryland 2
(2019 Replacement Volume and 2021 Supplement) 3
BY repealing and reenacting, with amendments, 4
Article – Health – General 5
Section 2–503 6
Annotated Code of Maryland 7
(2019 Replacement Volume and 2021 Supplement) 8
BY repealing and reenacting, without amendments, 9
Article – State Finance and Procurement 10
Section 11–101(a) and (d) 11
Annotated Code of Maryland 12
(2021 Replacement Volume) 13
BY adding to 14
Article – State Finance and Procurement 15
Section 13–228 16
Annotated Code of Maryland 17
(2021 Replacement Volume) 18
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 19
That the Laws of Maryland read as follows: 20
Article – Health – General 21
2–502.2. 22
(A) THERE IS A COMPLIANCE OFFICER WITHIN THE MARYLAND OFFICE OF 23
THE INSPECTOR GENERAL FOR HEALTH. 24
(B) (1) THE COMPLIANCE OFFICER SHALL BE APPOINTED DESIGNATED 25
BY THE INSPECTOR GENERAL. 26
(2) THE COMPLIANCE OFFICER SHALL BE PROF ESSIONALLY 27
QUALIFIED THRO UGH EXPERIENCE OR ED UCATION IN AT LEAST ONE OF THE 28
FOLLOWING AREAS : 29
(I) ADMINISTRATIVE MANAGE MENT; 30
(II) HEALTH CARE COMPLIANC E STANDARDS; OR 31
(III) PUBLIC HEALTH . 32
SENATE BILL 708 3
(C) THE COMPLIANCE OFFICER SHALL ENSURE THAT UNITS AND 1
EMPLOYEES OF THE DEPARTMENT COMPLY WIT H: 2
(1) BEST PRACTICES IN HEA LTH CARE, PUBLIC HEALTH , AND 3
GOVERNMENT ADMINISTR ATION; AND 4
(2) LAWS, REGULATIONS , AND DEPARTMENT POLICIES . 5
2–503. 6
(a) The Inspector General AND THE COMPLIANCE OFFICER: 7
(1) May investigate fraud, waste, [and] abuse of departmental funds, AND 8
BEHAVIOR IN THE DEPARTMENT THAT THREA TENS PUBLIC SAFETY O R 9
DEMONSTRATES NEGLIGE NCE, INCOMPETENCE , OR MALFEASANCE ; 10
(2) Shall cooperate with and coordinate investigative efforts with the 11
Medicaid Fraud Control Unit and where a preliminary investigation establishes a sufficient 12
basis to warrant referral, shall refer such matters to the Medicaid Fraud Control Unit; and 13
(3) Shall cooperate with and coordinate investigative efforts with 14
departmental programs and other State and federal agencies to ensure a provider is not 15
subject to duplicative audits. 16
(b) (1) The Inspector General, THE COMPLIANCE OFFICER, or a designated 17
Assistant Inspector General may subpoena any person or evidence, administer oaths, and 18
take depositions and other testimony for the purpose of investigating fraud, waste, [or] 19
abuse of departmental funds, OR BEHAVIOR IN THE DEPARTMENT THAT THREA TENS 20
PUBLIC SAFETY OR DEM ONSTRATES NEGLIGENCE , INCOMPETENCE , OR 21
MALFEASANCE . 22
(2) If a person fails to comply with a lawful order or subpoena issued under 23
this subsection, on petition of the Inspector General, THE COMPLIANCE OFFICER, or a 24
designated Assistant Inspector General, a court of competent jurisdiction may compel: 25
(i) Compliance with the order or subpoena; or 26
(ii) Testimony or the production of evidence. 27
(C) WITHIN 7 30 BUSINESS DAYS AFTER RECEIVING A COMPLAIN T OR 28
ALLEGATION, THE INSPECTOR GENERAL, THE COMPLIANCE OFFICER, OR A 29
DESIGNATED ASSISTANT INSPECTOR GENERAL SHALL RESPOND TO THE 30
INDIVIDUAL WHO FILED THE COMPLAINT OR ALL EGATION WITH: 31
4 SENATE BILL 708
(1) A PRELIMINARY INDICATI ON OF WHETHER THE OFFICE OF THE 1
INSPECTOR GENERAL IS ABLE TO IN VESTIGATE THE COMPLA INT OR ALLEGATION ; 2
AND 3
(2) IF THE OFFICE OF THE INSPECTOR GENERAL IS UNABLE TO 4
INVESTIGATE THE COMPLAI NT OR ALLEGATION : 5
(I) THE REASON FOR NOT BE ING ABLE TO INVESTIG ATE, 6
UNLESS PROVIDING THE REASON WOULD HAVE A NEGATIVE IMPACT ON O R 7
JEOPARDIZE AN INVEST IGATION BEING CONDUC TED BY THE OFFICE OF THE 8
INSPECTOR GENERAL, A MANAGED CARE OR GANIZATION, ANOTHER UNIT OF 9
GOVERNMENT , OR LAW ENFORCEMENT ; AND 10
(II) THE CONTACT INFORMATI ON FOR THE OFFICE OF 11
LEGISLATIVE AUDITS FRAUD HOTLINE. 12
Article – State Finance and Procurement 13
11–101. 14
(a) In this Division II the following words have the meanings indicated unless: 15
(1) the context clearly requires a different meaning; or 16
(2) a different definition is provided for a particular title or provision. 17
(d) “Board” means the Board of Public Works. 18
13–228. 19
(A) WITHIN 90 DAYS AFTER THE MARYLAND DEPARTMENT OF HEALTH 20
AWARDS AN EMERGENCY PROCUREMENT CONTRACT , THE BOARD SHALL SUBMIT TO 21
THE SECRETARY OF HEALTH AN AUDIT OF TH E PROCUREMENT CONTRA CT THAT IS 22
COMPLETED BY AN AUDI TOR THAT IS NOT A UN IT OR AN EMPLOYEE OF THE STATE 23
OR A LOCAL GOVERNM ENT. 24
(B) A COPY OF THE COMPLETE D AUDIT SUBMITTED UN DER SUBSECTION (A) 25
OF THIS SECTION SHAL L BE KEPT PUBLICLY A VAILABLE BY THE BOARD AND THE 26
MARYLAND DEPARTMENT OF HEALTH. 27
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 28
October 1, 2022. 29