LAWRENCE J. HOGAN, JR., Governor Ch. 43
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Chapter 43
(Senate Bill 708)
AN ACT concerning
Maryland Department of Health – Office of the Inspector General and
Emergency Procurement Audits
FOR the purpose of providing that there is a Compliance Officer within the Office of the
Inspector General in the Maryland Department of Health; authorizing the Inspector
General and the Compliance Officer to investigate behavior in the Department that
threatens public safety or demonstrates negligence, incompetence, or malfeasance;
requiring the Inspector General, the Compliance Officer, or a designated Assistant
Inspector General to respond in a certain manner to an individual who has filed a
complaint or allegation; requiring the Board of Public Works to submit a certain
audit to the Secretary of Health after the Department awards an emergency
procurement contract; and generally relating to the Maryland Department of Health.
BY adding to
Article – Health – General
Section 2–502.2
Annotated Code of Maryland
(2019 Replacement Volume and 2021 Supplement)
BY repealing and reenacting, with amendments,
Article – Health – General
Section 2–503
Annotated Code of Maryland
(2019 Replacement Volume and 2021 Supplement)
BY repealing and reenacting, without amendments,
Article – State Finance and Procurement
Section 11–101(a) and (d)
Annotated Code of Maryland
(2021 Replacement Volume)
BY adding to
Article – State Finance and Procurement
Section 13–228
Annotated Code of Maryland
(2021 Replacement Volume)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Health – General Ch. 43 2022 LAWS OF MARYLAND
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2–502.2.
(A) THERE IS A COMPLIANCE OFFICER WITHIN THE MARYLAND OFFICE OF
THE INSPECTOR GENERAL FOR HEALTH.
(B) (1) THE COMPLIANCE OFFICER SHALL BE APPOINTED DESIGNATED
BY THE INSPECTOR GENERAL.
(2) THE COMPLIANCE OFFICER SHALL BE PROF ESSIONALLY
QUALIFIED THROUGH E XPERIENCE OR EDUCATI ON IN AT LEAST ONE O F THE
FOLLOWING AREAS :
(I) ADMINISTRATIVE MANAGE MENT;
(II) HEALTH CARE COMPLIANC E STANDARDS; OR
(III) PUBLIC HEALTH .
(C) THE COMPLIANCE OFFICER SHALL ENSURE THAT UNITS AND
EMPLOYEES OF THE DEPARTMENT COMPLY WITH :
(1) BEST PRACTICES IN HEA LTH CARE, PUBLIC HEALTH , AND
GOVERNMENT ADMINISTR ATION; AND
(2) LAWS, REGULATIONS , AND DEPARTMENT POLICIES .
2–503.
(a) The Inspector General AND THE COMPLIANCE OFFICER:
(1) May investigate fraud, waste, [and] abuse of departmental funds, AND
BEHAVIOR IN THE DEPARTMENT THAT THREA TENS PUBLIC SAFETY O R
DEMONSTRATES NEGLIGE NCE, INCOMPETENCE , OR MALFEASANCE ;
(2) Shall cooperate with and coordinate investigative efforts with the
Medicaid Fraud Control Unit and where a preliminary investigation establishes a sufficient
basis to warrant referral, shall refer such matters to the Medicaid Fraud Control Unit; and
(3) Shall cooperate with and coordinate investigative efforts with
departmental programs and other State and federal agencies to ensure a provider is not
subject to duplicative audits.
LAWRENCE J. HOGAN, JR., Governor Ch. 43
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(b) (1) The Inspector General, THE COMPLIANCE OFFICER, or a designated
Assistant Inspector General may subpoena any person or evidence, administer oaths, and
take depositions and other testimony for the purpose of investigating fraud, waste, [or]
abuse of departmental funds, OR BEHAVIOR IN THE DEPARTMENT THAT THREA TENS
PUBLIC SAFETY OR DEM ONSTRATES NEGLIGENCE , INCOMPETENCE , OR
MALFEASANCE .
(2) If a person fails to comply with a lawful order or subpoena issued under
this subsection, on petition of the Inspector General, THE COMPLIANCE OFFICER, or a
designated Assistant Inspector General, a court of competent jurisdiction may compel:
(i) Compliance with the order or subpoena; or
(ii) Testimony or the production of evidence.
(C) WITHIN 7 30 BUSINESS DAYS AFTER RECEIVING A COMPLAIN T OR
ALLEGATION, THE INSPECTOR GENERAL, THE COMPLIANCE OFFICER, OR A
DESIGNATED ASSISTANT INSPECTOR GENERAL SHALL RESPOND TO THE
INDIVIDUAL WHO FILED THE C OMPLAINT OR ALLEGATI ON WITH:
(1) A PRELIMINARY INDICATI ON OF WHETHER THE OFFICE OF THE
INSPECTOR GENERAL IS ABLE TO IN VESTIGATE THE COMPLA INT OR ALLEGATION ;
AND
(2) IF THE OFFICE OF THE INSPECTOR GENERAL IS UNABLE TO
INVESTIGATE T HE COMPLAINT OR ALLE GATION:
(I) THE REASON FOR NOT BE ING ABLE TO INVESTIG ATE,
UNLESS PROVIDING THE REASON WOULD HAVE A NEGATIVE IMPACT ON O R
JEOPARDIZE AN INVEST IGATION BEING CONDUC TED BY THE OFFICE OF THE
INSPECTOR GENERAL, A MANAGED CARE ORGAN IZATION, ANOTHER UNIT OF
GOVERNMENT , OR LAW ENFORCEMENT ; AND
(II) THE CONTACT INFORMATI ON FOR THE OFFICE OF
LEGISLATIVE AUDITS FRAUD HOTLINE.
Article – State Finance and Procurement
11–101.
(a) In this Division II the following words have the meanings indicated unless:
(1) the context clearly requires a different meaning; or
(2) a different definition is provided for a particular title or provision. Ch. 43 2022 LAWS OF MARYLAND
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(d) “Board” means the Board of Public Works.
13–228.
(A) WITHIN 90 DAYS AFTER THE MARYLAND DEPARTMENT OF HEALTH
AWARDS AN EMERGENCY PROCUREMENT CONTRACT , THE BOARD SHALL SUBMIT TO
THE SECRETARY OF HEALTH AN AUDIT OF TH E PROCUREMENT CONTRA CT THAT IS
COMPLETED BY AN AUDI TOR THAT IS NOT A UN IT OR AN EMPLOYEE OF THE STATE
OR A LOCAL GOVERNMEN T.
(B) A COPY OF THE COMPLETE D AUDIT SUBMITTED UN DER SUBSECTION (A)
OF THIS SECTION SHAL L BE KEPT PUBLICLY A VAILABLE BY THE BOARD AND THE
MARYLAND DEPARTMENT OF HEALTH.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2022.
Enacted under Article II, § 17(b) of the Maryland Constitution, April 9, 2022.