Maryland 2022 Regular Session

Maryland Senate Bill SB708 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	LAWRENCE J. HOGAN, JR., Governor Ch. 43
2		-
3		-	– 1 –
4		-	Chapter 43
5		-	(Senate Bill 708)
6		-
7		-	AN ACT concerning
8		-
9		-	Maryland Department of Health – Office of the Inspector General and
10		-	Emergency Procurement Audits
11		-
12		-	FOR the purpose of providing that there is a Compliance Officer within the Office of the
13		-	Inspector General in the Maryland Department of Health; authorizing the Inspector
14		-	General and the Compliance Officer to investigate behavior in the Department that
15		-	threatens public safety or demonstrates negligence, incompetence, or malfeasance;
16		-	requiring the Inspector General, the Compliance Officer, or a designated Assistant
17		-	Inspector General to respond in a certain manner to an individual who has filed a
18		-	complaint or allegation; requiring the Board of Public Works to submit a certain
19		-	audit to the Secretary of Health after the Department awards an emergency
20		-	procurement contract; and generally relating to the Maryland Department of Health.
21		-
22		-	BY adding to
23		-	Article – Health – General
24		-	Section 2–502.2
25		-	Annotated Code of Maryland
26		-	(2019 Replacement Volume and 2021 Supplement)
27		-
28		-	BY repealing and reenacting, with amendments,
29		-	Article – Health – General
30		-	Section 2–503
31		-	Annotated Code of Maryland
32		-	(2019 Replacement Volume and 2021 Supplement)
33		-
34		-	BY repealing and reenacting, without amendments,
35		-	Article – State Finance and Procurement
36		-	Section 11–101(a) and (d)
37		-	Annotated Code of Maryland
38		-	(2021 Replacement Volume)
39		-
40		-	BY adding to
41		-	Article – State Finance and Procurement
42		-	Section 13–228
43		-	Annotated Code of Maryland
44		-	(2021 Replacement Volume)
45		-
46		-	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
47		-	That the Laws of Maryland read as follows:
48		-
49		-	Article – Health – General Ch. 43 2022 LAWS OF MARYLAND
50		-
51		-	– 2 –
52		-
53		-	2–502.2.
54		-
55		-	(A) THERE IS A COMPLIANCE OFFICER WITHIN THE MARYLAND OFFICE OF
56		-	THE INSPECTOR GENERAL FOR HEALTH.
57		-
58		-	(B) (1) THE COMPLIANCE OFFICER SHALL BE APPOINTED DESIGNATED
59		-	BY THE INSPECTOR GENERAL.
60		-
61		-	(2) THE COMPLIANCE OFFICER SHALL BE PROF ESSIONALLY
62		-	QUALIFIED THROUGH E XPERIENCE OR EDUCATI ON IN AT LEAST ONE O F THE
63		-	FOLLOWING AREAS :
64		-
65		-	(I) ADMINISTRATIVE MANAGE MENT;
66		-
67		-	(II) HEALTH CARE COMPLIANC E STANDARDS; OR
68		-
69		-	(III) PUBLIC HEALTH .
70		-
71		-	(C) THE COMPLIANCE OFFICER SHALL ENSURE THAT UNITS AND
72		-	EMPLOYEES OF THE DEPARTMENT COMPLY WITH :
73		-
74		-	(1) BEST PRACTICES IN HEA LTH CARE, PUBLIC HEALTH , AND
75		-	GOVERNMENT ADMINISTR ATION; AND
76		-
77		-	(2) LAWS, REGULATIONS , AND DEPARTMENT POLICIES .
78		-
79		-	2–503.
80		-
81		-	(a) The Inspector General AND THE COMPLIANCE OFFICER:
82		-
83		-	(1) May investigate fraud, waste, [and] abuse of departmental funds, AND
84		-	BEHAVIOR IN THE DEPARTMENT THAT THREA TENS PUBLIC SAFETY O R
85		-	DEMONSTRATES NEGLIGE NCE, INCOMPETENCE , OR MALFEASANCE ;
86		-
87		-	(2) Shall cooperate with and coordinate investigative efforts with the
88		-	Medicaid Fraud Control Unit and where a preliminary investigation establishes a sufficient
89		-	basis to warrant referral, shall refer such matters to the Medicaid Fraud Control Unit; and
90		-
91		-	(3) Shall cooperate with and coordinate investigative efforts with
92		-	departmental programs and other State and federal agencies to ensure a provider is not
93		-	subject to duplicative audits.
94		-	LAWRENCE J. HOGAN, JR., Governor Ch. 43
95		-
96		-	– 3 –
97		-	(b) (1) The Inspector General, THE COMPLIANCE OFFICER, or a designated
98		-	Assistant Inspector General may subpoena any person or evidence, administer oaths, and
99		-	take depositions and other testimony for the purpose of investigating fraud, waste, [or]
100		-	abuse of departmental funds, OR BEHAVIOR IN THE DEPARTMENT THAT THREA TENS
101		-	PUBLIC SAFETY OR DEM ONSTRATES NEGLIGENCE , INCOMPETENCE , OR
102		-	MALFEASANCE .
103		-
104		-	(2) If a person fails to comply with a lawful order or subpoena issued under
105		-	this subsection, on petition of the Inspector General, THE COMPLIANCE OFFICER, or a
106		-	designated Assistant Inspector General, a court of competent jurisdiction may compel:
107		-
108		-	(i) Compliance with the order or subpoena; or
109		-
110		-	(ii) Testimony or the production of evidence.
111		-
112		-	(C) WITHIN 7 30 BUSINESS DAYS AFTER RECEIVING A COMPLAIN T OR
113		-	ALLEGATION, THE INSPECTOR GENERAL, THE COMPLIANCE OFFICER, OR A
114		-	DESIGNATED ASSISTANT INSPECTOR GENERAL SHALL RESPOND TO THE
115		-	INDIVIDUAL WHO FILED THE C OMPLAINT OR ALLEGATI ON WITH:
116		-
117		-	(1) A PRELIMINARY INDICATI ON OF WHETHER THE OFFICE OF THE
118		-	INSPECTOR GENERAL IS ABLE TO IN VESTIGATE THE COMPLA INT OR ALLEGATION ;
119		-	AND
120		-
121		-	(2) IF THE OFFICE OF THE INSPECTOR GENERAL IS UNABLE TO
122		-	INVESTIGATE T HE COMPLAINT OR ALLE GATION:
123		-
124		-	(I) THE REASON FOR NOT BE ING ABLE TO INVESTIG ATE,
125		-	UNLESS PROVIDING THE REASON WOULD HAVE A NEGATIVE IMPACT ON O R
126		-	JEOPARDIZE AN INVEST IGATION BEING CONDUC TED BY THE OFFICE OF THE
127		-	INSPECTOR GENERAL, A MANAGED CARE ORGAN IZATION, ANOTHER UNIT OF
128		-	GOVERNMENT , OR LAW ENFORCEMENT ; AND
129		-
130		-	(II) THE CONTACT INFORMATI ON FOR THE OFFICE OF
131		-	LEGISLATIVE AUDITS FRAUD HOTLINE.
132		-
133		-	Article – State Finance and Procurement
134		-
135		-	11–101.
136		-
137		-	(a) In this Division II the following words have the meanings indicated unless:
138		-
139		-	(1) the context clearly requires a different meaning; or
140		-
141		-	(2) a different definition is provided for a particular title or provision. Ch. 43 2022 LAWS OF MARYLAND
142		-
143		-	– 4 –
144		-
145		-	(d) “Board” means the Board of Public Works.
146		-
147		-	13–228.
148		-
149		-	(A) WITHIN 90 DAYS AFTER THE MARYLAND DEPARTMENT OF HEALTH
150		-	AWARDS AN EMERGENCY PROCUREMENT CONTRACT , THE BOARD SHALL SUBMIT TO
151		-	THE SECRETARY OF HEALTH AN AUDIT OF TH E PROCUREMENT CONTRA CT THAT IS
152		-	COMPLETED BY AN AUDI TOR THAT IS NOT A UN IT OR AN EMPLOYEE OF THE STATE
153		-	OR A LOCAL GOVERNMEN T.
154		-
155		-	(B) A COPY OF THE COMPLETE D AUDIT SUBMITTED UN DER SUBSECTION (A)
156		-	OF THIS SECTION SHAL L BE KEPT PUBLICLY A VAILABLE BY THE BOARD AND THE
157		-	MARYLAND DEPARTMENT OF HEALTH.
158		-
159		-	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
160		-	October 1, 2022.
161	1
162	2
163		-	Enacted under Article II, § 17(b) of the Maryland Constitution, April 9, 2022.
	3	+	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
	4	+	[Brackets] indicate matter deleted from existing law.
	5	+	Underlining indicates amendments to bill.
	6	+	Strike out indicates matter stricken from the bill by amendment or deleted from the law by
	7	+	amendment.
	8	+	Italics indicate opposite chamber/conference committee amendments.
	9	+	sb0708
	10	+
	11	+	SENATE BILL 708
	12	+	J1, P1, P2 (2lr2968)
	13	+	ENROLLED BILL
	14	+	— Finance/Health and Government Operations —
	15	+	Introduced by Senators Lam and Hettleman
	16	+
	17	+	Read and Examined by Proofreaders:
	18	+
	19	+	_______________________________________________
	20	+	Proofreader.
	21	+	_______________________________________________
	22	+	Proofreader.
	23	+
	24	+	Sealed with the Great Seal and presented to the Governor, for his approval this
	25	+
	26	+	_______ day of _______________ at __ ______________________ o’clock, ________M.
	27	+
	28	+	______________________________________________
	29	+	President.
	30	+
	31	+	CHAPTER ______
	32	+
	33	+	AN ACT concerning 1
	34	+
	35	+	Maryland Department of Health – Office of the Inspector General and 2
	36	+	Emergency Procurement Audits 3
	37	+
	38	+	FOR the purpose of providing that there is a Compliance Officer within the Office of the 4
	39	+	Inspector General in the Maryland Department of Health; authorizing the Inspector 5
	40	+	General and the Compliance Officer to investigate behavior in the Department that 6
	41	+	threatens public safety or demonstrates negligence, incompetence, or malfeasance; 7
	42	+	requiring the Inspector General, the Compliance Officer, or a designated Assistant 8
	43	+	Inspector General to respond in a certain manner to an individual who has filed a 9
	44	+	complaint or allegation; requiring the Board of Public Works to submit a certain 10
	45	+	audit to the Secretary of Health after the Department awards an emergency 11
	46	+	procurement contract; and generally relating to the Maryland Department of Health. 12
	47	+
	48	+	BY adding to 13
	49	+	Article – Health – General 14 2 SENATE BILL 708
	50	+
	51	+
	52	+	Section 2–502.2 1
	53	+	Annotated Code of Maryland 2
	54	+	(2019 Replacement Volume and 2021 Supplement) 3
	55	+
	56	+	BY repealing and reenacting, with amendments, 4
	57	+	Article – Health – General 5
	58	+	Section 2–503 6
	59	+	Annotated Code of Maryland 7
	60	+	(2019 Replacement Volume and 2021 Supplement) 8
	61	+
	62	+	BY repealing and reenacting, without amendments, 9
	63	+	Article – State Finance and Procurement 10
	64	+	Section 11–101(a) and (d) 11
	65	+	Annotated Code of Maryland 12
	66	+	(2021 Replacement Volume) 13
	67	+
	68	+	BY adding to 14
	69	+	Article – State Finance and Procurement 15
	70	+	Section 13–228 16
	71	+	Annotated Code of Maryland 17
	72	+	(2021 Replacement Volume) 18
	73	+
	74	+	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 19
	75	+	That the Laws of Maryland read as follows: 20
	76	+
	77	+	Article – Health – General 21
	78	+
	79	+	2–502.2. 22
	80	+
	81	+	(A) THERE IS A COMPLIANCE OFFICER WITHIN THE MARYLAND OFFICE OF 23
	82	+	THE INSPECTOR GENERAL FOR HEALTH. 24
	83	+
	84	+	(B) (1) THE COMPLIANCE OFFICER SHALL BE APPOINTED DESIGNATED 25
	85	+	BY THE INSPECTOR GENERAL. 26
	86	+
	87	+	(2) THE COMPLIANCE OFFICER SHALL BE PROF ESSIONALLY 27
	88	+	QUALIFIED THRO UGH EXPERIENCE OR ED UCATION IN AT LEAST ONE OF THE 28
	89	+	FOLLOWING AREAS : 29
	90	+
	91	+	(I) ADMINISTRATIVE MANAGE MENT; 30
	92	+
	93	+	(II) HEALTH CARE COMPLIANC E STANDARDS; OR 31
	94	+
	95	+	(III) PUBLIC HEALTH . 32
	96	+	SENATE BILL 708 3
	97	+
	98	+
	99	+	(C) THE COMPLIANCE OFFICER SHALL ENSURE THAT UNITS AND 1
	100	+	EMPLOYEES OF THE DEPARTMENT COMPLY WIT H: 2
	101	+
	102	+	(1) BEST PRACTICES IN HEA LTH CARE, PUBLIC HEALTH , AND 3
	103	+	GOVERNMENT ADMINISTR ATION; AND 4
	104	+
	105	+	(2) LAWS, REGULATIONS , AND DEPARTMENT POLICIES . 5
	106	+
	107	+	2–503. 6
	108	+
	109	+	(a) The Inspector General AND THE COMPLIANCE OFFICER: 7
	110	+
	111	+	(1) May investigate fraud, waste, [and] abuse of departmental funds, AND 8
	112	+	BEHAVIOR IN THE DEPARTMENT THAT THREA TENS PUBLIC SAFETY O R 9
	113	+	DEMONSTRATES NEGLIGE NCE, INCOMPETENCE , OR MALFEASANCE ; 10
	114	+
	115	+	(2) Shall cooperate with and coordinate investigative efforts with the 11
	116	+	Medicaid Fraud Control Unit and where a preliminary investigation establishes a sufficient 12
	117	+	basis to warrant referral, shall refer such matters to the Medicaid Fraud Control Unit; and 13
	118	+
	119	+	(3) Shall cooperate with and coordinate investigative efforts with 14
	120	+	departmental programs and other State and federal agencies to ensure a provider is not 15
	121	+	subject to duplicative audits. 16
	122	+
	123	+	(b) (1) The Inspector General, THE COMPLIANCE OFFICER, or a designated 17
	124	+	Assistant Inspector General may subpoena any person or evidence, administer oaths, and 18
	125	+	take depositions and other testimony for the purpose of investigating fraud, waste, [or] 19
	126	+	abuse of departmental funds, OR BEHAVIOR IN THE DEPARTMENT THAT THREA TENS 20
	127	+	PUBLIC SAFETY OR DEM ONSTRATES NEGLIGENCE , INCOMPETENCE , OR 21
	128	+	MALFEASANCE . 22
	129	+
	130	+	(2) If a person fails to comply with a lawful order or subpoena issued under 23
	131	+	this subsection, on petition of the Inspector General, THE COMPLIANCE OFFICER, or a 24
	132	+	designated Assistant Inspector General, a court of competent jurisdiction may compel: 25
	133	+
	134	+	(i) Compliance with the order or subpoena; or 26
	135	+
	136	+	(ii) Testimony or the production of evidence. 27
	137	+
	138	+	(C) WITHIN 7 30 BUSINESS DAYS AFTER RECEIVING A COMPLAIN T OR 28
	139	+	ALLEGATION, THE INSPECTOR GENERAL, THE COMPLIANCE OFFICER, OR A 29
	140	+	DESIGNATED ASSISTANT INSPECTOR GENERAL SHALL RESPOND TO THE 30
	141	+	INDIVIDUAL WHO FILED THE COMPLAINT OR ALL EGATION WITH: 31
	142	+	4 SENATE BILL 708
	143	+
	144	+
	145	+	(1) A PRELIMINARY INDICATI ON OF WHETHER THE OFFICE OF THE 1
	146	+	INSPECTOR GENERAL IS ABLE TO IN VESTIGATE THE COMPLA INT OR ALLEGATION ; 2
	147	+	AND 3
	148	+
	149	+	(2) IF THE OFFICE OF THE INSPECTOR GENERAL IS UNABLE TO 4
	150	+	INVESTIGATE THE COMPLAI NT OR ALLEGATION : 5
	151	+
	152	+	(I) THE REASON FOR NOT BE ING ABLE TO INVESTIG ATE, 6
	153	+	UNLESS PROVIDING THE REASON WOULD HAVE A NEGATIVE IMPACT ON O R 7
	154	+	JEOPARDIZE AN INVEST IGATION BEING CONDUC TED BY THE OFFICE OF THE 8
	155	+	INSPECTOR GENERAL, A MANAGED CARE OR GANIZATION, ANOTHER UNIT OF 9
	156	+	GOVERNMENT , OR LAW ENFORCEMENT ; AND 10
	157	+
	158	+	(II) THE CONTACT INFORMATI ON FOR THE OFFICE OF 11
	159	+	LEGISLATIVE AUDITS FRAUD HOTLINE. 12
	160	+
	161	+	Article – State Finance and Procurement 13
	162	+
	163	+	11–101. 14
	164	+
	165	+	(a) In this Division II the following words have the meanings indicated unless: 15
	166	+
	167	+	(1) the context clearly requires a different meaning; or 16
	168	+
	169	+	(2) a different definition is provided for a particular title or provision. 17
	170	+
	171	+	(d) “Board” means the Board of Public Works. 18
	172	+
	173	+	13–228. 19
	174	+
	175	+	(A) WITHIN 90 DAYS AFTER THE MARYLAND DEPARTMENT OF HEALTH 20
	176	+	AWARDS AN EMERGENCY PROCUREMENT CONTRACT , THE BOARD SHALL SUBMIT TO 21
	177	+	THE SECRETARY OF HEALTH AN AUDIT OF TH E PROCUREMENT CONTRA CT THAT IS 22
	178	+	COMPLETED BY AN AUDI TOR THAT IS NOT A UN IT OR AN EMPLOYEE OF THE STATE 23
	179	+	OR A LOCAL GOVERNM ENT. 24
	180	+
	181	+	(B) A COPY OF THE COMPLETE D AUDIT SUBMITTED UN DER SUBSECTION (A) 25
	182	+	OF THIS SECTION SHAL L BE KEPT PUBLICLY A VAILABLE BY THE BOARD AND THE 26
	183	+	MARYLAND DEPARTMENT OF HEALTH. 27
	184	+
	185	+	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 28
	186	+	October 1, 2022. 29
	187	+
	188	+
	189	+