Maryland 2022 2022 Regular Session

Maryland Senate Bill SB802 Introduced / Bill

Filed 02/10/2022

                     
 
EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. 
        [Brackets] indicate matter deleted from existing law. 
          *sb0802*  
  
SENATE BILL 802 
F5, J1   	2lr2878 
      
By: Senator Guzzone 
Introduced and read first time: February 7, 2022 
Assigned to: Education, Health, and Environmental Affairs 
 
A BILL ENTITLED 
 
AN ACT concerning 1 
 
Maryland Consortium on Coordinate d Community Supports – Membership and 2 
Coordinated Community Supports Partnership Fund – Revisions 3 
 
FOR the purpose of altering certain provisions of law regarding the Maryland Consortium 4 
on Coordinated Community Supports, including membership, terms of members, 5 
appointment of the chair, staff, and memorandum of understanding for technical 6 
assistance; altering certain provisions of law regarding the administration of the 7 
Coordinated Community Supports Partnership Fund; and generally relating to the 8 
Maryland Consortium on Coordinated Community Supports. 9 
 
BY repealing and reenacting, with amendments, 10 
 Article – Education 11 
Section 7–447.1 12 
 Annotated Code of Maryland 13 
 (2018 Replacement Volume and 2021 Supplement) 14 
 
 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15 
That the Laws of Maryland read as follows: 16 
 
Article – Education 17 
 
7–447.1. 18 
 
 (a) (1) In this section the following words have the meanings indicated. 19 
 
 (2) “Behavioral health services” has the meaning stated in § 7–447 of this 20 
subtitle. 21 
 
 (3) “Commission” means the Maryland Community Health Resources 22 
Commission. 23 
  2 	SENATE BILL 802  
 
 
 (4) “Consortium” means the Maryland Consortium on Coordinated 1 
Community Supports established under subsection (b) of this section. 2 
 
 (5) “Coordinated community supports” means a holistic, nonstigmatized, 3 
and coordinated approach, including among the following persons, to meeting students’ 4 
behavioral health needs, addressing related challenges, and providing community services 5 
and supports to the students: 6 
 
 (i) Teachers, school leadership, and student instructional support 7 
personnel; 8 
 
 (ii) Local school systems; 9 
 
 (iii) Local community schools; 10 
 
 (iv) Behavioral health coordinators appointed under § 7–447 of this 11 
subtitle; 12 
 
 (v) Local health departments; 13 
 
 (vi) Nonprofit hospitals; 14 
 
 (vii) Other youth–serving governmental entities; 15 
 
 (viii) Other local youth–serving community entities; 16 
 
 (ix) Community behavioral health providers; 17 
 
 (x) Telemedicine providers; 18 
 
 (xi) Federally qualified health centers; and 19 
 
 (xii) Students, parents, and guardians. 20 
 
 (6) “Coordinated community supports partnership” means an entity 21 
formed to deliver coordinated community supports. 22 
 
 (7) “National Center for School Mental Health” means the National Center 23 
for School Mental Health at the University of Maryland, Baltimore Campus. 24 
 
 (b) (1) There is a Maryland Consortium on Coordinated Community Supports 25 
in the Commission. 26 
 
 (2) The Commission shall provide staff to the Consortium. 27 
 
 (3) [Two] FOUR additional staff shall be added to the Commission to staff 28 
the Consortium. 29   	SENATE BILL 802 	3 
 
 
 
 (c) The purposes of the Consortium are to: 1 
 
 (1) Support the development of coordinated community supports 2 
partnerships to meet student behavioral health needs and other related challenges in a 3 
holistic, nonstigmatized, and coordinated manner; 4 
 
 (2) Provide expertise for the development of best practices in the delivery 5 
of student behavioral health services, supports, and wraparound services; and 6 
 
 (3) Provide technical assistance to local school systems to support positive 7 
classroom environments and the closing of achievement gaps so that all students can 8 
succeed. 9 
 
 (d) The Consortium consists of the following members: 10 
 
 (1) The Secretary of Health, or the Secretary’s designee; 11 
 
 (2) The Secretary of Human Services, or the Secretary’s designee; 12 
 
 (3) The Secretary of Juvenile Services, or the Secretary’s designee; 13 
 
 (4) The State Superintendent of Schools, or the State Superintendent’s 14 
designee; 15 
 
 (5) The Chair of the Commission, or the Chair’s designee; 16 
 
 (6) The Director of Community Schools in the State Department of 17 
Education, or the Director’s designee; 18 
 
 (7) One member of the Maryland Council on Advancement of School–Based 19 
Health Centers, appointed by the Chair of the Council; 20 
 
 (8) One county superintendent of schools, designated by the Public School 21 
Superintendents Association of Maryland; 22 
 
 (9) One member of a county board of education, designated by the 23 
Maryland Association of Boards of Education; 24 
 
 (10) One teacher who is teaching in the State, designated by the Maryland 25 
State Education Association; 26 
 
 (11) One social worker practicing at a school in the State, designated by the 27 
Maryland Chapter of the National Association of Social Workers; 28 
 
 (12) One psychologist practicing in a school in the State, designated by the 29 
Maryland School Psychologists Association; 30  4 	SENATE BILL 802  
 
 
 
 (13) One representative of nonprofit hospitals, designated by the Maryland 1 
Hospital Association; 2 
 
 (14) ONE MEMBER OF THE COMMISSION, DESIGNATED BY THE CHAIR 3 
OF THE COMMISSION; 4 
 
 (15) ONE REPRESENTATIVE OF THE MARYLAND MEDICAL 5 
ASSISTANCE PROGRAM, DESIGNATED BY THE SECRETARY OF HEALTH; 6 
 
 [(14)] (16) The following members appointed by the Governor: 7 
 
 (i) One representative of the community behavioral health 8 
community with expertise in telehealth; 9 
 
 (ii) One representative of local departments of social services; and 10 
 
 (iii) One representative of local departments of health; and 11 
 
 [(15)] (17) The following members appointed jointly by the President of the 12 
Senate and the Speaker of the House: 13 
 
 (i) One individual with expertise in creating a positive classroom 14 
environment; 15 
 
 (ii) One individual with expertise in equity in education; and 16 
 
 (iii) Two members of the public, appointed by the President of the 17 
Senate. 18 
 
 (E) (1) A MEMBER SERV ES FOR A TERM OF 4 YEARS BEGINNING ON THE 19 
DATE OF THE MEMBER ’S APPOINTMENT AND UN TIL A SUCCESSOR IS A PPOINTED AND 20 
QUALIFIES. 21 
 
 (2) A MEMBER MAY NOT SERVE FOR MORE THAN TWO CO NSECUTIVE 22 
TERMS. 23 
 
 [(e)] (F) [(1)] The [members of the Consortium shall select a chair from among 24 
the members] CHAIR OF THE CONSORTIUM SHALL BE A PPOINTED JOINTLY BY THE 25 
PRESIDENT OF THE SENATE AND THE SPEAKER OF THE HOUSE FROM AMONG THE 26 
MEMBERS OF THE CONSORTIUM . 27 
 
 [(2)] (G) (1) (i) The National Center for School Mental Health shall 28 
provide technical assistance. 29 
 
 (ii) The assistance provided under subparagraph (i) of this 30   	SENATE BILL 802 	5 
 
 
paragraph may include the creation of partnership coordinators to support the work of local 1 
behavioral health services coordinators appointed under § 7–447 of this subtitle. 2 
 
 (2) A THREE–PARTY MEMORANDUM OF UNDERSTANDING SHALL BE 3 
ENTERED INTO AND SIG NED BY THE CONSORTIUM, THE COMMISSION, AND THE 4 
NATIONAL CENTER FOR SCHOOL MENTAL HEALTH REGARDING THE PROVISION OF 5 
TECHNICAL ASSISTANCE . 6 
 
 [(f)] (H) A member of the Consortium: 7 
 
 (1) May not receive compensation as a member of the Consortium; but 8 
 
 (2) Is entitled to reimbursement for expenses under the Standard State 9 
Travel Regulations, as provided in the State budget. 10 
 
 (I) A MAJORITY OF THE APPO INTED MEMBERS THEN S ERVING ON THE 11 
CONSORTIUM IS A QUORU M. 12 
 
 [(g)] (J) The Consortium may use subcommittees, including subcommittees that 13 
include nonmember experts, as necessary, to meet the requirements of this section. 14 
 
 [(h)] (K) The Consortium shall: 15 
 
 (1) Develop a statewide framework for the creation of coordinated 16 
community supports partnerships; 17 
 
 (2) Ensure that community supports partnerships are structured in a 18 
manner that provides community services and supports in a holistic and nonstigmatized 19 
manner that meets behavioral health and other wraparound needs of students and is 20 
coordinated with any other youth–serving government agencies interacting with the 21 
students; 22 
 
 (3) Develop a model for expanding available behavioral health services and 23 
supports to all students in each local school system through: 24 
 
 (i) The maximization of public funding through the Maryland 25 
Medical Assistance Program, including billing for Program administrative costs, or other 26 
public sources; 27 
 
 (ii) Commercial insurance participation; 28 
 
 (iii) The implementation of a sliding scale for services based on family 29 
income; and 30 
 
 (iv) The participation of nonprofit hospitals through community 31 
benefit requirements; 32  6 	SENATE BILL 802  
 
 
 
 (4) [Develop and implement] PROVIDE GUIDANCE AND SUPPORT TO 1 
THE COMMISSION FOR THE PU RPOSE OF DEVELOPING AND IMPLEMENTING a grant 2 
program to award grants to coordinated community supports partnerships with funding 3 
necessary to deliver services and supports to meet the holistic behavioral health needs and 4 
other related challenges facing the students proposed to be served by the coordinated 5 
community supports partnership and that sets reasonable administrative costs for the 6 
coordinated community supports partnership; 7 
 
 (5) Evaluate how a reimbursement system could be developed through the 8 
Maryland Department of Health or a private contractor to reimburse providers 9 
participating in a coordinated community supports partnership and providing services and 10 
supports to students who are uninsured and for the difference in commercial insurance 11 
payments and Maryland Medical Assistance Program fee–for–service payments; 12 
 
 (6) In consultation with the Department, develop best practices for the 13 
implementation of and related to the creation of a positive classroom environment for all 14 
students using evidence–based methods that recognize the disproportionality of classroom 15 
management referrals, including by: 16 
 
 (i) Creating a list of programs and classroom management practices 17 
that are evidence–based best practices to address student behavioral health issues in a 18 
classroom environment; 19 
 
 (ii) Evaluating relevant regulations and making recommendations 20 
for any necessary clarifications, as well as developing a plan to provide technical assistance 21 
in the implementation of the regulations by local school systems to create a positive 22 
classroom environment; and 23 
 
 (iii) Developing a mechanism to ensure that all local school systems 24 
implement relevant regulations in a consistent manner; and 25 
 
 (7) Develop a geographically diverse plan that uses both school–based 26 
behavioral health services and coordinated community supports partnerships to ensure 27 
that each student in each local school system has access to services and supports that meet 28 
the student’s behavioral health needs and related challenges within a 1–hour drive of a 29 
student’s residence. 30 
 
 [(i)] (L) A coordinated community supports partnership shall provide systemic 31 
services to students in a manner that is: 32 
 
 (1) Community–based; 33 
 
 (2) Family–driven and youth–guided; and 34 
 
 (3) Culturally competent and that provides access to high –quality, 35 
acceptable services for culturally diverse populations. 36   	SENATE BILL 802 	7 
 
 
 
 [(j)] (M) (1) The Consortium, in consultation with the National Center on 1 
School Mental Health, shall develop accountability metrics that may be used to 2 
demonstrate whether the services and supports provided through a coordinated community 3 
supports partnership that receives a grant from the [Consortium] COMMISSION are 4 
positively impacting the students served by the coordinated community supports 5 
partnership, their families, and the community, including metrics that would measure: 6 
 
 (i) Whether there have been any: 7 
 
 1. Increase in services provided; 8 
 
 2. Reductions in absenteeism; 9 
 
 3. Repeat referrals to the coordinated community supports 10 
partnership; 11 
 
 4. Reduction in interactions of the students with 12 
youth–serving agencies; and 13 
 
 5. Increase in funding through federal, local, and private 14 
sources; and 15 
 
 (ii) Any other identifiable data sets that would demonstrate whether 16 
a coordinated community supports partnership is successfully meeting the behavioral 17 
health needs of students. 18 
 
 (2) The development of the metrics under paragraph (1) of this subsection 19 
shall be coordinated with the Maryland Longitudinal Data System Center and the 20 
Accountability and Implementation Board, established under § 5–402 of this article, to 21 
ensure consistency with other data collection efforts. 22 
 
 [(k)] (N) Beginning in fiscal year 2025 and each fiscal year thereafter, the 23 
Consortium shall use the accountability metrics developed under subsection [(j)] (M) of this 24 
section to develop best practices to be used by a coordinated community supports 25 
partnership in the delivery of supports and services and the maximization of federal, local, 26 
and private funding. 27 
 
 [(l)] (O) Notwithstanding any other provision of law, a nonprofit hospital that 28 
receives funding for coordinating or participating in a coordinated community supports 29 
partnership may include the value of services provided through the coordinated community 30 
supports partnership towards meeting community benefit requirements under § 19–303 of 31 
the Health – General Article. 32 
 
 [(m)] (P) (1) In this subsection, “Fund” means the Coordinated Community 33 
Supports Partnership Fund. 34  8 	SENATE BILL 802  
 
 
 
 (2) There is a Coordinated Community Supports Partnership Fund. 1 
 
 (3) The purpose of the Fund is to support the delivery of services and 2 
supports provided to students to meet their holistic behavioral health needs and address 3 
other related challenges. 4 
 
 (4) The [Department] COMMISSION shall administer the Fund AND THE 5 
PROVISION OF GRANTS UNDER THE FUND. 6 
 
 (5) (i) The Fund is a special, nonlapsing fund that is not subject to §  7 
7–302 of the State Finance and Procurement Article. 8 
 
 (ii) The State Treasurer shall hold the Fund separately, and the 9 
Comptroller shall account for the Fund. 10 
 
 (6) The Fund consists of: 11 
 
 (i) Money appropriated in the State budget to the Fund; 12 
 
 (ii) Interest earnings; and 13 
 
 (iii) Any other money from any other source accepted for the benefit 14 
of the Fund. 15 
 
 (7) The Fund may be used only by the [Consortium] COMMISSION for: 16 
 
 (i) Providing reimbursement, under a memorandum of 17 
understanding, to the National Center for School Mental Health and other technical 18 
assistance providers to support the work of the Consortium; 19 
 
 (ii) Providing grants to coordinated community supports 20 
partnerships to deliver services and supports to meet students’ holistic behavioral health 21 
needs and to address other related challenges; and 22 
 
 (iii) Paying any associated administrative costs. 23 
 
 (8) The Governor shall include in the annual budget bill the following 24 
appropriations for the Fund: 25 
 
 (i) $25,000,000 in fiscal year 2022; 26 
 
 (ii) $50,000,000 in fiscal year 2023; 27 
 
 (iii) $75,000,000 in fiscal year 2024; 28 
 
 (iv) $100,000,000 in fiscal year 2025; and 29   	SENATE BILL 802 	9 
 
 
 
 (v) $125,000,000 in fiscal year 2026 and each fiscal year thereafter. 1 
 
 (9) (i) The State Treasurer shall invest the money of the Fund in the 2 
same manner as other State money may be invested. 3 
 
 (ii) Any interest earnings of the Fund shall be credited to the Fund. 4 
 
 (10) Expenditures from the Fund may be made only in accordance with the 5 
State budget. 6 
 
 [(n)] (Q) (1) Any grant funding or local school system implementation 7 
assistance provided under this section through the [Consortium] COMMISSION and 8 
coordinated community supports partnerships shall be supplemental to, and may not 9 
supplant, existing funding provided as of fiscal year 2022 to local school systems through 10 
local government expenditures or local school system expenditures, or other funding 11 
sources, for school–based behavioral health personnel, services, supports, or other  12 
school–based behavioral health purposes. 13 
 
 (2) THE STATE FUNDING PROVIDE D UNDER THE FUND IS 14 
SUPPLEMENTAL TO AND NOT INTENDED TO TAKE THE PLACE OF FUNDING THAT 15 
WOULD OTHERWISE BE A PPROPRIATED TO THE MARYLAND COMMUNITY HEALTH 16 
RESOURCES COMMISSION FUND IN THE STATE BUDGET . 17 
 
 [(o)] (R) Beginning on July 1, 2022, and each July 1 thereafter, the Consortium 18 
shall submit to the Accountability and Implementation Board, the Governor, and, in 19 
accordance with § 2–1257 of the State Government Article, the General Assembly, a report 20 
on: 21 
 
 (1) The activities of the Consortium; 22 
 
 (2) The creation of coordinated community supports partnerships and the 23 
area served by each partnership; 24 
 
 (3) Grants awarded to coordinated community supports partnerships; and 25 
 
 (4) All other activities of the Consortium to carry out the requirements of 26 
this section. 27 
 
 (S) THE COMMISSION MAY ADOPT RULES AND REGULATION S TO CARRY OUT 28 
THIS SECTION. 29 
 
 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 30 
October 1, 2022. 31