Maryland 2022 2022 Regular Session

Maryland Senate Bill SB802 Engrossed / Bill

Filed 03/14/2022

                     
 
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. 
          *sb0802*  
  
SENATE BILL 802 
F5, J1   	2lr2878 
      
By: Senator Guzzone Senators Guzzone and Hester 
Introduced and read first time: February 7, 2022 
Assigned to: Education, Health, and Environmental Affairs 
Committee Report: Favorable with amendments 
Senate action: Adopted 
Read second time: March 2, 2022 
 
CHAPTER ______ 
 
AN ACT concerning 1 
 
Maryland Consortium on Coordinated 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; altering the amount of certain 8 
appropriations in certain fiscal years; and generally relating to the Maryland 9 
Consortium on Coordinated Community Supports. 10 
 
BY repealing and reenacting, with amendments, 11 
 Article – Education 12 
Section 7–447.1 13 
 Annotated Code of Maryland 14 
 (2018 Replacement Volume and 2021 Supplement) 15 
 
 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16 
That the Laws of Maryland read as follows: 17 
 
Article – Education 18 
 
7–447.1. 19 
 
 (a) (1) In this section the following words have the meanings indicated. 20  2 	SENATE BILL 802  
 
 
 
 (2) “Behavioral health services” has the meaning stated in § 7–447 of this 1 
subtitle. 2 
 
 (3) “Commission” means the Maryland Community Health Resources 3 
Commission. 4 
 
 (4) “Consortium” means the Maryland Consortium on Coordinated 5 
Community Supports established under subsection (b) of this section. 6 
 
 (5) “Coordinated community supports” means a holistic, nonstigmatized, 7 
and coordinated approach, including among the following persons, to meeting students’ 8 
behavioral health needs, addressing related challenges, and providing community services 9 
and supports to the students: 10 
 
 (i) Teachers, school leadership, and student instructional support 11 
personnel; 12 
 
 (ii) Local school systems; 13 
 
 (iii) Local community schools; 14 
 
 (iv) Behavioral health coordinators appointed under § 7–447 of this 15 
subtitle; 16 
 
 (v) Local health departments; 17 
 
 (vi) Nonprofit hospitals; 18 
 
 (vii) Other youth–serving governmental entities; 19 
 
 (viii) Other local youth–serving community entities; 20 
 
 (ix) Community behavioral health providers; 21 
 
 (x) Telemedicine providers; 22 
 
 (xi) Federally qualified health centers; and 23 
 
 (xii) Students, parents, and guardians. 24 
 
 (6) “Coordinated community supports partnership” means an entity 25 
formed to deliver coordinated community supports. 26 
 
 (7) “National Center for School Mental Health” means the National Center 27 
for School Mental Health at the University of Maryland, Baltimore Campus. 28 
   	SENATE BILL 802 	3 
 
 
 (b) (1) There is a Maryland Consortium on Coordinated Community Supports 1 
in the Commission. 2 
 
 (2) The Commission shall provide staff to the Consortium. 3 
 
 (3) [Two] FOUR additional staff shall be added to the Commission to staff 4 
the Consortium. 5 
 
 (c) The purposes of the Consortium are to: 6 
 
 (1) Support the development of coordinated community supports 7 
partnerships to meet student behavioral health needs and other related challenges in a 8 
holistic, nonstigmatized, and coordinated manner; 9 
 
 (2) Provide expertise for the development of best practices in the delivery 10 
of student behavioral health services, supports, and wraparound services; and 11 
 
 (3) Provide technical assistance to local school systems to support positive 12 
classroom environments and the closing of achievement gaps so that all students can 13 
succeed. 14 
 
 (d) The Consortium consists of the following members: 15 
 
 (1) THE FOLLOWING MEMBERS REPRESENTING GOVERNMENT 16 
AGENCIES:  17 
 
 (1) (I) The Secretary of Health, or the Secretary’s designee; 18 
 
 (2) (II) The Secretary of Human Services, or the Secretary’s designee; 19 
 
 (3) (III) The Secretary of Juvenile Services, or the Secretary’s designee; 20 
 
 (4) (IV) The State Superintendent of Schools, or the State 21 
Superintendent’s designee; 22 
 
 (5) (V) The Chair of the Commission, or the Chair’s designee; 23 
 
 (6) (VI) The Director of Community Schools in the State Department of 24 
Education, or the Director’s designee; 25 
 
 (VII) ONE MEMBER OF THE SENATE OF MARYLAND, APPOINTED 26 
BY THE PRESIDENT OF THE SENATE; AND 27 
 
 (VIII) ONE MEMBER OF THE HOUSE OF DELEGATES, APPOINTED 28 
BY THE SPEAKER OF THE HOUSE;  29 
  4 	SENATE BILL 802  
 
 
 (2) THE FOLLOWING MEMBERS REPRESENTING OTHER 1 
ORGANIZATIONS AND EN TITIES:  2 
 
 (7) (I) One member of the Maryland Council on Advancement of 3 
School–Based Health Centers, appointed by the Chair of the Council; 4 
 
 (8) (II) One county superintendent of schools, designated by the Public 5 
School Superintendents Association of Maryland; 6 
 
 (9) (III) One member of a county board of education, designated by the 7 
Maryland Association of Boards of Education; 8 
 
 (10) (IV) One teacher who is teaching in the State, designated by the 9 
Maryland State Education Association; 10 
 
 (11) (V) One social worker practicing at a school in the State, designated 11 
by the Maryland Chapter of the National Association of Social Workers; 12 
 
 (12) (VI) One psychologist practicing in a school in the State, designated 13 
by the Maryland School Psychologists Association; 14 
 
 (13) (VII) One representative of nonprofit hospitals, designated by the 15 
Maryland Hospital Association; 16 
 
 (14) (VIII) ONE MEMBER OF THE COMMISSION, DESIGNATED BY THE 17 
CHAIR OF THE COMMISSION; AND 18 
 
 (15) (IX) ONE REPRESENTATIVE OF THE MARYLAND MEDICAL 19 
ASSISTANCE PROGRAM, DESIGNATED BY THE SECRETARY OF HEALTH; 20 
 
 [(14)] (16) (3) The following members appointed by the Governor: 21 
 
 (i) One representative of the community behavioral health 22 
community with expertise in telehealth; 23 
 
 (ii) One representative of local departments of social services; and 24 
 
 (iii) One representative of local departments of health; and 25 
 
 [(15)] (17) (4) The following members appointed jointly by the President 26 
of the Senate and the Speaker of the House: 27 
 
 (i) One individual with expertise in creating a positive classroom 28 
environment; 29 
 
 (ii) One individual with expertise in equity in education; and 30   	SENATE BILL 802 	5 
 
 
 
 (iii) Two members of the public, appointed by the President of the 1 
Senate. 2 
 
 (E) (1) THIS SUBSECTION APPLI ES ONLY TO THE MEMBERS APPOINTED 3 
UNDER SUBSECTION (D)(2), (3), AND (4) OF THIS SECTION. 4 
 
 (2) A MEMBER SERVES FOR A TERM OF 4 YEARS BEGINNING ON T HE 5 
DATE OF THE MEMBER ’S APPOINTMENT AND UN TIL A SUCCESSOR IS A PPOINTED AND 6 
QUALIFIES. 7 
 
 (2) (3) A MEMBER MAY NOT SERVE FOR MORE THAN TWO 8 
CONSECUTIVE TERMS . 9 
 
 (4) THE TERMS OF THE MEMB ERS ARE STAGGERED AS REQUIRED BY 10 
THE TERMS OF THE MEM BERS SERVING ON THE CONSORTIUM ON JULY 1, 2022.  11 
 
 [(e)] (F) [(1)] The [members of the Consortium shall select a chair from among 12 
the members] CHAIR OF THE CONSORTIUM SHALL BE A PPOINTED JOINTLY BY THE 13 
PRESIDENT OF THE SENATE AND THE SPEAKER OF THE HOUSE FROM AMONG THE 14 
MEMBERS OF THE CONSORTIUM . 15 
 
 (G) [(2)] (1) (i) The National Center for School Mental Health shall 16 
provide technical assistance. 17 
 
 (ii) The assistance provided under subparagraph (i) of this 18 
paragraph may include the creation of partnership coordinators to support the work of local 19 
behavioral health services coordinators appointed under § 7–447 of this subtitle. 20 
 
 (2) A THREE–PARTY MEMORANDUM OF UNDE RSTANDING SHALL BE 21 
ENTERED INTO AND SIG NED BY THE CONSORTIUM, THE COMMISSION, AND THE 22 
NATIONAL CENTER FOR SCHOOL MENTAL HEALTH REGARDING THE PROVISION OF 23 
TECHNICAL ASSISTANCE . 24 
 
 [(f)] (H) A member of the Consortium: 25 
 
 (1) May not receive compensation as a member of the Consortium; but 26 
 
 (2) Is entitled to reimbursement for expenses under the Standard State 27 
Travel Regulations, as provided in the State budget. 28 
 
 (I) A MAJORITY OF THE APPO INTED MEMBERS THEN S ERVING ON THE 29 
CONSORTIUM IS A QUORUM. 30 
  6 	SENATE BILL 802  
 
 
 [(g)] (J) The Consortium may use subcommittees, including subcommittees that 1 
include nonmember experts, as necessary, to meet the requirements of this section. 2 
 
 [(h)] (K) The Consortium shall: 3 
 
 (1) Develop a statewide framework for the creation of coordinated 4 
community supports partnerships; 5 
 
 (2) Ensure that community supports partnerships are structured in a 6 
manner that provides community services and supports in a holistic and nonstigmatized 7 
manner that meets behavioral health and other wraparound needs of students and is 8 
coordinated with any other youth–serving government agencies interacting with the 9 
students; 10 
 
 (3) Develop a model for expanding available behavioral health services and 11 
supports to all students in each local school system through: 12 
 
 (i) The maximization of public funding through the Maryland 13 
Medical Assistance Program, including billing for Program administrative costs, or other 14 
public sources; 15 
 
 (ii) Commercial insurance participation; 16 
 
 (iii) The implementation of a sliding scale for services based on family 17 
income; and 18 
 
 (iv) The participation of nonprofit hospitals through community 19 
benefit requirements; 20 
 
 (4) [Develop and implement] PROVIDE GUIDANCE AND SUPPORT TO 21 
THE COMMISSION FOR THE PU RPOSE OF DEVELO PING AND IMPLEMENTIN G a grant 22 
program to award grants to coordinated community supports partnerships with funding 23 
necessary to deliver services and supports to meet the holistic behavioral health needs and 24 
other related challenges facing the students proposed to be served by the coordinated 25 
community supports partnership and that sets reasonable administrative costs for the 26 
coordinated community supports partnership; 27 
 
 (5) Evaluate how a reimbursement system could be developed through the 28 
Maryland Department of Health or a private contractor to reimburse providers 29 
participating in a coordinated community supports partnership and providing services and 30 
supports to students who are uninsured and for the difference in commercial insurance 31 
payments and Maryland Medical Assistance Program fee–for–service payments; 32 
 
 (6) In consultation with the Department, develop best practices for the 33 
implementation of and related to the creation of a positive classroom environment for all 34 
students using evidence–based methods that recognize the disproportionality of classroom 35 
management referrals, including by: 36   	SENATE BILL 802 	7 
 
 
 
 (i) Creating a list of programs and classroom management practices 1 
that are evidence–based best practices to address student behavioral health issues in a 2 
classroom environment; 3 
 
 (ii) Evaluating relevant regulations and making recommendations 4 
for any necessary clarifications, as well as developing a plan to provide technical assistance 5 
in the implementation of the regulations by local school systems to create a positive 6 
classroom environment; and 7 
 
 (iii) Developing a mechanism to ensure that all local school systems 8 
implement relevant regulations in a consistent manner; and 9 
 
 (7) Develop a geographically diverse plan that uses both school–based 10 
behavioral health services and coordinated community supports partnerships to ensure 11 
that each student in each local school system has access to services and supports that meet 12 
the student’s behavioral health needs and related challenges within a 1–hour drive of a 13 
student’s residence. 14 
 
 [(i)] (L) A coordinated community supports partnership shall provide systemic 15 
services to students in a manner that is: 16 
 
 (1) Community–based; 17 
 
 (2) Family–driven and youth–guided; and 18 
 
 (3) Culturally competent and that provides access to high–quality, 19 
acceptable services for culturally diverse populations. 20 
 
 [(j)] (M) (1) The Consortium, in consultation with the National Center on 21 
School Mental Health, shall develop accountability metrics that may be used to 22 
demonstrate whether the services and supports provided through a coordinated community 23 
supports partnership that receives a grant from the [Consortium] COMMISSION are 24 
positively impacting the students served by the coordinated community supports 25 
partnership, their families, and the community, including metrics that would measure: 26 
 
 (i) Whether there have been any: 27 
 
 1. Increase in services provided; 28 
 
 2. Reductions in absenteeism; 29 
 
 3. Repeat referrals to the coordinated community supports 30 
partnership; 31 
 
 4. Reduction in interactions of the students with 32 
youth–serving agencies; and 33  8 	SENATE BILL 802  
 
 
 
 5. Increase in funding through federal, local, and private 1 
sources; and 2 
 
 (ii) Any other identifiable data sets that would demonstrate whether 3 
a coordinated community supports partnership is successfully meeting the behavioral 4 
health needs of students. 5 
 
 (2) The development of the metrics under paragraph (1) of this subsection 6 
shall be coordinated with the Maryland Longitudinal Data System Center and the 7 
Accountability and Implementation Board, established under § 5–402 of this article, to 8 
ensure consistency with other data collection efforts. 9 
 
 [(k)] (N) Beginning in fiscal year 2025 and each fiscal year thereafter, the 10 
Consortium shall use the accountability metrics developed under subsection [(j)] (M) of this 11 
section to develop best practices to be used by a coordinated community supports 12 
partnership in the delivery of supports and services and the maximization of federal, local, 13 
and private funding. 14 
 
 [(l)] (O) Notwithstanding any other provision of law, a nonprofit hospital that 15 
receives funding for coordinating or participating in a coordinated community supports 16 
partnership may include the value of services provided through the coordinated community 17 
supports partnership towards meeting community benefit requirements under § 19–303 of 18 
the Health – General Article. 19 
 
 [(m)] (P) (1) In this subsection, “Fund” means the Coordinated Community 20 
Supports Partnership Fund. 21 
 
 (2) There is a Coordinated Community Supports Partnership Fund. 22 
 
 (3) The purpose of the Fund is to support the delivery of services and 23 
supports provided to students to meet their holistic behavioral health needs and address 24 
other related challenges. 25 
 
 (4) The [Department] COMMISSION shall administer the Fund AND THE 26 
PROVISION OF GRANTS UNDER THE FUND. 27 
 
 (5) (i) The Fund is a special, nonlapsing fund that is not subject to §  28 
7–302 of the State Finance and Procurement Article. 29 
 
 (ii) The State Treasurer shall hold the Fund separately, and the 30 
Comptroller shall account for the Fund. 31 
 
 (6) The Fund consists of: 32 
 
 (i) Money appropriated in the State budget to the Fund; 33   	SENATE BILL 802 	9 
 
 
 
 (ii) Interest earnings; and 1 
 
 (iii) Any other money from any other source accepted for the benefit 2 
of the Fund. 3 
 
 (7) The Fund may be used only by the [Consortium] COMMISSION for: 4 
 
 (i) Providing reimbursement, under a memorandum of 5 
understanding, to the National Center for School Mental Health and other technical 6 
assistance providers to support the work of the Consortium; 7 
 
 (ii) Providing grants to coordinated community supports 8 
partnerships to deliver services and supports to meet students’ holistic behavioral health 9 
needs and to address other related challenges; and 10 
 
 (iii) Paying any associated administrative costs. 11 
 
 (8) The Governor shall include in the annual budget bill the following 12 
appropriations for the Fund: 13 
 
 (i) $25,000,000 in fiscal year 2022; 14 
 
 (ii) $50,000,000 in fiscal year 2023; 15 
 
 (iii) $75,000,000 $85,000,000 in fiscal year 2024; 16 
 
 (iv) $100,000,000 $110,000,000 in fiscal year 2025; and 17 
 
 (v) $125,000,000 $130,000,000 in fiscal year 2026 and each fiscal 18 
year thereafter. 19 
 
 (9) (i) The State Treasurer shall invest the money of the Fund in the 20 
same manner as other State money may be invested. 21 
 
 (ii) Any interest earnings of the Fund shall be credited to the Fund. 22 
 
 (10) Expenditures from the Fund may be made only in accordance with the 23 
State budget. 24 
 
 [(n)] (Q) (1) Any grant funding or local school system implementation 25 
assistance provided under this section through the [Consortium] COMMISSION and 26 
coordinated community supports partnerships shall be supplemental to, and may not 27 
supplant, existing funding provided as of fiscal year 2022 to local school systems through 28 
local government expenditures or local school system expenditures, or other funding 29  10 	SENATE BILL 802  
 
 
sources, for school–based behavioral health personnel, services, supports, or other  1 
school–based behavioral health purposes. 2 
 
 (2) THE STATE FUNDING PROVIDE D UNDER THE FUND IS 3 
SUPPLEMENTAL TO AND NOT INTENDED TO TAKE THE PLACE OF FUNDING THAT 4 
WOULD OTHERWISE BE A PPROPRIATED TO THE MARYLAND COMMUNITY HEALTH 5 
RESOURCES COMMISSION FUND IN THE STATE BUDGET . 6 
 
 [(o)] (R) Beginning on July 1, 2022, and each July 1 thereafter, the Consortium 7 
shall submit to the Accountability and Implementation Board, the Governor, and, in 8 
accordance with § 2–1257 of the State Government Article, the General Assembly, a report 9 
on: 10 
 
 (1) The activities of the Consortium; 11 
 
 (2) The creation of coordinated community supports partnerships and the 12 
area served by each partnership; 13 
 
 (3) Grants awarded to coordinated community supports partnerships; and 14 
 
 (4) All other activities of the Consortium to carry out the requirements of 15 
this section. 16 
 
 (S) THE COMMISSION MAY A DOPT RULES AND REGUL ATIONS TO CARRY OUT 17 
THIS SECTION. 18 
 
 SECTION 2. AND BE IT FURTHER ENACTED, That the terms of the initial 19 
members of the Maryland Consortium on Coordinated Community Supports shall expire 20 
as follows: 21 
 
 (1) in 2024: 22 
 
 (i) four members appointed under § 7–447.1(d)(2) of the Education 23 
Article, as enacted by Section 1 of this Act; and 24 
 
 (ii) one member appointed under § 7–447.1(d)(4) of the Education 25 
Article, as enacted by Section 1 of this Act; 26 
 
 (2) in 2025: 27 
 
 (i) two members appointed under § 7–447.1(d)(2) of the Education 28 
Article, as enacted by Section 1 of this Act; 29 
 
 (ii) two members appointed under § 7–447.1(d)(3) of the Education 30 
Article, as enacted by Section 1 of this Act; and 31 
   	SENATE BILL 802 	11 
 
 
 (iii) one member appointed under § 7–447.1(d)(4) of the Education 1 
Article, as enacted by Section 1 of this Act; and 2 
 
 (3) in 2026: 3 
 
 (i) three members appointed under § 7–447.1(d)(2) of the Education 4 
Article, as enacted by Section 1 of this Act; 5 
 
 (ii) one member appointed under § 7–447.1(d)(3) of the Education 6 
Article, as enacted by Section 1 of this Act; and 7 
 
 (iii) two members appointed under § 7–447.1(d)(4) of the Education 8 
Article, as enacted by Section 1 of this Act. 9 
 
 SECTION 3. AND BE IT FURTHER ENACTED, That, notwithstand	ing the 10 
provisions of § 7–447.1(r) of the Education Article, as enacted by Section 1 of this Act, the 11 
Maryland Consortium on Coordinated Community Supports shall submit its initial report 12 
to the Accountability and Implementation Board, the Governor, and, in accordance with § 13 
2–1257 of the State Government Article, the General Assembly on or before December 1, 14 
2022.  15 
 
 SECTION 2. 4. AND BE IT FURTHER ENACTED, That this Act shall take effect 16 
October July 1, 2022.  17 
 
 
 
 
Approved: 
________________________________________________________________________________  
 Governor. 
________________________________________________________________________________  
         President of the Senate. 
________________________________________________________________________________  
  Speaker of the House of Delegates.