Maryland 2022 Regular Session

Maryland Senate Bill SB802 Latest Draft

Bill / Chaptered Version Filed 06/07/2022

                             LAWRENCE J. HOGAN, JR., Governor Ch. 713 
 
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Chapter 713 
(Senate Bill 802) 
 
AN ACT concerning 
 
Maryland Consortium on Coordinated Community Supports – Membership and 
Coordinated Community Supports Partnership Fund – Revisions 
 
FOR the purpose of altering certain provisions of law regarding the Maryland Consortium 
on Coordinated Community Supports, including membership, terms of members, 
appointment of the chair, staff, and memorandum of understanding for technical 
assistance; altering certain provisions of law regarding the administration of the 
Coordinated Community Supports Partnership Fund; altering the amount of certain 
appropriations in certain fiscal years; and generally relating to the Maryland 
Consortium on Coordinated Community Supports. 
 
BY repealing and reenacting, with amendments, 
 Article – Education 
Section 7–447.1 
 Annotated Code of Maryland 
 (2018 Replacement Volume and 2021 Supplement) 
 
 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 
That the Laws of Maryland read as follows: 
 
Article – Education 
 
7–447.1. 
 
 (a) (1) In this section the following words have the meanings indicated. 
 
 (2) “Behavioral health services” has the meaning stated in § 7–447 of this 
subtitle. 
 
 (3) “Commission” means the Maryland Community Health Resources 
Commission. 
 
 (4) “Consortium” means the Maryland Consortium on Coordinated 
Community Supports established under subsection (b) of this section. 
 
 (5) “Coordinated community supports” means a holistic, nonstigmatized, 
and coordinated approach, including among the following persons, to meeting students’ 
behavioral health needs, addressing related challenges, and providing community services 
and supports to the students: 
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 (i) Teachers, school leadership, and student instructional support 
personnel; 
 
 (ii) Local school systems; 
 
 (iii) Local community schools; 
 
 (iv) Behavioral health coordinators appointed under § 7–447 of this 
subtitle; 
 
 (v) Local health departments; 
 
 (vi) Nonprofit hospitals; 
 
 (vii) Other youth–serving governmental entities; 
 
 (viii) Other local youth–serving community entities; 
 
 (ix) Community behavioral health providers; 
 
 (x) Telemedicine providers; 
 
 (xi) Federally qualified health centers; and 
 
 (xii) Students, parents, and guardians. 
 
 (6) “Coordinated community supports partnership” means an entity 
formed to deliver coordinated community supports. 
 
 (7) “National Center for School Mental Health” means the National Center 
for School Mental Health at the University of Maryland, Baltimore Campus. 
 
 (b) (1) There is a Maryland Consortium on Coordinated Community Supports 
in the Commission. 
 
 (2) The Commission shall provide staff to the Consortium. 
 
 (3) [Two] FOUR additional staff shall be added to the Commission to staff 
the Consortium. 
 
 (c) The purposes of the Consortium are to: 
 
 (1) Support the development of coordinated community supports 
partnerships to meet student behavioral health needs and other related challenges in a 
holistic, nonstigmatized, and coordinated manner; 
   LAWRENCE J. HOGAN, JR., Governor Ch. 713 
 
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 (2) Provide expertise for the development of best practices in the delivery 
of student behavioral health services, supports, and wraparound services; and 
 
 (3) Provide technical assistance to local school systems to support positive 
classroom environments and the closing of achievement gaps so that all students can 
succeed. 
 
 (d) The Consortium consists of the following members: 
 
 (1) THE FOLLOWING MEMBERS REPRESENTING GOVERNM ENT 
AGENCIES:  
 
 (1) (I) The Secretary of Health, or the Secretary’s designee; 
 
 (2) (II) The Secretary of Human Services, or the Secretary’s designee; 
 
 (3) (III) The Secretary of Juvenile Services, or the Secretary’s designee; 
 
 (4) (IV) The State Superintendent of Schools, or the State 
Superintendent’s designee; 
 
 (5) (V) The Chair of the Commission, or the Chair’s designee; 
 
 (6) (VI) The Director of Community Schools in the State Department of 
Education, or the Director’s designee; 
 
 (VII) ONE MEMBER OF THE SENATE OF MARYLAND, APPOINTED 
BY THE PRESIDENT OF THE SENATE; AND 
 
 (VIII) ONE MEMBER OF THE HOUSE OF DELEGATES, APPOINTED 
BY THE SPEAKER OF THE HOUSE;  
 
 (2) THE FOLLOWING MEMBERS REPRESENTING OTHER 
ORGANIZATIONS AND EN TITIES:  
 
 (7) (I) One member of the Maryland Council on Advancement of 
School–Based Health Centers, appointed by the Chair of the Council; 
 
 (8) (II) One county superintendent of schools, designated by the Public 
School Superintendents Association of Maryland; 
 
 (9) (III) One member of a county board of education, designated by the 
Maryland Association of Boards of Education; 
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 (10) (IV) One teacher who is teaching in the State, designated by the 
Maryland State Education Association; 
 
 (11) (V) One social worker practicing at a school in the State, designated 
by the Maryland Chapter of the National Association of Social Workers; 
 
 (12) (VI) One psychologist practicing in a school in the State, designated 
by the Maryland School Psychologists Association; 
 
 (13) (VII) One representative of nonprofit hospitals, designated by the 
Maryland Hospital Association; 
 
 (14) (VIII) ONE MEMBER OF THE COMMISSION, DESIGNATED BY THE 
CHAIR OF THE COMMISSION; AND 
 
 (15) (IX) ONE REPRESENTATIVE OF THE MARYLAND MEDICAL 
ASSISTANCE PROGRAM, DESIGNATED BY THE SECRETARY OF HEALTH; 
 
 [(14)] (16) (3) The following members appointed by the Governor: 
 
 (i) One representative of the community behavioral health 
community with expertise in telehealth; 
 
 (ii) One representative of local departments of social services; and 
 
 (iii) One representative of local departments of health; and 
 
 [(15)] (17) (4) The following members appointed jointly by the President 
of the Senate and the Speaker of the House: 
 
 (i) One individual with expertise in creating a positive classroom 
environment; 
 
 (ii) One individual with expertise in equity in education; and 
 
 (iii) Two members of the public, appointed by the President of the 
Senate. 
 
 (E) (1) THIS SUBSECTION APPLI ES ONLY TO THE MEMBE RS APPOINTED 
UNDER SUBSECTION (D)(2), (3), AND (4) OF THIS SECTION. 
 
 (2) A MEMBER SERVES FOR A TERM OF 4 YEARS BEGINNING ON T HE 
DATE OF THE MEMBER ’S APPOINTMENT AND UN TIL A SUCCESSOR IS APPOINTED AND 
QUALIFIES. 
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 (2) (3) A MEMBER MAY NOT SERVE FOR MORE THA N TWO 
CONSECUTIVE TERMS . 
 
 (4) THE TERMS OF THE MEMB ERS ARE STAGGERED AS REQUIRED BY 
THE TERMS OF THE MEM BERS SERVING ON THE CONSORTIUM ON JULY 1, 2022.  
 
 [(e)] (F) [(1)] The [members of the Consortium shall select a chair from among 
the members] CHAIR OF THE CONSORTIUM SHALL BE A PPOINTED JOINTLY BY THE 
PRESIDENT OF THE SENATE AND THE SPEAKER OF THE HOUSE FROM AMONG THE 
MEMBERS OF THE CONSORTIUM . 
 
 (G) [(2)] (1) (i) The National Center for School Mental Health shall 
provide technical assistance. 
 
 (ii) The assistance provided under subparagraph (i) of this 
paragraph may include the creation of partnership coordinators to support the work of local 
behavioral health services coordinators appointed under § 7–447 of this subtitle. 
 
 (2) A THREE–PARTY MEMORANDUM OF UNDERSTANDING SHALL BE 
ENTERED INTO AND SIG NED BY THE CONSORTIUM , THE COMMISSION, AND THE 
NATIONAL CENTER FOR SCHOOL MENTAL HEALTH REGARDING THE PROVISION OF 
TECHNICAL ASSISTANCE . 
 
 [(f)] (H) A member of the Consortium: 
 
 (1) May not receive compensation as a member of the Consortium; but 
 
 (2) Is entitled to reimbursement for expenses under the Standard State 
Travel Regulations, as provided in the State budget. 
 
 (I) A MAJORITY OF THE APPO INTED MEMBERS THEN S ERVING ON THE 
CONSORTIUM IS A QUORUM . 
 
 [(g)] (J) The Consortium may use subcommittees, including subcommittees that 
include nonmember experts, as necessary, to meet the requirements of this section. 
 
 [(h)] (K) The Consortium shall: 
 
 (1) Develop a statewide framework for the creation of coordinated 
community supports partnerships; 
 
 (2) Ensure that community supports partnerships are structured in a 
manner that provides community services and supports in a holistic and nonstigmatized 
manner that meets behavioral health and other wraparound needs of students and is  Ch. 713 	2022 LAWS OF MARYLAND  
 
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coordinated with any other youth–serving government agencies interacting with the 
students; 
 
 (3) Develop a model for expanding available behavioral health services and 
supports to all students in each local school system through: 
 
 (i) The maximization of public funding through the Maryland 
Medical Assistance Program, including billing for Program administrative costs, or other 
public sources; 
 
 (ii) Commercial insurance participation; 
 
 (iii) The implementation of a sliding scale for services based on family 
income; and 
 
 (iv) The participation of nonprofit hospitals through community 
benefit requirements; 
 
 (4) [Develop and implement] PROVIDE GUIDANCE AND SUPPORT TO 
THE COMMISSION FOR THE PU RPOSE OF DEVELOPING AND IMPLEMENTING a grant 
program to award grants to coordinated community supports partnerships with funding 
necessary to deliver services and supports to meet the holistic behavioral health needs and 
other related challenges facing the students proposed to be served by the coordinated 
community supports partnership and that sets reasonable administrative costs for the 
coordinated community supports partnership; 
 
 (5) Evaluate how a reimbursement system could be developed through the 
Maryland Department of Health or a pri vate contractor to reimburse providers 
participating in a coordinated community supports partnership and providing services and 
supports to students who are uninsured and for the difference in commercial insurance 
payments and Maryland Medical Assistance Program fee–for–service payments; 
 
 (6) In consultation with the Department, develop best practices for the 
implementation of and related to the creation of a positive classroom environment for all 
students using evidence–based methods that recognize the disproportionality of classroom 
management referrals, including by: 
 
 (i) Creating a list of programs and classroom management practices 
that are evidence–based best practices to address student behavioral health issues in a 
classroom environment; 
 
 (ii) Evaluating relevant regulations and making recommendations 
for any necessary clarifications, as well as developing a plan to provide technical assistance 
in the implementation of the regulations by local school systems to create a positive 
classroom environment; and 
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 (iii) Developing a mechanism to ensure that all local school systems 
implement relevant regulations in a consistent manner; and 
 
 (7) Develop a geographically diverse plan that uses both school–based 
behavioral health services and coordinated community supports partnerships to ensure 
that each student in each local school system has access to services and supports that meet 
the student’s behavioral health needs and related challenges within a 1–hour drive of a 
student’s residence. 
 
 [(i)] (L) A coordinated community supports partnership shall provide systemic 
services to students in a manner that is: 
 
 (1) Community–based; 
 
 (2) Family–driven and youth–guided; and 
 
 (3) Culturally competent and that provides access to high –quality, 
acceptable services for culturally diverse populations. 
 
 [(j)] (M) (1) The Consortium, in consultation with the National Center on 
School Mental Health, shall develop accountability metrics that may be used to 
demonstrate whether the services and supports provided through a coordinated community 
supports partnership that receives a grant from the [Consortium] COMMISSION are 
positively impacting the students served by the coordinated community supports 
partnership, their families, and the community, including metrics that would measure: 
 
 (i) Whether there have been any: 
 
 1. Increase in services provided; 
 
 2. Reductions in absenteeism; 
 
 3. Repeat referrals to the coordinated community supports 
partnership; 
 
 4. Reduction in interactions of the students with 
youth–serving agencies; and 
 
 5. Increase in funding through federal, local, and private 
sources; and 
 
 (ii) Any other identifiable data sets that would demonstrate whether 
a coordinated community supports partnership is successfully meeting the behavioral 
health needs of students. 
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 (2) The development of the metrics under paragraph (1) of this subsection 
shall be coordinated with the Maryland Longitudinal Data System Center and the 
Accountability and Implementation Board, established under § 5–402 of this article, to 
ensure consistency with other data collection efforts. 
 
 [(k)] (N) Beginning in fiscal year 2025 and each fiscal year thereafter, the 
Consortium shall use the accountability metrics developed under subsection [(j)] (M) of this 
section to develop best practices to be used by a coordinated community supports 
partnership in the delivery of supports and services and the maximization of federal, local, 
and private funding. 
 
 [(l)] (O) Notwithstanding any other provision of law, a nonprofit hospital that 
receives funding for coordinating or participating in a coordinated community supports 
partnership may include the value of services provided through the coordinated community 
supports partnership towards meeting community benefit requirements under § 19–303 of 
the Health – General Article. 
 
 [(m)] (P) (1) In this subsection, “Fund” means the Coordinated Community 
Supports Partnership Fund. 
 
 (2) There is a Coordinated Community Supports Partnership Fund. 
 
 (3) The purpose of the Fund is to support the delivery of services and 
supports provided to students to meet their holistic behavioral health needs and address 
other related challenges. 
 
 (4) The [Department] COMMISSION shall administer the Fund AND THE 
PROVISION OF GRANTS UNDER THE FUND. 
 
 (5) (i) The Fund is a special, nonlapsing fund that is not subject to §  
7–302 of the State Finance and Procurement Article. 
 
 (ii) The State Treasurer shall hold the Fund separately, and the 
Comptroller shall account for the Fund. 
 
 (6) The Fund consists of: 
 
 (i) Money appropriated in the State budget to the Fund; 
 
 (ii) Interest earnings; and 
 
 (iii) Any other money from any other source accepted for the benefit 
of the Fund. 
 
 (7) The Fund may be used only by the [Consortium] COMMISSION for:   LAWRENCE J. HOGAN, JR., Governor Ch. 713 
 
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 (i) Providing reimbursement, under a memorandum of 
understanding, to the National Center for School Mental Health and other technical 
assistance providers to support the work of the Consortium; 
 
 (ii) Providing grants to coordinated community supports 
partnerships to deliver services and supports to meet students’ holistic behavioral health 
needs and to address other related challenges; and 
 
 (iii) Paying any associated administrative costs. 
 
 (8) The Governor shall include in the annual budget bill the following 
appropriations for the Fund: 
 
 (i) $25,000,000 in fiscal year 2022; 
 
 (ii) $50,000,000 in fiscal year 2023; 
 
 (iii) $75,000,000 $85,000,000 in fiscal year 2024; 
 
 (iv) $100,000,000 $110,000,000 in fiscal year 2025; and 
 
 (v) $125,000,000 $130,000,000 in fiscal year 2026 and each fiscal 
year thereafter. 
 
 (9) (i) The State Treasurer shall invest the money of the Fund in the 
same manner as other State money may be invested. 
 
 (ii) Any interest earnings of the Fund shall be credited to the Fund. 
 
 (10) Expenditures from the Fund may be made only in accordance with the 
State budget. 
 
 [(n)] (Q) (1) Any grant funding or local school system implementation 
assistance provided under this section through the [Consortium] COMMISSION and 
coordinated community supports partnerships shall be supplemental to, and may not 
supplant, existing funding provided as of fiscal year 2022 to local school systems through 
local government expenditures or local school system expenditures, or other funding 
sources, for school–based behavioral health personnel, services, supports, or other  
school–based behavioral health purposes. 
 
 (2) THE STATE FUNDING PROVIDE D UNDER THE FUND IS 
SUPPLEMENTAL TO AND NOT INTENDED TO TAKE THE PLACE OF FUNDING THAT 
WOULD OTHERWISE BE A PPROPRIATED TO THE MARYLAND COMMUNITY HEALTH 
RESOURCES COMMISSION FUND IN THE STATE BUDGET . 
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 [(o)] (R) Beginning on July 1, 2022, and each July 1 thereafter, the Consortium 
shall submit to the Accountability and Implementation Board, the Governor, and, in 
accordance with § 2–1257 of the State Government Article, the General Assembly, a report 
on: 
 
 (1) The activities of the Consortium; 
 
 (2) The creation of coordinated community supports partnerships and the 
area served by each partnership; 
 
 (3) Grants awarded to coordinated community supports partnerships; and 
 
 (4) All other activities of the Consortium to carry out the requirements of 
this section. 
 
 (S) THE COMMISSION MAY ADOPT RULES AND REGULATION S TO CARRY OUT 
THIS SECTION. 
 
 SECTION 2. AND BE IT FURTHER ENACTED, That the terms of the initial 
members of the Maryland Consortium on Coordinated Community Supports shall expire 
as follows: 
 
 (1) in 2024: 
 
 (i) four members appointed under § 7–447.1(d)(2) of the Education 
Article, as enacted by Section 1 of this Act; and 
 
 (ii) one member appointed under § 7–447.1(d)(4) of the Education 
Article, as enacted by Section 1 of this Act; 
 
 (2) in 2025: 
 
 (i) two members appointed under § 7–447.1(d)(2) of the Education 
Article, as enacted by Section 1 of this Act; 
 
 (ii) two members appointed under § 7–447.1(d)(3) of the Education 
Article, as enacted by Section 1 of this Act; and 
 
 (iii) one member appointed under § 7–447.1(d)(4) of the Education 
Article, as enacted by Section 1 of this Act; and 
 
 (3) in 2026: 
 
 (i) three members appointed under § 7–447.1(d)(2) of the Education 
Article, as enacted by Section 1 of this Act; 
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 (ii) one member appointed under § 7–447.1(d)(3) of the Education 
Article, as enacted by Section 1 of this Act; and 
 
 (iii) two members appointed under § 7–447.1(d)(4) of the Education 
Article, as enacted by Section 1 of this Act. 
 
 SECTION 3. AND BE IT FURTHER ENACTED, That, notwithstanding the 
provisions of § 7–447.1(r) of the Education Article, as enacted by Section 1 of this Act, the 
Maryland Consortium on Coordinated Community Supports shall submit its initial report 
to the Accountability and Implementation Board, the Governor, and, in accordance with § 
2–1257 of the State Government Article, the General Assembly on or before December 1, 
2022.  
 
 SECTION 2. 4. AND BE IT FURTHER ENACTED, That this Act shall take effect 
October July 1, 2022.  
 
Enacted under Article II, § 17(c) of the Maryland Constitution, May 29, 2022.