EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0863*
SENATE BILL 863
J1 2lr1890
CF HB 981
By: Senator McCray
Introduced and read first time: February 7, 2022
Assigned to: Finance
A BILL ENTITLED
AN ACT concerning 1
Maryland Medical Assistance Program – Personal Care Aides – Reimbursement 2
and Required Wage 3
FOR the purpose of requiring the Maryland Medical Assistance Program to increase the 4
reimbursement rate for Program long–term services and supports by a certain 5
percentage; requiring a provider agency to pay a certain minimum wage to certain 6
personal care aides; requiring a provider agency to submit certain cost reports to the 7
Maryland Department of Health; authorizing the Department to take certain 8
enforcement actions; and generally relating to personal care services reimbursed by 9
the Maryland Medical Assistance Program. 10
BY adding to 11
Article – Health – General 12
Section 15–150 13
Annotated Code of Maryland 14
(2019 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 – Health – General 18
15–150. 19
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 20
INDICATED. 21
(2) “PERSONAL CARE AIDE ” MEANS AN INDIVIDUAL WHO PROVI DES 22
PERSONAL CARE AS DEF INED IN § 19–301 OF THIS ARTICLE. 23
2 SENATE BILL 863
(3) “PROVIDER AGENCY ” MEANS AN ENTITY THAT PAYS PERSONAL 1
CARE AIDES TO PROVID E LONG–TERM SERVICES AND SU PPORTS THAT ARE 2
REIMBURSABLE BY THE PROGRAM. 3
(B) ON OR BEFORE JULY 1, 2023, THE DEPARTMENT SHALL INCR EASE THE 4
REIMBURSEMENT RATE F OR PERSONAL CARE SER VICES PROVIDED UNDER THE 5
PROGRAM’S LONG–TERM SERVICES AND SU PPORTS BY 15%. 6
(C) (1) ON OR BEFORE JULY 1, 2023, A PROVIDER AGENCY SH ALL BEGIN 7
TO PAY A PERSONAL CA RE AIDE WHO PROVIDES LONG TERM S ERVICES AND 8
SUPPORTS A WAGE RATE OF AT LEAST $16 PER HOUR. 9
(2) A PROVIDER AGENCY SHAL L PROVIDE NOTICE TO EACH 10
PERSONAL CARE AIDE P AID BY THE AGENCY TO PROVIDE LONG –TERM SERVICES 11
AND SUPPORTS OF THE DAY ON WHICH THE WAG E REQUIRED UNDE R PARAGRAPH 12
(1) OF THIS SUBSECTION W ILL TAKE EFFECT AND THE RATE THAT THE PE RSONAL 13
CARE AIDE WILL BE PA ID FOLLOWING THE WAG E INCREASE. 14
(3) THE DEPARTMENT SHALL DEVE LOP A PROCESS FOR A PERSONAL 15
CARE AIDE TO REPORT A PROVIDER AGENCY ’S FAILURE TO COMPLY WITH THE WAGE 16
RATE REQUIRED UNDER PARAGRAPH (1) OF THIS SUBSECTION . 17
(D) (1) EACH YEAR, A PROVIDER AGENCY SH ALL SUBMIT A COST RE PORT 18
IN THE FORM AND MANN ER REQUIRED BY THE DEPARTMENT . 19
(2) THE ANNUAL COST REPOR T REQUIRED UNDER PAR AGRAPH (1) OF 20
THIS SUBSECTION SHALL INCLUDE : 21
(I) DOCUMENTATION OF THE PROVIDER AGENCY ’S 22
COMPLIANCE WITH THE WAGE RATE ESTABLISHE D UNDER SUBSECTION (C)(1) OF 23
THIS SECTION; 24
(II) DOCUMENTATION OF THE PROVIDER AGENCY ’S 25
COMPLIANCE WITH THE NOTICE REQUIREMENT U NDER SUBSECTION (C)(2) OF THIS 26
SECTION FOR EACH PER SONAL CARE AIDE EMPL OYED BY THE PROVIDER AGENCY; 27
AND 28
(III) THE SIGNATURE OF AN A UTHORIZED REPRESENTA TIVE OF 29
THE PROVIDER AGENCY , SIGNED UNDER PENALTY OF PERJURY. 30
(3) ON OR BEFORE SEPTEMBER 1 EACH YEAR, BEGINNING IN 2023, A 31
PROVIDER AGENCY SHAL L SUBMIT TO THE DEPARTMENT THE REPORT REQUIRED 32
UNDER PARAGRAPH (1) OF THIS SUBSECTION . 33 SENATE BILL 863 3
(E) (1) THE DEPARTMENT MAY TAKE A PPROPRIATE ENFORCEME NT 1
ACTION AGAINST A PRO VIDER AGENCY IF THE PROVIDER AGENCY : 2
(I) FAILS TO SUBMIT A COST REPORT AS REQUI RED; 3
(II) SUBMITS AN INACCURATE , INCOMPLETE , OR INVALID COST 4
REPORT; OR 5
(III) FAILS TO PAY A PERSON AL CARE AIDE THE AMO UNT 6
REQUIRED UNDER SUBSE CTION (C)(1) OF THIS SECTION. 7
(2) APPROPRIATE ENFORCEME NT ACTION MAY INCLUD E: 8
(I) RECOUPMENT BY THE DEPARTMENT OF FUNDING 9
RESULTING FROM THE R EIMBURSEMENT RATE IN CREASE UNDER SUBSECT ION (B) 10
OF THIS SECTION; 11
(II) IMPOSITION OF A CORRE CTIVE ACTION PLAN ; 12
(III) SUSPENSION OR TERMINA TION FROM THE PROGRAM; AND 13
(IV) TERMINATION OF LICENS URE. 14
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 15
October 1, 2022. 16