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. Italics indicate opposite chamber/conference committee amendments. *hb0111* HOUSE BILL 111 O1, C5, J1 (3lr0449) ENROLLED BILL — Health and Government Operations/Finance — Introduced by Delegate Charkoudian Delegates Charkoudian, Pena–Melnyk, Cullison, Alston, Bagnall, Bhandari, Guzzone, Hill, S. Johnson, Kaiser, Kerr, R. Lewis, Lopez, Martinez, Rosenberg, Taveras, White, and Woods Read and Examined by Proofreaders: _______________________________________________ Proofreader. _______________________________________________ Proofreader. Sealed with the Great Seal and presented to the Governor, for his approval this _______ day of _______________ at ________________________ o’clock, ________M. ______________________________________________ Speaker. CHAPTER ______ AN ACT concerning 1 Maryland Medical Assistance Program , and, Maryland Children’s Health 2 Program, and Social Services Programs – Eligibility and Enrollment, and 3 Workgroup on Low–Income Utility Assistance 4 FOR the purpose of requiring the Maryland Department of Health to establish an Express 5 Lane Eligibility Program to enroll individuals, based on certain eligibility, in the 6 Maryland Medical Assistance Program and the Maryland Children’s Health 7 Program; requiring the Workgroup on Low–Income Utility Assistance to submit a 8 final report to certain committees of the General Assembly on or before a certain date 9 with certain recommendations; requiring the Department of Human Services to 10 enroll individuals, based on certain eligibility, in the Supplemental Nutrition 11 Assistance Program; requiring the Office of Home Energy Programs to enroll 12 individuals, based on certain eligibility, in certain Office of Home Energy Programs 13 2 HOUSE BILL 111 assistance programs; altering the eligibility requirements for the electric universal 1 service program; and generally relating to eligibility for and enrollment in the 2 Maryland Medical Assistance Program and, social services programs the Maryland 3 Children’s Health Program, and the Workgroup on Low–Income Utility Assistance. 4 BY repealing and reenacting, without amendments, 5 Article – Health – General 6 Section 15–103(a)(1) 7 Annotated Code of Maryland 8 (2019 Replacement Volume and 2022 Supplement) 9 BY adding to 10 Article – Health – General 11 Section 15–103(a)(5) 12 Annotated Code of Maryland 13 (2019 Replacement Volume and 2022 Supplement) 14 BY repealing and reenacting, with amendments, 15 Article – Human Services 16 Section 5–501 and 5–5A–07 17 Annotated Code of Maryland 18 (2019 Replacement Volume and 2022 Supplement) 19 BY repealing and reenacting, without amendments, 20 Article – Human Services 21 Section 5–5A–01(a) and (d) 22 Annotated Code of Maryland 23 (2019 Replacement Volume and 2022 Supplement) 24 BY repealing and reenacting, with amendments, 25 Article – Public Utilities 26 Section 7–512.1(a)(1) 27 Annotated Code of Maryland 28 (2020 Replacement Volume and 2022 Supplement) 29 BY repealing and reenacting, without amendments, 30 Chapter 638 of the Acts of the General Assembly of 2021 31 Section 3(a) 32 BY repealing and reenacting, with amendments, 33 Chapter 638 of the Acts of the General Assembly of 2021 34 Section 3(g) 35 BY repealing and reenacting, without amendments, 36 Chapter 639 of the Acts of the General Assembly of 2021 37 Section 3(a) 38 HOUSE BILL 111 3 BY repealing and reenacting, with amendments, 1 Chapter 639 of the Acts of the General Assembly of 2021 2 Section 3(g) 3 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 4 That the Laws of Maryland read as follows: 5 Article – Health – General 6 15–103. 7 (a) (1) The Secretary shall administer the Maryland Medical Assistance 8 Program. 9 (5) ON OR BEFORE JANUARY 1, 2025, SUBJECT TO THE LIMIT ATIONS 10 OF THE STATE BUDGET, AND AS PERMITTED BY FEDERAL LAW , THE DEPARTMENT : 11 (I) SHALL ESTABLISH AN EXPRESS LANE ELIGIBILITY 12 PROGRAM TO ENROL L INDIVIDUALS IN THE MARYLAND MEDICAL ASSISTANCE 13 PROGRAM AND MARYLAND CHILDREN’S HEALTH PROGRAM BASED ON ELIG IBILITY 14 FINDINGS BY THE SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM; 15 (II) MAY NOT CONSIDER ANY OTHER INCOME OR ELIG IBILITY 16 REQUIREMENTS ; 17 (III) TO THE EXTENT THAT A WAIVER IS NEEDED TO MAXIMIZE 18 THE NUMBER OF STATE RESIDENTS WHO M AY QUALIFY FOR THE EXPRESS LANE 19 ELIGIBILITY PROGRAM, SHALL APPLY TO THE CENTERS FOR MEDICARE AND 20 MEDICAID SERVICES FOR A WAIVER ONE OR MORE WAIVERS UNDER § 1115 OF THE 21 FEDERAL SOCIAL SECURITY ACT TO IMPLEMENT THE EXPRESS LANE ELIGIBILITY 22 PROGRAM; AND 23 (IV) SHALL MAKE ALL REASON ABLE EFFORTS TO EXPE DITE 24 ENROLLMENT OF ELIGIB LE INDIVIDUALS IN TH E EXPRESS LANE ELIGIBILITY 25 PROGRAM, PROVIDED THAT THE DEPARTMENT MAY PROPOSE OR IMPLEMENT THE 26 USE OF EXPRESS LANE ELIGIBILITY FOR RENEW ALS BEFORE PROPOSING OR 27 IMPLEMENTING THE USE OF EXPRESS LANE ELIGIBILITY FOR INITI AL 28 ENROLLMENT . 29 Article – Human Services 30 5–501. 31 (a) (1) The Department may implement a Supplemental Nutrition Assistance 32 Program in accordance with the federal Supplemental Nutrition Assistance Program. 33 4 HOUSE BILL 111 (2) The Supplemental Nutrition Assistance Program shall include: 1 (i) a Restaurant Meals Program in accordance with § 5–505 of this 2 subtitle; and 3 (ii) a Heat and Eat Program in accordance with § 5–506 of this 4 subtitle. 5 (b) The State shall bear the nonfederal portion of the administrative costs of the 6 Supplemental Nutrition Assistance Program for each county. 7 (c) Each local department shall admin ister the Supplemental Nutrition 8 Assistance Program: 9 (1) under the supervision and control of the Department; and 10 (2) in accordance with the regulations of the Department and federal law. 11 (d) If a household includes an individual who is at least 62 years old and receives 12 a federally funded benefit in an amount less than $40 per month under the Supplemental 13 Nutrition Assistance Program, the State shall provide a supplement to increase the total 14 benefit to $40 per month. 15 (E) THE DEPARTMENT SHALL ENR OLL IN THE SUPPLEMENTAL NUTRITION 16 ASSISTANCE PROGRAM ANY INDIVIDUA L WHO MEETS THE FINA NCIAL ELIGIBILITY 17 REQUIREMENTS ESTABLI SHED BY THE DEPARTMENT FOR A RECI PIENT OF 18 SUPPLEMENTAL SECURITY INCOME. 19 5–5A–01. 20 (a) In this subtitle the following words have the meanings indicated. 21 (d) “Office” means the Office of Home Energy Programs. 22 5–5A–07. 23 (a) (1) The Office shall: 24 (i) carry out an energy emergency crisis intervention program to 25 prevent low–income households, including the near poor, the elderly, households with 26 children, and those on fixed incomes from experiencing danger to health or survival as a 27 result of an energy emergency; 28 (ii) establish intake procedures for those experiencing an energy 29 emergency; 30 HOUSE BILL 111 5 (iii) establish guidelines for the income and program eligibility of 1 applicants; and 2 (iv) identify local public or private agencies to administer the crisis 3 intervention program. 4 (2) (i) The Office shall make payments to fuel vendors and utility 5 vendors that have provided service to persons qualifying for the crisis intervention 6 program. 7 (ii) The amount of assistance shall be based on need. 8 (b) (1) The Office shall carry out one or more fuel and utility assistance 9 programs to make payments on behalf of qualified households to defray fuel and utility 10 costs. 11 (2) (I) The Office shall determine program and income eligibility 12 guidelines. 13 (II) THE OFFICE SHALL ENROLL I N ANY FUEL AND UTILI TY 14 ASSISTANCE PROGRAM A NY INDIVIDUAL WHO ME ETS THE FINANCIAL EL IGIBILITY 15 REQUIREMENTS ESTABLISHED BY THE DEPARTMENT FOR A RECI PIENT OF: 16 1. THE SUPPLEMENTAL NUTRITION ASSISTANCE 17 PROGRAM; 18 2. TEMPORARY ASSISTANCE FOR NEEDY FAMILIES; 19 3. SUPPLEMENTAL SECURITY INCOME; OR 20 4. MEANS–TESTED VETERANS AFFAIRS BENEFITS . 21 (3) The amount of assistance shall be based on need. 22 (c) For fiscal year 2023 only, the Governor shall appropriate to the Office an 23 amount equal to the unexpended appropriation to the Office for fiscal year 2021 funding 24 that was included in Supplemental Budget No. 5. 25 Article – Public Utilities 26 7–512.1. 27 (a) (1) The Commission shall establish an electric universal service program 28 to assist electric customers with annual incomes[: 29 6 HOUSE BILL 111 (i) at or below 175% of the federal poverty level; or 1 (ii) for a customer at least 67 years of age,] at or below 200% of the 2 federal poverty level. 3 Chapter 638 of the Acts of 2021 4 SECTION 3. AND BE IT FURTHER ENACTED, That: 5 (a) There is a Workgroup on Low–Income Utility Assistance. 6 (g) (1) The Workgroup shall submit [a] AN INITIAL report of the study, 7 findings, and recommendations, including recommended legislation and regulatory 8 changes, to the Senate Finance Committee and the House Economic Matters Committee, in 9 accordance with § 2–1257 of the State Government Article, on or before January 1, 2022. 10 (2) THE WORKGROUP SHALL SUBMI T A FINAL REPORT OF THE STUDY, 11 FINDINGS, AND RECOMMENDATIONS , INCLUDING RECOMMENDE D LEGISLATION AND 12 REGULATORY CHANGES , TO THE SENATE FINANCE COMMITTEE AND THE HOUSE 13 ECONOMIC MATTERS COMMITTEE, IN ACCORDANCE WITH § 2–1257 OF THE STATE 14 GOVERNMENT ARTICLE, ON OR BEFORE JANUARY 1, 2024. 15 Chapter 639 of the Acts of 2021 16 SECTION 3. AND BE IT FURTHER ENACTED, That: 17 (a) There is a Workgroup on Low–Income Utility Assistance. 18 (g) (1) The Workgroup shall submit [a] AN INITIAL report of the study, 19 findings, and recommendations, including recommended legislation and regulatory 20 changes, to the Senate Finance Committee and the House Economic Matters Committee, in 21 accordance with § 2–1257 of the State Government Article, on or before January 1, 2022. 22 (2) THE WORKGROUP SHALL SUBMI T A FINAL REPORT OF THE STUDY, 23 FINDINGS, AND RECOMMENDATIONS , INCLUDING RECOMMENDE D LEGISLATION AND 24 REGULATORY CHANGES , TO THE SENATE FINANCE COMMITTEE AND THE HOUSE 25 ECONOMIC MATTERS COMMITTEE, IN ACCORDANCE WITH § 2–1257 OF THE STATE 26 GOVERNMENT ARTICLE, ON OR BEFORE JANUARY 1, 2024. 27 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 28 October 1, 2023. 29