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. *hb0214* HOUSE BILL 214 J1 3lr0363 CF SB 281 By: Delegates Kelly, Pena–Melnyk, Alston, Bagnall, Cullison, Guzzone, Hill, S. Johnson, Kaiser, Kerr, R. Lewis, Lopez, Taveras, White, and Woods Woods, Bhandari, and Rosenberg Introduced and read first time: January 20, 2023 Assigned to: Health and Government Operations Committee Report: Favorable with amendments House action: Adopted Read second time: February 14, 2023 CHAPTER ______ AN ACT concerning 1 Commission on Public Health – Establishment 2 FOR the purpose of establishing the Commission on Public Health to make 3 recommendations to improve the delivery of foundational public health services in 4 the State; requiring the Commission to conduct a certain assessment on or before a 5 certain date; and generally relating to the Commission on Public Health. 6 BY adding to 7 Article – Health – General 8 Section 13–4801 through 13–4807 to be under the new subtitle “Subtitle 48. 9 Commission on Public Health” 10 Annotated Code of Maryland 11 (2019 Replacement Volume and 2022 Supplement) 12 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13 That the Laws of Maryland read as follows: 14 Article – Health – General 15 SUBTITLE 48. COMMISSION ON PUBLIC HEALTH. 16 13–4801. 17 2 HOUSE BILL 214 (A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 1 INDICATED. 2 (B) “COMMISSION” MEANS THE COMMISSION ON PUBLIC HEALTH. 3 (C) “FOUNDATIONAL PUBLIC H EALTH SERVICES ” INCLUDES: 4 (1) THE FOLLOWING FOUNDAT IONAL AREAS: 5 (I) COMMUNICABLE DISEASE CONTROL; 6 (II) CHRONIC DISEASE AND I NJURY PREVENTION ; 7 (III) ENVIRONMENTAL PUBLIC HEALTH; 8 (IV) MATERNAL, CHILD, AND FAMILY HEALTH ; AND 9 (V) ACCESS TO AND LINKAGE WITH CLINICAL CARE ; AND 10 (2) THE FOLLOWING FOUNDAT IONAL CAPABILITIES : 11 (I) ASSESSMENT AND SURVEI LLANCE; 12 (II) COMMUNITY PARTNERSHIP DEVELOPMENT ; 13 (III) EQUITY; 14 (IV) ORGANIZATIONAL COMPET ENCIES; 15 (V) POLICY DEVELOPMENT AN D SUPPORT; 16 (VI) ACCOUNTABILITY AND PE RFORMANCE MANAGEMENT ; 17 (VII) EMERGENCY PREPAREDNES S AND RESPONSE ; AND 18 (VIII) COMMUNICATIONS . 19 13–4802. 20 THERE IS A COMMISSION ON PUBLIC HEALTH. 21 13–4803. 22 (A) THE COMMISSION CONSISTS O F THE FOLLOWING MEMB ERS: 23 HOUSE BILL 214 3 (1) THE DEPUTY SECRETARY FOR PUBLIC HEALTH, OR THE DEPUTY 1 SECRETARY’S DESIGNEE; 2 (2) THE DEPUTY SECRETARY FOR BEHAVIORAL HEALTH, OR THE 3 DEPUTY SECRETARY’S DESIGNEE; 4 (3) THE DIRECTOR OF THE OFFICE OF MINORITY HEALTH AND 5 HEALTH DISPARITIES, OR THE DIRECTOR’S DESIGNEE; 6 (4) THE EXECUTIVE DIRECTOR OF THE MARYLAND HEALTH CARE 7 COMMISSION, OR THE EXECUTIVE DIRECTOR’S DESIGNEE; 8 (5) THE EXECUTIVE DIRECTOR OF THE HEALTH SERVICES COST 9 REVIEW COMMISSION, OR THE EXECUTIVE DIRECTOR’S DESIGNEE; AND 10 (6) THE FOLLOWING MEMBERS , APPOINTED BY THE GOVERNOR: 11 (I) TWO THREE LOCAL HEALTH OFFICER S OF WHOM: 12 1. ONE SHALL BE FROM A RURAL JURISDI CTION; 13 2. ONE SHALL BE FROM A S UBURBAN JURISDICTION ; 14 AND 15 3. ONE SHALL BE FROM AN URBAN JURISDICTION ; 16 (II) TWO REPRESENTATIVES F ROM STATE ACADEMIC 17 INSTITUTIONS WITH EX PERTISE IN PUBLIC HE ALTH SYSTEMS ; 18 (III) A FACULTY MEMBER FROM A PUBLIC HEALTH PROG RAM AT 19 A HISTORICALLY BLACK COLLEGE OR UNIV ERSITY; AND 20 (IV) A STATE RESIDENT WITH E XPERTISE IN PUBLIC H EALTH 21 INFORMATION TECHNOLO GY; 22 (V) A STATE RESIDENT WITH E XPERTISE IN THE PUBL IC 23 HEALTH WORKFORCE ; 24 (VI) A STATE RESIDENT WITH E XPERTISE IN HEALTH E QUITY; 25 (VII) A STATE RESIDENT WITH E XPERIENCE AS A SAFET Y NET 26 PROVIDER; 27 4 HOUSE BILL 214 (VIII) A STATE BUSINESS LEADER WITH DEMONSTRATED 1 EXPERTISE IN IMPROVI NG POPULATION HEALTH IN ALL JURISDICTIONS IN THE 2 STATE; 3 (IX) A CHIEF EXECUTIVE OFFI CER OF A HOSPITAL LO CATED IN 4 THE STATE; 5 (X) A CONSUMER HEALTH ADVO CATE IN THE STATE; AND 6 (XI) A HEALTH CARE PROFESSI ONAL LICENSED IN THE STATE. 7 (IV) AT LEAST THREE BUT NO T MORE THAN FIVE MEM BERS OF 8 THE PUBLIC WITH DEMONSTRATED INTERES T IN PUBLIC HEALTH A ND EXPERIENCE 9 IN AT LEAST ONE OF T HE FOLLOWING AREAS : 10 1. HEALTH EQUITY; 11 2. INFORMATION TECHNOLOG Y; 12 3. WORKFORCE; AND 13 4. POPULATION HEALTH . 14 (B) IN PERFORMING THE DUT IES OF THE COMMISSION, THE COMMISSION 15 SHALL CONSULT WITH , AS APPROPRIATE AND N ECESSARY: 16 (1) THE MARYLAND HEALTH CARE COMMISSION; 17 (2) THE HEALTH SERVICES COST REVIEW COMMISSION; 18 (3) THE MARYLAND COMMUNITY HEALTH RESOURCES 19 COMMISSION; 20 (4) THE DEPARTMENT OF BUDGET AND MANAGEMENT; 21 (5) THE DEPARTMENT OF GENERAL SERVICES; 22 (6) THE MARYLAND DEPARTMENT OF DISABILITIES; 23 (7) THE STATE–DESIGNATED HEALTH DA TA UTILITY; AND 24 (8) ANY OTHER STATE AGENCY AS APPRO PRIATE. 25 (C) (1) THE COMMISSION SHALL ESTA BLISH THE FOLLOWING 26 WORKGROUPS : 27 HOUSE BILL 214 5 (I) FUNDING; 1 (II) GOVERNANCE AND ORGANI ZATIONAL CAPABILITIE S; 2 (III) WORKFORCE; 3 (IV) DATA AND INFORMATION TECHNOLOGY ; AND 4 (V) COMMUNICATION AND PUB LIC ENGAGEMENT . 5 (2) EACH WORKGROUP ESTABL ISHED UNDER PARAGRAP H (1) OF 6 THIS SUBSECTION SHALL INC LUDE: 7 (I) TWO MEMBERS OF THE COMMISSION; AND 8 (II) MEMBERS OF THE PUBLIC WITH RELEVANT EXPERI ENCE IN 9 THE SUBJECT MATTER O F THE WORKGROUP WHO MAY INCLUDE: 10 1. PRIMARY AND SPECIALTY CARE PRACTITIONERS ; 11 2. PAYORS; 12 3. CONSUMER ADVOCATES ; 13 4. HOSPITAL EXECUTIVES ; 14 5. SAFETY NET HEALTH CAR E PROVIDERS; 15 6. PUBLIC HEALTH PRACTIT IONERS; AND 16 7. COMMUNITY–BASED ORGANIZATIONS . 17 (3) THE PURPOSE OF THE WO RKGROUPS ESTABLISHED UNDER 18 PARAGRAPH (1) OF THIS SUBSECTI ON IS TO FOSTER BROA D ENGAGEMENT AND 19 PROVIDE EXPERTISE FO R THE PURPOSE OF INF ORMING THE WORK AND 20 RECOMMENDATIONS OF T HE COMMISSION. 21 (D) TO THE EXTENT PRACTIC ABLE AND CONSISTENT WITH FEDERAL AND 22 STATE LAW , THE MEMBERSHIP OF TH E COMMISSION AND WORKGR OUPS 23 ESTABLISHED UNDER THI S SECTION SHALL REFL ECT THE RACIAL , ETHNIC, AND 24 GENDER DIVERSITY OF THE STATE. 25 6 HOUSE BILL 214 (B) (E) THE MEMBERS OF THE COMMISSION APPOINTED UNDER 1 SUBSECTION (A)(6)(II) (A)(4)(II) OF THIS SECTION SHAL L COCHAIR THE 2 COMMISSION. 3 (C) (F) A MEMBER OF THE COMMISSION: 4 (1) MAY NOT RECEIVE COMPE NSATION AS A MEMBER OF THE 5 COMMISSION; BUT 6 (2) IS ENTITLED TO REIMBU RSEMENT FOR EXPENSES UNDER THE 7 STANDARD STATE TRAVEL REGULATIONS, AS PROVIDED IN THE STATE BUDGET . 8 13–4804. 9 THE ACADEMIC INSTITUT IONS REPRESENTED BY THE COCH AIRS OF THE 10 COMMISSION SHALL PROV IDE STAFF SUPPORT FO R THE COMMISSION. 11 13–4805. 12 THE PURPOSE OF THE COMMISSION IS TO MAKE RECOMMENDATIONS TO 13 IMPROVE THE DELIVERY OF FOUNDATIONAL PUBL IC HEALTH SERVICES I N THE 14 STATE. 15 13–4806. 16 (A) ON OR BEFORE OCTOBER 1, 2024, THE THE COMMISSION SHALL ASSE SS 17 THE CAPABILITY FOUNDATIONAL PUBLIC HEALTH CAPABILITIES OF THE 18 DEPARTMENT AND LOCAL HEALTH DEPARTMENTS I N THE STATE TO PROVIDE 19 FOUNDATIONAL PUBLIC HEALTH SERVICES TO A LL RESIDENTS OF THE STATE. 20 (B) (1) IN CONDUCTING THE ASS ESSMENT REQUIRED UND ER 21 SUBSECTION (A) OF THIS SECTION, THE COMMISSION SHALL : 22 (I) CONSIDER THE FOLLOWIN G FACTORS: 23 1. THE STATE’S RESPONSE TO COVID–19; 24 2. THE STATE’S RESPONSE TO OVERDO SE DEATHS; 25 3. RACIAL AND ETHNIC DISPARITIES I N MATERNAL 26 MORTALITY AND BIRTH OUTCOMES IN THE STATE; AND 27 4. SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , 28 ANY OTHER FACTORS CO NSIDERED APPROPRIATE BY THE COMMISSION; AND 29 HOUSE BILL 214 7 (II) HOLD AT LEAST THREE P UBLIC MEETINGS IN DI FFERENT 1 AREAS OF THE STATE THAT INCLUDE AN OPPORTUNITY FOR PUBL IC COMMENT. 2 (2) THE COMMISSION MAY NOT CO NSIDER MORE THAN THR EE 3 ADDITIONAL FACTORS U NDER PARAGRAPH (1)(I)4 OF THIS SUBSECTION . 4 (I) EXPLAIN THE IMPACT OF THE FOUNDATIONAL PUB LIC 5 HEALTH CAPABILITI ES ON THE STATE’S ABILITY TO ADDRESS FOUNDATIONAL 6 PUBLIC HEALTH AREAS , INCLUDING AS THE FOU NDATIONAL PUBLIC HEA LTH AREAS 7 RELATE TO BEHAVIORAL HEALTH; 8 (II) EXPLAIN THE IMPACT OF THE FOUNDATIONAL PUB LIC 9 HEALTH CAPABILITIES ON THE STATE’S ABILITY TO RESPO ND TO COVID–19, 10 OVERDOSES, MATERNAL AND INFANT MORTALITY, AND OTHER MAJOR PUBL IC 11 HEALTH CHALLENGES AS APPROPRIATE ; AND 12 (III) PROVIDE PUBLIC OUTREA CH TO HOLD AT LEAST THREE 13 PUBLIC MEETINGS IN D IFFERENT AREAS OF TH E STATE THAT INCLUDE AN 14 OPPORTUNITY FOR PUBLIC COMMENT . 15 (3) (2) IN CONDUCTING THE ASS ESSMENT REQUIRED UND ER 16 SUBSECTION (A) OF THIS SECTION, THE COMMISSION MAY : 17 (I) REQUEST AND OBTAIN DA TA FROM THE DEPARTMENT , 18 LOCAL HEALTH DEPARTM ENTS, AND THE STATE–DESIGNATED HEALTH 19 INFORMATION EXCHANGE ; DATA UTILITY; AND 20 (II) REQUEST INTERVIEWS WI TH STATE AND LOCAL HEALT H 21 OFFICIALS; AND 22 (III) FORM WORKGROUPS . 23 (C) (1) BASED ON THE ASSESSME NT CONDUCTED UNDER S UBSECTION (A) 24 OF THIS SECTION , THE COMMISSION SHALL MAKE RECOMMENDATIONS FOR 25 REFORM IN THE FOLLOWING AREAS : 26 (I) ORGANIZATION OF STATE AND LOCAL PUBLI C HEALTH 27 DEPARTMENTS ; 28 (II) INFORMATION TECHNOLOG Y, INFORMATION EXCHANGE , 29 AND DATA AND ANALYTI CS; 30 (III) WORKFORCE, INCLUDING HUMAN RESO URCES AND USE OF 31 THE MEDICAL RESERVE CORPS FOR PUBLIC HEALTH ; 32 8 HOUSE BILL 214 (IV) PROCUREMENT , INCLUDING OVERSIGHT OF 1 CONTRACTORS ; 2 (V) FUNDING; AND 3 (VI) COMMUNICATION AND PUB LIC ENGAGEMENT ; AND 4 (VI) (VII) ANY OTHER AREA CONSID ERED APPROPRIATE BY THE 5 COMMISSION. 6 (2) THE RECOMMENDATIONS M ADE UNDER PARAGRAPH (1) OF THIS 7 SUBSECTION SHALL INC LUDE WHETHER THE FUNDING OR LEGISLATI ON IS 8 REQUIRED TO IMPLEMEN T THE RECOMMENDATION , IF ANY. 9 (3) THE COMMISSION SHALL JUST IFY EACH RECOMMENDAT ION 10 MADE UNDER PARAGRAPH (1) OF THIS S UBSECTION BASED ON H OW THE 11 RECOMMENDATION CONTR IBUTES TO THE PROVIS ION OF FOUNDATIONAL PUBLIC 12 HEALTH SERVICES . 13 (4) (I) THE COMMISSION SHALL MAKE A DRAFT OF ITS 14 RECOMMENDATIONS AVAI LABLE FOR PUBLIC COM MENT FOR 30 DAYS. 15 (II) THE FINAL REPORT OF T HE COMMISSION SHALL INCLU DE A 16 RESPONSE TO ANY SUBSTANTIVE PUBLIC COMMENT RECEI VED ON THE DRAFT 17 RECOMMENDATIONS . 18 (5) (I) THE COMMISSION SHALL USE BEST EFFORTS TO REAC H 19 CONSENSUS ON ITS REC OMMENDATIONS . 20 (II) IF THE COMMISSION CANNOT REA CH CONSENSUS ON ITS 21 RECOMMENDATIONS , THE COMMISSION SHALL INCL UDE THE OPPORTUNITY FOR 22 DISSENTING COMMENTS IN THE COMMISSION’S FINAL REPORT. 23 13–4807. 24 (A) ON OR BEFORE DECEMBER 1, 2023, THE COMMISSION SHALL SUBM IT 25 AN INTERIM REPORT TO THE GOVERNOR AND , IN ACCORDANCE WITH § 2–1257 OF 26 THE STATE GOVERNMENT ARTICLE, THE SENATE BUDGET AND TAXATION 27 COMMITTEE, THE SENATE FINANCE COMMITTEE, THE HOUSE APPROPRIATIONS 28 COMMITTEE, AND THE HOUSE HEALTH AND GOVERNMENT OPERATIONS 29 COMMITTEE. 30 HOUSE BILL 214 9 (B) ON OR BEFORE OCTOBER 1, 2025 DECEMBER 1, 2024, THE 1 COMMISSION SHALL SUBM IT A FINAL REPORT OF ITS FINDIN GS AND 2 RECOMMENDATIONS TO T HE GOVERNOR AND , IN ACCORDANCE WITH § 2–1257 OF 3 THE STATE GOVERNMENT ARTICLE, THE SENATE BUDGET AND TAXATION 4 COMMITTEE, THE SENATE FINANCE COMMITTEE, THE HOUSE APPROPRIAT IONS 5 COMMITTEE, AND THE HOUSE HEALTH AND GOVERNMENT OPERATIONS 6 COMMITTEE. 7 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 8 October June 1, 2023. It shall remain effective for a period of 4 2 years and 1 month and, 9 at the end of September June 30, 2027 2025, this Act, with no further action required by 10 the General Assembly, shall be abrogated and of no further force and effect. 11 Approved: ________________________________________________________________________________ Governor. ________________________________________________________________________________ Speaker of the House of Delegates. ________________________________________________________________________________ President of the Senate.