Maryland 2023 2023 Regular Session

Maryland House Bill HB214 Enrolled / Bill

Filed 04/12/2023

                     
 
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. 
          *hb0214*  
  
HOUSE BILL 214 
J1   	(3lr0363) 
ENROLLED BILL 
— Health and Government Operations/Finance — 
Introduced 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 
 
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 
 
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  2 	HOUSE BILL 214  
 
 
 
 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1 
That the Laws of Maryland read as follows: 2 
 
Article – Health – General 3 
 
SUBTITLE 48. COMMISSION ON PUBLIC HEALTH. 4 
 
13–4801. 5 
 
 (A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANI NGS 6 
INDICATED. 7 
 
 (B) “COMMISSION” MEANS THE COMMISSION ON PUBLIC HEALTH. 8 
 
 (C) “FOUNDATIONAL PUBLIC H EALTH SERVICES ” INCLUDES: 9 
 
 (1) THE FOLLOWING FOUNDAT IONAL AREAS: 10 
 
 (I) COMMUNICABLE DISEASE CONTROL; 11 
 
 (II) CHRONIC DISEASE AND INJURY PREVENTION ; 12 
 
 (III) ENVIRONMENTAL PUBLIC HEALTH; 13 
 
 (IV) MATERNAL, CHILD, AND FAMILY HEALTH ; AND  14 
 
 (V) ACCESS TO AND LINKAGE WITH CLINICAL CARE ; AND 15 
 
 (2) THE FOLLOWING FOUNDAT IONAL CAPABILITIES : 16 
 
 (I) ASSESSMENT AND SURVEI LLANCE; 17 
 
 (II) COMMUNITY PARTNERSHIP DEVELOPMENT ; 18 
 
 (III) EQUITY; 19 
 
 (IV) ORGANIZATIONAL COMPET ENCIES; 20 
 
 (V) POLICY DEVELOPMENT AN D SUPPORT; 21 
 
 (VI) ACCOUNTABILITY AND PE RFORMANCE MANAGEMENT ; 22 
 
 (VII) EMERGENCY PREPAREDNES S AND RESPONSE ; AND  23 
   	HOUSE BILL 214 	3 
 
 
 (VIII) COMMUNICATIONS . 1 
 
13–4802. 2 
 
 THERE IS A COMMISSION ON PUBLIC HEALTH. 3 
 
13–4803. 4 
 
 (A) THE COMMISSION CONSISTS O F THE FOLLOWING MEMB ERS: 5 
 
 (1) ONE MEMBER OF THE SENATE OF MARYLAND, APPOINTED BY THE 6 
PRESIDENT OF THE SENATE; 7 
 
 (2) ONE MEMBER OF THE HOUSE OF DELEGATES, APPOINTED BY THE 8 
SPEAKER OF THE HOUSE; 9 
 
 (3) THE DEPUTY SECRETARY FOR PUBLIC HEALTH, OR THE DEPUTY 10 
SECRETARY’S DESIGNEE; 11 
 
 (2) (4) THE DEPUTY SECRETARY FOR BEHAVIORAL HEALTH, OR 12 
THE DEPUTY SECRETARY’S DESIGNEE; 13 
 
 (3) (5) THE DIRECTOR OF THE OFFICE OF MINORITY HEALTH AND 14 
HEALTH DISPARITIES, OR THE DIRECTOR’S DESIGNEE; AND 15 
 
 (4) (6) THE EXECUTIVE DIRECTOR OF THE MARYLAND HEALTH 16 
CARE COMMISSION, OR THE EXECUTIVE DIRECTOR’S DESIGNEE; 17 
 
 (5) THE EXECUTIVE DIRECTOR OF THE HEALTH SERVICES COST 18 
REVIEW COMMISSION, OR THE EXECUTIVE DIRECTOR’S DESIGNEE; AND 19 
 
 (6) THE FOLLOWING MEMBERS , APPOINTED BY THE GOVERNOR: 20 
 
 (I) TWO THREE LOCAL HEALTH OFFICER S OF WHOM: 21 
 
 1. ONE SHALL BE FROM A R URAL JURISDICTION ; 22 
 
 2. ONE SHALL BE FROM A SUBURBAN JURISDICT ION; 23 
AND 24 
 
 3. ONE SHALL BE FROM AN URBAN JURISDICTION ; 25 
 
 (II) TWO REPRESENTATIVES F ROM STATE ACADEMIC 26 
INSTITUTIONS WITH EX PERTISE IN PUBLIC HE ALTH SYSTEMS ; 27  4 	HOUSE BILL 214  
 
 
 
 (III) A FACULTY MEMBER FROM A PUBLIC HEALTH PROG RAM AT 1 
A HISTORICALLY BLACK COLLEGE OR UNIV ERSITY; AND 2 
 
 (IV) A STATE RESIDENT WITH E XPERTISE IN PUBLIC H EALTH 3 
INFORMATION TECHNOLO GY; 4 
 
 (V) A STATE RESIDENT WITH E XPERTISE IN THE PUBL IC 5 
HEALTH WORKFORCE ; 6 
 
 (VI) A STATE RESIDENT WITH E XPERTISE IN HEALTH E QUITY; 7 
 
 (VII) A STATE RESIDENT WITH E XPERIENCE AS A SAFET Y NET 8 
PROVIDER; 9 
 
 (VIII) A STATE BUSINESS LEADER WITH DEMONSTRATED 10 
EXPERTISE IN IMPROVI NG POPULATION HEALTH IN ALL JURISDICTIONS IN THE 11 
STATE; 12 
 
 (IX) A CHIEF EXECUTIVE OFFI CER OF A HOSPITAL LO CATED IN 13 
THE STATE; 14 
 
 (X) A CONSUMER HEALTH ADVO CATE IN THE STATE; AND 15 
 
 (XI) A HEALTH CARE PROFESSI ONAL LICENSED IN THE STATE. 16 
 
 (IV) AT LEAST THREE BUT NO T MORE THAN FIVE MEM BERS OF 17 
THE PUBLIC WITH DEM ONSTRATED INTEREST I N PUBLIC HEALTH AND EXPERIENCE 18 
IN AT LEAST ONE OF T HE FOLLOWING AREAS : 19 
 
 1. HEALTH EQUITY; 20 
 
 2. INFORMATION TECHNOLOG Y; 21 
 
 3. WORKFORCE; AND 22 
 
 4. POPULATION HEALTH . 23 
 
 (B) IN PERFORMING THE DUT IES OF THE COMMISSION, THE COMMISSION 24 
SHALL CONSULT WITH , AS APPROPRIATE AND N ECESSARY: 25 
 
 (1) THE MARYLAND HEALTH CARE COMMISSION; 26 
 
 (2) THE HEALTH SERVICES COST REVIEW COMMISSION; 27   	HOUSE BILL 214 	5 
 
 
 
 (3) THE MARYLAND COMMUNITY HEALTH RESOURCES 1 
COMMISSION;  2 
 
 (4) THE DEPARTMENT OF BUDGET AND MANAGEMENT ; 3 
 
 (5) THE DEPARTMENT OF GENERAL SERVICES; 4 
 
 (6) THE MARYLAND DEPARTMENT OF DISABILITIES; 5 
 
 (7) THE STATE–DESIGNATED HEALTH DA TA UTILITY; AND 6 
 
 (8) ANY OTHER STATE AGENCY AS APPRO PRIATE. 7 
 
 (C) (1) THE COMMISSION SHALL ESTA BLISH THE FOLLOWING 8 
WORKGROUPS : 9 
 
 (I) FUNDING; 10 
 
 (II) GOVERNANCE AND ORGANI ZATIONAL CAPABILITIE S; 11 
 
 (III) WORKFORCE; 12 
 
 (IV) DATA AND INFORMATION TECHNOLOGY ; AND 13 
 
 (V) COMMUNICATION AND PUB LIC ENGAGEMENT . 14 
 
 (2) EACH WORKGROUP ESTABL ISHED UNDER PARAGRAP H (1) OF 15 
THIS SUBSECTION SHALL INC LUDE: 16 
 
 (I) TWO MEMBERS OF THE COMMISSION; AND 17 
 
 (II) MEMBERS OF THE PUBLIC WITH RELEVANT EXPERI ENCE IN 18 
THE SUBJECT MATTER O F THE WORKGROUP WHO MAY INCLUDE: 19 
 
 1. PRIMARY AND SPECIALTY CARE PRACTITIONERS ; 20 
 
 2. PAYORS; 21 
 
 3. CONSUMER ADVOCATES ; 22 
 
 4. HOSPITAL EXECUTIVES ; 23 
 
 5. SAFETY NET HEALTH CAR E PROVIDERS; 24 
  6 	HOUSE BILL 214  
 
 
 6. PUBLIC HEALTH PRACTIT IONERS; AND 1 
 
 7. COMMUNITY–BASED ORGANIZATIONS ; AND 2 
 
 8. FAITH–BASED ORGANIZATIONS . 3 
 
 (3) THE PURPOSE OF THE WO RKGROUPS ESTABLISHED UNDER 4 
PARAGRAPH (1) OF THIS SUBSECTION I S TO FOSTER BROAD EN GAGEMENT AND 5 
PROVIDE EXPERTISE FO R THE PURPOSE OF INF ORMING THE WORK AND 6 
RECOMMENDATIONS OF T HE COMMISSION. 7 
 
 (D) TO THE EXTENT PRACTIC ABLE AND CONSISTENT WITH FEDERAL AND 8 
STATE LAW , THE MEMBERSHIP OF THE COMMISSION AND WORKGR OUPS 9 
ESTABLISHED UNDER TH IS SECTION SHALL REF LECT THE RACIAL , ETHNIC, AND 10 
GENDER DIVERSITY OF THE STATE.  11 
 
 (B) (E) THE MEMBERS OF THE COMMISSION APPOINTED UNDER 12 
SUBSECTION (A)(6)(II) (A)(4)(II) OF THIS SECTION SHALL COCHAIR THE 13 
COMMISSION THE COMMISSION SHALL BE C OCHAIRED BY: 14 
 
 (1) ONE MEMBER APPOINTED UNDER SUBSECTION (A)(6)(I) OF THIS 15 
SECTION, DESIGNATED BY THE GOVERNOR;  16 
 
 (2) ONE MEMBER APPOINTED UNDER SUBSECTION (A)(6)(II) OF THIS 17 
SECTION, DESIGNATED BY THE GOVERNOR; AND 18 
 
 (3) THE MEMBER APPOINTED UNDER SUBSECTION (A)(6)(III) OF THIS 19 
SECTION. 20 
 
 (C) (F) A MEMBER OF THE COMMISSION: 21 
 
 (1) MAY NOT RECEIVE COMPE NSATION AS A MEMBER OF THE 22 
COMMISSION; BUT 23 
 
 (2) IS ENTITLED TO REIMBU RSEMENT FOR EXPENSES UNDER THE 24 
STANDARD STATE TRAVEL REGULATIONS, AS PROVIDED IN THE STATE BUDGET . 25 
 
13–4804. 26 
 
 THE ACADEMIC INSTITUT IONS REPRESENTED BY THE COCHAIRS OF THE 27 
COMMISSION SHALL PROV IDE STAFF SUPPORT FO R THE COMMISSION. 28 
 
13–4805. 29 
   	HOUSE BILL 214 	7 
 
 
 THE PURPOSE OF THE COMMISSION IS TO MAKE RECOMMENDATIONS TO 1 
IMPROVE THE DELIVERY OF FOUNDATIONAL PUBL IC HEALTH SERVICES I N THE 2 
STATE. 3 
 
13–4806. 4 
 
 (A) ON OR BEFORE OCTOBER 1, 2024, THE THE COMMISSION SHALL ASSE SS 5 
THE CAPABILITY FOUNDATIONAL PUBLIC HEALTH CAPABILITIES OF THE 6 
DEPARTMENT AND LOCAL HEALTH DEPARTMENTS IN THE STATE TO PROVIDE 7 
FOUNDATIONAL PUBLIC HEALTH SERVICES TO A LL RESIDENTS OF THE STATE. 8 
 
 (B) (1) IN CONDUCTING THE ASS	ESSMENT REQUIRED UND	ER 9 
SUBSECTION (A) OF THIS SECTION, THE COMMISSION SHALL : 10 
 
 (I) CONSIDER THE FOLLOWIN G FACTORS: 11 
 
 1. THE STATE’S RESPONSE TO COVID–19; 12 
 
 2. THE STATE’S RESPONSE TO OVERDO SE DEATHS;  13 
 
 3. RACIAL AND ETHNIC DIS PARITIES IN MATERNAL 14 
MORTALITY AND BIRTH OUTCOMES IN THE STATE; AND  15 
 
 4. SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , 16 
ANY OTHER FACTORS CONSIDERED A PPROPRIATE BY THE COMMISSION; AND 17 
 
 (II) HOLD AT LEAST THREE P UBLIC MEETINGS IN DI FFERENT 18 
AREAS OF THE STATE THAT INCLUDE AN OPPORTUNITY FOR PUBL IC COMMENT. 19 
 
 (2) THE COMMISSION MAY NOT CO NSIDER MORE THAN THR EE 20 
ADDITIONAL FACTORS UNDER PARAGRAPH (1)(I)4 OF THIS SUBSECTION . 21 
 
 (I) EXPLAIN THE IMPACT OF THE FOUNDATIONAL PUB LIC 22 
HEALTH CAPABILITIES ON THE STATE’S ABILITY TO ADDRESS FOUNDATIONAL 23 
PUBLIC HEALTH AREAS , INCLUDING AS THE FOU NDATIONAL PUBLIC HEA LTH AREAS 24 
RELATE TO BEHAVIORAL HEALTH; 25 
 
 (II) EXPLAIN THE IMPACT OF THE FOUNDATIONAL PUB LIC 26 
HEALTH CAPABILITIES ON THE STATE’S ABILITY TO RESPOND TO COVID–19, 27 
OVERDOSES, MATERNAL AND INFANT MORTALITY, AND OTHER MAJOR PUBL IC 28 
HEALTH CHALLENGES AS APPROPRIATE ; AND 29 
  8 	HOUSE BILL 214  
 
 
 (III) PROVIDE PUBL IC OUTREACH TO HOLD AT LEAST THREE 1 
PUBLIC MEETINGS IN D IFFERENT AREAS OF TH E STATE THAT INCLUDE AN 2 
OPPORTUNITY FOR PUBL IC COMMENT.  3 
 
 (3) (2) IN CONDUCTING THE ASS ESSMENT REQUIRED UND ER 4 
SUBSECTION (A) OF THIS SECTION, THE COMMISSION MAY : 5 
 
 (I) REQUEST AND OBTAIN DEIDENTIFIED AND PUB LICLY 6 
AVAILABLE DATA FROM THE DEPARTMENT , LOCAL HEALTH DEPARTM ENTS, AND 7 
THE STATE–DESIGNATED HEALTH INFORMATION EXCHANGE ; DATA UTILITY; AND 8 
 
 (II) REQUEST INTERVIEWS WI TH STATE AND LOCAL HEALT H 9 
OFFICIALS; AND  10 
 
 (III) FORM WORKGROUPS . 11 
 
 (C) (1) BASED ON THE ASSESSME NT CONDUCTED UNDER S UBSECTION (A) 12 
OF THIS SECTION , THE COMMISSION SHALL MAKE RECOMMENDATIONS FOR 13 
REFORM IN THE FOLLOW ING AREAS: 14 
 
 (I) ORGANIZATION OF STATE AND LOCAL PUBLI C HEALTH 15 
DEPARTMENTS ; 16 
 
 (II) INFORMATION TECHNOLOG Y, INFORMATION EXCHANGE , 17 
AND DATA AND ANALYTI CS; 18 
 
 (III) WORKFORCE, INCLUDING HUMAN RESO URCES AND USE OF 19 
THE MEDICAL RESERVE CORPS FOR PUBLIC HEA LTH; 20 
 
 (IV) PROCUREMENT , INCLUDING OVERSIGHT 	OF 21 
CONTRACTORS ; 22 
 
 (V) FUNDING; AND  23 
 
 (VI) COMMUNICATION AND PUB LIC ENGAGEMENT ; AND  24 
 
 (VI) (VII) ANY OTHER AREA CONSID ERED APPROPRIATE BY THE 25 
COMMISSION. 26 
 
 (2) THE RECOMMENDATIONS M ADE UNDER PARAGRAPH (1) OF THIS 27 
SUBSECTION SHALL INC LUDE WHETHER THE FUNDING OR LEGISLATI ON IS 28 
REQUIRED TO IMPLEMEN T THE RECOMMENDATION , IF ANY. 29 
   	HOUSE BILL 214 	9 
 
 
 (3) THE COMMISSION SHALL JUST IFY EACH RECOMMENDAT ION 1 
MADE UNDER PARAGRAPH (1) OF THIS SUBSECTION B ASED ON HOW THE 2 
RECOMMENDATION CONTR IBUTES TO THE PROVIS ION OF FOUNDATIONAL PUBLIC 3 
HEALTH SERVICES . 4 
 
 (4) (I) THE COMMISSION SHALL MAKE A DRAFT OF ITS 5 
RECOMMENDATIONS AVAI LABLE FOR PUBLIC COM MENT FOR 30 DAYS. 6 
 
 (II) THE FINAL REPORT OF T HE COMMISSION SHALL INCL UDE A 7 
RESPONSE TO ANY SUBSTANTIVE PUBLIC COMMENT RECEI VED ON THE DRAFT 8 
RECOMMENDATIONS . 9 
 
 (5) (I) THE COMMISSION SHALL USE BEST EFFORTS TO REAC H 10 
CONSENSUS ON ITS REC OMMENDATIONS . 11 
 
 (II) IF THE COMMISSION CANNOT REA CH CONSENSUS ON ITS 12 
RECOMMENDATIONS , THE COMMISSION SHALL INCL UDE THE OPPORTUNITY FOR 13 
DISSENTING COMMENTS IN THE COMMISSION’S FINAL REPORT. 14 
 
13–4807. 15 
 
 (A) ON OR BEFORE DECEMBER 1, 2023, THE COMMISSION SHALL SUBM IT 16 
AN INTERIM REPORT TO THE GOVERNOR AND , IN ACCORDANCE WITH § 2–1257 OF 17 
THE STATE GOVERNMENT ARTICLE, THE SENATE BUDGET AND TAXATION 18 
COMMITTEE, THE SENATE FINANCE COMMITTEE, THE HOUSE APPROPRIATIONS 19 
COMMITTEE, AND THE HOUSE HEALTH AND GOVERNMENT OPERATIONS 20 
COMMITTEE.  21 
 
 (B) ON OR BEFORE OCTOBER 1, 2025 DECEMBER 1, 2024, THE 22 
COMMISSION SHALL SUBM IT A FINAL REPORT OF ITS FINDIN GS AND 23 
RECOMMENDATIONS TO T HE GOVERNOR AND , IN ACCORDANCE WITH § 2–1257 OF 24 
THE STATE GOVERNMENT ARTICLE, THE SENATE BUDGET AND TAXATION 25 
COMMITTEE, THE SENATE FINANCE COMMITTEE, THE HOUSE APPROPRIATIONS 26 
COMMITTEE, AND THE HOUSE HEALTH AND GOVERNMENT OPERATIONS 27 
COMMITTEE. 28 
 
 SECTION 2. AND BE IT FURTHER E NACTED, That this Act shall take effect 29 
October June 1, 2023. It shall remain effective for a period of 4 2 years and 1 month and, 30 
at the end of September June 30, 2027 2025, this Act, with no further action required by 31 
the General Assembly, shall be abrogated and of no further force and effect.  32