Maryland 2023 2023 Regular Session

Maryland House Bill HB214 Chaptered / Bill

Filed 05/10/2023

                     	WES MOORE, Governor 	Ch. 385 
 
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Chapter 385 
(House Bill 214) 
 
AN ACT concerning 
 
Commission on Public Health – Establishment 
 
FOR the purpose of establishing the Commission on Public Health to make 
recommendations to improve the delivery of foundational public health services in 
the State; requiring the Commission to conduct a certain assessment on or before a 
certain date; and generally relating to the Commission on Public Health.  
 
BY adding to 
 Article – Health – General 
Section 13–4801 through 13–4807 to be under the new subtitle “Subtitle 48. 
Commission on Public Health” 
 Annotated Code of Maryland 
 (2019 Replacement Volume and 2022 Supplement) 
 
 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 
That the Laws of Maryland read as follows: 
 
Article – Health – General 
 
SUBTITLE 48. COMMISSION ON PUBLIC HEALTH. 
 
13–4801. 
 
 (A) IN THIS SUBTITLE THE FOLLOWING WORDS HAV E THE MEANINGS 
INDICATED. 
 
 (B) “COMMISSION” MEANS THE COMMISSION ON PUBLIC HEALTH. 
 
 (C) “FOUNDATIONAL PUBLIC H EALTH SERVICES ” INCLUDES: 
 
 (1) THE FOLLOWING FOUNDAT IONAL AREAS: 
 
 (I) COMMUNICABLE DISEASE CONTROL; 
 
 (II) CHRONIC DISEASE AND I NJURY PREVENTION; 
 
 (III) ENVIRONMENTAL PUBLIC HEALTH; 
 
 (IV) MATERNAL, CHILD, AND FAMILY HEALTH ; AND  
  Ch. 385 	2023 LAWS OF MARYLAND  
 
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 (V) ACCESS TO AND LINKAGE WITH CLINICAL CARE ; AND 
 
 (2) THE FOLLOWING FOUNDAT IONAL CAPABILITIES : 
 
 (I) ASSESSMENT AND SURVEI LLANCE; 
 
 (II) COMMUNITY PARTNERSHIP DEVELOPM ENT; 
 
 (III) EQUITY; 
 
 (IV) ORGANIZATIONAL COMPET ENCIES; 
 
 (V) POLICY DEVELOPMENT AN D SUPPORT; 
 
 (VI) ACCOUNTABILITY AND PE RFORMANCE MANAGEMENT ; 
 
 (VII) EMERGENCY PREPAREDNES S AND RESPONSE ; AND  
 
 (VIII) COMMUNICATIONS . 
 
13–4802. 
 
 THERE IS A COMMISSION ON PUBLIC HEALTH. 
 
13–4803. 
 
 (A) THE COMMISSION CONSISTS O F THE FOLLOWING MEMB ERS: 
 
 (1) ONE MEMBER OF THE SENATE OF MARYLAND, APPOINTED BY THE 
PRESIDENT OF THE SENATE; 
 
 (2) ONE MEMBER OF THE HOUSE OF DELEGATES, APPOINTED BY THE 
SPEAKER OF THE HOUSE; 
 
 (3) THE DEPUTY SECRETARY FOR PUBLIC HEALTH, OR THE DEPUTY 
SECRETARY’S DESIGNEE; 
 
 (2) (4) THE DEPUTY SECRETARY FOR BEHAVIORAL HEALTH, OR 
THE DEPUTY SECRETARY’S DESIGNEE; 
 
 (3) (5) THE DIRECTOR OF THE OFFICE OF MINORITY HEALTH AND 
HEALTH DISPARITIES, OR THE DIRECTOR’S DESIGNEE; AND 
   	WES MOORE, Governor 	Ch. 385 
 
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 (4) (6) THE EXECUTIVE DIRECTOR OF THE MARYLAND HEALTH 
CARE COMMISSION, OR THE EXECUTIVE DIRECTOR’S DESIGNEE; 
 
 (5) THE EXECUTIVE DIRECTOR OF THE HEALTH SERVICES COST 
REVIEW COMMISSION, OR THE EXECUTIVE DIRECTOR’S DESIGNEE; AND 
 
 (6) THE FOLLOWING MEMBERS , APPOINTED BY THE GOVERNOR: 
 
 (I) TWO THREE LOCAL HEALTH OFFICER S OF WHOM: 
 
 1. ONE SHALL BE FROM A R URAL JURISDICTION ; 
 
 2. ONE SHALL BE FROM A SUBURBAN JURISDICT ION; 
AND 
 
 3. ONE SHALL BE FROM AN URBAN JURISDICTION ; 
 
 (II) TWO REPRESENTATIVES F ROM STATE ACADEMIC 
INSTITUTIONS WITH EX PERTISE IN PUBLIC HE ALTH SYSTEMS ; 
 
 (III) A FACULTY MEMBER FROM A PUBLIC HEALTH PROG RAM AT 
A HISTORICALLY BLACK COLLEGE OR UNIV ERSITY; AND 
 
 (IV) A STATE RESIDENT WITH E XPERTISE IN PUBLIC H EALTH 
INFORMATION TECHNOLO GY; 
 
 (V) A STATE RESIDENT WITH E XPERTISE IN THE PUBL IC 
HEALTH WORKFORCE ; 
 
 (VI) A STATE RESIDENT WITH E XPERTISE IN HEALTH E QUITY; 
 
 (VII) A STATE RESIDENT WITH E XPERIENCE AS A SAFET Y NET 
PROVIDER; 
 
 (VIII) A STATE BUSINESS LEADER WITH DEMONSTRATED 
EXPERTISE IN IMPROVI NG POPULATION HEALTH IN ALL JURISDICTIONS IN THE 
STATE; 
 
 (IX) A CHIEF EXECUTIVE OFFI CER OF A HOSPITAL LO CATED IN 
THE STATE; 
 
 (X) A CONSUMER HEALTH ADVO CATE IN THE STATE; AND 
 
 (XI) A HEALTH CARE PROFESSI ONAL LICENSED IN THE STATE.  Ch. 385 	2023 LAWS OF MARYLAND  
 
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 (IV) AT LEAST THREE BUT NO T MORE THAN FIVE MEM BERS OF 
THE PUBLIC WITH DEM ONSTRATED INTEREST I N PUBLIC HEALTH AND EXPERIENCE 
IN AT LEAST ONE OF T HE FOLLOWING AREAS : 
 
 1. HEALTH EQUITY; 
 
 2. INFORMATION TECHNOLOG Y; 
 
 3. WORKFORCE; AND 
 
 4. POPULATION HEALTH . 
 
 (B) IN PERFORMING THE DUT IES OF THE COMMISSION, THE COMMISSION 
SHALL CONSULT WITH , AS APPROPRIATE AND N ECESSARY: 
 
 (1) THE MARYLAND HEALTH CARE COMMISSION; 
 
 (2) THE HEALTH SERVICES COST REVIEW COMMISSION; 
 
 (3) THE MARYLAND COMMUNITY HEALTH RESOURCES 
COMMISSION;  
 
 (4) THE DEPARTMENT OF BUDGET AND MANAGEMENT ; 
 
 (5) THE DEPARTMENT OF GENERAL SERVICES; 
 
 (6) THE MARYLAND DEPARTMENT OF DISABILITIES; 
 
 (7) THE STATE–DESIGNATED HEALTH DA TA UTILITY; AND 
 
 (8) ANY OTHER STATE AGENCY AS APPRO PRIATE. 
 
 (C) (1) THE COMMISSION SHALL ESTA BLISH THE FOLLOWING 
WORKGROUPS : 
 
 (I) FUNDING; 
 
 (II) GOVERNANCE AND ORGANI ZATIONAL CAPABILITIE S; 
 
 (III) WORKFORCE; 
 
 (IV) DATA AND INFORMATION TECHNOLOGY ; AND 
   	WES MOORE, Governor 	Ch. 385 
 
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 (V) COMMUNICATION AND PUB LIC ENGAGEMENT . 
 
 (2) EACH WORKGROUP ESTABL ISHED UNDER PARAGRAP H (1) OF 
THIS SUBSECTION SHALL INC LUDE: 
 
 (I) TWO MEMBERS OF THE COMMISSION; AND 
 
 (II) MEMBERS OF THE PUBLIC WITH RELEVANT EXPERI ENCE IN 
THE SUBJECT MATTER O F THE WORKGROUP WHO MAY INCLUDE: 
 
 1. PRIMARY AND SPECIALTY CARE PRACTITIONERS ; 
 
 2. PAYORS; 
 
 3. CONSUMER ADVOCATES ; 
 
 4. HOSPITAL EXECUTIVES ; 
 
 5. SAFETY NET HEALTH CAR E PROVIDERS; 
 
 6. PUBLIC HEALTH PRACTIT IONERS; AND 
 
 7. COMMUNITY–BASED ORGANIZATIONS ; AND 
 
 8. FAITH–BASED ORGANIZATIONS . 
 
 (3) THE PURPOSE OF THE WO RKGROUPS ESTABLISHED UNDER 
PARAGRAPH (1) OF THIS SUBSECTION I S TO FOSTER BROAD EN GAGEMENT AND 
PROVIDE EXPERTISE FO R THE PURPOSE OF INF ORMING THE WORK AND 
RECOMMENDATIONS OF T HE COMMISSION. 
 
 (D) TO THE EXTENT PRACTIC ABLE AND CONSISTENT WITH FEDERAL AND 
STATE LAW , THE MEMBERSHIP OF THE COMMISSION AND WORKGR OUPS 
ESTABLISHED UNDER TH IS SECTION SHALL REF LECT THE RACIAL , ETHNIC, AND 
GENDER DIVERSITY OF THE STATE.  
 
 (B) (E) THE MEMBERS OF THE COMMISSION APPOINTED UNDER 
SUBSECTION (A)(6)(II) (A)(4)(II) OF THIS SECTION SHALL COCHAIR THE 
COMMISSION THE COMMISSION SHALL BE C OCHAIRED BY: 
 
 (1) ONE MEMBER APPOINTED UNDER SUBSECTION (A)(6)(I) OF THIS 
SECTION, DESIGNATED BY THE GOVERNOR;  
  Ch. 385 	2023 LAWS OF MARYLAND  
 
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 (2) ONE MEMBER APPOINTED UNDER SUBSECTION (A)(6)(II) OF THIS 
SECTION, DESIGNATED BY THE GOVERNOR; AND 
 
 (3) THE MEMBER APPOINTED UNDER SUBSECTION (A)(6)(III) OF THIS 
SECTION. 
 
 (C) (F) A MEMBER OF THE COMMISSION: 
 
 (1) MAY NOT RECEIVE COMPE NSATION AS A MEMBER OF THE 
COMMISSION; BUT 
 
 (2) IS ENTITLED TO REIMBU RSEMENT FOR EXPENSES UNDER THE 
STANDARD STATE TRAVEL REGULATIONS, AS PROVIDED IN THE STATE BUDGET . 
 
13–4804. 
 
 THE ACADEMIC INSTITUT IONS REPRESENTED BY THE COCHAIRS OF THE 
COMMISSION SHALL PROV IDE STAFF SUPPORT FO R THE COMMISSION. 
 
13–4805. 
 
 THE PURPOSE OF THE COMMISSION IS TO MAKE RECOMMENDATIONS TO 
IMPROVE THE DELIVERY OF FOUNDATIONAL PUBL IC HEALTH SERVICES I N THE 
STATE. 
 
13–4806. 
 
 (A) ON OR BEFORE OCTOBER 1, 2024, THE THE COMMISSION SHALL ASSE SS 
THE CAPABILITY FOUNDATIONAL PUBLIC HEALTH CAPABILITIES OF THE 
DEPARTMENT AND LOCAL HEALTH DEPARTMENTS IN THE STATE TO PROVIDE 
FOUNDATIONAL PUBLIC HEALTH SERVICES TO A LL RESIDENTS OF THE STATE. 
 
 (B) (1) IN CONDUCTING THE ASS	ESSMENT REQUIRED UND	ER 
SUBSECTION (A) OF THIS SECTION, THE COMMISSION SHALL : 
 
 (I) CONSIDER THE FOLLOWIN G FACTORS: 
 
 1. THE STATE’S RESPONSE TO COVID–19; 
 
 2. THE STATE’S RESPONSE TO OVERDO SE DEATHS;  
 
 3. RACIAL AND ETHNIC DIS PARITIES IN MATERNAL 
MORTALITY AND BIRTH OUTCOMES IN THE STATE; AND  
   	WES MOORE, Governor 	Ch. 385 
 
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 4. SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , 
ANY OTHER FA CTORS CONSIDERED APP ROPRIATE BY THE COMMISSION; AND 
 
 (II) HOLD AT LEAST THREE P UBLIC MEETINGS IN DI FFERENT 
AREAS OF THE STATE THAT INCLUDE AN OPPORTUNITY FOR PUBL IC COMMENT. 
 
 (2) THE COMMISSION MAY NOT CO NSIDER MORE THAN THR EE 
ADDITIONAL FACTORS U NDER PARAGRAPH (1)(I)4 OF THIS SUBSECTION . 
 
 (I) EXPLAIN THE IMPACT OF THE FOUNDATIONAL PUB LIC 
HEALTH CAPABILITIES ON THE STATE’S ABILITY TO ADDRESS FOUNDATIONAL 
PUBLIC HEALTH AREAS , INCLUDING AS THE FOU NDATIONAL PUBLIC HEA LTH AREAS 
RELATE TO BEHAVIORAL HEALTH; 
 
 (II) EXPLAIN THE IMPACT OF THE FOUNDATIONAL PUB LIC 
HEALTH CAPABILITIES ON THE STATE’S ABILITY TO RESPOND TO COVID–19, 
OVERDOSES, MATERNAL AND INFANT MORTALITY, AND OTHER MAJOR PUBL IC 
HEALTH CHALLENGES AS APPROPRIATE ; AND 
 
 (III) PROVIDE PUBLIC OU TREACH TO HOLD AT LE AST THREE 
PUBLIC MEETINGS IN D IFFERENT AREAS OF TH E STATE THAT INCLUDE AN 
OPPORTUNITY FOR PUBL IC COMMENT.  
 
 (3) (2) IN CONDUCTING THE ASS ESSMENT REQUIRED UND ER 
SUBSECTION (A) OF THIS SECTION, THE COMMISSION MAY : 
 
 (I) REQUEST AND OBTAIN DEIDENTIFIED AND PUB LICLY 
AVAILABLE DATA FROM THE DEPARTMENT , LOCAL HEALTH DEPARTM ENTS, AND 
THE STATE–DESIGNATED HEALTH INFORMATION EXCHANGE ; DATA UTILITY; AND 
 
 (II) REQUEST INTERVIEWS WI TH STATE AND LOCAL HEALT H 
OFFICIALS; AND  
 
 (III) FORM WORKGROUPS . 
 
 (C) (1) BASED ON THE ASSESSME NT CONDUCTED UNDER S UBSECTION (A) 
OF THIS SECTION , THE COMMISSION SHALL MAKE RECOMMENDATIONS FOR 
REFORM IN THE FOLLOW ING AREAS: 
 
 (I) ORGANIZATION OF STATE AND LOCAL PUBLI C HEALTH 
DEPARTMENTS ; 
 
 (II) INFORMATI ON TECHNOLOGY , INFORMATION EXCHANGE , 
AND DATA AND ANALYTI CS;  Ch. 385 	2023 LAWS OF MARYLAND  
 
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 (III) WORKFORCE, INCLUDING HUMAN RESO URCES AND USE OF 
THE MEDICAL RESERVE CORPS FOR PUBLIC HEA LTH; 
 
 (IV) PROCUREMENT , INCLUDING OVERSIGHT 	OF 
CONTRACTORS ; 
 
 (V) FUNDING; AND  
 
 (VI) COMMUNICATION AND PUB LIC ENGAGEMENT ; AND  
 
 (VI) (VII) ANY OTHER AREA CONSID ERED APPROPRIATE BY THE 
COMMISSION. 
 
 (2) THE RECOMMENDATIONS M ADE UNDER PARAGRAPH (1) OF THIS 
SUBSECTION SHALL INC LUDE WHETHER THE FUNDING OR LEGISLATI ON IS 
REQUIRED TO IMPLEMEN T THE RECOMMENDATION , IF ANY. 
 
 (3) THE COMMISSION SHALL JUST IFY EACH RECOMMENDAT ION 
MADE UNDER PARAGRAPH (1) OF THIS SUBSECTION B ASED ON HOW THE 
RECOMMENDATION CONTR IBUTES TO THE PROVIS ION OF FOUNDATIONAL PUBLIC 
HEALTH SERVICES . 
 
 (4) (I) THE COMMISSION SHALL MAKE A DRAFT OF ITS 
RECOMMENDATIONS AVAI LABLE FOR PUBLIC COM MENT FOR 30 DAYS. 
 
 (II) THE FINAL REPORT OF T HE COMMISSION SHALL INCL UDE A 
RESPONSE TO ANY SUBSTANTIVE PUBLIC COMMENT RECEI VED ON THE DRAFT 
RECOMMENDATIONS . 
 
 (5) (I) THE COMMISSION SHALL USE BEST EFFORTS TO REAC H 
CONSENSUS ON ITS REC OMMENDATIONS . 
 
 (II) IF THE COMMISSION CANNOT REA CH CONSENSUS ON ITS 
RECOMMENDATIONS , THE COMMISSION SHALL INCL UDE THE OPPORTUNITY FOR 
DISSENTING COMMENTS IN THE COMMISSION’S FINAL REPORT. 
 
13–4807. 
 
 (A) ON OR BEFORE DECEMBER 1, 2023, THE COMMISSION SHALL SUBM IT 
AN INTERIM REPORT TO THE GOVERNOR AND , IN ACCORDANCE WITH § 2–1257 OF 
THE STATE GOVERNMENT ARTICLE, THE SENATE BUDGET AND TAXATION 
COMMITTEE, THE SENATE FINANCE COMMITTEE, THE HOUSE APPROPRIATIONS   	WES MOORE, Governor 	Ch. 385 
 
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COMMITTEE, AND THE HOUSE HEALTH AND GOVERNMENT OPERATIONS 
COMMITTEE.  
 
 (B) ON OR BEFORE OCTOBER 1, 2025 DECEMBER 1, 2024, THE 
COMMISSION SHALL SUBM IT A FINAL REPORT OF ITS FINDIN GS AND 
RECOMMENDATIONS TO T HE GOVERNOR AND , IN ACCORDANCE WITH § 2–1257 OF 
THE STATE GOVERNMENT ARTICLE, THE SENATE BUDGET AND TAXATION 
COMMITTEE, THE SENATE FINANCE COMMITTEE, THE HOUSE APPROPRIATIONS 
COMMITTEE, AND THE HOUSE HEALTH AND GOVERNMENT OPERATIONS 
COMMITTEE. 
 
 SECTION 2. AND BE IT FURTHER E NACTED, That this Act shall take effect 
October June 1, 2023. It shall remain effective for a period of 4 2 years and 1 month and, 
at the end of September June 30, 2027 2025, this Act, with no further action required by 
the General Assembly, shall be abrogated and of no further force and effect.  
 
Approved by the Governor, May 3, 2023.