WES MOORE, Governor Ch. 385 – 1 – 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 – 2 – (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 – 3 – (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 – 4 – (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 – 5 – (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 – 6 – (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 – 7 – 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 – 8 – (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 – 9 – 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.