MD
Maryland House Bill HB549

Maryland 2023 Regular Session

Maryland House Bill HB549 Compare Versions

Only one version of the bill is available at this time.
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33 EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
44 [Brackets] indicate matter deleted from existing law.
55 *hb0549*
66
77 HOUSE BILL 549
88 K3 3lr0135
99 CF 3lr0134
1010 By: The Speaker (By Request – Administration) and Delegates Acevero, Addison,
1111 Allen, Amprey, Bagnall, Bhandari, Boafo, Boyce, Charkoudian, Charles,
1212 Conaway, Cullison, Davis, Ebersole, Edelson, Embry, Feldmark, Fennell,
1313 Foley, Fraser–Hidalgo, Harris, Harrison, Healey, Henson, Holmes, Ivey,
1414 Jackson, D. Jones, Kaiser, Kaufman, Kelly, Kerr, J. Long, Lopez, Love,
1515 McCaskill, Mireku–North, Moon, Palakovich Carr, Pasteur, Patterson,
1616 Queen, Reznik, Rogers, Rosenberg, Ruth, Shetty, Simpson, Smith, Solomon,
1717 Stewart, Taveras, Toles, Turner, Valderrama, Vogel, Wells, White, Wilkins,
1818 Williams, Woods, Wu, and Young
1919 Introduced and read first time: February 2, 2023
2020 Assigned to: Economic Matters
2121
2222 A BILL ENTITLED
2323
2424 AN ACT concerning 1
2525
2626 Fair Wage Act of 2023 2
2727
2828 FOR the purpose of increasing the State minimum wage rate in effect for certain periods of 3
2929 time; increasing, except under certain circumstances, the State minimum wage rate 4
3030 in effect for certain periods of time based on annual growth in a certain consumer 5
3131 price index; altering the authority of the Board of Public Works to temporarily 6
3232 suspend an increase in the minimum wage rate; repealing the requirement that the 7
3333 Governor’s budgets for certain fiscal years include certain provider rate increases; 8
3434 and generally relating to the State minimum wage rate. 9
3535
3636 BY repealing and reenacting, with amendments, 10
3737 Article – Health – General 11
3838 Section 7–307, 16–201.3, and 16–201.4 12
3939 Annotated Code of Maryland 13
4040 (2019 Replacement Volume and 2022 Supplement) 14
4141
4242 BY repealing and reenacting, with amendments, 15
4343 Article – Labor and Employment 16
4444 Section 3–413 and 3–413.1 17
4545 Annotated Code of Maryland 18
4646 (2016 Replacement Volume and 2022 Supplement) 19
4747
4848 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 20 2 HOUSE BILL 549
4949
5050
5151 That the Laws of Maryland read as follows: 1
5252
5353 Article – Health – General 2
5454
5555 7–307. 3
5656
5757 (a) (1) In this section the following words have the meanings indicated. 4
5858
5959 (2) “Community direct service worker” means an employee of a community 5
6060 provider that provides treatment or services to developmentally disabled individuals. 6
6161
6262 (3) “Community provider” means a community–based agency or program 7
6363 funded by the Administration to serve individuals with developmental disabilities. 8
6464
6565 (4) “Rate” means the reimbursement rate paid by the Department to a 9
6666 community provider from the State General Fund, Maryland Medical Assistance Program 10
6767 funds, other State or federal funds, or a combination of funds. 11
6868
6969 (b) Notwithstanding the provisions of this title or any other provision of law, the 12
7070 Department shall reimburse community providers as provided in this section. 13
7171
7272 (c) Subject to subsection (d) of this section, the Department shall increase the rate 14
7373 of reimbursement for community service providers each fiscal year by the amount of rate 15
7474 increase included in the State budget for that fiscal year. 16
7575
7676 (d) (1) The Governor’s proposed budget for fiscal year 2019 shall include a 17
7777 3.5% rate increase for community service providers over the funding provided in the 18
7878 legislative appropriation for Object 08 Contractual Services in Program M00M01.02 19
7979 Community Services for fiscal year 2018. 20
8080
8181 (2) The Governor’s proposed budget for fiscal year 2021 shall include a 4% 21
8282 rate increase for community service providers over the funding provided in the legislative 22
8383 appropriation for Object 08 Contractual Services in Program M00M01.02 Community 23
8484 Services for fiscal year 2020. 24
8585
8686 (3) The Governor’s proposed budget for fiscal year 2022 shall include a 4% 25
8787 rate increase for community service providers over the funding provided in the legislative 26
8888 appropriation for Object 08 Contractual Services in Program M00M01.02 Community 27
8989 Services for fiscal year 2021. 28
9090
9191 (4) The Governor’s proposed budget for fiscal year 2023 shall include a 4% 29
9292 rate increase for community service providers over the funding provided in the legislative 30
9393 appropriation for Object 08 Contractual Services in Program M00M01.02 Community 31
9494 Services for fiscal year 2022. 32
9595
9696 (5) The Governor’s proposed budget for fiscal year 2024 shall include a 4% 33
9797 rate increase for community service providers over the funding provided in the legislative 34 HOUSE BILL 549 3
9898
9999
100100 appropriation for Object 08 Contractual Services in Program M00M01.02 Community 1
101101 Services for fiscal year 2023. 2
102102
103103 [(6) The Governor’s proposed budget for fiscal year 2025 shall include a 4% 3
104104 rate increase for community service providers over the funding provided in the legislative 4
105105 appropriation for Object 08 Contractual Services in Program M00M01.02 Community 5
106106 Services for fiscal year 2024. 6
107107
108108 (7) The Governor’s proposed budget for fiscal year 2026 shall include a 4% 7
109109 rate increase for community service providers over the funding provided in the legislative 8
110110 appropriation for Object 08 Contractual Services in Program M00M01.02 Community 9
111111 Services for fiscal year 2025.] 10
112112
113113 (e) The Governor’s proposed budget for fiscal year 2016 and thereafter for 11
114114 community service providers shall be presented in the same manner, including object and 12
115115 program information, as provided for in the fiscal year 2015 budget. 13
116116
117117 (f) A portion of the funds in subsection (e) of this section may be allocated to 14
118118 address the impact of an increase in the State minimum wage on wages and benefits of 15
119119 direct support workers employed by community providers licensed by the Developmental 16
120120 Disabilities Administration. 17
121121
122122 16–201.3. 18
123123
124124 (a) (1) In this section the following words have the meanings indicated. 19
125125
126126 (2) “Community provider” means a community–based agency or program 20
127127 funded by the Behavioral Health Administration or the Medical Care Programs 21
128128 Administration to serve individuals with mental disorders, substance–related disorders, or 22
129129 a combination of these disorders. 23
130130
131131 (3) “Rate” means the reimbursement rate paid by the Department to a 24
132132 community provider from the State General Fund, Maryland Medical Assistance Program 25
133133 funds, other State or federal funds, or a combination of these funds. 26
134134
135135 (b) This section does not apply to reimbursement for any service provided by a 27
136136 community provider whose rates are regulated by the Health Services Cost Review 28
137137 Commission. 29
138138
139139 (c) It is the intent of the General Assembly that a substantial portion of the rate 30
140140 adjustment provided under subsection (d) of this section be used to: 31
141141
142142 (1) Compensate direct care staff and licensed clinicians employed by 32
143143 community providers; and 33
144144
145145 (2) Improve the quality of programming provided by community providers. 34
146146 4 HOUSE BILL 549
147147
148148
149149 (d) (1) The Governor’s proposed budget for fiscal year 2019 and fiscal year 1
150150 2020 shall include a 3.5% rate increase for community providers over the funding provided 2
151151 in the legislative appropriation for the immediately preceding fiscal year for each of the 3
152152 following: 4
153153
154154 (i) Object 08 Contractual Services in Program M00Q01.10 Medicaid 5
155155 Behavioral Health Provider Reimbursement – Medical Care Programs Administration; 6
156156
157157 (ii) Object 08 Contractual Services in Program M00L01.02 7
158158 Community Services – Behavioral Health Administration; and 8
159159
160160 (iii) Object 08 Contractual Services in Program M00L01.03 9
161161 Community Services for M edicaid State Fund Recipients – Behavioral Health 10
162162 Administration. 11
163163
164164 (2) The Governor’s proposed budget for fiscal year 2021 shall include a 4% 12
165165 rate increase for community providers over the funding provided in the legislative 13
166166 appropriation for the immediately preceding fiscal year for each of the following: 14
167167
168168 (i) Object 08 Contractual Services in Program M00Q01.10 Medicaid 15
169169 Behavioral Health Provider Reimbursement – Medical Care Programs Administration; 16
170170
171171 (ii) Object 08 Contractual Services in Program M 00L01.02 17
172172 Community Services – Behavioral Health Administration; and 18
173173
174174 (iii) Object 08 Contractual Services in Program M00L01.03 19
175175 Community Services for Medicaid State Fund Recipients – Behavioral Health 20
176176 Administration. 21
177177
178178 (3) The Governor’s proposed budget for fiscal year 2022 shall include a 22
179179 3.5% rate increase for community providers over the funding provided in the legislative 23
180180 appropriation for the immediately preceding fiscal year for each of the following: 24
181181
182182 (i) Object 08 Contractual Services in Program M00Q01.10 Medicaid 25
183183 Behavioral Health Provider Reimbursement – Medical Care Programs Administration; 26
184184
185185 (ii) Object 08 Contractual Services in Program M00L01.02 27
186186 Community Services – Behavioral Health Administration; and 28
187187
188188 (iii) Object 08 Contractual Services in Program M00L01.03 29
189189 Community Services for Medicaid State Fund Recipients – Behavioral Health 30
190190 Administration. 31
191191
192192 (4) The Governor’s proposed budget for fiscal year 2023 shall include a 32
193193 3.25% rate increase for community providers over the funding provided in the legislative 33
194194 appropriation for the immediately preceding fiscal year for each of the following: 34
195195 HOUSE BILL 549 5
196196
197197
198198 (i) Object 08 Contractual Services in Program M00Q01.10 Medicaid 1
199199 Behavioral Health Provider Reimbursement – Medical Care Programs Administration; 2
200200
201201 (ii) Object 08 Contractual Services in Program M00L01.02 3
202202 Community Services – Behavioral Health Administration; and 4
203203
204204 (iii) Object 08 Contractual Services in Program M00L01.03 5
205205 Community Services for Medicaid State Fund Recipients – Behavioral Health 6
206206 Administration. 7
207207
208208 (5) The Governor’s proposed budget for fiscal year 2024 shall include a 3% 8
209209 rate increase for community providers over the funding provided in the legislative 9
210210 appropriation for the immediately preceding fiscal year for each of the following: 10
211211
212212 (i) Object 08 Contractual Services in Program M00Q01.10 Medicaid 11
213213 Behavioral Health Provider Reimbursement – Medical Care Programs Administration; 12
214214
215215 (ii) Object 08 Contractual Services in Program M00L01.02 13
216216 Community Services – Behavioral Health Administration; and 14
217217
218218 (iii) Object 08 Contractual Services in Program M00L01.03 15
219219 Community Services for Medicaid State Fund Recipients – Behavioral Health 16
220220 Administration. 17
221221
222222 (6) [The Governor’s proposed budget for fiscal year 2025 shall include a 4% 18
223223 rate increase for community providers over the funding provided in the legislative 19
224224 appropriation for the immediately preceding fiscal year for each of the following: 20
225225
226226 (i) Object 08 Contractual Services in Program M00Q01.10 Medicaid 21
227227 Behavioral Health Provider Reimbursement – Medical Care Programs Administration; 22
228228
229229 (ii) Object 08 Contractual Services in Program M00L01.02 23
230230 Community Services – Behavioral Health Administration; and 24
231231
232232 (iii) Object 08 Contractual Services in Program M00L01.03 25
233233 Community Services for Medicaid State Fund Recipients – Behavioral Health 26
234234 Administration. 27
235235
236236 (7) The Governor’s proposed budget for fiscal year 2026 shall include a 4% 28
237237 rate increase for community providers over the funding provided in the legislative 29
238238 appropriation for the immediately preceding fiscal year for each of the following: 30
239239
240240 (i) Object 08 Contractual Services in Program M00Q01.10 Medicaid 31
241241 Behavioral Health Provider Reimbursement – Medical Care Programs Administration; 32
242242
243243 (ii) Object 08 Contractual Services in Program M00L01.02 33
244244 Community Services – Behavioral Health Administration; and 34 6 HOUSE BILL 549
245245
246246
247247
248248 (iii) Object 08 Contractual Services in Program M00L01.03 1
249249 Community Services for Medicaid State Fund Recipients – Behavioral Health 2
250250 Administration. 3
251251
252252 (8)] The Governor’s proposed budget for fiscal year 2019 and each fiscal year 4
253253 thereafter for community providers shall be presented in the same manner, including object 5
254254 and program information, as in the fiscal year 2018 budget. 6
255255
256256 (e) (1) The Behavioral Health Administration and the Medical Care Programs 7
257257 Administration jointly shall: 8
258258
259259 (i) Conduct an independent cost–driven, rate–setting study to set 9
260260 community provider rates for community–based behavioral health services that includes a 10
261261 rate analysis and an impact study tha t considers the actual cost of providing 11
262262 community–based behavioral health services; 12
263263
264264 (ii) Develop and implement a payment system incorporating the 13
265265 findings of the rate–setting study conducted under item (i) of this paragraph, including 14
266266 projected costs of implementation and recommendations to address any potential shortfall 15
267267 in funding; and 16
268268
269269 (iii) Consult with stakeholders, including community providers and 17
270270 individuals receiving services, in conducting the rate–setting study and developing the 18
271271 payment system required by this paragraph. 19
272272
273273 (2) The Administration, on or before September 30, 2019, shall complete 20
274274 the study required under paragraph (1)(i) of this subsection. 21
275275
276276 (3) The Administration shall adopt regulations to implement the payment 22
277277 system required by paragraph (1) of this subsection. 23
278278
279279 (f) If services of community providers are provided through managed care 24
280280 organizations, the managed care organizations shall: 25
281281
282282 (1) Pay the rate in effect during the immediately preceding fiscal year for 26
283283 the first fiscal year the managed care organizations provide the services; and 27
284284
285285 (2) Adjust the rate for community providers each fiscal year by at least the 28
286286 same amount that otherwise would have been required under subsection (d) of this section. 29
287287
288288 (g) Increased funding provided under subsection (d) of this section may be used 30
289289 only to increase the rates paid to: 31
290290
291291 (1) Community providers accredited by a State–approved accrediting body 32
292292 and licensed by the State; and 33
293293 HOUSE BILL 549 7
294294
295295
296296 (2) Health care providers who are acting within the scopes of practice of 1
297297 the health care providers’ licenses or certificates as specified under the Health Occupations 2
298298 Article. 3
299299
300300 (h) (1) On or before December 1, 2018, the Department shall submit an interim 4
301301 report to the Governor and, in accordance with § 2–1257 of the State Government Article, 5
302302 the General Assembly on the delivery system through which community–based behavioral 6
303303 health services should be provided and any preliminary recommendations regarding the 7
304304 payment system required under this section. 8
305305
306306 (2) On or before December 1, 2019, and on or before December 1 each year 9
307307 thereafter, the Department shall submit a report to the Governor and, in accordance with 10
308308 § 2–1257 of the State Government Article, the General Assembly on the impact of the rate 11
309309 adjustments and the payment system required under this section on community providers, 12
310310 including the impact on: 13
311311
312312 (i) The wages and salaries paid and the benefits provided to direct 14
313313 care staff and licensed clinicians employed by community providers; 15
314314
315315 (ii) The tenure and turnover of direct care staff and licensed 16
316316 clinicians employed by community providers; and 17
317317
318318 (iii) The ability of community providers to recruit qualified direct 18
319319 care staff and licensed clinicians. 19
320320
321321 (3) The Department may require a community provider to submit, in the 20
322322 form and manner required by the Department, information that the Department considers 21
323323 necessary for completion of the report required under paragraph (2) of this subsection. 22
324324
325325 16–201.4. 23
326326
327327 (a) (1) In this section the following words have the meanings indicated. 24
328328
329329 (2) “Provider” means a provider of: 25
330330
331331 (i) Nursing home services; 26
332332
333333 (ii) Medical day care services; 27
334334
335335 (iii) Private duty nursing services; 28
336336
337337 (iv) Personal care services; 29
338338
339339 (v) Home– and community–based services; and 30
340340
341341 (vi) Services provided through the Community First Choice program. 31
342342 8 HOUSE BILL 549
343343
344344
345345 (3) “Rate” means the reimbursement rate paid by the Department to 1
346346 providers of nursing home, medical day care, private duty nursing, personal care, and 2
347347 home– and community–based services and services provided through the Community First 3
348348 Choice program from the State General Fund, Maryland Medical Assistance Program 4
349349 funds, other State or federal funds, or a combination of these funds. 5
350350
351351 (b) (1) The Governor’s proposed budget for fiscal year 2021 shall include a 4% 6
352352 rate increase for providers over the funding provided in the legislative appropriation for 7
353353 the immediately preceding fiscal year in Program M00Q01.03 Medical Care Provider 8
354354 Reimbursements – Medical Care Programs Administration and Program M00Q01.07 9
355355 Maryland Children’s Health Program – Medical Care Programs Administration. 10
356356
357357 (2) The Governor’s proposed budget for fiscal year 2022 shall include a 4% 11
358358 rate increase for providers over the funding provided in the legislative appropriation for 12
359359 the immediately preceding fiscal year in Program M00Q01.03 Medical Care Provider 13
360360 Reimbursements – Medical Care Programs Administration and Program M00Q01.07 14
361361 Maryland Children’s Health Program – Medical Care Programs Administration. 15
362362
363363 (3) The Governor’s proposed budget for fiscal year 2023 shall include a 4% 16
364364 rate increase for providers over the funding provided in the legislative appropriation for 17
365365 the immediately preceding fiscal year in Program M00Q01.03 Medical Care Provider 18
366366 Reimbursements – Medical Care Programs Administration and Program M00Q01.07 19
367367 Maryland Children’s Health Program – Medical Care Programs Administration. 20
368368
369369 (4) The Governor’s proposed budget for fiscal year 2024 shall include a 4% 21
370370 rate increase for providers over the funding provided in the legislative appropriation for 22
371371 the immediately preceding fiscal year in Program M00Q01.03 Medical Care Provider 23
372372 Reimbursements – Medical Care Programs Administration and Program M00Q01.07 24
373373 Maryland Children’s Health Program – Medical Care Programs Administration. 25
374374
375375 (5) [The Governor’s proposed budget for fiscal year 2025 shall include a 4% 26
376376 rate increase for providers over the funding provided in the legislative appropriation for 27
377377 the immediately preceding fiscal year in Program M00Q01.03 Medical Care Provider 28
378378 Reimbursements – Medical Care Programs Administration and Program M00Q01.07 29
379379 Maryland Children’s Health Program – Medical Care Programs Administration. 30
380380
381381 (6) The Governor’s proposed budget for fiscal year 2026 shall include a 4% 31
382382 rate increase for providers over the funding provided in the legislative appropriation for 32
383383 the immediately preceding fiscal year in Program M00Q01.03 Medical Care Provider 33
384384 Reimbursements – Medical Care Programs Administration and Program M00Q01.07 34
385385 Maryland Children’s Health Program – Medical Care Programs Administration. 35
386386
387387 (7)] The Governor’s proposed budget for fiscal year 2021 and each fiscal year 36
388388 thereafter shall be presented in the same manner, including object and program 37
389389 information, as in the fiscal year 2020 budget. 38
390390
391391 Article – Labor and Employment 39 HOUSE BILL 549 9
392392
393393
394394
395395 3–413. 1
396396
397397 (a) (1) In this section the following words have the meanings indicated. 2
398398
399399 (2) “CONSUMER PRICE INDEX” MEANS THE CONSUMER PRICE INDEX 3
400400 FOR ALL URBAN CONSUMERS FOR THE WASHINGTON–ARLINGTON–ALEXANDRIA, 4
401401 DC–VA–MD–WV METROPOLITAN AREA OR A SUCCESSOR METROPOL ITAN AREA 5
402402 INDEX PUBLISHED BY T HE FEDERAL BUREAU OF LABOR STATISTICS. 6
403403
404404 (3) “Employer” includes a governmental unit. 7
405405
406406 [(3)] (4) “Small employer” means an employer that employs 14 or fewer 8
407407 employees. 9
408408
409409 (b) Except as provided in subsection (d) of this section and §§ 3–413.1 and 3–414 10
410410 of this subtitle, each employer shall pay: 11
411411
412412 (1) to each employee who is subject to both the federal Act and this subtitle, 12
413413 at least the greater of: 13
414414
415415 (i) the minimum wage for that employee under the federal Act; or 14
416416
417417 (ii) the State minimum wage set under subsection (c) of this section; 15
418418 and 16
419419
420420 (2) to each other employee who is subject to this subtitle, at least the 17
421421 greater of: 18
422422
423423 (i) the highest minimum wage under the federal Act; or 19
424424
425425 (ii) the State minimum wage set under subsection (c) of this section. 20
426426
427427 (c) (1) Subject to § 3–413.1 of this subtitle and except as provided in paragraph 21
428428 (2) of this subsection, the State minimum wage rate is: 22
429429
430430 (i) [for the 12–month period beginning July 1, 2017, $9.25 per hour; 23
431431
432432 (ii) for the 18–month period beginning July 1, 2018, $10.10 per hour; 24
433433
434434 (iii) for the 12–month period beginning January 1, 2020, $11.00 per 25
435435 hour; 26
436436
437437 (iv) for the 12–month period beginning January 1, 2021, $11.75 per 27
438438 hour; 28
439439 10 HOUSE BILL 549
440440
441441
442442 (v) for the 12–month period beginning January 1, 2022, $12.50 per 1
443443 hour; 2
444444
445445 (vi)] for the [12 month] 9–MONTH period beginning January 1, 2023, 3
446446 $13.25 per hour; 4
447447
448448 [(vii) for the 12–month period beginning January 1, 2024, $14.00 per 5
449449 hour; and 6
450450
451451 (viii)] (II) FOR THE 21–MONTH PERIOD beginning [January 1, 7
452452 2025] OCTOBER 1, 2023, $15.00 per hour; AND 8
453453
454454 (III) FOR THE 12–MONTH PERIOD BEGINNI NG JULY 1, 2025, AND 9
455455 EACH SUBSEQUENT 12–MONTH PERIOD , THE RATE D ETERMINED BY THE 10
456456 COMMISSIONER UNDER PA RAGRAPH (2)(II) OF THIS SUBSECTION . 11
457457
458458 (2) (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (III) OF THIS 12
459459 PARAGRAPH , FOR THE 12–MONTH PERIOD BEGINNI NG JULY 1, 2025, AND EACH 13
460460 SUBSEQUENT 12–MONTH PERIOD , THE STATE MINIMUM WAGE RATE SHALL BE 14
461461 INCREASED BY THE AMO UNT, ROUNDED TO THE NEARE ST 5 CENTS, THAT EQUALS 15
462462 THE PRODUCT OF : 16
463463
464464 1. THE STATE MINIMUM WAGE RA TE IN EFFECT FOR THE 17
465465 IMMEDIATELY PRECEDIN G 12–MONTH PERIOD ; AND 18
466466
467467 2. THE LESSER OF: 19
468468
469469 A. THE AVERAGE PERCENTA GE GROWTH IN THE 20
470470 CONSUMER PRICE INDEX FOR THE IMMEDIA TELY PRECEDING 12–MONTH PERIOD , 21
471471 AS DETERMINED BY THE COMMISSIONER UNDER SU BPARAGRAPH (II)1 OF THIS 22
472472 PARAGRAPH ; OR 23
473473
474474 B. 5%. 24
475475
476476 (II) BEGINNING MARCH 1, 2025, AND EACH MARCH 1 25
477477 THEREAFTER , THE COMMISSIONER SHALL D ETERMINE AND ANNOUNC E: 26
478478
479479 1. THE AVERAGE PERCENTA GE GROWTH, IF ANY, IN THE 27
480480 CONSUMER PRICE INDEX BASED ON THE IM MEDIATELY PRECEDING 12–MONTH 28
481481 PERIOD FOR WHICH DAT A ARE AVAILABLE ON MARCH 1; AND 29
482482
483483 2. THE STATE MINIMUM WAGE RA TE EFFECTIVE FOR 30
484484 THE 12–MONTH PERIOD BEGINNING THE FOLLOWING JULY 1. 31
485485 HOUSE BILL 549 11
486486
487487
488488 (III) IF THE COMMISSIONER DETERMIN ES THAT THERE IS A 1
489489 DECLINE OR NO GROWTH IN THE CONSUMER PRICE INDEX, THE STATE MINIMUM 2
490490 WAGE RATE SHALL REMA IN THE SAME AS THE R ATE THAT WAS IN EFFE CT FOR THE 3
491491 IMMEDIATELY PRECEDIN G 12–MONTH PERIOD . 4
492492
493493 [(2)] (3) Subject to § 3–413.1 of this subtitle, the State minimum wage 5
494494 rate for a small employer is: 6
495495
496496 (i) [for the 18–month period beginning July 1, 2018, $10.10 per 7
497497 hour; 8
498498
499499 (ii) for the 12–month period beginning January 1, 2020, $11.00 per 9
500500 hour; 10
501501
502502 (iii) for the 12–month period beginning January 1, 2021, $11.60 per 11
503503 hour; 12
504504
505505 (iv) for the 12–month period beginning January 1, 2022, $12.20 per 13
506506 hour; 14
507507
508508 (v)] for the [12–month] 9–MONTH period beginning January 1, 2023, 15
509509 $12.80 per hour; AND 16
510510
511511 [(vi) for the 12–month period beginning January 1, 2024, $13.40 per 17
512512 hour; 18
513513
514514 (vii) for the 12–month period beginning January 1, 2025, $14.00 per 19
515515 hour; 20
516516
517517 (viii) for the 6–month period beginning January 1, 2026, $14.60 per 21
518518 hour; and 22
519519
520520 (ix)] (II) FOR THE 21–MONTH PERIOD beginning [July 1, 2026] 23
521521 OCTOBER 1, 2023, $15.00 per hour; AND 24
522522
523523 (III) FOR THE 12–MONTH PERIOD BEGINNI NG JULY 1, 2025, AND 25
524524 EACH SUBSEQUENT 12–MONTH PERIOD , EQUIVALENT TO THE STATE MINIMUM 26
525525 WAGE RATE UNDER PARA GRAPH (1)(III) OF THIS SUBSECTION . 27
526526
527527 (d) An employer may pay an employee a wage that equals a rate of 85% of the 28
528528 State minimum wage established under this section if the employee is under the age of 18 29
529529 years. 30
530530
531531 3–413.1. 31
532532
533533 (a) In this section, “Board” means the Board of Public Works. 32 12 HOUSE BILL 549
534534
535535
536536
537537 (b) [(1)] Subject to subsection (d) of this section [and except as provided in 1
538538 paragraph (2) of this subsection], on or before [October 1, 2020] MARCH 1, 2025, and 2
539539 [October] MARCH 1 each year thereafter [until October 1, 2024], the Board shall 3
540540 determine whether the seasonally adjusted total employment from the Current 4
541541 Employment Statistics series as reported by the U.S. Bureau of Labor Statistics for the 5
542542 most recent 6–month period is negative as compared with the immediately preceding 6
543543 6–month period. 7
544544
545545 [(2) The Board is not required to make a determination under paragraph 8
546546 (1) of this subsection if the Board has previously temporarily suspended an increase to the 9
547547 minimum wage rate specified under § 3–413(c) of this subtitle.] 10
548548
549549 (c) (1) Subject to subsection (d) of this section, the Board may temporarily 11
550550 suspend an increase to the minimum wage rate specified under § 3–413(c) of this subtitle 12
551551 if the Board determined under subsection [(b)(1)] (B) of this section that the seasonally 13
552552 adjusted total employment is negative. 14
553553
554554 (2) If the seasonally adjusted total employment is negative, the Board may 15
555555 consider the performance of State revenues in the previous 6 months, as reported by the 16
556556 Office of the Comptroller, in determining whether to temporarily suspend an increase to 17
557557 the minimum wage rate specified under § 3–413(c) of this subtitle. 18
558558
559559 (d) [The Board may temporarily suspend an increase to the minimum wage rate 19
560560 under subsection (c)(1) of this section only one time. 20
561561
562562 (e)] If the Board temporarily suspends an increase to the minimum wage rate 21
563563 specified under § 3–413(c) of this subtitle: 22
564564
565565 (1) the minimum wage rate in effect for the period beginning the following 23
566566 [January] JULY 1 shall remain the same as the rate that was in effect for the immediately 24
567567 preceding 12–month period; 25
568568
569569 (2) the remaining minimum wage rates specified in § 3–413 of this subtitle 26
570570 shall take effect 1 year later than the date specified; AND 27
571571
572572 (3) the Board shall notify the Commissioner that the minimum wage rate 28
573573 increase for the period beginning the following [January] JULY 1 is suspended for 1 year[; 29
574574 and 30
575575
576576 (4) a rate increase under §§ 7–307, 16–201.3, and 16–201.4 of the 31
577577 Health – General Article for the immediately following fiscal year may not go into effect]. 32
578578
579579 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 33
580580 1, 2023. 34
581581