Maryland 2023 2023 Regular Session

Maryland House Bill HB596 Engrossed / Bill

Filed 03/16/2023

                     
 
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. 
          *hb0596*  
  
HOUSE BILL 596 
R2, J1   	3lr2528 
    	CF SB 511 
By: Delegate Kerr Delegates Kerr, Pena–Melnyk, Cullison, Alston, Bagnall, 
Bhandari, Guzzone, Hill, S. Johnson, Kaiser, R. Lewis, Lopez, Martinez, 
Rosenberg, Taveras, White, and Woods 
Introduced and read first time: February 3, 2023 
Assigned to: Health and Government Operations 
Committee Report: Favorable with amendments 
House action: Adopted 
Read second time: March 7, 2023 
 
CHAPTER ______ 
 
AN ACT concerning 1 
 
Health and Human Services Transportation Improvement Act of 2023 2 
 
FOR the purpose of establishing the Rural Nonemergency Medical Transportation 3 
Program; repealing a certain cap on the amount of grants that may be awarded by 4 
the Maryland Transit Administration under the Maryland Senior Rides Program; 5 
repealing a certain cap on funding for the Job Access and Reverse Commute Program 6 
and requiring the Governor to provide funding for the Rural Nonemergency Medical 7 
Transportation Program in the State budget; establishing the State Coordinating 8 
Committee for Health and Human Services Transportation; and generally relating 9 
to transportation for health and human services in the State.  10 
 
BY adding to 11 
 Article – Health – General 12 
Section 13–4801 through 13–4805 to be under the new subtitle “Subtitle 48. Rural 13 
Nonemergency Medical Transportation Program” 14 
 Annotated Code of Maryland 15 
 (2019 Replacement Volume and 2022 Supplement) 16 
 
BY repealing and reenacting, with amendments, 17 
 Article – Transportation 18 
Section 7–1002 19 
 Annotated Code of Maryland 20 
 (2020 Replacement Volume and 2022 Supplement) 21  2 	HOUSE BILL 596  
 
 
 
BY repealing and reenacting, without amendments, 1 
 Article – Transportation 2 
Section 7–1102 3 
 Annotated Code of Maryland 4 
 (2020 Replacement Volume and 2022 Supplement) 5 
 
BY repealing 6 
 Article – Transportation 7 
Section 7–1107 8 
 Annotated Code of Maryland 9 
 (2020 Replacement Volume and 2022 Supplement) 10 
 
BY adding to 11 
 Article – Transportation 12 
Section 7–1107 and 7–1109 13 
 Annotated Code of Maryland 14 
 (2020 Replacement Volume and 2022 Supplement) 15 
 
 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16 
That the Laws of Maryland read as follows: 17 
 
Article – Health – General 18 
 
SUBTITLE 48. RURAL NONEMERGENCY MEDICAL TRANSPORTATION PROGRAM. 19 
 
13–4801. 20 
 
 (A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 21 
INDICATED. 22 
 
 (B) “ELIGIBLE INDIVIDUAL ” MEANS AN INDIVIDUAL WHO: 23 
 
 (1) DOES NOT QUALIFY TO R ECEIVE STATE OR FEDERAL FUND ING 24 
FOR TRANSPORTATION RELAT ED TO RECEIVING MEDI CAL SERVICES BECAUSE THE 25 
INDIVIDUAL: 26 
 
 (I) RESIDES IN A LOCATION THAT DISQUALIFIES TH E 27 
INDIVIDUAL FROM QUAL IFYING FOR THE FUNDI NG; 28 
 
 (II) OWNS A CAR; 29 
 
 (III) RECEIVED TRANSPORTATI ON FROM A VOLUNTEER , BUT 30 
THE INDIVIDUAL NO LONGER H AS ACCESS TO THAT TR ANSPORTATION ; 31 
   	HOUSE BILL 596 	3 
 
 
 (IV) HAD A MEDICAL PROCEDU RE THAT DOES NOT QUA LIFY THE 1 
INDIVIDUAL FOR THE F UNDING; 2 
 
 (V) HAS A TEMPORARY DISAB ILITY THAT DOES NOT QUALIFY 3 
THE INDIVIDUAL FOR T HE FUNDING; OR 4 
 
 (VI) DOES NOT LIVE WITHIN THE REQUIRED DISTANCE OF A 5 
PUBLIC BUS STOP TO Q UALIFY THE INDIVIDUA L FOR THE FUNDING ;  6 
 
 (2) NEEDS TRANSPORTATION TO OR FROM MEDICAL S ERVICES 7 
WHERE EACH TRIP EITH ER BEGINS OR ENDS IN A RURAL COUNTY ; AND 8 
 
 (3) A HOSPITAL CARE COORDI NATOR DETERMINES HAS A MEDICAL 9 
NEED FOR WHICH THE I NDIVIDUAL REQUIRES T RANSPORTATION SERVIC ES 10 
THROUGH THE PROGRAM. 11 
 
 (C) “HOSPITAL” HAS THE MEANING STAT ED IN § 19–301 OF THIS ARTICLE. 12 
 
 (D) “HOSPITAL CARE COORDIN ATOR” MEANS AN EMPLOYEE OF A HOSPITAL 13 
WHO COORDINATES TRANSPORTATION RELAT ED TO MEDICAL SERVIC ES FOR 14 
ELIGIBLE INDIVIDUALS IN ACCORDANCE WITH T HIS SUBTITLE. 15 
 
 (E) “NONPROFIT ORGANIZATIO N” MEANS AN ORGANIZATIO N THAT: 16 
 
 (1) IS: 17 
 
 (I) DESCRIBED IN § 501(C)(3) OF THE INTERNAL REVENUE 18 
CODE; AND 19 
 
 (II) EXEMPT FROM INCOME TAX UNDE R § 501(A) OF THE 20 
INTERNAL REVENUE CODE; AND 21 
 
 (2) PROVIDES TRANSPORTATI ON SERVICES TO ELIGI	BLE 22 
INDIVIDUALS THROUGH A PROGRAM ADOPTED BY A HOSPITAL. 23 
 
 (F) “PROGRAM” MEANS THE RURAL NONEMERGENCY MEDICAL 24 
TRANSPORTATION PROGRAM. 25 
 
 (G) “RURAL COUNTY” MEANS: 26 
 
 (1) ALLEGANY COUNTY; 27 
 
 (2) CALVERT COUNTY; 28 
 
 (3) CAROLINE COUNTY; 29  4 	HOUSE BILL 596  
 
 
 
 (4) CARROLL COUNTY; 1 
 
 (5) CECIL COUNTY; 2 
 
 (6) CHARLES COUNTY; 3 
 
 (7) DORCHESTER COUNTY; 4 
 
 (8) FREDERICK COUNTY; 5 
 
 (9) GARRETT COUNTY; 6 
 
 (10) HARFORD COUNTY; 7 
 
 (11) KENT COUNTY; 8 
 
 (12) QUEEN ANNE’S COUNTY; 9 
 
 (13) SOMERSET COUNTY; 10 
 
 (14) ST. MARY’S COUNTY; 11 
 
 (15) TALBOT COUNTY; 12 
 
 (16) WASHINGTON COUNTY; 13 
 
 (17) WICOMICO COUNTY; OR 14 
 
 (18) WORCESTER COUNTY. 15 
 
13–4802. 16 
 
 (A) THERE IS A RURAL NONEMERGENCY MEDICAL TRANSPORTATION 17 
PROGRAM. 18 
 
 (B) THE PURPOSE OF THE PROGRAM IS FOR HOSPIT ALS TO COORDINATE 19 
TRANSPORTATION PROVI DED BY A NONPROFIT O RGANIZATION TO OR FR OM 20 
MEDICAL SERVICES FOR ELIGIBLE INDIVIDUALS . 21 
 
13–4803. 22 
 
 (A) A PROGRAM ADOPTED UNDER THIS SUBTITLE SHALL: 23 
   	HOUSE BILL 596 	5 
 
 
 (1) COORDINATE TRANSPORTA TION PROVIDED BY A N ONPROFIT 1 
ORGANIZATION FOR AN ELIGIBLE INDIVIDUAL TO TRAVEL TO OR FROM MEDICAL 2 
SERVICES; 3 
 
 (2) INCLUDE A MONTHLY BUD GET SET BY EACH NONP ROFIT 4 
ORGANIZATION PARTICI PATING IN A PROGRAM ADOPTED BY A HOSPITAL 5 
ESTABLISHING THE TOT AL AMOUNT OF TRANSPO RTATION SERVICES THE 6 
ORGANIZATION WILL PR OVIDE TO ELIGIBLE IN DIVIDUALS WHO ARE PA TIENTS AT 7 
THE HOSPITAL THROUGH THE PROGRAM; AND 8 
 
 (3) PROVIDE INFORMATION T O A NONPROFIT ORGANI ZATION ABOUT 9 
ELIGIBLE INDIVIDUALS THAT THE CARE COORDI NATOR HAS SELECTED T O RECEIVE 10 
TRANSPORTATION SERVI CES THROUGH THE PROGRAM IN A MANNER T HAT 11 
COMPLIES WITH STATE AND FEDERAL PRI VACY LAWS. 12 
 
 (B) A PROGRAM MAY NOT PROVI DE TRANSPORTATION : 13 
 
 (1) TO AN ELIGIBLE INDIVI DUAL FOR MORE THAN 120 DAYS AT A 14 
TIME; OR 15 
 
 (2) TO AN INDIVIDUAL WHO REQUESTS TRANSPORTAT ION BUT DOES 16 
NOT USE THE TRANSPOR TATION PROVIDED ON M ORE THAN ONE OCCASIO N. 17 
 
13–4804. 18 
 
 (A) A HOSPITAL MAY ADOPT A PROGRAM IN ACCORDANCE WITH THIS 19 
SUBTITLE. 20 
 
 (B) IF A HOSPITAL ADOPTS A PROGRAM, THE HOSPITAL SHALL : 21 
 
 (1) CONTRACT WITH A NONPR OFIT ORGANIZATION TO PROVIDE 22 
TRANSPORTATION TO EL IGIBLE INDIVIDUALS W HO ARE PATIENTS AT T HE HOSPITAL 23 
IN ACCORDANCE WITH T HIS SUBTITLE; AND 24 
 
 (2) ESTABLISH AND ADOPT A PROCESS OF NOTIFYING PATIENTS AT 25 
THE HOSPITAL ABOUT S ERVICES AVAILABLE TH ROUGH THE PROGRAM. 26 
 
 (C) A HOSPITAL CARE COORDI NATOR SHALL: 27 
 
 (1) DETERMINE WHICH PATIE NTS OF THE HOSPITAL WHO ARE 28 
INTERESTED IN RECEIV ING TRANSPORTATION S ERVICES THROUGH THE PROGRAM 29 
ARE ELIGIBLE INDIVID UALS; 30 
  6 	HOUSE BILL 596  
 
 
 (2) DETERMINE WHICH ELIGI BLE INDIVIDUALS WILL RECEIVE 1 
TRANSPORTATION THROU GH THE PROGRAM IN ACCORDANCE WITH THE BUDGET 2 
PROVIDED BY THE NONP ROFIT ORGANIZATION ; AND 3 
 
 (3) COORDINATE TRANSPORTA TION FOR AN ELIGIBLE INDIVIDUAL 4 
WHO THE HOSPITAL CAR E COORDINATOR SE LECTS TO RECEIVE TRA NSPORTATION 5 
TO TRAVEL TO AND FRO M RECEIVING MEDICAL SERVICES IN ACCORDAN CE WITH 6 
THIS SUBTITLE. 7 
 
 (D) IF A HOSPITAL ENTERS INTO A CONTRACT WITH A NONPROFIT 8 
ORGANIZATION FOR THE PURPOSES OF PROVIDIN G TRANSPORTATION THR OUGH 9 
THE PROGRAM, A HOSPITAL SHALL REPOR T THE NAME AND CONTA CT INFORMATION 10 
OF THE NONPROFIT ORG ANIZATION TO THE DEPARTMENT WITHIN 30 DAYS AFTER 11 
THE DATE ON WHICH TH E CONTRACT IS SIGNED . 12 
 
13–4805. 13 
 
 (A) IN FISCAL YEAR 2025 AND EACH FISCAL YEAR THEREAFTER , THE 14 
GOVERNOR SHALL INCLUDE IN THE ANNUA L BUDGET BILL AN APP ROPRIATION OF 15 
AT LEAST $1,000,000 TO THE DEPARTMENT FOR THE PU RPOSES OF CARRYING O UT 16 
THIS SUBTITLE. 17 
 
 (B) EACH FISCAL YEAR , THE DEPARTMENT SHALL DIST RIBUTE THE FUNDS 18 
APPROPRIATED UNDER S UBSECTION (A) OF THIS SECTION: 19 
 
 (1) TO EACH NONPROFIT ORG ANIZATION THAT PROVI DES SERVICES 20 
THROUGH THE PROGRAM, AS REPORTED UNDER § 13–4804(D) OF THIS SUBTITLE ; 21 
AND 22 
 
 (2) IN AN AMOUNT PROPORTI	ONAL TO THE NONPROFI	T 23 
ORGANIZATION ’S ESTIMATED ANNUAL B UDGET FOR PROVIDING TRANSPORTATION 24 
UNDER THE PROGRAM. 25 
 
Article – Transportation 26 
 
7–1002. 27 
 
 (a) There is a Maryland Senior Rides Program in the Administration. 28 
 
 (b) The purpose of the Program is to encourage regional providers to provide 29 
door–to–door transportation for low–income to moderate–income seniors. 30 
 
 (c) The Administration shall award grants to qualified Program applicants, as 31 
provided in § 7–1003 of this subtitle, for the operation of transportation services as specified 32 
in this section. 33   	HOUSE BILL 596 	7 
 
 
 
 (d) To be eligible for a grant under § 7–1003 of this subtitle, a Program applicant 1 
shall: 2 
 
 (1) Provide door–to–door transportation for low –income to  3 
moderate–income seniors who have difficulty accessing or using other existing 4 
transportation systems; 5 
 
 (2) Use primarily volunteer drivers who drive their own vehicles; 6 
 
 (3) Use a dispatcher system to respond quickly to requests from 7 
low–income to moderate–income seniors for door–to–door transportation; and 8 
 
 (4) Define a geographic area for which door–to–door transportation is 9 
provided. 10 
 
 (e) A Program participant may provide door–to–door transportation to an eligible 11 
senior who does not reside in the geographic area defined by the Program participant under 12 
subsection (d)(4) of this section when applying to participate in the Program, so long as 13 
service is not diminished to an eligible senior who does reside in the defined geographic 14 
area. 15 
 
 (f) A Program participant shall expend a matching fund of at least 25% of the 16 
total capital or operating costs associated with providing door–to–door transportation for 17 
low–income to moderate–income seniors. 18 
 
 (g) [The Administration may not award more than $500,000 in grants per year. 19 
 
 (h)] A Program participant may charge reasonable fees for door –to–door 20 
transportation provided by the Program participant. 21 
 
 [(i)] (H) Nothing in this section prohibits a Program participant from providing 22 
services in addition to those described in subsection (d) of this section. 23 
 
7–1102. 24 
 
 There is a Job Access and Reverse Commute Program in the Administration. 25 
 
[7–1107. 26 
 
 Funds for the Program shall be as provided by the Governor in the State budget, not 27 
to exceed $400,000 annually.] 28 
 
7–1107. 29 
  8 	HOUSE BILL 596  
 
 
 THE GOVERNOR SHALL PROVID E FUNDING FOR THE PROGRAM IN THE STATE 1 
BUDGET. 2 
 
7–1109. 3 
 
 (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEA NINGS 4 
INDICATED. 5 
 
 (2) “STATE AGENCY ” MEANS AN EXECUTIVE D EPARTMENT , AGENCY, 6 
OR OFFICE OF THE STATE. 7 
 
 (3) “TRANSPORTATION –DISADVANTAGED ” MEANS AN INDIVIDUAL 8 
WHO QUALIFIES FOR FE DERALLY CONDUCTED OR FEDERALLY ASSISTED 9 
TRANSPORTATION –RELATED PROGRAMS OR S ERVICES, AS IMPLEMENTED AND 10 
COORDINATED BY A STATE AGENCY , DUE TO DISABILITY , INCOME, OR ADVANCED 11 
AGE. 12 
 
 (B) THERE IS A STATE COORDINATING COMMITTEE FOR HEALTH AND 13 
HUMAN SERVICES TRANSPORTATION . 14 
 
 (C) THE COMMITTEE CONSISTS OF THE FOLLOWING MEMBERS : 15 
 
 (1) THE SECRETARY, OR THE SECRETARY’S DESIGNEE; 16 
 
 (2) THE SECRETARY OF HUMAN SERVICES, OR THE SECRETARY’S 17 
DESIGNEE; 18 
 
 (3) THE SECRETARY OF HEALTH, OR THE SECRETARY’S DESIGNEE; 19 
 
 (4) THE SECRETARY OF AGING, OR THE SECRETARY’S DESIGNEE; 20 
 
 (5) THE SECRETARY OF DISABILITIES, OR THE SECRETARY’S 21 
DESIGNEE; 22 
 
 (6) THE SECRETARY OF HOUSING AND COMMUNITY DEVELOPMENT , 23 
OR THE SECRETARY’S DESIGNEE; 24 
 
 (7) THE SECRETARY OF PLANNING, OR THE SECRETARY’S DESIGNEE; 25 
 
 (8) THE SECRETARY OF VETERANS AFFAIRS, OR THE SECRETARY’S 26 
DESIGNEE; 27 
 
 (9) THE SECRETARY OF LABOR, OR THE SECRETARY’S DESIGNEE; 28 
   	HOUSE BILL 596 	9 
 
 
 (10) THE DIRECTOR OF THE GOVERNOR’S OFFICE FOR THE DEAF AND 1 
HARD OF HEARING, OR THE DIRECTOR’S DESIGNEE; 2 
 
 (11) THE EXECUTIVE DIRECTOR OF THE MARYLAND 3 
DEVELOPME NTAL DISABILITIES COUNCIL, OR THE EXECUTIVE DIRECTOR’S 4 
DESIGNEE; 5 
 
 (12) THE EXECUTIVE BOARD CHAIR OF THE RURAL MARYLAND 6 
COUNCIL, OR THE EXECUTIVE BOARD CHAIR’S DESIGNEE; AND 7 
 
 (13) ANY ADDITIONAL MEMBER S RECOMMENDED BY THE CHAIR OF 8 
THE COMMITTEE AND APPO INTED BY THE GOVERNOR TO PROVIDE I NPUT FROM 9 
LOCAL GOVERNMENTS , EMPLOYERS , AGENCIES, AND ORGANIZATIONS SE RVING 10 
PRIORITY POPULATIONS , TRANSPORTATION PROVI DERS, AND CONSUMERS FROM 11 
PRIORITY POPULATIONS .  12 
 
 (D) (1) THE APPOINTED MEMBERS SERVE AT THE PLEASUR E OF THE 13 
GOVERNOR. 14 
 
 (2) THE TERM OF AN APPOIN TED MEMBER IS 3 YEARS. 15 
 
 (3) THE GOVERNOR MAY STAGGER THE TERMS OF THE APP OINTED 16 
MEMBERS. 17 
 
 (E) THE SECRETARY, OR THE DESIGNEE OF T HE SECRETARY, SHALL CHAIR 18 
THE COMMITTEE. 19 
 
 (F) THE DEPARTMENT SHALL PROV IDE STAFF FOR THE COMMITTEE. 20 
 
 (G) A MEMBER OF THE COMMITTEE: 21 
 
 (1) MAY NOT RECEIVE COMPE NSATION AS A MEMBER OF THE 22 
COMMITTEE; BUT 23 
 
 (2) IS ENTITLED TO REIMBU RSEMENT FOR EXPENSES UNDER THE 24 
STANDARD STATE TRAVEL REGULATIONS, AS PROVIDED IN THE STATE BUDGET . 25 
 
 (H) THE COMMITTEE SHALL :  26 
 
 (1) EXAMINE THE TRANSPORT ATION NEEDS OF RESID ENTS OF THE 27 
STATE WHO: 28 
 
 (I) ARE ELDERLY; 29 
  10 	HOUSE BILL 596  
 
 
 (II) HAVE A DISABILITY; OR 1 
 
 (III) REQUIRE TRANSPORTATIO N TO ACCESS JOBS , MEDICAL 2 
AND OTHER HEALTH –RELATED APPOINTMENTS , SENIOR CITIZEN PROGRAMS, OR 3 
OTHER PROGRAMS REQUI RING THE TRANSPORTAT ION OF INDIVIDUALS W HO 4 
QUALIFY AS TRANSPORT ATION–DISADVANTAGED ; 5 
 
 (2) COORDINATE EFFORTS IN THE STATE TO PROVIDE QUAL ITY 6 
HEALTH AND HUMAN SER VICES TRANSPORTATION SERVICES BY WORKING WITH 7 
APPROPRIATE FED ERAL, STATE, AND LOCAL AGENCIES , TRANSIT CONSUMERS , AND 8 
TRANSPORTATION PROVI DERS, TO DEVELOP A COOPERA TIVE AND COORDINATED 9 
HEALTH AND HUMAN SER VICES TRANSPORTATION SYSTEM; 10 
 
 (3) CONDUCT AN INVENTORY AND ASSESSMENT OF HE ALTH AND 11 
HUMAN SERVICES TRANS PORTATION PROVIDERS IN THE STATE; 12 
 
 (4) DEVISE A 5–YEAR HEALTH AND HUMA	N SERVICES 13 
TRANSPORTATION PLAN THAT SETS GOALS AND 	OBJECTIVES TO HELP 14 
TRANSPORTATION –DISADVANTAGED RESIDE NTS OF THE STATE ACCESS JOBS , 15 
EDUCATION AND TRAINI NG PROGRAMS , HEALTH CARE SERVICES , AND OTHER 16 
ACTIVITIES BY PROVID ING COST–EFFECTIVE, AFFORDABLE , HIGH–CAPACITY,  17 
HIGH–QUALITY, EASILY UNDERSTOOD , AND SAFE AND ACCESSI	BLE 18 
TRANSPORTATION ; AND 19 
 
 (5) (I) SERVE AS THE CLEARING HOUSE FOR HEALTH AND HUMAN 20 
SERVICES TRANSPORTAT ION COORDINATION ISS UES IN THE STATE; 21 
 
 (II) IDENTIFY A ND FACILITATE RESOLU TION TO ISSUES 22 
REGARDING HEALTH AND HUMAN SERVICES TRANS PORTATION, BOTH LOCALLY AND 23 
STATEWIDE; 24 
 
 (III) PARTICIPATE IN THE ID ENTIFICATION OF POTE NTIAL 25 
ALLOCATIONS OF HEALT H AND HUMAN SERVICES TRANSPORTATION RESOU RCES 26 
DURING EMERGENCY E VACUATIONS; 27 
 
 (IV) EVALUATE COST –SAVING MEASURES ; 28 
 
 (V) INVESTIGATE THE NEED FOR THE ESTABLISHMEN T OF 29 
STANDARDS FOR VEHICL ES AND DRIVERS WITHI N HEALTH AND HUMAN S ERVICES 30 
TRANSPORTATION PROGR AMS; AND 31 
 
 (VI) EXAMINE OTHER APPROPR IATE AREAS TO FACILI TATE THE 32 
DEVELOPMENT OF A QUA LITY HEALTH AND HUMA N SERVICES TRANSPORT ATION 33 
SYSTEM IN THE STATE. 34   	HOUSE BILL 596 	11 
 
 
 
 (I) ON OR BEFORE SEPTEMBER 1 EACH YEAR, THE COMMITTEE SHALL 1 
REPORT ON ITS ACTIVI TIES TO THE GOVERNOR AND , IN ACCORDANCE WITH § 2–1257 2 
OF THE STATE GOVERNMENT ARTICLE, THE GENERAL ASSEMBLY. 3 
 
 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 4 
October 1, 2023. 5 
 
 
 
 
 
Approved: 
________________________________________________________________________________  
 Governor. 
________________________________________________________________________________  
  Speaker of the House of Delegates. 
________________________________________________________________________________  
         President of the Senate.