Maryland 2023 Regular Session

Maryland House Bill HB725 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	hb0725
6	6
7	7	HOUSE BILL 725
8	8	J1, J3 3lr1999
9	9	CF SB 468
10	10	By: Delegate Henson
11	11	Introduced and read first time: February 8, 2023
12	12	Assigned to: Health and Government Operations
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Maryland Medical Assistance Program, Maryland Children’s Health Program, 2
19	19	and Community First Choice Program – Reimbursement of Service Providers 3
20	20
21	21	FOR the purpose of altering the percentage reimbursement rate increase that is required 4
22	22	to be included in the Governor’s proposed budget for a certain fiscal year for providers 5
23	23	of certain health care services under the Maryland Medical Assistance Program, the 6
24	24	Maryland Children’s Health Program, and the Community First Choice Program; 7
25	25	requiring nursing homes to annually submit a certain cost report to the Maryland 8
26	26	Department of Health; requiring that a certain percentage of the funding increase 9
27	27	for a certain fiscal year be used to fund wage increases for certain workers; and 10
28	28	generally relating to the reimbursement of service providers under the Maryland 11
29	29	Medical Assistance Program, the Maryland Children’s Health Program, and the 12
30	30	Community First Choice Program. 13
31	31
32	32	BY repealing and reenacting, with amendments, 14
33	33	Article – Health – General 15
34	34	Section 16–201.4 16
35	35	Annotated Code of Maryland 17
36	36	(2019 Replacement Volume and 2022 Supplement) 18
37	37
38	38	BY adding to 19
39	39	Article – Health – General 20
40	40	Section 16–209 21
41	41	Annotated Code of Maryland 22
42	42	(2019 Replacement Volume and 2022 Supplement) 23
43	43
44	44	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 24
45	45	That the Laws of Maryland read as follows: 25
46	46
47	47	Article – Health – General 26
48	48	2 HOUSE BILL 725
49	49
50	50
51	51	16–201.4. 1
52	52
53	53	(a) (1) In this section the following words have the meanings indicated. 2
54	54
55	55	(2) “Provider” means a provider of: 3
56	56
57	57	(i) Nursing home services; 4
58	58
59	59	(ii) Medical day care services; 5
60	60
61	61	(iii) Private duty nursing services; 6
62	62
63	63	(iv) Personal care services; 7
64	64
65	65	(v) Home– and community–based services; and 8
66	66
67	67	(vi) Services provided through the Community First Choice program. 9
68	68
69	69	(3) “Rate” means the reimbursement rate paid by the Department to 10
70	70	providers of nursing home, medical day care, private duty nursing, personal care, and 11
71	71	home– and community–based services and services provided through the Community First 12
72	72	Choice program from the State General Fund, Maryland Medical Assistance Program 13
73	73	funds, other State or federal funds, or a combination of these funds. 14
74	74
75	75	(b) (1) The Governor’s proposed budget for fiscal year 2021 shall include a 4% 15
76	76	rate increase for providers over the funding provided in the legislative appropriation for 16
77	77	the immediately preceding fiscal year in Program M00Q01.03 Medical Care Provider 17
78	78	Reimbursements – Medical Care Programs Administration and Program M00Q01.07 18
79	79	Maryland Children’s Health Program – Medical Care Programs Administration. 19
80	80
81	81	(2) The Governor’s proposed budget for fiscal year 2022 shall include a 4% 20
82	82	rate increase for providers over the funding provided in the legislative appropriation for 21
83	83	the immediately preceding fiscal year in Program M00Q01.03 Medical Care Provider 22
84	84	Reimbursements – Medical Care Programs Administration and Program M00Q01.07 23
85	85	Maryland Children’s Health Program – Medical Care Programs Administration. 24
86	86
87	87	(3) The Governor’s proposed budget for fiscal year 2023 shall include a 4% 25
88	88	rate increase for providers over the funding provided in the legislative appropriation for 26
89	89	the immediately preceding fiscal year in Program M00Q01.03 Medical Care Provider 27
90	90	Reimbursements – Medical Care Programs Administration and Program M00Q01.07 28
91	91	Maryland Children’s Health Program – Medical Care Programs Administration. 29
92	92
93	93	(4) The Governor’s proposed budget for fiscal year 2024 shall include a 30
94	94	[4%] 10% rate increase for providers over the funding provided in the legislative 31
95	95	appropriation for the immediately preceding fiscal year in Program M00Q01.03 Medical 32
96	96	Care Provider Reimbursements – Medical Care Programs Administration and Program 33 HOUSE BILL 725 3
97	97
98	98
99	99	M00Q01.07 Maryland Children’s Health Program – Medical Care Programs 1
100	100	Administration. 2
101	101
102	102	(5) The Governor’s proposed budget for fiscal year 2025 shall include a 4% 3
103	103	rate increase for providers over the funding provided in the legislative appropriation for 4
104	104	the immediately preceding fiscal year in Program M00Q01.03 Medical Care Provider 5
105	105	Reimbursements – Medical Care Programs Administration and Program M00Q01.07 6
106	106	Maryland Children’s Health Program – Medical Care Programs Administration. 7
107	107
108	108	(6) The Governor’s proposed budget for fiscal year 2026 shall include a 4% 8
109	109	rate increase for providers over the funding provided in the legislative appropriation for 9
110	110	the immediately preceding fiscal year in Program M00Q01.03 Medical Care Provider 10
111	111	Reimbursements – Medical Care Programs Administration and Program M00Q01.07 11
112	112	Maryland Children’s Health Program – Medical Care Programs Administration. 12
113	113
114	114	(7) The Governor’s proposed budget for fiscal year 2021 and each fiscal year 13
115	115	thereafter shall be presented in the same manner, including object and program 14
116	116	information, as in the fiscal year 2020 budget. 15
117	117
118	118	16–209. 16
119	119
120	120	(A) ON OR BEFORE SEPTEMBER 1 EACH YEAR, BEGINNING IN 2024, EACH 17
121	121	NURSING HOME SHALL S UBMIT TO THE DEPARTMENT A COST REP ORT IN THE FORM 18
122	122	AND MANNER REQUIRED BY THE DEPARTMENT . 19
123	123
124	124	(B) THE COST REPORT REQUI RED UNDER SUBSECTION (A) OF THIS SECTION 20
125	125	SHALL: 21
126	126
127	127	(1) INCLUDE: 22
128	128
129	129	(I) DOCUMENTATION OF WAGE DISBURSEMENT ; AND 23
130	130
131	131	(II) ANY OTHER INFORMATION THE DEPARTMENT DETERMINES 24
132	132	IS APPROPRIATE ; AND 25
133	133
134	134	(2) BE SIGNED BY AN AUTHO RIZED REPRESENTATIVE OF THE 26
135	135	NURSING HOME UNDER P ENALTY OF PERJURY . 27
136	136
137	137	(C) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE 28
138	138	DEPARTMENT MAY TAKE A PPROPRIATE ENFORCEMENT A CTION AGAINST A 29
139	139	NURSING HOME IF THE NURSING HOME : 30
140	140
141	141	(I) FAILS TO SUBMIT A COS T REPORT AS REQUIRED ; 31
142	142	4 HOUSE BILL 725
143	143
144	144
145	145	(II) SUBMITS AN INACCURATE , INCOMPLETE , OR INVALID COST 1
146	146	REPORT; OR 2
147	147
148	148	(III) FAILS TO PAY THE WAGE S IN THE AMOUNT REQU IRED. 3
149	149
150	150	(2) THE ENFORCEMENT ACTIO N THAT THE DEPARTMENT MAY TAKE 4
151	151	UNDER PARAGRAPH (1) OF THIS SUBSECTION I NCLUDES: 5
152	152
153	153	(I) RECOUPMENT BY THE DEPARTMENT OF FUNDING 6
154	154	RESULTING FROM THE R EIMBURSEMENT RATE IN CREASE PROVIDED FOR UNDER § 7
155	155	16–201.4(B) OF THIS SUBTITLE; 8
156	156
157	157	(II) IMPOSITION OF A CORRE CTIVE PLAN; 9
158	158
159	159	(III) SUSPENSION OR TERMINA TION FROM THE PROGRA M; OR 10
160	160
161	161	(IV) TERMINATION OF LICENS URE. 11
162	162
163	163	SECTION 2. AND BE IT FURTHER ENACTED, That: 12
164	164
165	165	(a) (1) 90% of the funding increase provided in the legislative appropriation 13
166	166	for fiscal year 2024 for Program M00Q01.03 Medical Care Provider Reimbursements – 14
167	167	Medical Care Programs Administration in subsection (b)(4) of § 16 –210.4 of the 15
168	168	Health – General Article shall be used to fund wage increases for: 16
169	169
170	170	(i) health care workers; 17
171	171
172	172	(ii) staff working in a nursing home who provide direct care to 18
173	173	residents; and 19
174	174
175	175	(iii) support staff in a nursing home who provide direct care to 20
176	176	residents including housekeeping, laundry, nutritional, and activities services. 21
177	177
178	178	(2) Administrative staff and workers who do not provide direct care to 22
179	179	residents are not eligible to take part in the wage increase provided for under paragraph 23
180	180	(1) of this subsection. 24
181	181
182	182	(b) Nursing home providers who receive funding increases in accordance with § 25
183	183	16–201.4(b)(4) of the Health – General Article, as enacted by Section 1 of this Act, shall 26
184	184	document the disbursement of the funds. 27
185	185
186	186	SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect June 28
187	187	1, 2023. 29
188	188