EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0725*
HOUSE BILL 725
J1, J3 3lr1999
CF SB 468
By: Delegate Henson
Introduced and read first time: February 8, 2023
Assigned to: Health and Government Operations
A BILL ENTITLED
AN ACT concerning 1
Maryland Medical Assistance Program, Maryland Children’s Health Program, 2
and Community First Choice Program – Reimbursement of Service Providers 3
FOR the purpose of altering the percentage reimbursement rate increase that is required 4
to be included in the Governor’s proposed budget for a certain fiscal year for providers 5
of certain health care services under the Maryland Medical Assistance Program, the 6
Maryland Children’s Health Program, and the Community First Choice Program; 7
requiring nursing homes to annually submit a certain cost report to the Maryland 8
Department of Health; requiring that a certain percentage of the funding increase 9
for a certain fiscal year be used to fund wage increases for certain workers; and 10
generally relating to the reimbursement of service providers under the Maryland 11
Medical Assistance Program, the Maryland Children’s Health Program, and the 12
Community First Choice Program. 13
BY repealing and reenacting, with amendments, 14
Article – Health – General 15
Section 16–201.4 16
Annotated Code of Maryland 17
(2019 Replacement Volume and 2022 Supplement) 18
BY adding to 19
Article – Health – General 20
Section 16–209 21
Annotated Code of Maryland 22
(2019 Replacement Volume and 2022 Supplement) 23
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 24
That the Laws of Maryland read as follows: 25
Article – Health – General 26
2 HOUSE BILL 725
16–201.4. 1
(a) (1) In this section the following words have the meanings indicated. 2
(2) “Provider” means a provider of: 3
(i) Nursing home services; 4
(ii) Medical day care services; 5
(iii) Private duty nursing services; 6
(iv) Personal care services; 7
(v) Home– and community–based services; and 8
(vi) Services provided through the Community First Choice program. 9
(3) “Rate” means the reimbursement rate paid by the Department to 10
providers of nursing home, medical day care, private duty nursing, personal care, and 11
home– and community–based services and services provided through the Community First 12
Choice program from the State General Fund, Maryland Medical Assistance Program 13
funds, other State or federal funds, or a combination of these funds. 14
(b) (1) The Governor’s proposed budget for fiscal year 2021 shall include a 4% 15
rate increase for providers over the funding provided in the legislative appropriation for 16
the immediately preceding fiscal year in Program M00Q01.03 Medical Care Provider 17
Reimbursements – Medical Care Programs Administration and Program M00Q01.07 18
Maryland Children’s Health Program – Medical Care Programs Administration. 19
(2) The Governor’s proposed budget for fiscal year 2022 shall include a 4% 20
rate increase for providers over the funding provided in the legislative appropriation for 21
the immediately preceding fiscal year in Program M00Q01.03 Medical Care Provider 22
Reimbursements – Medical Care Programs Administration and Program M00Q01.07 23
Maryland Children’s Health Program – Medical Care Programs Administration. 24
(3) The Governor’s proposed budget for fiscal year 2023 shall include a 4% 25
rate increase for providers over the funding provided in the legislative appropriation for 26
the immediately preceding fiscal year in Program M00Q01.03 Medical Care Provider 27
Reimbursements – Medical Care Programs Administration and Program M00Q01.07 28
Maryland Children’s Health Program – Medical Care Programs Administration. 29
(4) The Governor’s proposed budget for fiscal year 2024 shall include a 30
[4%] 10% rate increase for providers over the funding provided in the legislative 31
appropriation for the immediately preceding fiscal year in Program M00Q01.03 Medical 32
Care Provider Reimbursements – Medical Care Programs Administration and Program 33 HOUSE BILL 725 3
M00Q01.07 Maryland Children’s Health Program – Medical Care Programs 1
Administration. 2
(5) The Governor’s proposed budget for fiscal year 2025 shall include a 4% 3
rate increase for providers over the funding provided in the legislative appropriation for 4
the immediately preceding fiscal year in Program M00Q01.03 Medical Care Provider 5
Reimbursements – Medical Care Programs Administration and Program M00Q01.07 6
Maryland Children’s Health Program – Medical Care Programs Administration. 7
(6) The Governor’s proposed budget for fiscal year 2026 shall include a 4% 8
rate increase for providers over the funding provided in the legislative appropriation for 9
the immediately preceding fiscal year in Program M00Q01.03 Medical Care Provider 10
Reimbursements – Medical Care Programs Administration and Program M00Q01.07 11
Maryland Children’s Health Program – Medical Care Programs Administration. 12
(7) The Governor’s proposed budget for fiscal year 2021 and each fiscal year 13
thereafter shall be presented in the same manner, including object and program 14
information, as in the fiscal year 2020 budget. 15
16–209. 16
(A) ON OR BEFORE SEPTEMBER 1 EACH YEAR, BEGINNING IN 2024, EACH 17
NURSING HOME SHALL S UBMIT TO THE DEPARTMENT A COST REP ORT IN THE FORM 18
AND MANNER REQUIRED BY THE DEPARTMENT . 19
(B) THE COST REPORT REQUI RED UNDER SUBSECTION (A) OF THIS SECTION 20
SHALL: 21
(1) INCLUDE: 22
(I) DOCUMENTATION OF WAGE DISBURSEMENT ; AND 23
(II) ANY OTHER INFORMATION THE DEPARTMENT DETERMINES 24
IS APPROPRIATE ; AND 25
(2) BE SIGNED BY AN AUTHO RIZED REPRESENTATIVE OF THE 26
NURSING HOME UNDER P ENALTY OF PERJURY . 27
(C) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE 28
DEPARTMENT MAY TAKE A PPROPRIATE ENFORCEMENT A CTION AGAINST A 29
NURSING HOME IF THE NURSING HOME : 30
(I) FAILS TO SUBMIT A COS T REPORT AS REQUIRED ; 31
4 HOUSE BILL 725
(II) SUBMITS AN INACCURATE , INCOMPLETE , OR INVALID COST 1
REPORT; OR 2
(III) FAILS TO PAY THE WAGE S IN THE AMOUNT REQU IRED. 3
(2) THE ENFORCEMENT ACTIO N THAT THE DEPARTMENT MAY TAKE 4
UNDER PARAGRAPH (1) OF THIS SUBSECTION I NCLUDES: 5
(I) RECOUPMENT BY THE DEPARTMENT OF FUNDING 6
RESULTING FROM THE R EIMBURSEMENT RATE IN CREASE PROVIDED FOR UNDER § 7
16–201.4(B) OF THIS SUBTITLE; 8
(II) IMPOSITION OF A CORRE CTIVE PLAN; 9
(III) SUSPENSION OR TERMINA TION FROM THE PROGRA M; OR 10
(IV) TERMINATION OF LICENS URE. 11
SECTION 2. AND BE IT FURTHER ENACTED, That: 12
(a) (1) 90% of the funding increase provided in the legislative appropriation 13
for fiscal year 2024 for Program M00Q01.03 Medical Care Provider Reimbursements – 14
Medical Care Programs Administration in subsection (b)(4) of § 16 –210.4 of the 15
Health – General Article shall be used to fund wage increases for: 16
(i) health care workers; 17
(ii) staff working in a nursing home who provide direct care to 18
residents; and 19
(iii) support staff in a nursing home who provide direct care to 20
residents including housekeeping, laundry, nutritional, and activities services. 21
(2) Administrative staff and workers who do not provide direct care to 22
residents are not eligible to take part in the wage increase provided for under paragraph 23
(1) of this subsection. 24
(b) Nursing home providers who receive funding increases in accordance with § 25
16–201.4(b)(4) of the Health – General Article, as enacted by Section 1 of this Act, shall 26
document the disbursement of the funds. 27
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect June 28
1, 2023. 29