Maryland 2023 Regular Session

Maryland Senate Bill SB468 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	sb0468
6	6
7	7	SENATE BILL 468
8	8	J1, J3 3lr1820
9	9	CF 3lr1999
10	10	By: Senator Rosapepe
11	11	Introduced and read first time: February 3, 2023
12	12	Assigned to: Budget and Taxation
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Funding for Wage Increases for Medical Provider Workers 2
19	19
20	20	FOR the purpose of altering the percentage reimbursement rate increase that is required 3
21	21	to be included in the Governor’s proposed budget for a certain fiscal year for providers 4
22	22	of certain health care services under the Maryland Medical Assistance Program, the 5
23	23	Maryland Children’s Health Program, and the Community First Choice Program; 6
24	24	requiring nursing homes to annually submit a certain cost report to the Maryland 7
25	25	Department of Health; requiring that a certain percentage of the funding increase 8
26	26	for a certain fiscal year be used to fund wage increases for certain workers; and 9
27	27	generally relating to the reimbursement of service providers under the Maryland 10
28	28	Medical Assistance Program, the Maryland Children’s Health Program, and the 11
29	29	Community First Choice Program. 12
30	30
31	31	BY repealing and reenacting, with amendments, 13
32	32	Article – Health – General 14
33	33	Section 16–201.4 15
34	34	Annotated Code of Maryland 16
35	35	(2019 Replacement Volume and 2022 Supplement) 17
36	36
37	37	BY adding to 18
38	38	Article – Health – General 19
39	39	Section 16–209 20
40	40	Annotated Code of Maryland 21
41	41	(2019 Replacement Volume and 2022 Supplement) 22
42	42
43	43	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 23
44	44	That the Laws of Maryland read as follows: 24
45	45
46	46	Article – Health – General 25
47	47
48	48	16–201.4. 26 2 SENATE BILL 468
49	49
50	50
51	51
52	52	(a) (1) In this section the following words have the meanings indicated. 1
53	53
54	54	(2) “Provider” means a provider of: 2
55	55
56	56	(i) Nursing home services; 3
57	57
58	58	(ii) Medical day care services; 4
59	59
60	60	(iii) Private duty nursing services; 5
61	61
62	62	(iv) Personal care services; 6
63	63
64	64	(v) Home– and community–based services; and 7
65	65
66	66	(vi) Services provided through the Community First Choice program. 8
67	67
68	68	(3) “Rate” means the reimbursement rate paid by the Department to 9
69	69	providers of nursing home, medical day care, private duty nursing, personal care, and 10
70	70	home– and community–based services and services provided through the Community First 11
71	71	Choice program from the State General Fund, Maryland Medical Assistance Program 12
72	72	funds, other State or federal funds, or a combination of these funds. 13
73	73
74	74	(b) (1) The Governor’s proposed budget for fiscal year 2021 shall include a 4% 14
75	75	rate increase for providers over the funding provided in the legislative appropriation for 15
76	76	the immediately preceding fiscal year in Program M00Q01.03 Medical Care Provider 16
77	77	Reimbursements – Medical Care Programs Administration and Program M00Q01.07 17
78	78	Maryland Children’s Health Program – Medical Care Programs Administration. 18
79	79
80	80	(2) The Governor’s proposed budget for fiscal year 2022 shall include a 4% 19
81	81	rate increase for providers over the funding provided in the legislative appropriation for 20
82	82	the immediately preceding fiscal year in Program M00Q01.03 Medical Care Provider 21
83	83	Reimbursements – Medical Care Programs Administration and Program M00Q01.07 22
84	84	Maryland Children’s Health Program – Medical Care Programs Administration. 23
85	85
86	86	(3) The Governor’s proposed budget for fiscal year 2023 shall include a 4% 24
87	87	rate increase for providers over the funding provided in the legislative appropriation for 25
88	88	the immediately preceding fiscal year in Program M00Q01.03 Medical Care Provider 26
89	89	Reimbursements – Medical Care Programs Administration and Program M00Q01.07 27
90	90	Maryland Children’s Health Program – Medical Care Programs Administration. 28
91	91
92	92	(4) The Governor’s proposed budget for fiscal year 2024 shall include a 29
93	93	[4%] 10% rate increase for providers over the funding provided in the legislative 30
94	94	appropriation for the immediately preceding fiscal year in Program M00Q01.03 Medical 31
95	95	Care Provider Reimbursements – Medical Care Programs Administration and Program 32
96	96	M00Q01.07 Maryland Children’s Health Program – Medical Care Programs 33
97	97	Administration. 34 SENATE BILL 468 3
98	98
99	99
100	100
101	101	(5) The Governor’s proposed budget for fiscal year 2025 shall include a 4% 1
102	102	rate increase for providers over the funding provided in the legislative appropriation for 2
103	103	the immediately preceding fiscal year in Program M00Q01.03 Medical Care Provider 3
104	104	Reimbursements – Medical Care Programs Administration and Program M00Q01.07 4
105	105	Maryland Children’s Health Program – Medical Care Programs Administration. 5
106	106
107	107	(6) The Governor’s proposed budget for fiscal year 2026 shall include a 4% 6
108	108	rate increase for providers over the funding provided in the legislative appropriation for 7
109	109	the immediately preceding fiscal year in Program M00Q01.03 Medical Care Provider 8
110	110	Reimbursements – Medical Care Programs Administration and Program M00Q01.07 9
111	111	Maryland Children’s Health Program – Medical Care Programs Administration. 10
112	112
113	113	(7) The Governor’s proposed budget for fiscal year 2021 and each fiscal year 11
114	114	thereafter shall be presented in the same manner, including object and program 12
115	115	information, as in the fiscal year 2020 budget. 13
116	116
117	117	16–209. 14
118	118
119	119	(A) ON OR BEFORE SEPTEMBER 1 EACH YEAR, BEGINNING IN 2024, EACH 15
120	120	NURSING HOME SHALL S UBMIT TO THE DEPARTMENT A COST REP ORT IN THE FORM 16
121	121	AND MANNER REQUIRED BY THE DEPARTMENT . 17
122	122
123	123	(B) THE COST REPORT REQUI RED UNDER SUBSECTION (A) OF THIS SECTION 18
124	124	SHALL: 19
125	125
126	126	(1) INCLUDE: 20
127	127
128	128	(I) DOCUMENTATION OF WAGE DISBURSEMENT ; AND 21
129	129
130	130	(II) ANY OTHER INFORMATION THE DEPARTMENT DETERMINES 22
131	131	IS APPROPRIATE ; AND 23
132	132
133	133	(2) BE SIGNED BY AN AUTHO RIZED REPRESENTATIVE OF THE 24
134	134	NURSING HOME UNDER P ENALTY OF PERJURY . 25
135	135
136	136	(C) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE 26
137	137	DEPARTMENT MAY TAKE A PPROPRIATE ENFORCEME NT ACTION AGAINST A 27
138	138	NURSING HOME IF THE NURSING HOME : 28
139	139
140	140	(I) FAILS TO SUBMIT A COS T REPORT AS REQUIRED ; 29
141	141
142	142	(II) SUBMITS AN INACCURATE , INCOMPLETE , OR INVALID COST 30
143	143	REPORT; OR 31
144	144	4 SENATE BILL 468
145	145
146	146
147	147	(III) FAILS TO PAY THE WAGE S IN THE AMOUNT REQU IRED. 1
148	148
149	149	(2) THE ENFORCEMENT ACTION THAT THE DEPARTMENT MAY TAKE 2
150	150	UNDER PARAGRAPH (1) OF THIS SUBSECTION INCLUDES: 3
151	151
152	152	(I) RECOUPMENT BY THE DEPARTMENT OF FUNDING 4
153	153	RESULTING FROM THE R EIMBURSEMENT RATE IN CREASE PROVIDED FOR UNDER § 5
154	154	16–201.4(B) OF THIS SUBTITLE; 6
155	155
156	156	(II) IMPOSITION OF A CORRE CTIVE PLAN; 7
157	157
158	158	(III) SUSPENSION OR TERMINATION FR OM THE PROGRAM ; OR 8
159	159
160	160	(IV) TERMINATION OF LICENS URE. 9
161	161
162	162	SECTION 2. AND BE IT FURTHER ENACTED, That: 10
163	163
164	164	(a) (1) 90% of the funding increase provided in the legislative appropriation 11
165	165	for fiscal year 2024 for Program M00Q01.03 Medical Care Provider Reimbursements – 12
166	166	Medical Care Programs Administration in subsection (b)(4) of § 16–210.4 of the 13
167	167	Health – General Article shall be used to fund wage increases for: 14
168	168
169	169	(i) health care workers; 15
170	170
171	171	(ii) staff working in a nursing home who provide direct care to 16
172	172	residents; and 17
173	173
174	174	(iii) support staff in a nursing home who provide direct care to 18
175	175	residents including housekeeping, laundry, nutritional, and activities services. 19
176	176
177	177	(2) Administrative staff and workers who do not provide direct care to 20
178	178	residents are not eligible to take part in the wage increase provided for under paragraph 21
179	179	(1) of this subsection. 22
180	180
181	181	(b) Nursing home providers who receive funding increases in accordance with § 23
182	182	16–201.4(b)(4) of the Health – General Article, as enacted by Section 1 of this Act, shall 24
183	183	document the disbursement of the funds. 25
184	184
185	185	SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect June 26
186	186	1, 2023. 27