EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0468*
SENATE BILL 468
J1, J3 3lr1820
CF 3lr1999
By: Senator Rosapepe
Introduced and read first time: February 3, 2023
Assigned to: Budget and Taxation
A BILL ENTITLED
AN ACT concerning 1
Funding for Wage Increases for Medical Provider Workers 2
FOR the purpose of altering the percentage reimbursement rate increase that is required 3
to be included in the Governor’s proposed budget for a certain fiscal year for providers 4
of certain health care services under the Maryland Medical Assistance Program, the 5
Maryland Children’s Health Program, and the Community First Choice Program; 6
requiring nursing homes to annually submit a certain cost report to the Maryland 7
Department of Health; requiring that a certain percentage of the funding increase 8
for a certain fiscal year be used to fund wage increases for certain workers; and 9
generally relating to the reimbursement of service providers under the Maryland 10
Medical Assistance Program, the Maryland Children’s Health Program, and the 11
Community First Choice Program. 12
BY repealing and reenacting, with amendments, 13
Article – Health – General 14
Section 16–201.4 15
Annotated Code of Maryland 16
(2019 Replacement Volume and 2022 Supplement) 17
BY adding to 18
Article – Health – General 19
Section 16–209 20
Annotated Code of Maryland 21
(2019 Replacement Volume and 2022 Supplement) 22
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 23
That the Laws of Maryland read as follows: 24
Article – Health – General 25
16–201.4. 26 2 SENATE BILL 468
(a) (1) In this section the following words have the meanings indicated. 1
(2) “Provider” means a provider of: 2
(i) Nursing home services; 3
(ii) Medical day care services; 4
(iii) Private duty nursing services; 5
(iv) Personal care services; 6
(v) Home– and community–based services; and 7
(vi) Services provided through the Community First Choice program. 8
(3) “Rate” means the reimbursement rate paid by the Department to 9
providers of nursing home, medical day care, private duty nursing, personal care, and 10
home– and community–based services and services provided through the Community First 11
Choice program from the State General Fund, Maryland Medical Assistance Program 12
funds, other State or federal funds, or a combination of these funds. 13
(b) (1) The Governor’s proposed budget for fiscal year 2021 shall include a 4% 14
rate increase for providers over the funding provided in the legislative appropriation for 15
the immediately preceding fiscal year in Program M00Q01.03 Medical Care Provider 16
Reimbursements – Medical Care Programs Administration and Program M00Q01.07 17
Maryland Children’s Health Program – Medical Care Programs Administration. 18
(2) The Governor’s proposed budget for fiscal year 2022 shall include a 4% 19
rate increase for providers over the funding provided in the legislative appropriation for 20
the immediately preceding fiscal year in Program M00Q01.03 Medical Care Provider 21
Reimbursements – Medical Care Programs Administration and Program M00Q01.07 22
Maryland Children’s Health Program – Medical Care Programs Administration. 23
(3) The Governor’s proposed budget for fiscal year 2023 shall include a 4% 24
rate increase for providers over the funding provided in the legislative appropriation for 25
the immediately preceding fiscal year in Program M00Q01.03 Medical Care Provider 26
Reimbursements – Medical Care Programs Administration and Program M00Q01.07 27
Maryland Children’s Health Program – Medical Care Programs Administration. 28
(4) The Governor’s proposed budget for fiscal year 2024 shall include a 29
[4%] 10% rate increase for providers over the funding provided in the legislative 30
appropriation for the immediately preceding fiscal year in Program M00Q01.03 Medical 31
Care Provider Reimbursements – Medical Care Programs Administration and Program 32
M00Q01.07 Maryland Children’s Health Program – Medical Care Programs 33
Administration. 34 SENATE BILL 468 3
(5) The Governor’s proposed budget for fiscal year 2025 shall include a 4% 1
rate increase for providers over the funding provided in the legislative appropriation for 2
the immediately preceding fiscal year in Program M00Q01.03 Medical Care Provider 3
Reimbursements – Medical Care Programs Administration and Program M00Q01.07 4
Maryland Children’s Health Program – Medical Care Programs Administration. 5
(6) The Governor’s proposed budget for fiscal year 2026 shall include a 4% 6
rate increase for providers over the funding provided in the legislative appropriation for 7
the immediately preceding fiscal year in Program M00Q01.03 Medical Care Provider 8
Reimbursements – Medical Care Programs Administration and Program M00Q01.07 9
Maryland Children’s Health Program – Medical Care Programs Administration. 10
(7) The Governor’s proposed budget for fiscal year 2021 and each fiscal year 11
thereafter shall be presented in the same manner, including object and program 12
information, as in the fiscal year 2020 budget. 13
16–209. 14
(A) ON OR BEFORE SEPTEMBER 1 EACH YEAR, BEGINNING IN 2024, EACH 15
NURSING HOME SHALL S UBMIT TO THE DEPARTMENT A COST REP ORT IN THE FORM 16
AND MANNER REQUIRED BY THE DEPARTMENT . 17
(B) THE COST REPORT REQUI RED UNDER SUBSECTION (A) OF THIS SECTION 18
SHALL: 19
(1) INCLUDE: 20
(I) DOCUMENTATION OF WAGE DISBURSEMENT ; AND 21
(II) ANY OTHER INFORMATION THE DEPARTMENT DETERMINES 22
IS APPROPRIATE ; AND 23
(2) BE SIGNED BY AN AUTHO RIZED REPRESENTATIVE OF THE 24
NURSING HOME UNDER P ENALTY OF PERJURY . 25
(C) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE 26
DEPARTMENT MAY TAKE A PPROPRIATE ENFORCEME NT ACTION AGAINST A 27
NURSING HOME IF THE NURSING HOME : 28
(I) FAILS TO SUBMIT A COS T REPORT AS REQUIRED ; 29
(II) SUBMITS AN INACCURATE , INCOMPLETE , OR INVALID COST 30
REPORT; OR 31
4 SENATE BILL 468
(III) FAILS TO PAY THE WAGE S IN THE AMOUNT REQU IRED. 1
(2) THE ENFORCEMENT ACTION THAT THE DEPARTMENT MAY TAKE 2
UNDER PARAGRAPH (1) OF THIS SUBSECTION INCLUDES: 3
(I) RECOUPMENT BY THE DEPARTMENT OF FUNDING 4
RESULTING FROM THE R EIMBURSEMENT RATE IN CREASE PROVIDED FOR UNDER § 5
16–201.4(B) OF THIS SUBTITLE; 6
(II) IMPOSITION OF A CORRE CTIVE PLAN; 7
(III) SUSPENSION OR TERMINATION FR OM THE PROGRAM ; OR 8
(IV) TERMINATION OF LICENS URE. 9
SECTION 2. AND BE IT FURTHER ENACTED, That: 10
(a) (1) 90% of the funding increase provided in the legislative appropriation 11
for fiscal year 2024 for Program M00Q01.03 Medical Care Provider Reimbursements – 12
Medical Care Programs Administration in subsection (b)(4) of § 16–210.4 of the 13
Health – General Article shall be used to fund wage increases for: 14
(i) health care workers; 15
(ii) staff working in a nursing home who provide direct care to 16
residents; and 17
(iii) support staff in a nursing home who provide direct care to 18
residents including housekeeping, laundry, nutritional, and activities services. 19
(2) Administrative staff and workers who do not provide direct care to 20
residents are not eligible to take part in the wage increase provided for under paragraph 21
(1) of this subsection. 22
(b) Nursing home providers who receive funding increases in accordance with § 23
16–201.4(b)(4) of the Health – General Article, as enacted by Section 1 of this Act, shall 24
document the disbursement of the funds. 25
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect June 26
1, 2023. 27