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. *sb0511* SENATE BILL 511 R2, J1 3lr2587 CF HB 596 By: Senators Ellis and Hester Introduced and read first time: February 3, 2023 Assigned to: Finance and Budget and Taxation Committee Report: Favorable with amendments Senate action: Adopted Read second time: March 9, 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 BY repealing and reenacting, without amendments, 22 2 SENATE BILL 511 Article – Transportation 1 Section 7–1102 2 Annotated Code of Maryland 3 (2020 Replacement Volume and 2022 Supplement) 4 BY repealing 5 Article – Transportation 6 Section 7–1107 7 Annotated Code of Maryland 8 (2020 Replacement Volume and 2022 Supplement) 9 BY adding to 10 Article – Transportation 11 Section 7–1107 and 7–1109 12 Annotated Code of Maryland 13 (2020 Replacement Volume and 2022 Supplement) 14 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15 That the Laws of Maryland read as follows: 16 Article – Health – General 17 SUBTITLE 48. RURAL NONEMERGENCY MEDICAL TRANSPORTATION PROGRAM. 18 13–4801. 19 (A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 20 INDICATED. 21 (B) “ELIGIBLE INDIVIDUAL ” MEANS AN INDIVIDUAL WHO: 22 (1) DOES NOT QUALIFY TO RECEI VE STATE OR FEDERAL FUND ING 23 FOR TRANSPORTATION R ELATED TO RECEIVING MEDICAL SERVICES BEC AUSE THE 24 INDIVIDUAL: 25 (I) RESIDES IN A LOCATION THAT DISQUALIFIES TH E 26 INDIVIDUAL FROM QUAL IFYING FOR THE FUNDI NG; 27 (II) OWNS A CAR; 28 (III) RECEIVED TRANSPORTATI ON FROM A VOLUNTEER , BUT 29 THE INDIVIDUAL NO LO NGER HAS ACCESS TO T HAT TRANSPORTATION ; 30 (IV) HAD A MEDICAL PROCEDU RE THAT DOES NOT QUA LIFY THE 31 INDIVIDUAL FOR THE F UNDING; 32 SENATE BILL 511 3 (V) HAS A TEMPORARY DISAB ILITY THAT DOES NOT QUALIFY 1 THE INDIVIDUAL FOR THE F UNDING; OR 2 (VI) DOES NOT LIVE WITHIN THE REQUIRED DISTANC E OF A 3 PUBLIC BUS STOP TO Q UALIFY THE INDIVIDUA L FOR THE FUNDING ; 4 (2) NEEDS TRANSPORTATION TO OR FROM MEDICAL S ERVICES 5 WHERE EACH TRIP EITH ER BEGINS OR ENDS IN A RURAL COU NTY; AND 6 (3) A HOSPITAL CARE COORDI NATOR DETERMINES HAS A MEDICAL 7 NEED FOR WHICH THE I NDIVIDUAL REQUIRES T RANSPORTATION SERVIC ES 8 THROUGH THE PROGRAM. 9 (C) “HOSPITAL” HAS THE MEANING STAT ED IN § 19–301 OF THIS ARTICLE. 10 (D) “HOSPITAL CARE COORDIN ATOR” MEANS AN EMPLOYEE OF A HOSPITAL 11 WHO COORDINATES TRAN SPORTATION RELATED T O MEDICAL SERVICES F OR 12 ELIGIBLE INDIVIDUALS IN ACCORDANCE WITH T HIS SUBTITLE. 13 (E) “NONPROFIT ORGANIZATIO N” MEANS AN ORGANIZATIO N THAT: 14 (1) IS: 15 (I) DESCRIBED IN § 501(C)(3) OF THE INTERNAL REVENUE 16 CODE; AND 17 (II) EXEMPT FROM INCOME TA X UNDER § 501(A) OF THE 18 INTERNAL REVENUE CODE; AND 19 (2) PROVIDES TRANSPORTATI ON SERVICES TO ELIGI BLE 20 INDIVIDUALS THROUGH A PROGRAM ADOPTED BY A HOSPITAL. 21 (F) “PROGRAM” MEANS THE RURAL NONEMERGENCY MEDICAL 22 TRANSPORTATION PROGRAM. 23 (G) “RURAL COUNTY ” MEANS: 24 (1) ALLEGANY COUNTY; 25 (2) CALVERT COUNTY; 26 (3) CAROLINE COUNTY; 27 (4) CARROLL COUNTY; 28 4 SENATE BILL 511 (5) CECIL COUNTY; 1 (6) CHARLES COUNTY; 2 (7) DORCHESTER COUNTY; 3 (8) FREDERICK COUNTY; 4 (9) GARRETT COUNTY; 5 (10) HARFORD COUNTY; 6 (11) KENT COUNTY; 7 (12) QUEEN ANNE’S COUNTY; 8 (13) SOMERSET COUNTY; 9 (14) ST. MARY’S COUNTY; 10 (15) TALBOT COUNTY; 11 (16) WASHINGTON COUNTY; 12 (17) WICOMICO COUNTY; OR 13 (18) WORCESTER COUNTY. 14 13–4802. 15 (A) THERE IS A RURAL NONEMERGENCY MEDICAL TRANSPORTATION 16 PROGRAM. 17 (B) THE PURPOSE OF THE PROGRAM IS FOR HOSPIT ALS TO COORDINATE 18 TRANSPORTATION PROVI DED BY A NONPROFIT O RGANIZATION TO OR FR OM 19 MEDICAL SERVICES FOR ELIGIBLE INDIVIDUALS . 20 13–4803. 21 (A) A PROGRAM ADOPTED UNDER THIS SUBTITLE SHALL : 22 (1) COORDINATE TRANSPORTA TION PROVIDED BY A N ONPROFIT 23 ORGANIZATION FOR AN ELIGIBLE INDIVIDUAL TO TRAVEL TO OR FROM MEDICAL 24 SERVICES; 25 SENATE BILL 511 5 (2) INCLUDE A MONTHLY BUD GET SET BY EACH NONP ROFIT 1 ORGANIZATION PARTICIPATIN G IN A PROGRAM ADOPTED BY A HOSPITAL 2 ESTABLISHING THE TOT AL AMOUNT OF TRANSPO RTATION SERVICES THE 3 ORGANIZATION WILL PR OVIDE TO ELIGIBLE IN DIVIDUALS WHO ARE PA TIENTS AT 4 THE HOSPITAL THROUGH THE PROGRAM; AND 5 (3) PROVIDE INFORMATION T O A NONPROFIT ORGANIZA TION ABOUT 6 ELIGIBLE INDIVIDUALS THAT THE CARE COORDI NATOR HAS SELECTED T O RECEIVE 7 TRANSPORTATION SERVI CES THROUGH THE PROGRAM IN A MANNER T HAT 8 COMPLIES WITH STATE AND FEDERAL PRI VACY LAWS. 9 (B) A PROGRAM MAY NOT PROVI DE TRANSPORTATION : 10 (1) TO AN ELIGIBLE INDIVI DUAL FOR MORE THAN 120 DAYS AT A 11 TIME; OR 12 (2) TO AN INDIVIDUAL WHO REQUESTS TRANSPORTAT ION BUT DOES 13 NOT USE THE TRANSPOR TATION PROVIDED ON M ORE THAN ONE OCCASIO N. 14 13–4804. 15 (A) A HOSPITAL MAY ADOPT A PROGRAM IN ACCORDANCE WITH THIS 16 SUBTITLE. 17 (B) IF A HOSPITAL ADOPTS A PROGRAM, THE HOSPITAL SHALL : 18 (1) CONTRACT WITH A NONPR OFIT ORGANIZATION TO PROVIDE 19 TRANSPORTATION TO EL IGIBLE INDIVIDUALS W HO ARE PATIENTS AT T HE HOSPITAL 20 IN ACCORDANCE WITH T HIS SUBTITLE; AND 21 (2) ESTABLISH AND ADOPT A PROCESS OF NOTIFYING PATIENTS AT 22 THE HOSPITAL ABOUT S ERVICES AVAILABLE TH ROUGH THE PROGRAM. 23 (C) A HOSPITAL CARE COORDI NATOR SHALL: 24 (1) DETERMINE WHICH PATIE NTS OF THE HOSPITAL WHO ARE 25 INTERESTED IN RECEIV ING TRANSPORTATION S ERVICES THROUGH THE PROGRAM 26 ARE ELIGIBLE INDIVID UALS; 27 (2) DETERMINE WHICH ELIGI BLE INDIVIDUALS WILL RECEIVE 28 TRANSPORTATION THROU GH THE PROGRAM IN ACCORDANCE WITH THE BUDGET 29 PROVIDED BY THE NONP ROFIT ORGANIZATION ; AND 30 6 SENATE BILL 511 (3) COORDINATE TRANSPORTA TION FOR AN E LIGIBLE INDIVIDUAL 1 WHO THE HOSPITAL CAR E COORDINATOR SELECT S TO RECEIVE TRANSPO RTATION 2 TO TRAVEL TO AND FRO M RECEIVING MEDICAL SERVICES IN ACCORDAN CE WITH 3 THIS SUBTITLE. 4 (D) IF A HOSPITAL ENTERS INTO A CONTRACT WITH A NONPROFIT 5 ORGANIZATION FOR THE PURPOSES OF PROVIDING TRA NSPORTATION THROUGH 6 THE PROGRAM, A HOSPITAL SHALL REP ORT THE NAME AND CON TACT INFORMATION 7 OF THE NONPROFIT ORG ANIZATION TO THE DEPARTMENT WITHIN 30 DAYS AFTER 8 THE DATE ON WHICH TH E CONTRACT IS SIGNED . 9 13–4805. 10 (A) IN FISCAL YEAR 2025 AND EACH FISCAL YEAR THEREAFTER , THE 11 GOVERNOR SHALL INCLUD E IN THE ANNUAL BUDG ET BILL AN APPROPRIA TION OF 12 AT LEAST $1,000,000 TO THE DEPARTMENT FOR THE PU RPOSES OF CARRYING O UT 13 THIS SUBTITLE. 14 (B) EACH FISCAL YEAR , THE DEPARTMENT SHALL DIST RIBUTE THE FUN DS 15 APPROPRIATED UNDER S UBSECTION (A) OF THIS SECTION: 16 (1) TO EACH NONPROFIT ORG ANIZATION THAT PROVI DES SERVICES 17 THROUGH THE PROGRAM, AS REPORTED UNDER § 13–4804(D) OF THIS SUBTITLE ; 18 AND 19 (2) IN AN AMOUNT PROPORTI ONAL TO THE NONPROFI T 20 ORGANIZATION ’S ESTIMATED ANNUAL BUDGE T FOR PROVIDING TRAN SPORTATION 21 UNDER THE PROGRAM. 22 Article – Transportation 23 7–1002. 24 (a) There is a Maryland Senior Rides Program in the Administration. 25 (b) The purpose of the Program is to encourage regional providers to provide 26 door–to–door transportation for low–income to moderate–income seniors. 27 (c) The Administration shall award grants to qualified Program applicants, as 28 provided in § 7–1003 of this subtitle, for the operation of transportation services as specified 29 in this section. 30 (d) To be eligible for a grant under § 7–1003 of this subtitle, a Program applicant 31 shall: 32 SENATE BILL 511 7 (1) Provide door–to–door transportation for low –income to 1 moderate–income seniors who have difficulty accessing or using other existing 2 transportation systems; 3 (2) Use primarily volunteer drivers who drive their own vehicles; 4 (3) Use a dispatcher system to respond quickly to requests from 5 low–income to moderate–income seniors for door–to–door transportation; and 6 (4) Define a geographic area for which door–to–door transportation is 7 provided. 8 (e) A Program participant may provide door–to–door transportation to an eligible 9 senior who does not reside in the geographic area defined by the Program participant under 10 subsection (d)(4) of this section when applying to participate in the Program, so long as 11 service is not diminished to an eligible senior who does reside in the defined geographic 12 area. 13 (f) A Program participant shall expend a matching fund of at least 25% of the 14 total capital or operating costs associated with providing door–to–door transportation for 15 low–income to moderate–income seniors. 16 (g) [The Administration may not award more than $500,000 in grants per year. 17 (h)] A Program participant may charge reasonable fees for door –to–door 18 transportation provided by the Program participant. 19 [(i)] (H) Nothing in this section prohibits a Program participant from providing 20 services in addition to those described in subsection (d) of this section. 21 7–1102. 22 There is a Job Access and Reverse Commute Program in the Administration. 23 [7–1107. 24 Funds for the Program shall be as provided by the Governor in the State budget, not 25 to exceed $400,000 annually.] 26 7–1107. 27 THE GOVERNOR SHALL PROVID E FUNDING FOR THE PROGRAM IN THE STATE 28 BUDGET. 29 7–1109. 30 8 SENATE BILL 511 (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 1 INDICATED. 2 (2) “STATE AGENCY ” MEANS AN EXECUTIVE D EPARTMENT , AGENCY, 3 OR OFFICE OF THE STATE. 4 (3) “TRANSPORTATION –DISADVANTAGED ” MEANS AN INDIVIDUAL 5 WHO QUALIFIES FOR FE DERALLY C ONDUCTED OR FEDERALL Y ASSISTED 6 TRANSPORTATION –RELATED PROGRAMS OR SERVICES, AS IMPLEMENTED AND 7 COORDINATED BY A STATE AGENCY , DUE TO DISABILITY , INCOME, OR ADVANCED 8 AGE. 9 (B) THERE IS A STATE COORDINATING COMMITTEE FOR HEALTH AND 10 HUMAN SERVICES TRANSPORTA TION. 11 (C) THE COMMITTEE CONSISTS OF THE FOLLOWING MEMBER S: 12 (1) THE SECRETARY, OR THE SECRETARY’S DESIGNEE; 13 (2) THE SECRETARY OF HUMAN SERVICES, OR THE SECRETARY’S 14 DESIGNEE; 15 (3) THE SECRETARY OF HEALTH, OR THE SECRETARY’S DESIGNEE; 16 (4) THE SECRETARY OF AGING, OR THE SECRETARY’S DESIGNEE; 17 (5) THE SECRETARY OF DISABILITIES, OR THE SECRETARY’S 18 DESIGNEE; 19 (6) THE SECRETARY OF HOUSING AND COMMUNITY DEVELOPMENT , 20 OR THE SECRETARY’S DESIGNEE; 21 (7) THE SECRETARY OF PLANNING, OR THE SECRETARY’S DESIGNEE; 22 (8) THE SECRETARY OF VETERANS AFFAIRS, OR THE SECRETARY’S 23 DESIGNEE; 24 (9) THE SECRETARY OF LABOR, OR THE SECRETARY’S DESIGNEE; 25 (10) THE DIRECTOR OF THE GOVERNOR’S OFFICE FOR THE DEAF AND 26 HARD OF HEARING, OR THE DIRECTOR’S DESIGNEE; 27 SENATE BILL 511 9 (11) THE EXECUTIVE DIRECTOR OF THE MARYLAND 1 DEVELOPMENTAL DISABILITIES COUNCIL, OR THE EXECUTIVE DIRECTOR’S 2 DESIGNEE; 3 (12) THE EXECUTIVE BOARD CHAIR OF THE RURAL MARYLAND 4 COUNCIL, OR THE EXECUTIVE BOARD CHAIR’S DESIGNEE; AND 5 (13) ANY ADDITIONAL MEMBER S RECOMMENDED BY THE C HAIR OF 6 THE COMMITTEE AND APPOINT ED BY THE GOVERNOR TO PROVIDE I NPUT FROM 7 LOCAL GOVERNMENTS , EMPLOYERS , AGENCIES, AND ORGANIZATIONS SE RVING 8 PRIORITY POPULATIONS , TRANSPORTATION PROVI DERS, AND CONSUMERS FROM 9 PRIORITY POPULATIONS . 10 (D) (1) THE APPOINTED MEMBERS SERVE AT THE PLEASUR E OF THE 11 GOVERNOR. 12 (2) THE TERM OF AN APPOIN TED MEMBER IS 3 YEARS. 13 (3) THE GOVERNOR MAY STAGGER THE TERMS OF THE APP OINTED 14 MEMBERS. 15 (E) THE SECRETARY, OR THE DESIGNEE OF T HE SECRETARY, SHALL CHAIR 16 THE COMMITTEE. 17 (F) THE DEPARTMENT SHALL PROV IDE STAFF FOR THE COMMITTEE. 18 (G) A MEMBER OF THE COMMITTEE: 19 (1) MAY NOT RECEIVE COMPE NSATION AS A MEMBER OF THE 20 COMMITTEE; BUT 21 (2) IS ENTITLED TO REIMBU RSEMENT FOR EXPENSES UNDER THE 22 STANDARD STATE TRAVEL REGULATIONS, AS PROVIDED IN THE STATE BUDGET . 23 (H) THE COMMITTEE SHALL : 24 (1) EXAMINE THE TRANSPORT ATION NEEDS OF RESID ENTS OF THE 25 STATE WHO: 26 (I) ARE ELDERLY; 27 (II) HAVE A DISABILITY; OR 28 10 SENATE BILL 511 (III) REQUIRE TRANSPORTATIO N TO ACCESS JOBS , MEDICAL 1 AND OTHER HEALTH –RELATED APPOINTMENTS , SENIOR CITIZEN PROGR AMS, OR 2 OTHER PROGRAMS REQUI RING THE TRANSPORTAT ION OF INDIVIDUALS W HO 3 QUALIFY AS TRANSPORT ATION–DISADVANTAGED ; 4 (2) COORDINATE EFFORTS IN THE STATE TO PROVIDE QUAL ITY 5 HEALTH AND HUMAN SER VICES TRANSPORTATION SERVICES BY WORKING WITH 6 APPROPRIATE FEDERAL , STATE, AND LOCAL AGENCIES , TRANSIT CONSUMERS , AND 7 TRANSPORTATION PROVI DERS, TO DEVELOP A COOPERA TIVE AND COORDINATED 8 HEALTH AND HUMAN SER VICES TRANSPORTATION SYSTEM; 9 (3) CONDUCT AN INVENTORY AND ASSESSMENT OF HEALTH AND 10 HUMAN SERVICES TRANS PORTATION PROVIDERS IN THE STATE; 11 (4) DEVISE A 5–YEAR HEALTH AND HUMA N SERVICES 12 TRANSPORTATION PLAN THAT SETS GOALS AND OBJECTIVES TO HELP 13 TRANSPORTATION –DISADVANTAGED RESIDE NTS OF THE STATE ACCESS JOBS , 14 EDUCATION AND TRAINI NG PROGRAMS , HEALTH CARE SERVICES , AND OTHER 15 ACTIVITIES BY PROVID ING COST–EFFECTIVE, AFFORDABLE , HIGH–CAPACITY, 16 HIGH–QUALITY, EASILY UNDERSTOOD , AND SAFE AND ACCESSI BLE 17 TRANSPORTATION ; AND 18 (5) (I) SERVE AS THE CLEARING HOUSE FOR HEALTH AND HUMAN 19 SERVICES TRANSPORTAT ION COORDINATION ISS UES IN THE STATE; 20 (II) IDENTIFY A ND FACILITATE RESOLU TION TO ISSUES 21 REGARDING HEALTH AND HUMAN SERVICES TRANS PORTATION, BOTH LOCALLY AND 22 STATEWIDE; 23 (III) PARTICIPATE IN THE ID ENTIFICATION OF POTE NTIAL 24 ALLOCATIONS OF HEALT H AND HUMAN SERVICES TRANSPORTATION RESOU RCES 25 DURING EMERGENCY E VACUATIONS; 26 (IV) EVALUATE COST –SAVING MEASURES ; 27 (V) INVESTIGATE THE NEED FOR THE ESTABLISHMEN T OF 28 STANDARDS FOR VEHICL ES AND DRIVERS WITHI N HEALTH AND HUMAN S ERVICES 29 TRANSPORTATION PROGR AMS; AND 30 (VI) EXAMINE OTHER APPROPR IATE AREAS TO FACILI TATE THE 31 DEVELOPMENT OF A QUA LITY HEALTH AND HUMA N SERVICES TRANSPORT ATION 32 SYSTEM IN THE STATE. 33 SENATE BILL 511 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. ________________________________________________________________________________ President of the Senate. ________________________________________________________________________________ Speaker of the House of Delegates.