WES MOORE, Governor Ch. 331
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Chapter 331
(Senate Bill 511)
AN ACT concerning
Health and Human Services Transportation Improvement Act of 2023
FOR the purpose of establishing the Rural Nonemergency Medical Transportation
Program; repealing a certain cap on the amount of grants that may be awarded by
the Maryland Transit Administration under the Maryland Senior Rides Program;
repealing a certain cap on funding for the Job Access and Reverse Commute Program
and requiring the Governor to provide funding for the Rural Nonemergency Medical
Transportation Program in the State budget; establishing the State Coordinating
Committee for Health and Human Services Transportation; and generally relating
to transportation for health and human services in the State.
BY adding to
Article – Health – General
Section 13–4801 through 13–4805 to be under the new subtitle “Subtitle 48. Rural
Nonemergency Medical Transportation Program”
Annotated Code of Maryland
(2019 Replacement Volume and 2022 Supplement)
BY repealing and reenacting, with amendments,
Article – Transportation
Section 7–1002
Annotated Code of Maryland
(2020 Replacement Volume and 2022 Supplement)
BY repealing and reenacting, without amendments,
Article – Transportation
Section 7–1102
Annotated Code of Maryland
(2020 Replacement Volume and 2022 Supplement)
BY repealing
Article – Transportation
Section 7–1107
Annotated Code of Maryland
(2020 Replacement Volume and 2022 Supplement)
BY adding to
Article – Transportation
Section 7–1107 and 7–1109
Annotated Code of Maryland
(2020 Replacement Volume and 2022 Supplement) Ch. 331 2023 LAWS OF MARYLAND
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SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Health – General
SUBTITLE 48. RURAL NONEMERGENCY MEDICAL TRANSPORTATION PROGRAM.
13–4801.
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.
(B) “ELIGIBLE INDIVIDUAL ” MEANS AN INDIVIDUAL WHO:
(1) DOES NOT QUALIFY TO R ECEIVE STATE OR FEDERAL FUNDING
FOR TRANSPORTATION R ELATED TO RECEIVING MEDICAL SERVICES BEC AUSE THE
INDIVIDUAL:
(I) RESIDES IN A LOCATION THAT DISQUALIFIES TH E
INDIVIDUAL FROM QUAL IFYING FOR THE FUNDI NG;
(II) OWNS A CAR;
(III) RECEIVED TRANSPORTATI ON FROM A V OLUNTEER, BUT
THE INDIVIDUAL NO LO NGER HAS ACCESS TO T HAT TRANSPORTATION ;
(IV) HAD A MEDICAL PROCEDU RE THAT DOES NOT QUA LIFY THE
INDIVIDUAL FOR THE F UNDING;
(V) HAS A TEMPORARY DISAB ILITY THAT DOES NOT QUALIFY
THE INDIVIDUAL FOR T HE FUNDING; OR
(VI) DOES NOT LIVE WITHIN THE REQUIRED DISTANC E OF A
PUBLIC BUS STOP TO Q UALIFY THE INDIVIDUA L FOR THE FUNDING ;
(2) NEEDS TRANSPORTATION TO OR FROM MEDICAL S ERVICES
WHERE EACH TRIP EITH ER BEGINS OR ENDS IN A RURAL COUNTY ; AND
(3) A HOSPITAL CARE CO ORDINATOR DETERMINES HAS A MEDICAL
NEED FOR WHICH THE I NDIVIDUAL REQUIRES T RANSPORTATION SERVIC ES
THROUGH THE PROGRAM.
(C) “HOSPITAL” HAS THE MEANING STAT ED IN § 19–301 OF THIS ARTICLE. WES MOORE, Governor Ch. 331
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(D) “HOSPITAL CARE COORDIN ATOR” MEANS AN EMPLOYEE OF A HOSPITAL
WHO COORDINATES TRANSP ORTATION RELATED TO MEDICAL SERVICES FOR
ELIGIBLE INDIVIDUALS IN ACCORDANCE WITH T HIS SUBTITLE.
(E) “NONPROFIT ORGANIZATIO N” MEANS AN ORGANIZATIO N THAT:
(1) IS:
(I) DESCRIBED IN § 501(C)(3) OF THE INTERNAL REVENUE
CODE; AND
(II) EXEMPT FROM INCOME TA X UNDER § 501(A) OF THE
INTERNAL REVENUE CODE; AND
(2) PROVIDES TRANSPORTATI ON SERVICES TO ELIGI BLE
INDIVIDUALS THROUGH A PROGRAM ADOPTED BY A HOSPITAL.
(F) “PROGRAM” MEANS THE RURAL NONEMERGENCY MEDICAL
TRANSPORTATION PROGRAM.
(G) “RURAL COUNTY ” MEANS:
(1) ALLEGANY COUNTY;
(2) CALVERT COUNTY;
(3) CAROLINE COUNTY;
(4) CARROLL COUNTY;
(5) CECIL COUNTY;
(6) CHARLES COUNTY;
(7) DORCHESTER COUNTY;
(8) FREDERICK COUNTY;
(9) GARRETT COUNTY;
(10) HARFORD COUNTY;
(11) KENT COUNTY; Ch. 331 2023 LAWS OF MARYLAND
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(12) QUEEN ANNE’S COUNTY;
(13) SOMERSET COUNTY;
(14) ST. MARY’S COUNTY;
(15) TALBOT COUNTY;
(16) WASHINGTON COUNTY;
(17) WICOMICO COUNTY; OR
(18) WORCESTER COUNTY.
13–4802.
(A) THERE IS A RURAL NONEMERGENCY MEDICAL TRANSPORTATION
PROGRAM.
(B) THE PURPOSE OF THE PROGRAM IS FOR HOSPIT ALS TO COORDINATE
TRANSPORTATION PROVI DED BY A NONPROFIT O RGANIZATION TO OR FR OM
MEDICAL SERVICES FOR ELIGIBLE INDIVIDUALS .
13–4803.
(A) A PROGRAM ADOPTED UNDER THIS SUBTITLE SHALL :
(1) COORDINATE TRANSPORTA TION PROVIDED BY A N ONPROFIT
ORGANIZATION FOR AN ELIGIBLE INDIVIDUAL TO TRAVEL TO OR FROM MEDICAL
SERVICES;
(2) INCLUDE A MONTHLY BUD GET SET BY EACH NONP ROFIT
ORGANIZATION PARTICI PATING IN A PROGRAM ADOPTE D BY A HOSPITAL
ESTABLISHING THE TOT AL AMOUNT OF TRANSPO RTATION SERVICES THE
ORGANIZATION WILL PR OVIDE TO ELIGIBLE IN DIVIDUALS WHO ARE PA TIENTS AT
THE HOSPITAL THROUGH THE PROGRAM; AND
(3) PROVIDE INFORMATION T O A NONPROFIT ORGANI ZATION ABOUT
ELIGIBLE INDIVIDUALS THAT THE CARE COORDINATOR HAS SELECTED TO RECEIVE
TRANSPORTATION SERVI CES THROUGH THE PROGRAM IN A MANNER T HAT
COMPLIES WITH STATE AND FEDERAL PRI VACY LAWS.
(B) A PROGRAM MAY NOT PROVI DE TRANSPORTATION : WES MOORE, Governor Ch. 331
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(1) TO AN ELIGIBLE INDIVI DUAL FOR MO RE THAN 120 DAYS AT A
TIME; OR
(2) TO AN INDIVIDUAL WHO REQUESTS TRANSPORTAT ION BUT DOES
NOT USE THE TRANSPOR TATION PROVIDED ON M ORE THAN ONE OCCASIO N.
13–4804.
(A) A HOSPITAL MAY ADOPT A PROGRAM IN ACCORDANCE WITH THIS
SUBTITLE.
(B) IF A HOSPITAL ADOPTS A PROGRAM, THE HOSPITAL SHALL :
(1) CONTRACT WITH A NONPR OFIT ORGANIZATION TO PROVIDE
TRANSPORTATION TO EL IGIBLE INDIVIDUALS W HO ARE PATIENTS AT T HE HOSPITAL
IN ACCORDANCE WITH T HIS SUBTITLE; AND
(2) ESTABLISH AND ADOPT A PROCESS OF NOTIFYING PATIENTS AT
THE HOSPITAL ABOUT S ERVICES AVAILABLE TH ROUGH THE PROGRAM.
(C) A HOSPITAL CARE COORDI NATOR SHALL:
(1) DETERMINE WHICH PATIE NTS OF THE HOSPITAL WHO ARE
INTERESTED IN RECEIV ING TRANSPORTATION S ERVICES THROUGH THE PROGRAM
ARE ELIGIBLE INDIVID UALS;
(2) DETERMINE WHICH ELIGI BLE INDIVIDUALS WILL RECEIVE
TRANSPORTATION THROU GH THE PROGRAM IN ACCORDANCE WITH THE BUDGET
PROVIDED BY THE NONP ROFIT ORGANIZATION ; AND
(3) COORDINATE TRANSPORTA TION FOR AN ELIGIBLE INDIVIDUAL
WHO THE HOSPITAL CAR E COORDINATOR SELECTS TO RECEIVE TRANSPORTATI ON
TO TRAVEL TO AND FRO M RECEIVING MEDICAL SERVICES IN ACCORDAN CE WITH
THIS SUBTITLE.
(D) IF A HOSPITAL ENTERS INTO A CONTRACT WITH A NONPROFIT
ORGANIZATION FOR THE PURPOSES OF PROVIDIN G TRANSPORTATION THR OUGH
THE PROGRAM, A HOSPITAL SHALL REP ORT THE NAME AND CON TACT INFORMATION
OF THE NONPROFIT ORG ANIZATION TO THE DEPARTMENT WITHIN 30 DAYS AFTER
THE DATE ON WHICH TH E CONTRACT IS SIGNED .
13–4805.
Ch. 331 2023 LAWS OF MARYLAND
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(A) IN FISCAL YEAR 2025 AND EACH FISCAL YEAR THEREAFTER , THE
GOVERNOR SHALL INCLUD E IN THE ANNUAL BUDG ET BILL AN APPROPRIA TION OF
AT LEAST $1,000,000 TO THE DEPARTMENT FOR THE PU RPOSES OF CARRYING O UT
THIS SUBTITLE.
(B) EACH FISCAL YEAR , THE DEPARTMENT SHALL DIST RIBUTE THE FUNDS
APPROPRIATED UNDER S UBSECTION (A) OF THIS SECTION:
(1) TO EACH NONPROFIT ORG ANIZATION THAT PROVI DES SERVICES
THROUGH THE PROGRAM, AS REPORTED UNDER § 13–4804(D) OF THIS SUBTITLE ;
AND
(2) IN AN AMOUNT PROPORTI ONAL TO THE NONPROFI T
ORGANIZATION ’S ESTIMATED ANNUAL B UDGET FOR PROVIDING TRANSPORTATION
UNDER THE PROGRAM.
Article – Transportation
7–1002.
(a) There is a Maryland Senior Rides Program in the Administration.
(b) The purpose of the Program is to encourage regional providers to provide
door–to–door transportation for low–income to moderate–income seniors.
(c) The Administration shall award grants to qualified Program applicants, as
provided in § 7–1003 of this subtitle, for the operation of transportation services as specified
in this section.
(d) To be eligible for a grant under § 7–1003 of this subtitle, a Program applicant
shall:
(1) Provide door–to–door transportation for low –income to
moderate–income seniors who have difficulty accessing or using other existing
transportation systems;
(2) Use primarily volunteer drivers who drive their own vehicles;
(3) Use a dispatcher system to respond quickly to requests from
low–income to moderate–income seniors for door–to–door transportation; and
(4) Define a geographic area for which door–to–door transportation is
provided.
WES MOORE, Governor Ch. 331
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(e) A Program participant may provide door–to–door transportation to an eligible
senior who does not reside in the geographic area defined by the Program participant under
subsection (d)(4) of this section when applying to participate in the Program, so long as
service is not diminished to an eligible senior who does reside in the defined geographic
area.
(f) A Program participant shall expend a matching fund of at least 25% of the
total capital or operating costs associated with providing door–to–door transportation for
low–income to moderate–income seniors.
(g) [The Administration may not award more than $500,000 in grants per year.
(h)] A Program participant may charge reasonable fees for door –to–door
transportation provided by the Program participant.
[(i)] (H) Nothing in this section prohibits a Program participant from providing
services in addition to those described in subsection (d) of this section.
7–1102.
There is a Job Access and Reverse Commute Program in the Administration.
[7–1107.
Funds for the Program shall be as provided by the Governor in the State budget, not
to exceed $400,000 annually.]
7–1107.
THE GOVERNOR SHALL PROVID E FUNDING FOR THE PROGRAM IN THE STATE
BUDGET.
7–1109.
(A) (1) IN THIS SECTION THE FOLLOWING WOR DS HAVE THE MEANINGS
INDICATED.
(2) “STATE AGENCY ” MEANS AN EXECUTIVE D EPARTMENT , AGENCY,
OR OFFICE OF THE STATE.
(3) “TRANSPORTATION –DISADVANTAGED ” MEANS AN INDIVIDUAL
WHO QUALIFIES FOR FE DERALLY CONDUCTED OR FEDERALLY ASSISTED
TRANSPORTATION –RELATED PROGRAMS OR SERVICES, AS IMPLEMENTED AND
COORDINATED BY A STATE AGENCY , DUE TO DISABILITY , INCOME, OR ADVANCED
AGE. Ch. 331 2023 LAWS OF MARYLAND
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(B) THERE IS A STATE COORDINATING COMMITTEE FOR HEALTH AND
HUMAN SERVICES TRANSPORTATION .
(C) THE COMMITTEE CONSI STS OF THE FOLLOWING MEMBERS:
(1) THE SECRETARY, OR THE SECRETARY’S DESIGNEE;
(2) THE SECRETARY OF HUMAN SERVICES, OR THE SECRETARY’S
DESIGNEE;
(3) THE SECRETARY OF HEALTH, OR THE SECRETARY’S DESIGNEE;
(4) THE SECRETARY OF AGING, OR THE SECRETARY’S DESIGNEE;
(5) THE SECRETARY OF DISABILITIES, OR THE SECRETARY’S
DESIGNEE;
(6) THE SECRETARY OF HOUSING AND COMMUNITY DEVELOPMENT ,
OR THE SECRETARY’S DESIGNEE;
(7) THE SECRETARY OF PLANNING, OR THE SECRETARY’S DESIGNEE;
(8) THE SECRETARY OF VETERANS AFFAIRS, OR THE SECRETARY’S
DESIGNEE;
(9) THE SECRETARY OF LABOR, OR THE SECRETARY’S DESIGNEE;
(10) THE DIRECTOR OF THE GOVERNOR’S OFFICE FOR THE DEAF AND
HARD OF HEARING, OR THE DIRECTOR’S DESIGNEE;
(11) THE EXECUTIVE DIRECTOR OF THE MARYLAND
DEVELOPMENTAL DISABILITIES COUNCIL, OR THE EXECUTIVE DIRECTOR’S
DESIGNEE;
(12) THE EXECUTIVE BOARD CHAIR OF THE RURAL MARYLAND
COUNCIL, OR THE EXECUTIVE BOARD CHAIR’S DESIGNEE; AND
(13) ANY ADDITIONAL MEMBER S RECOMMENDED BY THE CHAIR OF
THE COMMITTEE AND APPOINT ED BY THE GOVERNOR TO PROVIDE I NPUT FROM
LOCAL GOVERNMENTS , EMPLOYERS , AGENCIES, AND ORGANIZATIONS SE RVING
PRIORITY POPULATIONS , TRANSPORTATION PROVI DERS, AND CONSUMERS FROM
PRIORITY POPULATIONS .
WES MOORE, Governor Ch. 331
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(D) (1) THE APPOINTED MEMBERS SERVE AT THE PLEASUR E OF THE
GOVERNOR.
(2) THE TERM OF AN APPOIN TED MEMBER IS 3 YEARS.
(3) THE GOVERNOR MAY STAGGER THE TERMS OF THE APP OINTED
MEMBERS.
(E) THE SECRETARY, OR THE DESIGNEE OF T HE SECRETARY, SHALL CHAIR
THE COMMITTEE.
(F) THE DEPARTMENT SHALL PROV IDE STAFF FOR THE COMMITTEE.
(G) A MEMBER OF THE COMMITTEE:
(1) MAY NOT RECEIVE COMPE NSATION AS A MEMBER OF THE
COMMITTEE; BUT
(2) IS ENTITLED TO REIMBU RSEMENT FOR EXPENSES UNDER THE
STANDARD STATE TRAVEL REGULATIONS, AS PROVIDED IN THE STATE BUDGET .
(H) THE COMMITTEE SHALL :
(1) EXAMINE THE TRANSPORT ATION NEEDS OF RESID ENTS OF THE
STATE WHO:
(I) ARE ELDERLY;
(II) HAVE A DISABILITY; OR
(III) REQUIRE TRANSPORTATIO N TO ACCESS JOBS , MEDICAL
AND OTHER HEALTH –RELATED APPOINTMENTS , SENIOR CITIZEN PROGR AMS, OR
OTHER PROGRAMS REQUI RING THE TRANSPORTAT ION OF INDIVIDUALS W HO
QUALIFY AS TRANSPORT ATION–DISADVANTAGED ;
(2) COORDINATE EFFORTS IN THE STATE TO PROVIDE QUAL ITY
HEALTH AND HUMAN SERVICES T RANSPORTATION SERVIC ES BY WORKING WITH
APPROPRIATE FEDERAL , STATE, AND LOCAL AGENCIES , TRANSIT CONSUMERS , AND
TRANSPORTATION PROVI DERS, TO DEVELOP A COOPERA TIVE AND COORDINATED
HEALTH AND HUMAN SER VICES TRANSPORTATION SYSTEM;
(3) CONDUCT AN INVENTORY A ND ASSESSMENT OF HEA LTH AND
HUMAN SERVICES TRANS PORTATION PROVIDERS IN THE STATE;
Ch. 331 2023 LAWS OF MARYLAND
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(4) DEVISE A 5–YEAR HEALTH AND HUMA N SERVICES
TRANSPORTATION PLAN THAT SETS GOALS AND OBJECTIVES TO HELP
TRANSPORTATION –DISADVANTAGED RESIDE NTS OF THE STATE ACCESS JOBS ,
EDUCATION AND TRAINI NG PROGRAMS , HEALTH CARE SERVICES , AND OTHER
ACTIVITIES BY PROVID ING COST–EFFECTIVE, AFFORDABLE , HIGH–CAPACITY,
HIGH–QUALITY, EASILY UNDERSTOOD , AND SAFE AND ACCESSI BLE
TRANSPORTATION ; AND
(5) (I) SERVE AS THE CLE ARINGHOUSE FOR HEALT H AND HUMAN
SERVICES TRANSPORTAT ION COORDINATION ISS UES IN THE STATE;
(II) IDENTIFY AND FACILITA TE RESOLUTION TO ISS UES
REGARDING HEALTH AND HUMAN SERVICES TRANS PORTATION, BOTH LOCALLY AND
STATEWIDE;
(III) PARTICIPATE IN THE ID ENTIFICATION OF POTEN TIAL
ALLOCATIONS OF HEALT H AND HUMAN SERVICES TRANSPORTATION RESOU RCES
DURING EMERGENCY EVA CUATIONS;
(IV) EVALUATE COST –SAVING MEASURES ;
(V) INVESTIGATE THE NEED FOR THE ESTABLISHMEN T OF
STANDARDS FOR VEHICL ES AND DRIVERS WITHI N HEALTH AND HUMAN SER VICES
TRANSPORTATION PROGR AMS; AND
(VI) EXAMINE OTHER APPROPR IATE AREAS TO FACILI TATE THE
DEVELOPMENT OF A QUA LITY HEALTH AND HUMA N SERVICES TRANSPORT ATION
SYSTEM IN THE STATE.
(I) ON OR BEFORE SEPTEMBER 1 EACH YEAR, THE COMMITTEE SHALL
REPORT ON ITS ACTIVI TIES TO THE GOVERNOR AND , IN ACCORDANCE WITH § 2–1257
OF THE STATE GOVERNMENT ARTICLE, THE GENERAL ASSEMBLY.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2023.
Approved by the Governor, May 3, 2023.