MD
Maryland Senate Bill SB582

Maryland 2023 Regular Session

Maryland Senate Bill SB582 Compare Versions

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1- WES MOORE, Governor Ch. 290
21
3-– 1 –
4-Chapter 290
5-(Senate Bill 582)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4+ [Brackets] indicate matter deleted from existing law.
5+ Underlining indicates amendments to bill.
6+ Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7+amendment.
8+ *sb0582*
89
9-Behavioral Health Care – Treatment and Access
10-(Behavioral Health Model for Maryland)
10+SENATE BILL 582
11+J1, J3 3lr0460
12+ CF HB 1148
13+By: Senator Augustine
14+Introduced and read first time: February 6, 2023
15+Assigned to: Finance
16+Committee Report: Favorable with amendments
17+Senate action: Adopted
18+Read second time: March 20, 2023
1119
12-FOR the purpose of establishing the Commission on Behavioral Health Care Treatment
13-and Access to make recommendations to provide appropriate, accessible, and
14-comprehensive behavioral health services that are available on demand to
15-individuals in the State across the behavioral health continuum that are available
16-on demand; establishing the Behavioral Health Care Coordination Value–Based
17-Purchasing Pilot Program in the Maryland Department of Health to establish and
18-implement an intensive care coordination model using value–based purchasing in
19-the specialty behavioral health system; requiring, on or before a certain date, the
20-Department to submit a State plan amendment to the Centers for Medicare and
21-Medicaid Services to establish certified community behavioral health clinics apply
22-for certain federal planning grant funds; requiring the Department to apply to
23-participate in a certain demonstration program; extending to a certain date the
24-inclusion of certain audio–only telephone conversations in the definition of
25-“telehealth” in the Maryland Medical Assistance Program and certain requirements
26-related to the provision of reimbursement for health care services appropriately
27-provided through telehealth by the Program and certain insurers, nonprofit health
28-service plans, and health maintenance organizations; requiring the Maryland
29-Health Care Commission to study and make recommendations regarding the
30-delivery of health care services through telehealth, including payment parity for the
31-delivery of health care services through audiovisual and audio–only telehealth
32-technologies; and generally relating to behavioral health care treatment and access.
20+CHAPTER ______
3321
34-BY adding to
35- Article – Health – General
36-Section 13–4801 through 13–4807 to be under the new subtitle “Subtitle 48.
37-Commission on Behavioral Health Care Treatment and Access”; and 13–4901
38-through 13–4907 to be under the new subtitle “Subtitle 49. Behavioral Health
39-Care Coordination Value–Based Purchasing Pilot Program”; and 15–141.5
40- Annotated Code of Maryland
41- (2019 Replacement Volume and 2022 Supplement)
22+AN ACT concerning 1
4223
43-BY repealing and reenacting, with amendments,
44- Article – Health – General
45-Section 15–141.2
46- Annotated Code of Maryland
47- (2019 Replacement Volume and 2022 Supplement)
24+Behavioral Health Care – Treatment and Access 2
25+(Behavioral Health Model for Maryland) 3
4826
49-BY repealing and reenacting, with amendments, Ch. 290 2023 LAWS OF MARYLAND
27+FOR the purpose of establishing the Commission on Behavioral Health Care Treatment 4
28+and Access to make recommendations to provide appropriate, accessible, and 5
29+comprehensive behavioral health services that are available on demand to 6
30+individuals in the State across the behavioral health continuum that are available 7
31+on demand; establishing the Behavioral Health Care Coordination Value–Based 8
32+Purchasing Pilot Program in the Maryland Department of Health to establish and 9
33+implement an intensive care coordination model using value–based purchasing in 10
34+the specialty behavioral health system; requiring, on or before a certain date, the 11
35+Department to submit a State plan amendment to the Centers for Medicare and 12
36+Medicaid Services to establish certified community behavioral health clinics apply 13
37+for certain federal planning grant funds; requiring the Department to apply to 14
38+participate in a certain demonstration program; extending to a certain date the 15
39+inclusion of certain audio–only telephone conversations in the definition of 16
40+“telehealth” in the Maryland Medical Assistance Program and certain requirements 17
41+related to the provision of reimbursement for health care services appropriately 18
42+provided through telehealth by the Program and certain insurers, nonprofit health 19
43+service plans, and health maintenance organizations; requiring the Maryland 20
44+Health Care Commission to study and make recommendations regarding the 21
45+delivery of health care services through telehealth, including payment parity for the 22
46+delivery of health care services through audiovisual and audio–only telehealth 23
47+technologies; and generally relating to behavioral health care treatment and access. 24
48+ 2 SENATE BILL 582
5049
51-– 2 –
52- Article – Insurance
53-Section 15–139
54- Annotated Code of Maryland
55- (2017 Replacement Volume and 2022 Supplement)
5650
57- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
58-That the Laws of Maryland read as follows:
51+BY adding to 1
52+ Article – Health – General 2
53+Section 13–4801 through 13–4807 to be under the new subtitle “Subtitle 48. 3
54+Commission on Behavioral Health Care Treatment and Access”; and 13–4901 4
55+through 13–4907 to be under the new subtitle “Subtitle 49. Behavioral Health 5
56+Care Coordination Value–Based Purchasing Pilot Program”; and 15–141.5 6
57+ Annotated Code of Maryland 7
58+ (2019 Replacement Volume and 2022 Supplement) 8
5959
60-Article – Health – General
60+BY repealing and reenacting, with amendments, 9
61+ Article – Health – General 10
62+Section 15–141.2 11
63+ Annotated Code of Maryland 12
64+ (2019 Replacement Volume and 2022 Supplement) 13
6165
62-SUBTITLE 48. COMMISSION ON BEHAVIORAL HEALTH CARE TREATMENT AND
63-ACCESS.
66+BY repealing and reenacting, with amendments, 14
67+ Article – Insurance 15
68+Section 15–139 16
69+ Annotated Code of Maryland 17
70+ (2017 Replacement Volume and 2022 Supplement) 18
6471
65-13–4801.
72+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 19
73+That the Laws of Maryland read as follows: 20
6674
67- (A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS
68-INDICATED.
75+Article – Health – General 21
6976
70- (B) “BEHAVIORAL HEALTH ” INCLUDES SUBSTANCE–RELATED DISORDERS ,
71-ADDICTIVE DISORDERS , MENTAL DISORDERS , LIFE STRESSORS AND C RISES, AND
72-STRESS–RELATED PHYSICAL SYM PTOMS.
77+SUBTITLE 48. COMMISSION ON BEHAVIORAL HEALTH CARE TREATMENT AND 22
78+ACCESS. 23
7379
74- (C) “COMMISSION” MEANS THE COMMISSION ON BEHAVIORAL HEALTH
75-CARE TREATMENT AND ACCESS.
80+13–4801. 24
7681
77-13–4802.
82+ (A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 25
83+INDICATED. 26
7884
79- THERE IS A COMMISSION O N BEHAVIORAL HEALTH CARE TREATMENT AND
80-ACCESS.
85+ (B) “BEHAVIORAL HEALTH ” INCLUDES SUBSTANCE –RELATED DISORDERS , 27
86+ADDICTIVE DISORDERS , MENTAL DISORDERS , LIFE STRESSORS AND CRISES , AND 28
87+STRESS–RELATED PHYSICAL SYM PTOMS. 29
8188
82-13–4803.
89+ (C) “COMMISSION” MEANS THE COMMISSION ON BEHAVIORAL HEALTH 30
90+CARE TREATMENT AND ACCESS. 31
8391
84- (A) THE COMMISSION CONSISTS O F THE FOLLOWING MEMB ERS:
92+13–4802. 32
8593
86- (1) ONE MEMBER OF THE SENATE OF MARYLAND, APPOINTED BY THE
87-PRESIDENT OF THE SENATE;
94+ THERE IS A COMMISSION ON BEHAVIORAL HEALTH CARE TREATMENT AND 33
95+ACCESS. 34
96+ SENATE BILL 582 3
8897
89- (2) ONE MEMBER OF THE HOUSE OF DELEGATES, APPOINTED B Y THE
90-SPEAKER OF THE HOUSE;
9198
92- (3) ONE REPRESENTATIVE OF MARYLAND’S CONGRESSIONAL
93-DELEGATION;
99+13–4803. 1
94100
95- (4) THE SECRETARY OF HEALTH, OR THE SECRETARY’S DESIGNEE; WES MOORE, Governor Ch. 290
101+ (A) THE COMMISSION CONSISTS O F THE FOLLOWING MEMB ERS: 2
96102
97-– 3 –
103+ (1) ONE MEMBER OF THE SENATE OF MARYLAND, APPOINTED BY THE 3
104+PRESIDENT OF THE SENATE; 4
98105
99- (5) THE SECRETARY OF HUMAN SERVICES, OR THE SECRETARY’S
100-DESIGNEE;
106+ (2) ONE MEMBER OF THE HOUSE OF DELEGATES, APPOINTED BY THE 5
107+SPEAKER OF THE HOUSE; 6
101108
102- (6) THE SECRETARY OF JUVENILE SERVICES, OR THE SECRETARY’S
103-DESIGNEE;
109+ (3) ONE REPRESENTATIVE OF MARYLAND’S CONGRESSIONAL 7
110+DELEGATION; 8
104111
105- (7) THE DEPUTY SECRETARY FOR BEHAVIORAL HEALTH, OR THE
106-DEPUTY SECRETARY’S DESIGNEE;
112+ (4) THE SECRETARY OF HEALTH, OR THE SECRETARY’S DESIGNEE; 9
107113
108- (8) THE MARYLAND INSURANCE COMMISSIONER , OR THE
109-COMMISSIONER ’S DESIGNEE;
114+ (5) THE SECRETARY OF HUMAN SERVICES, OR THE SECRETARY’S 10
115+DESIGNEE; 11
110116
111- (9) THE EXECUTIVE DIRECTOR OF THE HEALTH SERVICES COST
112-REVIEW COMMISSION, OR THE EXECUTIVE DIRECTOR’S DESIGNEE;
117+ (6) THE SECRETARY OF JUVENILE SERVICES, OR THE SECRETARY’S 12
118+DESIGNEE; 13
113119
114- (10) THE EXECUTIVE DIRECTOR OF THE MARYLAND HEALTH CARE
115-COMMISSION, OR THE EXECUTIVE DIRECTOR’S DESIGNEE;
120+ (7) THE DEPUTY SECRETARY FOR BEHAVIORAL HEALTH, OR THE 14
121+DEPUTY SECRETARY’S DESIGNEE; 15
116122
117- (11) THE EXECUTIVE DIRECTOR OF THE MARYLAND COMMUNITY
118-HEALTH RESOURCES COMMISSION, OR THE EXECUTIVE DIRECTOR’S DESIGNEE;
123+ (8) THE MARYLAND INSURANCE COMMISSIONER , OR THE 16
124+COMMISSIONER ’S DESIGNEE; 17
119125
120- (12) THE EXECUTIVE DIRECTOR OF THE STATE–DESIGNATED HEALTH
121-INFORMATION EXCHANGE , OR THE EXECUTIVE DIRECTOR’S DESIGNEE;
126+ (9) THE EXECUTIVE DIRECTOR OF THE HEALTH SERVICES COST 18
127+REVIEW COMMISSION, OR THE EXECUTIVE DIRECTOR’S DESIGNEE; 19
122128
123- (13) THE EXECUTIVE DIRECTOR OF THE GOVERNOR’S OFFICE OF
124-CRIME PREVENTION, YOUTH, AND VICTIM SERVICES, OR THE EXECUTIVE
125-DIRECTOR’S DESIGNEE; AND
129+ (10) THE EXECUTIVE DIRECTOR OF THE MARYLAND HEALTH CARE 20
130+COMMISSION, OR THE EXECUTIVE DIRECTOR’S DESIGNEE; 21
126131
127- (14) THE SECRETARY OF DISABILITIES, OR THE SECRETARY’S
128-DESIGNEE;
132+ (11) THE EXECUTIVE DIRECTOR OF THE MARYLAND COMMUNITY 22
133+HEALTH RESOURCES COMMISSION, OR THE EXECUTIVE DIRECTOR’S DESIGNEE; 23
129134
130- (15) THE SECRETARY OF PUBLIC SAFETY AND CORRECTIONAL
131-SERVICES, OR THE SECRETARY’S DESIGNEE;
135+ (12) THE EXECUTIVE DIRECTOR OF THE STATE–DESIGNATED HEALTH 24
136+INFORMATION EXCHANGE , OR THE EXECUTIVE DIRECTOR’S DESIGNEE; 25
132137
133- (16) THE SPECIAL SECRETARY OF OPIOID RESPONSE, OR THE
134-SPECIAL SECRETARY’S DESIGNEE; AND
138+ (13) THE EXECUTIVE DIRECTOR OF THE GOVERNOR’S OFFICE OF 26
139+CRIME PREVENTION, YOUTH, AND VICTIM SERVICES, OR THE EXECUTIVE 27
140+DIRECTOR’S DESIGNEE; AND 28
141+ 4 SENATE BILL 582
135142
136- (14) (17) THE FOLLOWING MEMBERS APPOINTED BY THE
137-GOVERNOR:
138143
139- (I) ONE REPRESENTATIVE OF THE MENTAL HEALTH
140-ASSOCIATION OF MARYLAND;
141- Ch. 290 2023 LAWS OF MARYLAND
144+ (14) THE SECRETARY OF DISABILITIES, OR THE SECRETARY’S 1
145+DESIGNEE; 2
142146
143-– 4 –
144- (II) ONE REPRESENTATIVE OF THE NATIONAL ALLIANCE ON
145-MENTAL ILLNESS;
147+ (15) THE SECRETARY OF PUBLIC SAFETY AND CORRECTIONAL 3
148+SERVICES, OR THE SECRETARY’S DESIGNEE; 4
146149
147- (III) ONE REPRESENTATIVE OF THE COMMUNITY BEHAVIORAL
148-HEALTH ASSOCIATION OF MARYLAND;
150+ (16) THE SPECIAL SECRETARY OF OPIOID RESPONSE, OR THE 5
151+SPECIAL SECRETARY’S DESIGNEE; AND 6
149152
150- (IV) ONE REPRESENTATIVE OF A PROVIDER OF RESIDE NTIAL
151-BEHAVIORAL HEALTH SERVICES ;
153+ (14) (17) THE FOLLOWING MEMBERS APPOINTED BY THE 7
154+GOVERNOR: 8
152155
153- (V) ONE REPRESENTATIVE OF AN ACUTE CARE HOSPIT AL;
156+ (I) ONE REPRESENTATIVE OF THE MENTAL HEALTH 9
157+ASSOCIATION OF MARYLAND; 10
154158
155- (VI) ONE REPRESENTATIVE OF AN INPATIENT PSYCHIA TRIC
156-HOSPITAL;
159+ (II) ONE REPRESENTATIVE OF THE NATIONAL ALLIANCE ON 11
160+MENTAL ILLNESS; 12
157161
158- (VII) ONE INDIVIDUAL WITH E XPERIENCE AS A CONSU MER OF
159-BEHAVIORAL HEALTH SE RVICES;
162+ (III) ONE REPRESENTATIVE OF THE COMMUNITY BEHAVIORAL 13
163+HEALTH ASSOCIATION OF MARYLAND; 14
160164
161- (VIII) ONE FAMILY MEMBER OF AN INDIVIDUAL WITH
162-EXPERIENCE AS A CONS UMER OF BEHAVIORAL H EALTH SERVICES ;
165+ (IV) ONE REPRESENTATIVE OF A PROVIDER OF RESIDE NTIAL 15
166+BEHAVIORAL HEALTH SE RVICES; 16
163167
164- (IX) ONE REPRESENTATIVE OF A PROVIDER OF SUBSTA NCE USE
165-TREATMENT SERVICES ;
168+ (V) ONE REPRESENTATIVE OF AN ACUTE CARE HOSPIT AL; 17
166169
167- (X) ONE REPRESENTATIVE OF A SCHOOL–BASED HEALTH
168-CENTER;
170+ (VI) ONE REPRESENTATIVE OF AN INPATIENT PSYCHIA TRIC 18
171+HOSPITAL; 19
169172
170- (XI) ONE INDIVIDUAL WITH E XPERTISE IN S OCIAL
171-DETERMINANTS OF HEAL TH;
173+ (VII) ONE INDIVIDUAL WITH EXPE RIENCE AS A CONSUMER OF 20
174+BEHAVIORAL HEALTH SE RVICES; 21
172175
173- (XII) ONE INDIVIDUAL WITH E XPERTISE IN HEALTH E CONOMICS;
176+ (VIII) ONE FAMILY MEMBER OF AN INDIVIDUAL WITH 22
177+EXPERIENCE AS A CONS UMER OF BEHAVIORAL H EALTH SERVICES ; 23
174178
175- (XIII) ONE REPRESENTATIVE OF A HEALTH INSURANCE C ARRIER;
179+ (IX) ONE REPRESENTATIVE OF A PROVIDER OF SUBSTA NCE USE 24
180+TREATMENT SERVICES ; 25
176181
177- (XIV) ONE REPRESENTATIVE OF A MANAGED CARE
178-ORGANIZATION ;
182+ (X) ONE REPRESENTATIVE OF A SCHOOL–BASED HEALTH 26
183+CENTER; 27
179184
180- (XV) ONE REPRESENTATIVE FR OM THE OFFICE OF THE PUBLIC
181-DEFENDER;
185+ (XI) ONE INDIVIDUAL WITH E XPERTISE IN SOCIAL 28
186+DETERMINANTS OF HEAL TH; 29
187+ SENATE BILL 582 5
182188
183- (XVI) ONE REPRESENTATIVE OF THE DEVELOPMENTAL
184-DISABILITY COALITION;
185189
186- (XVII) ONE REPRESENTATIVE OF THE MARYLAND CHAPTER OF
187-THE NATIONAL COUNCIL ON ALCOHOLISM AND DRUG DEPENDENCE ; WES MOORE, Governor Ch. 290
190+ (XII) ONE INDIVIDUAL WITH E XPERTISE IN HEALTH E CONOMICS; 1
188191
189-– 5 –
192+ (XIII) ONE REPRESENTATIVE OF A HEALTH INSURANCE C ARRIER; 2
190193
191- (XVIII) ONE REPRESENTATIVE OF THE MARYLAND
192-PSYCHOLOGICAL ASSOCIATION; AND
194+ (XIV) ONE REPRESENTATIVE OF A MANAGED CARE 3
195+ORGANIZATION ; 4
193196
194- (XIX) ONE REPRESENTATIVE OF DISABILITY RIGHTS MARYLAND;
197+ (XV) ONE REPRESENTATIVE FR OM THE OFFICE OF THE PUBLIC 5
198+DEFENDER; 6
195199
196- (XX) ONE REPRESENTATIVE OF A FEDERALLY QUALIFIED
197-HEALTH CENTER;
200+ (XVI) ONE REPRESENTATIVE OF THE DEVELOPMENTAL 7
201+DISABILITY COALITION; 8
198202
199- (XXI) ONE REPRESENTATIVE OF A LOCAL BEHAVIORAL H EALTH
200-AUTHORITY; AND
203+ (XVII) ONE REPRESENTATIVE OF THE MARYLAND CHAPTER OF 9
204+THE NATIONAL COUNCIL ON ALCOHOLISM AND DRUG DEPENDENCE ; 10
201205
202- (XXII) ONE INDIVIDUAL WITH A N INTELLECTUAL DISAB ILITY WHO
203-USES SELF–DIRECTED BEHAVIORAL HEALTH SERVICES .
206+ (XVIII) ONE REPRESENTATIVE OF THE MARYLAND 11
207+PSYCHOLOGICAL ASSOCIATION; AND 12
204208
205- (B) TO THE EXTENT PRACTIC ABLE, THE MEMBERSHIP OF TH E COMMISSION
206-SHALL REFLECT THE GE OGRAPHIC AND ETHNIC DIVERSITY OF THE STATE.
209+ (XIX) ONE REPRESENTATIVE OF DISABILITY RIGHTS MARYLAND; 13
207210
208- (C) THE GOVERNOR, THE PRESIDENT OF THE SENATE, AND THE SPEAKER
209-OF THE HOUSE JOINTLY SHALL D ESIGNATE THE CHAIR O F THE COMMISSION.
211+ (XX) ONE REPRESENTATIVE OF A FEDERALLY QUALIFIED 14
212+HEALTH CENTER; 15
210213
211- (D) THE DEPARTMENT SHALL PROV IDE STAFF FOR THE COMMISSION.
214+ (XXI) ONE REPRESENTATIVE OF A LOCAL BEHAVIORAL H EALTH 16
215+AUTHORITY; AND 17
212216
213- (E) A MEMBER OF THE COMMISSION:
217+ (XXII) ONE INDIVIDUAL WITH A N INTELLECTUAL DISAB ILITY WHO 18
218+USES SELF–DIRECTED BEHAVIORAL HEALTH SERVICES . 19
214219
215- (1) MAY NOT RECEIVE COMPE NSATION AS A MEMBER OF T HE
216-COMMISSION; BUT
220+ (B) TO THE EXTENT PRACTIC ABLE, THE MEMBERSHIP OF TH E COMMISSION 20
221+SHALL REFLECT THE GE OGRAPHIC AND ETHNIC DIVERSITY OF THE STATE. 21
217222
218- (2) IS ENTITLED TO REIMBU RSEMENT FOR EXPENSES UNDER THE
219-STANDARD STATE TRAVEL REGULATIONS, AS PROVIDED IN THE STATE BUDGET .
223+ (C) THE GOVERNOR, THE PRESIDENT OF THE SENATE, AND THE SPEAKER 22
224+OF THE HOUSE JOINTLY SHALL D ESIGNATE THE CHAIR O F THE COMMISSION. 23
220225
221- (F) THE COMMISSION SHALL MEET AT LEAST THREE TIMES PER YEAR AT
222-THE TIMES AND PLACES DETERMINED BY THE COMMISSION.
226+ (D) THE DEPARTMENT SHALL PROV IDE STAFF FOR THE COMMISSION. 24
223227
224-13–4804.
228+ (E) A MEMBER OF THE COMMISSION: 25
225229
226- THE PURPOSE OF THE COMMISSION IS TO MAKE RECOMMENDATIONS TO
227-PROVIDE APPROPRIATE , ACCESSIBLE, AND COMPREHENSIVE BE HAVIORAL HEALTH
228-SERVICES THAT ARE AVAILABLE O N DEMAND TO INDIVIDUALS IN TH E STATE ACROSS
229-THE BEHAVIORAL HEALT H CONTINUUM THAT ARE AVAILABLE O N DEMAND.
230+ (1) MAY NOT RECEIVE COMPE NSATION AS A MEMBER OF THE 26
231+COMMISSION; BUT 27
230232
231-13–4805.
233+ (2) IS ENTITLED TO REIMBU RSEMENT FOR EXPENSES UNDER THE 28
234+STANDARD STATE TRAVEL REGULATIONS, AS PROVIDED IN THE STATE BUDGET . 29 6 SENATE BILL 582
232235
233- THE COMMISSION SHALL : Ch. 290 2023 LAWS OF MARYLAND
234236
235-– 6 –
236237
237- (1) CONDUCT AN ASSESSMENT OF BEHAVIORAL HEALTH SERVICES IN
238-THE STATE TO IDENTIFY NEE DS AND GAPS IN SERVI CES ACROSS THE CON TINUUM,
239-INCLUDING COMMUNITY –BASED OUTPATIENT AND SUPPORT SERVICES , CRISIS
240-RESPONSE, AND INPATIENT CARE ;
238+ (F) THE COMMISSION SHALL MEET AT LEAST THREE TIMES PER YEAR AT 1
239+THE TIMES AND PLACES DETERMINED BY THE COMMISSION. 2
241240
242- (2) EXAMINE THE METHODS F OR REIMBURSING BEHAV IORAL
243-HEALTH CARE SERVICES IN THE STATE AND MAKE RECOMM ENDATIONS ON THE
244-MOST EFFECTIVE FORMS OF REIMBURS EMENT TO MAXIMIZE SE RVICE DELIVERY ;
241+13–4804. 3
245242
246- (3) COMPILE FINDINGS OF STATE–SPECIFIC NEEDS ASSES SMENTS
247-RELATED TO BEHAVIORA L HEALTH CARE SERVIC ES;
243+ THE PURPOSE OF THE COMMISSION IS TO MAKE RECOMMENDATIONS TO 4
244+PROVIDE APPROPRIATE , ACCESSIBLE, AND COMPREHENSIVE BE HAVIORAL HEALTH 5
245+SERVICES THAT ARE AVAILABLE ON DEMAND TO INDIVIDUALS IN TH E STATE ACROSS 6
246+THE BEHAVIORAL HEALT H CONTINUUM THAT ARE AVAILABLE O N DEMAND. 7
248247
249- (4) REVIEW RECOMMENDATION S AND REPORTS OF STATE
250-COMMISSIONS , WORKGROUPS , OR TASK FORCES RELAT ED TO BEHAVIORAL HEALTH
251-CARE SERVICES ;
248+13–4805. 8
252249
253- (5) CONDUCT A NEEDS ASSES SMENT ON THE STATE’S BEHAVIORAL
254-HEALTH CARE WORKFORC E TO IDENTIFY GAPS A ND MAKE RECOMMENDATI ONS TO
255-ENSURE AN ADEQUATE , CULTURALLY COMPETENT , AND DIVERSE WORKFORCE
256-ACROSS THE BEHAVIORA L HEALTH CARE CONTIN UUM;
250+ THE COMMISSION SHALL : 9
257251
258- (6) REVIEW TRENDS AND BES T PRACTICES FROM OTH ER STATES
259-REGARDING POLICY AND REIMBURSEMENT STRATE GIES THAT SUPPORT AC CESS TO
260-A COMPREHENSIVE ARRA Y OF SERVICES AND EN SURE QUALITY OF CARE ;
252+ (1) CONDUCT AN ASSESSMENT OF BEHAVIORAL HEALTH SERVICES IN 10
253+THE STATE TO IDENTIFY NEE DS AND GAPS IN SERVICES ACROSS T HE CONTINUUM , 11
254+INCLUDING COMMUNITY –BASED OUTPATIENT AND SUPPORT SERVICES , CRISIS 12
255+RESPONSE, AND INPATIENT CARE ; 13
261256
262- (7) EXAMINE AND MAKE RECO MMENDATIONS RELATED TO THE
263-BEHAVIORAL HEALTH OF THE GERIAT RIC AND YOUTH POPULA TIONS IN THE STATE;
257+ (2) EXAMINE THE METHODS F OR REIMBURSING BEHAV IORAL 14
258+HEALTH CARE SERVICES IN THE STATE AND MAKE RECOMM ENDATIONS ON THE 15
259+MOST EFFECTIVE FORMS OF R EIMBURSEMENT TO MAXI MIZE SERVICE DELIVER Y; 16
264260
265- (8) EXAMINE AND MAKE RECO MMENDATIONS TO PROVI DE
266-APPROPRIATE AND ADEQ UATE BEHAVIORAL HEAL TH SERVICES TO INDIV IDUALS
267-WITH DEVELOPMENTAL DISABI LITIES AND COMPLEX BEHAVIORAL H EALTH NEEDS ,
268-SPECIFICALLY YOUTH;
261+ (3) COMPILE FINDINGS OF STATE–SPECIFIC NEEDS ASSES SMENTS 17
262+RELATED TO BEHAVIORA L HEALTH CARE SERVIC ES; 18
269263
270- (9) ASSESS THE HEALTH INF RASTRUCTURE , FACILITIES,
271-PERSONNEL , AND SERVICES AVAILAB LE FOR THE STATE’S FORENSIC POPULATIO N
272-AND IDENTIFY DEFICIE NCIES IN RESOURCES A ND POLICIES NEEDED T O PRIORITIZE
273-HEALTH OUTCOMES , INCREASE PUBLIC SAFE TY, AND REDUCE RECIDIVISM ;
264+ (4) REVIEW RECOMMENDATION S AND REPORTS OF STATE 19
265+COMMISSIONS , WORKGROUPS , OR TASK FORCES RELATED TO BE HAVIORAL HEALTH 20
266+CARE SERVICES ; 21
274267
275- (10) MAKE RECOMMENDATIONS ON EXPANDING BEHAVIO RAL HEALTH
276-TREATMENT ACCESS FOR THE STATE’S COURT–ORDERED POPULATION ;
277- WES MOORE, Governor Ch. 290
268+ (5) CONDUCT A NEEDS ASSES SMENT ON THE STATE’S BEHAVIORAL 22
269+HEALTH CARE WORKFORC E TO IDENTIFY GAPS A ND MAKE RECOMMENDATI ONS TO 23
270+ENSURE AN ADEQUATE , CULTURALLY COMPETENT , AND DIVERSE WORKFORCE 24
271+ACROSS THE BEH AVIORAL HEALTH CARE CONTINUUM ; 25
278272
279-– 7 –
280- (11) MAKE RECOMMENDATIONS ON ACTION PLANS REGA RDING THE
281-BEHAVIORAL HEALTH CA RE SYSTEM’S CAPACITY TO PREPAR E FOR AND RESPOND TO
282-FUTURE CHALLENGES AF FECTING THE ENTIRE STATE OR PARTICULAR R EGIONS OR
283-POPULATIONS IN THE STATE, INCLUDING PANDEMICS AND EXTREME WEATHE R
284-EVENTS; AND
273+ (6) REVIEW TRENDS AND BES T PRACTICES FROM OTH ER STATES 26
274+REGARDING POLICY AND REIMBURSEMENT STRATE GIES THAT SUPPORT AC CESS TO 27
275+A COMPREHENSIVE ARRA Y OF SERVICES AND EN SURE QUALITY OF CARE ; 28
285276
286- (12) MAKE RECOMMENDATIONS TO ENSURE THAT BEHAV IORAL
287-HEALTH TREATMENT IS PROVIDED IN THE APPR OPRIATE SETTING , INCLUDING
288-METHODS TO DIVERT BE HAVIORAL HEALTH PATI ENTS FROM EMERGENCY
289-DEPARTMENTS BY USING THE MARYLAND MENTAL HEALTH AND SUBSTANCE USE
290-DISORDER REGISTRY AND REFERRAL SYSTEM ESTABLISHED UN DER § 7.5–802 OF
291-THIS ARTICLE AND 2–1–1;
277+ (7) EXAMINE AND MAKE RECO MMENDATI ONS RELATED TO THE 29
278+BEHAVIORAL HEALTH OF THE GERIATRIC AND YO UTH POPULATIONS IN T HE STATE; 30
279+ SENATE BILL 582 7
292280
293- (13) EXAMINE AND REVIEW TH E USE OF HARM REDUCT ION
294-STRATEGIES TO FACILI TATE ACCESS TO CARE ; AND
295281
296- (14) EXAMINE METHODS TO AS SIST CONSUMERS IN AC CESSING
297-BEHAVIORAL HEALTH SE RVICES.
282+ (8) EXAMINE AND MAKE RECO MMENDATIONS TO PROVI DE 1
283+APPROPRIATE AND ADEQ UATE BEHAVIORAL HEAL TH SERVICES TO INDIV IDUALS 2
284+WITH DEVELOPMENTAL DISABI LITIES AND COMPLEX BEHA VIORAL HEALTH NEEDS , 3
285+SPECIFICALLY YOUTH ; 4
298286
299-13–4806.
287+ (9) ASSESS THE HEALTH INF RASTRUCTURE , FACILITIES, 5
288+PERSONNEL , AND SERVICES AVAILAB LE FOR THE STATE’S FORENSIC POPULATIO N 6
289+AND IDENTIFY DEFICIE NCIES IN RESOURCES A ND POLICIES NEEDED T O PRIORITIZE 7
290+HEALTH OUTCOMES , INCREASE PUBLIC SAFETY , AND REDUCE RECIDIVIS M; 8
300291
301- (A) THE COMMISSION SHALL ESTA BLISH THE FOLLOWING WORKGROUPS :
292+ (10) MAKE RECOMMENDATIONS ON EXPANDING BEHAVIO RAL HEALTH 9
293+TREATMENT ACCESS FOR THE STATE’S COURT–ORDERED POPULATION ; 10
302294
303- (1) GERIATRIC BEHAVIORAL HEALTH;
295+ (11) MAKE RECOMMENDATIONS ON ACTION PLANS REGA RDING THE 11
296+BEHAVIORAL HEALTH CA RE SYSTEM’S CAPACITY TO PREPARE F OR AND RESPOND TO 12
297+FUTURE CHALLENGES AF FECTING THE ENTIRE STATE OR PARTICULAR R EGIONS OR 13
298+POPULATIONS IN THE STATE, INCLUDING PANDEMICS AND EXTREME WEATHER 14
299+EVENTS; AND 15
304300
305- (2) YOUTH BEHAVIORAL HEAL TH, INDIVIDUALS WITH
306-DEVELOPMENTAL DISABI LITIES, AND INDIVIDUALS WITH COMPLEX BEHAVIORAL
307-HEALTH NEEDS;
301+ (12) MAKE RECOMMENDATIONS TO ENSURE THAT BEHAV IORAL 16
302+HEALTH TREATMEN T IS PROVIDED IN THE APPROPRIATE SETTING , INCLUDING 17
303+METHODS TO DIVERT BE HAVIORAL HEALTH PATI ENTS FROM EMERGENCY 18
304+DEPARTMENTS BY USING THE MARYLAND MENTAL HEALTH AND SUBSTANCE USE 19
305+DISORDER REGISTRY AND REFERRAL SYSTEM ESTABLISHED UN DER § 7.5–802 OF 20
306+THIS ARTICLE AND 2–1–1; 21
308307
309- (3) CRIMINAL JUSTICE –INVOLVED BEHAVIORAL HEALTH; AND
308+ (13) EXAMINE AND REVIEW TH E USE OF HARM REDUCT ION 22
309+STRATEGIES TO FACILI TATE ACCESS TO CARE ; AND 23
310310
311- (4) BEHAVIORAL HEALTH WOR KFORCE DEVELOPMENT ,
312-INFRASTRUCTURE , COORDINATION , AND FINANCING .
311+ (14) EXAMINE METHODS TO AS SIST CONSUMERS IN AC CESSING 24
312+BEHAVIORAL HEALTH SE RVICES. 25
313313
314- (B) THE WORKGROUPS ESTABL ISHED UNDER SUBSECTI ON (A) OF THIS
315-SECTION SHALL MEET A T LEAST TWO T IMES PER YEAR AT THE TIMES AND PLACES
316-DETERMINED BY THE WO RKGROUP.
314+13–4806. 26
317315
318- (C) THE WORKGROUPS ESTABL ISHED UNDER SUBSECTI ON (A) OF THIS
319-SECTION SHALL INCLUD E MEMBERS OF THE COMMISSION AND MAY IN CLUDE
320-INDIVIDUALS INVITED BY THE COMMISSION TO SERVE O N THE WORKGROUP .
321- Ch. 290 2023 LAWS OF MARYLAND
316+ (A) THE COMMISSION SHALL ESTA BLISH THE FOLLOWING WORKGROUPS : 27
322317
323-– 8 –
324- (D) ON OR BEFORE DECEMBER 1 EACH YEAR, BEGINNING IN 2023, THE
325-WORKGROUPS ESTABLISH ED UNDER SUBSECTION (A) OF THIS SECTION SHAL L
326-REPORT AND MAKE RECO MMENDATIONS TO THE COMMISSION.
318+ (1) GERIATRIC BEHAVIORAL HEALTH; 28
327319
328-13–4807.
320+ (2) YOUTH BEHAVIORAL HEAL TH, INDIVIDUALS WITH 29
321+DEVELOPMENTAL DISABI LITIES, AND INDIVIDUALS WITH COMPLEX BEHAVIORAL 30
322+HEALTH NEEDS ; 31
329323
330- (A) (1) ON OR BEFORE JANUARY 1 EACH YEAR, BEGINNING IN 2024, THE
331-COMMISSION SHALL REPO RT TO THE GOVERNOR AND , IN ACCORDANCE WITH §
332-2–1257 OF THE STATE GOVERNMENT ARTICLE, THE GENERAL ASSEMBLY ON THE
333-COMMISSION’S FINDINGS AND RECOM MENDATIONS , INCLUDING FUNDING AN D
334-LEGISLATIVE RECOMMEN DATIONS, THAT ARE CONSISTENT WITH PROVIDING
335-APPROPRIATE , ACCESSIBLE, AND COMPREHENSIVE BE HAVIORAL HEALTH SERV ICES
336-THAT ARE AVAILABLE O N DEMAND TO INDIVIDU ALS IN THE STATE ACROSS THE
337-BEHAVIORAL HEALTH CO NTINUUM.
324+ (3) CRIMINAL JUSTICE –INVOLVED BEHAVIORAL HEALTH; AND 32
325+ 8 SENATE BILL 582
338326
339- (2) ANY LEGISLATIVE RECOM MENDATIONS INCLUDED IN THE
340-REPORT REQUIRED UNDE R PARAGRAPH (1) OF THIS SUBSECTION T HAT REQUIRE
341-FUNDING SHALL INCLUD E AN ESTIMATE OF THE FUNDING REQUIRED TO
342-IMPLEMENT THE RECOMM ENDATION AND INFORMA TION THAT SUPPORTS T HE
343-FUNDING ESTIMATE .
344327
345- (B) THE REPORT REQUIRED O N OR BEFORE JANUARY 1, 2024, SHALL
346-INCLUDE THE FINDINGS OF THE NEEDS ASSESSMENTS RE QUIRED UNDER § 13–4805
347-OF THIS SUBTITLE.
328+ (4) BEHAVIORAL HEALTH WORKFO RCE DEVELOPMENT , 1
329+INFRASTRUCTURE , COORDINATION , AND FINANCING . 2
348330
349- SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read
350-as follows:
331+ (B) THE WORKGROUPS ESTABL ISHED UNDER SUBSECTI ON (A) OF THIS 3
332+SECTION SHALL MEET A T LEAST TWO TIMES PE R YEAR AT THE TIMES AND PLACES 4
333+DETERMINED BY THE WO RKGROUP. 5
351334
352-Article – Health – General
335+ (C) THE WORKGROUPS ESTABLISHED UNDER SUBSECTION (A) OF THIS 6
336+SECTION SHALL INCLUD E MEMBERS OF THE COMMISSION AND MAY IN CLUDE 7
337+INDIVIDUALS INVITED BY THE COMMISSION TO SERVE O N THE WORKGROUP . 8
353338
354-SUBTITLE 49. BEHAVIORAL HEALTH CARE COORDINATION VALUE–BASED
355-PURCHASING PILOT PROGRAM.
339+ (D) ON OR BEFORE DECEMBER 1 EACH YEAR, BEGINNING IN 2023, THE 9
340+WORKGROUPS ESTABLISHED UNDER SU BSECTION (A) OF THIS SECTION SHAL L 10
341+REPORT AND MAKE RECO MMENDATIONS TO THE COMMISSION. 11
356342
357-13–4901.
343+13–4807. 12
358344
359- (A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS
360-INDICATED.
345+ (A) (1) ON OR BEFORE JANUARY 1 EACH YEAR, BEGINNING IN 2024, THE 13
346+COMMISSION SHALL REPO RT TO THE GOVERNOR AND , IN ACCORDANCE WITH § 14
347+2–1257 OF THE STATE GOVERNMENT ARTICLE, THE GENERAL ASSEMBLY ON THE 15
348+COMMISSION’S FINDINGS AND RECOM MENDATIONS , INCLUDING FUNDING AN D 16
349+LEGISLATIVE RECOMMEN DATIONS, THAT ARE CONSISTENT WITH PROVIDING 17
350+APPROPRIATE , ACCESSIBLE, AND COMPREHENSIVE BE HAVIORAL HEALTH SERV ICES 18
351+THAT ARE AVAILABLE O N DEMAND TO INDIVIDU ALS IN THE STATE ACROSS THE 19
352+BEHAVIORAL HEALTH CO NTINUUM. 20
361353
362- (B) “BEHAVIORAL HEALTH CAR E COORDINATION ” MEANS A
363-PERSON–CENTERED, TEAM–BASED ACTIVITY DESIG NED TO:
354+ (2) ANY LEGISLATIVE RECOM MENDATIONS INCLUDED IN THE 21
355+REPORT REQUIRED UNDE R PARAGRAPH (1) OF THIS SUBSECTION T HAT REQUIRE 22
356+FUNDING SHALL INCLUD E AN ESTIMAT E OF THE FUNDING REQ UIRED TO 23
357+IMPLEMENT THE RECOMM ENDATION AND INFORMA TION THAT SUPPORTS T HE 24
358+FUNDING ESTIMATE . 25
364359
365- (1) ASSESS AND MEET THE N EEDS OF AN INDIVID UAL WITH A
366-BEHAVIORAL HEALTH CO NDITION; AND
367- WES MOORE, Governor Ch. 290
360+ (B) THE REPORT REQUIRED O N OR BEFORE JANUARY 1, 2024, SHALL 26
361+INCLUDE THE FINDINGS OF THE NEEDS ASSESSM ENTS REQUIRED UNDER § 13–4805 27
362+OF THIS SUBTITLE. 28
368363
369-– 9 –
370- (2) HELP THE INDIVIDUAL N AVIGATE THE HEALTH C ARE SYSTEM
371-EFFECTIVELY AND EFFI CIENTLY.
364+ SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 29
365+as follows: 30
372366
373- (C) “PILOT PROGRAM” MEANS THE BEHAVIORAL HEALTH CARE
374-COORDINATION VALUE–BASED PURCHASING PILOT PROGRAM.
367+Article – Health – General 31
375368
376- (D) “VALUE–BASED PURCHASING ” MEANS FINANCIALLY IN CENTIVIZING
377-PROVIDERS TO MEET SP ECIFIED OUTCOME MEAS URES.
369+SUBTITLE 49. BEHAVIORAL HEALTH CARE COORDINATION VALUE–BASED 32
370+PURCHASING PILOT PROGRAM. 33
371+ SENATE BILL 582 9
378372
379-13–4902.
380373
381- THERE IS A BEHAVIORAL HEALTH CARE COORDINATION VALUE–BASED
382-PURCHASING PILOT PROGRAM IN THE DEPARTMENT .
374+13–4901. 1
383375
384-13–4903.
376+ (A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 2
377+INDICATED. 3
385378
386- THE PURPOSE OF THE PILOT PROGRAM IS TO ESTABLISH AND IMP LEMENT AN
387-INTENSIVE CARE COORD INATION MODEL USING VALUE–BASED PURCHASING IN THE
388-SPECIALTY BEHAVIORAL HEALTH SYSTEM .
379+ (B) “BEHAVIORAL HEALTH CAR E COORDINATION ” MEANS A 4
380+PERSON–CENTERED, TEAM–BASED ACTIVITY DESIG NED TO: 5
389381
390-13–4904.
382+ (1) ASSESS AND MEET THE N EEDS OF AN INDIVIDUA L WITH A 6
383+BEHAVIORAL HEALTH CO NDITION; AND 7
391384
392- (A) THE DEPARTMENT SHALL ADMI NISTER THE PILOT PROGRAM.
385+ (2) HELP THE INDIVIDUAL N AVIGATE THE HEALTH CARE S YSTEM 8
386+EFFECTIVELY AND EFFI CIENTLY. 9
393387
394- (B) THE DEPARTMENT SHALL IDEN TIFY AT LEAST 500 ADULTS WHOSE
395-BEHAVIORAL HEALTH CO NDITION OR FUNCTIONI NG PLACES THEM AT RI SK OF
396-HOSPITAL EMERGENCY D EPARTMENT UTILIZATIO N OR INPATIENT PSYCH IATRIC
397-HOSPITAL ADMISSION .
388+ (C) “PILOT PROGRAM” MEANS THE BEHAVIORAL HEALTH CARE 10
389+COORDINATION VALUE–BASED PURCHASING PILOT PROGRAM. 11
398390
399- (C) THE PILOT PROGRAM SHALL BE OPER ATIONAL FOR A 3–YEAR PERIOD.
391+ (D) “VALUE–BASED PURCHASING ” MEANS FINANCIALLY IN CENTIVIZING 12
392+PROVIDERS TO MEET SP ECIFIED OUTCOME MEASURES . 13
400393
401- (D) A PROVIDER OR NETWORK OF PROVIDERS SELECTE D TO PARTICIPATE
402-IN THE PILOT PROGRAM SHALL :
394+13–4902. 14
403395
404- (1) BE LICENSED AND IN GO OD STANDING WITH THE MARYLAND
405-MEDICAL ASSISTANCE PROGRAM;
396+ THERE IS A BEHAVIORAL HEALTH CARE COORDINATION VALUE–BASED 15
397+PURCHASING PILOT PROGRAM IN THE DEPARTMENT . 16
406398
407- (2) HAVE EXPERIENCE IN PR OVIDING COMMUNITY –BASED CARE
408-COORDINATION TO SPEC IALTY BEHAVIORAL HEA LTH PROGRAM RECIPIENTS ;
399+13–4903. 17
409400
410- (3) USE AN ELECTRONIC MED ICAL RECORD FOR DOCU MENTING CARE
411-COORDINATION ACTIVIT IES AND OUTCOMES COL LECTION; AND
412- Ch. 290 2023 LAWS OF MARYLAND
401+ THE PURPOSE OF THE PILOT PROGRAM IS TO ESTABLI SH AND IMPLEMENT AN 18
402+INTENSIVE CARE COORD INATION MODEL USING VALUE–BASED PURCHASING IN THE 19
403+SPECIALTY BEHAVIORAL HEALTH SYSTEM . 20
413404
414-– 10 –
415- (4) HAVE AN AUTOMATED DAT A EXCHANGE WITH THE
416-STATE–DESIGNATED HEALTH IN FORMATION EXCHANGE .
405+13–4904. 21
417406
418- (E) THE DEPARTMENT SHALL :
407+ (A) THE DEPARTMENT SHALL ADMI NISTER THE PILOT PROGRAM. 22
419408
420- (1) PROVIDE REIMBURSEMENT ON A PER MEMBER PER MONTH BASIS
421-FOR THE BEHAVIORAL H EALTH CARE COORDINAT ION ACTIVITIES THAT ARE NOT
422-OTHERWISE COVERED BY THE MARYLAND MEDICAL ASSISTANCE PROGRAM;
409+ (B) THE DEPARTMENT SHALL IDEN TIFY AT LEAST 500 ADULTS WHOSE 23
410+BEHAVIORAL HEALTH CO NDITION OR FUNCTIONI NG PLACES THEM AT RI SK OF 24
411+HOSPITAL EMERGENCY D EPARTMENT UTILIZATIO N OR INPATIENT PSYCH IATRIC 25
412+HOSPITAL ADMISSION . 26
423413
424- (2) COLLECT OUTCOMES DATA ON RECIPIENTS OF HEA LTH CARE
425-SERVICES UNDER THE PILOT PROGRAM; AND
414+ (C) THE PILOT PROGRAM SHALL BE OPER ATIONAL FOR A 3–YEAR PERIOD. 27
426415
427- (3) EVALUATE THE EFFECTIV ENESS OF THE VALUE –BASED
428-PURCHASING MODEL BY ANALYZING THE FOLLOW ING OUTCOME MEASURES :
416+ (D) A PROVIDER OR NETWORK OF PROVIDERS SELECTE D TO PARTICIPATE 28
417+IN THE PILOT PROGRAM SHALL : 29
418+ 10 SENATE BILL 582
429419
430- (I) A COMPARISON OF THE FO LLOWING DATA ELEMENT S
431-BEFORE AND AFTER ENR OLLMENT OF RECIPIENT S OF HEALTH CARE SERVICES
432-UNDER THE PILOT PROGRAM:
433420
434- 1. EMERGENCY DEPARTMENT UTILIZATION FOR BOTH
435-BEHAVIORAL AND SOMAT IC HEALTH PURPOSES ;
421+ (1) BE LICENSED AND IN GO OD STANDING WITH THE MARYLAND 1
422+MEDICAL ASSISTANCE PROGRAM; 2
436423
437- 2. INPATIENT HOSPITALIZA TION FOR BOTH
438-BEHAVIORAL AND SOMAT IC HEALTH PURPOSES ; AND
424+ (2) HAVE EXPERIENCE IN PR OVIDING COMMUNITY –BASED CARE 3
425+COORDINATION TO SPEC IALTY BEHAVIORAL HEA LTH PROGRAM RECIPIEN TS; 4
439426
440- 3. TOTAL HEALTH CARE EXP ENDITURES;
427+ (3) USE AN ELECTRONIC MED ICAL RECORD FOR DOCU MENTING CARE 5
428+COORDINATION ACTIVIT IES AND OUTCOMES COL LECTION; AND 6
441429
442- (II) OUTCOMES FOR RECIPIEN TS WITH AND WITHOUT PRIMARY
443-CARE SERVICES COORDI NATED BY A BEHAVIORA L HEALTH PROVIDER ; AND
430+ (4) HAVE AN AUTOMATED DAT A EXCHANGE WITH THE 7
431+STATE–DESIGNATED HEALTH IN FORMATION EXCHANGE . 8
444432
445- (III) RECOGNIZED CLINICAL Q UALITY METRICS WHICH MAY
446-INCLUDE PATIENT EXPE RIENCE MEASURES .
433+ (E) THE DEPARTMENT SHALL : 9
447434
448-13–4905.
435+ (1) PROVIDE REIMBURSEMENT ON A PER MEMBER PER MONTH BASIS 10
436+FOR THE BEHA VIORAL HEALTH CARE C OORDINATION ACTIVITI ES THAT ARE NOT 11
437+OTHERWISE COVERED BY THE MARYLAND MEDICAL ASSISTANCE PROGRAM; 12
449438
450- IF NECESSARY TO IMPLE MENT THE PILOT PROGRAM, THE DEPARTMENT
451-SHALL APPLY TO THE CENTERS FOR MEDICARE AND MEDICAID SERVICES FOR AN
452-AMENDMENT TO THE STATE’S § 1115 HEALTHCHOICE DEMONSTRATION .
439+ (2) COLLECT OUTCOMES DATA ON RECIPIENTS OF HEA LTH CARE 13
440+SERVICES UNDER THE PILOT PROGRAM; AND 14
453441
454-13–4906.
442+ (3) EVALUATE THE EFFECTIV ENESS OF THE V ALUE–BASED 15
443+PURCHASING MODEL BY ANALYZING THE FOLLOW ING OUTCOME MEASURES : 16
455444
456- (A) FOR EACH OF FISCAL YE AR 2025, FISCAL YEAR 2026, AND FISCAL YEAR
457-2027, THE GOVERNOR SHA LL INCLUDE IN THE AN NUAL BUDGET BILL AN
458-APPROPRIATION OF $600,000 FOR THE PILOT PROGRAM. WES MOORE, Governor Ch. 290
445+ (I) A COMPARISON OF THE FO LLOWING DATA ELEMENT S 17
446+BEFORE AND AFTER ENR OLLMENT OF RECIPIENT S OF HEALTH CARE SER VICES 18
447+UNDER THE PILOT PROGRAM: 19
459448
460-– 11 –
449+ 1. EMERGENCY DEPARTMENT UTILIZATION FOR BOTH 20
450+BEHAVIORAL AND SOMAT IC HEALTH PURPOSES ; 21
461451
462- (B) BEGINNING IN FISCAL Y EAR 2026, THE DEPARTMENT SHALL ALLO CATE
463-A PERCENTAGE OF THE ANNUAL APPROPRIATION REQUIRED UNDER SUBSE CTION
464-(A) OF THIS SECTION TO REIMBURSEMENT PAID B ASED ON THE ACHIEVEM ENT OF
465-THE OUTCOME MEASURES DESCRIBED IN § 13–4904(E)(3) OF THIS SUBTITLE.
452+ 2. INPATIENT HOSPITALIZA TION FOR BOTH 22
453+BEHAVIORAL AND SOMAT IC HEALTH PURPOSES ; AND 23
466454
467- (C) IN FISCAL YEAR 2027, THE DEPARTMENT SHALL INCR EASE THE
468-PERCENTAGE OF THE AN NUAL APPROPRIATION R EQUIRED UNDER SUBSEC TION (A)
469-OF THIS SECTION ALLOCATED TO RE IMBURSEMENT PAID IN ACCORDANCE WITH
470-SUBSECTION (B) OF THIS SECTION OVER THE PERCENTAGE ALLOC ATED IN FISCAL
471-YEAR 2026.
455+ 3. TOTAL HEALTH CARE EXP ENDITURES; 24
472456
473-13–4907.
457+ (II) OUTCOMES FOR RECIPIEN TS WITH AND WITHOUT PRIMARY 25
458+CARE SERVICES COORDI NATED BY A BEHAVIORAL HEALTH PROVIDER ; AND 26
474459
475- ON OR BEFORE NOVEMBER 1, 2027, THE DEPARTMENT SHALL REPO RT TO
476-THE GOVERNOR AND , IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT
477-ARTICLE, THE GENERAL ASSEMBLY ON THE DEPARTMENT ’S FINDINGS AND
478-RECOMMENDATIONS FROM THE PILOT PROGRAM.
460+ (III) RECOGNIZED CLINICAL Q UALITY METRICS WHICH MAY 27
461+INCLUDE PATIENT EXPE RIENCE MEASURES . 28
479462
480- SECTION 3. AND BE IT FURTHER ENACTED, That the Laws of Maryland read
481-as follows:
463+13–4905. 29
464+ SENATE BILL 582 11
482465
483-Article – Health – General
484466
485-15–141.2.
467+ IF NECESSARY TO IMPLE MENT THE PILOT PROGRAM, THE DEPARTMENT 1
468+SHALL APPLY TO THE CENTERS FOR MEDICARE AND MEDICAID SERVICES FOR AN 2
469+AMENDMENT TO THE STATE’S § 1115 HEALTHCHOICE DEMONSTRATION . 3
486470
487- (a) (1) In this section the following words have the meanings indicated.
471+13–4906. 4
488472
489- (2) “Distant site” means a site at which the distant site health care provider
490-is located at the time the health care service is provided through telehealth.
473+ (A) FOR EACH OF FISCAL YE AR 2025, FISCAL YEAR 2026, AND FISCAL YEAR 5
474+2027, THE GOVERNOR SHALL INCLUD E IN THE ANNUAL BUDG ET BILL AN 6
475+APPROPRIATION OF $600,000 FOR THE PILOT PROGRAM. 7
491476
492- (3) “Distant site provider” means the health care provider who provides
493-medically necessary services to a patient at an originating site from a different physical
494-location than the location of the patient.
477+ (B) BEGINNING IN FISCAL Y EAR 2026, THE DEPARTMENT SHALL ALLO CATE 8
478+A PERCENTAGE OF THE ANNUAL APPROPRIATION REQUIRED UNDER SUBSE CTION 9
479+(A) OF THIS SECTION TO R EIMBURSEMENT PAID BA SED ON THE ACHIEVEME NT OF 10
480+THE OUTCOME MEASURES DESCRIBED IN § 13–4904(E)(3) OF THIS SUBTITLE. 11
495481
496- (4) “Health care provider” means:
482+ (C) IN FISCAL YEAR 2027, THE DEPARTMENT SHALL INCR EASE THE 12
483+PERCENTAGE OF THE AN NUAL APPROPRIATION R EQUIRED UNDER SUBSEC TION (A) 13
484+OF THIS SECTION ALLO CATED TO REIMBURSEME NT PAID IN ACCORDANC E WITH 14
485+SUBSECTION (B) OF THIS SECTION OVER THE PERCENTA GE ALLOCATED IN FISC AL 15
486+YEAR 2026. 16
497487
498- (i) A person who is licensed, certified, or otherwise authorized under
499-the Health Occupations Article to provide health care in the ordinary course of business or
500-practice of a profession or in an approved education or training program;
488+13–4907. 17
501489
502- (ii) A mental health and substance use disorder program licensed in
503-accordance with § 7.5–401 of this article;
504- Ch. 290 2023 LAWS OF MARYLAND
490+ ON OR BEFORE NOVEMBER 1, 2027, THE DEPARTMENT SHALL REPO RT TO 18
491+THE GOVERNOR AND , IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT 19
492+ARTICLE, THE GENERAL ASSEMBLY ON THE DEPARTMENT ’S FINDINGS AND 20
493+RECOMMENDATIONS FROM THE PILOT PROGRAM. 21
505494
506-– 12 –
507- (iii) A person licensed under Title 7, Subtitle 9 of this article to
508-provide services to an individual with developmental disability or a recipient of individual
509-support services; or
495+ SECTION 3. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 22
496+as follows: 23
510497
511- (iv) A provider as defined under § 16–201.4 of this article to provide
512-services to an individual receiving long–term care services.
498+Article – Health – General 24
513499
514- (5) “Originating site” means the location of the Program recipient at the
515-time the health care service is provided through telehealth.
500+15–141.2. 25
516501
517- (6) “Remote patient monitoring services” means the use of synchronous or
518-asynchronous digital technologies that collect or monitor medical, patient–reported, and
519-other forms of health care data for Program recipients at an originating site and
520-electronically transmit that data to a distant site provider to enable the distant site
521-provider to assess, diagnose, consult, treat, educate, provide care management, suggest
522-self–management, or make recommendations regarding the Program recipient’s health
523-care.
502+ (a) (1) In this section the following words have the meanings indicated. 26
524503
525- (7) (i) “Telehealth” means the delivery of medically necessary somatic,
526-dental, or behavioral health services to a patient at an originating site by a distant site
527-provider through the use of technology–assisted communication.
504+ (2) “Distant site” means a site at which the distant site health care provider 27
505+is located at the time the health care service is provided through telehealth. 28
528506
529- (ii) “Telehealth” includes:
507+ (3) “Distant site provider” means the health care provider who provides 29
508+medically necessary services to a patient at an originating site from a different physical 30
509+location than the location of the patient. 31
530510
531- 1. Synchronous and asynchronous interactions;
511+ (4) “Health care provider” means: 32 12 SENATE BILL 582
532512
533- 2. From July 1, 2021, to June 30, [2023] 2025, both
534-inclusive, an audio–only telephone conversation between a health care provider and a
535-patient that results in the delivery of a billable, covered health care service; and
536513
537- 3. Remote patient monitoring services.
538514
539- (iii) “Telehealth” does not include the provision of health care
540-services solely through:
515+ (i) A person who is licensed, certified, or otherwise authorized under 1
516+the Health Occupations Article to provide health care in the ordinary course of business or 2
517+practice of a profession or in an approved education or training program; 3
541518
542- 1. Except as provided in subparagraph (ii)2 of this
543-paragraph, an audio–only telephone conversation;
519+ (ii) A mental health and substance use disorder program licensed in 4
520+accordance with § 7.5–401 of this article; 5
544521
545- 2. An e–mail message; or
522+ (iii) A person licensed under Title 7, Subtitle 9 of this article to 6
523+provide services to an individual with developmental disability or a recipient of individual 7
524+support services; or 8
546525
547- 3. A facsimile transmission.
526+ (iv) A provider as defined under § 16–201.4 of this article to provide 9
527+services to an individual receiving long–term care services. 10
548528
549- (b) The Program shall:
550- WES MOORE, Governor Ch. 290
529+ (5) “Originating site” means the location of the Program recipient at the 11
530+time the health care service is provided through telehealth. 12
551531
552-– 13 –
553- (1) Provide health care services appropriately delivered through telehealth
554-to Program recipients regardless of the location of the Program recipient at the time
555-telehealth services are provided; and
532+ (6) “Remote patient monitoring services” means the use of synchronous or 13
533+asynchronous digital technologies that collect or monitor medical, patient–reported, and 14
534+other forms of health care data for Program recipients at an originating site and 15
535+electronically transmit that data to a distant site provider to enable the distant site 16
536+provider to assess, diagnose, consult, treat, educate, provide care management, suggest 17
537+self–management, or make recommendations regarding the Program recipient’s health 18
538+care. 19
556539
557- (2) Allow a distant site provider to provide health care services to a
558-Program recipient from any location at which the health care services may be appropriately
559-delivered through telehealth.
540+ (7) (i) “Telehealth” means the delivery of medically necessary somatic, 20
541+dental, or behavioral health services to a patient at an originating site by a distant site 21
542+provider through the use of technology–assisted communication. 22
560543
561- (c) The services required to be provided under subsection (b) of this section shall
562-include counseling and treatment for substance use disorders and mental health conditions.
544+ (ii) “Telehealth” includes: 23
563545
564- (d) The Program may not:
546+ 1. Synchronous and asynchronous interactions; 24
565547
566- (1) Exclude from coverage a health care service solely because it is provided
567-through telehealth and is not provided through an in–person consultation or contact
568-between a health care provider and a patient; or
548+ 2. From July 1, 2021, to June 30, [2023] 2025, both 25
549+inclusive, an audio–only telephone conversation between a health care provider and a 26
550+patient that results in the delivery of a billable, covered health care service; and 27
569551
570- (2) Exclude from coverage a behavioral health care service provided to a
571-Program recipient in person solely because the service may also be provided through
572-telehealth.
552+ 3. Remote patient monitoring services. 28
573553
574- (e) The Program may undertake utilization review, including preauthorization,
575-to determine the appropriateness of any health care service whether the service is delivered
576-through an in–person consultation or through telehealth if the appropriateness of the
577-health care service is determined in the same manner.
554+ (iii) “Telehealth” does not include the provision of health care 29
555+services solely through: 30
578556
579- (f) The Program may not distinguish between Program recipients in rural or
580-urban locations in providing coverage under the Program for health care services delivered
581-through telehealth.
557+ 1. Except as provided in subparagraph (ii)2 of this 31
558+paragraph, an audio–only telephone conversation; 32
582559
583- (g) (1) Subject to paragraph (3) of this subsection, the Program shall
584-reimburse a health care provider for the diagnosis, consultation, and treatment of a
585-Program recipient for a health care service covered by the Program that can be
586-appropriately provided through telehealth.
560+ 2. An e–mail message; or 33 SENATE BILL 582 13
587561
588- (2) This subsection does not require the Program to reimburse a health
589-care provider for a health care service delivered in person or through telehealth that is:
590562
591- (i) Not a covered health care service under the Program; or
592563
593- (ii) Delivered by an out–of–network provider unless the health care
594-service is a self–referred service authorized under the Program.
564+ 3. A facsimile transmission. 1
595565
596- (3) (i) From July 1, 2021, to June 30, [2023] 2025, both inclusive, when
597-appropriately provided through telehealth, the Program shall provide reimbursement in Ch. 290 2023 LAWS OF MARYLAND
566+ (b) The Program shall: 2
598567
599-– 14 –
600-accordance with paragraph (1) of this subsection on the same basis and the same rate as if
601-the health care service were delivered by the health care provider in person.
568+ (1) Provide health care services appropriately delivered through telehealth 3
569+to Program recipients regardless of the location of the Program recipient at the time 4
570+telehealth services are provided; and 5
602571
603- (ii) The reimbursement required under subparagraph (i) of this
604-paragraph does not include:
572+ (2) Allow a distant site provider to provide health care services to a 6
573+Program recipient from any location at which the health care services may be appropriately 7
574+delivered through telehealth. 8
605575
606- 1. Clinic facility fees unless the health care service is
607-provided by a health care provider not authorized to bill a professional fee separately for
608-the health care service; or
576+ (c) The services required to be provided under subsection (b) of this section shall 9
577+include counseling and treatment for substance use disorders and mental health conditions. 10
609578
610- 2. Any room and board fees.
579+ (d) The Program may not: 11
611580
612- (h) (1) The Department may specify in regulation the types of health care
613-providers eligible to receive reimbursement for health care services provided to Program
614-recipients under this section.
581+ (1) Exclude from coverage a health care service solely because it is provided 12
582+through telehealth and is not provided through an in–person consultation or contact 13
583+between a health care provider and a patient; or 14
615584
616- (2) If the Department specifies by regulation the types of health care
617-providers eligible to receive reimbursement for health care services provided to Program
618-recipients under this subsection, the regulations shall include all types of health care
619-providers that appropriately provide telehealth services.
585+ (2) Exclude from coverage a behavioral health care service provided to a 15
586+Program recipient in person solely because the service may also be provided through 16
587+telehealth. 17
620588
621- (3) For the purpose of reimbursement and any fidelity standards
622-established by the Department, a health care service provided through telehealth is
623-equivalent to the same health care service when provided through an in –person
624-consultation.
589+ (e) The Program may undertake utilization review, including preauthorization, 18
590+to determine the appropriateness of any health care service whether the service is delivered 19
591+through an in–person consultation or through telehealth if the appropriateness of the 20
592+health care service is determined in the same manner. 21
625593
626- (i) Subject to subsection (g)(2) of this section, the Program or a managed care
627-organization that participates in the Program may not impose as a condition of
628-reimbursement of a covered health care service delivered through telehealth that the
629-health care service be provided by a third–party vendor designated by the Program.
594+ (f) The Program may not distinguish between Program recipients in rural or 22
595+urban locations in providing coverage under the Program for health care services delivered 23
596+through telehealth. 24
630597
631- (j) The Department may adopt regulations to carry out this section.
598+ (g) (1) Subject to paragraph (3) of this subsection, the Program shall 25
599+reimburse a health care provider for the diagnosis, consultation, and treatment of a 26
600+Program recipient for a health care service covered by the Program that can be 27
601+appropriately provided through telehealth. 28
632602
633- (k) The Department shall obtain any federal authority necessary to implement
634-the requirements of this section, including applying to the Centers for Medicare and
635-Medicaid Services for an amendment to any of the State’s § 1115 waivers or the State plan.
603+ (2) This subsection does not require the Program to reimburse a health 29
604+care provider for a health care service delivered in person or through telehealth that is: 30
636605
637- (l) This section may not be construed to supersede the authority of the Health
638-Services Cost Review Commission to set the appropriate rates for hospitals, including
639-setting the hospital facility fee for hospital–provided telehealth.
606+ (i) Not a covered health care service under the Program; or 31
640607
641-15–141.5.
608+ (ii) Delivered by an out–of–network provider unless the health care 32
609+service is a self–referred service authorized under the Program. 33 14 SENATE BILL 582
642610
643- (A) IN THIS SECTION , “CERTIFIED COMMUNITY BEHAVIORAL HEALTH
644-CLINIC” MEANS A NONPROFIT CO MPREHENSIVE COMMUNIT Y MENTAL HEALTH OR
645-SUBSTANCE USE TREATM ENT ORGANIZATION LIC ENSED BY THE STATE THAT MEETS WES MOORE, Governor Ch. 290
646611
647-– 15 –
648-THE FEDERAL CERTIFIC ATION CRITERIA OF § 223 OF THE FEDERAL PROTECTING
649-ACCESS TO MEDICARE ACT OF 2014 AND OFFERS, DIRECTLY OR INDIRECT LY
650-THROUGH FORMAL REFER RAL RELATIONSHIPS WI TH OTHER PROVIDERS , THE
651-FOLLOWING SERVICES :
652612
653- (1) OUTPATIENT MENTAL HEA LTH AND SUBSTANCE US E SERVICES;
613+ (3) (i) From July 1, 2021, to June 30, [2023] 2025, both inclusive, when 1
614+appropriately provided through telehealth, the Program shall provide reimbursement in 2
615+accordance with paragraph (1) of this subsection on the same basis and the same rate as if 3
616+the health care service were delivered by the health care provider in person. 4
654617
655- (2) 24–HOUR MOBILE CRISIS R ESPONSE AND HOTLINE SERVICES;
618+ (ii) The reimbursement required under subparagraph (i) of this 5
619+paragraph does not include: 6
656620
657- (3) SCREENING, ASSESSMENT, AND DIAGNOSIS , INCLUDING RISK
658-ASSESSMENTS ;
621+ 1. Clinic facility fees unless the health care service is 7
622+provided by a health care provider not authorized to bill a professional fee separately for 8
623+the health care service; or 9
659624
660- (4) PERSON–CENTERED TREATMENT P LANNING;
625+ 2. Any room and board fees. 10
661626
662- (5) PRIMARY CARE SCREENIN G AND MONITORING OF KEY
663-INDICATORS OF HEALTH RISKS;
627+ (h) (1) The Department may specify in regulation the types of health care 11
628+providers eligible to receive reimbursement for health care services provided to Program 12
629+recipients under this section. 13
664630
665- (6) TARGETED CASE MANAGEM ENT;
631+ (2) If the Department specifies by regulation the types of health care 14
632+providers eligible to receive reimbursement for health care services provided to Program 15
633+recipients under this subsection, the regulations shall include all types of health care 16
634+providers that appropriately provide telehealth services. 17
666635
667- (7) PSYCHIATRIC REHABILIT ATION SERVICES ;
636+ (3) For the purpose of reimbursement and any fidelity standards 18
637+established by the Department, a health care service provided through telehealth is 19
638+equivalent to the same health care service when provided through an in –person 20
639+consultation. 21
668640
669- (8) PEER SUPPORT AND FAMI LY SUPPORTS;
641+ (i) Subject to subsection (g)(2) of this section, the Program or a managed care 22
642+organization that participates in the Program may not impose as a condition of 23
643+reimbursement of a covered health care service delivered through telehealth that the 24
644+health care service be provided by a third–party vendor designated by the Program. 25
670645
671- (9) MEDICATION–ASSISTED TREATMENT ;
646+ (j) The Department may adopt regulations to carry out this section. 26
672647
673- (10) ASSERTIVE COMMUNITY T REATMENT; AND
648+ (k) The Department shall obtain any federal authority necessary to implement 27
649+the requirements of this section, including applying to the Centers for Medicare and 28
650+Medicaid Services for an amendment to any of the State’s § 1115 waivers or the State plan. 29
674651
675- (11) COMMUNITY–BASED MENTAL HEALTH CARE FOR MILITARY
676-SERVICE MEMBERS AND VETERANS.
652+ (l) This section may not be construed to supersede the authority of the Health 30
653+Services Cost Review Commission to set the appropriate rates for hospitals, including 31
654+setting the hospital facility fee for hospital–provided telehealth. 32
677655
678- (B) ON OR BEFORE DECEMBER 1, 2023, THE DEPARTME NT SHALL SUBMIT
679-A STATE PLAN AMENDMENT TO THE CENTERS FOR MEDICARE AND MEDICAID
680-SERVICES TO ESTABLISH CERTIFIED COMMUNITY BEHAVIORAL HEALTH CL INICS IN
681-ACCORDANCE WITH § 223 OF THE FEDERAL PROTECTING ACCESS TO MEDICARE
682-ACT OF 2014.
656+15–141.5. 33
657+ SENATE BILL 582 15
683658
684- (C) IF THE AMENDMENT SU BMITTED UNDER SUBSEC TION (B) OF THIS
685-SECTION IS APPROVED , THE DEPARTMENT SHALL AMEN D THE STATE PLAN IN
686-ACCORDANCE WITH TITLE XIX AND TITLE XXI OF THE SOCIAL SECURITY ACT AS
687-NECESSARY TO COVER :
688659
689- (1) ALL REQUIRED SERVICES FOR INDIVIDUALS WITH MENTAL
690-HEALTH NEEDS OR SUBSTANCE U SE DISORDERS AT CERT IFIED COMMUNITY
691-BEHAVIORAL HEALTH CL INICS THROUGH A DAIL Y BUNDLED PAYMENT Ch. 290 2023 LAWS OF MARYLAND
660+ (A) IN THIS SECTION , “CERTIFIED COMMUNITY BEHAVIORAL HEALTH 1
661+CLINIC” MEANS A NONPROFIT CO MPREHENSIVE COMMUNIT Y MENTAL HEALTH OR 2
662+SUBSTANCE USE TREATME NT ORGANIZATION LICE NSED BY THE STATE THAT MEETS 3
663+THE FEDERAL CERTIFIC ATION CRITERIA OF § 223 OF THE FEDERAL PROTECTING 4
664+ACCESS TO MEDICARE ACT OF 2014 AND OFFERS , DIRECTLY OR INDIRECT LY 5
665+THROUGH FORMAL REFER RAL RELATIONSHIPS WI TH OTHER PR OVIDERS, THE 6
666+FOLLOWING SERVICES : 7
692667
693-– 16 –
694-METHODOLOGY THAT IS IN ALIGNMENT WITH FE DERAL PAYMENT FROM T HE
695-CENTERS FOR MEDICARE AND MEDICAID SERVICES FOR THE CERT IFIED
696-COMMUNITY BEHAVIO RAL HEALTH CLINICS MEDICAID DEMONSTRATIO N UNDER §
697-223 OF THE FEDERAL PROTECTING ACCESS TO MEDICARE ACT OF 2014; AND
668+ (1) OUTPATIENT MENTAL HEA LTH AND SUBSTANCE US E SERVICES; 8
698669
699- (2) ANY ADDITIONAL SERVIC ES IDENTIFIED BY THE DEPARTMENT .
670+ (2) 24–HOUR MOBILE CRISIS R ESPONSE AND HOTLINE SERVICES; 9
700671
701- (D) (1) THE DEPARTMENT SHALL ESTA BLISH STANDARDS AND
702-METHODOLOGIES FOR A PROSPECTIVE PAYMENT SYSTEM TO REIMBURSE A
703-CERTIFIED COMMUNITY BEHAVIORAL HEALTH CL INIC UNDER THE PROGRAM ON A
704-PREDETERMINED FIXED AMOUNT PER DAY FOR C OVERED SERVICES PROV IDED TO A
705-PROGRAM RECIPIENT .
672+ (3) SCREENING, ASSESSMENT, AND DIAGNOSIS , INCLUDING RISK 10
673+ASSESSMENTS ; 11
706674
707- (2) THE PROSPECTIVE PAYME NT RATE FOR A CERTIF IED COMMU NITY
708-BEHAVIORAL HEALTH CL INIC SHALL:
675+ (4) PERSON–CENTERED TREATM ENT PLANNING ; 12
709676
710- (I) BE ADJUSTED ONCE EVER Y 3 YEARS BY THE MEDICARE
711-ECONOMIC INDEX IN ACCORDANCE W ITH § 223 OF THE FEDERAL PROTECTING
712-ACCESS TO MEDICARE ACT OF 2014; AND
677+ (5) PRIMARY CARE SCREENIN G AND MONITORING OF KEY 13
678+INDICATORS OF HEALTH RISKS; 14
713679
714- (II) ALLOW FOR MODIFICATIO NS BASED ON A CHANGE IN SCOPE
715-FOR AN INDIVIDUAL CE RTIFIED COMMUNITY BE HAVIORAL HEALTH CLIN IC.
680+ (6) TARGETED CASE MANAGEM ENT; 15
716681
717- (3) THE DEPARTMENT MAY CONSID ER RATE ADJUSTMENTS ON
718-REQUEST BY A CERTIFI ED COMMUNITY BEHAVIO RAL HEALTH CLINIC .
682+ (7) PSYCHIATRIC REHABILIT ATION SERVICES ; 16
719683
720- (E) (1) THE DEPARTMENT SHALL ESTA BLISH A QUALITY INCE NTIVE
721-PAYMENT SYSTEM F OR A CERTIFIED COMMU NITY BEHAVIORAL HEAL TH CLINIC
722-THAT ACHIEVES SPECIF IED THRESHOLDS ON PE RFORMANCE METRICS
723-ESTABLISHED BY THE DEPARTMENT .
684+ (8) PEER SUPPORT AND FAMI LY SUPPORTS; 17
724685
725- (2) THE QUALITY INCENTIVE PAYMENT SYSTEM ESTAB LISHED UNDER
726-PARAGRAPH (1) OF THIS SUBSECTION S HALL BE IN ADDITION TO THE PROSPECTIVE
727-PAYMENT RATE ESTABLI SHED UNDER SUBSECTIO N (D) OF THIS SECTION.
686+ (9) MEDICATION–ASSISTED TREATMENT ; 18
728687
729-Article – Insurance
688+ (10) ASSERTIVE COMMUNITY T REATMENT; AND 19
730689
731-15–139.
690+ (11) COMMUNITY–BASED MENTAL HEALTH CARE FOR MILITARY 20
691+SERVICE MEMBERS AND VETERANS. 21
732692
733- (a) (1) In this section, “telehealth” means, as it relates to the delivery of health
734-care services, the use of interactive audio, video, or other telecommunications or electronic
735-technology by a licensed health care provider to deliver a health care service within the
736-scope of practice of the health care provider at a location other than the location of the
737-patient. WES MOORE, Governor Ch. 290
693+ (B) ON OR BEFORE DECEMBER 1, 2023, THE DEPARTMENT SHALL SUBM IT 22
694+A STATE PLAN AMENDMENT TO THE CENTERS FOR MEDICARE AND MEDICAID 23
695+SERVICES TO ESTABLISH CERTIFIED COMMUNITY BEHAVIORAL HEALTH CL INICS IN 24
696+ACCORDANCE WITH § 223 OF THE FEDERAL PROTECTING ACCESS TO MEDICARE 25
697+ACT OF 2014. 26
738698
739-– 17 –
699+ (C) IF THE AMENDMENT SUBM ITTED UNDER SUBSECTI ON (B) OF THIS 27
700+SECTION IS APPROVED , THE DEPARTMENT SHALL AM END THE STATE PLAN IN 28
701+ACCORDANCE WITH TITLE XIX AND TITLE XXI OF THE SOCIAL SECURITY ACT AS 29
702+NECESSARY TO COVER : 30
703+ 16 SENATE BILL 582
740704
741- (2) “Telehealth” includes from July 1, 2021, to June 30, [2023] 2025, both
742-inclusive, an audio–only telephone conversation between a health care provider and a
743-patient that results in the delivery of a billable, covered health care service.
744705
745- (3) “Telehealth” does not include:
706+ (1) ALL REQUIRED SERVICES FOR INDIVIDUALS WITH MENTAL 1
707+HEALTH NEEDS OR SUBS TANCE USE DISORDERS AT CERTIFIED COMMUNI TY 2
708+BEHAVIORAL HEALTH CLINICS THROUGH A DA ILY BUNDLED PAYMENT 3
709+METHODOLOGY THAT IS IN ALIGNMENT WITH FE DERAL PAYMENT FROM T HE 4
710+CENTERS FOR MEDICARE AND MEDICAID SERVICES FOR THE CERT IFIED 5
711+COMMUNITY BEHAVIORAL HEALTH CLINICS MEDICAID DEMONSTRATIO N UNDER § 6
712+223 OF THE FEDERAL PROTECTING ACCESS TO MEDICARE ACT OF 2014; AND 7
746713
747- (i) except as provided in paragraph (2) of this subsection, an
748-audio–only telephone conversation between a health care provider and a patient;
714+ (2) ANY ADDITIONAL SERVIC ES IDENTIFIED BY THE DEPARTMENT . 8
749715
750- (ii) an electronic mail message between a health care provider and a
751-patient; or
716+ (D) (1) THE DEPARTMENT SHALL ESTA BLISH STANDARDS AND 9
717+METHODOLOGIES FOR A PROSPECTIVE PAYMENT SYSTEM TO REIMBURSE A 10
718+CERTIFIED COMMUNITY BEHAVIORAL HEALT H CLINIC UNDER THE PROGRAM ON A 11
719+PREDETERMINED FIXED AMOUNT PER DAY FOR C OVERED SERVICES PROV IDED TO A 12
720+PROGRAM RECIPIENT . 13
752721
753- (iii) a facsimile transmission between a health care provider and a
754-patient.
722+ (2) THE PROSPECTIVE PAYME NT RATE FOR A CERTIF IED COMMUNITY 14
723+BEHAVIORAL HEALTH CL INIC SHALL: 15
755724
756- (b) This section applies to:
725+ (I) BE ADJUSTED ONCE EVER Y 3 YEARS BY THE MEDICARE 16
726+ECONOMIC INDEX IN ACCORDANCE W ITH § 223 OF THE FEDERAL PROTECTING 17
727+ACCESS TO MEDICARE ACT OF 2014; AND 18
757728
758- (1) insurers and nonprofit health service plans that provide hospital,
759-medical, or surgical benefits to individuals or groups on an expense–incurred basis under
760-health insurance policies or contracts that are issued or delivered in the State; and
729+ (II) ALLOW FOR MODIFICATIO NS BASED ON A CHANGE IN SCOPE 19
730+FOR AN INDIVIDUAL CE RTIFIED COMMUNITY BE HAVIORAL HEALTH CLIN IC. 20
761731
762- (2) health maintenance organizations that provide hospital, medical, or
763-surgical benefits to individuals or groups under contracts that are issued or delivered in
764-the State.
732+ (3) THE DEPARTMENT MAY CONSID ER RATE ADJUSTMENTS ON 21
733+REQUEST BY A CERTIFI ED COMMUNITY BEHAVIO RAL HEALTH CLINIC . 22
765734
766- (c) (1) An entity subject to this section:
735+ (E) (1) THE DEPARTMENT SHALL ESTA BLISH A QUALITY INCE NTIVE 23
736+PAYMENT SYSTEM FOR A CERTIFIED COMMUNITY BEHAVIORAL HEALTH CL INIC 24
737+THAT ACHIEVES SPECIF IED TH RESHOLDS ON PERFORMA NCE METRICS 25
738+ESTABLISHED BY THE DEPARTMENT . 26
767739
768- (i) shall provide coverage under a health insurance policy or
769-contract for health care services appropriately delivered through telehealth regardless of
770-the location of the patient at the time the telehealth services are provided;
740+ (2) THE QUALITY INCENTIVE PAYMENT SYSTEM ESTAB LISHED UNDER 27
741+PARAGRAPH (1) OF THIS SUBSECTION S HALL BE IN ADDITION TO THE PROSPECTIVE 28
742+PAYMENT RATE ESTABLI SHED UNDER SUBSECTIO N (D) OF THIS SECTION. 29
771743
772- (ii) may not exclude from coverage a health care service solely
773-because it is provided through telehealth and is not provided through an in–person
774-consultation or contact between a health care provider and a patient; and
744+Article – Insurance 30
775745
776- (iii) may not exclude from coverage or deny coverage for a behavioral
777-health care service that is a covered benefit under a health insurance policy or contract
778-when provided in person solely because the behavioral health care service may also be
779-provided through a covered telehealth benefit.
746+15–139. 31
780747
781- (2) The health care services appropriately delivered through telehealth
782-shall include counseling and treatment for substance use disorders and mental health
783-conditions.
784- Ch. 290 2023 LAWS OF MARYLAND
748+ (a) (1) In this section, “telehealth” means, as it relates to the delivery of health 32
749+care services, the use of interactive audio, video, or other telecommunications or electronic 33
750+technology by a licensed health care provider to deliver a health care service within the 34 SENATE BILL 582 17
785751
786-– 18 –
787- (d) (1) Subject to paragraph (2) of this subsection, an entity subject to this
788-section:
789752
790- (i) shall reimburse a health care provider for the diagnosis,
791-consultation, and treatment of an insured patient for a health care service covered under a
792-health insurance policy or contract that can be appropriately provided through telehealth;
753+scope of practice of the health care provider at a location other than the location of the 1
754+patient. 2
793755
794- (ii) is not required to:
756+ (2) “Telehealth” includes from July 1, 2021, to June 30, [2023] 2025, both 3
757+inclusive, an audio–only telephone conversation between a health care provider and a 4
758+patient that results in the delivery of a billable, covered health care service. 5
795759
796- 1. reimburse a health care provider for a health care service
797-delivered in person or through telehealth that is not a covered benefit under the health
798-insurance policy or contract; or
760+ (3) “Telehealth” does not include: 6
799761
800- 2. reimburse a health care provider who is not a covered
801-provider under the health insurance policy or contract; and
762+ (i) except as provided in paragraph (2) of this subsection, an 7
763+audio–only telephone conversation between a health care provider and a patient; 8
802764
803- (iii) 1. may impose a deductible, copayment, or coinsurance
804-amount on benefits for health care services that are delivered either through an in–person
805-consultation or through telehealth;
765+ (ii) an electronic mail message between a health care provider and a 9
766+patient; or 10
806767
807- 2. may impose an annual dollar maximum as permitted by
808-federal law; and
768+ (iii) a facsimile transmission between a health care provider and a 11
769+patient. 12
809770
810- 3. may not impose a lifetime dollar maximum.
771+ (b) This section applies to: 13
811772
812- (2) (i) From July 1, 2021, to June 30, [2023] 2025, both inclusive, when
813-a health care service is appropriately provided through telehealth, an entity subject to this
814-section shall provide reimbursement in accordance with paragraph (1)(i) of this subsection
815-on the same basis and at the same rate as if the health care service were delivered by the
816-health care provider in person.
773+ (1) insurers and nonprofit health service plans that provide hospital, 14
774+medical, or surgical benefits to individuals or groups on an expense–incurred basis under 15
775+health insurance policies or contracts that are issued or delivered in the State; and 16
817776
818- (ii) The reimbursement required under subparagraph (i) of this
819-paragraph does not include:
777+ (2) health maintenance organizations that provide hospital, medical, or 17
778+surgical benefits to individuals or groups under contracts that are issued or delivered in 18
779+the State. 19
820780
821- 1. clinic facility fees unless the health care service is
822-provided by a health care provider not authorized to bill a professional fee separately for
823-the health care service; or
781+ (c) (1) An entity subject to this section: 20
824782
825- 2. any room and board fees.
783+ (i) shall provide coverage under a health insurance policy or 21
784+contract for health care services appropriately delivered through telehealth regardless of 22
785+the location of the patient at the time the telehealth services are provided; 23
826786
827- (iii) This paragraph may not be construed to supersede the authority
828-of the Health Services Cost Review Commission to set the appropriate rates for hospitals,
829-including setting the hospital facility fee for hospital–provided telehealth.
787+ (ii) may not exclude from coverage a health care service solely 24
788+because it is provided through telehealth and is not provided through an in–person 25
789+consultation or contact between a health care provider and a patient; and 26
830790
831- (e) Subject to subsection (d)(1)(ii) of this section, an entity subject to this section
832-may not impose as a condition of reimbursement of a covered health care service delivered WES MOORE, Governor Ch. 290
791+ (iii) may not exclude from coverage or deny coverage for a behavioral 27
792+health care service that is a covered benefit under a health insurance policy or contract 28
793+when provided in person solely because the behavioral health care service may also be 29
794+provided through a covered telehealth benefit. 30
833795
834-– 19 –
835-through telehealth that the health care service be provided by a third–party vendor
836-designated by the entity.
796+ (2) The health care services appropriately delivered through telehealth 31
797+shall include counseling and treatment for substance use disorders and mental health 32
798+conditions. 33
799+ 18 SENATE BILL 582
837800
838- (f) An entity subject to this section may undertake utilization review, including
839-preauthorization, to determine the appropriateness of any health care service whether the
840-service is delivered through an in–person consultation or through telehealth if the
841-appropriateness of the health care service is determined in the same manner.
842801
843- (g) A health insurance policy or contract may not distinguish between patients in
844-rural or urban locations in providing coverage under the policy or contract for health care
845-services delivered through telehealth.
802+ (d) (1) Subject to paragraph (2) of this subsection, an entity subject to this 1
803+section: 2
846804
847- (h) A decision by an entity subject to this section not to provide coverage for
848-telehealth in accordance with this section constitutes an adverse decision, as defined in §
849-15–10A–01 of this title, if the decision is based on a finding that telehealth is not medically
850-necessary, appropriate, or efficient.
805+ (i) shall reimburse a health care provider for the diagnosis, 3
806+consultation, and treatment of an insured patient for a health care service covered under a 4
807+health insurance policy or contract that can be appropriately provided through telehealth; 5
851808
852- SECTION 4. AND BE IT FURTHER ENACTED, That:
809+ (ii) is not required to: 6
853810
854- (a) The Maryland Health Care Commission shall study and make
855-recommendations regarding the delivery of health care services through telehealth,
856-including payment parity for the delivery of health care services through audiovisual and
857-audio–only telehealth technologies.
811+ 1. reimburse a health care provider for a health care service 7
812+delivered in person or through telehealth that is not a covered benefit under the health 8
813+insurance policy or contract; or 9
858814
859- (b) In conducting the study required under subsection (a) of this section, the
860-Maryland Health Care Commission shall:
815+ 2. reimburse a health care provider who is not a covered 10
816+provider under the health insurance policy or contract; and 11
861817
862- (1) determine whether it is more or less costly for health care providers to
863-deliver health care services through telehealth;
818+ (iii) 1. may impose a deductible, copayment, or coinsurance 12
819+amount on benefits for health care services that are delivered either through an in–person 13
820+consultation or through telehealth; 14
864821
865- (2) determine whether the delivery of health care services through
866-telehealth requires more or less clinical effort on the part of the health care provider;
822+ 2. may impose an annual dollar maximum as permitted by 15
823+federal law; and 16
867824
868- (3) to help inform the debate on payment parity, identify the aspects of
869-telehealth that are subject to overuse or underuse or yield greater or lower value;
825+ 3. may not impose a lifetime dollar maximum. 17
870826
871- (4) assess the adequacy of reimbursement for behavioral health services
872-delivered in person and by telehealth; and
827+ (2) (i) From July 1, 2021, to June 30, [2023] 2025, both inclusive, when 18
828+a health care service is appropriately provided through telehealth, an entity subject to this 19
829+section shall provide reimbursement in accordance with paragraph (1)(i) of this subsection 20
830+on the same basis and at the same rate as if the health care service were delivered by the 21
831+health care provider in person. 22
873832
874- (5) address any other issues related to telehealth as determined necessary
875-by the Commission.
833+ (ii) The reimbursement required under subparagraph (i) of this 23
834+paragraph does not include: 24
876835
877- (c) On or before December 1, 2024, the Maryland Health Care Commission shall
878-submit a report on its findings and recommendations to the General Assembly, in
879-accordance with § 2–1257 of the State Government Article.
880- Ch. 290 2023 LAWS OF MARYLAND
836+ 1. clinic facility fees unless the health care service is 25
837+provided by a health care provider not authorized to bill a professional fee separately for 26
838+the health care service; or 27
881839
882-– 20 –
883- SECTION 5. AND BE IT FURTHER ENACTED, That the Maryland Department of
884-Health shall apply to the Substance Abuse and Mental Health Services Administration at
885-the Center for Mental Health Services for federal planning, development, and
886-implementation grant funds related to certified community behavioral health clinics for
887-fiscal year 2025.
840+ 2. any room and board fees. 28
888841
889- SECTION 6. AND BE IT FURTHER ENACTED, That the Maryland Department of
890-Health shall apply to the Substance Abuse and Mental Health Services Administration at
891-the Center for Mental Health Services for inclusion in the state certified community
892-behavioral health clinic demonstration program for fiscal year 2026.
842+ (iii) This paragraph may not be construed to supersede the authority 29
843+of the Health Services Cost Review Commission to set the appropriate rates for hospitals, 30
844+including setting the hospital facility fee for hospital–provided telehealth. 31
893845
894- SECTION 4. 7. AND BE IT FURTHER ENACTED, That Section 2 of this Act shall
895-take effect October 1, 2023. It shall remain effective for a period of 4 years and 2 months
896-and, at the end of November 30, 2027, Section 2 of this Act, with no further action required
897-by the General Assembly, shall be abrogated and of no further force and effect.
846+ (e) Subject to subsection (d)(1)(ii) of this section, an entity subject to this section 32
847+may not impose as a condition of reimbursement of a covered health care service delivered 33 SENATE BILL 582 19
898848
899- SECTION 5. 8. AND BE IT FURTHER ENACTED, That, except as provided in
900-Section 4 7 of this Act, this Act shall take effect June 1, 2023. Section 1 of this Act shall
901-remain effective for a period of 4 years and 1 month and, at the end of June 30, 2027, Section
902-1 of this Act, with no further action required by the General Assembly, shall be abrogated
903-and of no further force and effect.
904849
905-Approved by the Governor, May 3, 2023.
850+through telehealth that the health care service be provided by a third–party vendor 1
851+designated by the entity. 2
852+
853+ (f) An entity subject to this section may undertake utilization review, including 3
854+preauthorization, to determine the appropriateness of any health care service whether the 4
855+service is delivered through an in–person consultation or through telehealth if the 5
856+appropriateness of the health care service is determined in the same manner. 6
857+
858+ (g) A health insurance policy or contract may not distinguish between patients in 7
859+rural or urban locations in providing coverage under the policy or contract for health care 8
860+services delivered through telehealth. 9
861+
862+ (h) A decision by an entity subject to this section not to provide coverage for 10
863+telehealth in accordance with this section constitutes an adverse decision, as defined in § 11
864+15–10A–01 of this title, if the decision is based on a finding that telehealth is not medically 12
865+necessary, appropriate, or efficient. 13
866+
867+ SECTION 4. AND BE IT FURTHER ENACTED, That: 14
868+
869+ (a) The Maryland Health Care Commission shall study and make 15
870+recommendations regarding the delivery of health care services through telehealth, 16
871+including payment parity for the delivery of health care services through audiovisual and 17
872+audio–only telehealth technologies. 18
873+
874+ (b) In conducting the study required under subsection (a) of this section, the 19
875+Maryland Health Care Commission shall: 20
876+
877+ (1) determine whether it is more or less costly for health care providers to 21
878+deliver health care services through telehealth; 22
879+
880+ (2) determine whether the delivery of health care services through 23
881+telehealth requires more or less clinical effort on the part of the health care provider; 24
882+
883+ (3) to help inform the debate on payment parity, identify the aspects of 25
884+telehealth that are subject to overuse or underuse or yield greater or lower value; 26
885+
886+ (4) assess the adequacy of reimbursement for behavioral health services 27
887+delivered in person and by telehealth; and 28
888+
889+ (5) address any other issues related to telehealth as determined necessary 29
890+by the Commission. 30
891+
892+ (c) On or before December 1, 2024, the Maryland Health Care Commission shall 31
893+submit a report on its findings and recommendations to the General Assembly, in 32
894+accordance with § 2–1257 of the State Government Article. 33
895+ 20 SENATE BILL 582
896+
897+
898+ SECTION 5. AND BE IT FURTHER ENACTED, That the Maryland Department of 1
899+Health shall apply to the Substance Abuse and Mental Health Services Administration at 2
900+the Center for Mental Health Services for federal planning, development, and 3
901+implementation grant funds related to certified community behavioral health clinics for 4
902+fiscal year 2025. 5
903+
904+ SECTION 6. AND BE IT FURTHER ENACTED, That the Maryland Department of 6
905+Health shall apply to the Substance Abuse and Mental Health Services Administration at 7
906+the Center for Mental Health Services for inclusion in the state certified community 8
907+behavioral health clinic demonstration program for fiscal year 2026. 9
908+
909+ SECTION 4. 7. AND BE IT FURTHER ENACTED, That Section 2 of this Act shall 10
910+take effect October 1, 2023. It shall remain effective for a period of 4 years and 2 months 11
911+and, at the end of November 30, 2027, Section 2 of this Act, with no further action required 12
912+by the General Assembly, shall be abrogated and of no further force and effect. 13
913+
914+ SECTION 5. 8. AND BE IT FURTHER ENACTED, That, except as provided in 14
915+Section 4 7 of this Act, this Act shall take effect June 1, 2023. Section 1 of this Act shall 15
916+remain effective for a period of 4 years and 1 month and, at the end of June 30, 2027, Section 16
917+1 of this Act, with no further action required by the General Assembly, shall be abrogated 17
918+and of no further force and effect. 18
919+
920+
921+
922+
923+
924+Approved:
925+________________________________________________________________________________
926+ Governor.
927+________________________________________________________________________________
928+ President of the Senate.
929+________________________________________________________________________________
930+ Speaker of the House of Delegates.