EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb1100*
HOUSE BILL 1100
E3, J1 4lr2167
CF SB 1110
By: Delegate Cardin
Introduced and read first time: February 7, 2024
Assigned to: Health and Government Operations and Judiciary
A BILL ENTITLED
AN ACT concerning 1
Health – Child Advocacy Centers – Reporting Requirements and Investigations 2
FOR the purpose of requiring child advocacy centers to report annually to the Behavioral 3
Health Administration certain information related to behavioral health care services 4
provided at the center; requiring the Administration to include in its annual report 5
certain information related to child advocacy centers; authorizing the Secretary of 6
Health to investigate certain complaints related to child advocacy centers; and 7
generally relating to child advocacy centers. 8
BY repealing and reenacting, with amendments, 9
Article – Health – General 10
Section 2–503(a) and 7.5–209(b)(7) and (8) 11
Annotated Code of Maryland 12
(2023 Replacement Volume) 13
BY repealing and reenacting, without amendments, 14
Article – Health – General 15
Section 7.5–209(a) and (e) 16
Annotated Code of Maryland 17
(2023 Replacement Volume) 18
BY adding to 19
Article – Health – General 20
Section 7.5–209(b)(9) and 7.5–209.1; and 24–2401 through 24–2404 to be under the 21
new subtitle “Subtitle 24. Child Advocacy Centers” 22
Annotated Code of Maryland 23
(2023 Replacement Volume) 24
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 25
That the Laws of Maryland read as follows: 26 2 HOUSE BILL 1100
Article – Health – General 1
2–503. 2
(a) The Inspector General: 3
(1) May investigate fraud, waste, abuse of departmental funds, and 4
behavior in the Department that threatens public safety or demonstrates negligence, 5
incompetence, or malfeasance; 6
(2) Shall cooperate with and coordinate investigative efforts with the 7
Medicaid Fraud Control Unit and where a preliminary investigation establishes a sufficient 8
basis to warrant referral, shall refer such matters to the Medicaid Fraud Control Unit; 9
[and] 10
(3) IF AUTHORITY IS DELEG ATED BY THE SECRETARY UNDER § 11
24–2402 OF THIS ARTICLE , MAY INVESTIGATE A COMPLAINT AGAINST A FACILITY, 12
AN ENTITY, OR AN INDIVIDUAL THAT OPER ATES OR PROVIDE S SERVICES AT A CHILD 13
ADVOCACY CENTER ; AND 14
[(3)] (4) Shall cooperate with and coordinate investigative efforts with 15
departmental programs and other State and federal agencies to ensure a provider is not 16
subject to duplicative audits. 17
7.5–209. 18
(a) In consultation with interested stakeholders, the Director shall prepare an 19
annual report on behavioral health services for children and young adults in the State. 20
(b) The report shall include: 21
(7) The median length of stay for children and young adults at: 22
(i) A residential treatment center; 23
(ii) A psychiatric unit at a hospital; and 24
(iii) A residential substance–related disorders program; [and] 25
(8) For residential treatment centers: 26
(i) The total number of children and young adults admitted during 27
the report year; and 28
HOUSE BILL 1100 3
(ii) The total number of children and young adults discharged during 1
the report year; AND 2
(9) THE INFORMATION RECEIVED FROM CHILD ADVOCACY CENTE RS 3
UNDER § 7.5–209.1 OF THIS SUBTITLE . 4
(e) On or before December 1 each year, the Director shall submit the report 5
required under this section to the Governor and, in accordance with § 2–1257 of the State 6
Government Article, the General Assembly. 7
7.5–209.1. 8
(A) IN THIS SECTION , “CHILD ADVOCACY CENTE R” MEANS A 9
CHILD–FOCUSED ENTITY WITHIN OR OUTSIDE A HEALTH CARE FACILITY THAT 10
INVESTIGATES, DIAGNOSES, AND TREATS CHILDREN WHO MAY HAVE BEEN AB USED 11
OR NEGLECTED THAT : 12
(1) INCLUDES LOCAL LAW EN FORCEMENT OFFICERS , LOCAL 13
CRIMINAL PROSECUTORS , AND THE LOCAL DEPART MENT OF SOCIAL SERVICES ; AND 14
(2) MAY INCLUDE CHILD MEN TAL HEALTH SERVICE P ROVIDERS AND 15
OTHER CHILDREN AND F AMILY SERVICE PROVID ERS. 16
(B) EACH CHILD ADVOCACY CENTER SHALL REPORT ANNUALLY TO T HE 17
ADMINISTRATION : 18
(1) THE NAMES AND LICENSE NUMBERS OF THE BEHAVIORAL 19
HEALTH CARE PROVIDER S WHO ARE PROVIDING SE RVICES IN THE CHILD ADVOCACY 20
CENTER; 21
(2) THE SCOPE OF THE BEHAVIORAL HEALTH CA RE SERVICES BEING 22
PROVIDED BY THE CHILD ADVOCAC Y CENTER; AND 23
(3) THE CHILD ADVOCACY CE NTER’S OPERATING POLICIES A ND 24
GUIDELINES FOR PROVIDING QUALITY OF CARE AND CONTINUITY OF CARE, 25
INCLUDING THE TRANSITION OF CARE B ETWEEN BEHAVIORAL HE ALTH CARE 26
PROVIDERS. 27
(C) THE PURPOSE OF THE RE PORT REQUIRED UNDER SUBSECTION (B) OF 28
THIS SECTION IS TO: 29
(1) PROVIDE INFORMATION TO THE STATE REGARDING THE 30
BEHAVIORAL HEALTH CA RE SERVICES BEING PR OVIDED OUTSIDE A REG ULATED 31
HEALTH CARE FACILITY ; AND 32 4 HOUSE BILL 1100
(2) ENSURE THAT STANDARDS ARE IN PLACE TO PROT ECT 1
INDIVIDUALS RECEIVING AND PROVID ING BEHAVIORAL HEALT H CARE SERVICES AT 2
A CHILD ADVOCACY CENTE R. 3
SUBTITLE 24. CHILD ADVOCACY CENTERS. 4
24–2401. 5
IN THIS SUBTITLE , “CHILD ADVOCACY CENTE R” MEANS A CHILD –FOCUSED 6
ENTITY WITHIN OR OUT SIDE A HEALTH CARE F ACILITY THAT INVESTI GATES, 7
DIAGNOSES, AND TREATS CHILDREN WHO MAY HAVE BEEN AB USED OR NEGLECTED 8
THAT: 9
(1) INCLUDES LOCAL LAW EN FORCEMENT OFFICERS , LOCAL 10
CRIMINAL PROSECUTORS , AND THE LOCAL DEPART MENT OF SOCIAL SERVI CES; AND 11
(2) MAY INCLUDE CHILD MEN TAL HEALTH SERVICE P ROVIDERS AND 12
OTHER CHILDREN AND F AMILY SERVICE PROVID ERS. 13
24–2402. 14
(A) SUBJECT TO SUBSECTION (B) OF THIS SECTION , THE SECRETARY MAY 15
INVESTIGATE A COMPLAINT AGAINST : 16
(1) A FACILITY OR AN ENTITY THAT OPERATES AS A C HILD ADVOCACY 17
CENTER; OR 18
(2) AN INDIVIDUAL WHO PROVIDES BEHAVIORAL HEALTH CA RE 19
SERVICES IN A CHILD ADVOCACY CENTE R. 20
(B) THE SECRETARY MAY DELEGAT E THE AUTHORITY PROV IDED UNDER 21
SUBSECTION (A) OF THIS SECTION TO : 22
(1) A HEALTH OCCUPATIONS B OARD; 23
(2) THE OFFICE OF HEALTH CARE QUALITY; OR 24
(3) THE MARYLAND OFFICE OF THE INSPECTOR GENERAL FOR 25
HEALTH. 26
24–2403. 27
HOUSE BILL 1100 5
A PERSON SUBJECT TO A COMPLAI NT UNDER THIS SUBTIT LE MAY BE SUBJECT 1
TO A CIVIL FINE NOT EXCEEDING $5,000. 2
24–2404. 3
THE SECRETARY MAY ADOPT R EGULATIONS TO CARRY OUT THIS SUBTITLE . 4
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 5
October 1, 2024. 6