Maryland 2024 Regular Session

Maryland House Bill HB1396 Compare Versions

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33 EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
44 [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.
85 *hb1396*
96
107 HOUSE BILL 1396
118 J1 4lr3085
129 HB 1198/23 – HGO
1310 By: Delegates Howard, Arentz, Buckel, Griffith, Hinebaugh, Hornberger,
1411 McComas, Miller, Mireku–North, T. Morgan, Munoz, Taylor, and Tomlinson
15-Tomlinson, Pena–Melnyk, Cullison, Alston, Bagnall, Chisholm, Guzzone,
16-Hill, Hutchinson, S. Johnson, Kaiser, Kerr, Kipke, R. Lewis, Lopez,
17-Martinez, M. Morgan, Reilly, Rosenberg, Szeliga, Taveras, White Holland,
18-and Woods
1912 Introduced and read first time: February 9, 2024
2013 Assigned to: Health and Government Operations
21-Committee Report: Favorable with amendments
22-House action: Adopted
23-Read second time: March 7, 2024
2414
25-CHAPTER ______
15+A BILL ENTITLED
2616
2717 AN ACT concerning 1
2818
2919 Drug and Alcohol Treatment Programs – Discharge of Patients and Referral 2
3020 Services – Standards 3
31-Maryland Department of Health – Substance Use Disorder Treatment and 4
32-Recovery Levels of Care – Study 5
3321
34-FOR the purpose of requiring the Maryland Department of Health to establish by 6
35-regulation standards relating to the discharge of patients from drug and alcohol 7
36-treatment programs and certain referral services offered to patients by certain drug 8
37-and alcohol treatment programs conduct a certain study on linkages between levels 9
38-of care within the substance use disorder treatment and recovery continuum of care; 10
39-and generally relating to the Maryland Department of Health and standards 11
40-applicable to drug and alcohol treatment programs in the State a study on linkages 12
41-between levels of care within the substance use disorder treatment and recovery 13
42-continuum of care. 14
22+FOR the purpose of requiring the Maryland Department of Health to establish by 4
23+regulation standards relating to the discharge of patients from drug and alcohol 5
24+treatment programs and certain referral services offered to patients by certain drug 6
25+and alcohol treatment programs; and generally relating to the Maryland Department 7
26+of Health and standards applicable to drug and alcohol treatment programs in the 8
27+State. 9
4328
44-BY adding to 15
45- Article – Health – General 16
46-Section 7.5–402.1 17
47- Annotated Code of Maryland 18
48- (2023 Replacement Volume) 19 2 HOUSE BILL 1396
29+BY adding to 10
30+ Article – Health – General 11
31+Section 7.5–402.1 12
32+ Annotated Code of Maryland 13
33+ (2023 Replacement Volume) 14
34+
35+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15
36+That the Laws of Maryland read as follows: 16
37+
38+Article – Health – General 17
39+
40+7.5–402.1. 18
41+
42+ (A) IN THIS SECTION THE F OLLOWING WORDS HA VE THE MEANINGS 19
43+INDICATED. 20
44+
45+ (1) “ASAM LEVEL 3.1 SERVICES” HAS THE MEANING STAT ED IN § 21
46+7.5–601 OF THIS TITLE. 22
47+ 2 HOUSE BILL 1396
48+
49+
50+ (2) “TREATMENT PROGRAM ” MEANS AN ENTITY THAT : 1
51+
52+ (I) PROVIDES TREATMENT , CARE, OR REHABILITATION FO R 2
53+PATIENTS WHO SHOW TH E EFFECTS OF DRUG OR ALCOHOL ABUSE ; 3
54+
55+ (II) REPRESENTS OR ADVERTI SES ITSELF AS AN ALC OHOL OR 4
56+OTHER DRUG ABUSE TRE ATMENT PROGRAM ; AND 5
57+
58+ (III) IS REQUIRED TO OBTAIN A CERTIFICATION FROM THE 6
59+ADMINISTRATION TO PRO VIDE DRUG AND ALCOHO L TREATMENT SERVICES IN THE 7
60+STATE. 8
61+
62+ (B) (1) THE DEPARTMENT SHALL ESTA BLISH BY REGULATION 9
63+STANDARDS FOR THE DI SCHARGE OF PATIENTS FROM TREATMENT PROGR AMS. 10
64+
65+ (2) THE STANDARDS ESTABLI SHED IN REGULATION U NDER 11
66+PARAGRAPH (1) OF THIS SUBSECTION S HALL: 12
67+
68+ (I) REQUIRE THAT A DISCHA RGE FROM A TREATMENT 13
69+PROGRAM BE APPROPRIA TE FOR THE PATIENT ’S MENTAL HEALTH OR S UBSTANCE 14
70+USE DISORDER DIAGNOS IS; 15
71+
72+ (II) 1. PROHIBIT A TREATMENT PROGRAM FROM 16
73+DISCHARGING THE PATIENT IF THE PATIE NT: 17
74+
75+ A. WILL BE HOMELESS OR R ESIDE IN A HOMELESS 18
76+SHELTER ON DISCHARGE ; AND 19
77+
78+ B. NEEDS TO RECEIVE CARE IN A RESIDENTIAL 20
79+PROGRAM BASED ON THE ASSESSMENT CONDUCTED OR UNDER THE TREATME NT 21
80+PLAN PREPARED FOR TH E PATIENT; AND 22
81+
82+ 2. REQUIRE A TREATMENT P ROGRAM TO REFER THE 23
83+PATIENT WHO MEETS TH E CRITERIA UNDER ITE M 1 OF THIS ITEM TO REC EIVE CARE 24
84+IN A HALFWAY HOUSE T HAT PROVIDES ASAM LEVEL 3.1 SERVICES OR AN 25
85+APPROPRIATE RECOVERY RESIDENCE IF THE PAT IENT IS WILLING TO RECEIVE THIS 26
86+LEVEL OF CARE; 27
87+
88+ (III) BEFORE OR AT THE TIME OF DISCHARGE , REQUIRE A 28
89+TREATMENT PROGRAM TO REFER AND FACILITA TE ENTRY OF A PATIEN T INTO A 29
90+PROGRAM OR SERVICE I DENTIFIED AS A NEED FOR THE PATIENT UNDE R THE 30
91+ASSESSMENT CONDUCTED OR UNDER THE TREATME NT PLAN PREPARED FOR THE 31
92+PATIENT, INCLUDING PROGRAMS O R SERVICES TO: 32 HOUSE BILL 1396 3
4993
5094
5195
52- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
53-That the Laws of Maryland read as follows: 2
96+ 1. ADDRESS NEEDS RELATIN G TO: 1
5497
55- (a) The Maryland Department of Health shall conduct a study regarding the 3
56-linkages between the various levels of care within the substance use disorder treatment 4
57-and recovery continuum of care. 5
98+ A. PHYSICAL AND MENTAL HEALTH ; 2
5899
59- (b) The study required under subsection (a) of this section shall examine: 6
100+ B. EMPLOYMENT OR FINANCI AL SUPPORT; 3
60101
61- (1) linkages from high–intensity outpatient treatment programs to a 7
62-patient’s need for comprehensive services, including: 8
102+ C. DRUG AND ALCOHOL TREA TMENT AT THE ASAM 4
103+LEVEL APPROPRIATE FO R THE PATIENT; 5
63104
64- (i) additional treatment; 9
105+ D. LEGAL REPRESENTATION AND ASSISTANCE ; 6
65106
66- (ii) housing; and 10
107+ E. FAMILY AND SOCIAL MAT TERS; AND 7
67108
68- (iii) other social services support; and 11
109+ F. EDUCATION; AND 8
69110
70- (2) existing requirements related to discharge planning in accreditation 12
71-standards, statute, and regulation. 13
111+ 2. PROVIDE APPROPRIATE I NDIVIDUALIZED 9
112+INTERVENTIONS FOR TH E PATIENT, INCLUDING: 10
72113
73- (c) The Department shall make recommendations on improvements to existing 14
74-discharge and linkage requirements and improvements to the process for enforcing the 15
75-discharge and linkage requirements. 16
114+ A. SHORT– AND LONG–RANGE TREATMENT ; 11
76115
77- (d) On or before December 1, 2024, the Department shall report to the Senate 17
78-Finance Committee and the House Health and Government Operations Committee, in 18
79-accordance with § 2–1257 of the State Government Article, on the study conducted under 19
80-subsection (a) of this section. 20
116+ B. CLINICAL SERVICES , INCLUDING INDIVIDUAL , 12
117+GROUP, AND FAMILY COUNSELIN G; 13
81118
82-Article Health – General 21
119+ C. SELFHELP GROUPS ; AND 14
83120
84-7.5–402.1. 22
121+ D. OTHER ANCILLARY SE RVICES SPECIFIED IN THE 15
122+TREATMENT PLAN ; 16
85123
86- (A) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 23
87-INDICATED. 24
124+ (IV) IF THE PATIENT IS TRA NSITIONING FROM ONE 17
125+RESIDENTIAL TREATMEN T PROGRAM TO ANOTHER RESIDENTIAL TREATMEN T 18
126+PROGRAM, REQUIRE THAT THE REF ERRAL FOR ANY OUTPAT IENT SERVICES LISTED 19
127+UNDER ITEM (III) OF THIS ITEM AND NOT PROVIDED BY THE RECEIVING TREATMENT 20
128+PROGRAM BE IN PLACE BEFORE THE TRANSFER OF THE PATIENT TO TH E RECEIVING 21
129+TREATMENT PROGRAM ; AND 22
88130
89- (1) “ASAM LEVEL 3.1 SERVICES” HAS THE MEANING STAT ED IN § 25
90-7.5–601 OF THIS TITLE. 26
131+ (V) IF THE PATIENT IS TRA NSITIONING TO A HOME LESS 23
132+SHELTER, REQUIRE THAT THE REF ERRAL FOR ANY OUTPAT IENT SERVICES LIS TED 24
133+UNDER ITEM (III) OF THIS ITEM AND NOT PROVIDED BY THE HOME LESS SHELTER BE 25
134+IN PLACE BEFORE THE TRANSFER OF THE PATI ENT TO THE HOMELESS SHELTER. 26
91135
92- (2) “TREATMENT PROGRAM ” MEANS AN ENTITY THAT : 27
93-
94- (I) PROVIDES TREATMENT , CARE, OR REHABILITATION FO R 28
95-PATIENTS WHO SHOW TH E EFFECTS OF DRUG OR ALCOHOL ABUSE ; 29
96- HOUSE BILL 1396 3
136+ (C) (1) THIS SUBSECTION APPLI ES TO: 27
137+ 4 HOUSE BILL 1396
97138
98139
99- (II) REPRESENTS OR ADVERTI SES ITSELF AS AN ALC OHOL OR 1
100-OTHER DRUG ABUSE TREATMENT PROGRAM ; AND 2
140+ (I) AN ASAM LEVEL 3.3 CLINICALLY MANAGED M EDIUM 1
141+INTENSITY TREATMENT PROGRAM; AND 2
101142
102- (III) IS REQUIRED TO OBTAIN A CERTIFICATION FROM THE 3
103-ADMINISTRATION TO PRO VIDE DRUG AND ALCOHO L TREATMENT SERVICES IN THE 4
104-STATE. 5
143+ (II) AN ASAM LEVEL 3.5 CLINICALLY MANAGED H IGH 3
144+INTENSITY RESIDENTIA L PROGRAM. 4
105145
106- (B) (1) THE DEPARTMENT SHALL ESTA BLISH BY REGULATION 6
107-STANDARDS FOR THE DI SCHARGE OF PATIENTS FROM TREATMENT PROGRAMS . 7
146+ (2) THE DEPARTMENT SHALL ESTA BLISH BY REGULATION 5
147+STANDARDS FOR REFERR AL SERVICES OFFERED TO PATIENTS BY TREAT MENT 6
148+PROGRAMS SUBJECT TO THIS SUBSECTION . 7
108149
109- (2) THE STANDARDS ESTABLI SHED IN REGULATION U NDER 8
110-PARAGRAPH (1) OF THIS SUBSECTION S HALL: 9
150+ (3) THE STANDARDS ESTABLI SHED BY REGULATION U NDER 8
151+PARAGRAPH (2) OF THIS SUBSECTION S HALL: 9
111152
112- (I) REQUIRE THAT A DISCHA RGE FROM A TREATMENT 10
113-PROGRAM BE APPROPRIA TE FOR THE PATIENT ’S MENTAL HEALTH OR S UBSTANCE 11
114-USE DISORDER DIAGNOS IS; 12
153+ (I) 1. REQUIRE A TREATMENT P ROGRAM TO IMPLEMENT AN 10
154+AGREEMENT REFERRING A PATIENT TO RECEIVE SERVICES WITHIN 3 WORKING 11
155+DAYS OF SIGNING AN I NDIVIDUALIZED TREATM ENT PLAN WHEN THE PLAN INCL UDES 12
156+REFERRAL SERVICES FO R: 13
115157
116- (II) 1. PROHIBIT A TREATMENT PROGRAM FROM 13
117-DISCHARGING THE PATI ENT IF THE PATIENT : 14
158+ A. MEDICAL CARE; 14
118159
119- A. WILL BE HOMELESS OR R ESIDE IN A HOMELESS 15
120-SHELTER ON DISCHARGE ; AND 16
160+ B. SERVICES THROUGH THE MARYLAND DIVISION OF 15
161+REHABILITATION SERVICES; 16
121162
122- B. NEEDS TO RECEIVE CARE IN A RESIDENTIAL 17
123-PROGRAM BASED ON THE ASSESSMENT CONDUCTED OR UNDER THE TREATMENT 18
124-PLAN PREPARED FOR TH E PATIENT; AND 19
163+ C. MENTAL HEALTH SERVICE S; 17
125164
126- 2. REQUIRE A TREATMENT P ROGRAM TO REFER THE 20
127-PATIENT WHO MEETS TH E CRITERIA UNDER ITE M 1 OF THIS ITEM TO RECE IVE CARE 21
128-IN A HALFWAY HOUSE T HAT PROVIDES ASAM LEVEL 3.1 SERVICES OR AN 22
129-APPROPRIATE RECOVERY RESIDENCE IF THE PAT IENT IS WILLING TO R ECEIVE THIS 23
130-LEVEL OF CARE; 24
165+ D. SUBSTANCE ABUSE TREAT MENT; 18
131166
132- (III) BEFORE OR AT THE TIME OF DISCHARGE , REQUIRE A 25
133-TREATMENT PROGRAM TO REFER AND FACILITATE ENTRY OF A PATIENT I NTO A 26
134-PROGRAM OR SERVICE I DENTIFIED AS A NEED FOR THE PATIENT UNDE R THE 27
135-ASSESSMENT CONDUCTED OR UNDER THE TREATME NT PLAN PREPARED FOR THE 28
136-PATIENT, INCLUDING PROGRAMS O R SERVICES TO: 29
167+ E. LEGAL REPRESENTATION OR ASSISTANCE; 19
137168
138- 1. ADDRESS NEEDS RELATIN G TO: 30
169+ F. FAMILY SERVICES ; OR 20
139170
140- A. PHYSICAL AND MENTAL H EALTH; 31
171+ G. SOCIAL SERVICES; AND 21
141172
142- B. EMPLOYMENT OR FINANCI AL SUPPORT; 32 4 HOUSE BILL 1396
173+ 2. REQUIRE THE INDIVIDUA LIZED TREATMENT PLAN TO 22
174+INCLUDE A PLAN FOR H OW THE PATIENT WILL ACCESS THE SERVICES LISTED UNDER 23
175+ITEM 1 OF THIS ITEM; AND 24
176+
177+ (II) REQUIRE THAT TREATMEN T PROGRAM REFERRAL 25
178+AGREEMENTS REMAIN VA LID IN THE EVENT OF A PATIENT’S DISCHARGE FROM A 26
179+TREATMENT PROGRAM TO ENSURE THE CONTINUIT Y OF RECEIPT OF THE REFERRAL 27
180+SERVICES BY THE PATI ENT. 28
181+
182+ SECTION 2. AND BE IT FURTHER ENACTED, That, on or before December 1, 29
183+2024, the Maryland Department of Health shall submit a report to the Governor and, in 30 HOUSE BILL 1396 5
143184
144185
186+accordance with § 2–1257 of the State Government Article, the General Assembly that 1
187+includes: 2
145188
146- C. DRUG AND ALCOHOL TREATMENT AT THE ASAM 1
147-LEVEL APPROPRIATE FO R THE PATIENT; 2
189+ (1) the status of the adoption and revision of regulations to implement the 3
190+requirements of this Act and Chapter 580 of the Acts of the General Assembly of 2017; and 4
148191
149- D. LEGAL REPRESENTATION AND ASSISTANCE ; 3
192+ (2) a plan for the enforcement of the statutory and regulatory requirements 5
193+under this Act and Chapter 580 of the Acts of the General Assembly of 2017. 6
150194
151- E. FAMILY AND SOCIAL MAT TERS; AND 4
152-
153- F. EDUCATION; AND 5
154-
155- 2. PROVIDE APPROPRIATE I NDIVIDUALIZED 6
156-INTERVENTIONS FOR TH E PATIENT, INCLUDING: 7
157-
158- A. SHORT– AND LONG–RANGE TREATMENT ; 8
159-
160- B. CLINICAL SERVICES , INCLUDING INDIVIDUAL , 9
161-GROUP, AND FAMILY COUNSELIN G; 10
162-
163- C. SELF–HELP GROUPS ; AND 11
164-
165- D. OTHER ANCILLARY SERVI CES SPECIFIED IN THE 12
166-TREATMENT PLAN ; 13
167-
168- (IV) IF THE PATIENT IS TRA NSITIONING FROM ONE 14
169-RESIDENTIAL TREATMEN T PROGRAM TO ANOTHER RESIDENTIAL TREATMEN T 15
170-PROGRAM, REQUIRE THAT THE REF ERRAL FOR ANY OUTPAT IENT SERVICES LISTED 16
171-UNDER ITEM (III) OF THIS ITEM AND NOT PROVIDED BY THE RECE IVING TREATMENT 17
172-PROGRAM BE IN PLACE BEFORE THE TRANSFER OF THE PATIENT TO THE REC EIVING 18
173-TREATMENT PROGRAM ; AND 19
174-
175- (V) IF THE PATIENT IS TRA NSITIONING TO A HOME LESS 20
176-SHELTER, REQUIRE THAT THE REF ERRAL FOR ANY OUTPAT IENT SERVICES LISTED 21
177-UNDER ITEM (III) OF THIS ITEM AND NOT PROVIDED BY THE HOME LESS SHELTER BE 22
178-IN PLACE BEFORE THE TRANSFER OF THE PATIENT TO TH E HOMELESS SHELTER . 23
179-
180- (C) (1) THIS SUBSECTION APPLI ES TO: 24
181-
182- (I) AN ASAM LEVEL 3.3 CLINICALLY MANAGED M EDIUM 25
183-INTENSITY TREATMENT PROGRAM; AND 26
184-
185- (II) AN ASAM LEVEL 3.5 CLINICALLY MANAGED H IGH 27
186-INTENSITY RESIDENTIA L PROGRAM. 28
187- HOUSE BILL 1396 5
188-
189-
190- (2) THE DEPARTMENT SHALL ESTA BLISH BY REGULATION 1
191-STANDARDS FOR REFERR AL SERVICES OFFERED TO PATIENTS BY TREAT MENT 2
192-PROGRAMS SUBJECT TO THIS SUBSECTION . 3
193-
194- (3) THE STANDARDS ESTABLI SHED BY REGULATION U NDER 4
195-PARAGRAPH (2) OF THIS SUBSECTION S HALL: 5
196-
197- (I) 1. REQUIRE A TREATMENT P ROGRAM TO IMPLEMENT AN 6
198-AGREEMENT REFERRING A PATIENT TO RECEIVE SERVICES WITHIN 3 WORKING 7
199-DAYS OF SIGNING AN I NDIVIDUALIZED TREATM ENT PLAN WHEN THE PL AN INCLUDES 8
200-REFERRAL SERVICES FO R: 9
201-
202- A. MEDICAL CARE; 10
203-
204- B. SERVICES THROUGH THE MARYLAND DIVISION OF 11
205-REHABILITATION SERVICES; 12
206-
207- C. MENTAL HEALTH SERVICE S; 13
208-
209- D. SUBSTANCE ABUSE TREAT MENT; 14
210-
211- E. LEGAL REPRESENTATION OR ASSISTANCE; 15
212-
213- F. FAMILY SERVICES ; OR 16
214-
215- G. SOCIAL SERVICES; AND 17
216-
217- 2. REQUIRE THE INDIVIDUALIZED TREAT MENT PLAN TO 18
218-INCLUDE A PLAN FOR H OW THE PATIENT WILL ACCESS THE SERVICES LISTED UNDER 19
219-ITEM 1 OF THIS ITEM; AND 20
220-
221- (II) REQUIRE THAT TREATMEN T PROGRAM REFERRAL 21
222-AGREEMENTS REMAIN VA LID IN THE EVENT OF A PATIENT’S DISCHARGE FROM A 22
223-TREATME NT PROGRAM TO ENSURE THE CONTINUITY OF RE CEIPT OF THE REFERRA L 23
224-SERVICES BY THE PATI ENT. 24
225-
226- SECTION 2. AND BE IT FURTHER ENACTED, That, on or before December 1, 25
227-2024, the Maryland Department of Health shall submit a report to the Governor and, in 26
228-accordance with § 2–1257 of the State Government Article, the General Assembly that 27
229-includes: 28
230-
231- (1) the status of the adoption and revision of regulations to implement the 29
232-requirements of this Act and Chapter 580 of the Acts of the General Assembly of 2017; and 30
233- 6 HOUSE BILL 1396
234-
235-
236- (2) a plan for the enforcement of the statutory and regulatory requirements 1
237-under this Act and Chapter 580 of the Acts of the General Assembly of 2017. 2
238-
239- SECTION 3. 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 3
240-June 1, 2024. 4
241-
242-
243-
244-Approved:
245-________________________________________________________________________________
246- Governor.
247-________________________________________________________________________________
248- Speaker of the House of Delegates.
249-________________________________________________________________________________
250- President of the Senate.
195+ SECTION 3. AND BE IT FURTH ER ENACTED, That this Act shall take effect June 7
196+1, 2024. 8