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Maryland House Bill HB1439

Maryland 2024 Regular Session

Maryland House Bill HB1439 Compare Versions

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1- WES MOORE, Governor Ch. 718
21
3-– 1 –
4-Chapter 718
5-(House Bill 1439)
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+ *hb1439*
89
9-Public Health – Funding for Trauma Centers and Services
10-Emergency Services – Funding
10+HOUSE BILL 1439
11+J3, R2, R3 4lr2592
1112
12-FOR the purpose of altering the purpose, contents, and sources of the funding of the
13-Maryland Trauma Physician Services Fund; altering the entities to which money
14-from the Maryland Trauma Physician Services Fund is transferred; altering the
15-methodology used to determine eligibility for disbursements from the Maryland
16-Trauma Physician Services Fund; altering the amount of the motor vehicle
17-registration surcharge and the amount of the surcharge that is required to be paid
18-into the Maryland Trauma Physician Services Fund; increasing the fines for certain
19-violations of the Maryland Vehicle Law related to driving while impaired; altering
20-the authorized uses of the Maryland Emergency Medical System Operations Fund;
21-and generally relating to the funding for trauma centers and services increasing the
22-motor vehicle registration emergency medical system surcharge for certain motor
23-vehicles; providing for the distribution of revenues derived from the surcharge;
24-altering certain provisions of law related to the Maryland Trauma Physician
25-Services Fund, including provisions related to the contents and sources of the
26-funding, transfer of money from the Fund, and the methodology used to determine
27-eligibility for disbursements from the Fund; increasing the fines for certain
28-violations of the Maryland Vehicle Law related to driving while impaired; altering
29-the authorized uses of the Maryland Emergency Medical System Operations Fund;
30-requiring the Governor to include a certain appropriation in the annual budget bill
31-for the Senator William H. Amoss Fire, Rescue, and Ambulance Fund; and generally
32-relating to the funding for emergency services.
13+By: Delegates Shetty, Barnes, Hinebaugh, and D. Jones
14+Introduced and read first time: February 9, 2024
15+Assigned to: Appropriations
16+Committee Report: Favorable with amendments
17+House action: Adopted
18+Read second time: March 26, 2024
3319
34-BY repealing and reenacting, without amendments,
35- Article – Health – General
36- Section 19–101
37- Annotated Code of Maryland
38- (2023 Replacement Volume)
20+CHAPTER ______
3921
40-BY repealing and reenacting, with amendments,
41- Article – Health – General
42-Section 19–130
43- Annotated Code of Maryland
44- (2023 Replacement Volume)
22+AN ACT concerning 1
4523
46-BY repealing and reenacting, with amendments,
47- Article – State Finance and Procurement
48-Section 7–118(a)
49- Annotated Code of Maryland Ch. 718 2024 LAWS OF MARYLAND
24+Public Health – Funding for Trauma Centers and Services 2
25+Emergency Services – Funding 3
5026
51-– 2 –
52- (2021 Replacement Volume and 2023 Supplement)
27+FOR the purpose of altering the purpose, contents, and sources of the funding of the 4
28+Maryland Trauma Physician Services Fund; altering the entities to which money 5
29+from the Maryland Trauma Physician Services Fund is transferred; altering the 6
30+methodology used to determine eligibility for disbursements from the Maryland 7
31+Trauma Physician Services Fund; altering the amount of the motor vehicle 8
32+registration surcharge and the amount of the surcharge that is required to be paid 9
33+into the Maryland Trauma Physician Services Fund; increasing the fines for certain 10
34+violations of the Maryland Vehicle Law related to driving while impaired; altering 11
35+the authorized uses of the Maryland Emergency Medical System Operations Fund; 12
36+and generally relating to the funding for trauma centers and services increasing the 13
37+motor vehicle registration emergency medical system surcharge for certain motor 14
38+vehicles; providing for the distribution of revenues derived from the surcharge; 15
39+altering certain provisions of law related to the Maryland Trauma Physician 16
40+Services Fund, including provisions related to the contents and sources of the 17
41+funding, transfer of money from the Fund, and the methodology used to determine 18
42+eligibility for disbursements from the Fund; increasing the fines for certain 19
43+violations of the Maryland Vehicle Law related to driving while impaired; altering 20
44+the authorized uses of the Maryland Emergency Medical System Operations Fund; 21
45+requiring the Governor to include a certain appropriation in the annual budget bill 22
46+for the Senator William H. Amoss Fire, Rescue, and Ambulance Fund; and generally 23
47+relating to the funding for emergency services. 24
48+ 2 HOUSE BILL 1439
5349
54-BY repealing and reenacting, without amendments,
55- Article – Public Safety
56- Section 8–102(a)
57- Annotated Code of Maryland
58- (2022 Replacement Volume and 2023 Supplement)
5950
60-BY adding to
61- Article – Public Safety
62- Section 8–102(g)
63- Annotated Code of Maryland
64- (2022 Replacement Volume and 2023 Supplement)
51+BY repealing and reenacting, without amendments, 1
52+ Article – Health – General 2
53+ Section 19–101 3
54+ Annotated Code of Maryland 4
55+ (2023 Replacement Volume) 5
6556
66-BY repealing and reenacting, with amendments,
67- Article – Transportation
68-Section 13–954(b), 13–955, 13–954 and 21–902(a) through (d)
69- Annotated Code of Maryland
70- (2020 Replacement Volume and 2023 Supplement)
57+BY repealing and reenacting, with amendments, 6
58+ Article – Health – General 7
59+Section 19–130 8
60+ Annotated Code of Maryland 9
61+ (2023 Replacement Volume) 10
7162
72-BY repealing and reenacting, without amendments,
73- Article – Transportation
74- Section 13–955
75- Annotated Code of Maryland
76- (2020 Replacement Volume and 2023 Supplement)
63+BY repealing and reenacting, with amendments, 11
64+ Article – State Finance and Procurement 12
65+Section 7–118(a) 13
66+ Annotated Code of Maryland 14
67+ (2021 Replacement Volume and 2023 Supplement) 15
7768
78- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMB LY OF MARYLAND,
79-That the Laws of Maryland read as follows:
69+BY repealing and reenacting, without amendments, 16
70+ Article – Public Safety 17
71+ Section 8–102(a) 18
72+ Annotated Code of Maryland 19
73+ (2022 Replacement Volume and 2023 Supplement) 20
8074
81-Article – Health – General
75+BY adding to 21
76+ Article – Public Safety 22
77+ Section 8–102(g) 23
78+ Annotated Code of Maryland 24
79+ (2022 Replacement Volume and 2023 Supplement) 25
8280
83-19–101.
81+BY repealing and reenacting, with amendments, 26
82+ Article – Transportation 27
83+Section 13–954(b), 13–955, 13–954 and 21–902(a) through (d) 28
84+ Annotated Code of Maryland 29
85+ (2020 Replacement Volume and 2023 Supplement) 30
8486
85- In this subtitle, “Commission” means the Maryland Health Care Commission.
87+BY repealing and reenacting, without amendments, 31
88+ Article – Transportation 32
89+ Section 13–955 33
90+ Annotated Code of Maryland 34
91+ (2020 Replacement Volume and 2023 Supplement) 35
8692
87-19–130.
93+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 36
94+That the Laws of Maryland read as follows: 37
8895
89- (a) (1) In this section the following words have the meanings indicated.
96+Article – Health – General 38
97+ HOUSE BILL 1439 3
9098
91- (2) “Fund” means the Maryland Trauma Physician Services Fund.
9299
93- (3) “Maryland Trauma Specialty Referral Centers” means:
100+19–101. 1
94101
95- (i) The Johns Hopkins Health System Burn Program;
96- WES MOORE, Governor Ch. 718
102+ In this subtitle, “Commission” means the Maryland Health Care Commission. 2
97103
98-– 3 –
99- (ii) The Eye Trauma Center at the Wilmer Eye Institute at The
100-Johns Hopkins Hospital; and
104+19–130. 3
101105
102- (iii) The Curtis National Hand Center at Union Memorial Hospital.
106+ (a) (1) In this section the following words have the meanings indicated. 4
103107
104- (4) “REASONABLE COMPENSATI ON EQUIVALENT ” MEANS THE
105-LIMITATION ON THE CO ST ESTABLISHED BY TH E CENTERS FOR MEDICARE AND
106-MEDICAID SERVICES THAT A PROVI DER MAY CLAIM FOR C OMPENSATION OF
107-SERVICES.
108+ (2) “Fund” means the Maryland Trauma Physician Services Fund. 5
108109
109- [(4)] (5) “Rehabilitation hospital” means a facility classified as a special
110-rehabilitation hospital as described in § 19–307 of this title that is affiliated with a trauma
111-center by common ownership.
110+ (3) “Maryland Trauma Specialty Referral Centers” means: 6
112111
113- [(5)] (6) (i) “Trauma center” means a facility designated by the
114-Maryland Institute for Emergency Medical Services Systems as:
112+ (i) The Johns Hopkins Health System Burn Program; 7
115113
116- 1. The State primary adult resource center;
114+ (ii) The Eye Trauma Center at the Wilmer Eye Institute at The 8
115+Johns Hopkins Hospital; and 9
117116
118- 2. A Level I trauma center;
117+ (iii) The Curtis National Hand Center at Union Memorial Hospital. 10
119118
120- 3. A Level II trauma center;
119+ (4) “REASONABLE COMPENSATI ON EQUIVALENT ” MEANS THE 11
120+LIMITATION ON THE CO ST ESTABLISHED BY TH E CENTERS FOR MEDICARE AND 12
121+MEDICAID SERVICES THAT A PROVI DER MAY CLAIM FOR CO MPENSATION OF 13
122+SERVICES. 14
121123
122- 4. A Level III trauma center;
124+ [(4)] (5) “Rehabilitation hospital” means a facility classified as a special 15
125+rehabilitation hospital as described in § 19–307 of this title that is affiliated with a trauma 16
126+center by common ownership. 17
123127
124- 5. A pediatric trauma center; or
128+ [(5)] (6) (i) “Trauma center” means a facility designated by the 18
129+Maryland Institute for Emergency Medical Services Systems as: 19
125130
126- 6. The Maryland Trauma Specialty Referral Centers.
131+ 1. The State primary adult resource center; 20
127132
128- (ii) “Trauma center” includes an out–of–state pediatric trauma
129-center that has entered into an agreement with the Maryland Institute for Emergency
130-Medical Services Systems.
133+ 2. A Level I trauma center; 21
131134
132- (7) “TRAUMA HEALTH CARE PR ACTITIONER” MEANS A HEALTH CARE
133-PRACTITIONER LICENSE D UNDER THE HEALTH OCCUPATIONS ARTICLE WHO
134-PROVIDES CARE IN A T RAUMA CENTER OR IN A REHABILITATION HOSPI TAL TO
135-TRAUMA PATIENTS ON T HE STATE TRAUMA REGISTRY AS DEFINED BY THE
136-MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS.
135+ 3. A Level II trauma center; 22
137136
138- [(6)] (8) “Trauma physician” means a physician who provides care in a
139-trauma center or in a rehabilitation hospital to trauma patients on the State trauma
140-registry as defined by the Maryland Institute for Emergency Medical Services Systems.
141- Ch. 718 2024 LAWS OF MARYLAND
137+ 4. A Level III trauma center; 23
142138
143-– 4 –
144- [(7)] (9) “Uncompensated care” means care provided by a trauma
145-physician OR A TRAUMA HEALTH C ARE PRACTITIONER to a trauma patient on the State
146-trauma registry who:
139+ 5. A pediatric trauma center; or 24
147140
148- (i) Has no health insurance, including Medicare Part B coverage;
141+ 6. The Maryland Trauma Specialty Referral Centers. 25
149142
150- (ii) Is not eligible for medical assistance coverage; and
143+ (ii) “Trauma center” includes an out–of–state pediatric trauma 26
144+center that has entered into an agreement with the Maryland Institute for Emergency 27
145+Medical Services Systems. 28 4 HOUSE BILL 1439
151146
152- (iii) Has not paid the trauma physician OR TRAUMA HEALTH CAR E
153-PRACTITIONER for care provided by the trauma physician OR TRAUMA HEALTH CAR E
154-PRACTITIONER, after documented attempts by the trauma physician OR TRAUMA
155-HEALTH CARE PRACTITI ONER to collect payment.
156147
157- (b) (1) There is a Maryland Trauma Physician Services Fund.
158148
159- (2) The purpose of the Fund is to subsidize the documented costs:
149+ (7) “TRAUMA HEALTH CARE PR ACTITIONER” MEANS A HEALTH CARE 1
150+PRACTITIONER LICENSE D UNDER THE HEALTH OCCUPATIONS ARTICLE WHO 2
151+PROVIDES CARE IN A T RAUMA CENTER OR IN A REHABILITATION HOSPI TAL TO 3
152+TRAUMA PATIENTS ON THE STATE TRAUMA REGISTRY AS DEFINED BY THE 4
153+MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS. 5
160154
161- (i) Of uncompensated care incurred by a trauma physician OR A
162-TRAUMA HEALTH CARE P RACTITIONER in providing trauma care to a trauma patient on
163-the State trauma registry;
155+ [(6)] (8) “Trauma physician” means a physician who provides care in a 6
156+trauma center or in a rehabilitation hospital to trauma patients on the State trauma 7
157+registry as defined by the Maryland Institute for Emergency Medical Services Systems. 8
164158
165- (ii) Of undercompensated care incurred by a trauma physician OR A
166-TRAUMA HEALTH CARE P RACTITIONER in providing trauma care to an enrollee of the
167-Maryland Medical Assistance Program who is a trauma patient on the State trauma
168-registry;
159+ [(7)] (9) “Uncompensated care” means care provided by a trauma 9
160+physician OR A TRAUMA HEALTH C ARE PRACTITIONER to a trauma patient on the State 10
161+trauma registry who: 11
169162
170- (iii) Incurred by a trauma center to maintain trauma physicians
171-on–call as required by the Maryland Institute for Emergency Medical Services Systems;
163+ (i) Has no health insurance, including Medicare Part B coverage; 12
172164
173- (iv) Incurred by the State primary adult resource center to maintain
174-trauma surgeons, orthopedic surgeons, neurosurgeons, and anesthesiologists on–call and
175-on standby as required by the Maryland Institute for Emergency Medical Services Systems;
176-and
165+ (ii) Is not eligible for medical assistance coverage; and 13
177166
178- (v) Incurred by the Commission and the Health Services Cost
179-Review Commission to administer the Fund and audit reimbursement requests to assure
180-appropriate payments are made from the Fund.
167+ (iii) Has not paid the trauma physician OR TRAUMA HEALTH CAR E 14
168+PRACTITIONER for care provided by the trauma physician OR TRAUMA HEALTH CAR E 15
169+PRACTITIONER , after documented attempts by the trauma physician OR TRAUMA 16
170+HEALTH CARE PRACTITI ONER to collect payment. 17
181171
182- (3) The Commission and the Health Services Cost Review Commission
183-shall administer the Fund.
172+ (b) (1) There is a Maryland Trauma Physician Services Fund. 18
184173
185- (4) The Fund is a special, nonlapsing fund that is not subject to § 7–302 of
186-the State Finance and Procurement Article.
187- WES MOORE, Governor Ch. 718
174+ (2) The purpose of the Fund is to subsidize the documented costs: 19
188175
189-– 5 –
190- (5) Interest on and other income from the Fund shall be separately
191-accounted for and credited to the Fund, and are not subject to § 6–226(a) of the State
192-Finance and Procurement Article.
176+ (i) Of uncompensated care incurred by a trauma physician OR A 20
177+TRAUMA HEALTH CARE P RACTITIONER in providing trauma care to a trauma patient on 21
178+the State trauma registry; 22
193179
194- (c) The Fund consists of [motor]:
180+ (ii) Of undercompensated care incurred by a trauma physician OR A 23
181+TRAUMA HEALTH CARE P RACTITIONER in providing trauma care to an enrollee of the 24
182+Maryland Medical Assistance Program who is a trauma patient on the State trauma 25
183+registry; 26
195184
196- (1) MOTOR vehicle registration surcharges paid into the Fund in
197-accordance with § 13–954(b)(2) of the Transportation Article;
185+ (iii) Incurred by a trauma center to maintain trauma physicians 27
186+on–call as required by the Maryland Institute for Emergency Medical Services Systems; 28
198187
199- (2) AT LEAST 10% 20% OF THE FINES COLLECT ED UNDER §
200-21–902(A)(1), (B)(2), (C)(2), AND (D)(1) OF THE TRANSPORTATION ARTICLE; AND
188+ (iv) Incurred by the State primary adult resource center to maintain 29
189+trauma surgeons, orthopedic surgeons, neurosurgeons, and anesthesiologists on–call and 30
190+on standby as required by the Maryland Institute for Emergency Medical Services Systems; 31
191+and 32
192+ HOUSE BILL 1439 5
201193
202- (3) ANY OTHER MONEY TRANS FERRED FROM THE GENERAL FUND OF
203-THE STATE.
204194
205- (d) (1) Disbursements from the Fund shall be made in accordance with a
206-methodology established jointly by the Commission and the Health Services Cost Review
207-Commission to calculate costs incurred by trauma physicians and trauma centers that are
208-eligible to receive reimbursement under subsection (b) of this section.
195+ (v) Incurred by the Commission and the Health Services Cost 1
196+Review Commission to administer the Fund and audit reimbursement requests to assure 2
197+appropriate payments are made from the Fund. 3
209198
210- (2) The Fund shall transfer to [the]:
199+ (3) The Commission and the Health Services Cost Review Commission 4
200+shall administer the Fund. 5
211201
212- (I) THE Maryland Department of Health an amount sufficient to
213-fully cover the State’s share of expenditures for the costs of undercompensated care
214-incurred by a trauma physician in providing trauma care to an enrollee of the Maryland
215-Medical Assistance Program who is a trauma patient on the State trauma registry; AND
202+ (4) The Fund is a special, nonlapsing fund that is not subject to § 7–302 of 6
203+the State Finance and Procurement Article. 7
216204
217- (II) THE STATE PRIMARY ADULT R ESOURCE CENTER AT LE AST
218-$10,000,000 FROM THE REMAINING B ALANCE IN THE FUND EACH FISCAL YEAR .
205+ (5) Interest on and other income from the Fund shall be separately 8
206+accounted for and credited to the Fund, and are not subject to § 6–226(a) of the State 9
207+Finance and Procurement Article. 10
219208
220- (3) The methodology developed under paragraph (1) of this subsection
221-shall:
209+ (c) The Fund consists of [motor]: 11
222210
223- (i) Take into account:
211+ (1) MOTOR vehicle registration surcharges paid into the Fund in 12
212+accordance with § 13–954(b)(2) of the Transportation Article; 13
224213
225- 1. The amount of uncompensated care provided by trauma
226-physicians;
214+ (2) AT LEAST 10% 20% OF THE FINES COLLECT ED UNDER § 14
215+21–902(A)(1), (B)(2), (C)(2), AND (D)(1) OF THE TRANSPORTATION ARTICLE; AND 15
227216
228- 2. The amount of undercompensated care attributable to the
229-treatment of Medicaid enrollees in trauma centers;
217+ (3) ANY OTHER MONEY TRANS FERRED FROM THE GENERAL FUND OF 16
218+THE STATE. 17
230219
231- 3. The cost of maintaining trauma physicians on–call;
220+ (d) (1) Disbursements from the Fund shall be made in accordance with a 18
221+methodology established jointly by the Commission and the Health Services Cost Review 19
222+Commission to calculate costs incurred by trauma physicians and trauma centers that are 20
223+eligible to receive reimbursement under subsection (b) of this section. 21
232224
233- 4. The number of patients served by trauma physicians in
234-trauma centers; Ch. 718 2024 LAWS OF MARYLAND
225+ (2) The Fund shall transfer to [the]: 22
235226
236-– 6 –
227+ (I) THE Maryland Department of Health an amount sufficient to 23
228+fully cover the State’s share of expenditures for the costs of undercompensated care 24
229+incurred by a trauma physician in providing trauma care to an enrollee of the Maryland 25
230+Medical Assistance Program who is a trauma patient on the State trauma registry; AND 26
237231
238- 5. The number of Maryland residents served by trauma
239-physicians in trauma centers; and
232+ (II) THE STATE PRIMARY ADULT R ESOURCE CENTER AT LE AST 27
233+$10,000,000 FROM THE REMAINING B ALANCE IN THE FUND EACH FISCAL YEAR . 28
240234
241- 6. The extent to which trauma–related costs are otherwise
242-subsidized by hospitals, the federal government, and other sources; and
235+ (3) The methodology developed under paragraph (1) of this subsection 29
236+shall: 30
243237
244- (ii) Include an incentive to encourage hospitals to continue to
245-subsidize trauma–related costs not otherwise included in hospital rates.
238+ (i) Take into account: 31
239+ 6 HOUSE BILL 1439
246240
247- (4) The methodology developed under paragraph (1) of this subsection shall
248-use the following parameters to determine the amount of reimbursement made to trauma
249-physicians and trauma centers from the Fund:
250241
251- (i) 1. The cost incurred by a Level II trauma center to maintain
252-trauma surgeons, orthopedic surgeons, and neurosurgeons on–call shall be reimbursed:
242+ 1. The amount of uncompensated care provided by trauma 1
243+physicians; 2
253244
254- A. At a rate of up to [30%] 35% 60% of the reasonable [cost
255-equivalents] COMPENSATION EQUIVALENT hourly rate for the specialty, inflated to the
256-current year by the physician compensation component of the Medicare economic index as
257-designated by the Centers for Medicare and Medicaid Services; and
245+ 2. The amount of undercompensated care attributable to the 3
246+treatment of Medicaid enrollees in trauma centers; 4
258247
259- B. For the minimum number of trauma physicians required
260-to be on–call, as specified by the Maryland Institute for Emergency Medical Services
261-Systems in its criteria for Level II trauma centers;
248+ 3. The cost of maintaining trauma physicians on–call; 5
262249
263- 2. The cost incurred by a Level III trauma center to maintain
264-trauma surgeons, orthopedic surgeons, neurosurgeons, and anesthesiologists on–call shall
265-be reimbursed:
250+ 4. The number of patients served by trauma physicians in 6
251+trauma centers; 7
266252
267- A. At a rate of up to [35%] 40% 60% of the reasonable [cost
268-equivalents] COMPENSATION EQUIVALENT hourly rate for the specialty, inflated to the
269-current year by the physician compensation component of the Medicare economic index as
270-designated by the Centers for Medicare and Medicaid Services; and
253+ 5. The number of Maryland residents served by trauma 8
254+physicians in trauma centers; and 9
271255
272- B. For the minimum number of trauma physicians required
273-to be on–call, as specified by the Maryland Institute for Emergency Medical Services
274-Systems in its criteria for Level III trauma centers;
256+ 6. The extent to which trauma–related costs are otherwise 10
257+subsidized by hospitals, the federal government, and other sources; and 11
275258
276- 3. The cost incurred by a Level I trauma center or pediatric
277-trauma center to maintain trauma surgeons, orthopedic surgeons, and neurosurgeons
278-on–call when a post–graduate resident is attending in the trauma center shall be
279-reimbursed:
259+ (ii) Include an incentive to encourage hospitals to continue to 12
260+subsidize trauma–related costs not otherwise included in hospital rates. 13
280261
281- A. At a rate of up to [30%] 35% 60% of the reasonable [cost
282-equivalents] COMPENSATION EQUIVALENT hourly rate for the specialty, inflated to the WES MOORE, Governor Ch. 718
262+ (4) The methodology developed under paragraph (1) of this subsection shall 14
263+use the following parameters to determine the amount of reimbursement made to trauma 15
264+physicians and trauma centers from the Fund: 16
283265
284-– 7 –
285-current year by the physician compensation component of the Medicare economic index as
286-designated by the Centers for Medicare and Medicaid Services; and
266+ (i) 1. The cost incurred by a Level II trauma center to maintain 17
267+trauma surgeons, orthopedic surgeons, and neurosurgeons on–call shall be reimbursed: 18
287268
288- B. When a post –graduate resident is [permitted]
289-AUTHORIZED to be in the trauma center, as specified by the Maryland Institute for
290-Emergency Medical Services Systems in its criteria for Level I trauma centers or pediatric
291-trauma centers;
269+ A. At a rate of up to [30%] 35% 60% of the reasonable [cost 19
270+equivalents] COMPENSATION EQUIVALENT hourly rate for the specialty, inflated to the 20
271+current year by the physician compensation component of the Medicare economic index as 21
272+designated by the Centers for Medicare and Medicaid Services; and 22
292273
293- 4. The cost incurred by a Maryland Trauma Specialty
294-Referral Center to maintain trauma surgeons on–call in the specialty of the Center when a
295-post–graduate resident is attending in the Center shall be reimbursed:
274+ B. For the minimum number of trauma physicians required 23
275+to be on–call, as specified by the Maryland Institute for Emergency Medical Services 24
276+Systems in its criteria for Level II trauma centers; 25
296277
297- A. At a rate of up to [30%] 35% 60% of the reasonable [cost
298-equivalents] COMPENSATION EQUIVALENT hourly rate for the specialty, inflated to the
299-current year by the physician compensation component of the Medicare economic index as
300-designated by the Centers for Medicare and Medicaid Services; and
278+ 2. The cost incurred by a Level III trauma center to maintain 26
279+trauma surgeons, orthopedic surgeons, neurosurgeons, and anesthesiologists on–call shall 27
280+be reimbursed: 28
301281
302- B. When a post –graduate resident is [permitted]
303-AUTHORIZED to be in the Center, as specified by the Maryland Institute for Emergency
304-Medical Services Systems in its criteria for a Maryland Trauma Specialty Referral Center;
305-and
282+ A. At a rate of up to [35%] 40% 60% of the reasonable [cost 29
283+equivalents] COMPENSATION EQUIVALENT hourly rate for the specialty, inflated to the 30
284+current year by the physician compensation component of the Medicare economic index as 31
285+designated by the Centers for Medicare and Medicaid Services; and 32
286+ HOUSE BILL 1439 7
306287
307- 5. A. A Level II trauma center is eligible for a maximum
308-of [24,500] 26,280 hours of trauma on–call per year;
309288
310- B. A Level III trauma center is eligible for a maximum of
311-35,040 hours of trauma on–call per year;
289+ B. For the minimum number of trauma physicians required 1
290+to be on–call, as specified by the Maryland Institute for Emergency Medical Services 2
291+Systems in its criteria for Level III trauma centers; 3
312292
313- C. A Level I trauma center shall be eligible for a maximum of
314-4,380 hours of trauma on–call per year;
293+ 3. The cost incurred by a Level I trauma center or pediatric 4
294+trauma center to maintain trauma surgeons, orthopedic surgeons, and neurosurgeons 5
295+on–call when a post–graduate resident is attending in the trauma center shall be 6
296+reimbursed: 7
315297
316- D. A pediatric trauma center shall be eligible for a maximum
317-of 4,380 hours of trauma on–call per year; and
298+ A. At a rate of up to [30%] 35% 60% of the reasonable [cost 8
299+equivalents] COMPENSATION EQUIVALENT hourly rate for the specialty, inflated to the 9
300+current year by the physician compensation component of the Medicare economic index as 10
301+designated by the Centers for Medicare and Medicaid Services; and 11
318302
319- E. A Maryland Trauma Specialty Referral Center shall be
320-eligible for a maximum of 2,190 hours of trauma on–call per year;
303+ B. When a post–graduate resident is [permitted] 12
304+AUTHORIZED to be in the trauma center, as specified by the Maryland Institute for 13
305+Emergency Medical Services Systems in its criteria for Level I trauma centers or pediatric 14
306+trauma centers; 15
321307
322- (ii) The cost of undercompensated care incurred by a trauma
323-physician in providing trauma care to enrollees of the Maryland Medical Assistance
324-Program who are trauma patients on the State trauma registry shall be reimbursed at a
325-rate of up to 100% of the Medicare payment for the service, minus any amount paid by the
326-Maryland Medical Assistance Program;
308+ 4. The cost incurred by a Maryland Trauma Specialty 16
309+Referral Center to maintain trauma surgeons on–call in the specialty of the Center when a 17
310+post–graduate resident is attending in the Center shall be reimbursed: 18
327311
328- (iii) The cost of uncompensated care incurred by a trauma physician
329-in providing trauma care to trauma patients on the State trauma registry shall be Ch. 718 2024 LAWS OF MARYLAND
312+ A. At a rate of up to [30%] 35% 60% of the reasonable [cost 19
313+equivalents] COMPENSATION EQUIVALENT hourly rate for the specialty, inflated to the 20
314+current year by the physician compensation component of the Medicare economic index as 21
315+designated by the Centers for Medicare and Medicaid Services; and 22
330316
331-– 8 –
332-reimbursed at a rate of 100% of the Medicare payment for the service, minus any recoveries
333-made by the trauma physician for the care;
317+ B. When a post–graduate resident is [permitted] 23
318+AUTHORIZED to be in the Center, as specified by the Maryland Institute for Emergency 24
319+Medical Services Systems in its criteria for a Maryland Trauma Specialty Referral Center; 25
320+and 26
334321
335- (iv) The Commission, in consultation with the Health Services Cost
336-Review Commission, may establish a payment rate for uncompensated care incurred by a
337-trauma physician in providing trauma care to trauma patients on the State trauma registry
338-that is above 100% of the Medicare payment for the service if:
322+ 5. A. A Level II trauma center is eligible for a maximum 27
323+of [24,500] 26,280 hours of trauma on–call per year; 28
339324
340- 1. The Commission determines that increasing the payment
341-rate above 100% of the Medicare payment for the service will address an unmet need in the
342-State trauma system; and
325+ B. A Level III trauma center is eligible for a maximum of 29
326+35,040 hours of trauma on–call per year; 30
343327
344- 2. The Commission reports on its intention to increase the
345-payment rate to the Senate Finance Committee and the House Health and Government
346-Operations Committee, in accordance with § 2–1257 of the State Government Article, at
347-least 60 days before any adjustment to the rate;
328+ C. A Level I trauma center shall be eligible for a maximum of 31
329+4,380 hours of trauma on–call per year; 32
348330
349- (v) The Commission shall develop guidelines for the reimbursement
350-of the documented costs of the State primary adult resource center under subsection
351-(b)(2)(iv) of this section; [and]
331+ D. A pediatric trauma center shall be eligible for a maximum 33
332+of 4,380 hours of trauma on–call per year; and 34
333+ 8 HOUSE BILL 1439
352334
353- (VI) THE COMMISSION, IN CONSULTATION WITH THE HEALTH
354-SERVICES COST REVIEW COMMISSION, MAY CHANGE THE PERCE NTAGE OF THE
355-REASONABLE COMPENSAT ION EQUIVALENT PAID TO TRAUMA HOSPITALS IF:
356335
357- 1. THE COMMISSION DETERMINES THAT THE CURRENT
358-PROJECTED REVENUE TO BE COLLECTED IN THE FUND IS ADEQUATE TO S UPPORT
359-THE PROPOSED INCREAS E IN THE PERCENTAGE OF REASON ABLE COMPENSATION
360-EQUIVALENT INFLATED TO THE CURRENT YEAR BY THE PHYSICIAN COM PENSATION
361-COMPONENT OF THE MEDICARE FEE SCHEDULE COVERS LESS THAN 50% OF
362-ALLOWABLE ON –CALL COSTS ECONOMIC INDEX ; AND
336+ E. A Maryland Trauma Specialty Referral Center shall be 1
337+eligible for a maximum of 2,190 hours of trauma on–call per year; 2
363338
364- 2. THE COMMISSION REPORTS ON ITS INTENTION TO
365-CHANGE THE PERCENTAG E OF REASONABLE COMP ENSATION EQUIVALENT TO BE
366-PAID FOR ON–CALL COSTS TO THE SENATE FINANCE COMMITTEE AND THE HOUSE
367-HEALTH AND GOVERNMENT OPERATIONS COMMITTEE, IN ACCORDANCE WITH §
368-2–1257 OF THE STATE GOVERNMENT ARTICLE, AT LEAST 60 DAYS BEFORE ANY
369-ADJUSTMENT TO THE AL LOWABLE HOURS ;
339+ (ii) The cost of undercompensated care incurred by a trauma 3
340+physician in providing trauma care to enrollees of the Maryland Medical Assistance 4
341+Program who are trauma patients on the State trauma registry shall be reimbursed at a 5
342+rate of up to 100% of the Medicare payment for the service, minus any amount paid by the 6
343+Maryland Medical Assistance Program; 7
370344
371- (VII) THE COMMISSION, IN CONSULTATION WITH THE HEALTH
372-SERVICES COST REVIEW COMMISSION, MAY CHANGE THE NUMBE R OF ALLOWABLE
373-HOURS OF TRAUMA ON –CALL EACH YEAR IF TH E COMMISSION REPORTS ON ITS
374-INTENTION TO CHANGE THE NUMBER OF ALLOWA BLE HOURS TO THE SENATE
375-FINANCE COMMITTEE AND THE HOUSE HEALTH AND GOVERNMENT OPERATIONS WES MOORE, Governor Ch. 718
345+ (iii) The cost of uncompensated care incurred by a trauma physician 8
346+in providing trauma care to trauma patients on the State trauma registry shall be 9
347+reimbursed at a rate of 100% of the Medicare payment for the service, minus any recoveries 10
348+made by the trauma physician for the care; 11
376349
377-– 9 –
378-COMMITTEE, IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT
379-ARTICLE, AT LEAST 60 DAYS BEFORE ANY ADJUSTMENT TO THE AL LOWABLE HOURS ;
350+ (iv) The Commission, in consultation with the Health Services Cost 12
351+Review Commission, may establish a payment rate for uncompensated care incurred by a 13
352+trauma physician in providing trauma care to trauma patients on the State trauma registry 14
353+that is above 100% of the Medicare payment for the service if: 15
380354
381- (VIII) THE COMMISSION MAY MODIFY THE PERCENTAGE PAID
382-FOR ON–CALL OUT OF THE MAXI MUM NUMBER OF HOURS ALLOWED FOR ON –CALL
383-CARE OF THE REASONABLE CO MPENSATION EQUIVALEN T FOR ON–CALL HOURS NOT
384-MORE THAN ONCE EACH YEAR; AND
355+ 1. The Commission determines that increasing the payment 16
356+rate above 100% of the Medicare payment for the service will address an unmet need in the 17
357+State trauma system; and 18
385358
386- [(vi)] (IX) The total reimbursement to emergency physicians from
387-the Fund may not exceed $300,000 annually.
359+ 2. The Commission reports on its intention to increase the 19
360+payment rate to the Senate Finance Committee and the House Health and Government 20
361+Operations Committee, in accordance with § 2–1257 of the State Government Article, at 21
362+least 60 days before any adjustment to the rate; 22
388363
389- (5) In order to receive reimbursement, a trauma physician OR A TRAUMA
390-HEALTH CARE PRACTITI ONER in the case of costs of uncompensated care under
391-subsection (b)(2)(i) of this section, or a trauma center in the case of on–call costs under
392-subsection (b)(2)(iii) of this section, shall apply to the Fund on a form and in a manner
393-approved by the Commission and the Health Services Cost Review Commission.
364+ (v) The Commission shall develop guidelines for the reimbursement 23
365+of the documented costs of the State primary adult resource center under subsection 24
366+(b)(2)(iv) of this section; [and] 25
394367
395- (6) (i) The Commission and the Health Services Cost Review
396-Commission shall adopt regulations that specify the information that trauma physicians,
397-TRAUMA HEALTH CARE P RACTITIONERS , and trauma centers must submit to receive
398-money from the Fund.
368+ (VI) THE COMMISSION, IN CONSULTATION WITH THE HEALTH 26
369+SERVICES COST REVIEW COMMISSION, MAY CHANGE THE PERCE NTAGE OF THE 27
370+REASONABLE COMPENSAT ION EQUIVALENT PAID TO TRAUMA HOSPITALS IF: 28
399371
400- (ii) The information required shall include:
372+ 1. THE COMMISSION DETERMINES THAT THE CURRENT 29
373+PROJECTED REVENUE TO BE COLLECTED IN THE FUND IS ADEQUATE TO S UPPORT 30
374+THE PROPOSED INCREAS E IN THE PERCENTAGE OF REASON ABLE COMPENSATION 31
375+EQUIVALENT INFLATED TO THE CURRENT YEAR BY THE PHYSICIAN COM PENSATION 32
376+COMPONENT OF THE MEDICARE FEE SCHEDULE COVERS LESS THAN 50% OF 33
377+ALLOWABLE ON –CALL COSTS ECONOMIC INDEX ; AND 34
401378
402- 1. The name and federal tax identification number of the
403-trauma physician rendering the service;
379+ 2. THE COMMISSION REPORTS ON ITS INTENTION TO 35
380+CHANGE THE PERCENTAG E OF REASONABLE COMP ENSATION EQUIVALENT TO BE 36
381+PAID FOR ON–CALL COSTS TO THE SENATE FINANCE COMMITTEE AND THE HOUSE 37 HOUSE BILL 1439 9
404382
405- 2. The date of the service;
406383
407- 3. Appropriate codes describing the service;
384+HEALTH AND GOVERNMENT OPERATIONS COMMITTEE, IN ACCORDANCE WITH § 1
385+2–1257 OF THE STATE GOVERNMENT ARTICLE, AT LEAST 60 DAYS BEFORE ANY 2
386+ADJUSTMENT TO THE AL LOWABLE HOURS ; 3
408387
409- 4. Any amount recovered for the service rendered;
388+ (VII) THE COMMISSION, IN CONSULTATION WITH THE HEALTH 4
389+SERVICES COST REVIEW COMMISSION, MAY CHANGE THE NUMBE R OF ALLOWABLE 5
390+HOURS OF TRAUMA ON –CALL EACH YEAR IF TH E COMMISSION REPORTS ON ITS 6
391+INTENTION TO CHANGE T HE NUMBER OF ALLOWAB LE HOURS TO THE SENATE 7
392+FINANCE COMMITTEE AND THE HOUSE HEALTH AND GOVERNMENT OPERATIONS 8
393+COMMITTEE, IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT 9
394+ARTICLE, AT LEAST 60 DAYS BEFORE ANY ADJU STMENT TO THE ALLOWA BLE HOURS; 10
410395
411- 5. The name of the trauma patient;
396+ (VIII) THE COMMISSION MAY MODIFY THE PERCENTAGE PAID 11
397+FOR ON–CALL OUT OF THE MAXI MUM NUMBER OF HOURS ALLOWED FOR ON –CALL 12
398+CARE OF THE REASONABLE CO MPENSATION EQUIVALEN T FOR ON–CALL HOURS NOT 13
399+MORE THAN ONCE EACH YEAR; AND 14
412400
413- 6. The patient’s trauma registry number; and
401+ [(vi)] (IX) The total reimbursement to emergency physicians from 15
402+the Fund may not exceed $300,000 annually. 16
414403
415- 7. Any other information the Commission and the Health
416-Services Cost Review Commission consider necessary to disburse money from the Fund.
404+ (5) In order to receive reimbursement, a trauma physician OR A TRAUMA 17
405+HEALTH CARE PRACTITI ONER in the case of costs of uncompensated care under 18
406+subsection (b)(2)(i) of this section, or a trauma center in the case of on–call costs under 19
407+subsection (b)(2)(iii) of this section, shall apply to the Fund on a form and in a manner 20
408+approved by the Commission and the Health Services Cost Review Commission. 21
417409
418- (iii) It is the intent of the General Assembly that trauma physicians
419-and trauma centers shall cooperate with the Commission and the Health Services Cost
420-Review Commission by providing information required under this paragraph in a timely
421-and complete manner.
422- Ch. 718 2024 LAWS OF MARYLAND
410+ (6) (i) The Commission and the Health Services Cost Review 22
411+Commission shall adopt regulations that specify the information that trauma physicians, 23
412+TRAUMA HEALTH CARE P RACTITIONERS , and trauma centers must submit to receive 24
413+money from the Fund. 25
423414
424-– 10 –
425- (e) (1) Except as provided in paragraph (2) of this subsection and
426-notwithstanding any other provision of law, expenditures from the Fund for costs incurred
427-in any fiscal year may not exceed revenues of the Fund.
415+ (ii) The information required shall include: 26
428416
429- (2) (i) The Commission, in consultation with the Health Services Cost
430-Review Commission and the Maryland Institute for Emergency Medical Services Systems,
431-shall develop a process for the award of grants to LEVEL I, Level II, and Level III trauma
432-centers [in the State to be used for equipment primarily used] in the delivery of trauma
433-care.
417+ 1. The name and federal tax identification number of the 27
418+trauma physician rendering the service; 28
434419
435- (ii) 1. The Commission shall issue grants under this paragraph
436-from any balance carried over to the Fund from prior fiscal years.
420+ 2. The date of the service; 29
437421
438- 2. The total amount of grants awarded under this paragraph
439-in a fiscal year may not exceed 10% of the balance remaining in the Fund at the end of the
440-fiscal year immediately prior to the fiscal year in which grants are awarded THE TOTAL
441-AMOUNT OF GRANTS AWA RDED UNDER THIS PARA GRAPH IN A FISCAL YE AR MAY NOT
442-REDUCE THE BALANCE R EMAINING IN THE FUND AT THE END OF TH E FISCAL YEAR
443-TO LESS THAN 15% OF THE REVENUE COLLE CTED IN THAT FISCAL YEAR.
422+ 3. Appropriate codes describing the service; 30
444423
445- (iii) The process developed by the Commission for the award of grants
446-under this paragraph shall include:
424+ 4. Any amount recovered for the service rendered; 31
447425
448- 1. Grant applications and review and selection criteria for
449-the award of grants;
426+ 5. The name of the trauma patient; 32
450427
451- 2. Review by the Commission, if necessary, for any project
452-that exceeds certificate of need thresholds; and
428+ 6. The patient’s trauma registry number; and 33 10 HOUSE BILL 1439
453429
454- 3. Any other procedure determined necessary by the
455-Commission.
456430
457- (iv) Before awarding grants under this subsection in a fiscal year, the
458-Commission shall report to the Senate Finance Committee and the House Health and
459-Government Operations Committee, in accordance with § 2–1257 of the State Government
460-Article, on the process that the Commission has developed for awarding grants in that fiscal
461-year.
462431
463- (f) On or before November 1 of each year, the Commission and the Health
464-Services Cost Review Commission shall report to the General Assembly, in accordance with
465-§ 2–1257 of the State Government Article, on:
432+ 7. Any other information the Commission and the Health 1
433+Services Cost Review Commission consider necessary to disburse money from the Fund. 2
466434
467- (1) The amount of money in the Fund on the last day of the previous fiscal
468-year;
469- WES MOORE, Governor Ch. 718
435+ (iii) It is the intent of the General Assembly that trauma physicians 3
436+and trauma centers shall cooperate with the Commission and the Health Services Cost 4
437+Review Commission by providing information required under this paragraph in a timely 5
438+and complete manner. 6
470439
471-– 11 –
472- (2) The amount of money applied for by trauma physicians, TRAUMA
473-HEALTH CARE PRACTITI ONERS, and trauma centers during the previous fiscal year;
440+ (e) (1) Except as provided in paragraph (2) of this subsection and 7
441+notwithstanding any other provision of law, expenditures from the Fund for costs incurred 8
442+in any fiscal year may not exceed revenues of the Fund. 9
474443
475- (3) The amount of money distributed in the form of trauma physician,
476-TRAUMA HEALTH CARE P RACTITIONER, and trauma center reimbursements during the
477-previous fiscal year;
444+ (2) (i) The Commission, in consultation with the Health Services Cost 10
445+Review Commission and the Maryland Institute for Emergency Medical Services Systems, 11
446+shall develop a process for the award of grants to LEVEL I, Level II, and Level III trauma 12
447+centers [in the State to be used for equipment primarily used] in the delivery of trauma 13
448+care. 14
478449
479- (4) Any recommendations for altering the manner in which trauma
480-physicians, TRAUMA HEALTH CARE P RACTITIONERS , and trauma centers are
481-reimbursed from the Fund;
450+ (ii) 1. The Commission shall issue grants under this paragraph 15
451+from any balance carried over to the Fund from prior fiscal years. 16
482452
483- (5) The costs incurred in administering the Fund during the previous fiscal
484-year; [and]
453+ 2. The total amount of grants awarded under this paragraph 17
454+in a fiscal year may not exceed 10% of the balance remaining in the Fund at the end of the 18
455+fiscal year immediately prior to the fiscal year in which grants are awarded THE TOTAL 19
456+AMOUNT OF GRANTS AWA RDED UNDER THIS PARA GRAPH IN A FISCAL YE AR MAY NOT 20
457+REDUCE THE BALANCE R EMAINING IN THE FUND AT THE END OF TH E FISCAL YEAR 21
458+TO LESS THAN 15% OF THE REVENUE COLLE CTED IN THAT FISCAL YEAR. 22
485459
486- (6) The amount that each hospital that participates in the Maryland
487-trauma system and that has a trauma center contributes toward the subsidization of
488-trauma–related costs for its trauma center; AND
460+ (iii) The process developed by the Commission for the award of grants 23
461+under this paragraph shall include: 24
489462
490- (7) THE AMOUNT THE HEALTH SERVICES COST REVIEW
491-COMMISSION ALLOWED COSTS THAT HOSPITALS REPORTED TO THE HEALTH
492-SERVICES COST REVIEW COMMISSION AND ARE AC COUNTED FOR IN THE G LOBAL
493-BUDGETS OF THE HOSPI TALS FOR EACH OF THE FOLLOWING:
463+ 1. Grant applications and review and selection criteria for 25
464+the award of grants; 26
494465
495- (I) IN HOSPITAL RATES FOR TRAUMA TRAUMA STANDBY;
466+ 2. Review by the Commission, if necessary, for any project 27
467+that exceeds certificate of need thresholds; and 28
496468
497- (II) IN ALLOWABLE ALLOWABLE TRAUMA CENTER COSTS FOR
498-REIMBURSING THE TRAU MA DIRECTOR AND TRAUMA STAFF ;
469+ 3. Any other procedure determined necessary by the 29
470+Commission. 30
499471
500- (III) FOR MAINTAINING MAINTAINING MARYLAND INSTITUTE
501-FOR EMERGENCY MEDICAL SERVICES SYSTEMS TRAUMA PROTOC OLS;
472+ (iv) Before awarding grants under this subsection in a fiscal year, the 31
473+Commission shall report to the Senate Finance Committee and the House Health and 32
474+Government Operations Committee, in accordance with § 2–1257 of the State Government 33
475+Article, on the process that the Commission has developed for awarding grants in that fiscal 34
476+year. 35 HOUSE BILL 1439 11
502477
503- (IV) FOR MAINTAINING MAINTAINING SPECIALIZED TRAUMA
504-STAFF;
505478
506- (V) FOR PROCURING PROCURING SPECIALIZED TRAUMA
507-EQUIPMENT; AND
508479
509- (VI) FOR PROVIDING PROVIDING TRAUMA EDUCATION AND
510-TRAINING; AND
480+ (f) On or before November 1 of each year, the Commission and the Health 1
481+Services Cost Review Commission shall report to the General Assembly, in accordance with 2
482+§ 2–1257 of the State Government Article, on: 3
511483
512- (8) ANY IMPROVEMENTS MADE BY TRAUMA CENTERS AS A RESULT OF
513-AN INCREASE IN FUNDI NG.
514- Ch. 718 2024 LAWS OF MARYLAND
484+ (1) The amount of money in the Fund on the last day of the previous fiscal 4
485+year; 5
515486
516-– 12 –
517- (G) THE COMMISSION SHALL AWAR D AN ANNUAL GRANT FR OM THE FUND
518-IN THE AMOUNT UP TO $1,800,000 TO LEVEL I PEDIATRIC TRAUMA CEN TERS AS
519-FOLLOWS:
487+ (2) The amount of money applied for by trauma physicians, TRAUMA 6
488+HEALTH CARE PRACTITI ONERS, and trauma centers during the previous fiscal year; 7
520489
521- (1) UP TO $900,000 TO JOHNS HOPKINS CHILDREN’S CENTER; AND
490+ (3) The amount of money distributed in the form of trauma physician, 8
491+TRAUMA HEALTH CARE P RACTITIONER, and trauma center reimbursements during the 9
492+previous fiscal year; 10
522493
523- (2) UP TO $900,000 TO CHILDREN’S NATIONAL MEDICAL CENTER.
494+ (4) Any recommendations for altering the manner in which trauma 11
495+physicians, TRAUMA HEALTH CARE PRACTITIONERS , and trauma centers are 12
496+reimbursed from the Fund; 13
524497
525-Article – Public Safety
498+ (5) The costs incurred in administering the Fund during the previous fiscal 14
499+year; [and] 15
526500
527-8–102.
501+ (6) The amount that each hospital that participates in the Maryland 16
502+trauma system and that has a trauma center contributes toward the subsidization of 17
503+trauma–related costs for its trauma center; AND 18
528504
529- (a) There is a Senator William H. Amoss Fire, Rescue, and Ambulance Fund.
505+ (7) THE AMOUNT THE HEALTH SERVICES COST REVIEW 19
506+COMMISSION ALLOWED COSTS THAT HOSPITALS REPORTED TO THE HEALTH 20
507+SERVICES COST REVIEW COMMISSION AND ARE A CCOUNTED FOR IN THE GLOBAL 21
508+BUDGETS OF THE HOSPI TALS FOR EACH OF THE FOLLOWING: 22
530509
531- (G) BEGINNING IN FISCAL Y EAR 2026, THE GOVERNOR SHALL INCLUD E AN
532-ANNUAL APPROPRIATION TO THE FUND OF AT LEAST $16,500,000.
510+ (I) IN HOSPITAL RATES FOR TRAUMA TRAUMA STANDBY; 23
533511
534-Article – State Finance and Procurement
512+ (II) IN ALLOWABLE ALLOWABLE TRAUMA CENTER COSTS FOR 24
513+REIMBURSING THE TRAU MA DIRECTOR AND TRAU MA STAFF; 25
535514
536-7–118.
515+ (III) FOR MAINTAINING MAINTAINING MARYLAND INSTITUTE 26
516+FOR EMERGENCY MEDICAL SERVICES SYSTEMS TRAUMA PROTOC OLS; 27
537517
538- (a) In its annual submission of the proposed budget, the Department of Budget
539-and Management shall provide, for informational purposes, a budget presentation that
540-includes a description of the proposed expenditures under the Maryland Emergency
541-Medical System Operations Fund for the:
518+ (IV) FOR MAINTAINING MAINTAINING SPECIALIZED TRAUMA 28
519+STAFF; 29
542520
543- (1) Maryland Institute for Emergency Medical Services Systems;
521+ (V) FOR PROCURING PROCURING SPECIALIZED TRAUMA 30
522+EQUIPMENT; AND 31
523+ 12 HOUSE BILL 1439
544524
545- (2) R Adams Cowley Shock Trauma Center;
546525
547- (3) Maryland Fire and Rescue Institute; AND
526+ (VI) FOR PROVIDING PROVIDING TRAUMA EDUCATION AND 1
527+TRAINING; AND 2
548528
549- (4) [Aviation Division of the Special Operations Bureau, Department of
550-State Police; and
529+ (8) ANY IMPROVEMENTS MADE BY TRAUMA CENTERS AS A RESULT OF 3
530+AN INCREASE IN FUNDI NG. 4
551531
552- (5)] grants under the Senator William H. Amoss Fire, Rescue, and
553-Ambulance Fund.
532+ (G) THE COMMISSION SHALL AWAR D AN ANNUAL GRANT FR OM THE FUND 5
533+IN THE AMOUNT UP TO $1,800,000 TO LEVEL I PEDIATRIC TRAUMA CENTERS AS 6
534+FOLLOWS: 7
554535
555-Article – Transportation
536+ (1) UP TO $900,000 TO JOHNS HOPKINS CHILDREN’S CENTER; AND 8
556537
557-13–954.
538+ (2) UP TO $900,000 TO CHILDREN’S NATIONAL MEDICAL CENTER. 9
558539
559- (a) In this section, “motor vehicle” means a:
540+Article – Public Safety 10
560541
561- (1) Class A (passenger) vehicle; WES MOORE, Governor Ch. 718
542+8–102. 11
562543
563-– 13 –
544+ (a) There is a Senator William H. Amoss Fire, Rescue, and Ambulance Fund. 12
564545
565- (2) Class B (for hire) vehicle;
546+ (G) BEGINNING IN FISCAL Y EAR 2026, THE GOVERNOR SHALL INCLUD E AN 13
547+ANNUAL APPROPRIATION TO THE FUND OF AT LEAST $16,500,000. 14
566548
567- (3) Class C (funeral and ambulance) vehicle;
549+Article – State Finance and Procurement 15
568550
569- (4) Class D (motorcycle) vehicle;
551+7–118. 16
570552
571- (5) Class E (truck) vehicle;
553+ (a) In its annual submission of the proposed budget, the Department of Budget 17
554+and Management shall provide, for informational purposes, a budget presentation that 18
555+includes a description of the proposed expenditures under the Maryland Emergency 19
556+Medical System Operations Fund for the: 20
572557
573- (6) Class F (tractor) vehicle;
558+ (1) Maryland Institute for Emergency Medical Services Systems; 21
574559
575- (7) Class H (school) vehicle;
560+ (2) R Adams Cowley Shock Trauma Center; 22
576561
577- (8) Class J (vanpool) vehicle;
562+ (3) Maryland Fire and Rescue Institute; AND 23
578563
579- (9) Class M (multipurpose) vehicle;
564+ (4) [Aviation Division of the Special Operations Bureau, Department of 24
565+State Police; and 25
580566
581- (10) Class P (passenger bus) vehicle;
567+ (5)] grants under the Senator William H. Amoss Fire, Rescue, and 26
568+Ambulance Fund. 27
582569
583- (11) Class Q (limousine) vehicle;
570+Article – Transportation 28
571+ HOUSE BILL 1439 13
584572
585- (12) Class R (low speed) vehicle; or
586573
587- (13) Vehicle within any other class designated by the Administrator.
574+13–954. 1
588575
589- (b) (1) In addition to the registration fee otherwise required by this title, the
590-owner of any motor vehicle registered under this title shall pay a surcharge of [$17.00]
591-$24.50 $40.00 per year for each motor vehicle registered.
576+ (a) In this section, “motor vehicle” means a: 2
592577
593- (2) (I) [$2.50] $10 $6.50 of the surcharge collected under paragraph (1)
594-of this subsection shall be paid into the Maryland Trauma Physician Services Fund
595-established under § 19–130 of the Health – General Article.
578+ (1) Class A (passenger) vehicle; 3
596579
597- (II) THE GOVERNOR ANNUALLY SHA LL ALLOCATE AT LEAST
598-$9.00 OF THE SURCHARGE COL LECTED UNDER PARAGRA PH (1) OF THIS
599-SUBSECTION TO THE R ADAMS COWLEY SHOCK TRAUMA CENTER.
580+ (2) Class B (for hire) vehicle; 4
600581
601- (III) THE BALANCE OF THE SU RCHARGE COLLECTED UN DER
602-PARAGRAPH (I) OF THIS SUBSECTION S HALL BE PAID TO THE MARYLAND
603-EMERGENCY MEDICAL SYSTEM OPERATIONS FUND ESTABLISHED UNDE R § 13–955
604-OF THIS SUBTITLE.
582+ (3) Class C (funeral and ambulance) vehicle; 5
605583
606-13–955.
584+ (4) Class D (motorcycle) vehicle; 6
607585
608- (a) In this section, “Fund” means the Maryland Emergency Medical System
609-Operations Fund. Ch. 718 2024 LAWS OF MARYLAND
586+ (5) Class E (truck) vehicle; 7
610587
611-– 14 –
588+ (6) Class F (tractor) vehicle; 8
612589
613- (b) (1) There is a Maryland Emergency Medical System Operations Fund.
590+ (7) Class H (school) vehicle; 9
614591
615- (2) The Comptroller shall administer the Fund, including accounting for
616-all transactions and performing year–end reconciliation.
592+ (8) Class J (vanpool) vehicle; 10
617593
618- (3) The Fund is a continuing, nonlapsing fund which is not subject to §
619-7–302 of the State Finance and Procurement Article.
594+ (9) Class M (multipurpose) vehicle; 11
620595
621- (4) Interest and earnings on the Fund shall be separately accounted for and
622-credited to the Fund, and are not subject to § 6–226(a) of the State Finance and
623-Procurement Article.
596+ (10) Class P (passenger bus) vehicle; 12
624597
625- (c) The Fund consists of:
598+ (11) Class Q (limousine) vehicle; 13
626599
627- (1) Registration surcharges collected under § 13–954 of this subtitle;
600+ (12) Class R (low speed) vehicle; or 14
628601
629- (2) All funds, including charges for accident scene transports and
630-interhospital transfers of patients, generated by an entity specified in subsection (e) of this
631-section that is a unit of State government; and
602+ (13) Vehicle within any other class designated by the Administrator. 15
632603
633- (3) Revenues distributed to the Fund from the surcharges collected under
634-§ 7–301(f) of the Courts Article.
604+ (b) (1) In addition to the registration fee otherwise required by this title, the 16
605+owner of any motor vehicle registered under this title shall pay a surcharge of [$17.00] 17
606+$24.50 $40.00 per year for each motor vehicle registered. 18
635607
636- (d) Expenditures from the Fund shall be made pursuant to an appropriation
637-approved by the General Assembly in the annual State budget or by the budget amendment
638-procedure provided under § 7–209 of the State Finance and Procurement Article, provided
639-that any budget amendment shall be submitted to and approved by the Legislative Policy
640-Committee prior to the expenditure or obligation of funds.
608+ (2) (I) [$2.50] $10 $6.50 of the surcharge collected under paragraph (1) 19
609+of this subsection shall be paid into the Maryland Trauma Physician Services Fund 20
610+established under § 19–130 of the Health – General Article. 21
641611
642- (e) The money in the Fund shall be used solely for:
612+ (II) THE GOVERNOR ANNUALLY SHA LL ALLOCATE AT LEAST 22
613+$9.00 OF THE SURCHARGE COL LECTED UNDER PARAGRA PH (1) OF THIS 23
614+SUBSECTION TO THE R ADAMS COWLEY SHOCK TRAUMA CENTER. 24
643615
644- (1) [Medically oriented functions of the Department of State Police, Special
645-Operations Bureau, Aviation Division;
616+ (III) THE BALANCE OF T HE SURCHARGE COLLECT ED UNDER 25
617+PARAGRAPH (I) OF THIS SUBSECTION S HALL BE PAID TO THE MARYLAND 26
618+EMERGENCY MEDICAL SYSTEM OPERATIONS FUND ESTABLISHED UNDE R § 13–955 27
619+OF THIS SUBTITLE. 28 14 HOUSE BILL 1439
646620
647- (2)] The Maryland Institute for Emergency Medical Services Systems;
648621
649- [(3)] (2) The R Adams Cowley Shock Trauma Center at the University of
650-Maryland Medical System;
651622
652- [(4)] (3) The Maryland Fire and Rescue Institute;
623+13–955. 1
653624
654- [(5)] (4) The provision of grants under the Senator William H. Amoss
655-Fire, Rescue, and Ambulance Fund in accordance with the provisions of Title 8, Subtitle 1
656-of the Public Safety Article; and
657- WES MOORE, Governor Ch. 718
625+ (a) In this section, “Fund” means the Maryland Emergency Medical System 2
626+Operations Fund. 3
658627
659-– 15 –
660- [(6)] (5) The Volunteer Company Assistance Fund in accordance with the
661-provisions of Title 8, Subtitle 2 of the Public Safety Article.
628+ (b) (1) There is a Maryland Emergency Medical System Operations Fund. 4
662629
663-21–902.
630+ (2) The Comptroller shall administer the Fund, including accounting for 5
631+all transactions and performing year–end reconciliation. 6
664632
665- (a) (1) (i) A person may not drive or attempt to drive any vehicle while
666-under the influence of alcohol.
633+ (3) The Fund is a continuing, nonlapsing fund which is not subject to § 7
634+7–302 of the State Finance and Procurement Article. 8
667635
668- (ii) A person may not drive or attempt to drive any vehicle while the
669-person is under the influence of alcohol per se.
636+ (4) Interest and earnings on the Fund shall be separately accounted for and 9
637+credited to the Fund, and are not subject to § 6–226(a) of the State Finance and 10
638+Procurement Article. 11
670639
671- (iii) A person convicted of a violation of this paragraph is subject to:
640+ (c) The Fund consists of: 12
672641
673- 1. For a first offense, imprisonment not exceeding 1 year or
674-a fine not exceeding [$1,000] $1,100 $1,200 or both; and
642+ (1) Registration surcharges collected under § 13–954 of this subtitle; 13
675643
676- 2. For a second offense, imprisonment not exceeding 2 years
677-or a fine not exceeding [$2,000] $2,200 $2,400 or both.
644+ (2) All funds, including charges for accident scene transports and 14
645+interhospital transfers of patients, generated by an entity specified in subsection (e) of this 15
646+section that is a unit of State government; and 16
678647
679- (iv) For the purpose of determining subsequent offender penalties for
680-a violation of this paragraph, a prior conviction under subsection (b), (c), or (d) of this section
681-or § 8–738 of the Natural Resources Article, within 5 years before the conviction for a
682-violation of this paragraph, shall be considered a prior conviction.
648+ (3) Revenues distributed to the Fund from the surcharges collected under 17
649+§ 7–301(f) of the Courts Article. 18
683650
684- (2) (i) A person may not violate paragraph (1) of this subsection while
685-transporting a minor.
651+ (d) Expenditures from the Fund shall be made pursuant to an appropriation 19
652+approved by the General Assembly in the annual State budget or by the budget amendment 20
653+procedure provided under § 7–209 of the State Finance and Procurement Article, provided 21
654+that any budget amendment shall be submitted to and approved by the Legislative Policy 22
655+Committee prior to the expenditure or obligation of funds. 23
686656
687- (ii) A person convicted of a violation of this paragraph is subject to:
657+ (e) The money in the Fund shall be used solely for: 24
688658
689- 1. For a first offense, imprisonment not exceeding 2 years or
690-a fine not exceeding $2,000 or both; and
659+ (1) [Medically oriented functions of the Department of State Police, Special 25
660+Operations Bureau, Aviation Division; 26
691661
692- 2. For a second offense, imprisonment not exceeding 3 years
693-or a fine not exceeding $3,000 or both.
662+ (2)] The Maryland Institute for Emergency Medical Services Systems; 27
694663
695- (iii) For the purpose of determining subsequent offender penalties for
696-a violation of this paragraph, a prior conviction under this paragraph or subsection (b)(2),
697-(c)(2), or (d)(2) of this section shall be considered a prior conviction.
664+ [(3)] (2) The R Adams Cowley Shock Trauma Center at the University of 28
665+Maryland Medical System; 29
698666
699- (b) (1) (i) A person may not drive or attempt to drive any vehicle while
700-impaired by alcohol.
667+ [(4)] (3) The Maryland Fire and Rescue Institute; 30
668+ HOUSE BILL 1439 15
701669
702- (ii) A person convicted of a violation of this paragraph is subject to:
703670
704- 1. For a first offense, imprisonment not exceeding 2 months
705-or a fine not exceeding $500 or both; and Ch. 718 2024 LAWS OF MARYLAND
671+ [(5)] (4) The provision of grants under the Senator William H. Amoss 1
672+Fire, Rescue, and Ambulance Fund in accordance with the provisions of Title 8, Subtitle 1 2
673+of the Public Safety Article; and 3
706674
707-– 16 –
675+ [(6)] (5) The Volunteer Company Assistance Fund in accordance with the 4
676+provisions of Title 8, Subtitle 2 of the Public Safety Article. 5
708677
709- 2. For a second offense, imprisonment not exceeding 1 year
710-or a fine not exceeding $500 or both.
678+21–902. 6
711679
712- (iii) For the purpose of determining subsequent offender penalties for
713-a violation of this paragraph, a prior conviction under this subsection or subsection (a), (c),
714-or (d) of this section or § 8–738 of the Natural Resources Article shall be considered a prior
715-conviction.
680+ (a) (1) (i) A person may not drive or attempt to drive any vehicle while 7
681+under the influence of alcohol. 8
716682
717- (2) (i) A person may not violate paragraph (1) of this subsection while
718-transporting a minor.
683+ (ii) A person may not drive or attempt to drive any vehicle while the 9
684+person is under the influence of alcohol per se. 10
719685
720- (ii) A person convicted of a violation of this paragraph is subject to:
686+ (iii) A person convicted of a violation of this paragraph is subject to: 11
721687
722- 1. For a first offense, imprisonment not exceeding 1 year or
723-a fine not exceeding [$1,000] $1,100 $1,200 or both; and
688+ 1. For a first offense, imprisonment not exceeding 1 year or 12
689+a fine not exceeding [$1,000] $1,100 $1,200 or both; and 13
724690
725- 2. For a second offense, imprisonment not exceeding 2 years
726-or a fine not exceeding [$2,000] $2,200 $2,400 or both.
691+ 2. For a second offense, imprisonment not exceeding 2 years 14
692+or a fine not exceeding [$2,000] $2,200 $2,400 or both. 15
727693
728- (iii) For the purpose of determining subsequent offender penalties for
729-a violation of this paragraph, a prior conviction under this paragraph or subsection (a)(2),
730-(c)(2), or (d)(2) of this section shall be considered a prior conviction.
694+ (iv) For the purpose of determining subsequent offender penalties for 16
695+a violation of this paragraph, a prior conviction under subsection (b), (c), or (d) of this section 17
696+or § 8–738 of the Natural Resources Article, within 5 years before the conviction for a 18
697+violation of this paragraph, shall be considered a prior conviction. 19
731698
732- (c) (1) (i) A person may not drive or attempt to drive any vehicle while so
733-far impaired by any drug, any combination of drugs, or a combination of one or more drugs
734-and alcohol that the person cannot drive a vehicle safely.
699+ (2) (i) A person may not violate paragraph (1) of this subsection while 20
700+transporting a minor. 21
735701
736- (ii) A person convicted of a violation of this paragraph is subject to:
702+ (ii) A person convicted of a violation of this paragraph is subject to: 22
737703
738- 1. For a first offense, imprisonment not exceeding 2 months
739-or a fine not exceeding $500 or both; and
704+ 1. For a first offense, imprisonment not exceeding 2 years or 23
705+a fine not exceeding $2,000 or both; and 24
740706
741- 2. For a second offense, imprisonment not exceeding 1 year
742-or a fine not exceeding $500 or both.
707+ 2. For a second offense, imprisonment not exceeding 3 years 25
708+or a fine not exceeding $3,000 or both. 26
743709
744- (iii) For the purpose of determining subsequent offender penalties for
745-a violation of this paragraph, a prior conviction under this subsection or subsection (a), (b),
746-or (d) of this section or § 8–738 of the Natural Resources Article shall be considered a prior
747-conviction.
710+ (iii) For the purpose of determining subsequent offender penalties for 27
711+a violation of this paragraph, a prior conviction under this paragraph or subsection (b)(2), 28
712+(c)(2), or (d)(2) of this section shall be considered a prior conviction. 29
748713
749- (iv) It is not a defense to any charge of violating this subsection that
750-the person charged is or was entitled under the laws of this State to use the drug,
751-combination of drugs, or combination of one or more drugs and alcohol, unless the person
752-was unaware that the drug or combination would make the person incapable of safely
753-driving a vehicle. WES MOORE, Governor Ch. 718
714+ (b) (1) (i) A person may not drive or attempt to drive any vehicle while 30
715+impaired by alcohol. 31
754716
755-– 17 –
717+ (ii) A person convicted of a violation of this paragraph is subject to: 32 16 HOUSE BILL 1439
756718
757- (2) (i) A person may not violate paragraph (1) of this subsection while
758-transporting a minor.
759719
760- (ii) A person convicted of a violation of this paragraph is subject to:
761720
762- 1. For a first offense, imprisonment not exceeding 1 year or
763-a fine not exceeding [$1,000] $1,100 $1,200 or both; and
721+ 1. For a first offense, imprisonment not exceeding 2 months 1
722+or a fine not exceeding $500 or both; and 2
764723
765- 2. For a second offense, imprisonment not exceeding 2 years
766-or a fine not exceeding [$2,000] $2,200 $2,400 or both.
724+ 2. For a second offense, imprisonment not exceeding 1 year 3
725+or a fine not exceeding $500 or both. 4
767726
768- (iii) For the purpose of determining subsequent offender penalties for
769-a violation of this paragraph, a prior conviction under this paragraph or subsection (a)(2),
770-(b)(2), or (d)(2) of this section shall be considered a prior conviction.
727+ (iii) For the purpose of determining subsequent offender penalties for 5
728+a violation of this paragraph, a prior conviction under this subsection or subsection (a), (c), 6
729+or (d) of this section or § 8–738 of the Natural Resources Article shall be considered a prior 7
730+conviction. 8
771731
772- (d) (1) (i) A person may not drive or attempt to drive any vehicle while the
773-person is impaired by any controlled dangerous substance, as that term is defined in §
774-5–101 of the Criminal Law Article, if the person is not entitled to use the controlled
775-dangerous substance under the laws of this State.
732+ (2) (i) A person may not violate paragraph (1) of this subsection while 9
733+transporting a minor. 10
776734
777- (ii) A person convicted of a violation of this paragraph is subject to:
735+ (ii) A person convicted of a violation of this paragraph is subject to: 11
778736
779- 1. For a first offense, imprisonment not exceeding 1 year or
780-a fine not exceeding [$1,000] $1,100 $1,200 or both; and
737+ 1. For a first offense, imprisonment not exceeding 1 year or 12
738+a fine not exceeding [$1,000] $1,100 $1,200 or both; and 13
781739
782- 2. For a second offense, imprisonment not exceeding 2 years
783-or a fine not exceeding [$2,000] $2,200 $2,400 or both.
740+ 2. For a second offense, imprisonment not exceeding 2 years 14
741+or a fine not exceeding [$2,000] $2,200 $2,400 or both. 15
784742
785- (iii) For the purpose of determining subsequent offender penalties for
786-a violation of this paragraph, a prior conviction under subsection (a), (b), or (c) of this section
787-or § 8–738 of the Natural Resources Article, within 5 years before the conviction for a
788-violation of this paragraph, shall be considered a prior conviction.
743+ (iii) For the purpose of determining subsequent offender penalties for 16
744+a violation of this paragraph, a prior conviction under this paragraph or subsection (a)(2), 17
745+(c)(2), or (d)(2) of this section shall be considered a prior conviction. 18
789746
790- (2) (i) A person may not violate paragraph (1) of this subsection while
791-transporting a minor.
747+ (c) (1) (i) A person may not drive or attempt to drive any vehicle while so 19
748+far impaired by any drug, any combination of drugs, or a combination of one or more drugs 20
749+and alcohol that the person cannot drive a vehicle safely. 21
792750
793- (ii) A person convicted of a violation of this paragraph is subject to:
751+ (ii) A person convicted of a violation of this paragraph is subject to: 22
794752
795- 1. For a first offense, imprisonment not exceeding 2 years or
796-a fine not exceeding $2,000 or both; and
753+ 1. For a first offense, imprisonment not exceeding 2 months 23
754+or a fine not exceeding $500 or both; and 24
797755
798- 2. For a second offense, imprisonment not exceeding 3 years
799-or a fine not exceeding $3,000 or both.
800- Ch. 718 2024 LAWS OF MARYLAND
756+ 2. For a second offense, imprisonment not exceeding 1 year 25
757+or a fine not exceeding $500 or both. 26
801758
802-– 18 –
803- (iii) For the purpose of determining subsequent offender penalties for
804-a violation of this paragraph, a prior conviction under this paragraph or subsection (a)(2),
805-(b)(2), or (c)(2) of this section shall be considered a prior conviction.
759+ (iii) For the purpose of determining subsequent offender penalties for 27
760+a violation of this paragraph, a prior conviction under this subsection or subsection (a), (b), 28
761+or (d) of this section or § 8–738 of the Natural Resources Article shall be considered a prior 29
762+conviction. 30
806763
807- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July
808-1, 2024.
764+ (iv) It is not a defense to any charge of violating this subsection that 31
765+the person charged is or was entitled under the laws of this State to use the drug, 32
766+combination of drugs, or combination of one or more drugs and alcohol, unless the person 33 HOUSE BILL 1439 17
809767
810-Approved by the Governor, May 16, 2024.
768+
769+was unaware that the drug or combination would make the person incapable of safely 1
770+driving a vehicle. 2
771+
772+ (2) (i) A person may not violate paragraph (1) of this subsection while 3
773+transporting a minor. 4
774+
775+ (ii) A person convicted of a violation of this paragraph is subject to: 5
776+
777+ 1. For a first offense, imprisonment not exceeding 1 year or 6
778+a fine not exceeding [$1,000] $1,100 $1,200 or both; and 7
779+
780+ 2. For a second offense, imprisonment not exceeding 2 years 8
781+or a fine not exceeding [$2,000] $2,200 $2,400 or both. 9
782+
783+ (iii) For the purpose of determining subsequent offender penalties for 10
784+a violation of this paragraph, a prior conviction under this paragraph or subsection (a)(2), 11
785+(b)(2), or (d)(2) of this section shall be considered a prior conviction. 12
786+
787+ (d) (1) (i) A person may not drive or attempt to drive any vehicle while the 13
788+person is impaired by any controlled dangerous substance, as that term is defined in § 14
789+5–101 of the Criminal Law Article, if the person is not entitled to use the controlled 15
790+dangerous substance under the laws of this State. 16
791+
792+ (ii) A person convicted of a violation of this paragraph is subject to: 17
793+
794+ 1. For a first offense, imprisonment not exceeding 1 year or 18
795+a fine not exceeding [$1,000] $1,100 $1,200 or both; and 19
796+
797+ 2. For a second offense, imprisonment not exceeding 2 years 20
798+or a fine not exceeding [$2,000] $2,200 $2,400 or both. 21
799+
800+ (iii) For the purpose of determining subsequent offender penalties for 22
801+a violation of this paragraph, a prior conviction under subsection (a), (b), or (c) of this section 23
802+or § 8–738 of the Natural Resources Article, within 5 years before the conviction for a 24
803+violation of this paragraph, shall be considered a prior conviction. 25
804+
805+ (2) (i) A person may not violate paragraph (1) of this subsection while 26
806+transporting a minor. 27
807+
808+ (ii) A person convicted of a violation of this paragraph is subject to: 28
809+
810+ 1. For a first offense, imprisonment not exceeding 2 years or 29
811+a fine not exceeding $2,000 or both; and 30
812+
813+ 2. For a second offense, imprisonment not exceeding 3 years 31
814+or a fine not exceeding $3,000 or both. 32
815+ 18 HOUSE BILL 1439
816+
817+
818+ (iii) For the purpose of determining subsequent offender penalties for 1
819+a violation of this paragraph, a prior conviction under this paragraph or subsection (a)(2), 2
820+(b)(2), or (c)(2) of this section shall be considered a prior conviction. 3
821+
822+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 4
823+1, 2024. 5
824+
825+
826+
827+
828+Approved:
829+________________________________________________________________________________
830+ Governor.
831+________________________________________________________________________________
832+ Speaker of the House of Delegates.
833+________________________________________________________________________________
834+ President of the Senate.