Old | New | Differences | |
---|---|---|---|
1 | - | WES MOORE, Governor Ch. 719 | |
2 | 1 | ||
3 | - | – 1 – | |
4 | - | Chapter 719 | |
5 | - | (Senate Bill 1092) | |
6 | 2 | ||
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 | + | Italics indicate opposite chamber/conference committee amendments. | |
9 | + | *sb1092* | |
8 | 10 | ||
9 | - | Vehicle Registration – Emergency Medical System Surcharge – Increase and | |
10 | - | Distribution of Funds | |
11 | - | Emergency Services – Funding | |
11 | + | SENATE BILL 1092 | |
12 | + | J1, R4 (4lr1874) | |
13 | + | ENROLLED BILL | |
14 | + | — Budget and Taxation/Appropriations — | |
15 | + | Introduced by Senator Guzzone | |
12 | 16 | ||
13 | - | FOR the purpose of increasing the motor vehicle registration emergency medical system | |
14 | - | surcharge for certain motor vehicles; providing for the distribution of revenues | |
15 | - | derived from the surcharge; and generally relating to the emergency medical system | |
16 | - | surcharge for motor vehicle registration altering certain provisions of law related to | |
17 | - | the Maryland Trauma Physician Services Fund, including provisions related to the | |
18 | - | contents and sources of the funding, transfer of money from the Fund, and the | |
19 | - | methodology used to determine eligibility for disbursements from the Fund; | |
20 | - | increasing the fines for certain violations of the Maryland Vehicle Law related to | |
21 | - | driving while impaired; altering the authorized uses of the Maryland Emergency | |
22 | - | Medical System Operations Fund; stating that it is the intent of the General | |
23 | - | Assembly that the annual appropriation to requiring the Governor to include a | |
24 | - | certain appropriation in the annual budget bill for the Senator William H. Amoss | |
25 | - | Fire, Rescue, and Ambulance Fund be increased to at least a certain amount | |
26 | - | beginning in a certain fiscal year; and generally relating to the funding for | |
27 | - | emergency services. | |
17 | + | Read and Examined by Proofreaders: | |
28 | 18 | ||
29 | - | BY repealing and reenacting, without amendments, | |
30 | - | Article – Health – General | |
31 | - | Section 19–101 | |
32 | - | Annotated Code of Maryland | |
33 | - | (2023 Replacement Volume) | |
19 | + | _______________________________________________ | |
20 | + | Proofreader. | |
21 | + | _______________________________________________ | |
22 | + | Proofreader. | |
34 | 23 | ||
35 | - | BY repealing and reenacting, with amendments, | |
36 | - | Article – Health – General | |
37 | - | Section 19–130 | |
38 | - | Annotated Code of Maryland | |
39 | - | (2023 Replacement Volume) | |
24 | + | Sealed with the Great Seal and presented to the Governor, for his approval this | |
40 | 25 | ||
41 | - | BY repealing and reenacting, without amendments, | |
42 | - | Article – Public Safety | |
43 | - | Section 8–102(a) | |
44 | - | Annotated Code of Maryland | |
45 | - | (2022 Replacement Volume and 2023 Supplement) | |
26 | + | _______ day of _______________ at _________________ _______ o’clock, ________M. | |
46 | 27 | ||
47 | - | BY adding to | |
48 | - | Article – Public Safety | |
49 | - | Section 8–102(g) Ch. 719 2024 LAWS OF MARYLAND | |
28 | + | ______________________________________________ | |
29 | + | President. | |
50 | 30 | ||
51 | - | – 2 – | |
52 | - | Annotated Code of Maryland | |
53 | - | (2022 Replacement Volume and 2023 Supplement) | |
31 | + | CHAPTER ______ | |
54 | 32 | ||
55 | - | BY repealing and reenacting, with amendments, | |
56 | - | Article – Transportation | |
57 | - | Section 13–954 and 21–902(a) through (d) | |
58 | - | Annotated Code of Maryland | |
59 | - | (2020 Replacement Volume and 2023 Supplement) | |
33 | + | AN ACT concerning 1 | |
60 | 34 | ||
61 | - | BY repealing and reenacting, without amendments, | |
62 | - | Article – Transportation | |
63 | - | Section 13–955 | |
64 | - | Annotated Code of Maryland | |
65 | - | (2020 Replacement Volume and 2023 Supplement) | |
35 | + | Vehicle Registration – Emergency Medical System Surcharge – Increase and 2 | |
36 | + | Distribution of Funds 3 | |
37 | + | Emergency Services – Funding 4 | |
66 | 38 | ||
67 | - | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, | |
68 | - | That the Laws of Maryland read as follows: | |
39 | + | FOR the purpose of increasing the motor vehicle registration emergency medical system 5 | |
40 | + | surcharge for certain motor vehicles; providing for the distribution of revenues 6 | |
41 | + | derived from the surcharge; and generally relating to the emergency medical system 7 | |
42 | + | surcharge for motor vehicle registration altering certain provisions of law related to 8 | |
43 | + | the Maryland Trauma Physician Services Fund, including provisions related to the 9 | |
44 | + | contents and sources of the funding, transfer of money from the Fund, and the 10 | |
45 | + | methodology used to determine eligibility for disbursements from the Fund; 11 | |
46 | + | increasing the fines for certain violations of the Maryland Vehicle Law related to 12 | |
47 | + | driving while impaired; altering the authorized uses of the Maryland Emergency 13 | |
48 | + | Medical System Operations Fund; stating that it is the intent of the General 14 | |
49 | + | Assembly that the annual appropriation to requiring the Governor to include a 15 2 SENATE BILL 1092 | |
69 | 50 | ||
70 | - | Article – Health – General | |
71 | 51 | ||
72 | - | 19–101. | |
52 | + | certain appropriation in the annual budget bill for the Senator William H. Amoss 1 | |
53 | + | Fire, Rescue, and Ambulance Fund be increased to at least a certain amount 2 | |
54 | + | beginning in a certain fiscal year; and generally relating to the funding for 3 | |
55 | + | emergency services. 4 | |
73 | 56 | ||
74 | - | In this subtitle, “Commission” means the Maryland Health Care Commission. | |
57 | + | BY repealing and reenacting, without amendments, 5 | |
58 | + | Article – Health – General 6 | |
59 | + | Section 19–101 7 | |
60 | + | Annotated Code of Maryland 8 | |
61 | + | (2023 Replacement Volume) 9 | |
75 | 62 | ||
76 | - | 19–130. | |
63 | + | BY repealing and reenacting, with amendments, 10 | |
64 | + | Article – Health – General 11 | |
65 | + | Section 19–130 12 | |
66 | + | Annotated Code of Maryland 13 | |
67 | + | (2023 Replacement Volume) 14 | |
77 | 68 | ||
78 | - | (a) (1) In this section the following words have the meanings indicated. | |
69 | + | BY repealing and reenacting, without amendments, 15 | |
70 | + | Article – Public Safety 16 | |
71 | + | Section 8–102(a) 17 | |
72 | + | Annotated Code of Maryland 18 | |
73 | + | (2022 Replacement Volume and 2023 Supplement) 19 | |
79 | 74 | ||
80 | - | (2) “Fund” means the Maryland Trauma Physician Services Fund. | |
75 | + | BY adding to 20 | |
76 | + | Article – Public Safety 21 | |
77 | + | Section 8–102(g) 22 | |
78 | + | Annotated Code of Maryland 23 | |
79 | + | (2022 Replacement Volume and 2023 Supplement) 24 | |
81 | 80 | ||
82 | - | (3) “Maryland Trauma Specialty Referral Centers” means: | |
81 | + | BY repealing and reenacting, with amendments, 25 | |
82 | + | Article – Transportation 26 | |
83 | + | Section 13–954 and 21–902(a) through (d) 27 | |
84 | + | Annotated Code of Maryland 28 | |
85 | + | (2020 Replacement Volume and 2023 Supplement) 29 | |
83 | 86 | ||
84 | - | (i) The Johns Hopkins Health System Burn Program; | |
87 | + | BY repealing and reenacting, without amendments, 30 | |
88 | + | Article – Transportation 31 | |
89 | + | Section 13–955 32 | |
90 | + | Annotated Code of Maryland 33 | |
91 | + | (2020 Replacement Volume and 2023 Supplement) 34 | |
85 | 92 | ||
86 | - | | |
87 | - | ||
93 | + | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 35 | |
94 | + | That the Laws of Maryland read as follows: 36 | |
88 | 95 | ||
89 | - | ||
96 | + | Article – Health – General 37 | |
90 | 97 | ||
91 | - | (4) “REASONABLE COMPENSATI ON EQUIVALENT ” MEANS THE | |
92 | - | LIMITATION ON THE CO ST ESTABLISHED BY TH E CENTERS FOR MEDICARE AND | |
93 | - | MEDICAID SERVICES THAT A PROVI DER MAY CLAIM FOR CO MPENSATION OF | |
94 | - | SERVICES. | |
95 | - | WES MOORE, Governor Ch. 719 | |
98 | + | 19–101. 38 SENATE BILL 1092 3 | |
96 | 99 | ||
97 | - | – 3 – | |
98 | - | [(4)] (5) “Rehabilitation hospital” means a facility classified as a special | |
99 | - | rehabilitation hospital as described in § 19–307 of this title that is affiliated with a trauma | |
100 | - | center by common ownership. | |
101 | 100 | ||
102 | - | [(5)] (6) (i) “Trauma center” means a facility designated by the | |
103 | - | Maryland Institute for Emergency Medical Services Systems as: | |
104 | 101 | ||
105 | - | | |
102 | + | In this subtitle, “Commission” means the Maryland Health Care Commission. 1 | |
106 | 103 | ||
107 | - | 2 | |
104 | + | 19–130. 2 | |
108 | 105 | ||
109 | - | 3 | |
106 | + | (a) (1) In this section the following words have the meanings indicated. 3 | |
110 | 107 | ||
111 | - | | |
108 | + | (2) “Fund” means the Maryland Trauma Physician Services Fund. 4 | |
112 | 109 | ||
113 | - | | |
110 | + | (3) “Maryland Trauma Specialty Referral Centers” means: 5 | |
114 | 111 | ||
115 | - | | |
112 | + | (i) The Johns Hopkins Health System Burn Program; 6 | |
116 | 113 | ||
117 | - | (ii) “Trauma center” includes an out–of–state pediatric trauma | |
118 | - | center that has entered into an agreement with the Maryland Institute for Emergency | |
119 | - | Medical Services Systems. | |
114 | + | (ii) The Eye Trauma Center at the Wilmer Eye Institute at The 7 | |
115 | + | Johns Hopkins Hospital; and 8 | |
120 | 116 | ||
121 | - | (7) “TRAUMA HEALTH CARE PR ACTITIONER” MEANS A HEALTH CARE | |
122 | - | PRACTITIONER LICENSE D UNDER THE HEALTH OCCUPATIONS ARTICLE WHO | |
123 | - | PROVIDES CARE IN A T RAUMA CENTER OR IN A REHABILITATION HOSPI TAL TO | |
124 | - | TRAUMA PATIENTS ON T HE STATE TRAUMA REGISTRY AS DEFINED BY THE | |
125 | - | MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS. | |
117 | + | (iii) The Curtis National Hand Center at Union Memorial Hospital. 9 | |
126 | 118 | ||
127 | - | [(6)] (8) “Trauma physician” means a physician who provides care in a | |
128 | - | trauma center or in a rehabilitation hospital to trauma patients on the State trauma | |
129 | - | registry as defined by the Maryland Institute for Emergency Medical Services Systems. | |
119 | + | (4) “REASONABLE COMPENSATI ON EQUIVALENT ” MEANS THE 10 | |
120 | + | LIMITATION ON THE CO ST ESTABLISHED BY TH E CENTERS FOR MEDICARE AND 11 | |
121 | + | MEDICAID SERVICES THAT A PROVI DER MAY CLAIM FOR CO MPENSATION OF 12 | |
122 | + | SERVICES. 13 | |
130 | 123 | ||
131 | - | [( | |
132 | - | ||
133 | - | ||
124 | + | [(4)] (5) “Rehabilitation hospital” means a facility classified as a special 14 | |
125 | + | rehabilitation hospital as described in § 19–307 of this title that is affiliated with a trauma 15 | |
126 | + | center by common ownership. 16 | |
134 | 127 | ||
135 | - | (i) Has no health insurance, including Medicare Part B coverage; | |
128 | + | [(5)] (6) (i) “Trauma center” means a facility designated by the 17 | |
129 | + | Maryland Institute for Emergency Medical Services Systems as: 18 | |
136 | 130 | ||
137 | - | | |
131 | + | 1. The State primary adult resource center; 19 | |
138 | 132 | ||
139 | - | (iii) Has not paid the trauma physician OR TRAUMA HEALTH CAR E | |
140 | - | PRACTITIONER for care provided by the trauma physician OR TRAUMA HEALTH CAR E | |
141 | - | PRACTITIONER , after documented attempts by the trauma physician OR TRAUMA | |
142 | - | HEALTH CARE PRACTITI ONER to collect payment. Ch. 719 2024 LAWS OF MARYLAND | |
133 | + | 2. A Level I trauma center; 20 | |
143 | 134 | ||
144 | - | ||
135 | + | 3. A Level II trauma center; 21 | |
145 | 136 | ||
146 | - | | |
137 | + | 4. A Level III trauma center; 22 | |
147 | 138 | ||
148 | - | | |
139 | + | 5. A pediatric trauma center; or 23 | |
149 | 140 | ||
150 | - | (i) Of uncompensated care incurred by a trauma physician OR | |
151 | - | TRAUMA HEALTH CARE P RACTITIONER in providing trauma care to a trauma patient on | |
152 | - | the State trauma registry; | |
141 | + | 6. The Maryland Trauma Specialty Referral Centers. 24 | |
153 | 142 | ||
154 | - | (ii) Of | |
155 | - | ||
156 | - | ||
157 | - | ||
143 | + | (ii) “Trauma center” includes an out–of–state pediatric trauma 25 | |
144 | + | center that has entered into an agreement with the Maryland Institute for Emergency 26 | |
145 | + | Medical Services Systems. 27 | |
146 | + | 4 SENATE BILL 1092 | |
158 | 147 | ||
159 | - | (iii) Incurred by a trauma center to maintain trauma physicians | |
160 | - | on–call as required by the Maryland Institute for Emergency Medical Services Systems; | |
161 | 148 | ||
162 | - | (iv) Incurred by the State primary adult resource center to maintain | |
163 | - | trauma surgeons, orthopedic surgeons, neurosurgeons, and anesthesiologists on–call and | |
164 | - | on standby as required by the Maryland Institute for Emergency Medical Services Systems; | |
165 | - | and | |
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 T HE STATE TRAUMA REGISTRY AS DEFINED BY THE 4 | |
153 | + | MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS. 5 | |
166 | 154 | ||
167 | - | ( | |
168 | - | ||
169 | - | ||
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 | |
170 | 158 | ||
171 | - | (3) The Commission and the Health Services Cost Review Commission | |
172 | - | shall administer the Fund. | |
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 | |
173 | 162 | ||
174 | - | (4) The Fund is a special, nonlapsing fund that is not subject to § 7–302 of | |
175 | - | the State Finance and Procurement Article. | |
163 | + | (i) Has no health insurance, including Medicare Part B coverage; 12 | |
176 | 164 | ||
177 | - | (5) Interest on and other income from the Fund shall be separately | |
178 | - | accounted for and credited to the Fund, and are not subject to § 6–226(a) of the State | |
179 | - | Finance and Procurement Article. | |
165 | + | (ii) Is not eligible for medical assistance coverage; and 13 | |
180 | 166 | ||
181 | - | (c) The Fund consists of [motor]: | |
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 | |
182 | 171 | ||
183 | - | (1) MOTOR vehicle registration surcharges paid into the Fund in | |
184 | - | accordance with § 13–954(b)(2) of the Transportation Article; | |
172 | + | (b) (1) There is a Maryland Trauma Physician Services Fund. 18 | |
185 | 173 | ||
186 | - | (2) AT LEAST 10% 20% OF THE FINES COLLECT ED UNDER § | |
187 | - | 21–902(A)(1), (B)(2), (C)(2), AND (D)(1) OF THE TRANSPORTATION ARTICLE; AND | |
188 | - | WES MOORE, Governor Ch. 719 | |
174 | + | (2) The purpose of the Fund is to subsidize the documented costs: 19 | |
189 | 175 | ||
190 | - | ||
191 | - | ||
192 | - | THE STATE | |
176 | + | (i) Of uncompensated care incurred by a trauma physician OR 20 | |
177 | + | TRAUMA HEALTH CARE P RACTITIONER in providing trauma care to a trauma patient on 21 | |
178 | + | the State trauma registry; 22 | |
193 | 179 | ||
194 | - | ( | |
195 | - | ||
196 | - | ||
197 | - | ||
180 | + | (ii) Of undercompensated care incurred by a trauma physician OR 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 | |
198 | 184 | ||
199 | - | (2) The Fund shall transfer to the Maryland Department of Health an | |
200 | - | amount sufficient to fully cover the State’s share of expenditures for the costs of | |
201 | - | undercompensated care incurred by a trauma physician in providing trauma care to an | |
202 | - | enrollee of the Maryland Medical Assistance Program who is a trauma patient on the State | |
203 | - | trauma registry. | |
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 | |
204 | 187 | ||
205 | - | (3) The methodology developed under paragraph (1) of this subsection | |
206 | - | shall: | |
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 | + | SENATE BILL 1092 5 | |
207 | 193 | ||
208 | - | (i) Take into account: | |
209 | 194 | ||
210 | - | 1. The amount of uncompensated care provided by trauma | |
211 | - | physicians; | |
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 | |
212 | 198 | ||
213 | - | | |
214 | - | ||
199 | + | (3) The Commission and the Health Services Cost Review Commission 4 | |
200 | + | shall administer the Fund. 5 | |
215 | 201 | ||
216 | - | 3. The cost of maintaining trauma physicians on–call; | |
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 | |
217 | 204 | ||
218 | - | 4. The number of patients served by trauma physicians in | |
219 | - | trauma centers; | |
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 | |
220 | 208 | ||
221 | - | 5. The number of Maryland residents served by trauma | |
222 | - | physicians in trauma centers; and | |
209 | + | (c) The Fund consists of [motor]: 11 | |
223 | 210 | ||
224 | - | | |
225 | - | ||
211 | + | (1) MOTOR vehicle registration surcharges paid into the Fund in 12 | |
212 | + | accordance with § 13–954(b)(2) of the Transportation Article; 13 | |
226 | 213 | ||
227 | - | ( | |
228 | - | ||
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 | |
229 | 216 | ||
230 | - | (4) The methodology developed under paragraph (1) of this subsection shall | |
231 | - | use the following parameters to determine the amount of reimbursement made to trauma | |
232 | - | physicians and trauma centers from the Fund: | |
217 | + | (3) ANY OTHER MONEY TRANS FERRED FROM THE GENERAL FUND OF 16 | |
218 | + | THE STATE. 17 | |
233 | 219 | ||
234 | - | (i) 1. The cost incurred by a Level II trauma center to maintain | |
235 | - | trauma surgeons, orthopedic surgeons, and neurosurgeons on–call shall be reimbursed: | |
236 | - | Ch. 719 2024 LAWS OF MARYLAND | |
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 | |
237 | 224 | ||
238 | - | ||
239 | - | ||
240 | - | ||
241 | - | ||
242 | - | ||
225 | + | (2) The Fund shall transfer to the Maryland Department of Health an 22 | |
226 | + | amount sufficient to fully cover the State’s share of expenditures for the costs of 23 | |
227 | + | undercompensated care incurred by a trauma physician in providing trauma care to an 24 | |
228 | + | enrollee of the Maryland Medical Assistance Program who is a trauma patient on the State 25 | |
229 | + | trauma registry. 26 | |
243 | 230 | ||
244 | - | B. For the minimum number of trauma physicians required | |
245 | - | to be on–call, as specified by the Maryland Institute for Emergency Medical Services | |
246 | - | Systems in its criteria for Level II trauma centers; | |
231 | + | (3) The methodology developed under paragraph (1) of this subsection 27 | |
232 | + | shall: 28 | |
247 | 233 | ||
248 | - | 2. The cost incurred by a Level III trauma center to maintain | |
249 | - | trauma surgeons, orthopedic surgeons, neurosurgeons, and anesthesiologists on–call shall | |
250 | - | be reimbursed: | |
234 | + | (i) Take into account: 29 | |
251 | 235 | ||
252 | - | A. At a rate of up to [35%] 60% of the reasonable [cost | |
253 | - | equivalents] COMPENSATION EQUIVALENT hourly rate for the specialty, inflated to the | |
254 | - | current year by the physician compensation component of the Medicare economic index as | |
255 | - | designated by the Centers for Medicare and Medicaid Services; and | |
236 | + | 1. The amount of uncompensated care provided by trauma 30 | |
237 | + | physicians; 31 | |
256 | 238 | ||
257 | - | B. For the minimum number of trauma physicians required | |
258 | - | to be on–call, as specified by the Maryland Institute for Emergency Medical Services | |
259 | - | Systems in its criteria for Level III trauma centers; | |
239 | + | 2. The amount of undercompensated care attributable to the 32 | |
240 | + | treatment of Medicaid enrollees in trauma centers; 33 6 SENATE BILL 1092 | |
260 | 241 | ||
261 | - | 3. The cost incurred by a Level I trauma center or pediatric | |
262 | - | trauma center to maintain trauma surgeons, orthopedic surgeons, and neurosurgeons | |
263 | - | on–call when a post–graduate resident is attending in the trauma center shall be | |
264 | - | reimbursed: | |
265 | 242 | ||
266 | - | A. At a rate of up to [30%] 60% of the reasonable [cost | |
267 | - | equivalents] COMPENSATION EQUIVALENT hourly rate for the specialty, inflated to the | |
268 | - | current year by the physician compensation component of the Medicare economic index as | |
269 | - | designated by the Centers for Medicare and Medicaid Services; and | |
270 | 243 | ||
271 | - | B. When a post –graduate resident is [permitted] | |
272 | - | AUTHORIZED to be in the trauma center, as specified by the Maryland Institute for | |
273 | - | Emergency Medical Services Systems in its criteria for Level I trauma centers or pediatric | |
274 | - | trauma centers; | |
244 | + | 3. The cost of maintaining trauma physicians on–call; 1 | |
275 | 245 | ||
276 | - | 4. The cost incurred by a Maryland Trauma Specialty | |
277 | - | Referral Center to maintain trauma surgeons on–call in the specialty of the Center when a | |
278 | - | post–graduate resident is attending in the Center shall be reimbursed: | |
246 | + | 4. The number of patients served by trauma physicians in 2 | |
247 | + | trauma centers; 3 | |
279 | 248 | ||
280 | - | A. At a rate of up to [30%] 60% of the reasonable [cost | |
281 | - | equivalents] COMPENSATION EQUIVALENT hourly rate for the specialty, inflated to the | |
282 | - | current year by the physician compensation component of the Medicare economic index as | |
283 | - | designated by the Centers for Medicare and Medicaid Services; and WES MOORE, Governor Ch. 719 | |
249 | + | 5. The number of Maryland residents served by trauma 4 | |
250 | + | physicians in trauma centers; and 5 | |
284 | 251 | ||
285 | - | – 7 – | |
252 | + | 6. The extent to which trauma–related costs are otherwise 6 | |
253 | + | subsidized by hospitals, the federal government, and other sources; and 7 | |
286 | 254 | ||
287 | - | B. When a post –graduate resident is [permitted] | |
288 | - | AUTHORIZE D to be in the Center, as specified by the Maryland Institute for Emergency | |
289 | - | Medical Services Systems in its criteria for a Maryland Trauma Specialty Referral Center; | |
290 | - | and | |
255 | + | (ii) Include an incentive to encourage hospitals to continue to 8 | |
256 | + | subsidize trauma–related costs not otherwise included in hospital rates. 9 | |
291 | 257 | ||
292 | - | 5. A. A Level II trauma center is eligible for a maximum | |
293 | - | of [24,500] 26,280 hours of trauma on–call per year; | |
258 | + | (4) The methodology developed under paragraph (1) of this subsection shall 10 | |
259 | + | use the following parameters to determine the amount of reimbursement made to trauma 11 | |
260 | + | physicians and trauma centers from the Fund: 12 | |
294 | 261 | ||
295 | - | | |
296 | - | ||
262 | + | (i) 1. The cost incurred by a Level II trauma center to maintain 13 | |
263 | + | trauma surgeons, orthopedic surgeons, and neurosurgeons on–call shall be reimbursed: 14 | |
297 | 264 | ||
298 | - | C. A Level I trauma center shall be eligible for a maximum of | |
299 | - | 4,380 hours of trauma on–call per year; | |
265 | + | A. At a rate of up to [30%] 60% of the reasonable [cost 15 | |
266 | + | equivalents] COMPENSATION EQUIVALENT hourly rate for the specialty, inflated to the 16 | |
267 | + | current year by the physician compensation component of the Medicare economic index as 17 | |
268 | + | designated by the Centers for Medicare and Medicaid Services; and 18 | |
300 | 269 | ||
301 | - | D. A pediatric trauma center shall be eligible for a maximum | |
302 | - | of 4,380 hours of trauma on–call per year; and | |
270 | + | B. For the minimum number of trauma physicians required 19 | |
271 | + | to be on–call, as specified by the Maryland Institute for Emergency Medical Services 20 | |
272 | + | Systems in its criteria for Level II trauma centers; 21 | |
303 | 273 | ||
304 | - | E. A Maryland Trauma Specialty Referral Center shall be | |
305 | - | eligible for a maximum of 2,190 hours of trauma on–call per year; | |
274 | + | 2. The cost incurred by a Level III trauma center to maintain 22 | |
275 | + | trauma surgeons, orthopedic surgeons, neurosurgeons, and anesthesiologists on–call shall 23 | |
276 | + | be reimbursed: 24 | |
306 | 277 | ||
307 | - | (ii) The cost of undercompensated care incurred by a trauma | |
308 | - | physician in providing trauma care to enrollees of the Maryland Medical Assistance | |
309 | - | Program who are trauma patients on the State trauma registry shall be reimbursed at a | |
310 | - | rate of up to 100% of the Medicare payment for the service, minus any amount paid by the | |
311 | - | Maryland Medical Assistance Program; | |
278 | + | A. At a rate of up to [35%] 60% of the reasonable [cost 25 | |
279 | + | equivalents] COMPENSATION EQUIVALENT hourly rate for the specialty, inflated to the 26 | |
280 | + | current year by the physician compensation component of the Medicare economic index as 27 | |
281 | + | designated by the Centers for Medicare and Medicaid Services; and 28 | |
312 | 282 | ||
313 | - | (iii) The cost of uncompensated care incurred by a trauma physician | |
314 | - | in providing trauma care to trauma patients on the State trauma registry shall be | |
315 | - | reimbursed at a rate of 100% of the Medicare payment for the service, minus any recoveries | |
316 | - | made by the trauma physician for the care; | |
283 | + | B. For the minimum number of trauma physicians required 29 | |
284 | + | to be on–call, as specified by the Maryland Institute for Emergency Medical Services 30 | |
285 | + | Systems in its criteria for Level III trauma centers; 31 | |
317 | 286 | ||
318 | - | (iv) The Commission, in consultation with the Health Services Cost | |
319 | - | Review Commission, may establish a payment rate for uncompensated care incurred by a | |
320 | - | trauma physician in providing trauma care to trauma patients on the State trauma registry | |
321 | - | that is above 100% of the Medicare payment for the service if: | |
287 | + | 3. The cost incurred by a Level I trauma center or pediatric 32 | |
288 | + | trauma center to maintain trauma surgeons, orthopedic surgeons, and neurosurgeons 33 SENATE BILL 1092 7 | |
322 | 289 | ||
323 | - | 1. The Commission determines that increasing the payment | |
324 | - | rate above 100% of the Medicare payment for the service will address an unmet need in the | |
325 | - | State trauma system; and | |
326 | 290 | ||
327 | - | 2. The Commission reports on its intention to increase the | |
328 | - | payment rate to the Senate Finance Committee and the House Health and Government | |
329 | - | Operations Committee, in accordance with § 2–1257 of the State Government Article, at | |
330 | - | least 60 days before any adjustment to the rate; | |
331 | - | Ch. 719 2024 LAWS OF MARYLAND | |
291 | + | on–call when a post–graduate resident is attending in the trauma center shall be 1 | |
292 | + | reimbursed: 2 | |
332 | 293 | ||
333 | - | ||
334 | - | ||
335 | - | ||
336 | - | ||
294 | + | A. At a rate of up to [30%] 60% of the reasonable [cost 3 | |
295 | + | equivalents] COMPENSATION EQUIVALENT hourly rate for the specialty, inflated to the 4 | |
296 | + | current year by the physician compensation component of the Medicare economic index as 5 | |
297 | + | designated by the Centers for Medicare and Medicaid Services; and 6 | |
337 | 298 | ||
338 | - | (VI) THE COMMISSION, IN CONSULTATION WITH THE HEALTH | |
339 | - | SERVICES COST REVIEW COMMISSION, MAY CHANGE THE PERCE NTAGE OF THE | |
340 | - | REASONABLE COMPENSAT ION EQUIVALENT PAID TO TRAUMA HOSPITALS IF: | |
299 | + | B. When a post –graduate resident is [permitted] 7 | |
300 | + | AUTHORIZED to be in the trauma center, as specified by the Maryland Institute for 8 | |
301 | + | Emergency Medical Services Systems in its criteria for Level I trauma centers or pediatric 9 | |
302 | + | trauma centers; 10 | |
341 | 303 | ||
342 | - | 1. THE COMMISSION DETERMINES THAT THE | |
343 | - | PROJECTED REVENUE TO BE COLLECTED IN THE FUND IS ADEQUATE TO S UPPORT | |
344 | - | THE PROPOSED INCREAS E IN THE PERCENTAGE OF REASONABLE COMPEN SATION | |
345 | - | EQUIVALENT INFLATED TO THE CURRENT YEAR BY THE PHYSICIAN COM PENSATION | |
346 | - | COMPONENT OF THE MEDICARE ECON OMIC INDEX; AND | |
304 | + | 4. The cost incurred by a Maryland Trauma Specialty 11 | |
305 | + | Referral Center to maintain trauma surgeons on–call in the specialty of the Center when a 12 | |
306 | + | post–graduate resident is attending in the Center shall be reimbursed: 13 | |
347 | 307 | ||
348 | - | 2. THE COMMISSION REPORTS ON ITS INTENTION TO | |
349 | - | CHANGE THE PERCENTAG E OF REASONABLE COMP ENSATION EQUIVALENT TO BE | |
350 | - | PAID FOR ON–CALL COSTS TO THE SENATE FINANCE COMMITTEE AND THE HOUSE | |
351 | - | HEALTH AND GOVERNMENT OPERATIONS COMMITTEE, IN ACCORDA NCE WITH § | |
352 | - | 2–1257 OF THE STATE GOVERNMENT ARTICLE, AT LEAST 60 DAYS BEFORE ANY | |
353 | - | ADJUSTMENT TO THE AL LOWABLE HOURS ; | |
308 | + | A. At a rate of up to [30%] 60% of the reasonable [cost 14 | |
309 | + | equivalents] COMPENSATION EQUIVALENT hourly rate for the specialty, inflated to the 15 | |
310 | + | current year by the physician compensation component of the Medicare economic index as 16 | |
311 | + | designated by the Centers for Medicare and Medicaid Services; and 17 | |
354 | 312 | ||
355 | - | (VII) THE COMMISSION, IN CONSULTATION WITH THE HEALTH | |
356 | - | SERVICES COST REVIEW COMMISSION, MAY CHANGE THE NUMBE R OF ALLOWABLE | |
357 | - | HOURS OF TRAUMA ON–CALL EACH YEAR IF TH E COMMISSION REPORTS ON ITS | |
358 | - | INTENTION TO CHANGE THE NUMBER OF ALLOWA BLE HOURS TO THE SENATE | |
359 | - | FINANCE COMMITTEE AND THE HOUSE HEALTH AND GOVERNMENT OPERATIONS | |
360 | - | COMMITTEE, IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT | |
361 | - | ARTICLE, AT LEAST 60 DAYS BEFORE ANY ADJU STMENT TO THE ALLOWA BLE HOURS; | |
313 | + | B. When a post –graduate resident is [permitted] 18 | |
314 | + | AUTHORIZED to be in the Center, as specified by the Maryland Institute for Emergency 19 | |
315 | + | Medical Services Systems in its criteria for a Maryland Trauma Specialty Referral Center; 20 | |
316 | + | and 21 | |
362 | 317 | ||
363 | - | (VIII) THE COMMISSION MAY MODIFY THE PERCENTAGE PAID , | |
364 | - | AND THE MAXIMUM NUMB ER OF HOURS ALLOWED , OF THE REASONABLE | |
365 | - | COMPENSATION EQUIVAL ENT FOR ON–CALL CARE HOURS NOT MORE THAN ONCE | |
366 | - | EACH YEAR; AND | |
318 | + | 5. A. A Level II trauma center is eligible for a maximum 22 | |
319 | + | of [24,500] 26,280 hours of trauma on–call per year; 23 | |
367 | 320 | ||
368 | - | | |
369 | - | ||
321 | + | B. A Level III trauma center is eligible for a maximum of 24 | |
322 | + | 35,040 hours of trauma on–call per year; 25 | |
370 | 323 | ||
371 | - | (5) In order to receive reimbursement, a trauma physician OR TRAUMA | |
372 | - | HEALTH CARE PRACTITI ONER in the case of costs of uncompensated care under | |
373 | - | subsection (b)(2)(i) of this section, or a trauma center in the case of on–call costs under | |
374 | - | subsection (b)(2)(iii) of this section, shall apply to the Fund on a form and in a manner | |
375 | - | approved by the Commission and the Health Services Cost Review Commission. | |
376 | - | WES MOORE, Governor Ch. 719 | |
324 | + | C. A Level I trauma center shall be eligible for a maximum of 26 | |
325 | + | 4,380 hours of trauma on–call per year; 27 | |
377 | 326 | ||
378 | - | – 9 – | |
379 | - | (6) (i) The Commission and the Health Services Cost Review | |
380 | - | Commission shall adopt regulations that specify the information that trauma physicians, | |
381 | - | TRAUMA HEALTH CARE P RACTITIONERS , and trauma centers must submit to receive | |
382 | - | money from the Fund. | |
327 | + | D. A pediatric trauma center shall be eligible for a maximum 28 | |
328 | + | of 4,380 hours of trauma on–call per year; and 29 | |
383 | 329 | ||
384 | - | (ii) The information required shall include: | |
330 | + | E. A Maryland Trauma Specialty Referral Center shall be 30 | |
331 | + | eligible for a maximum of 2,190 hours of trauma on–call per year; 31 | |
385 | 332 | ||
386 | - | 1. The name and federal tax identification number of the | |
387 | - | trauma physician rendering the service; | |
333 | + | (ii) The cost of undercompensated care incurred by a trauma 32 | |
334 | + | physician in providing trauma care to enrollees of the Maryland Medical Assistance 33 | |
335 | + | Program who are trauma patients on the State trauma registry shall be reimbursed at a 34 8 SENATE BILL 1092 | |
388 | 336 | ||
389 | - | 2. The date of the service; | |
390 | 337 | ||
391 | - | 3. Appropriate codes describing the service; | |
338 | + | rate of up to 100% of the Medicare payment for the service, minus any amount paid by the 1 | |
339 | + | Maryland Medical Assistance Program; 2 | |
392 | 340 | ||
393 | - | 4. Any amount recovered for the service rendered; | |
341 | + | (iii) The cost of uncompensated care incurred by a trauma physician 3 | |
342 | + | in providing trauma care to trauma patients on the State trauma registry shall be 4 | |
343 | + | reimbursed at a rate of 100% of the Medicare payment for the service, minus any recoveries 5 | |
344 | + | made by the trauma physician for the care; 6 | |
394 | 345 | ||
395 | - | 5. The name of the trauma patient; | |
346 | + | (iv) The Commission, in consultation with the Health Services Cost 7 | |
347 | + | Review Commission, may establish a payment rate for uncompensated care incurred by a 8 | |
348 | + | trauma physician in providing trauma care to trauma patients on the State trauma registry 9 | |
349 | + | that is above 100% of the Medicare payment for the service if: 10 | |
396 | 350 | ||
397 | - | 6. The patient’s trauma registry number; and | |
351 | + | 1. The Commission determines that increasing the payment 11 | |
352 | + | rate above 100% of the Medicare payment for the service will address an unmet need in the 12 | |
353 | + | State trauma system; and 13 | |
398 | 354 | ||
399 | - | 7. Any other information the Commission and the Health | |
400 | - | Services Cost Review Commission consider necessary to disburse money from the Fund. | |
355 | + | 2. The Commission reports on its intention to increase the 14 | |
356 | + | payment rate to the Senate Finance Committee and the House Health and Government 15 | |
357 | + | Operations Committee, in accordance with § 2–1257 of the State Government Article, at 16 | |
358 | + | least 60 days before any adjustment to the rate; 17 | |
401 | 359 | ||
402 | - | (iii) It is the intent of the General Assembly that trauma physicians | |
403 | - | and trauma centers shall cooperate with the Commission and the Health Services Cost | |
404 | - | Review Commission by providing information required under this paragraph in a timely | |
405 | - | and complete manner. | |
360 | + | (v) The Commission shall develop guidelines for the reimbursement 18 | |
361 | + | of the documented costs of the State primary adult resource center under subsection 19 | |
362 | + | (b)(2)(iv) of this section; [and] 20 | |
406 | 363 | ||
407 | - | ( | |
408 | - | ||
409 | - | ||
364 | + | (VI) THE COMMISSION, IN CONSULTATION WITH THE HEALTH 21 | |
365 | + | SERVICES COST REVIEW COMMISSION, MAY CHANGE THE PERCE NTAGE OF THE 22 | |
366 | + | REASONABLE COMPENSAT ION EQUIVALENT PAID TO TRAUMA HOSPITALS IF: 23 | |
410 | 367 | ||
411 | - | | |
412 | - | ||
413 | - | ||
414 | - | ||
415 | - | ||
368 | + | 1. THE COMMISSION DETERMINES THAT THE 24 | |
369 | + | PROJECTED REVENUE TO BE COLLECTED IN THE FUND IS ADEQUATE TO S UPPORT 25 | |
370 | + | THE PROPOSED INCREAS E IN THE PERCENTAGE OF REASONABLE COMPEN SATION 26 | |
371 | + | EQUIVALENT INFLATED TO THE CURRENT YEAR BY THE PHYSICIAN COM PENSATION 27 | |
372 | + | COMPONENT OF THE MEDICARE ECONOMIC IND EX; AND 28 | |
416 | 373 | ||
417 | - | (ii) 1. The Commission shall issue grants under this paragraph | |
418 | - | from any balance carried over to the Fund from prior fiscal years. | |
374 | + | 2. THE COMMISSION REPORTS ON ITS INTENTION TO 29 | |
375 | + | CHANGE THE PERCENTAG E OF REASONABLE COMP ENSATION EQUIVALENT TO BE 30 | |
376 | + | PAID FOR ON–CALL COSTS TO THE SENATE FINANCE COMMITTEE AND THE HOUSE 31 | |
377 | + | HEALTH AND GOVERNMENT OPERATIONS COMMITTEE, IN ACCORDANCE WITH § 32 | |
378 | + | 2–1257 OF THE STATE GOVERNMENT ARTICLE, AT LEAST 60 DAYS BEFORE ANY 33 | |
379 | + | ADJUSTMENT TO THE AL LOWABLE HOURS ; 34 | |
419 | 380 | ||
420 | - | 2. [The total amount of grants awarded under this | |
421 | - | paragraph in a fiscal year may not exceed 10% of the balance remaining in the Fund at the | |
422 | - | end of the fiscal year immediately prior to the fiscal year in which grants are awarded] | |
423 | - | THE TOTAL AMOUNT OF G RANTS AWARDED UNDER THIS PARAGRAPH IN A FISCAL | |
424 | - | YEAR MAY NO T REDUCE THE BALANCE REMAINING IN THE FUND AT THE END OF TH E Ch. 719 2024 LAWS OF MARYLAND | |
381 | + | (VII) THE COMMISSION, IN CONSULTATION WITH THE HEALTH 35 | |
382 | + | SERVICES COST REVIEW COMMISSION, MAY CHANGE THE NUMBE R OF ALLOWABLE 36 SENATE BILL 1092 9 | |
425 | 383 | ||
426 | - | – 10 – | |
427 | - | FISCAL YEAR TO LESS THAN 15% OF THE REVENUE COLLE CTED IN THAT FISCAL | |
428 | - | YEAR. | |
429 | 384 | ||
430 | - | (iii) The process developed by the Commission for the award of grants | |
431 | - | under this paragraph shall include: | |
385 | + | HOURS OF TRAUMA ON –CALL EACH YE AR IF THE COMMISSION REPORTS ON ITS 1 | |
386 | + | INTENTION TO CHANGE THE NUMBER OF ALLOWA BLE HOURS TO THE SENATE 2 | |
387 | + | FINANCE COMMITTEE AND THE HOUSE HEALTH AND GOVERNMENT OPERATIONS 3 | |
388 | + | COMMITTEE, IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT 4 | |
389 | + | ARTICLE, AT LEAST 60 DAYS BEFORE ANY ADJUSTMENT TO THE ALLOWABLE HOU RS; 5 | |
432 | 390 | ||
433 | - | 1. Grant applications and review and selection criteria for | |
434 | - | the award of grants; | |
391 | + | (VIII) THE COMMISSION MAY MODIFY THE PERCENTAGE PAID , 6 | |
392 | + | AND THE MAXIMUM NUMB ER OF HOURS ALLOWED , OF THE REASONABLE 7 | |
393 | + | COMPENSATION EQUIVAL ENT FOR ON–CALL CARE HOURS NOT MORE THAN ONCE 8 | |
394 | + | EACH YEAR; AND 9 | |
435 | 395 | ||
436 | - | | |
437 | - | ||
396 | + | [(vi)] (IX) The total reimbursement to emergency physicians from 10 | |
397 | + | the Fund may not exceed $300,000 annually. 11 | |
438 | 398 | ||
439 | - | 3. Any other procedure determined necessary by the | |
440 | - | Commission. | |
399 | + | (5) In order to receive reimbursement, a trauma physician OR TRAUMA 12 | |
400 | + | HEALTH CARE PRACTITI ONER in the case of costs of uncompensated care under 13 | |
401 | + | subsection (b)(2)(i) of this section, or a trauma center in the case of on–call costs under 14 | |
402 | + | subsection (b)(2)(iii) of this section, shall apply to the Fund on a form and in a manner 15 | |
403 | + | approved by the Commission and the Health Services Cost Review Commission. 16 | |
441 | 404 | ||
442 | - | (iv) Before awarding grants under this subsection in a fiscal year, the | |
443 | - | Commission shall report to the Senate Finance Committee and the House Health and | |
444 | - | Government Operations Committee, in accordance with § 2–1257 of the State Government | |
445 | - | Article, on the process that the Commission has developed for awarding grants in that fiscal | |
446 | - | year. | |
405 | + | (6) (i) The Commission and the Health Services Cost Review 17 | |
406 | + | Commission shall adopt regulations that specify the information that trauma physicians, 18 | |
407 | + | TRAUMA HEALTH CARE P RACTITIONERS , and trauma centers must submit to receive 19 | |
408 | + | money from the Fund. 20 | |
447 | 409 | ||
448 | - | (f) On or before November 1 of each year, the Commission and the Health | |
449 | - | Services Cost Review Commission shall report to the General Assembly, in accordance with | |
450 | - | § 2–1257 of the State Government Article, on: | |
410 | + | (ii) The information required shall include: 21 | |
451 | 411 | ||
452 | - | | |
453 | - | ||
412 | + | 1. The name and federal tax identification number of the 22 | |
413 | + | trauma physician rendering the service; 23 | |
454 | 414 | ||
455 | - | (2) The amount of money applied for by trauma physicians, TRAUMA | |
456 | - | HEALTH CARE PRACTITI ONERS, and trauma centers during the previous fiscal year; | |
415 | + | 2. The date of the service; 24 | |
457 | 416 | ||
458 | - | (3) The amount of money distributed in the form of trauma physician, | |
459 | - | TRAUMA HEALTH CARE P RACTITIONER, and trauma center reimbursements during the | |
460 | - | previous fiscal year; | |
417 | + | 3. Appropriate codes describing the service; 25 | |
461 | 418 | ||
462 | - | (4) Any recommendations for altering the manner in which trauma | |
463 | - | physicians, TRAUMA HEALTH CARE P RACTITIONERS , and trauma centers are | |
464 | - | reimbursed from the Fund; | |
419 | + | 4. Any amount recovered for the service rendered; 26 | |
465 | 420 | ||
466 | - | (5) The costs incurred in administering the Fund during the previous fiscal | |
467 | - | year; [and] | |
421 | + | 5. The name of the trauma patient; 27 | |
468 | 422 | ||
469 | - | (6) The amount that each hospital that participates in the Maryland | |
470 | - | trauma system and that has a trauma center contributes toward the subsidization of | |
471 | - | trauma–related costs for its trauma center; WES MOORE, Governor Ch. 719 | |
423 | + | 6. The patient’s trauma registry number; and 28 | |
472 | 424 | ||
473 | - | – 11 – | |
425 | + | 7. Any other information the Commission and the Health 29 | |
426 | + | Services Cost Review Commission consider necessary to disburse money from the Fund. 30 | |
474 | 427 | ||
475 | - | (7) THE AMOUNT THE HEALTH SERVICES COST REVIEW | |
476 | - | COMMISSION ALLOWED COSTS THAT HOSPITALS REPORTED TO THE HEALTH | |
477 | - | SERVICES COST REVIEW COMMISSION AND ARE AC COUNTED FOR IN THE G LOBAL | |
478 | - | BUDGETS OF THE HOSPI TALS FOR EACH OF THE FOLLOWING: | |
428 | + | (iii) It is the intent of the General Assembly that trauma physicians 31 | |
429 | + | and trauma centers shall cooperate with the Commission and the Health Services Cost 32 10 SENATE BILL 1092 | |
479 | 430 | ||
480 | - | (I) IN HOSPITAL RATES FOR TRAUMA TRAUMA STANDBY; | |
481 | 431 | ||
482 | - | ||
483 | - | ||
432 | + | Review Commission by providing information required under this paragraph in a timely 1 | |
433 | + | and complete manner. 2 | |
484 | 434 | ||
485 | - | (III) MAINTAINING MARYLAND INSTITUTE FOR EMERGENCY | |
486 | - | MEDICAL SERVICES SYSTEMS TRAUMA PROTOC OLS; | |
435 | + | (e) (1) Except as provided in paragraph (2) of this subsection and 3 | |
436 | + | notwithstanding any other provision of law, expenditures from the Fund for costs incurred 4 | |
437 | + | in any fiscal year may not exceed revenues of the Fund. 5 | |
487 | 438 | ||
488 | - | (IV) MAINTAINING SPECIALIZ ED TRAUMA STAFF ; | |
439 | + | (2) (i) The Commission, in consultation with the Health Services Cost 6 | |
440 | + | Review Commission and the Maryland Institute for Emergency Medical Services Systems, 7 | |
441 | + | shall develop a process for the award of grants to LEVEL I, Level II, and Level III trauma 8 | |
442 | + | centers [in the State to be used for equipment primarily used] in the delivery of trauma 9 | |
443 | + | care. 10 | |
489 | 444 | ||
490 | - | ( | |
491 | - | ||
445 | + | (ii) 1. The Commission shall issue grants under this paragraph 11 | |
446 | + | from any balance carried over to the Fund from prior fiscal years. 12 | |
492 | 447 | ||
493 | - | (IV) (VI) FOR PROVIDING PROVIDING TRAUMA EDUCATION | |
494 | - | AND TRAINING; AND | |
448 | + | 2. [The total amount of grants awarded under this 13 | |
449 | + | paragraph in a fiscal year may not exceed 10% of the balance remaining in the Fund at the 14 | |
450 | + | end of the fiscal year immediately prior to the fiscal year in which grants are awarded] 15 | |
451 | + | THE TOTAL AMOUNT OF G RANTS AWARDED UNDER THIS PARAGRAPH IN A FISCAL 16 | |
452 | + | YEAR MAY NOT REDUCE THE BALANCE REMAINING IN THE FUND AT THE END OF TH E 17 | |
453 | + | FISCAL YEAR TO LESS THAN 15% OF THE REVENUE COLLE CTED IN THAT FISCAL 18 | |
454 | + | YEAR. 19 | |
495 | 455 | ||
496 | - | ( | |
497 | - | ||
456 | + | (iii) The process developed by the Commission for the award of grants 20 | |
457 | + | under this paragraph shall include: 21 | |
498 | 458 | ||
499 | - | (G) THE COMMISSION SHALL AWAR D AN ANNUAL GRANT FR OM THE FUND | |
500 | - | IN THE AMOUNT UP TO $1,800,000 TO LEVEL I PEDIATRIC TRAUMA CEN TERS AS | |
501 | - | FOLLOWS: | |
459 | + | 1. Grant applications and review and selection criteria for 22 | |
460 | + | the award of grants; 23 | |
502 | 461 | ||
503 | - | (1) UP TO $900,000 TO JOHNS HOPKINS CHILDREN’S CENTER; AND | |
462 | + | 2. Review by the Commission, if necessary, for any project 24 | |
463 | + | that exceeds certificate of need thresholds; and 25 | |
504 | 464 | ||
505 | - | (2) UP TO $900,000 TO CHILDREN’S NATIONAL MEDICAL CENTER. | |
465 | + | 3. Any other procedure determined necessary by the 26 | |
466 | + | Commission. 27 | |
506 | 467 | ||
507 | - | Article – Public Safety | |
468 | + | (iv) Before awarding grants under this subsection in a fiscal year, the 28 | |
469 | + | Commission shall report to the Senate Finance Committee and the House Health and 29 | |
470 | + | Government Operations Committee, in accordance with § 2–1257 of the State Government 30 | |
471 | + | Article, on the process that the Commission has developed for awarding grants in that fiscal 31 | |
472 | + | year. 32 | |
508 | 473 | ||
509 | - | 8–102. | |
474 | + | (f) On or before November 1 of each year, the Commission and the Health 33 | |
475 | + | Services Cost Review Commission shall report to the General Assembly, in accordance with 34 | |
476 | + | § 2–1257 of the State Government Article, on: 35 | |
477 | + | SENATE BILL 1092 11 | |
510 | 478 | ||
511 | - | (a) There is a Senator William H. Amoss Fire, Rescue, and Ambulance Fund. | |
512 | 479 | ||
513 | - | ( | |
514 | - | ||
480 | + | (1) The amount of money in the Fund on the last day of the previous fiscal 1 | |
481 | + | year; 2 | |
515 | 482 | ||
516 | - | Article – Transportation | |
483 | + | (2) The amount of money applied for by trauma physicians, TRAUMA 3 | |
484 | + | HEALTH CARE PRACTITI ONERS, and trauma centers during the previous fiscal year; 4 | |
517 | 485 | ||
518 | - | 13–954. Ch. 719 2024 LAWS OF MARYLAND | |
486 | + | (3) The amount of money distributed in the form of trauma physician, 5 | |
487 | + | TRAUMA HEALTH CARE P RACTITIONER, and trauma center reimbursements during the 6 | |
488 | + | previous fiscal year; 7 | |
519 | 489 | ||
520 | - | – 12 – | |
490 | + | (4) Any recommendations for altering the manner in which trauma 8 | |
491 | + | physicians, TRAUMA HEALTH CARE PRA CTITIONERS, and trauma centers are 9 | |
492 | + | reimbursed from the Fund; 10 | |
521 | 493 | ||
522 | - | (a) In this section, “motor vehicle” means a: | |
494 | + | (5) The costs incurred in administering the Fund during the previous fiscal 11 | |
495 | + | year; [and] 12 | |
523 | 496 | ||
524 | - | (1) Class A (passenger) vehicle; | |
497 | + | (6) The amount that each hospital that participates in the Maryland 13 | |
498 | + | trauma system and that has a trauma center contributes toward the subsidization of 14 | |
499 | + | trauma–related costs for its trauma center; 15 | |
525 | 500 | ||
526 | - | (2) Class B (for hire) vehicle; | |
501 | + | (7) THE AMOUNT THE HEALTH SERVICES COST REVIEW 16 | |
502 | + | COMMISSION ALLOWED COSTS THAT HOSPITALS REPORTED TO THE HEALTH 17 | |
503 | + | SERVICES COST REVIEW COMMISSION AND ARE AC COUNTED FOR IN THE G LOBAL 18 | |
504 | + | BUDGETS OF THE HOSPI TALS FOR EACH OF THE FOLLOWING: 19 | |
527 | 505 | ||
528 | - | ( | |
506 | + | (I) IN HOSPITAL RATES FOR TRAUMA TRAUMA STANDBY; 20 | |
529 | 507 | ||
530 | - | (4) Class D (motorcycle) vehicle; | |
508 | + | (II) FOR MAINTAINING ALLOWABLE TRAUMA CENT ER COSTS 21 | |
509 | + | FOR REIMBURSING THE TRAUMA DIRECTOR AND TRAUMA STAFF; 22 | |
531 | 510 | ||
532 | - | (5) Class E (truck) vehicle; | |
511 | + | (III) MAINTAINING MARYLAND INSTITUTE FOR EMERGENCY 23 | |
512 | + | MEDICAL SERVICES SYSTEMS TRAUMA PROTOC OLS; 24 | |
533 | 513 | ||
534 | - | ( | |
514 | + | (IV) MAINTAINING SPECIALIZ ED TRAUMA STAFF ; 25 | |
535 | 515 | ||
536 | - | (7) Class H (school) vehicle; | |
516 | + | (III) (V) FOR PROCURING PROCURING SPECIALIZED TRAUMA 26 | |
517 | + | EQUIPMENT; AND 27 | |
537 | 518 | ||
538 | - | (8) Class J (vanpool) vehicle; | |
519 | + | (IV) (VI) FOR PROVIDING PROVIDING TRAUMA EDUCATION 28 | |
520 | + | AND TRAINING; AND 29 | |
539 | 521 | ||
540 | - | (9) Class M (multipurpose) vehicle; | |
522 | + | (8) ANY IMPROVEMENTS MADE BY TRAUMA CENTERS AS A RESULT OF 30 | |
523 | + | AN INCREASE IN FUNDI NG. 31 | |
524 | + | 12 SENATE BILL 1092 | |
541 | 525 | ||
542 | - | (10) Class P (passenger bus) vehicle; | |
543 | 526 | ||
544 | - | (11) Class Q (limousine) vehicle; | |
527 | + | (G) THE COMMISSION SHALL AWAR D AN ANNUAL GRANT FR OM THE FUND 1 | |
528 | + | IN THE AMOUNT UP TO $1,800,000 TO LEVEL I PEDIATRIC TRAUMA CENTERS AS 2 | |
529 | + | FOLLOWS: 3 | |
545 | 530 | ||
546 | - | ( | |
531 | + | (1) UP TO $900,000 TO JOHNS HOPKINS CHILDREN’S CENTER; AND 4 | |
547 | 532 | ||
548 | - | ( | |
533 | + | (2) UP TO $900,000 TO CHILDREN’S NATIONAL MEDICAL CENTER. 5 | |
549 | 534 | ||
550 | - | (b) (1) In addition to the registration fee otherwise required by this title, the | |
551 | - | owner of any motor vehicle registered under this title shall pay a surcharge of [$17.00] | |
552 | - | $40.00 per year for each motor vehicle registered. | |
535 | + | Article – Public Safety 6 | |
553 | 536 | ||
554 | - | (2) (I) [$2.50] $7.50 $6.50 of the surcharge collected under paragraph | |
555 | - | (1) of this subsection shall be paid into the Maryland Trauma Physician Services Fund | |
556 | - | established under § 19–130 of the Health – General Article. | |
537 | + | 8–102. 7 | |
557 | 538 | ||
558 | - | (II) THE GOVERNOR ANNUALLY SHA LL ALLOCATE AT LEAST | |
559 | - | $9.00 OF THE SURCHARGE COLLECTED UNDER PARAGRAPH (1) OF THIS | |
560 | - | SUBSECTION TO THE R ADAMS COWLEY SHOCK TRAUMA CENTER. | |
539 | + | (a) There is a Senator William H. Amoss Fire, Rescue, and Ambulance Fund. 8 | |
561 | 540 | ||
562 | - | (III) THE BALANCE OF THE SU RCHARGE COLLECTED UN DER | |
563 | - | PARAGRAPH (1) OF THIS SUBSECTION S HALL BE PAID TO THE MARYLAND | |
564 | - | EMERGENCY MEDICAL SYSTEM OPERATIONS FUND ESTABLISHED UNDE R § 13–955 | |
565 | - | OF THIS SUBTITLE. WES MOORE, Governor Ch. 719 | |
541 | + | (G) BEGINNING IN FISCAL Y EAR 2026, THE GOVERNOR SHALL INCLUD E AN 9 | |
542 | + | ANNUAL APPROPRIATION TO THE FUND OF AT LEAST $16,500,000. 10 | |
566 | 543 | ||
567 | - | ||
544 | + | Article – Transportation 11 | |
568 | 545 | ||
569 | - | 13– | |
546 | + | 13–954. 12 | |
570 | 547 | ||
571 | - | (a) In this section, “Fund” means the Maryland Emergency Medical System | |
572 | - | Operations Fund. | |
548 | + | (a) In this section, “motor vehicle” means a: 13 | |
573 | 549 | ||
574 | - | ||
550 | + | (1) Class A (passenger) vehicle; 14 | |
575 | 551 | ||
576 | - | (2) The Comptroller shall administer the Fund, including accounting for | |
577 | - | all transactions and performing year–end reconciliation. | |
552 | + | (2) Class B (for hire) vehicle; 15 | |
578 | 553 | ||
579 | - | (3) The Fund is a continuing, nonlapsing fund which is not subject to § | |
580 | - | 7–302 of the State Finance and Procurement Article. | |
554 | + | (3) Class C (funeral and ambulance) vehicle; 16 | |
581 | 555 | ||
582 | - | (4) Interest and earnings on the Fund shall be separately accounted for and | |
583 | - | credited to the Fund, and are not subject to § 6–226(a) of the State Finance and | |
584 | - | Procurement Article. | |
556 | + | (4) Class D (motorcycle) vehicle; 17 | |
585 | 557 | ||
586 | - | ( | |
558 | + | (5) Class E (truck) vehicle; 18 | |
587 | 559 | ||
588 | - | ( | |
560 | + | (6) Class F (tractor) vehicle; 19 | |
589 | 561 | ||
590 | - | (2) All funds, including charges for accident scene transports and | |
591 | - | interhospital transfers of patients, generated by an entity specified in subsection (e) of this | |
592 | - | section that is a unit of State government; and | |
562 | + | (7) Class H (school) vehicle; 20 | |
593 | 563 | ||
594 | - | (3) Revenues distributed to the Fund from the surcharges collected under | |
595 | - | § 7–301(f) of the Courts Article. | |
564 | + | (8) Class J (vanpool) vehicle; 21 | |
596 | 565 | ||
597 | - | (d) Expenditures from the Fund shall be made pursuant to an appropriation | |
598 | - | approved by the General Assembly in the annual State budget or by the budget amendment | |
599 | - | procedure provided under § 7–209 of the State Finance and Procurement Article, provided | |
600 | - | that any budget amendment shall be submitted to and approved by the Legislative Policy | |
601 | - | Committee prior to the expenditure or obligation of funds. | |
566 | + | (9) Class M (multipurpose) vehicle; 22 | |
602 | 567 | ||
603 | - | ( | |
568 | + | (10) Class P (passenger bus) vehicle; 23 | |
604 | 569 | ||
605 | - | (1) Medically oriented functions of the Department of State Police, Special | |
606 | - | Operations Bureau, Aviation Division; | |
570 | + | (11) Class Q (limousine) vehicle; 24 | |
607 | 571 | ||
608 | - | ( | |
572 | + | (12) Class R (low speed) vehicle; or 25 SENATE BILL 1092 13 | |
609 | 573 | ||
610 | - | (3) The R Adams Cowley Shock Trauma Center at the University of | |
611 | - | Maryland Medical System; | |
612 | 574 | ||
613 | - | (4) The Maryland Fire and Rescue Institute; Ch. 719 2024 LAWS OF MARYLAND | |
614 | 575 | ||
615 | - | ||
576 | + | (13) Vehicle within any other class designated by the Administrator. 1 | |
616 | 577 | ||
617 | - | ( | |
618 | - | ||
619 | - | ||
578 | + | (b) (1) In addition to the registration fee otherwise required by this title, the 2 | |
579 | + | owner of any motor vehicle registered under this title shall pay a surcharge of [$17.00] 3 | |
580 | + | $40.00 per year for each motor vehicle registered. 4 | |
620 | 581 | ||
621 | - | (6) The Volunteer Company Assistance Fund in accordance with the | |
622 | - | provisions of Title 8, Subtitle 2 of the Public Safety Article. | |
582 | + | (2) (I) [$2.50] $7.50 $6.50 of the surcharge collected under paragraph 5 | |
583 | + | (1) of this subsection shall be paid into the Maryland Trauma Physician Services Fund 6 | |
584 | + | established under § 19–130 of the Health – General Article. 7 | |
623 | 585 | ||
624 | - | 21–902. | |
586 | + | (II) THE GOVERNOR ANNUALLY SHA LL ALLOCATE AT LEAST 8 | |
587 | + | $9.00 OF THE SURCHARGE COL LECTED UNDER PARAGRA PH (1) OF THIS 9 | |
588 | + | SUBSECTION TO THE R ADAMS COWLEY SHOCK TRAUMA CENTER. 10 | |
625 | 589 | ||
626 | - | (a) (1) (i) A person may not drive or attempt to drive any vehicle while | |
627 | - | under the influence of alcohol. | |
590 | + | (III) THE BALANCE OF THE SU RCHARGE COLLECTED UN DER 11 | |
591 | + | PARAGRAPH (1) OF THIS SUBSECTION S HALL BE PAID TO THE MARYLAND 12 | |
592 | + | EMERGENCY MEDICAL SYSTEM OPERATIONS FUND ESTABLISHED UNDE R § 13–955 13 | |
593 | + | OF THIS SUBTITLE. 14 | |
628 | 594 | ||
629 | - | (ii) A person may not drive or attempt to drive any vehicle while the | |
630 | - | person is under the influence of alcohol per se. | |
595 | + | 13–955. 15 | |
631 | 596 | ||
632 | - | (iii) A person convicted of a violation of this paragraph is subject to: | |
597 | + | (a) In this section, “Fund” means the Maryland Emergency Medical System 16 | |
598 | + | Operations Fund. 17 | |
633 | 599 | ||
634 | - | 1. For a first offense, imprisonment not exceeding 1 year or | |
635 | - | a fine not exceeding [$1,000] $1,100 $1,200 or both; and | |
600 | + | (b) (1) There is a Maryland Emergency Medical System Operations Fund. 18 | |
636 | 601 | ||
637 | - | 2 | |
638 | - | ||
602 | + | (2) The Comptroller shall administer the Fund, including accounting for 19 | |
603 | + | all transactions and performing year–end reconciliation. 20 | |
639 | 604 | ||
640 | - | (iv) For the purpose of determining subsequent offender penalties for | |
641 | - | a violation of this paragraph, a prior conviction under subsection (b), (c), or (d) of this section | |
642 | - | or § 8–738 of the Natural Resources Article, within 5 years before the conviction for a | |
643 | - | violation of this paragraph, shall be considered a prior conviction. | |
605 | + | (3) The Fund is a continuing, nonlapsing fund which is not subject to § 21 | |
606 | + | 7–302 of the State Finance and Procurement Article. 22 | |
644 | 607 | ||
645 | - | (2) (i) A person may not violate paragraph (1) of this subsection while | |
646 | - | transporting a minor. | |
608 | + | (4) Interest and earnings on the Fund shall be separately accounted for and 23 | |
609 | + | credited to the Fund, and are not subject to § 6–226(a) of the State Finance and 24 | |
610 | + | Procurement Article. 25 | |
647 | 611 | ||
648 | - | ( | |
612 | + | (c) The Fund consists of: 26 | |
649 | 613 | ||
650 | - | 1. For a first offense, imprisonment not exceeding 2 years or | |
651 | - | a fine not exceeding $2,000 or both; and | |
614 | + | (1) Registration surcharges collected under § 13–954 of this subtitle; 27 | |
652 | 615 | ||
653 | - | 2. For a second offense, imprisonment not exceeding 3 years | |
654 | - | or a fine not exceeding $3,000 or both. | |
616 | + | (2) All funds, including charges for accident scene transports and 28 | |
617 | + | interhospital transfers of patients, generated by an entity specified in subsection (e) of this 29 | |
618 | + | section that is a unit of State government; and 30 | |
619 | + | 14 SENATE BILL 1092 | |
655 | 620 | ||
656 | - | (iii) For the purpose of determining subsequent offender penalties for | |
657 | - | a violation of this paragraph, a prior conviction under this paragraph or subsection (b)(2), | |
658 | - | (c)(2), or (d)(2) of this section shall be considered a prior conviction. | |
659 | 621 | ||
660 | - | ( | |
661 | - | ||
622 | + | (3) Revenues distributed to the Fund from the surcharges collected under 1 | |
623 | + | § 7–301(f) of the Courts Article. 2 | |
662 | 624 | ||
663 | - | – 15 – | |
625 | + | (d) Expenditures from the Fund shall be made pursuant to an appropriation 3 | |
626 | + | approved by the General Assembly in the annual State budget or by the budget amendment 4 | |
627 | + | procedure provided under § 7–209 of the State Finance and Procurement Article, provided 5 | |
628 | + | that any budget amendment shall be submitted to and approved by the Legislative Policy 6 | |
629 | + | Committee prior to the expenditure or obligation of funds. 7 | |
664 | 630 | ||
665 | - | ( | |
631 | + | (e) The money in the Fund shall be used solely for: 8 | |
666 | 632 | ||
667 | - | 1 | |
668 | - | ||
633 | + | (1) Medically oriented functions of the Department of State Police, Special 9 | |
634 | + | Operations Bureau, Aviation Division; 10 | |
669 | 635 | ||
670 | - | 2. For a second offense, imprisonment not exceeding 1 year | |
671 | - | or a fine not exceeding $500 or both. | |
636 | + | (2) The Maryland Institute for Emergency Medical Services Systems; 11 | |
672 | 637 | ||
673 | - | (iii) For the purpose of determining subsequent offender penalties for | |
674 | - | a violation of this paragraph, a prior conviction under this subsection or subsection (a), (c), | |
675 | - | or (d) of this section or § 8–738 of the Natural Resources Article shall be considered a prior | |
676 | - | conviction. | |
638 | + | (3) The R Adams Cowley Shock Trauma Center at the University of 12 | |
639 | + | Maryland Medical System; 13 | |
677 | 640 | ||
678 | - | (2) (i) A person may not violate paragraph (1) of this subsection while | |
679 | - | transporting a minor. | |
641 | + | (4) The Maryland Fire and Rescue Institute; 14 | |
680 | 642 | ||
681 | - | (ii) A person convicted of a violation of this paragraph is subject to: | |
643 | + | (5) The provision of grants under the Senator William H. Amoss Fire, 15 | |
644 | + | Rescue, and Ambulance Fund in accordance with the provisions of Title 8, Subtitle 1 of the 16 | |
645 | + | Public Safety Article; and 17 | |
682 | 646 | ||
683 | - | | |
684 | - | ||
647 | + | (6) The Volunteer Company Assistance Fund in accordance with the 18 | |
648 | + | provisions of Title 8, Subtitle 2 of the Public Safety Article. 19 | |
685 | 649 | ||
686 | - | 2. For a second offense, imprisonment not exceeding 2 years | |
687 | - | or a fine not exceeding [$2,000] $2,200 $2,400 or both. | |
650 | + | 21–902. 20 | |
688 | 651 | ||
689 | - | (iii) For the purpose of determining subsequent offender penalties for | |
690 | - | a violation of this paragraph, a prior conviction under this paragraph or subsection (a)(2), | |
691 | - | (c)(2), or (d)(2) of this section shall be considered a prior conviction. | |
652 | + | (a) (1) (i) A person may not drive or attempt to drive any vehicle while 21 | |
653 | + | under the influence of alcohol. 22 | |
692 | 654 | ||
693 | - | (c) (1) (i) A person may not drive or attempt to drive any vehicle while so | |
694 | - | far impaired by any drug, any combination of drugs, or a combination of one or more drugs | |
695 | - | and alcohol that the person cannot drive a vehicle safely. | |
655 | + | (ii) A person may not drive or attempt to drive any vehicle while the 23 | |
656 | + | person is under the influence of alcohol per se. 24 | |
696 | 657 | ||
697 | - | ( | |
658 | + | (iii) A person convicted of a violation of this paragraph is subject to: 25 | |
698 | 659 | ||
699 | - | 1. For a first offense, imprisonment not exceeding | |
700 | - | ||
660 | + | 1. For a first offense, imprisonment not exceeding 1 year or 26 | |
661 | + | a fine not exceeding [$1,000] $1,100 $1,200 or both; and 27 | |
701 | 662 | ||
702 | - | 2. For a second offense, imprisonment not exceeding | |
703 | - | or a fine not exceeding $ | |
663 | + | 2. For a second offense, imprisonment not exceeding 2 years 28 | |
664 | + | or a fine not exceeding [$2,000] $2,200 $2,400 or both. 29 | |
704 | 665 | ||
705 | - | (iii) For the purpose of determining subsequent offender penalties for | |
706 | - | a violation of this paragraph, a prior conviction under this subsection or subsection (a), (b), | |
707 | - | or (d) of this section or § 8–738 of the Natural Resources Article shall be considered a prior | |
708 | - | conviction. | |
709 | - | Ch. 719 2024 LAWS OF MARYLAND | |
666 | + | (iv) For the purpose of determining subsequent offender penalties for 30 | |
667 | + | a violation of this paragraph, a prior conviction under subsection (b), (c), or (d) of this section 31 SENATE BILL 1092 15 | |
710 | 668 | ||
711 | - | – 16 – | |
712 | - | (iv) It is not a defense to any charge of violating this subsection that | |
713 | - | the person charged is or was entitled under the laws of this State to use the drug, | |
714 | - | combination of drugs, or combination of one or more drugs and alcohol, unless the person | |
715 | - | was unaware that the drug or combination would make the person incapable of safely | |
716 | - | driving a vehicle. | |
717 | 669 | ||
718 | - | ||
719 | - | ||
670 | + | or § 8–738 of the Natural Resources Article, within 5 years before the conviction for a 1 | |
671 | + | violation of this paragraph, shall be considered a prior conviction. 2 | |
720 | 672 | ||
721 | - | (ii) A person convicted of a violation of this paragraph is subject to: | |
673 | + | (2) (i) A person may not violate paragraph (1) of this subsection while 3 | |
674 | + | transporting a minor. 4 | |
722 | 675 | ||
723 | - | 1. For a first offense, imprisonment not exceeding 1 year or | |
724 | - | a fine not exceeding [$1,000] $1,100 $1,200 or both; and | |
676 | + | (ii) A person convicted of a violation of this paragraph is subject to: 5 | |
725 | 677 | ||
726 | - | | |
727 | - | ||
678 | + | 1. For a first offense, imprisonment not exceeding 2 years or 6 | |
679 | + | a fine not exceeding $2,000 or both; and 7 | |
728 | 680 | ||
729 | - | (iii) For the purpose of determining subsequent offender penalties for | |
730 | - | a violation of this paragraph, a prior conviction under this paragraph or subsection (a)(2), | |
731 | - | (b)(2), or (d)(2) of this section shall be considered a prior conviction. | |
681 | + | 2. For a second offense, imprisonment not exceeding 3 years 8 | |
682 | + | or a fine not exceeding $3,000 or both. 9 | |
732 | 683 | ||
733 | - | (d) (1) (i) A person may not drive or attempt to drive any vehicle while the | |
734 | - | person is impaired by any controlled dangerous substance, as that term is defined in § | |
735 | - | 5–101 of the Criminal Law Article, if the person is not entitled to use the controlled | |
736 | - | dangerous substance under the laws of this State. | |
684 | + | (iii) For the purpose of determining subsequent offender penalties for 10 | |
685 | + | a violation of this paragraph, a prior conviction under this paragraph or subsection (b)(2), 11 | |
686 | + | (c)(2), or (d)(2) of this section shall be considered a prior conviction. 12 | |
737 | 687 | ||
738 | - | (ii) A person convicted of a violation of this paragraph is subject to: | |
688 | + | (b) (1) (i) A person may not drive or attempt to drive any vehicle while 13 | |
689 | + | impaired by alcohol. 14 | |
739 | 690 | ||
740 | - | 1. For a first offense, imprisonment not exceeding 1 year or | |
741 | - | a fine not exceeding [$1,000] $1,100 $1,200 or both; and | |
691 | + | (ii) A person convicted of a violation of this paragraph is subject to: 15 | |
742 | 692 | ||
743 | - | | |
744 | - | or a fine not exceeding | |
693 | + | 1. For a first offense, imprisonment not exceeding 2 months 16 | |
694 | + | or a fine not exceeding $500 or both; and 17 | |
745 | 695 | ||
746 | - | (iii) For the purpose of determining subsequent offender penalties for | |
747 | - | a violation of this paragraph, a prior conviction under subsection (a), (b), or (c) of this section | |
748 | - | or § 8–738 of the Natural Resources Article, within 5 years before the conviction for a | |
749 | - | violation of this paragraph, shall be considered a prior conviction. | |
696 | + | 2. For a second offense, imprisonment not exceeding 1 year 18 | |
697 | + | or a fine not exceeding $500 or both. 19 | |
750 | 698 | ||
751 | - | (2) (i) A person may not violate paragraph (1) of this subsection while | |
752 | - | transporting a minor. | |
699 | + | (iii) For the purpose of determining subsequent offender penalties for 20 | |
700 | + | a violation of this paragraph, a prior conviction under this subsection or subsection (a), (c), 21 | |
701 | + | or (d) of this section or § 8–738 of the Natural Resources Article shall be considered a prior 22 | |
702 | + | conviction. 23 | |
753 | 703 | ||
754 | - | (ii) A person convicted of a violation of this paragraph is subject to: | |
704 | + | (2) (i) A person may not violate paragraph (1) of this subsection while 24 | |
705 | + | transporting a minor. 25 | |
755 | 706 | ||
756 | - | 1. For a first offense, imprisonment not exceeding 2 years or | |
757 | - | a fine not exceeding $2,000 or both; and WES MOORE, Governor Ch. 719 | |
707 | + | (ii) A person convicted of a violation of this paragraph is subject to: 26 | |
758 | 708 | ||
759 | - | – 17 – | |
709 | + | 1. For a first offense, imprisonment not exceeding 1 year or 27 | |
710 | + | a fine not exceeding [$1,000] $1,100 $1,200 or both; and 28 | |
760 | 711 | ||
761 | - | 2. For a second offense, imprisonment not exceeding 3 years | |
762 | - | or a fine not exceeding $3,000 or both. | |
712 | + | 2. For a second offense, imprisonment not exceeding 2 years 29 | |
713 | + | or a fine not exceeding [$2,000] $2,200 $2,400 or both. 30 | |
714 | + | 16 SENATE BILL 1092 | |
763 | 715 | ||
764 | - | (iii) For the purpose of determining subsequent offender penalties for | |
765 | - | a violation of this paragraph, a prior conviction under this paragraph or subsection (a)(2), | |
766 | - | (b)(2), or (c)(2) of this section shall be considered a prior conviction. | |
767 | 716 | ||
768 | - | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July | |
769 | - | 1, 2024. | |
717 | + | (iii) For the purpose of determining subsequent offender penalties for 1 | |
718 | + | a violation of this paragraph, a prior conviction under this paragraph or subsection (a)(2), 2 | |
719 | + | (c)(2), or (d)(2) of this section shall be considered a prior conviction. 3 | |
770 | 720 | ||
771 | - | Approved by the Governor, May 16, 2024. | |
721 | + | (c) (1) (i) A person may not drive or attempt to drive any vehicle while so 4 | |
722 | + | far impaired by any drug, any combination of drugs, or a combination of one or more drugs 5 | |
723 | + | and alcohol that the person cannot drive a vehicle safely. 6 | |
724 | + | ||
725 | + | (ii) A person convicted of a violation of this paragraph is subject to: 7 | |
726 | + | ||
727 | + | 1. For a first offense, imprisonment not exceeding 2 months 8 | |
728 | + | or a fine not exceeding $500 or both; and 9 | |
729 | + | ||
730 | + | 2. For a second offense, imprisonment not exceeding 1 year 10 | |
731 | + | or a fine not exceeding $500 or both. 11 | |
732 | + | ||
733 | + | (iii) For the purpose of determining subsequent offender penalties for 12 | |
734 | + | a violation of this paragraph, a prior conviction under this subsection or subsection (a), (b), 13 | |
735 | + | or (d) of this section or § 8–738 of the Natural Resources Article shall be considered a prior 14 | |
736 | + | conviction. 15 | |
737 | + | ||
738 | + | (iv) It is not a defense to any charge of violating this subsection that 16 | |
739 | + | the person charged is or was entitled under the laws of this State to use the drug, 17 | |
740 | + | combination of drugs, or combination of one or more drugs and alcohol, unless the person 18 | |
741 | + | was unaware that the drug or combination would make the person incapable of safely 19 | |
742 | + | driving a vehicle. 20 | |
743 | + | ||
744 | + | (2) (i) A person may not violate paragraph (1) of this subsection while 21 | |
745 | + | transporting a minor. 22 | |
746 | + | ||
747 | + | (ii) A person convicted of a violation of this paragraph is subject to: 23 | |
748 | + | ||
749 | + | 1. For a first offense, imprisonment not exceeding 1 year or 24 | |
750 | + | a fine not exceeding [$1,000] $1,100 $1,200 or both; and 25 | |
751 | + | ||
752 | + | 2. For a second offense, imprisonment not exceeding 2 years 26 | |
753 | + | or a fine not exceeding [$2,000] $2,200 $2,400 or both. 27 | |
754 | + | ||
755 | + | (iii) For the purpose of determining subsequent offender penalties for 28 | |
756 | + | a violation of this paragraph, a prior conviction under this paragraph or subsection (a)(2), 29 | |
757 | + | (b)(2), or (d)(2) of this section shall be considered a prior conviction. 30 | |
758 | + | ||
759 | + | (d) (1) (i) A person may not drive or attempt to drive any vehicle while the 31 | |
760 | + | person is impaired by any controlled dangerous substance, as that term is defined in § 32 | |
761 | + | 5–101 of the Criminal Law Article, if the person is not entitled to use the controlled 33 | |
762 | + | dangerous substance under the laws of this State. 34 | |
763 | + | SENATE BILL 1092 17 | |
764 | + | ||
765 | + | ||
766 | + | (ii) A person convicted of a violation of this paragraph is subject to: 1 | |
767 | + | ||
768 | + | 1. For a first offense, imprisonment not exceeding 1 year or 2 | |
769 | + | a fine not exceeding [$1,000] $1,100 $1,200 or both; and 3 | |
770 | + | ||
771 | + | 2. For a second offense, imprisonment not exceeding 2 years 4 | |
772 | + | or a fine not exceeding [$2,000] $2,200 $2,400 or both. 5 | |
773 | + | ||
774 | + | (iii) For the purpose of determining subsequent offender penalties for 6 | |
775 | + | a violation of this paragraph, a prior conviction under subsection (a), (b), or (c) of this section 7 | |
776 | + | or § 8–738 of the Natural Resources Article, within 5 years before the conviction for a 8 | |
777 | + | violation of this paragraph, shall be considered a prior conviction. 9 | |
778 | + | ||
779 | + | (2) (i) A person may not violate paragraph (1) of this subsection while 10 | |
780 | + | transporting a minor. 11 | |
781 | + | ||
782 | + | (ii) A person convicted of a violation of this paragraph is subject to: 12 | |
783 | + | ||
784 | + | 1. For a first offense, imprisonment not exceeding 2 years or 13 | |
785 | + | a fine not exceeding $2,000 or both; and 14 | |
786 | + | ||
787 | + | 2. For a second offense, imprisonment not exceeding 3 years 15 | |
788 | + | or a fine not exceeding $3,000 or both. 16 | |
789 | + | ||
790 | + | (iii) For the purpose of determining subsequent offender penalties for 17 | |
791 | + | a violation of this paragraph, a prior conviction under this paragraph or subsection (a)(2), 18 | |
792 | + | (b)(2), or (c)(2) of this section shall be considered a prior conviction. 19 | |
793 | + | ||
794 | + | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 20 | |
795 | + | 1, 2024. 21 | |
796 | + | ||
797 | + | ||
798 | + | ||
799 | + | Approved: | |
800 | + | ________________________________________________________________________________ | |
801 | + | Governor. | |
802 | + | ________________________________________________________________________________ | |
803 | + | President of the Senate. | |
804 | + | ________________________________________________________________________________ | |
805 | + | Speaker of the House of Delegates. |