EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*sb0212*
SENATE BILL 212
J1 4lr0153
(PRE–FILED) CF HB 1048
By: Chair, Finance Committee (By Request – Departmental – Health)
Requested: September 13, 2023
Introduced and read first time: January 10, 2024
Assigned to: Finance
Committee Report: Favorable with amendments
Senate action: Adopted
Read second time: February 11, 2024
CHAPTER ______
AN ACT concerning 1
Behavioral Health Advisory Council and Commission on Behavioral Health 2
Care Treatment and Access – Alterations 3
FOR the purpose of altering the membership and terms of members of the Behavioral 4
Health Advisory Council; requiring the Commission on Behavioral Health Care 5
Treatment and Access to meet jointly with the Council; requiring the Commission, 6
in coordination with the Council, to make recommendations regarding the 7
continuation of the State’s behavioral health carve–out and the financing structure 8
and quality oversight necessary to integrate somatic and behavioral health services 9
and ensure compliance with the Mental Health Parity and Addiction Equity Act in 10
the Maryland Medical Assistance Program; and generally relating to the Behavioral 11
Health Advisory Council and the Commission on Behavioral Health Care Treatment 12
and Access. 13
BY repealing and reenacting, without amendments, 14
Article – Health – General 15
Section 7.5–301 and 13–4801(a) and (c) 16
Annotated Code of Maryland 17
(2023 Replacement Volume) 18
BY repealing and reenacting, with amendments, 19
Article – Health – General 20
Section 7.5–303, 7.5–305, 13–4802, 13–4803(f), 13–4805, 13–4806, and 13–4807 21
Annotated Code of Maryland 22 2 SENATE BILL 212
(2023 Replacement Volume) 1
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 2
That the Laws of Maryland read as follows: 3
Article – Health – General 4
7.5–301. 5
In this subtitle, “Council” means the Behavioral Health Advisory Council. 6
7.5–303. 7
(a) (1) The Council consists of the following members: 8
(i) One member of the Senate of Maryland, appointed by the 9
President of the Senate; 10
(ii) One member of the House of Delegates, appointed by the Speaker 11
of the House; 12
(iii) Five representatives of the Department, including: 13
1. The Secretary, or the Secretary’s designee; 14
2. The Deputy Secretary for Behavioral Health, or the 15
Deputy Secretary’s designee; 16
3. The [Director of the Behavioral Health Administration, or 17
the Director’s designee] DEPUTY SECRETARY FOR DEVELOPMENTAL DISABILITIES, 18
OR THE DEPUTY SECRETARY’S DESIGNEE; 19
4. The Executive Director of the Maryland Health Benefit 20
Exchange, or the Executive Director’s designee; and 21
5. The Deputy Secretary for Health Care Financing, or the 22
Deputy Secretary’s designee; 23
(iv) The Secretary of Aging, or the Secretary’s designee; 24
(v) The Secretary of Budget and Management, or the Secretary’s 25
designee; 26
(vi) The Secretary of Disabilities, or the Secretary’s designee; 27
(vii) The Secretary of Housing and Community Development, or the 28
Secretary’s designee; 29 SENATE BILL 212 3
(viii) The Secretary of Human Services, or the Secretary’s designee; 1
(ix) The Secretary of Juvenile Services, or the Secretary’s designee; 2
(x) The Secretary of Public Safety and Correctional Services, or the 3
Secretary’s designee; 4
(xi) The [Deputy Director of the Division of Children and Youth of 5
the Governor’s Office of Crime Prevention, Youth, and Victim Services, or the Deputy 6
Director’s designee] SECRETARY OF LABOR, OR THE SECRETARY’S DESIGNEE; 7
(xii) The Executive Director of the Governor’s Office of Crime 8
Prevention, Youth, and Victim Services, or the Executive Director’s designee; 9
(xiii) The Executive Director of the Governor’s Office of the Deaf and 10
Hard of Hearing, or the Executive Director’s designee; 11
(xiv) The Public Defender of Maryland, or the Public Defender’s 12
designee; 13
(xv) Two representatives of the State Superintendent of Schools, or 14
the Superintendent’s designee, and the Assistant State Superintendent of the Division of 15
Rehabilitation Services, or the Assistant State Superintendent’s designee; 16
(xvi) Two representatives of the Maryland Judiciary, a District Court 17
judge, and a circuit court judge, appointed by the Chief Justice of the Supreme Court of 18
Maryland; 19
(xvii) The [President of the Maryland Association of Core Service 20
Agencies, or the President’s designee] EXECUTIVE DIRECTOR OF THE MARYLAND 21
ASSOCIATION OF BEHAVIORAL HEALTH AUTHORITIES, OR THE EXECUTIVE 22
DIRECTOR’S DESIGNEE; 23
(xviii) The President of the Maryland Association of County Health 24
Officers, or the President’s designee; 25
(xix) Four representatives from county behavioral health advisory 26
councils, one from each region of the State; 27
(xx) One representative, appointed by the Secretary of Health, from 28
each of the following organizations: 29
1. Community Behavioral Health Association; 30
4 SENATE BILL 212
2. [Drug Policy and Public Health Strategies Clinic, 1
University of Maryland Carey School of Law] MARYLAND CENTER OF EXCELLENCE ON 2
PROBLEM GAMBLING; 3
3. Maryland Addictions Director’s Council; 4
4. Maryland Association for the Treatment of Opioid 5
Dependence; 6
5. Maryland Black Mental Health Alliance; 7
6. Maryland Coalition of Families; 8
7. [Maryland Disability Law Center] DISABILITY RIGHTS 9
MARYLAND; 10
8. Maryland Recovery Organization Connecting 11
Communities; 12
9. Mental Health Association of Maryland; 13
10. National Alliance on Mental Illness of Maryland; 14
11. National Council on Alcoholism and Drug Dependence of 15
Maryland; 16
12. On Our Own of Maryland; and 17
13. Maryland Association of Boards of Education; and 18
(xxi) Two individuals representing the mental health and substance 19
use disorder treatment community, appointed by the Governor from each of the following: 20
1. Academic or research professionals who are not State 21
employees; 22
2. Medical professionals; 23
3. Individuals formerly or currently in receipt of behavioral 24
health services; 25
4. Family members of individuals with mental health or 26
substance use disorders; 27
5. A parent of a young child with behavioral health disorders; 28
SENATE BILL 212 5
6. A youth with a behavioral health disorder who is between 1
the ages of 16 and 25 years; and 2
7. Individuals active in behavioral health issues within their 3
community. 4
(2) Additional representatives or individuals designated by the Council 5
shall be appointed by the Secretary. 6
(b) Members appointed by the Governor under subsection (a)(1)(xxi) of this 7
section shall be representative, to the extent practicable, of: 8
(1) Geographic regions of the State; 9
(2) At–risk populations; 10
(3) Ethnic, gender, across–the–lifespan, and cultural diversity; and 11
(4) Balanced representation from areas of mental health and substance use 12
disorders. 13
(c) The Council shall appoint a chair from among the membership of the Council. 14
(d) (1) Members appointed by the Governor under subsection (a)(1)(xxi) of this 15
section: 16
(i) Serve a [3–year] 4–YEAR term; 17
(ii) May serve for a maximum of two consecutive terms; 18
(iii) After at least 6 years have passed since serving, may be 19
reappointed for terms that comply with items (i) and (ii) of this paragraph; 20
(iv) At the end of a term, continue to serve until a successor is 21
appointed and qualifies; and 22
(v) If appointed after a term has begun, serve only for the rest of the 23
term and until a successor is appointed and qualifies. 24
(2) Ex officio members serve as long as the member holds the specified 25
office or designation. 26
(3) Notwithstanding any other provisions of this subsection, all members 27
serve at the pleasure of the Governor. 28
(e) With the consent of the Council, the chair may designate additional 29
individuals with relevant expertise to serve on a committee or task force. 30 6 SENATE BILL 212
SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 1
as follows: 2
Article – Health – General 3
7.5–305. 4
The Council shall: 5
(1) Promote and advocate for: 6
(i) Planning, policy, workforce development, and services to ensure 7
a coordinated, quality system of care that is outcome–guided and that integrates 8
prevention, recovery, evidence–based practices, and cost–effective strategies that enhance 9
behavioral health services across the State; and 10
(ii) A culturally competent and comprehensive approach to publicly 11
funded prevention, early intervention, treatment and recovery services that support and 12
foster wellness, recovery, resiliency, and health for individuals who have behavioral health 13
disorders and their family members; and 14
(2) Submit, IN COORDINATION WITH THE COMMISSION ON 15
BEHAVIORAL HEALTH CARE TREATMENT AND ACCESS, an annual report to the 16
Governor and, in accordance with § 2–1257 of the State Government Article, the General 17
Assembly on or before December 31 of each year. 18
13–4801. 19
(a) In this subtitle the following words have the meanings indicated. 20
(c) “Commission” means the Commission on Behavioral Health Care Treatment 21
and Access. 22
13–4802. 23
There is a Commission on Behavioral Health Care Treatment and Access, WHICH 24
SHALL MEET JOINTLY W ITH THE BEHAVIORAL HEALTH ADVISORY COUNCIL. 25
13–4803. 26
(f) The Commission shall meet at least three times per year at the times and 27
places determined JOINTLY by the Commission AND THE BEHAVIORAL HEALTH 28
ADVISORY COUNCIL. 29
13–4805. 30 SENATE BILL 212 7
The Commission shall: 1
(1) Conduct an assessment of behavioral health services in the State to 2
identify needs and gaps in services across the continuum, including community–based 3
outpatient and support services, crisis response, and inpatient care; 4
(2) Examine the methods for reimbursing behavioral health care services 5
in the State and make recommendations on the most effective forms of reimbursement to 6
maximize service delivery; 7
(3) Compile findings of State–specific needs assessments related to 8
behavioral health care services; 9
(4) Review recommendations and reports of State c ommissions, 10
workgroups, or task forces related to behavioral health care services; 11
(5) Conduct a needs assessment on the State’s behavioral health care 12
workforce to identify gaps and make recommendations to ensure an adequate, culturally 13
competent, and diverse workforce across the behavioral health care continuum; 14
(6) Review trends and best practices from other states regarding policy and 15
reimbursement strategies that support access to a comprehensive array of services and 16
ensure quality of care; 17
(7) Examine and make recommendations related to the behavioral health 18
of the geriatric and youth populations in the State; 19
(8) Examine and make recommendations to provide appropriate and 20
adequate behavioral health services to individuals with developmental disabilities and 21
complex behavioral health needs, specifically youth; 22
(9) Assess the health infrastructure, facilities, personnel, and services 23
available for the State’s forensic population and identify deficiencies in resources and 24
policies needed to prioritize health outcomes, increase public safety, and reduce recidivism; 25
(10) Make recommendations on expanding behavioral health treatment 26
access for the State’s court–ordered population; 27
(11) Make recommendations on action plans regarding the behavioral 28
health care system’s capacity to prepare for and respond to future challenges affecting the 29
entire State or particular regions or populations in the State, including pandemics and 30
extreme weather events; 31
(12) Make recommendations to ensure that behavioral health treatment is 32
provided in the appropriate setting, including methods to divert behavioral health patients 33
from emergency departments by using the Maryland Mental Health and Substance Use 34 8 SENATE BILL 212
Disorder Registry and Referral System established under § 7.5–802 of this article and 1
2–1–1; 2
(13) Examine and review the use of harm reduction strategies to facilitate 3
access to care; [and] 4
(14) Examine methods to assist consumers in accessing behavioral health 5
services; AND 6
(15) MAKE, IN COORD INATION WITH THE BEHAVIORAL HEALTH 7
ADVISORY COUNCIL, RECOMMENDATIONS REGA RDING THE CONTINUATION OF THE 8
STATE’S BEHAVIORAL HEALTH CARVE–OUT AND THE FINANCING STRUCT URE AND 9
QUALITY OVERSIGHT NE CESSARY TO INTEGRATE SOMATIC AND BEHAVIOR AL 10
HEALTH SERVICES AND ENSURE COMPLIANCE WIT H THE MENTAL HEALTH PARITY 11
AND ADDICTION EQUITY ACT IN THE MARYLAND MEDICAL ASSISTANCE PROGRAM. 12
13–4806. 13
(a) The Commission shall establish the following workgroups: 14
(1) Geriatric behavioral health; 15
(2) Youth behavioral health, individuals with developmental disabilities, 16
and individuals with complex behavioral health needs; 17
(3) Criminal justice–involved behavioral health; and 18
(4) Behavioral health workforce development, infrastructure, coordination, 19
and financing. 20
(b) The workgroups established under subsection (a) of this section shall meet at 21
least two times per year at the times and places determined by the workgroup. 22
(c) The workgroups established under subsection (a) of this section shall include 23
members of the Commission and may include individuals invited by the Commission OR 24
THE BEHAVIORAL HEALTH ADVISORY COUNCIL to serve on the workgroup. 25
(d) On or before [December] JULY 1 each year, beginning in [2023] 2024, the 26
workgroups established under subsection (a) of this section shall report and make 27
recommendations to the Commission AND THE BEHAVIORAL HEALTH ADVISORY 28
COUNCIL. 29
13–4807. 30
(a) (1) On or before January 1 each year, beginning in 2024, the Commission, 31
IN COORDINATION WITH THE BEHAVIORAL HEALTH ADVISORY COUNCIL, shall 32 SENATE BILL 212 9
report to the Governor and, in accordance with § 2–1257 of the State Government Article, 1
the General Assembly on the Commission’s findings and recommendations, including 2
funding and legislative recommendations, that are consistent with providing appropriate, 3
accessible, and comprehensive behavioral health services that are available on demand to 4
individuals in the State across the behavioral health continuum. 5
(2) Any legislative recommendations included in the report required under 6
paragraph (1) of this subsection that require funding shall include an estimate of the 7
funding required to implement the recommendation and information that supports the 8
funding estimate. 9
(b) The report required on or before January 1, 2024, shall include the findings of 10
the needs assessments required under § 13–4805 of this subtitle. 11
(C) THE REPORT REQUIRED O N ON OR BEFORE JANUARY 1, 2025, SHALL 12
INCLUDE JULY 1, 2025, THE COMMISSION, IN COORDINATION WITH THE 13
BEHAVIORAL HEALTH ADVISORY COUNCIL, SHALL REPORT TO THE GOVERNOR 14
AND, IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, THE 15
GENERAL ASSEMBLY ON THE COMMISSION’S FINDINGS AND RECOM MENDATIONS 16
REGARDING THE CONTINUATION OF THE STATE’S BEHAVIORAL HEALTH CARVE–OUT 17
AND THE FINANCING STRUCT URE AND QUALI TY OVERSIGHT NECESSA RY TO 18
INTEGRATE SOMATIC AN D BEHAVIORAL HEALTH CARE SERVICES IN THE MARYLAND 19
MEDICAL ASSISTANCE PROGRAM. 20
SECTION 3. AND BE IT FURTHER ENACTED, That it is the intent of the General 21
Assembly that the Maryland Department of Health shall: 22
(1) evaluate the Innovation in Behavioral Health Model announced by the 23
Centers for Medicare and Medicaid Services on January 18, 2024; and 24
(2) consider applying to the Centers for Medicare and Medicaid Services to 25
participate in the Innovation in Behavioral Health Model. 26
SECTION 3. 4. AND BE IT FURTHER ENACTED, That this Act shall take 27
effect July 1, 2024. Section 2 of this Act shall remain effective until the taking effect of the 28
termination provision specified in Section 8 of Chapters 290 and 291 of the Acts of the 29
General Assembly of 2023. If that termination provision takes effect, Section 2 of this Act, 30
with no further action required by the General Assembly, shall be abrogated and of no 31
further force and effect. Section 2 of this Act may not be interpreted to have any effect on 32
that termination provision. 33