EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LA W.
[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.
Italics indicate opposite chamber/conference committee amendments.
*sb0212*
SENATE BILL 212
J1 (4lr0153)
ENROLLED BILL
— Finance/Health and Government Operations —
Introduced by Chair, Finance Committee (By Request – Departmental – Health)
Read and Examined by Proofreaders:
_______________________________________________
Proofreader.
_______________________________________________
Proofreader.
Sealed with the Great Seal and presented to the Governor, for his approval this
_______ day of _______________ at ________________________ o’clock, ________M.
______________________________________________
President.
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; altering the membership of the Commission on Behavioral 5
Health Care Treatment and Access; requiring the Commission on Behavioral Health 6
Care Treatment and Access to meet jointly with the Council; requiring the 7
Commission, in coordination with the Council, to make recommendations regarding 8
the continuation of the State’s behavioral health carve–out and the financing 9
structure and quality oversight necessary to integrate somatic and behavioral health 10
services and ensure compliance with the Mental Health Parity and Addiction Equity 11
Act in the Maryland Medical Assistance Program; and generally relating to the 12
Behavioral Health Advisory Council and the Commission on Behavioral Health Care 13
Treatment and Access. 14
2 SENATE BILL 212
BY repealing and reenacting, without amendments, 1
Article – Health – General 2
Section 7.5–301 and 13–4801(a) and (c) 3
Annotated Code of Maryland 4
(2023 Replacement Volume) 5
BY repealing and reenacting, with amendments, 6
Article – Health – General 7
Section 7.5–303, 7.5–305, 13–4802, 13–4803(f) 13–4803(a) and (f), 13–4805, 13–4806, 8
and 13–4807 9
Annotated Code of Maryland 10
(2023 Replacement Volume) 11
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12
That the Laws of Maryland read as follows: 13
Article – Health – General 14
7.5–301. 15
In this subtitle, “Council” means the Behavioral Health Advisory Council. 16
7.5–303. 17
(a) (1) The Council consists of the following members: 18
(i) One member of the Senate of Maryland, appointed by the 19
President of the Senate; 20
(ii) One member of the House of Delegates, appointed by the Speaker 21
of the House; 22
(iii) Five representatives of the Department, including: 23
1. The Secretary, or the Secretary’s designee; 24
2. The Deputy Secretary for Behavioral Health, or the 25
Deputy Secretary’s designee; 26
3. The [Director of the Behavioral Health Administration, or 27
the Director’s designee] DEPUTY SECRETARY FOR DEVELOPMENTAL DISABILITIES, 28
OR THE DEPUTY SECRETARY’S DESIGNEE; 29
4. The Executive Director of the Maryland Health Benefit 30
Exchange, or the Executive Director’s designee; and 31
SENATE BILL 212 3
5. The Deputy Secretary for Health Care Financing, or the 1
Deputy Secretary’s designee; 2
(iv) The Secretary of Aging, or the Secretary’s designee; 3
(v) The Secretary of Budget and Management, or the Secretary’s 4
designee; 5
(vi) The Secretary of Disabilities, or the Secretary’s designee; 6
(vii) The Secretary of Housing and Community Development, or the 7
Secretary’s designee; 8
(viii) The Secretary of Human Services, or the Secretary’s designee; 9
(ix) The Secretary of Juvenile Services, or the Secretary’s designee; 10
(x) The Secretary of Public Safety and Correctional Services, or the 11
Secretary’s designee; 12
(xi) The [Deputy Director of the Division of Children and Youth of 13
the Governor’s Office of Crime Prevention, Youth, and Victim Services, or the Deputy 14
Director’s designee] SECRETARY OF LABOR, OR THE SECRETARY’S DESIGNEE; 15
(xii) The Executive Director of the Governor’s Office of Crime 16
Prevention, Youth, and Victim Services, or the Executive Director’s designee; 17
(xiii) The Executive Director of the Governor’s Office of the Deaf and 18
Hard of Hearing, or the Executive Director’s designee; 19
(xiv) The Public Defender of Maryland, or the Public Defender’s 20
designee; 21
(xv) Two representatives of the State Superintendent of Schools, or 22
the Superintendent’s designee, and the Assistant State Superintendent of the Division of 23
Rehabilitation Services, or the Assistant State Superintendent’s designee; 24
(xvi) Two representatives of the Maryland Judiciary, a District Court 25
judge, and a circuit court judge, appointed by the Chief Justice of the Supreme Court of 26
Maryland; 27
(xvii) The [President of the Maryland Association of Core Service 28
Agencies, or the President’s designee] EXECUTIVE DIRECTOR OF THE MARYLAND 29
ASSOCIATION OF BEHAVIORAL HEALTH AUTHORITIES, OR THE EXECUTIVE 30
DIRECTOR’S DESIGNEE; 31
4 SENATE BILL 212
(xviii) The President of the Maryland Association of County Health 1
Officers, or the President’s designee; 2
(xix) Four representatives from county behavioral health advisory 3
councils, one from each region of the State; 4
(xx) One representative, appointed by the Secretary of Health, from 5
each of the following organizations: 6
1. Community Behavioral Health Association; 7
2. [Drug Policy and Public Health Strategies Clinic, 8
University of Maryland Carey School of Law] MARYLAND CENTER OF EXCELLENCE ON 9
PROBLEM GAMBLING; 10
3. Maryland Addictions Director’s Council; 11
4. Maryland Association for the Treatment of Opioid 12
Dependence; 13
5. Maryland Black Mental Health Alliance; 14
6. Maryland Coalition of Families; 15
7. [Maryland Disability Law Center] DISABILITY RIGHTS 16
MARYLAND; 17
8. Maryland Recovery Organization Connecting 18
Communities; 19
9. Mental Health Association of Maryland; 20
10. National Alliance on Mental Illness of Maryland; 21
11. National Council on Alcoholism and Drug Dependence of 22
Maryland; 23
12. On Our Own of Maryland; and 24
13. Maryland Association of Boards of Education; and 25
(xxi) Two individuals representing the mental health and substance 26
use disorder treatment community, appointed by the Governor from each of the following: 27
1. Academic or research professionals who are not State 28
employees; 29 SENATE BILL 212 5
2. Medical professionals; 1
3. Individuals formerly or currently in receipt of behavioral 2
health services; 3
4. Family members of individuals with mental health or 4
substance use disorders; 5
5. A parent of a young child with behavioral health disorders; 6
6. A youth with a behavioral health disorder who is between 7
the ages of 16 and 25 years; and 8
7. Individuals active in behavioral health issues within their 9
community. 10
(2) Additional representatives or individuals designated by the Council 11
shall be appointed by the Secretary. 12
(b) Members appointed by the Governor under subsection (a)(1)(xxi) of this 13
section shall be representative, to the extent practicable, of: 14
(1) Geographic regions of the State; 15
(2) At–risk populations; 16
(3) Ethnic, gender, across–the–lifespan, and cultural diversity; and 17
(4) Balanced representation from areas of mental health and substance use 18
disorders. 19
(c) The Council shall appoint a chair from among the membership of the Council. 20
(d) (1) Members appointed by the Governor under subsection (a)(1)(xxi) of this 21
section: 22
(i) Serve a [3–year] 4–YEAR term; 23
(ii) May serve for a maximum of two consecutive terms; 24
(iii) After at least 6 years have passed since serving, may be 25
reappointed for terms that comply with items (i) and (ii) of this paragraph; 26
(iv) At the end of a term, continue to serve until a successor is 27
appointed and qualifies; and 28
6 SENATE BILL 212
(v) If appointed after a term has begun, serve only for the rest of the 1
term and until a successor is appointed and qualifies. 2
(2) Ex officio members serve as long as the member holds the specified 3
office or designation. 4
(3) Notwithstanding any other provisions of this subsection, all members 5
serve at the pleasure of the Governor. 6
(e) With the consent of the Council, the chair may designate additional 7
individuals with relevant expertise to serve on a committee or task force. 8
SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 9
as follows: 10
Article – Health – General 11
7.5–305. 12
The Council shall: 13
(1) Promote and advocate for: 14
(i) Planning, policy, workforce development, and services to ensure 15
a coordinated, quality system of care that is outcome–guided and that integrates 16
prevention, recovery, evidence–based practices, and cost–effective strategies that enhance 17
behavioral health services across the State; and 18
(ii) A culturally competent and comprehensive approach to publicly 19
funded prevention, early intervention, treatment and recovery services that support and 20
foster wellness, recovery, resiliency, and health for individuals who have behavioral health 21
disorders and their family members; and 22
(2) Submit, IN COORDINATI ON WITH THE COMMISSION ON 23
BEHAVIORAL HEALTH CARE TREATMENT AND ACCESS, an annual report to the 24
Governor and, in accordance with § 2–1257 of the State Government Article, the General 25
Assembly on or before December 31 of each year. 26
13–4801. 27
(a) In this subtitle the following words have the meanings indicated. 28
(c) “Commission” means the Commission on Behavioral Health Care Treatment 29
and Access. 30
13–4802. 31
SENATE BILL 212 7
There is a Commission on Behavioral Health Care Treatment and Access, WHICH 1
SHALL MEET JOINTLY WITH THE BEHAVIORAL HEALTH ADVISORY COUNCIL. 2
13–4803. 3
(a) The Commission consists of the following members: 4
(1) One member of the Senate of Maryland, appointed by the President of 5
the Senate; 6
(2) One member of the House of Delegates, appointed by the Speaker of the 7
House; 8
(3) One representative of Maryland’s Congressional Delegation; 9
(4) The Secretary of Health, or the Secretary’s designee; 10
(5) The Secretary of Human Services, or the Secretary’s designee; 11
(6) The Secretary of Juvenile Services, or the Secretary’s designee; 12
(7) The Deputy Secretary for Behavioral Health, or the Deputy Secretary’s 13
designee; 14
(8) The Maryland Insurance Commissioner, or the Commissioner’s 15
designee; 16
(9) The Executive Director of the Health Services Cost Review Commission, 17
or the Executive Director’s designee; 18
(10) The Executive Director of the Maryland Health Care Commission, or the 19
Executive Director’s designee; 20
(11) The Executive Director of the Maryland Community Health Resources 21
Commission, or the Executive Director’s designee; 22
(12) The Executive Director of the State–designated health information 23
exchange, or the Executive Director’s designee; 24
(13) The Executive Director of the Governor’s Office of Crime Prevention, 25
Youth, and Victim Services, or the Executive Director’s designee; 26
(14) The Secretary of the Maryland Department of Disabilities, or the 27
Secretary’s designee; 28
(15) The Secretary of the Department of Public Safety and Correctional 29
Services, or the Secretary’s designee; 30 8 SENATE BILL 212
(16) The Special Secretary of Opioid Response, or the Special Secretary’s 1
designee; [and] 2
(17) THE SECRETARY OF AGING, OR THE SECRETARY’S DESIGNEE; AND 3
[(17)] (18) The following members appointed by the Governor: 4
(i) One representative of the Mental Health Association of Maryland; 5
(ii) One representative of the National Alliance on Mental Illness; 6
(iii) One representative of the Community Behavioral Health 7
Association of Maryland; 8
(iv) One representative of a provider of residential behavioral health 9
services; 10
(v) One representative of an acute care hospital; 11
(vi) One representative of an inpatient psychiatric hospital; 12
(vii) One individual with experience as a consumer of behavioral 13
health services; 14
(viii) One family member of an individual with experience as a 15
consumer of behavioral health services; 16
(ix) One representative of a provider of substance use treatment 17
services; 18
(x) One representative of a school–based health center; 19
(xi) One individual with expertise in social determinants of health; 20
(xii) One individual with expertise in health economics; 21
(xiii) One representative of a health insurance carrier; 22
(xiv) One representative of a managed care organization; 23
(xv) One representative from the Office of the Public Defender; 24
(xvi) One representative of the Developmental Disability Coalition; 25
SENATE BILL 212 9
(xvii) One representative of the Maryland Chapter of the National 1
Council on Alcoholism and Drug Dependence; 2
(xviii) One representative of the Maryland Psychological Association; 3
(xix) One representative of Disability Rights Maryland; 4
(xx) One representative of a Federally Qualified Health Center; 5
(xxi) One representative of a local behavioral health authority; [and] 6
(xxii) One individual with an intellectual disability who uses 7
self–directed behavioral health services; AND 8
(XXIII) ONE REPRESENTATIVE OF THE MARYLAND STATE’S 9
ATTORNEYS’ ASSOCIATION. 10
(f) The Commission shall meet at least three times per year at the times and 11
places determined JOINTLY by the Commission AND THE BEHAVIORAL HEALTH 12
ADVISORY COUNCIL. 13
13–4805. 14
The Commission shall: 15
(1) Conduct an assessment of behavioral health services in the State to 16
identify needs and gaps in services across the continuum, including community–based 17
outpatient and support services, crisis response, and inpatient care; 18
(2) Examine the methods for reimbursing behavioral health care services 19
in the State and make recommendations on the most effective forms of reimbursement to 20
maximize service delivery; 21
(3) Compile findings of State–specific needs assessments related to 22
behavioral health care services; 23
(4) Review recommendations and reports of State commissions, 24
workgroups, or task forces related to behavioral health care services; 25
(5) Conduct a needs assessment on the State’s behavioral health care 26
workforce to identify gaps and make recommendations to ensure an adequate, culturally 27
competent, and diverse workforce across the behavioral health care continuum; 28
(6) Review trends and best practices from other states regarding policy and 29
reimbursement strategies that support access to a comprehensive array of services and 30
ensure quality of care; 31 10 SENATE BILL 212
(7) Examine and make recommendations related to the behavioral health 1
of the geriatric and youth populations in the State; 2
(8) Examine and make recommendations to provide appropriate and 3
adequate behavioral health services to individuals with developmental disabilities and 4
complex behavioral health needs, specifically youth; 5
(9) Assess the health infrastructure, facilities, personnel, and services 6
available for the State’s forensic population and identify deficiencies in resources and 7
policies needed to prioritize health outcomes, increase public safety, and reduce recidivism; 8
(10) Make recommendations on expanding behavioral health treatment 9
access for the State’s court–ordered population; 10
(11) Make recommendations on action plans regarding the behavioral 11
health care system’s capacity to prepare for and respond to future challenges affecting the 12
entire State or particular regions or populations in the State, including pandemics and 13
extreme weather events; 14
(12) Make recommendations to ensure that behavioral health treatment is 15
provided in the appropriate setting, including methods to divert behavioral health patients 16
from emergency departments by using the Maryland Mental Health and Substance Use 17
Disorder Registry and Referral System established under § 7.5–802 of this article and 18
2–1–1; 19
(13) Examine and review the use of harm reduction strategies to facilitate 20
access to care; [and] 21
(14) Examine methods to assist consumers in accessing behavioral health 22
services; AND 23
(15) MAKE, IN COORDINATION WITH THE BEHAVIORAL HEALTH 24
ADVISORY COUNCIL, RECOMMENDATIONS REGAR DING THE CONTINUATION OF THE 25
STATE’S BEHAVIORAL HEALTH CARVE–OUT AND THE FINANCING STRUCT URE AND 26
QUALITY OVERSIGHT NE CESSARY TO INTEGRATE SOMATIC AND BEHAVIOR AL 27
HEALTH SERVICES AND ENSURE COMPLIANC E WITH THE MENTAL HEALTH PARITY 28
AND ADDICTION EQUITY ACT IN THE MARYLAND MEDICAL ASSISTANCE PROGRAM. 29
13–4806. 30
(a) The Commission shall establish the following workgroups: 31
(1) Geriatric behavioral health; 32
SENATE BILL 212 11
(2) Youth behavioral health, individuals with developmental disabilities, 1
and individuals with complex behavioral health needs; 2
(3) Criminal justice–involved behavioral health; and 3
(4) Behavioral health workforce development, infrastructure, coordination, 4
and financing. 5
(b) The workgroups established under subsection (a) of this section shall meet at 6
least two times per year at the times and places determined by the workgroup. 7
(c) The workgroups established under subsection (a) of this section shall include 8
members of the Commission and may include individuals invited by the Commission OR 9
THE BEHAVIORAL HEALTH ADVISORY COUNCIL to serve on the workgroup. 10
(d) On or before [December] JULY 1 each year, beginning in [2023] 2024, the 11
workgroups established under subsection (a) of this section shall report and make 12
recommendations to the Commission AND THE BEHAVIORAL HEALTH ADVISORY 13
COUNCIL. 14
13–4807. 15
(a) (1) On or before January 1 each year, beginning in 2024, the Commission, 16
IN COORDINATION WITH THE BEHAVIORAL HEALTH ADVISORY COUNCIL, shall 17
report to the Governor and, in accordance with § 2–1257 of the State Government Article, 18
the General Assembly on the Commission’s findings and recommendations, including 19
funding and legislative recommendations, that are consistent with providing appropriate, 20
accessible, and comprehensive behavioral health services that are available on demand to 21
individuals in the State across the behavioral health continuum. 22
(2) Any legislative recommendations included in the report required under 23
paragraph (1) of this subsection that require funding shall include an estimate of the 24
funding required to implement the recommendation and information that supports the 25
funding estimate. 26
(b) The report required on or before January 1, 2024, shall include the findings of 27
the needs assessments required under § 13–4805 of this subtitle. 28
(C) THE REPORT REQUIRED O N ON OR BEFORE JANUARY 1, 2025, SHALL 29
INCLUDE JULY 1, 2025, THE COMMISSION, IN COORDINATION WITH THE 30
BEHAVIORAL HEALTH ADVISORY COUNCIL, SHALL REPORT TO THE GOVERNOR 31
AND, IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, THE 32
GENERAL ASSEMBLY ON THE COMMISSION’S FINDINGS AND RECOM MENDATIONS 33
REGARDING THE CONTINUATION OF THE STATE’S BEHAVIORAL HEALTH CARVE–OUT 34
AND THE FINANCING STRUCT URE AND QUALITY OVER SIGHT NECESSARY TO 35 12 SENATE BILL 212
INTEGRATE SOMATIC AN D BEHAVIORAL HEALTH CAR E SERVICES IN THE MARYLAND 1
MEDICAL ASSISTANCE PROGRAM. 2
SECTION 3. AND BE IT FURTHER ENACTED, That it is the intent of the General 3
Assembly that the Maryland Department of Health shall: 4
(1) evaluate the Innovation in Behavioral Health Model announced by the 5
Centers for Medicare and Medicaid Services on January 18, 2024; and 6
(2) consider applying to the Centers for Medicare and Medicaid Services to 7
participate in the Innovation in Behavioral Health Model. 8
SECTION 3. 4. AND BE IT FURTHER ENACTED, That this Act shall take effect 9
July 1, 2024. Section 2 of this Act shall remain effective until the taking effect of the 10
termination provision specified in Section 8 of Chapters 290 and 291 of the Acts of the 11
General Assembly of 2023. If that termination provision takes effect, Section 2 of this Act, 12
with no further action required by the General Assembly, shall be abrogated and of no 13
further force and effect. Section 2 of this Act may not be interpreted to have any effect on 14
that termination provision. 15
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.