Maryland 2024 Regular Session

Maryland Senate Bill SB212 Compare Versions

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1- WES MOORE, Governor Ch. 42
21
3-– 1 –
4-Chapter 42
5-(Senate Bill 212)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LA W.
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+ *sb0212*
810
9-Behavioral Health Advisory Council and Commission on Behavioral Health
10-Care Treatment and Access – Alterations
11+SENATE BILL 212
12+J1 (4lr0153)
13+ENROLLED BILL
14+— Finance/Health and Government Operations —
15+Introduced by Chair, Finance Committee (By Request – Departmental – Health)
1116
12-FOR the purpose of altering the membership and terms of members of the Behavioral
13-Health Advisory Council; altering the membership of the Commission on Behavioral
14-Health Care Treatment and Access; requiring the Commission on Behavioral Health
15-Care Treatment and Access to meet jointly with the Council; requiring the
16-Commission, in coordination with the Council, to make recommendations regarding
17-the continuation of the State’s behavioral health carve–out and the financing
18-structure and quality oversight necessary to integrate somatic and behavioral health
19-services and ensure compliance with the Mental Health Parity and Addiction Equity
20-Act in the Maryland Medical Assistance Program; and generally relating to the
21-Behavioral Health Advisory Council and the Commission on Behavioral Health Care
22-Treatment and Access.
17+Read and Examined by Proofreaders:
2318
24-BY repealing and reenacting, without amendments,
25- Article – Health – General
26-Section 7.5–301 and 13–4801(a) and (c)
27- Annotated Code of Maryland
28- (2023 Replacement Volume)
19+_______________________________________________
20+Proofreader.
21+_______________________________________________
22+Proofreader.
2923
30-BY repealing and reenacting, with amendments,
31- Article – Health – General
32- Section 7.5–303, 7.5–305, 13–4802, 13–4803(f) 13–4803(a) and (f), 13–4805, 13–4806,
33- and 13–4807
34- Annotated Code of Maryland
35- (2023 Replacement Volume)
24+Sealed with the Great Seal and presented to the Governor, for his approval this
3625
37- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
38-That the Laws of Maryland read as follows:
26+_______ day of _______________ at ________________________ o’clock, ________M.
3927
40-Article – Health – General
28+______________________________________________
29+President.
4130
42-7.5–301.
31+CHAPTER ______
4332
44- In this subtitle, “Council” means the Behavioral Health Advisory Council.
33+AN ACT concerning 1
4534
46-7.5–303.
35+Behavioral Health Advisory Council and Commission on Behavioral Health 2
36+Care Treatment and Access – Alterations 3
4737
48- (a) (1) The Council consists of the following members:
49- Ch. 42 2024 LAWS OF MARYLAND
38+FOR the purpose of altering the membership and terms of members of the Behavioral 4
39+Health Advisory Council; altering the membership of the Commission on Behavioral 5
40+Health Care Treatment and Access; requiring the Commission on Behavioral Health 6
41+Care Treatment and Access to meet jointly with the Council; requiring the 7
42+Commission, in coordination with the Council, to make recommendations regarding 8
43+the continuation of the State’s behavioral health carve–out and the financing 9
44+structure and quality oversight necessary to integrate somatic and behavioral health 10
45+services and ensure compliance with the Mental Health Parity and Addiction Equity 11
46+Act in the Maryland Medical Assistance Program; and generally relating to the 12
47+Behavioral Health Advisory Council and the Commission on Behavioral Health Care 13
48+Treatment and Access. 14
49+ 2 SENATE BILL 212
5050
51-– 2 –
52- (i) One member of the Senate of Maryland, appointed by the
53-President of the Senate;
5451
55- (ii) One member of the House of Delegates, appointed by the Speaker
56-of the House;
52+BY repealing and reenacting, without amendments, 1
53+ Article – Health – General 2
54+Section 7.5–301 and 13–4801(a) and (c) 3
55+ Annotated Code of Maryland 4
56+ (2023 Replacement Volume) 5
5757
58- (iii) Five representatives of the Department, including:
58+BY repealing and reenacting, with amendments, 6
59+ Article – Health – General 7
60+ Section 7.5–303, 7.5–305, 13–4802, 13–4803(f) 13–4803(a) and (f), 13–4805, 13–4806, 8
61+ and 13–4807 9
62+ Annotated Code of Maryland 10
63+ (2023 Replacement Volume) 11
5964
60- 1. The Secretary, or the Secretary’s designee;
65+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12
66+That the Laws of Maryland read as follows: 13
6167
62- 2. The Deputy Secretary for Behavioral Health, or the
63-Deputy Secretary’s designee;
68+Article – Health – General 14
6469
65- 3. The [Director of the Behavioral Health Administration, or
66-the Director’s designee] DEPUTY SECRETARY FOR DEVELOPMENTAL DISABILITIES,
67-OR THE DEPUTY SECRETARY’S DESIGNEE;
70+7.5–301. 15
6871
69- 4. The Executive Director of the Maryland Health Benefit
70-Exchange, or the Executive Director’s designee; and
72+ In this subtitle, “Council” means the Behavioral Health Advisory Council. 16
7173
72- 5. The Deputy Secretary for Health Care Financing, or the
73-Deputy Secretary’s designee;
74+7.5–303. 17
7475
75- (iv) The Secretary of Aging, or the Secretary’s designee;
76+ (a) (1) The Council consists of the following members: 18
7677
77- (v) The Secretary of Budget and Management, or the Secretary’s
78-designee;
78+ (i) One member of the Senate of Maryland, appointed by the 19
79+President of the Senate; 20
7980
80- (vi) The Secretary of Disabilities, or the Secretary’s designee;
81+ (ii) One member of the House of Delegates, appointed by the Speaker 21
82+of the House; 22
8183
82- (vii) The Secretary of Housing and Community Development, or the
83-Secretary’s designee;
84+ (iii) Five representatives of the Department, including: 23
8485
85- (viii) The Secretary of Human Services, or the Secretary’s designee;
86+ 1. The Secretary, or the Secretary’s designee; 24
8687
87- (ix) The Secretary of Juvenile Services, or the Secretary’s designee;
88+ 2. The Deputy Secretary for Behavioral Health, or the 25
89+Deputy Secretary’s designee; 26
8890
89- (x) The Secretary of Public Safety and Correctional Services, or the
90-Secretary’s designee;
91+ 3. The [Director of the Behavioral Health Administration, or 27
92+the Director’s designee] DEPUTY SECRETARY FOR DEVELOPMENTAL DISABILITIES, 28
93+OR THE DEPUTY SECRETARY’S DESIGNEE; 29
9194
92- (xi) The [Deputy Director of the Division of Children and Youth of
93-the Governor’s Office of Crime Prevention, Youth, and Victim Services, or the Deputy
94-Director’s designee] SECRETARY OF LABOR, OR THE SECRETARY’S DESIGNEE;
95+ 4. The Executive Director of the Maryland Health Benefit 30
96+Exchange, or the Executive Director’s designee; and 31
97+ SENATE BILL 212 3
9598
96- (xii) The Executive Director of the Governor’s Office of Crime
97-Prevention, Youth, and Victim Services, or the Executive Director’s designee; WES MOORE, Governor Ch. 42
9899
99-– 3 –
100+ 5. The Deputy Secretary for Health Care Financing, or the 1
101+Deputy Secretary’s designee; 2
100102
101- (xiii) The Executive Director of the Governor’s Office of the Deaf and
102-Hard of Hearing, or the Executive Director’s designee;
103+ (iv) The Secretary of Aging, or the Secretary’s designee; 3
103104
104- (xiv) The Public Defender of Maryland, or the Public Defender’s
105-designee;
105+ (v) The Secretary of Budget and Management, or the Secretary’s 4
106+designee; 5
106107
107- (xv) Two representatives of the State Superintendent of Schools, or
108-the Superintendent’s designee, and the Assistant State Superintendent of the Division of
109-Rehabilitation Services, or the Assistant State Superintendent’s designee;
108+ (vi) The Secretary of Disabilities, or the Secretary’s designee; 6
110109
111- (xvi) Two representatives of the Maryland Judiciary, a District Court
112-judge, and a circuit court judge, appointed by the Chief Justice of the Supreme Court of
113-Maryland;
110+ (vii) The Secretary of Housing and Community Development, or the 7
111+Secretary’s designee; 8
114112
115- (xvii) The [President of the Maryland Association of Core Service
116-Agencies, or the President’s designee] EXECUTIVE DIRECTOR OF THE MARYLAND
117-ASSOCIATION OF BEHAVIORAL HEALTH AUTHORITIES, OR THE EXECUTIVE
118-DIRECTOR’S DESIGNEE;
113+ (viii) The Secretary of Human Services, or the Secretary’s designee; 9
119114
120- (xviii) The President of the Maryland Association of County Health
121-Officers, or the President’s designee;
115+ (ix) The Secretary of Juvenile Services, or the Secretary’s designee; 10
122116
123- (xix) Four representatives from county behavioral health advisory
124-councils, one from each region of the State;
117+ (x) The Secretary of Public Safety and Correctional Services, or the 11
118+Secretary’s designee; 12
125119
126- (xx) One representative, appointed by the Secretary of Health, from
127-each of the following organizations:
120+ (xi) The [Deputy Director of the Division of Children and Youth of 13
121+the Governor’s Office of Crime Prevention, Youth, and Victim Services, or the Deputy 14
122+Director’s designee] SECRETARY OF LABOR, OR THE SECRETARY’S DESIGNEE; 15
128123
129- 1. Community Behavioral Health Association;
124+ (xii) The Executive Director of the Governor’s Office of Crime 16
125+Prevention, Youth, and Victim Services, or the Executive Director’s designee; 17
130126
131- 2. [Drug Policy and Public Health Strategies Clinic,
132-University of Maryland Carey School of Law] MARYLAND CENTER OF EXCELLENCE ON
133-PROBLEM GAMBLING;
127+ (xiii) The Executive Director of the Governor’s Office of the Deaf and 18
128+Hard of Hearing, or the Executive Director’s designee; 19
134129
135- 3. Maryland Addictions Director’s Council;
130+ (xiv) The Public Defender of Maryland, or the Public Defender’s 20
131+designee; 21
136132
137- 4. Maryland Association for the Treatment of Opioid
138-Dependence;
133+ (xv) Two representatives of the State Superintendent of Schools, or 22
134+the Superintendent’s designee, and the Assistant State Superintendent of the Division of 23
135+Rehabilitation Services, or the Assistant State Superintendent’s designee; 24
139136
140- 5. Maryland Black Mental Health Alliance;
137+ (xvi) Two representatives of the Maryland Judiciary, a District Court 25
138+judge, and a circuit court judge, appointed by the Chief Justice of the Supreme Court of 26
139+Maryland; 27
141140
142- 6. Maryland Coalition of Families;
141+ (xvii) The [President of the Maryland Association of Core Service 28
142+Agencies, or the President’s designee] EXECUTIVE DIRECTOR OF THE MARYLAND 29
143+ASSOCIATION OF BEHAVIORAL HEALTH AUTHORITIES, OR THE EXECUTIVE 30
144+DIRECTOR’S DESIGNEE; 31
145+ 4 SENATE BILL 212
143146
144- 7. [Maryland Disability Law Center] DISABILITY RIGHTS
145-MARYLAND; Ch. 42 2024 LAWS OF MARYLAND
146147
147-– 4 –
148+ (xviii) The President of the Maryland Association of County Health 1
149+Officers, or the President’s designee; 2
148150
149- 8. Maryland Recovery Organization Connecting
150-Communities;
151+ (xix) Four representatives from county behavioral health advisory 3
152+councils, one from each region of the State; 4
151153
152- 9. Mental Health Association of Maryland;
154+ (xx) One representative, appointed by the Secretary of Health, from 5
155+each of the following organizations: 6
153156
154- 10. National Alliance on Mental Illness of Maryland;
157+ 1. Community Behavioral Health Association; 7
155158
156- 11. National Council on Alcoholism and Drug Dependence of
157-Maryland;
159+ 2. [Drug Policy and Public Health Strategies Clinic, 8
160+University of Maryland Carey School of Law] MARYLAND CENTER OF EXCELLENCE ON 9
161+PROBLEM GAMBLING; 10
158162
159- 12. On Our Own of Maryland; and
163+ 3. Maryland Addictions Director’s Council; 11
160164
161- 13. Maryland Association of Boards of Education; and
165+ 4. Maryland Association for the Treatment of Opioid 12
166+Dependence; 13
162167
163- (xxi) Two individuals representing the mental health and substance
164-use disorder treatment community, appointed by the Governor from each of the following:
168+ 5. Maryland Black Mental Health Alliance; 14
165169
166- 1. Academic or research professionals who are not State
167-employees;
170+ 6. Maryland Coalition of Families; 15
168171
169- 2. Medical professionals;
172+ 7. [Maryland Disability Law Center] DISABILITY RIGHTS 16
173+MARYLAND; 17
170174
171- 3. Individuals formerly or currently in receipt of behavioral
172-health services;
175+ 8. Maryland Recovery Organization Connecting 18
176+Communities; 19
173177
174- 4. Family members of individuals with mental health or
175-substance use disorders;
178+ 9. Mental Health Association of Maryland; 20
176179
177- 5. A parent of a young child with behavioral health disorders;
180+ 10. National Alliance on Mental Illness of Maryland; 21
178181
179- 6. A youth with a behavioral health disorder who is between
180-the ages of 16 and 25 years; and
182+ 11. National Council on Alcoholism and Drug Dependence of 22
183+Maryland; 23
181184
182- 7. Individuals active in behavioral health issues within their
183-community.
185+ 12. On Our Own of Maryland; and 24
184186
185- (2) Additional representatives or individuals designated by the Council
186-shall be appointed by the Secretary.
187+ 13. Maryland Association of Boards of Education; and 25
187188
188- (b) Members appointed by the Governor under subsection (a)(1)(xxi) of this
189-section shall be representative, to the extent practicable, of:
189+ (xxi) Two individuals representing the mental health and substance 26
190+use disorder treatment community, appointed by the Governor from each of the following: 27
190191
191- (1) Geographic regions of the State;
192+ 1. Academic or research professionals who are not State 28
193+employees; 29 SENATE BILL 212 5
192194
193- (2) At–risk populations; WES MOORE, Governor Ch. 42
194195
195-– 5 –
196196
197- (3) Ethnic, gender, across–the–lifespan, and cultural diversity; and
197+ 2. Medical professionals; 1
198198
199- (4) Balanced representation from areas of mental health and substance use
200-disorders.
199+ 3. Individuals formerly or currently in receipt of behavioral 2
200+health services; 3
201201
202- (c) The Council shall appoint a chair from among the membership of the Council.
202+ 4. Family members of individuals with mental health or 4
203+substance use disorders; 5
203204
204- (d) (1) Members appointed by the Governor under subsection (a)(1)(xxi) of this
205-section:
205+ 5. A parent of a young child with behavioral health disorders; 6
206206
207- (i) Serve a [3–year] 4–YEAR term;
207+ 6. A youth with a behavioral health disorder who is between 7
208+the ages of 16 and 25 years; and 8
208209
209- (ii) May serve for a maximum of two consecutive terms;
210+ 7. Individuals active in behavioral health issues within their 9
211+community. 10
210212
211- (iii) After at least 6 years have passed since serving, may be
212-reappointed for terms that comply with items (i) and (ii) of this paragraph;
213+ (2) Additional representatives or individuals designated by the Council 11
214+shall be appointed by the Secretary. 12
213215
214- (iv) At the end of a term, continue to serve until a successor is
215-appointed and qualifies; and
216+ (b) Members appointed by the Governor under subsection (a)(1)(xxi) of this 13
217+section shall be representative, to the extent practicable, of: 14
216218
217- (v) If appointed after a term has begun, serve only for the rest of the
218-term and until a successor is appointed and qualifies.
219+ (1) Geographic regions of the State; 15
219220
220- (2) Ex officio members serve as long as the member holds the specified
221-office or designation.
221+ (2) At–risk populations; 16
222222
223- (3) Notwithstanding any other provisions of this subsection, all members
224-serve at the pleasure of the Governor.
223+ (3) Ethnic, gender, across–the–lifespan, and cultural diversity; and 17
225224
226- (e) With the consent of the Council, the chair may designate additional
227-individuals with relevant expertise to serve on a committee or task force.
225+ (4) Balanced representation from areas of mental health and substance use 18
226+disorders. 19
228227
229- SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read
230-as follows:
228+ (c) The Council shall appoint a chair from among the membership of the Council. 20
231229
232-Article – Health – General
230+ (d) (1) Members appointed by the Governor under subsection (a)(1)(xxi) of this 21
231+section: 22
233232
234-7.5305.
233+ (i) Serve a [3year] 4–YEAR term; 23
235234
236- The Council shall:
235+ (ii) May serve for a maximum of two consecutive terms; 24
237236
238- (1) Promote and advocate for:
237+ (iii) After at least 6 years have passed since serving, may be 25
238+reappointed for terms that comply with items (i) and (ii) of this paragraph; 26
239239
240- (i) Planning, policy, workforce development, and services to ensure
241-a coordinated, quality system of care that is outcome–guided and that integrates Ch. 42 2024 LAWS OF MARYLAND
240+ (iv) At the end of a term, continue to serve until a successor is 27
241+appointed and qualifies; and 28
242+ 6 SENATE BILL 212
242243
243-– 6 –
244-prevention, recovery, evidence–based practices, and cost–effective strategies that enhance
245-behavioral health services across the State; and
246244
247- (ii) A culturally competent and comprehensive approach to publicly
248-funded prevention, early intervention, treatment and recovery services that support and
249-foster wellness, recovery, resiliency, and health for individuals who have behavioral health
250-disorders and their family members; and
245+ (v) If appointed after a term has begun, serve only for the rest of the 1
246+term and until a successor is appointed and qualifies. 2
251247
252- (2) Submit, IN COORDINATION WITH THE COMMISSION ON
253-BEHAVIORAL HEALTH CARE TREATMENT AND ACCESS, an annual report to the
254-Governor and, in accordance with § 2–1257 of the State Government Article, the General
255-Assembly on or before December 31 of each year.
248+ (2) Ex officio members serve as long as the member holds the specified 3
249+office or designation. 4
256250
257-13–4801.
251+ (3) Notwithstanding any other provisions of this subsection, all members 5
252+serve at the pleasure of the Governor. 6
258253
259- (a) In this subtitle the following words have the meanings indicated.
254+ (e) With the consent of the Council, the chair may designate additional 7
255+individuals with relevant expertise to serve on a committee or task force. 8
260256
261- (c) “Commission” means the Commission on Behavioral Health Care Treatment
262-and Access.
257+ SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 9
258+as follows: 10
263259
264-134802.
260+Article Health – General 11
265261
266- There is a Commission on Behavioral Health Care Treatment and Access, WHICH
267-SHALL MEET JOINTLY W ITH THE BEHAVIORAL HEALTH ADVISORY COUNCIL.
262+7.5–305. 12
268263
269-13–4803.
264+ The Council shall: 13
270265
271- (a) The Commission consists of the following members:
266+ (1) Promote and advocate for: 14
272267
273- (1) One member of the Senate of Maryland, appointed by the President of
274-the Senate;
268+ (i) Planning, policy, workforce development, and services to ensure 15
269+a coordinated, quality system of care that is outcome–guided and that integrates 16
270+prevention, recovery, evidence–based practices, and cost–effective strategies that enhance 17
271+behavioral health services across the State; and 18
275272
276- (2) One member of the House of Delegates, appointed by the Speaker of the
277-House;
273+ (ii) A culturally competent and comprehensive approach to publicly 19
274+funded prevention, early intervention, treatment and recovery services that support and 20
275+foster wellness, recovery, resiliency, and health for individuals who have behavioral health 21
276+disorders and their family members; and 22
278277
279- (3) One representative of Maryland’s Congressional Delegation;
278+ (2) Submit, IN COORDINATI ON WITH THE COMMISSION ON 23
279+BEHAVIORAL HEALTH CARE TREATMENT AND ACCESS, an annual report to the 24
280+Governor and, in accordance with § 2–1257 of the State Government Article, the General 25
281+Assembly on or before December 31 of each year. 26
280282
281- (4) The Secretary of Health, or the Secretary’s designee;
283+13–4801. 27
282284
283- (5) The Secretary of Human Services, or the Secretary’s designee;
285+ (a) In this subtitle the following words have the meanings indicated. 28
284286
285- (6) The Secretary of Juvenile Services, or the Secretary’s designee;
287+ (c) “Commission” means the Commission on Behavioral Health Care Treatment 29
288+and Access. 30
286289
287- (7) The Deputy Secretary for Behavioral Health, or the Deputy Secretary’s
288-designee;
289- WES MOORE, Governor Ch. 42
290+13–4802. 31
291+ SENATE BILL 212 7
290292
291-– 7 –
292- (8) The Maryland Insurance Commissioner, or the Commissioner’s
293-designee;
294293
295- (9) The Executive Director of the Health Services Cost Review Commission,
296-or the Executive Director’s designee;
294+ There is a Commission on Behavioral Health Care Treatment and Access, WHICH 1
295+SHALL MEET JOINTLY WITH THE BEHAVIORAL HEALTH ADVISORY COUNCIL. 2
297296
298- (10) The Executive Director of the Maryland Health Care Commission, or the
299-Executive Director’s designee;
297+13–4803. 3
300298
301- (11) The Executive Director of the Maryland Community Health Resources
302-Commission, or the Executive Director’s designee;
299+ (a) The Commission consists of the following members: 4
303300
304- (12) The Executive Director of the State–designated health information
305-exchange, or the Executive Director’s designee;
301+ (1) One member of the Senate of Maryland, appointed by the President of 5
302+the Senate; 6
306303
307- (13) The Executive Director of the Governor’s Office of Crime Prevention,
308-Youth, and Victim Services, or the Executive Director’s designee;
304+ (2) One member of the House of Delegates, appointed by the Speaker of the 7
305+House; 8
309306
310- (14) The Secretary of the Maryland Department of Disabilities, or the
311-Secretary’s designee;
307+ (3) One representative of Maryland’s Congressional Delegation; 9
312308
313- (15) The Secretary of the Department of Public Safety and Correctional
314-Services, or the Secretary’s designee;
309+ (4) The Secretary of Health, or the Secretary’s designee; 10
315310
316- (16) The Special Secretary of Opioid Response, or the Special Secretary’s
317-designee; [and]
311+ (5) The Secretary of Human Services, or the Secretary’s designee; 11
318312
319- (17) THE SECRETARY OF AGING, OR THE SECRETARY’S DESIGNEE; AND
313+ (6) The Secretary of Juvenile Services, or the Secretary’s designee; 12
320314
321- [(17)] (18) The following members appointed by the Governor:
315+ (7) The Deputy Secretary for Behavioral Health, or the Deputy Secretary’s 13
316+designee; 14
322317
323- (i) One representative of the Mental Health Association of Maryland;
318+ (8) The Maryland Insurance Commissioner, or the Commissioner’s 15
319+designee; 16
324320
325- (ii) One representative of the National Alliance on Mental Illness;
321+ (9) The Executive Director of the Health Services Cost Review Commission, 17
322+or the Executive Director’s designee; 18
326323
327- (iii) One representative of the Community Behavioral Health
328-Association of Maryland;
324+ (10) The Executive Director of the Maryland Health Care Commission, or the 19
325+Executive Director’s designee; 20
329326
330- (iv) One representative of a provider of residential behavioral health
331-services;
327+ (11) The Executive Director of the Maryland Community Health Resources 21
328+Commission, or the Executive Director’s designee; 22
332329
333- (v) One representative of an acute care hospital;
330+ (12) The Executive Director of the State–designated health information 23
331+exchange, or the Executive Director’s designee; 24
334332
335- (vi) One representative of an inpatient psychiatric hospital;
336- Ch. 42 2024 LAWS OF MARYLAND
333+ (13) The Executive Director of the Governor’s Office of Crime Prevention, 25
334+Youth, and Victim Services, or the Executive Director’s designee; 26
337335
338-– 8 –
339- (vii) One individual with experience as a consumer of behavioral
340-health services;
336+ (14) The Secretary of the Maryland Department of Disabilities, or the 27
337+Secretary’s designee; 28
341338
342- (viii) One family member of an individual with experience as a
343-consumer of behavioral health services;
339+ (15) The Secretary of the Department of Public Safety and Correctional 29
340+Services, or the Secretary’s designee; 30 8 SENATE BILL 212
344341
345- (ix) One representative of a provider of substance use treatment
346-services;
347342
348- (x) One representative of a school–based health center;
349343
350- (xi) One individual with expertise in social determinants of health;
344+ (16) The Special Secretary of Opioid Response, or the Special Secretary’s 1
345+designee; [and] 2
351346
352- (xii) One individual with expertise in health economics;
347+ (17) THE SECRETARY OF AGING, OR THE SECRETARY’S DESIGNEE; AND 3
353348
354- (xiii) One representative of a health insurance carrier;
349+ [(17)] (18) The following members appointed by the Governor: 4
355350
356- (xiv) One representative of a managed care organization;
351+ (i) One representative of the Mental Health Association of Maryland; 5
357352
358- (xv) One representative from the Office of the Public Defender;
353+ (ii) One representative of the National Alliance on Mental Illness; 6
359354
360- (xvi) One representative of the Developmental Disability Coalition;
355+ (iii) One representative of the Community Behavioral Health 7
356+Association of Maryland; 8
361357
362- (xvii) One representative of the Maryland Chapter of the National
363-Council on Alcoholism and Drug Dependence;
358+ (iv) One representative of a provider of residential behavioral health 9
359+services; 10
364360
365- (xviii) One representative of the Maryland Psychological Association;
361+ (v) One representative of an acute care hospital; 11
366362
367- (xix) One representative of Disability Rights Maryland;
363+ (vi) One representative of an inpatient psychiatric hospital; 12
368364
369- (xx) One representative of a Federally Qualified Health Center;
365+ (vii) One individual with experience as a consumer of behavioral 13
366+health services; 14
370367
371- (xxi) One representative of a local behavioral health authority; [and]
368+ (viii) One family member of an individual with experience as a 15
369+consumer of behavioral health services; 16
372370
373- (xxii) One individual with an intellectual disability who uses
374-self–directed behavioral health services; AND
371+ (ix) One representative of a provider of substance use treatment 17
372+services; 18
375373
376- (XXIII) ONE REPRESENTATIVE OF THE MARYLAND STATE’S
377-ATTORNEYS’ ASSOCIATION.
374+ (x) One representative of a school–based health center; 19
378375
379- (f) The Commission shall meet at least three times per year at the times and
380-places determined JOINTLY by the Commission AND THE BEHAVIORAL HEALTH
381-ADVISORY COUNCIL.
376+ (xi) One individual with expertise in social determinants of health; 20
382377
383-13–4805. WES MOORE, Governor Ch. 42
378+ (xii) One individual with expertise in health economics; 21
384379
385-– 9 –
380+ (xiii) One representative of a health insurance carrier; 22
386381
387- The Commission shall:
382+ (xiv) One representative of a managed care organization; 23
388383
389- (1) Conduct an assessment of behavioral health services in the State to
390-identify needs and gaps in services across the continuum, including community–based
391-outpatient and support services, crisis response, and inpatient care;
384+ (xv) One representative from the Office of the Public Defender; 24
392385
393- (2) Examine the methods for reimbursing behavioral health care services
394-in the State and make recommendations on the most effective forms of reimbursement to
395-maximize service delivery;
386+ (xvi) One representative of the Developmental Disability Coalition; 25
387+ SENATE BILL 212 9
396388
397- (3) Compile findings of State–specific needs assessments related to
398-behavioral health care services;
399389
400- (4) Review recommendations and reports of State commissions,
401-workgroups, or task forces related to behavioral health care services;
390+ (xvii) One representative of the Maryland Chapter of the National 1
391+Council on Alcoholism and Drug Dependence; 2
402392
403- (5) Conduct a needs assessment on the State’s behavioral health care
404-workforce to identify gaps and make recommendations to ensure an adequate, culturally
405-competent, and diverse workforce across the behavioral health care continuum;
393+ (xviii) One representative of the Maryland Psychological Association; 3
406394
407- (6) Review trends and best practices from other states regarding policy and
408-reimbursement strategies that support access to a comprehensive array of services and
409-ensure quality of care;
395+ (xix) One representative of Disability Rights Maryland; 4
410396
411- (7) Examine and make recommendations related to the behavioral health
412-of the geriatric and youth populations in the State;
397+ (xx) One representative of a Federally Qualified Health Center; 5
413398
414- (8) Examine and make recommendations to provide appropriate and
415-adequate behavioral health services to individuals with developmental disabilities and
416-complex behavioral health needs, specifically youth;
399+ (xxi) One representative of a local behavioral health authority; [and] 6
417400
418- (9) Assess the health infrastructure, facilities, personnel, and services
419-available for the State’s forensic population and identify deficiencies in resources and
420-policies needed to prioritize health outcomes, increase public safety, and reduce recidivism;
401+ (xxii) One individual with an intellectual disability who uses 7
402+self–directed behavioral health services; AND 8
421403
422- (10) Make recommendations on expanding behavioral health treatment
423-access for the State’s court–ordered population;
404+ (XXIII) ONE REPRESENTATIVE OF THE MARYLAND STATE’S 9
405+ATTORNEYS’ ASSOCIATION. 10
424406
425- (11) Make recommendations on action plans regarding the behavioral
426-health care system’s capacity to prepare for and respond to future challenges affecting the
427-entire State or particular regions or populations in the State, including pandemics and
428-extreme weather events;
407+ (f) The Commission shall meet at least three times per year at the times and 11
408+places determined JOINTLY by the Commission AND THE BEHAVIORAL HEALTH 12
409+ADVISORY COUNCIL. 13
429410
430- (12) Make recommendations to ensure that behavioral health treatment is
431-provided in the appropriate setting, including methods to divert behavioral health patients Ch. 42 2024 LAWS OF MARYLAND
411+13–4805. 14
432412
433-– 10 –
434-from emergency departments by using the Maryland Mental Health and Substance Use
435-Disorder Registry and Referral System established under § 7.5–802 of this article and
436-2–1–1;
413+ The Commission shall: 15
437414
438- (13) Examine and review the use of harm reduction strategies to facilitate
439-access to care; [and]
415+ (1) Conduct an assessment of behavioral health services in the State to 16
416+identify needs and gaps in services across the continuum, including community–based 17
417+outpatient and support services, crisis response, and inpatient care; 18
440418
441- (14) Examine methods to assist consumers in accessing behavioral health
442-services; AND
419+ (2) Examine the methods for reimbursing behavioral health care services 19
420+in the State and make recommendations on the most effective forms of reimbursement to 20
421+maximize service delivery; 21
443422
444- (15) MAKE, IN COORDINATION WITH THE BEHAVIORAL HEALTH
445-ADVISORY COUNCIL, RECOMMENDATIONS REGA RDING THE CONTINUATION OF THE
446-STATE’S BEHAVIORAL HEALTH CARVE–OUT AND THE FINANCING STRUCT URE AND
447-QUALITY OVERSIGHT NE CESSARY TO INTEGRATE SOMATIC AND BEHAVIOR AL
448-HEALTH SERVI CES AND ENSURE COMPLIANC E WITH THE MENTAL HEALTH PARITY
449-AND ADDICTION EQUITY ACT IN THE MARYLAND MEDICAL ASSISTANCE PROGRAM.
423+ (3) Compile findings of State–specific needs assessments related to 22
424+behavioral health care services; 23
450425
451-13–4806.
426+ (4) Review recommendations and reports of State commissions, 24
427+workgroups, or task forces related to behavioral health care services; 25
452428
453- (a) The Commission shall establish the following workgroups:
429+ (5) Conduct a needs assessment on the State’s behavioral health care 26
430+workforce to identify gaps and make recommendations to ensure an adequate, culturally 27
431+competent, and diverse workforce across the behavioral health care continuum; 28
454432
455- (1) Geriatric behavioral health;
433+ (6) Review trends and best practices from other states regarding policy and 29
434+reimbursement strategies that support access to a comprehensive array of services and 30
435+ensure quality of care; 31 10 SENATE BILL 212
456436
457- (2) Youth behavioral health, individuals with developmental disabilities,
458-and individuals with complex behavioral health needs;
459437
460- (3) Criminal justice–involved behavioral health; and
461438
462- (4) Behavioral health workforce development, infrastructure, coordination,
463-and financing.
439+ (7) Examine and make recommendations related to the behavioral health 1
440+of the geriatric and youth populations in the State; 2
464441
465- (b) The workgroups established under subsection (a) of this section shall meet at
466-least two times per year at the times and places determined by the workgroup.
442+ (8) Examine and make recommendations to provide appropriate and 3
443+adequate behavioral health services to individuals with developmental disabilities and 4
444+complex behavioral health needs, specifically youth; 5
467445
468- (c) The workgroups established under subsection (a) of this section shall include
469-members of the Commission and may include individuals invited by the Commission OR
470-THE BEHAVIORAL HEALTH ADVISORY COUNCIL to serve on the workgroup.
446+ (9) Assess the health infrastructure, facilities, personnel, and services 6
447+available for the State’s forensic population and identify deficiencies in resources and 7
448+policies needed to prioritize health outcomes, increase public safety, and reduce recidivism; 8
471449
472- (d) On or before [December] JULY 1 each year, beginning in [2023] 2024, the
473-workgroups established under subsection (a) of this section shall report and make
474-recommendations to the Commission AND THE BEHAVIORAL HEALTH ADVISORY
475-COUNCIL.
450+ (10) Make recommendations on expanding behavioral health treatment 9
451+access for the State’s court–ordered population; 10
476452
477-13–4807.
478- WES MOORE, Governor Ch. 42
453+ (11) Make recommendations on action plans regarding the behavioral 11
454+health care system’s capacity to prepare for and respond to future challenges affecting the 12
455+entire State or particular regions or populations in the State, including pandemics and 13
456+extreme weather events; 14
479457
480-– 11 –
481- (a) (1) On or before January 1 each year, beginning in 2024, the Commission,
482-IN COORDINATION WITH THE BEHAVIORAL HEALTH ADVISORY COUNCIL, shall
483-report to the Governor and, in accordance with § 2–1257 of the State Government Article,
484-the General Assembly on the Commission’s findings and recommendations, including
485-funding and legislative recommendations, that are consistent with providing appropriate,
486-accessible, and comprehensive behavioral health services that are available on demand to
487-individuals in the State across the behavioral health continuum.
458+ (12) Make recommendations to ensure that behavioral health treatment is 15
459+provided in the appropriate setting, including methods to divert behavioral health patients 16
460+from emergency departments by using the Maryland Mental Health and Substance Use 17
461+Disorder Registry and Referral System established under § 7.5–802 of this article and 18
462+2–1–1; 19
488463
489- (2) Any legislative recommendations included in the report required under
490-paragraph (1) of this subsection that require funding shall include an estimate of the
491-funding required to implement the recommendation and information that supports the
492-funding estimate.
464+ (13) Examine and review the use of harm reduction strategies to facilitate 20
465+access to care; [and] 21
493466
494- (b) The report required on or before January 1, 2024, shall include the findings of
495-the needs assessments required under § 13–4805 of this subtitle.
467+ (14) Examine methods to assist consumers in accessing behavioral health 22
468+services; AND 23
496469
497- (C) THE REPORT REQUIRED O N ON OR BEFORE JANUARY 1, 2025, SHALL
498-INCLUDE JULY 1, 2025, THE COMMISSION, IN COORDINATION WITH THE
499-BEHAVIORAL HEALTH ADVISORY COUNCIL, SHALL REPORT TO THE GOVERNOR
500-AND, IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, THE
501-GENERAL ASSEMBLY ON THE COMMISSION’S FINDINGS AND RECOM MENDATIONS
502-REGARDING THE CONTINUATION OF THE STATE’S BEHAVIORAL HEALTH CARVE–OUT
503-AND THE FINANCING ST RUCTURE AND QUALITY OVERSIGHT NECESSARY TO
504-INTEGRATE SOMATIC AN D BEHAVIORAL HEALTH CARE SERVICES IN THE MARYLAND
505-MEDICAL ASSISTANCE PROGRAM.
470+ (15) MAKE, IN COORDINATION WITH THE BEHAVIORAL HEALTH 24
471+ADVISORY COUNCIL, RECOMMENDATIONS REGAR DING THE CONTINUATION OF THE 25
472+STATE’S BEHAVIORAL HEALTH CARVE–OUT AND THE FINANCING STRUCT URE AND 26
473+QUALITY OVERSIGHT NE CESSARY TO INTEGRATE SOMATIC AND BEHAVIOR AL 27
474+HEALTH SERVICES AND ENSURE COMPLIANC E WITH THE MENTAL HEALTH PARITY 28
475+AND ADDICTION EQUITY ACT IN THE MARYLAND MEDICAL ASSISTANCE PROGRAM. 29
506476
507- SECTION 3. AND BE IT FURTHER ENACTED, That it is the intent of the General
508-Assembly that the Maryland Department of Health shall:
477+13–4806. 30
509478
510- (1) evaluate the Innovation in Behavioral Health Model announced by the
511-Centers for Medicare and Medicaid Services on January 18, 2024; and
479+ (a) The Commission shall establish the following workgroups: 31
512480
513- (2) consider applying to the Centers for Medicare and Medicaid Services to
514-participate in the Innovation in Behavioral Health Model.
481+ (1) Geriatric behavioral health; 32
482+ SENATE BILL 212 11
515483
516- SECTION 3. 4. AND BE IT FURTHER ENACTED, That this Act shall take effect
517-July 1, 2024. Section 2 of this Act shall remain effective until the taking effect of the
518-termination provision specified in Section 8 of Chapters 290 and 291 of the Acts of the
519-General Assembly of 2023. If that termination provision takes effect, Section 2 of this Act,
520-with no further action required by the General Assembly, shall be abrogated and of no
521-further force and effect. Section 2 of this Act may not be interpreted to have any effect on
522-that termination provision.
523484
524-Approved by the Governor, April 9, 2024.
485+ (2) Youth behavioral health, individuals with developmental disabilities, 1
486+and individuals with complex behavioral health needs; 2
487+
488+ (3) Criminal justice–involved behavioral health; and 3
489+
490+ (4) Behavioral health workforce development, infrastructure, coordination, 4
491+and financing. 5
492+
493+ (b) The workgroups established under subsection (a) of this section shall meet at 6
494+least two times per year at the times and places determined by the workgroup. 7
495+
496+ (c) The workgroups established under subsection (a) of this section shall include 8
497+members of the Commission and may include individuals invited by the Commission OR 9
498+THE BEHAVIORAL HEALTH ADVISORY COUNCIL to serve on the workgroup. 10
499+
500+ (d) On or before [December] JULY 1 each year, beginning in [2023] 2024, the 11
501+workgroups established under subsection (a) of this section shall report and make 12
502+recommendations to the Commission AND THE BEHAVIORAL HEALTH ADVISORY 13
503+COUNCIL. 14
504+
505+13–4807. 15
506+
507+ (a) (1) On or before January 1 each year, beginning in 2024, the Commission, 16
508+IN COORDINATION WITH THE BEHAVIORAL HEALTH ADVISORY COUNCIL, shall 17
509+report to the Governor and, in accordance with § 2–1257 of the State Government Article, 18
510+the General Assembly on the Commission’s findings and recommendations, including 19
511+funding and legislative recommendations, that are consistent with providing appropriate, 20
512+accessible, and comprehensive behavioral health services that are available on demand to 21
513+individuals in the State across the behavioral health continuum. 22
514+
515+ (2) Any legislative recommendations included in the report required under 23
516+paragraph (1) of this subsection that require funding shall include an estimate of the 24
517+funding required to implement the recommendation and information that supports the 25
518+funding estimate. 26
519+
520+ (b) The report required on or before January 1, 2024, shall include the findings of 27
521+the needs assessments required under § 13–4805 of this subtitle. 28
522+
523+ (C) THE REPORT REQUIRED O N ON OR BEFORE JANUARY 1, 2025, SHALL 29
524+INCLUDE JULY 1, 2025, THE COMMISSION, IN COORDINATION WITH THE 30
525+BEHAVIORAL HEALTH ADVISORY COUNCIL, SHALL REPORT TO THE GOVERNOR 31
526+AND, IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, THE 32
527+GENERAL ASSEMBLY ON THE COMMISSION’S FINDINGS AND RECOM MENDATIONS 33
528+REGARDING THE CONTINUATION OF THE STATE’S BEHAVIORAL HEALTH CARVE–OUT 34
529+AND THE FINANCING STRUCT URE AND QUALITY OVER SIGHT NECESSARY TO 35 12 SENATE BILL 212
530+
531+
532+INTEGRATE SOMATIC AN D BEHAVIORAL HEALTH CAR E SERVICES IN THE MARYLAND 1
533+MEDICAL ASSISTANCE PROGRAM. 2
534+
535+ SECTION 3. AND BE IT FURTHER ENACTED, That it is the intent of the General 3
536+Assembly that the Maryland Department of Health shall: 4
537+
538+ (1) evaluate the Innovation in Behavioral Health Model announced by the 5
539+Centers for Medicare and Medicaid Services on January 18, 2024; and 6
540+
541+ (2) consider applying to the Centers for Medicare and Medicaid Services to 7
542+participate in the Innovation in Behavioral Health Model. 8
543+
544+ SECTION 3. 4. AND BE IT FURTHER ENACTED, That this Act shall take effect 9
545+July 1, 2024. Section 2 of this Act shall remain effective until the taking effect of the 10
546+termination provision specified in Section 8 of Chapters 290 and 291 of the Acts of the 11
547+General Assembly of 2023. If that termination provision takes effect, Section 2 of this Act, 12
548+with no further action required by the General Assembly, shall be abrogated and of no 13
549+further force and effect. Section 2 of this Act may not be interpreted to have any effect on 14
550+that termination provision. 15
551+
552+
553+
554+
555+
556+Approved:
557+________________________________________________________________________________
558+ Governor.
559+________________________________________________________________________________
560+ President of the Senate.
561+________________________________________________________________________________
562+ Speaker of the House of Delegates.