Maryland 2024 Regular Session

Maryland Senate Bill SB328 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LAW .
4	4	[Brackets] indicate matter deleted from existing law.
5	5	sb0328
6	6
7	7	SENATE BILL 328
8	8	J1, J3 4lr0735
9	9	SB 468/23 – B&T CF 4lr2132
10	10	By: Senator Rosapepe
11	11	Introduced and read first time: January 12, 2024
12	12	Assigned to: Budget and Taxation
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Funding for Wages and Benefits for Nursing Home Workers 2
19	19	(Nursing Home Staffing Crisis Funding Act of 2024) 3
20	20
21	21	FOR the purpose of requiring that the Governor’s proposed budget for certain fiscal years 4
22	22	include a certain percentage reimbursement rate increase for providers of certain 5
23	23	health care services under the Maryland Medical Assistance Program, the Maryland 6
24	24	Children’s Health Program, and the Community First Choice program; requiring 7
25	25	nursing homes to annually submit a certain cost report to the Maryland Department 8
26	26	of Health; requiring that a certain percentage of the funding increase for certain 9
27	27	fiscal years be used to fund wages and benefits for certain workers; and generally 10
28	28	relating to the reimbursement of service providers under the Maryland Medical 11
29	29	Assistance Program, the Maryland Children’s Health Program, and the Community 12
30	30	First Choice program. 13
31	31
32	32	BY repealing and reenacting, with amendments, 14
33	33	Article – Health – General 15
34	34	Section 16–201.4 16
35	35	Annotated Code of Maryland 17
36	36	(2023 Replacement Volume) 18
37	37
38	38	BY adding to 19
39	39	Article – Health – General 20
40	40	Section 16–209 21
41	41	Annotated Code of Maryland 22
42	42	(2023 Replacement Volume) 23
43	43
44	44	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 24
45	45	That the Laws of Maryland read as follows: 25
46	46
47	47	Article – Health – General 26
48	48	2 SENATE BILL 328
49	49
50	50
51	51	16–201.4. 1
52	52
53	53	(a) (1) In this section the following words have the meanings indicated. 2
54	54
55	55	(2) “Provider” means a provider of: 3
56	56
57	57	(i) Nursing home services; 4
58	58
59	59	(ii) Medical day care services; 5
60	60
61	61	(iii) Private duty nursing services; 6
62	62
63	63	(iv) Personal care services; 7
64	64
65	65	(v) Home– and community–based services; and 8
66	66
67	67	(vi) Services provided through the Community First Choice program. 9
68	68
69	69	(3) “Rate” means the reimbursement rate paid by the Department to 10
70	70	providers of nursing home, medical day care, private duty nursing, personal care, and 11
71	71	home– and community–based services and services provided through the Community First 12
72	72	Choice program from the State General Fund, Maryland Medical Assistance Program 13
73	73	funds, other State or federal funds, or a combination of these funds. 14
74	74
75	75	(b) (1) The Governor’s proposed budget for fiscal year 2021 shall include a 4% 15
76	76	rate increase for providers over the funding provided in the legislative appropriation for 16
77	77	the immediately preceding fiscal year in Program M00Q01.03 Medical Care Provider 17
78	78	Reimbursements – Medical Care Programs Administration and Program M00Q01.07 18
79	79	Maryland Children’s Health Program – Medical Care Programs Administration. 19
80	80
81	81	(2) The Governor’s proposed budget for fiscal year 2022 shall include a 4% 20
82	82	rate increase for providers over the funding provided in the legislative appropriation for 21
83	83	the immediately preceding fiscal year in Program M00Q01.03 Medical Care Provider 22
84	84	Reimbursements – Medical Care Programs Administration and Program M00Q01.07 23
85	85	Maryland Children’s Health Program – Medical Care Programs Administration. 24
86	86
87	87	(3) The Governor’s proposed budget for fiscal year 2023 shall include a 4% 25
88	88	rate increase for providers over the funding provided in the legislative appropriation for 26
89	89	the immediately preceding fiscal year in Program M00Q01.03 Medical Care Provider 27
90	90	Reimbursements – Medical Care Programs Administration and Program M00Q01.07 28
91	91	Maryland Children’s Health Program – Medical Care Programs Administration. 29
92	92
93	93	(4) The Governor’s proposed budget for fiscal year 2024 shall include a 4% 30
94	94	rate increase for providers over the funding provided in the legislative appropriation for 31
95	95	the immediately preceding fiscal year in Program M00Q01.03 Medical Care Provider 32
96	96	Reimbursements – Medical Care Programs Administration and Program M00Q01.07 33
97	97	Maryland Children’s Health Program – Medical Care Programs Administration. 34 SENATE BILL 328 3
98	98
99	99
100	100
101	101	(5) THE GOVERNOR’S PROPOSED BUDGET FO R FISCAL YEAR 2026 1
102	102	SHALL INCLUDE A N 8% RATE INCREASE FOR PR OVIDERS OVER THE FUN DING 2
103	103	PROVIDED IN THE LEGISLATIVE A PPROPRIATION FOR THE IMMEDIATELY 3
104	104	PRECEDING FISCAL YEA R IN PROGRAM M00Q01.03 MEDICAL CARE PROVIDER 4
105	105	REIMBURSEMENTS – MEDICAL CARE PROGRAMS ADMINISTRATION AND PROGRAM 5
106	106	M00Q01.07 MARYLAND CHILDREN’S HEALTH PROGRAM – MEDICAL CARE 6
107	107	PROGRAMS ADMINISTRATION . 7
108	108
109	109	(6) THE GOVERNOR’S PROPOSED BUDGET FO R FISCAL YEAR 2027 8
110	110	SHALL INCLUDE A N 8% RATE INCREASE FOR PR OVIDERS OVER THE FUN DING 9
111	111	PROVIDED IN THE LEGI SLATIVE APPROPRIATIO N FOR THE IMMEDIATEL Y 10
112	112	PRECEDING FISCAL YEA R IN PROGRAM M00Q01.03 MEDICAL CARE PROVIDER 11
113	113	REIMBURSEMENTS – MEDICAL CARE PROGRAMS ADMINISTRATION AND PROGRAM 12
114	114	M00Q01.07 MARYLAND CHILDREN’S HEALTH PROGRAM – MEDICAL CARE 13
115	115	PROGRAMS ADMINISTRATION . 14
116	116
117	117	(7) THE GOVERNOR’S PROPOSED BUDGET FO R FISCAL YEAR 2028 15
118	118	SHALL INCLUDE A N 8% RATE INCREASE FOR PR OVIDERS OVER THE FUN DING 16
119	119	PROVIDED IN THE LEGI SLATIVE APPROPRIATIO N FOR THE IMMEDIATEL Y 17
120	120	PRECEDING FISCAL YEA R IN PROGRAM M00Q01.03 MEDICAL CARE PROVIDER 18
121	121	REIMBURSEMENTS – MEDICAL CARE PROGRAMS ADMINISTRATION AND PROGRAM 19
122	122	M00Q01.07 MARYLAND CHILDREN’S HEALTH PROGRAM – MEDICAL CARE 20
123	123	PROGRAMS ADMINISTRATION . 21
124	124
125	125	[(5)] (8) The Governor’s proposed budget for fiscal year 2021 and each 22
126	126	fiscal year thereafter shall be presented in the same manner, including object and program 23
127	127	information, as in the fiscal year 2020 budget. 24
128	128
129	129	16–209. 25
130	130
131	131	(A) ON OR BEFORE SEPTEMBER 1 EACH YEAR, BEGINNING IN 2026, EACH 26
132	132	NURSING HOME SHALL SUBMIT TO THE DEPARTMENT A COST REP ORT IN THE FORM 27
133	133	AND MANNER REQUIRED BY THE DEPARTMENT . 28
134	134
135	135	(B) THE COST REPORT REQUI RED UNDER SUBSECTION (A) OF THIS SECTION 29
136	136	SHALL: 30
137	137
138	138	(1) INCLUDE: 31
139	139
140	140	(I) DOCUMENTATION OF WAGE DISBURSEMENT ; AND 32
141	141
142	142	(II) ANY OTHER INFORMATION TH E DEPARTMENT DETERMINES 33
143	143	IS APPROPRIATE ; AND 34 4 SENATE BILL 328
144	144
145	145
146	146
147	147	(2) BE SIGNED BY AN AUTHO RIZED REPRESENTATIVE OF THE 1
148	148	NURSING HOME UNDER P ENALTY OF PERJURY . 2
149	149
150	150	(C) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE 3
151	151	DEPARTMENT MAY TAKE A PPROPRIATE ENFORC EMENT ACTION AGAINST A 4
152	152	NURSING HOME IF THE NURSING HOME : 5
153	153
154	154	(I) FAILS TO SUBMIT A COS T REPORT AS REQUIRED ; 6
155	155
156	156	(II) SUBMITS AN INACCURATE , INCOMPLETE , OR INVALID COST 7
157	157	REPORT; OR 8
158	158
159	159	(III) FAILS TO PAY THE WAGE S IN THE AMOUNT REQU IRED. 9
160	160
161	161	(2) THE ENFORCEME NT ACTION THAT THE DEPARTMENT MAY TAKE 10
162	162	UNDER PARAGRAPH (1) OF THIS SUBSECTION MAY INCLUDE ANY OF THE 11
163	163	FOLLOWING: 12
164	164
165	165	(I) RECOUPMENT BY THE DEPARTMENT OF FUNDING 13
166	166	RESULTING FROM THE R EIMBURSEMENT RATE IN CREASE PROVIDED FOR UNDER § 14
167	167	16–201.4(B) OF THIS SUBTITLE; 15
168	168
169	169	(II) IMPOSITION OF A CORRE CTIVE PLAN; AND 16
170	170
171	171	(III) SUSPENSION OR TERMINA TION FROM THE PROGRA M. 17
172	172
173	173	SECTION 2. AND BE IT FURTHER ENACTED, That: 18
174	174
175	175	(a) (1) For each of fiscal years 2026, 2027, and 2028, 75% of the funding 19
176	176	increase provided in the legislative appropriation for Program M00Q01.03 Medical Care 20
177	177	Provider Reimbursements – Medical Care Programs Administration in § 16–201.4(b)(5) 21
178	178	through (7) of the Health – General Article, as enacted by Section 1 of this Act, shall be 22
179	179	used to fund wages and benefits for workers and staff providing direct care, indirect care, 23
180	180	direct care support services, and other patient care to residents in a nursing home. 24
181	181
182	182	(2) Administrative staff and workers who do not provide direct care to 25
183	183	residents are not eligible to take part in the wage increase provided for under paragraph 26
184	184	(1) of this subsection. 27
185	185
186	186	(b) Nursing home providers who receive funding increases in accordance with § 28
187	187	16–201.4(b)(5) through (7) of the Health – General Article, as enacted by Section 1 of this 29
188	188	Act, shall document the disbursement of the funds. 30
189	189	SENATE BILL 328 5
190	190
191	191
192	192	SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect June 1
193	193	1, 2024. 2