EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING 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. *sb0991* SENATE BILL 991 J1 4lr3186 CF 4lr1252 By: Senator Lam Introduced and read first time: February 2, 2024 Assigned to: Finance Committee Report: Favorable Senate action: Adopted Read second time: February 28, 2024 CHAPTER ______ AN ACT concerning 1 Behavioral Health – Language Assistance Services Pilot Program 2 FOR the purpose of establishing the Language Assistance Services Pilot Program in the 3 Behavioral Health Administration to provide grants to local behavioral health 4 authorities to reimburse behavioral health providers for language assistance 5 services for certain children, parents, and legal guardians; and generally relating to 6 the Language Assistance Services Pilot Program. 7 BY adding to 8 Article – Health – General 9 Section 10–929 to be under the new part “Part V. Language Assistance Services Pilot 10 Program” 11 Annotated Code of Maryland 12 (2023 Replacement Volume) 13 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 14 That the Laws of Maryland read as follows: 15 Article – Health – General 16 10–927. RESERVED. 17 10–928. RESERVED. 18 PART V. LANGUAGE ASSISTANCE SERVICES PILOT PROGRAM. 19 2 SENATE BILL 991 10–929. 1 (A) IN THIS SECTION , “PROGRAM” MEANS THE LANGUAGE ASSISTANCE 2 SERVICES PILOT PROGRAM. 3 (B) THERE IS A LANGUAGE ASSISTANCE SERVICES PILOT PROGRAM. 4 (C) THE PURPOSE OF THE PROGRAM IS TO: 5 (1) PROVIDE MEANINGFUL AC CESS TO BEHAVIORAL H EALTH CARE 6 TO CHILDREN WITH LIM ITED ENGLISH PROFICIENCY ; AND 7 (2) ESTABLISH A COMPETITI VE GRANT PROCESS FOR LOCAL 8 BEHAVIORAL HEALTH AU THORITIES TO PROVIDE REIMBURSEMENT TO BEH AVIORAL 9 HEALTH PROVIDERS FOR LANGUAGE ASSISTANCE SERVICES, INCLUDING 10 INTERPRETATION AND T RANSLATION SERVICES TO: 11 (I) CHILDREN WITH LIMITED ENGLISH PROFICIENCY 12 ACCESSING AND RECEIV ING BEHAVIORAL HEALT H SERVICES; AND 13 (II) PARENTS AND LEGAL GUA RDIANS COORDINATING THE 14 PROVISION OF BEHAVIO RAL HEALTH SERVICES AND MAKING HEALTH CA RE 15 DECISIONS REGARDING THE SERVICES ON BEHA LF OF A CHILD. 16 (D) THE ADMINISTRATION SHALL ADMINISTER THE PROGRAM. 17 (E) ON OR BEFORE OCTOBER 1, 2024, THE ADMINISTRATION SHALL ADOPT 18 REGULATIONS TO IMPLE MENT AND ADMINISTER THE PROGRAM, INCLUDING 19 REGULATIONS THAT EST ABLISH THE FOLLOWING : 20 (1) A REQUIREMENT THAT A G RANTEE DOCUMENT AND REPORT : 21 (I) THE NUMBER OF CHILDRE N WHO RECEIVED LANGU AGE 22 ASSISTANCE SERVICES BROKEN DOWN BY PRIMA RY LANGUAGE SPOKEN ; 23 (II) THE NUMBER OF PARENTS AND LEGAL GUARDIANS WHO 24 RECEIVED LANGUAGE AS SISTANCE SERVICES BR OKEN DOWN BY PRIMARY 25 LANGUAGE SPOKEN ; AND 26 (III) THE NUMBER OF LANGUAG E ASSISTANCE SERVICE S THAT 27 WERE REIMBURSED BROK EN DOWN BY THE TYPE OF BEHAVIORAL HEALTH SERVICE 28 PROVIDED; AND 29 SENATE BILL 991 3 (2) A REQUIREMENT THAT , TO REQUEST AND RECEI VE A 1 REIMBURSEMENT FROM A PROGRAM GRANTEE , A HEALTH CARE PROVIDER M UST: 2 (I) BE A LICENSED AND ACC REDITED BEHAVIORAL H EALTH 3 PROVIDER; AND 4 (II) HAVE A CURRENT , WRITTEN LANGUAGE ACC ESS PLAN 5 DEMONSTRATING HOW TH E PROVIDER ENSURES M EANINGFUL ACCESS TO ITS 6 PROGRAMS AND ACTIVIT IES FOR INDIVIDUALS WITH LIMITED ENGLISH 7 PROFICIENCY. 8 (F) THE LANGUAGE ACCESS P LAN REQUIRED UNDER S UBSECTION (E)(2)(II) 9 OF THIS SECTION SHAL L: 10 (1) BE PROVIDED TO THE GR ANTEE IN ADDITION TO ANY REQUEST 11 FOR REIMBURSEMENT FO R LANGUAGE ASSISTANC E SERVICES; AND 12 (2) INCLUDE: 13 (I) A SELF–ASSESSMENT OF THE CI RCUMSTANCES UNDER 14 WHICH THE PROVIDER M AY ENCOUNTER AN INDI VIDUAL WITH LIMITED ENGLISH 15 PROFICIENCY; 16 (II) A SELF–ASSESSMENT OF THE NU MBER OR PROPORTION O F 17 INDIVIDUALS WITH LIM ITED ENGLISH PROFICIENCY F ROM EACH LANGUAGE G ROUP 18 IN THE PROVIDER ’S SERVICE AREA TO DE TERMINE APPROPRIATE LANGUAGE 19 ASSISTANCE SERVICES ; 20 (III) THE PROVIDER ’S PROCEDURE FOR IDEN TIFYING AN 21 INDIVIDUAL’S PRIMARY LANGUAGE ; 22 (IV) THE PROVIDER ’S PROCEDURE FOR PROV IDING LANGUAGE 23 ASSISTANCE SERVICES , INCLUDING ORAL AND WRI TTEN LANGUAGE ASSIST ANCE 24 SERVICES; 25 (V) THE PROVIDER ’S PROCEDURE FOR ENSU RING EFFECTIVE 26 COMMUNICATION WITH I NDIVIDUALS WITH LIMI TED ENGLISH PROFICIENCY I N 27 LANGUAGES ENCOUNTERE D LESS FREQUENTLY ; 28 (VI) THE PROVIDER ’S PLAN FOR TRAINING STAFF ON TH E 29 PROVIDER’S POLICIES AND PROCE DURES; AND 30 4 SENATE BILL 991 (VII) THE PROVIDER ’S PROCEDURE FOR PROV IDING NOTICE OF 1 LANGUAGE ASSISTANCE SERVICES AT NO COST TO INDIVIDUALS WITH LIMITED 2 ENGLISH PROFICIENCY . 3 (G) FOR EACH OF FISCAL YE ARS 2025 AND 2026, THE GOVERNOR SHALL 4 INCLUDE IN THE ANNUA L BUDGET BILL AN APP ROPRIATION OF $120,000 TO THE 5 PROGRAM. 6 (H) THE ADMINISTRATION SHALL AWARD, AT A MINIMUM , THREE GRANTS 7 OF $30,000 EACH IN EACH OF FISC AL YEARS 2025 AND 2026. 8 (I) ON OR BEFORE DECEMBER 1, 2025, 2026, AND 2027, THE 9 ADMINISTRATION SHALL SUBMIT TO THE GOVERNOR AND , IN ACCORDANCE WITH § 10 2–1257 OF THE STATE GOVERNMENT ARTICLE, THE GENERAL ASSEMBLY A REPORT 11 ON THE IMPLEMENTATIO N OF THE PROGRAM THAT INCLUDES : 12 (1) THE TOTAL NUMBER OF I NDIVIDUALS WITH L IMITED ENGLISH 13 PROFICIENCY WHO RECE IVED LANGUAGE ASSIST ANCE SERVICES BROKEN DOWN BY 14 JURISDICTION; 15 (2) THE TOTAL NUMBER OF C HILDREN WHO RECEIVED LANGUAGE 16 ASSISTANCE SERVICES BROKEN DOWN BY PRIMA RY LANGUAGE SPOKEN ; 17 (3) THE TOTAL NUMBER OF P ARENTS AND L EGAL GUARDIANS WHO 18 RECEIVED LANGUAGE AS SISTANCE SERVICES BR OKEN DOWN BY PRIMARY 19 LANGUAGE SPOKEN ; 20 (4) THE TOTAL NUMBER OF L ANGUAGE ASSISTANCE S ERVICES THAT 21 WERE REIMBURSED BROK EN DOWN BY THE TYPE OF BEHAVIORAL HEALTH SERVICE 22 PROVIDED; AND 23 (5) THE TOTAL AMOUNT IN GRANT MO NEY PROVIDED TO EACH 24 GRANTEE DURING THE I MMEDIATELY PRECEDING FISCAL YEAR. 25 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 26 1, 2024. It shall remain effective for a period of 4 years and, at the end of June 30, 2028, 27 this Act, with no further action required by the General Assembly, shall be abrogated and 28 of no further force and effect. 29