WES MOORE, Governor Ch. 867 – 1 – Chapter 867 (Senate Bill 991) AN ACT concerning Behavioral Health – Language Assistance Services Pilot Program FOR the purpose of establishing the Language Assistance Services Pilot Program in the Behavioral Health Administration to provide grants to local behavioral health authorities to reimburse behavioral health providers for language assistance services for certain children, parents, and legal guardians; and generally relating to the Language Assistance Services Pilot Program. BY adding to Article – Health – General Section 10–929 to be under the new part “Part V. Language Assistance Services Pilot Program” Annotated Code of Maryland (2023 Replacement Volume) SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, That the Laws of Maryland read as follows: Article – Health – General 10–927. RESERVED. 10–928. RESERVED. PART V. LANGUAGE ASSISTANCE SERVICES PILOT PROGRAM. 10–929. (A) IN THIS SECTION , “PROGRAM” MEANS THE LANGUAGE ASSISTANCE SERVICES PILOT PROGRAM. (B) THERE IS A LANGUAGE ASSISTANCE SERVICES PILOT PROGRAM. (C) THE PURPOSE OF THE PROGRAM IS TO: (1) PROVIDE MEANINGFUL AC CESS TO BEHAVIORAL H EALTH CARE TO CHILDREN WITH LIM ITED ENGLISH PROFI CIENCY; AND (2) ESTABLISH A COMPETITI VE GRANT PROCESS FOR LOCAL BEHAVIORAL HEALTH AU THORITIES TO PROVIDE REIMBURSEMENT TO BEH AVIORAL Ch. 867 2024 LAWS OF MARYLAND – 2 – HEALTH PROVIDERS FOR LANGUAGE ASSISTANCE SERVICES, INCLUDING INTERPRETATION AND T RANSLATION SERVICES TO: (I) CHILDREN WITH LIMITED ENGLISH PROFICIENCY ACCESSING AND RECEIV ING BEHAVIORAL HEALT H SERVICES; AND (II) PARENTS AND LEGAL GUA RDIANS COORDINATING THE PROVISION OF BEHAVIO RAL HEALTH SERVICES AND MAKING HEALTH CA RE DECISIONS REGARDING THE SERVICES ON BEHA LF OF A CHILD. (D) THE ADMINISTRATION SHALL ADMINISTER THE PROGRAM. (E) ON OR BEFORE OCTOBER 1, 2024, THE THE ADMINISTRATION SHALL ADOPT REGULATIONS TO IMPLEMENT AND ADMINISTER THE PROGRAM, INCLUDING REGULATIONS THAT EST ABLISH THE FOLLOWING THE FOLLOWING REQUIREMEN TS AS PART OF ADMINISTE RING THE PROGRAM: (1) A REQUIREMENT THAT A G RANTEE DOCUMENT AND REPORT: (I) THE NUMBER OF CHILDRE N WHO RECEIVED LANGU AGE ASSISTANCE SERVICES BROKEN DOWN BY PRIMA RY LANGUAGE SPOKEN ; (II) THE NUMBER OF PARENTS AND LEGAL GU ARDIANS WHO RECEIVED LANGUAGE AS SISTANCE SERVICES BR OKEN DOWN BY PRIMARY LANGUAGE SPOKEN ; AND (III) THE NUMBER OF LANGUAG E ASSISTANCE SERVICE S THAT WERE REIMBURSED BROK EN DOWN BY THE TYPE OF BEHAVIORAL HEALTH SERVICE PROVIDED; AND (2) A REQUIREMENT THAT , TO REQUEST AND RECEI VE A REIMBURSEMENT FROM A PROGRAM GRANTEE , A HEALTH CARE PROVID ER MUST: (I) BE A LICENSED AND ACC REDITED BEHAVIORAL H EALTH PROVIDER; AND (II) HAVE A CURRENT , WRITTEN LANGUAGE ACC ESS PLAN DEMONSTRATING H OW THE PROVIDER ENSU RES MEANINGFUL ACCES S TO ITS PROGRAMS AND ACTIVIT IES FOR INDIVIDUALS WITH LIMITED ENGLISH PROFICIENCY. (F) THE LANGUAGE ACCESS P LAN REQUIRED UNDER S UBSECTION (E)(2)(II) OF THIS SECTION SHAL L: WES MOORE, Governor Ch. 867 – 3 – (1) BE PROVIDED TO THE GR ANTEE IN ADDI TION TO ANY REQUEST FOR REIMBURSEMENT FO R LANGUAGE ASSISTANC E SERVICES; AND (2) INCLUDE: (I) A SELF–ASSESSMENT OF THE CI RCUMSTANCES UNDER WHICH THE PROVIDER M AY ENCOUNTER AN INDI VIDUAL WITH LIMITED ENGLISH PROFICIENCY; (II) A SELF–ASSESSMENT OF THE NUMBER OR PROPOR TION OF INDIVIDUALS WITH LIM ITED ENGLISH PROFICIENCY F ROM EACH LANGUAGE GR OUP IN THE PROVIDER ’S SERVICE AREA TO DE TERMINE APPROPRIATE LANGUAGE ASSISTANCE SERVICES ; (III) THE PROVIDER ’S PROCEDURE FOR IDEN TIFYING AN INDIVIDUAL’S PRIMARY LANGUAGE ; (IV) THE PROVIDER ’S PROCEDURE FOR PROV IDING LANGUAGE ASSISTANCE SERVICES , INCLUDING ORAL AND W RITTEN LANGUAGE ASSI STANCE SERVICES; (V) THE PROVIDER ’S PROCEDURE FOR ENSU RING EFFECTIVE COMMUNICATION WITH I NDIVIDUALS WITH LIMI TED ENGLISH PROFICIENCY IN LANGUAGES ENCOUNTERE D LESS FREQUENTLY ; (VI) THE PROVIDER ’S PLAN FOR TRAINING STAFF ON THE PROVIDER’S POLICIES AND PROCE DURES; AND (VII) THE PROVIDER ’S PROCEDURE FOR PROV IDING NOTICE OF LANGUAGE ASSISTANCE SERVICES AT NO COST TO INDIVIDUALS WITH LIM ITED ENGLISH PROFICIENCY . (G) FOR EACH OF FISCAL YE ARS 2025 AND 2026, THE GOVERNOR SHALL INCLUDE IN THE ANNUA L BUDGET BILL AN APP ROPRIATION OF $120,000 TO THE PROGRAM. (H) THE ADMINISTRATION SHALL AWARD, AT A MINIMUM , THREE GRANTS OF $30,000 EACH IN EACH OF FISC AL YEARS 2025 AND 2026. (I) ON OR BEFORE DECEMBER 1, 2025, 2026, AND 2027, THE ADMINISTRATION SHALL SUBMIT TO THE GOVERNOR AND , IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, THE GENERAL ASSEMBLY A REPORT ON THE IMPLEMENTATION OF THE PROGRAM THAT INCLUDES : Ch. 867 2024 LAWS OF MARYLAND – 4 – (1) THE TOTAL NUMBER OF I NDIVIDUALS WITH LIMI TED ENGLISH PROFICIENCY WHO RECE IVED LANGUAGE ASSIST ANCE SERVICES BROKEN DOWN BY JURISDICTION; (2) THE TOTAL NUMBER OF C HILDREN WHO RECEIVED LANGUAGE ASSISTANCE SERVICES BROKEN D OWN BY PRIMARY LANGU AGE SPOKEN; (3) THE TOTAL NUMBER OF P ARENTS AND LEGAL GUA RDIANS WHO RECEIVED LANGUAGE AS SISTANCE SERVICES BR OKEN DOWN BY PRIMARY LANGUAGE SPOKEN ; (4) THE TOTAL NUMBER OF L ANGUAGE ASSISTANCE S ERVICES THAT WERE REIMBURSED BROKEN DO WN BY THE TYPE OF BE HAVIORAL HEALTH SERV ICE PROVIDED; AND (5) THE TOTAL AMOUNT IN G RANT MONEY PROVIDED TO EACH GRANTEE DURING THE I MMEDIATELY PRECEDING FISCAL YEAR. SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take eff ect July 1, 2024. It shall remain effective for a period of 4 years and, at the end of June 30, 2028, this Act, with no further action required by the General Assembly, shall be abrogated and of no further force and effect. Approved by the Governor, May 16, 2024.