EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G 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. *hb1244* HOUSE BILL 1244 J1 5lr2994 CF SB 1027 By: Delegates Guyton and Bagnall, Bagnall, Pena–Melnyk, Cullison, Alston, Bhandari, Chisholm, Guzzone, Hill, Hutchinson, S. Johnson, Kaiser, Kerr, Kipke, Lopez, Martinez, M. Morgan, Reilly, Rosenberg, Szeliga, Taveras, Woods, Woorman, and Ross Introduced and read first time: February 7, 2025 Assigned to: Health and Government Operations Committee Report: Favorable with amendments House action: Adopted Read second time: March 3, 2025 CHAPTER ______ AN ACT concerning 1 Maryland Developmental Disabilities Administration Waiver Advisory Council – 2 Establishment 3 FOR the purpose of establishing the Maryland Developmental Disabilities Administration 4 Waiver Advisory Council to advise and provide recommendations to the 5 Developmental Disabilities Administration on system design, service delivery, and 6 quality enhancement strategies for the Medicaid waiver programs operated by the 7 Administration; and generally relating to the Maryland Developmental Disabilities 8 Administration Waiver Advisory Council. 9 BY adding to 10 Article – Health – General 11 Section 7–12B–01 through 7–12B–05 to be under the new subtitle “Subtitle 12B. 12 Maryland Developmental Disabilities Administration Waiver Advisory 13 Council” 14 Annotated Code of Maryland 15 (2023 Replacement Volume and 2024 Supplement) 16 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17 That the Laws of Maryland read as follows: 18 Article – Health – General 19 2 HOUSE BILL 1244 SUBTITLE 12B. MARYLAND DEVELOPMENTAL DISABILITIES ADMINISTRATION 1 WAIVER ADVISORY COUNCIL. 2 7–12B–01. 3 IN THIS SUBTITLE , “COUNCIL” MEANS THE MARYLAND DEVELOPMENTAL 4 DISABILITIES ADMINISTRATION WAIVER ADVISORY COUNCIL. 5 7–12B–02. 6 (A) THERE IS A MARYLAND DEVELOPMENTAL DISABILITIES 7 ADMINISTRATION WAIVER ADVISORY COUNCIL IN THE ADMINISTRATION . 8 (B) THE PURPOSE OF THE COUNCIL IS TO: 9 (1) ADVISE AND PROVIDE RE COMMENDATIONS TO THE 10 ADMINISTRATION ON SYS TEM DESIGN , SERVICE D ELIVERY, AND QUALITY 11 ENHANCEMENT STRATEGI ES FOR THE MEDICAID WAIVER PROGR AMS OPERATED BY 12 THE ADMINISTRATION ; AND 13 (2) FOSTER MEANINGFUL ENG AGEMENT AND ESTABLIS H A 14 FEEDBACK LOOP WITH A LL STAKEHOLDERS WHIL E PRIORITIZING INPUT FROM 15 INDIVIDUALS WITH LIV ED EXPERIENCE WITH A MEDICAID WAIVER PROGR AM. 16 (C) THE COUNCIL SHALL ADHERE TO PERSON –CENTERED THINKING , 17 DIVERSITY, EQUITY, AND INCLUSION PRINCI PLES, AND EVIDENCE –BASED AND 18 DATA–DRIVEN DISCUSSION AN D PROBLEM SOLVING . 19 7–12B–03. 20 (A) (1) THE COUNCIL CONSISTS O F THE FOLLOWING VOTI NG MEMBERS , 21 APPOINTED BY THE SECRETARY OF HEALTH: 22 (I) 18 20 INDIVIDUALS WITH LIV ED EXPERIENCE 23 PARTICIPATING IN AN ADMINISTRATION PROGRA M THAT SHALL INCLUDE : 24 1. REPRESENTATIVES FROM ADVOCACY GROUPS FOR 25 INDIVIDUALS WITH INTELLECTUAL AND DEV ELOPMENTAL DISABILIT IES; AND 26 2. EQUAL REPRESENTATION FROM INDIVIDUALS WHO 27 HAVE EXPERIENCED SEL F–DIRECTED DELIVERY MO DELS AND INDIVIDUALS WHO 28 HAVE EXPERIENCED TRA DITIONAL DELIVERY MO DELS; 29 HOUSE BILL 1244 3 (II) TWO LICENSED PROVIDER S OF RESIDENTIAL AND DAY 1 SERVICES; 2 (III) TWO CERTIFIED PROVIDE RS OF SERVICES INCLU DING 3 EMPLOYMENT , PERSONAL SUPPORT , TECHNOLOGY , AND TRANSPORTATION ; 4 (IV) ONE COORDINATION OF C OMMUNITY SERVICES PR OVIDER; 5 (V) ONE FINANCIAL MANAGEM ENT AND COUNSELING S ERVICES 6 PROVIDER; 7 (VI) ONE REPRESENTATIVE OF AN ETHNIC ADVOCACY G ROUP IN 8 THE STATE; 9 (VII) ONE REPRESENTATIVE OF THE MARYLAND CENTER FOR 10 DEVELOPMENTAL DISABILITIES; 11 (VIII) ONE REPRESENTATIVE OF THE MARYLAND 12 DEVELOPMENTAL DISABILITIES COUNCIL; 13 (IX) ONE REPRESENTATIVE OF THE SELF–DIRECTED 14 ADVOCACY NETWORK OF MARYLAND; 15 (X) ONE REPRESENTATIVE OF THE PARENTS’ PLACE OF 16 MARYLAND; 17 (XI) ONE REPRESENTATIVE OF THE MARYLAND ASSOCIATION 18 OF COMMUNITY SERVICES; 19 (XII) ONE REPRESENTATIVE OF THE ARC MARYLAND; 20 (XI) (XIII) THREE FAMILY MEMBERS WITH EXPERIENCE WITH 21 SELF–DIRECTED SERVICES ; AND 22 (XII) (XIV) THREE FAMILY MEMBERS WITH EXPERIENCE WITH 23 TRADITIONAL SERVICES . 24 (2) THE COUNCIL CONSISTS OF T HE FOLLOWING NONVOTI NG 25 MEMBERS: 26 (I) ONE MEMBER OF THE SENATE OF MARYLAND, APPOINTED 27 BY THE PRESIDENT OF THE SENATE; 28 4 HOUSE BILL 1244 (II) ONE MEMBER OF THE HOUSE OF DELEGATES, APPOINTED 1 BY THE SPEAKER OF THE HOUSE; 2 (III) THE DIRECTOR OF FEDERAL PROGRAMS AND INTEGRITY 3 IN THE ADMINISTRATION ; 4 (IV) ONE REPRESENTATIVE OF THE DEPARTMENT OF 5 DISABILITIES, DESIGNATED BY THE SECRETARY OF DISABILITIES; 6 (V) ONE REPRESENTATIVE OF THE DEPARTMENT OF HOUSING 7 AND COMMUNITY DEVELOPMENT , DESIGNATED BY THE SECRETARY OF HOUSING 8 AND COMMUNITY DEVELOPMENT ; 9 (VI) ONE REPRESENTATIVE OF TH E DEPARTMENT OF HUMAN 10 SERVICES, DESIGNATED BY THE SECRETARY OF HUMAN SERVICES; 11 (VII) ONE REPRESENTATIVE OF THE DIVISION OF 12 REHABILITATION SERVICES IN THE STATE DEPARTMENT OF EDUCATION, 13 DESIGNATED BY THE STATE SUPERINTENDENT OF SCHOOLS; 14 (VIII) THE FOLLOWING MEMBERS , DESIGNATED BY THE 15 SECRETARY OF HEALTH: 16 1. ONE REPRESENTATIVE OF THE OFFICE OF LONG 17 TERM SERVICES AND SUPPORTS; 18 2. ONE REPRESENTATIVE OF THE BEHAVIORAL 19 HEALTH ADMINISTRATION ; 20 3. ONE REPRESENTATIVE OF THE OFFICE OF HEALTH 21 CARE QUALITY; 22 4. ONE REPRESENTATIVE OF THE ELIGIBILITY 23 DETERMINATION DIVISION OF THE OFFICE OF ELIGIBILITY SERVICES; AND 24 5. ONE REPRESENTATIVE OF THE MARYLAND LONG 25 TERM SERVICES AND SUPPORT SYSTEM PROGRA M MANAGEMENT OFFICE ; AND 26 (IX) THE FOLLOWING MEMBERS , APPOINTED BY THE 27 SECRETARY OF HEALTH: 28 1. ONE REPRESENTATIVE OF THE NATIONAL 29 ASSOCIATION OF STATE DIRECTORS OF DEVELOPMENTAL DISABILITIES SERVICES; 30 AND 31 HOUSE BILL 1244 5 2. ONE REPRESENTATIVE OF APPLIED 1 SELF–DIRECTION. 2 (3) THE LICENSED OR CERTI FIED PROVIDERS ON TH E COUNCIL 3 SHALL INCLUDE REPRES ENTATIVES FROM EACH REGION AND FROM THE 4 MARYLAND ASSOCIATION OF COMMUNITY SERVICES AND THE ARC OF MARYLAND. 5 (4) (3) FAMILY MEMBERS APPOIN TED TO THE COUNCIL SHALL 6 INCLUDE AT LEAST ONE FAMILY MEMBER FROM E ACH REGION. 7 (5) (4) THE ADMINISTRATION SHALL ESTABLISH AN APPLICA TION 8 PROCESS AND REVIEW P ROCESS FOR MEMBERS W HO WISH TO SERVE ON THE 9 COUNCIL. 10 (6) (5) TO THE EXTENT PRACTIC ABLE, THE MEMBERSHIP OF TH E 11 COUNCIL SHALL REFLECT THE GEND ER, RACIAL, ETHNIC, AND GEOGRAPHICAL 12 DIVERSITY OF THE STATE. 13 (B) (1) THE TERM OF A MEMBER IS 3 YEARS. 14 (2) THE TERMS OF MEMBERS ARE STAGGERED AS REQ UIRED BY THE 15 TERMS PROVIDED FOR T HE MEMBERS OF THE COUNCIL ON OCTOBER 1, 2025. 16 (3) AT THE END OF A TE RM, A MEMBER CONTINUES T O SERVE UNTIL 17 A SUCCESSOR IS APPOI NTED AND QUALIFIES . 18 (4) A MEMBER WHO IS APPOIN TED AFTER A TERM HAS BEGUN SERVES 19 ONLY FOR THE REST OF THE TERM AND UNTIL A SUCCESSOR IS APPOINT ED AND 20 QUALIFIES. 21 (5) A MEMBER MAY NOT SERVE CONSECUTIVE TERMS BUT MAY SERVE 22 FOR MULTIPLE NONCONS ECUTIVE TERMS . 23 (C) (1) THE DIRECTOR OF FEDERAL PROGRAMS SHALL SERVE AS A 24 NONVOTING COCHAIR . 25 (2) THE COUNCIL SHALL VOTE FO R THE ADDITIONAL COC HAIR. 26 (D) (1) THE ADMINISTRATION SHALL PROVIDE STAFF FOR TH E COUNCIL. 27 (2) THE DEPARTMENT SHALL INCL UDE A DEDICATED COUNCIL 28 WEBPAGE ON THE DEPARTMENT ’S WEBSITE THAT INCLU DES MEETING DATES AN D 29 6 HOUSE BILL 1244 TIMES, AGENDAS AND OTHER ME ETING DOCUMENTS , AND RECORDED PAST 1 MEETINGS OF THE COUNCIL. 2 (E) A MEMBER OF THE COUNCIL: 3 (1) MAY NOT RECEIVE COMP ENSATION AS A MEMBER OF THE 4 COUNCIL; BUT 5 (2) IS ENTITLED TO REIMB URSEMENT FOR EXPENSE S UNDER THE 6 STANDARD STATE TRAVEL REGULATIONS, AS PROVIDED IN THE STATE BUDGET . 7 (F) THE COUNCIL MAY PROVIDE T RAVEL ARRANGEMENTS , AS NECESSARY , 8 FOR MEMBERS OF THE COUNCIL WITH DISABILI TIES. 9 7–12B–04. 10 (A) (1) THE COUNCIL SHALL MEET ON CE EVERY 2 MONTHS IN A 11 LOCATION THAT IS MAD E PUBLICLY AVAILABLE AT LEAST 2 WEEKS BEFORE THE 12 MEETING. 13 (2) THE COUNCIL MAY HOLD ADDI TIONAL MEETINGS IF D ETERMINED 14 NECESSARY BY THE COCHA IRS. 15 (3) MEETINGS OF THE COUNCIL SHALL: 16 (I) BE OPEN TO THE PUBLIC AND RECORDED BY VIDE O; 17 (II) FOLLOW AGENDAS THAT A RE DISTRIBUTED AT LE AST 1 18 WEEK BEFORE THE MEET ING TO COUNCIL MEMBERS BY E –MAIL; 19 (III) CONCLUDE WITH A CLEAR UNDERSTANDING OF 20 EXPECTATIONS AND ASS IGNMENTS FOR FUTURE STEPS; 21 (IV) PROVIDE ACCOMMODATION S FOR INDIVIDUALS WI TH 22 DISABILITIES; AND 23 (V) INCLUDE TIME FOR PUBL IC COMMENT AFTER MEE TING 24 AGENDA ITEMS HAVE BE EN ADDRESSED . 25 (4) A MEETING OF THE COUNCIL MAY BE HELD VIR TUALLY IF 26 DETERMINED NECESSARY BY THE COCHAIRS . 27 HOUSE BILL 1244 7 (5) THE COUNCIL SHALL PROVIDE NOTICE OF ITS MEETIN GS BY 1 E–MAIL TO MEMBERS AT L EAST 1 WEEK BEFORE THE MEET ING AND SHALL INCLUD E 2 AN AGENDA AND ANY DO CUMENTS TO BE REVIEW ED FOR THE MEETIN G. 3 (6) THE COUNCIL SHALL DISTRIB UTE MEETING MINUTES TO 4 MEMBERS WITHIN 2 WEEKS AFTER EACH COUNCIL MEETING . 5 (B) THE COUNCIL MAY FORM WORK GROUPS THAT MAY MEET AS DIRECTED 6 BY THE COCHAIRS . 7 (C) THE COUNCIL SHALL ESTABLI SH A CODE OF CONDUCT FOR COUNCIL 8 MEETINGS. 9 7–12B–05. 10 (A) THE COUNCIL SHALL PROVIDE ADVICE AND MAKE RECO MMENDATIONS 11 TO THE ADMINISTRATION ON : 12 (1) ADMINISTRATION –OPERATED MEDICAID WAIVER PROGR AM 13 SYSTEM DESIGN , INCLUDING WAIVER APP LICATION REGULATIONS AND POLICIES; 14 (2) SERVICE DELIV ERY AND ACCESS TO SE RVICES; 15 (3) FEDERAL WAIVER ASSURA NCES; 16 (4) ENSURING ACCESS TO MEDICAID SERVICES ; 17 (5) QUALITY ENHANCEMENT E FFORTS AND IMPROVEME NT 18 STRATEGIES; 19 (6) COMMUNICATION WITH ST AKEHOLDERS , INCLUDING A 20 TRANSPARENT FEEDBACK PROCESS; AND 21 (7) COLLABORATIVE PROCESS ES WITH STAKEHOLDERS . 22 (B) (1) THE COUNCIL SHALL VOTE ON THE ADVICE AND 23 RECOMMENDATIONS TO P ROVIDE TO THE ADMINISTRATION UNDER SUBSECTION (A) 24 OF THIS SECTION. 25 (2) THE COUNCIL SHALL ATTEMPT TO REACH CONSENSUS A ND ALL 26 MEMBERS SHALL BE AFFORDED AN OPPORTUNITY TO BE HE ARD. 27 (3) IF CONSENSUS CANNOT B E REACHED ON A PARTI CULAR ISSUE, 28 THE COUNCIL MAY VOTE WITH A 75% AGREEMENT THRESHOLD . 29 8 HOUSE BILL 1244 (4) (I) A COUNCIL MEMBER MAY NO T VOTE ON ANOTHER 1 MEMBER’S BEHALF. 2 (II) A COUNCIL MEMBER M AY DESIGNATE A PROXY FOR THE 3 MEMBER. 4 (III) A COUNCIL MEMBER ’S PROXY MAY VOTE ON BEHALF OF A 5 MEMBER ONLY IF THE P ROXY IS ATTENDING TH E MEETING FOR THE ME MBER. 6 (IV) A COUNCIL MEMBER ’S PROXY MAY NOT VOTE ON BEHALF OF 7 THE PROXY. 8 SECTION 2. AND BE IT FURTHER ENACTED, That the terms of the initial voting 9 members of the Maryland Development Disabilities Administration Waiver Advisory 10 Council shall expire as follows: 11 (1) 18 20 members in 2027; and 12 (2) 17 19 members in 2028. 13 SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 14 October 1, 2025. 15 Approved: ________________________________________________________________________________ Governor. ________________________________________________________________________________ Speaker of the House of Delegates. ________________________________________________________________________________ President of the Senate.