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. Italics indicate opposite chamber/conference committee amendments. *hb1244* HOUSE BILL 1244 J1 (5lr2994) ENROLLED BILL — Health and Government Operations/Finance — Introduced 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 Read and Examined by Proofreaders: _______________________________________________ Proofreader. _______________________________________________ Proofreader. Sealed with the Great Seal and presented to the Governor, for his approval this _______ day of _______________ at ________________________ o’clock, ________M. ______________________________________________ Speaker. 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 2 HOUSE BILL 1244 Section 7–12B–01 through 7–12B–05 to be under the new subtitle “Subtitle 12B. 1 Maryland Developmental Disabilities Administration Waiver Advisory 2 Council” 3 Annotated Code of Maryland 4 (2023 Replacement Volume and 2024 Supplement) 5 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 6 That the Laws of Maryland read as follows: 7 Article – Health – General 8 SUBTITLE 12B. MARYLAND DEVELOPMENTAL DISABILITIES ADMINISTRATION 9 WAIVER ADVISORY COUNCIL. 10 7–12B–01. 11 IN THIS SUBTITLE , “COUNCIL” MEANS THE MARYLAND DEVELOPMENTAL 12 DISABILITIES ADMINISTRATION WAIVER ADVISORY COUNCIL. 13 7–12B–02. 14 (A) THERE IS A MARYLAND DEVELOPMENTAL DISABILITIES 15 ADMINISTRATION WAIVER ADVISORY COUNCIL IN THE ADMINISTRATION . 16 (B) THE PURPOSE OF THE COUNCIL IS TO: 17 (1) ADVISE AND PROVIDE RE COMMENDATIONS TO THE 18 ADMINISTRATION ON SYS TEM DESIGN , SERVICE DELIVERY , AND QUALITY 19 ENHANCEMENT STRATEGIES FOR THE MEDICAID WAIVER PROGR AMS OPERATED BY 20 THE ADMINISTRATION ; AND 21 (2) FOSTER MEANINGFUL ENG AGEMENT AND ESTABLIS H A 22 FEEDBACK LOOP WITH A LL STAKEHOLDERS WHIL E PRIORITIZING INPUT FROM 23 INDIVIDUALS WITH LIV ED EXPERIENCE WITH A MEDICAID WAIVER PROGRAM . 24 (C) THE COUNCIL SHALL ADHERE TO PERSON –CENTERED THINKING , 25 DIVERSITY, EQUITY, AND INCLUSION PRINCI PLES, AND EVIDENCE –BASED AND 26 DATA–DRIVEN DISCUSSION AN D PROBLEM SOLVING . 27 7–12B–03. 28 (A) (1) THE COUNCIL CONSISTS OF T HE FOLLOWING VOTING MEMBERS, 29 APPOINTED BY THE SECRETARY OF HEALTH: 30 HOUSE BILL 1244 3 (I) 18 20 21 INDIVIDUALS WITH LIV ED EXPERIENCE 1 PARTICIPATING IN AN ADMINISTRATION PROGRA M THAT SHALL INCLUDE : 2 1. REPRESENTATIVES FROM ADVOCACY GROUPS FOR 3 INDIVIDUALS WITH INT ELLECTUAL AND DEVELO PMENTAL DISABILITIES; AND 4 2. EQUAL REPRESENTATION FROM INDIVIDUALS WHO 5 HAVE EXPERIENCED SEL F–DIRECTED DELIVERY MO DELS AND INDIVIDUALS WHO 6 HAVE EXPERIENCED TRA DITIONAL DELIVERY MO DELS; 7 (II) TWO LICENSED PROVIDER S OF RESIDENTIAL AND DAY 8 SERVICES; 9 (III) TWO CERTIFIED PROVIDE RS OF SERVICES INCLU DING 10 EMPLOYMENT , PERSONAL SUPPORT , TECHNOLOGY , AND TRANSPORTATION ; 11 (IV) ONE TWO COORDINATION OF COMM UNITY SERVICES 12 PROVIDER PROVIDERS; 13 (V) ONE FINANCIAL MANAGEM ENT AND COUNSELING S ERVICES 14 PROVIDER; 15 (VI) ONE REPRESENTATIVE OF AN ETHNIC ADVOCACY G ROUP IN 16 THE STATE; 17 (VII) ONE REPRESENTATIVE OF THE MARYLAND CENTER FOR 18 DEVELOPMENTAL DISABILITIES; 19 (VIII) ONE REPRESENTATIVE OF THE MARYLAND 20 DEVELOPMENTAL DISABILITIES COUNCIL; 21 (IX) ONE REPRESENTATIVE OF TH E SELF–DIRECTED 22 ADVOCACY NETWORK OF MARYLAND; 23 (X) ONE REPRESENTATIVE OF THE PARENTS’ PLACE OF 24 MARYLAND; 25 (XI) ONE REPRESENTATIVE OF THE MARYLAND ASSOCIATION 26 OF COMMUNITY SERVICES; 27 (XII) ONE REPRESENTATIVE OF THE ARC MARYLAND; 28 (XIII) ONE INDIVIDUAL WHO IS A SUPPORT BROKER ; 29 4 HOUSE BILL 1244 (XIV) ONE REPRESENTATIVE OF SERVICE COORDINATION , INC.; 1 (XI) (XIII) (XV) THREE FAMILY MEMBERS WITH EXPERIENCE 2 WITH SELF–DIRECTED SERVICES ; AND 3 (XII) (XIV) (XVI) THREE FAMILY MEMBERS WITH EXPERIENCE 4 WITH TRADITIONAL SER VICES. 5 (2) THE COUNCIL CONSISTS OF T HE FOLLOWING NONVOTI NG 6 MEMBERS: 7 (I) ONE MEMBER OF THE SENATE OF MARYLAND, APPOINTED 8 BY THE PRESIDENT OF THE SENATE; 9 (II) ONE MEMBER OF THE HOUSE OF DELEGATES, APPOINTED 10 BY THE SPEAKER OF THE HOUSE; 11 (III) THE DIRECTOR OF FEDERAL PROGRAMS AND INTEGRITY 12 IN THE ADMINISTRATION ; 13 (IV) ONE REPRESENTATIVE OF THE DEPARTMENT OF 14 DISABILITIES, DESIGNATED BY THE SECRETARY OF DISABILITIES; 15 (V) ONE REPRESENTATIVE OF THE DEPARTMENT O F HOUSING 16 AND COMMUNITY DEVELOPMENT , DESIGNATED BY THE SECRETARY OF HOUSING 17 AND COMMUNITY DEVELOPMENT ; 18 (VI) ONE REPRESENTATIVE OF THE DEPARTMENT OF HUMAN 19 SERVICES, DESIGNATED BY THE SECRETARY OF HUMAN SERVICES; 20 (VII) ONE REPRESENTATIVE OF THE DIVISION OF 21 REHABILITATION SERVICES IN THE STATE DEPARTMENT OF EDUCATION, 22 DESIGNATED BY THE STATE SUPERINTENDENT OF SCHOOLS; 23 (VIII) THE FOLLOWING MEMBERS , DESIGNATED BY THE 24 SECRETARY OF HEALTH: 25 1. ONE REPRESENTATIVE OF THE OFFICE OF LONG 26 TERM SERVICES AND SUPPORTS; 27 2. ONE REPRESENTATIVE OF THE BEHAVIORAL 28 HEALTH ADMINISTRATION ; 29 HOUSE BILL 1244 5 3. ONE REPRESENTATIVE OF THE OFFICE OF HEALTH 1 CARE QUALITY; 2 4. ONE REPRESENTATIVE OF THE ELIGIBILITY 3 DETERMINATION DIVISION OF THE OFFICE OF ELIGIBILITY SERVICES; AND 4 5. ONE REPRESENTATIVE OF THE MARYLAND LONG 5 TERM SERVICES AND SUPPORT SYSTEM PROGRA M MANAGEMENT OFFICE ; AND 6 (IX) THE FOLLOWING MEMBERS , APPOINTED BY THE 7 SECRETARY OF HEALTH: 8 1. ONE REPRESENTATIVE OF THE NATIONAL 9 ASSOCIATION OF STATE DIRECTORS OF DEVELOPMENTAL DISABILITIES SERVICES; 10 AND 11 2. ONE REPRESENTATIVE OF APPLIED 12 SELF–DIRECTION. 13 (3) THE LICENSED OR CERTI FIED PROVIDERS ON TH E COUNCIL 14 SHALL INCLUDE REPRES ENTATIVES FROM EACH REGION AND FROM THE 15 MARYLAND ASSOCIATION OF COMMUNITY SERVICES AND THE ARC OF MARYLAND. 16 (4) (3) FAMILY MEMBERS APPOIN TED TO THE COUNCIL SHALL 17 INCLUDE AT LEAST ONE FAMILY MEMBER FROM E ACH REGION. 18 (5) (4) THE ADMINISTRATION SHALL ESTABLISH AN APPLICATION 19 PROCESS AND REVIEW P ROCESS FOR MEMBERS W HO WISH TO SERVE ON THE 20 COUNCIL. 21 (6) (5) TO THE EXTENT PRACTIC ABLE, THE MEMBERSHIP OF TH E 22 COUNCIL SHALL REFLECT THE GENDER , RACIAL, ETHNIC, AND GEOGRAPHICAL 23 DIVERSITY OF THE STATE. 24 (B) (1) THE TERM OF A MEMBER IS 3 YEARS. 25 (2) THE TERMS OF MEMBERS ARE STAGGERED AS REQ UIRED BY THE 26 TERMS PROVIDED FOR T HE MEMBERS OF THE COUNCIL ON OCTOBER 1, 2025. 27 (3) AT THE END OF A TERM , A MEMBER CONTINUES T O SERVE UNTIL 28 A SUCCESSOR IS APPOI NTED AND QUALIFIES . 29 6 HOUSE BILL 1244 (4) A MEMBER WHO IS APPOIN TED AFTER A TERM HAS BEGUN SERVES 1 ONLY FOR THE REST OF THE TERM AND UNTIL A SUCCESSOR IS APPOINT ED AND 2 QUALIFIES. 3 (5) A MEMBER MAY NOT SERVE CONSECUTIVE TERMS BU T MAY SERVE 4 FOR MULTIPLE NONCONS ECUTIVE TERMS . 5 (C) (1) THE DIRECTOR OF FEDERAL PROGRAMS SHALL SERVE AS A 6 NONVOTING COCHAIR . 7 (2) THE COUNCIL SHALL VOTE FO R THE ADDITIONAL COC HAIR. 8 (D) (1) THE ADMINISTRATION SHALL PROVIDE STAFF FOR TH E COUNCIL. 9 (2) THE DEPARTMENT SHALL INCL UDE A DEDICATED COUNCIL 10 WEBPAGE ON THE DEPARTMENT ’S WEBSITE THAT INCLU DES MEETING DATES AN D 11 TIMES, AGENDAS AND OTHER ME ETING DOCUMENTS , AND RECORDED PAST 12 MEETINGS OF THE COUNCIL. 13 (E) A MEMBER OF THE COUNCIL: 14 (1) MAY NOT RECEIVE COMP ENSATION AS A MEMBER OF THE 15 COUNCIL; BUT 16 (2) IS ENTITLED TO REIMBURSEME NT FOR EXPENSES UNDE R THE 17 STANDARD STATE TRAVEL REGULATIONS, AS PROVIDED IN THE STATE BUDGET . 18 (F) THE COUNCIL MAY PROVIDE T RAVEL ARRANGEMENTS , AS NECESSARY , 19 FOR MEMBERS OF THE COUNCIL WITH DISABILI TIES. 20 7–12B–04. 21 (A) (1) THE COUNCIL SHALL MEET ONCE EV ERY 2 MONTHS IN A 22 LOCATION THAT IS MAD E PUBLICLY AVAILABLE AT LEAST 2 WEEKS BEFORE THE 23 MEETING. 24 (2) THE COUNCIL MAY HOLD ADDI TIONAL MEETINGS IF D ETERMINED 25 NECESSARY BY THE COC HAIRS. 26 (3) MEETINGS OF THE COUNCIL SHALL: 27 (I) BE OPEN TO THE PUBLIC AND RECORDED BY VIDEO ; 28 HOUSE BILL 1244 7 (II) FOLLOW AGENDAS THAT A RE DISTRIBUTED AT LE AST 1 1 WEEK BEFORE THE MEET ING TO COUNCIL MEMBERS BY E –MAIL; 2 (III) CONCLUDE WITH A CLEAR UNDERSTANDING OF 3 EXPECTATIONS AND ASS IGNMENTS FOR FUTURE STEPS; 4 (IV) PROVIDE ACCOMMODATION S FOR INDIVIDUALS WI TH 5 DISABILITIES; AND 6 (V) INCLUDE TIME FOR PUBL IC COMMENT AFTER MEE TING 7 AGENDA ITEMS HAVE BE EN ADDRESSED . 8 (4) A MEETING OF THE COUNCIL MAY BE HELD V IRTUALLY IF 9 DETERMINED NECESSARY BY THE COCHAIRS . 10 (5) THE COUNCIL SHALL PROVIDE NOTICE OF ITS MEETIN GS BY 11 E–MAIL TO MEMBERS AT L EAST 1 WEEK BEFORE THE MEET ING AND SHALL INCLUD E 12 AN AGENDA AND ANY DO CUMENTS TO BE REVIEW ED FOR THE MEETING . 13 (6) THE COUNCIL SHALL DISTRIB UTE MEETING MINUTES TO 14 MEMBERS WITHIN 2 WEEKS AFTER EACH COUNCIL MEETING . 15 (B) THE COUNCIL MAY FORM WORK GROUPS THAT MAY MEET AS DIRECTED 16 BY THE COCHAIRS . 17 (C) THE COUNCIL SHALL ESTABLI SH A CODE OF CONDUCT FOR COUNCIL 18 MEETINGS. 19 7–12B–05. 20 (A) THE COUNCIL SHALL PROVIDE ADVICE AND MAKE RECO MMENDATI ONS 21 TO THE ADMINISTRATION ON : 22 (1) ADMINISTRATION –OPERATED MEDICAID WAIVER PROGR AM 23 SYSTEM DESIGN , INCLUDING WAIVER APP LICATION REGULATIONS AND POLICIES; 24 (2) SERVICE DELIVERY AND ACCESS TO SERVICES ; 25 (3) FEDERAL WAIVER ASSURA NCES; 26 (4) ENSURING ACCESS TO MEDICAID SERVICES ; 27 (5) QUALITY ENHANCEMENT E FFORTS AND IMPROVEME NT 28 STRATEGIES; 29 8 HOUSE BILL 1244 (6) COMMUNICATION WITH ST AKEHOLDERS , INCLUDING A 1 TRANSPARENT FEEDBACK PROCESS; AND 2 (7) COLLABORATIVE PROCESS ES WITH STAKEHOLDERS . 3 (B) (1) THE COUNCIL SHALL VOTE ON THE ADVICE A ND 4 RECOMMENDATIONS TO P ROVIDE TO THE ADMINISTRATION UNDER SUBSECTION (A) 5 OF THIS SECTION. 6 (2) THE COUNCIL SHALL ATTEMPT TO REACH CONSENSUS A ND ALL 7 MEMBERS SHALL BE AFF ORDED AN OPPORTUNITY TO BE HEARD. 8 (3) IF CONSENSUS CANNOT B E REACHED ON A PARTICULA R ISSUE, 9 THE COUNCIL MAY VOTE WITH A 75% AGREEMENT THRESHOLD . 10 (4) (I) A COUNCIL MEMBER MAY NO T VOTE ON ANOTHER 11 MEMBER’S BEHALF. 12 (II) A COUNCIL MEMBER MAY DE SIGNATE A PROXY FOR THE 13 MEMBER. 14 (III) A COUNCIL MEMBER ’S PROXY MAY VO TE ON BEHALF OF A 15 MEMBER ONLY IF THE P ROXY IS ATTENDING TH E MEETING FOR THE ME MBER. 16 (IV) A COUNCIL MEMBER ’S PROXY MAY NOT VOTE ON BEHALF OF 17 THE PROXY. 18 SECTION 2. AND BE IT FURTHER ENACTED, That the terms of the initial voting 19 members of the Maryland Development Disabilities Administration Waiver Advisory 20 Council shall expire as follows: 21 (1) 18 20 22 members in 2027; and 22 (2) 17 19 21 members in 2028. 23 SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 24 October 1, 2025. 25