Maryland 2025 Regular Session

Maryland House Bill HB1289 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 EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	hb1289
6	6
7	7	HOUSE BILL 1289
8	8	J1 5lr3397
9	9	HB 1396/24 – HGO
10	10	By: Delegates Howard, Buckel, and Hornberger
11	11	Introduced and read first time: February 7, 2025
12	12	Assigned to: Health and Government Operations
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Drug and Alcohol Treatment Programs – Discharge of Patients and Referral 2
19	19	Services – Standards 3
20	20
21	21	FOR the purpose of requiring the Maryland Department of Health to establish by 4
22	22	regulation standards relating to the discharge of patients from drug and alcohol 5
23	23	treatment programs and certain referral services offered to patients by certain drug 6
24	24	and alcohol treatment programs; and generally relating to the Maryland Department 7
25	25	of Health and standards applicable to drug and alcohol treatment programs in the 8
26	26	State. 9
27	27
28	28	BY adding to 10
29	29	Article – Health – General 11
30	30	Section 7.5–402.1 12
31	31	Annotated Code of Maryland 13
32	32	(2023 Replacement Volume and 2024 Supplement) 14
33	33
34	34	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15
35	35	That the Laws of Maryland read as follows: 16
36	36
37	37	Article – Health – General 17
38	38
39	39	7.5–402.1. 18
40	40
41	41	(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 19
42	42	INDICATED. 20
43	43
44	44	(2) “ASAM LEVEL 3.1 SERVICES” HAS THE MEANING STAT ED IN § 21
45	45	7.5–601 OF THIS TITLE. 22
46	46
47	47	(3) “TREATMENT PROGRAM ” MEANS AN ENTITY THAT : 23 2 HOUSE BILL 1289
48	48
49	49
50	50
51	51	(I) PROVIDES TREATMENT , CARE, OR REHABILITATION FO R 1
52	52	PATIENTS WHO SHOW TH E EFFECTS OF DRUG OR ALCOHOL ABUSE ; 2
53	53
54	54	(II) REPRESENTS OR ADVERTISES ITSELF AS AN ALCOHOL OR 3
55	55	OTHER DRUG ABUSE TRE ATMENT PROGRAM ; AND 4
56	56
57	57	(III) IS REQUIRED TO OBTAIN A CERTIFICATION FROM THE 5
58	58	ADMINISTRATION TO PRO VIDE DRUG AND ALCOHO L TREATMENT SERVICES IN THE 6
59	59	STATE. 7
60	60
61	61	(B) (1) THE DEPARTMENT SHALL ESTA BLISH BY REGU LATION 8
62	62	STANDARDS FOR THE DI SCHARGE OF PATIENTS FROM TREATMENT PROGR AMS. 9
63	63
64	64	(2) THE STANDARDS ESTABLI SHED IN REGULATION U NDER 10
65	65	PARAGRAPH (1) OF THIS SUBSECTION S HALL: 11
66	66
67	67	(I) REQUIRE THAT A DISCHA RGE FROM A TREATMENT 12
68	68	PROGRAM BE APPROPRIA TE FOR THE PATIENT ’S MENTAL HEALTH OR SUB STANCE 13
69	69	USE DISORDER DIAGNOS IS; 14
70	70
71	71	(II) 1. PROHIBIT A TREATMENT PROGRAM FROM 15
72	72	DISCHARGING THE PATI ENT IF THE PATIENT : 16
73	73
74	74	A. WILL BE HOMELESS OR R ESIDE IN A HOMELESS 17
75	75	SHELTER ON DISCHARGE ; AND 18
76	76
77	77	B. NEEDS TO RECEIVE CARE IN A RESIDENTI AL 19
78	78	PROGRAM BASED ON THE ASSESSMENT CONDUCTED OR UNDER THE TREATME NT 20
79	79	PLAN PREPARED FOR TH E PATIENT; AND 21
80	80
81	81	2. REQUIRE A TREATMENT P ROGRAM TO REFER THE 22
82	82	PATIENT WHO MEETS TH E CRITERIA UNDER ITE M 1 OF THIS ITEM TO RECE IVE CARE 23
83	83	IN A HALFWAY HOUSE T HAT PROVIDE S ASAM LEVEL 3.1 SERVICES OR AN 24
84	84	APPROPRIATE RECOVERY RESIDENCE IF THE PAT IENT IS WILLING TO R ECEIVE THIS 25
85	85	LEVEL OF CARE; 26
86	86
87	87	(III) BEFORE OR AT THE TIME OF DISCHARGE , REQUIRE A 27
88	88	TREATMENT PROGRAM TO REFER AND FACILITATE ENTRY OF A PATIENT I NTO A 28
89	89	PROGRAM OR S ERVICE IDENTIFIED AS A NEED FOR THE PATIE NT UNDER THE 29
90	90	ASSESSMENT CONDUCTED OR UNDER THE TREATME NT PLAN PREPARED FOR THE 30
91	91	PATIENT, INCLUDING PROGRAMS O R SERVICES TO: 31
92	92	HOUSE BILL 1289 3
93	93
94	94
95	95	1. ADDRESS NEEDS RELATIN G TO: 1
96	96
97	97	A. PHYSICAL AND MENTAL H EALTH; 2
98	98
99	99	B. EMPLOYMENT OR FINANCIAL SUPPORT ; 3
100	100
101	101	C. DRUG AND ALCOHOL TREA TMENT AT THE ASAM 4
102	102	LEVEL APPROPRIATE FO R THE PATIENT; 5
103	103
104	104	D. LEGAL REPRESENTATION AND ASSISTANCE ; 6
105	105
106	106	E. FAMILY AND SOCIAL MAT TERS; AND 7
107	107
108	108	F. EDUCATION; AND 8
109	109
110	110	2. PROVIDE APPROPRIATE I NDIVIDUALIZED 9
111	111	INTERVENTIONS FOR TH E PATIENT, INCLUDING: 10
112	112
113	113	A. SHORT– AND LONG–RANGE TREATMENT ; 11
114	114
115	115	B. CLINICAL SERVICES , INCLUDING INDIVIDUAL , 12
116	116	GROUP, AND FAMILY COUNSELIN G; 13
117	117
118	118	C. SELF–HELP GROUPS ; AND 14
119	119
120	120	D. OTHER ANCILLARY SERVI CES SPECIFIED IN THE 15
121	121	TREATMENT PLAN ; 16
122	122
123	123	(IV) IF THE PATIENT IS TRA NSITIONING FROM ONE 17
124	124	RESIDENTIAL TREATMEN T PROGRAM TO ANOTHER RESIDENTIAL TREATMEN T 18
125	125	PROGRAM, REQUIRE THAT THE REF ERRAL FOR ANY OUTPAT IENT SERVICES LISTED 19
126	126	UNDER ITEM (III) OF THIS PARAGRAPH AND NOT PROVIDED BY THE RECEIVING 20
127	127	TREATMENT PROGRAM BE I N PLACE BEFORE THE T RANSFER OF THE PATIE NT TO 21
128	128	THE RECEIVING TREATM ENT PROGRAM ; AND 22
129	129
130	130	(V) IF THE PATIENT IS TRA NSITIONING TO A HOME LESS 23
131	131	SHELTER, REQUIRE THAT THE REF ERRAL FOR ANY OUTPAT IENT SERVICES LISTED 24
132	132	UNDER ITEM (III) OF THIS PARAGRAPH AND NOT PROVIDED BY THE HOMELESS 25
133	133	SHELTER BE IN PLACE BEFORE THE TRANSFER OF THE PATIENT TO TH E HOMELESS 26
134	134	SHELTER. 27
135	135
136	136	(C) (1) THIS SUBSECTION APPLI ES TO: 28
137	137	4 HOUSE BILL 1289
138	138
139	139
140	140	(I) AN ASAM LEVEL 3.3 CLINICALLY MANAGED M EDIUM 1
141	141	INTENSITY TREATMENT PROGRAM; AND 2
142	142
143	143	(II) AN ASAM LEVEL 3.5 CLINICALLY MANAGED H IGH 3
144	144	INTENSITY RESIDENTIA L PROGRAM. 4
145	145
146	146	(2) THE DEPARTMENT SHALL ESTA BLISH BY REGULATION 5
147	147	STANDARDS FOR REFERR AL SERVICES OFFERED TO PATIENTS BY TREAT MENT 6
148	148	PROGRAMS SUBJECT TO THIS SUBSECTION . 7
149	149
150	150	(3) THE STANDARDS ESTABLI SHED B Y REGULATION UNDER 8
151	151	PARAGRAPH (2) OF THIS SUBSECTION S HALL: 9
152	152
153	153	(I) 1. REQUIRE A TREATMENT P ROGRAM TO IMPLEMENT AN 10
154	154	AGREEMENT REFERRING A PATIENT TO RECEIVE SERVICES WITHIN 3 WORKING 11
155	155	DAYS AFTER SIGNING AN INDIVIDUA LIZED TREATMENT PLAN WHEN THE PLAN 12
156	156	INCLUDES REFERRAL SERVICES FO R: 13
157	157
158	158	A. MEDICAL CARE; 14
159	159
160	160	B. SERVICES THROUGH THE MARYLAND DIVISION OF 15
161	161	REHABILITATION SERVICES; 16
162	162
163	163	C. MENTAL HEALTH SERVICE S; 17
164	164
165	165	D. SUBSTANCE ABUSE TREAT MENT; 18
166	166
167	167	E. LEGAL REPRESENTATION OR ASSISTANCE; 19
168	168
169	169	F. FAMILY SERVICES ; OR 20
170	170
171	171	G. SOCIAL SERVICES; AND 21
172	172
173	173	2. REQUIRE THE INDIVIDUA LIZED TREATMENT PLAN TO 22
174	174	INCLUDE A PLAN FOR H OW THE PATIENT WILL ACCESS THE SERVICES LISTED UNDER 23
175	175	ITEM 1 OF THIS ITEM; AND 24
176	176
177	177	(II) REQUIRE THAT TREATMEN T PROGRAM REFERRAL 25
178	178	AGREEMENTS REMAIN VA LID IN THE EVENT OF A PA TIENT’S DISCHARGE FROM A 26
179	179	TREATMENT PROGRAM TO ENSURE THE CONTINUIT Y OF RECEIPT OF THE REFERRAL 27
180	180	SERVICES BY THE PATI ENT. 28
181	181
182	182	SECTION 2. AND BE IT FURTHER ENACTED, That, on or before December 1, 29
183	183	2025, the Maryland Department of Health shall submit a report to the Governor and, in 30 HOUSE BILL 1289 5
184	184
185	185
186	186	accordance with § 2–1257 of the State Government Article, the General Assembly that 1
187	187	includes: 2
188	188
189	189	(1) the status of the adoption and revision of regulations to implement the 3
190	190	requirements of this Act and Chapter 580 of the Acts of the General Assembly of 2017; and 4
191	191
192	192	(2) a plan for the enforcement of the statutory and regulatory requirements 5
193	193	under this Act and Chapter 580 of the Acts of the General Assembly of 2017. 6
194	194
195	195	SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect June 7
196	196	1, 2025. 8
197	197