EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb1289*
HOUSE BILL 1289
J1 5lr3397
HB 1396/24 – HGO
By: Delegates Howard, Buckel, and Hornberger
Introduced and read first time: February 7, 2025
Assigned to: Health and Government Operations
A BILL ENTITLED
AN ACT concerning 1
Drug and Alcohol Treatment Programs – Discharge of Patients and Referral 2
Services – Standards 3
FOR the purpose of requiring the Maryland Department of Health to establish by 4
regulation standards relating to the discharge of patients from drug and alcohol 5
treatment programs and certain referral services offered to patients by certain drug 6
and alcohol treatment programs; and generally relating to the Maryland Department 7
of Health and standards applicable to drug and alcohol treatment programs in the 8
State. 9
BY adding to 10
Article – Health – General 11
Section 7.5–402.1 12
Annotated Code of Maryland 13
(2023 Replacement Volume and 2024 Supplement) 14
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15
That the Laws of Maryland read as follows: 16
Article – Health – General 17
7.5–402.1. 18
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 19
INDICATED. 20
(2) “ASAM LEVEL 3.1 SERVICES” HAS THE MEANING STAT ED IN § 21
7.5–601 OF THIS TITLE. 22
(3) “TREATMENT PROGRAM ” MEANS AN ENTITY THAT : 23 2 HOUSE BILL 1289
(I) PROVIDES TREATMENT , CARE, OR REHABILITATION FO R 1
PATIENTS WHO SHOW TH E EFFECTS OF DRUG OR ALCOHOL ABUSE ; 2
(II) REPRESENTS OR ADVERTISES ITSELF AS AN ALCOHOL OR 3
OTHER DRUG ABUSE TRE ATMENT PROGRAM ; AND 4
(III) IS REQUIRED TO OBTAIN A CERTIFICATION FROM THE 5
ADMINISTRATION TO PRO VIDE DRUG AND ALCOHO L TREATMENT SERVICES IN THE 6
STATE. 7
(B) (1) THE DEPARTMENT SHALL ESTA BLISH BY REGU LATION 8
STANDARDS FOR THE DI SCHARGE OF PATIENTS FROM TREATMENT PROGR AMS. 9
(2) THE STANDARDS ESTABLI SHED IN REGULATION U NDER 10
PARAGRAPH (1) OF THIS SUBSECTION S HALL: 11
(I) REQUIRE THAT A DISCHA RGE FROM A TREATMENT 12
PROGRAM BE APPROPRIA TE FOR THE PATIENT ’S MENTAL HEALTH OR SUB STANCE 13
USE DISORDER DIAGNOS IS; 14
(II) 1. PROHIBIT A TREATMENT PROGRAM FROM 15
DISCHARGING THE PATI ENT IF THE PATIENT : 16
A. WILL BE HOMELESS OR R ESIDE IN A HOMELESS 17
SHELTER ON DISCHARGE ; AND 18
B. NEEDS TO RECEIVE CARE IN A RESIDENTI AL 19
PROGRAM BASED ON THE ASSESSMENT CONDUCTED OR UNDER THE TREATME NT 20
PLAN PREPARED FOR TH E PATIENT; AND 21
2. REQUIRE A TREATMENT P ROGRAM TO REFER THE 22
PATIENT WHO MEETS TH E CRITERIA UNDER ITE M 1 OF THIS ITEM TO RECE IVE CARE 23
IN A HALFWAY HOUSE T HAT PROVIDE S ASAM LEVEL 3.1 SERVICES OR AN 24
APPROPRIATE RECOVERY RESIDENCE IF THE PAT IENT IS WILLING TO R ECEIVE THIS 25
LEVEL OF CARE; 26
(III) BEFORE OR AT THE TIME OF DISCHARGE , REQUIRE A 27
TREATMENT PROGRAM TO REFER AND FACILITATE ENTRY OF A PATIENT I NTO A 28
PROGRAM OR S ERVICE IDENTIFIED AS A NEED FOR THE PATIE NT UNDER THE 29
ASSESSMENT CONDUCTED OR UNDER THE TREATME NT PLAN PREPARED FOR THE 30
PATIENT, INCLUDING PROGRAMS O R SERVICES TO: 31
HOUSE BILL 1289 3
1. ADDRESS NEEDS RELATIN G TO: 1
A. PHYSICAL AND MENTAL H EALTH; 2
B. EMPLOYMENT OR FINANCIAL SUPPORT ; 3
C. DRUG AND ALCOHOL TREA TMENT AT THE ASAM 4
LEVEL APPROPRIATE FO R THE PATIENT; 5
D. LEGAL REPRESENTATION AND ASSISTANCE ; 6
E. FAMILY AND SOCIAL MAT TERS; AND 7
F. EDUCATION; AND 8
2. PROVIDE APPROPRIATE I NDIVIDUALIZED 9
INTERVENTIONS FOR TH E PATIENT, INCLUDING: 10
A. SHORT– AND LONG–RANGE TREATMENT ; 11
B. CLINICAL SERVICES , INCLUDING INDIVIDUAL , 12
GROUP, AND FAMILY COUNSELIN G; 13
C. SELF–HELP GROUPS ; AND 14
D. OTHER ANCILLARY SERVI CES SPECIFIED IN THE 15
TREATMENT PLAN ; 16
(IV) IF THE PATIENT IS TRA NSITIONING FROM ONE 17
RESIDENTIAL TREATMEN T PROGRAM TO ANOTHER RESIDENTIAL TREATMEN T 18
PROGRAM, REQUIRE THAT THE REF ERRAL FOR ANY OUTPAT IENT SERVICES LISTED 19
UNDER ITEM (III) OF THIS PARAGRAPH AND NOT PROVIDED BY THE RECEIVING 20
TREATMENT PROGRAM BE I N PLACE BEFORE THE T RANSFER OF THE PATIE NT TO 21
THE RECEIVING TREATM ENT PROGRAM ; AND 22
(V) IF THE PATIENT IS TRA NSITIONING TO A HOME LESS 23
SHELTER, REQUIRE THAT THE REF ERRAL FOR ANY OUTPAT IENT SERVICES LISTED 24
UNDER ITEM (III) OF THIS PARAGRAPH AND NOT PROVIDED BY THE HOMELESS 25
SHELTER BE IN PLACE BEFORE THE TRANSFER OF THE PATIENT TO TH E HOMELESS 26
SHELTER. 27
(C) (1) THIS SUBSECTION APPLI ES TO: 28
4 HOUSE BILL 1289
(I) AN ASAM LEVEL 3.3 CLINICALLY MANAGED M EDIUM 1
INTENSITY TREATMENT PROGRAM; AND 2
(II) AN ASAM LEVEL 3.5 CLINICALLY MANAGED H IGH 3
INTENSITY RESIDENTIA L PROGRAM. 4
(2) THE DEPARTMENT SHALL ESTA BLISH BY REGULATION 5
STANDARDS FOR REFERR AL SERVICES OFFERED TO PATIENTS BY TREAT MENT 6
PROGRAMS SUBJECT TO THIS SUBSECTION . 7
(3) THE STANDARDS ESTABLI SHED B Y REGULATION UNDER 8
PARAGRAPH (2) OF THIS SUBSECTION S HALL: 9
(I) 1. REQUIRE A TREATMENT P ROGRAM TO IMPLEMENT AN 10
AGREEMENT REFERRING A PATIENT TO RECEIVE SERVICES WITHIN 3 WORKING 11
DAYS AFTER SIGNING AN INDIVIDUA LIZED TREATMENT PLAN WHEN THE PLAN 12
INCLUDES REFERRAL SERVICES FO R: 13
A. MEDICAL CARE; 14
B. SERVICES THROUGH THE MARYLAND DIVISION OF 15
REHABILITATION SERVICES; 16
C. MENTAL HEALTH SERVICE S; 17
D. SUBSTANCE ABUSE TREAT MENT; 18
E. LEGAL REPRESENTATION OR ASSISTANCE; 19
F. FAMILY SERVICES ; OR 20
G. SOCIAL SERVICES; AND 21
2. REQUIRE THE INDIVIDUA LIZED TREATMENT PLAN TO 22
INCLUDE A PLAN FOR H OW THE PATIENT WILL ACCESS THE SERVICES LISTED UNDER 23
ITEM 1 OF THIS ITEM; AND 24
(II) REQUIRE THAT TREATMEN T PROGRAM REFERRAL 25
AGREEMENTS REMAIN VA LID IN THE EVENT OF A PA TIENT’S DISCHARGE FROM A 26
TREATMENT PROGRAM TO ENSURE THE CONTINUIT Y OF RECEIPT OF THE REFERRAL 27
SERVICES BY THE PATI ENT. 28
SECTION 2. AND BE IT FURTHER ENACTED, That, on or before December 1, 29
2025, the Maryland Department of Health shall submit a report to the Governor and, in 30 HOUSE BILL 1289 5
accordance with § 2–1257 of the State Government Article, the General Assembly that 1
includes: 2
(1) the status of the adoption and revision of regulations to implement the 3
requirements of this Act and Chapter 580 of the Acts of the General Assembly of 2017; and 4
(2) a plan for the enforcement of the statutory and regulatory requirements 5
under this Act and Chapter 580 of the Acts of the General Assembly of 2017. 6
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect June 7
1, 2025. 8