EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0962*
HOUSE BILL 962
J1, J3 5lr2475
CF SB 696
By: Delegate Pena–Melnyk
Introduced and read first time: January 31, 2025
Assigned to: Health and Government Operations and Appropriations
A BILL ENTITLED
AN ACT concerning 1
Public Health – Pediatric Hospital Overstay Patients 2
FOR the purpose of specifying that the scope of the Maryland Mental Health and Substance 3
Use Disorder Registry and Referral System includes both private and State inpatient 4
and outpatient mental health and substance use services; requiring the Maryland 5
Department of Health, in coordination with the Department of Human Services, to 6
ensure pediatric hospital overstay patients are placed in the least restrictive setting 7
possible; authorizing a hospital to concurrently explore in–State and out–of–state 8
placements for pediatric hospital overstay patients; establishing the Pediatric 9
Hospital Overstay Coordinator within the Governor’s Office for Children; requiring 10
the Maryland Department of Health to conduct a certain study and review of 11
residential treatment center and respite facility rates; and generally relating to 12
pediatric hospital overstay patients. 13
BY repealing and reenacting, with amendments, 14
Article – Health – General 15
Section 7.5–802(a) and (d) 16
Annotated Code of Maryland 17
(2023 Replacement Volume and 2024 Supplement) 18
BY adding to 19
Article – Health – General 20
Section 19–388 through 19–390 to be under the new part “Part XII. Pediatric 21
Overstay” 22
Annotated Code of Maryland 23
(2023 Replacement Volume and 2024 Supplement) 24
BY repealing and reenacting, with amendments, 25
Article – State Government 26
Section 9–2801 27
Annotated Code of Maryland 28 2 HOUSE BILL 962
(2021 Replacement Volume and 2024 Supplement) 1
BY adding to 2
Article – State Government 3
Section 9–2806 4
Annotated Code of Maryland 5
(2021 Replacement Volume and 2024 Supplement) 6
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 7
That the Laws of Maryland read as follows: 8
Article – Health – General 9
7.5–802. 10
(a) (1) There is a Maryland Mental Health and Substance Use Disorder 11
Registry and Referral System in the Department. 12
(2) The purpose of the Registry and Referral System is to provide a 13
statewide system through which health care providers can identify and access available 14
PRIVATE AND STATE inpatient and outpatient mental health and substance use services 15
for patients in a seamless manner. 16
(3) Subject to the availability of funds, the Department shall develop and 17
implement the Registry and Referral System, in collaboration with the State–designated 18
Health Information Exchange. 19
(4) The Registry and Referral System shall include: 20
(i) A searchable inventory of any PRIVATE OR STATE provider of 21
mental health and substance use disorder services, including inpatient, crisis, and 22
outpatient services; 23
(ii) The capability to allow a provider of mental health and substance 24
use disorder services to update registry information including the real–time availability of 25
services; and 26
(iii) An electronic referral system that is available to any health care 27
provider in the State to facilitate electronic referrals to mental health and substance use 28
disorder providers. 29
(d) Each PRIVATE AND STATE hospital shall ensure the availability of staff to 30
identify appropriate and available services for patients in the hospital who are in need of 31
mental health or substance use disorder services and to assist the patient in accessing the 32
services. 33
19–386. RESERVED. 34 HOUSE BILL 962 3
19–387. RESERVED. 1
PART XII. PEDIATRIC OVERSTAY. 2
19–388. 3
IN THIS PART, “PEDIATRIC HOSPITAL O VERSTAY PATIENT ” MEANS A PATIENT 4
UNDER THE AGE OF 22 YEARS WHO REMAINS IN AN IN PATIENT UNIT OR EMER GENCY 5
DEPARTMENT OF A HOSP ITAL FOR MORE THAN 24 HOURS AFTER BEING ME DICALLY 6
CLEARED FOR DISCHARG E OR TRANSFER . 7
19–389. 8
(A) THE DEPARTMENT , IN COORDINATION WITH THE DEPARTMENT OF 9
HUMAN SERVICES, SHALL ENSURE THAT A PEDIATRIC HOSPITAL OVERSTAY 10
PATIENT IS TRANSFERR ED TO AND TREATED IN THE LEAST RESTRICTIV E SETTING 11
POSSIBLE. 12
(B) NOTWITHSTANDING ANY O THER PROVISION OF LA W, TO ENSURE THAT 13
A PEDIATRIC HOSPITAL OVERSTAY PATIENT IS TREATED IN THE LEAST RESTRICTIVE 14
SETTING, A HOSPITAL MAY CONCU RRENTLY EXPLORE IN –STATE AND 15
OUT–OF–STATE PLACEMENT OPTI ONS. 16
19–390. 17
(A) (1) FOR FISCAL YEAR 2026, THE GOVERNOR MAY INCLUDE IN THE 18
ANNUAL BUDGET BILL A N APPROPRIATION SUFF ICIENT TO FILL ALL P OSITIONS 19
AUTHORIZED FOR A REGIONAL INSTITUTE FOR CHILDREN AND ADOLESCENTS IN 20
THE STATE. 21
(2) FOR FISCAL YEAR 2027 AND EACH FISCAL YEAR THEREAFTER , 22
THE GOVERNOR SHALL INCLUD E IN THE ANNUAL BUDG ET BILL AN APPROPRIA TION 23
SUFFICIENT TO FILL A LL POSITIONS AUTHORI ZED FOR A REGIONAL INSTITUTE FOR 24
CHILDREN AND ADOLESCENTS IN THE STATE. 25
(B) THE GOVERNOR MAY USE FUNDS DESIGN ATED FOR THE ADOLESCENT 26
HOSPITAL OVERSTAY PROGRAM FOR THE PURPO SES IDENTIFIED IN SU BSECTION 27
(A) OF THIS SECTION. 28
Article – State Government 29
9–2801. 30
4 HOUSE BILL 962
(a) In this subtitle the following words have the meanings indicated. 1
(B) “COORDINATOR” MEANS THE PEDIATRIC HOSPITAL OVERSTAY 2
COORDINATOR WITHIN TH E GOVERNOR’S OFFICE FOR CHILDREN. 3
[(b)] (C) “Eligible neighborhood” means a neighborhood that includes census 4
tracts with more than 30% of children living in poverty and is served by, as defined by the 5
Office, a community school with a concentration of poverty level, as defined in § 5–223 of 6
the Education Article, of: 7
(1) in fiscal year 2025 and 2026, at least 80%; 8
(2) in fiscal year 2027 through fiscal year 2029, at least 75%; 9
(3) in fiscal year 2030, at least 60%; and 10
(4) in fiscal year 2031, and each fiscal year thereafter, at least 55%. 11
[(c)] (D) “Fund” means the ENOUGH Grant Fund. 12
[(d)] (E) “Office” means the Governor’s Office for Children. 13
(F) “PEDIATRIC HOSPITAL OV ERSTAY PATIENT” HAS THE MEANING STAT ED 14
IN § 19–388 OF THE HEALTH – GENERAL ARTICLE. 15
[(e)] (G) “Program” means the Engaging Neighborhoods, Organizations, Unions, 16
Governments, and Households (ENOUGH) Grant Program. 17
[(f)] (H) “Special Secretary” means the Special Secretary of the Governor’s 18
Office for Children. 19
9–2806. 20
(A) THERE IS A PEDIATRIC HOSPITAL OVERSTAY COORDINATOR WITHIN 21
THE OFFICE. 22
(B) THE COORDINATOR SHALL ACT IN THE BEST INTEREST OF A PEDIATRIC 23
HOSPITAL OVERSTAY PA TIENT BY COORDINATIN G BETWEEN RELEVANT STATE 24
AGENCIES AND PROGRAM S, INCLUDING PUBLIC BEH AVIORAL HEALTH CARE 25
COORDINATION PROGRAM S. 26
(C) (1) ON OR BEFORE JANUARY 1, 2026, THE OFFICE AND THE 27
COORDINATOR SHALL ENT ER INTO A MEMORANDUM OF UNDERSTANDING WIT H THE 28
MARYLAND DEPARTMENT OF HEALTH, THE DEPARTMENT OF HUMAN SERVICES, 29
AND ANY OTHER RELEVA NT STATE AGENCY FOR THE SHARING AND STORAGE OF 30 HOUSE BILL 962 5
INFORMATION AND DATA RELATED TO PEDIATRIC HOSPITAL OVERSTAY PA TIENTS 1
IN THE STATE. 2
(2) THE MEMORANDUM OF UND ERSTANDING SHALL GOV ERN THE 3
ACCESS, USE, MAINTENANCE , DISCLOSURE, AND REDISCLOSURE OF PROTECTED 4
HEALTH INFORMATION I N ACCORDANCE WITH FE DERAL AND STATE LAW, 5
INCLUDING THE FEDERAL HEALTH INSURANCE PORTABILITY AND 6
ACCOUNTABILITY ACT. 7
(D) THE COORDINATOR SHALL : 8
(1) WORK INDEPENDENTLY A ND IMPARTIALLY , WHILE MAINTAINING 9
APPROPRIATE PATIENT CONFIDENTIALITY , TO ADVOCATE ON BEHAL F OF 10
PEDIATRIC HOSPITAL O VERSTAY PATIENTS ; 11
(2) REVIEW POLICIES AND PROCEDURES OF RELEVA NT STATE 12
AGENCIES AND MAKE RECOMMENDATIONS FOR NECESSARY CHANGE S TO THE 13
POLICIES OR PROCEDUR ES TO BETTER SERVE P EDIATRIC HOSPITAL OV ERSTAY 14
PATIENTS; AND 15
(3) MAINTAIN DATA ON EAC H PEDIATRIC HOSPITAL OVERSTAY 16
PATIENT, INCLUDING: 17
(I) THE PATIENT’S LENGTH OF STAY ; 18
(II) THE RESPONSIBLE STATE AGENCY, IF APPLICABLE; 19
(III) SERVICES NEEDED ; 20
(IV) PLACEMENT OPTIONS BE ING SOUGHT BY THE PA TIENT; 21
(V) INFORMATION REGARDIN G PREVIOUS HOSPITAL 22
ADMISSIONS FOR A BEH AVIORAL HEALTH DIAGN OSIS; AND 23
(VI) ANY OTHER RELEVANT D ATA. 24
(E) ON OR BEFORE OCTOBER 1 EACH YEAR, BEGINNING IN 2026, THE 25
COORDINATOR SHALL REP ORT TO THE GOVERNOR AND , IN ACCORDANCE WITH § 26
2–1257 OF THIS ARTICLE , THE SENATE FINANCE COMMITTEE AND THE HOUSE 27
HEALTH AND GOVERNMENT OPERATIONS COMMITTEE ON THE NUMB ER OF 28
PEDIATRIC HOSPITAL O VERSTAY PATIENTS IN THE STATE AND DE –IDENTIFIED 29
INFORMATION RELATED TO ACTION PLANS IN P LACE TO ACHIEVE APPR OPRIATE 30
PLACEMENT . 31 6 HOUSE BILL 962
SECTION 2. AND BE IT FURTHER ENACTED, That: 1
(a) The Maryland Department of Health shall: 2
(1) review the reimbursement rates paid to residential treatment centers 3
and respite care facilities in the State and determine the reimbursement rate that would 4
be necessary to cover the cost of care and prevent future bed closures in residential 5
treatment centers and respite care facilities in the State; and 6
(2) study the implementation of a prospective payment model for 7
residential treatment centers and respite care facilities in the State with the goal of 8
incentivizing the expansion of residential treatment center and respite care facility capacity 9
in the State. 10
(b) On or before December 1, 2025, the Department shall report the findings and 11
recommendations from the review and study conducted under subsection (a) of this section 12
to the Governor and, in accordance with § 2–1257 of the State Government Article, the 13
Senate Finance Committee and the House Health and Government Operations Committee. 14
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect July 15
1, 2025. 16