Maryland 2025 Regular Session

Maryland House Bill HB962 Compare Versions

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33 EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
44 [Brackets] indicate matter deleted from existing law.
55 Underlining indicates amendments to bill.
66 Strike out indicates matter stricken from the bill by amendment or deleted from the law by
77 amendment.
8- Italics indicate opposite chamber/conference committee amendments.
98 *hb0962*
109
1110 HOUSE BILL 962
12-J1, J3 (5lr2475)
13-ENROLLED BILL
14-— Health and Government Operations and Appropriations/Finance —
15-Introduced by Delegate Pena–Melnyk Delegates Pena–Melnyk, Griffith, Cullison,
16-Bagnall, Bhandari, Guzzone, Hill, Hutchinson, Kaiser, Kerr, Lopez,
17-Martinez, Reilly, Rosenberg, Ross, Szeliga, Taveras, Woods, and Woorman
18-
19-Read and Examined by Proofreaders:
20-
21-_______________________________________________
22-Proofreader.
23-_______________________________________________
24-Proofreader.
25-
26-Sealed with the Great Seal and presented to the Governor, for his approval this
27-
28-_______ day of _______________ at ________________________ o’clock, ________M.
29-
30-______________________________________________
31-Speaker.
11+J1, J3 5lr2475
12+ CF SB 696
13+By: Delegate Pena–Melnyk Delegates Pena–Melnyk, Griffith, Cullison, Bagnall,
14+Bhandari, Guzzone, Hill, Hutchinson, Kaiser, Kerr, Lopez, Martinez, Reilly,
15+Rosenberg, Ross, Szeliga, Taveras, Woods, and Woorman
16+Introduced and read first time: January 31, 2025
17+Assigned to: Health and Government Operations and Appropriations
18+Committee Report: Favorable with amendments
19+House action: Adopted
20+Read second time: March 15, 2025
3221
3322 CHAPTER ______
3423
3524 AN ACT concerning 1
3625
3726 Public Health – Pediatric Hospital Overstay Patients and Workgroup on 2
3827 Children in Unlicensed Settings and Pediatric Overstays 3
3928
4029 FOR the purpose of specifying that the scope of the Maryland Mental Health and Substance 4
4130 Use Disorder Registry and Referral System includes both private and State inpatient 5
4231 and outpatient mental health and substance use services; requiring the Maryland 6
43-Department of Health, in coordination with and the Department of Human Services, 7
44-under certain circumstances, to ensure pediatric hospital overstay patients are 8
45-placed in the least restrictive setting when clinically indicated and when possible; 9
46-authorizing a hospital to concurrently explore in–State and out–of–state placements 10
47-for pediatric hospital overstay patients; establishing the requiring the Maryland 11
48-Department of Health and the Department of Human Services to establish a 12
49-Pediatric Hospital Overstay Coordinator within the Governor’s Office for Children; 13 2 HOUSE BILL 962
32+Department of Health, in coordination with the Department of Human Services, to 7
33+ensure pediatric hospital overstay patients are placed in the least restrictive setting 8
34+when clinically indicated and when possible; authorizing a hospital to concurrently 9
35+explore in–State and out–of–state placements for pediatric hospital overstay 10
36+patients; establishing the requiring the Maryland Department of Health and the 11
37+Department of Human Services to establish a Pediatric Hospital Overstay 12
38+Coordinator within the Governor’s Office for Children; requiring the Maryland 13
39+Department of Health to conduct a certain study and review of residential treatment 14
40+center and respite facility rates; each department; establishing the Workgroup on 15
41+Children in Unlicensed Settings and Pediatric Overstays in the State; and generally 16
42+relating to pediatric hospital overstay patients and children in unlicensed settings. 17
43+
44+BY repealing and reenacting, with amendments, 18
45+ Article – Health – General 19
46+ Section 7.5–802(a) and (d) 20
47+ Annotated Code of Maryland 21
48+ (2023 Replacement Volume and 2024 Supplement) 22 2 HOUSE BILL 962
5049
5150
52-requiring the Maryland Department of Health to conduct a certain study and review 1
53-of residential treatment center and respite facility rates; each department; 2
54-establishing the Workgroup on Children in Unlicensed Settings and Pediatric 3
55-Overstays in the State; and generally relating to pediatric hospital overstay patients 4
56-and children in unlicensed settings. 5
5751
58-BY repealing and reenacting, with amendments, 6
59- Article – Health – General 7
60- Section 7.5–802(a) and (d) 8
61- Annotated Code of Maryland 9
62- (2023 Replacement Volume and 2024 Supplement) 10
52+BY adding to 1
53+ Article – Health – General 2
54+ Section 19–388 through 19–390 to be under the new part “Part XII. Pediatric 3
55+ Overstay” 4
56+ Annotated Code of Maryland 5
57+ (2023 Replacement Volume and 2024 Supplement) 6
6358
64-BY adding to 11
65- Article – Health – General 12
66- Section 19–388 through 19–390 to be under the new part “Part XII. Pediatric 13
67-Overstay” 14
59+BY repealing and reenacting, with amendments, 7
60+ Article – State Government 8
61+Section 9–2801 9
62+ Annotated Code of Maryland 10
63+ (2021 Replacement Volume and 2024 Supplement) 11
64+
65+BY adding to 12
66+ Article – State Government 13
67+Section 9–2806 14
6868 Annotated Code of Maryland 15
69- (2023 Replacement Volume and 2024 Supplement) 16
69+ (2021 Replacement Volume and 2024 Supplement) 16
7070
71-BY repealing and reenacting, with amendments, 17
72- Article – State Government 18
73-Section 9–2801 19
74- Annotated Code of Maryland 20
75- (2021 Replacement Volume and 2024 Supplement) 21
71+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17
72+That the Laws of Maryland read as follows: 18
7673
77-BY adding to 22
78- Article – State Government 23
79-Section 9–2806 24
80- Annotated Code of Maryland 25
81- (2021 Replacement Volume and 2024 Supplement) 26
74+Article – Health – General 19
8275
83- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 27
84-That the Laws of Maryland read as follows: 28
76+7.5–802. 20
8577
86-Article – Health – General 29
78+ (a) (1) There is a Maryland Mental Health and Substance Use Disorder 21
79+Registry and Referral System in the Department. 22
8780
88-7.5–802. 30
81+ (2) The purpose of the Registry and Referral System is to provide a 23
82+statewide system through which health care providers can identify and access available 24
83+PRIVATE AND STATE inpatient and outpatient mental health and substance use services 25
84+for patients in a seamless manner. 26
8985
90- (a) (1) There is a Maryland Mental Health and Substance Use Disorder 31
91-Registry and Referral System in the Department. 32
86+ (3) Subject to the availability of funds, the Department shall develop and 27
87+implement the Registry and Referral System, in collaboration with the State–designated 28
88+Health Information Exchange. 29
9289
93- (2) The purpose of the Registry and Referral System is to provide a 33
94-statewide system through which health care providers can identify and access available 34
95-PRIVATE AND STATE inpatient and outpatient mental health and substance use services 35
96-for patients in a seamless manner. 36
90+ (4) The Registry and Referral System shall include: 30
91+
92+ (i) A searchable inventory of any PRIVATE OR STATE provider of 31
93+mental health and substance use disorder services, including inpatient, crisis, and 32
94+outpatient services; 33
9795 HOUSE BILL 962 3
9896
9997
100- (3) Subject to the availability of funds, the Department shall develop and 1
101-implement the Registry and Referral System, in collaboration with the State–designated 2
102-Health Information Exchange. 3
98+ (ii) The capability to allow a provider of mental health and substance 1
99+use disorder services to update registry information including the real–time availability of 2
100+services; and 3
103101
104- (4) The Registry and Referral System shall include: 4
102+ (iii) An electronic referral system that is available to any health care 4
103+provider in the State to facilitate electronic referrals to mental health and substance use 5
104+disorder providers. 6
105105
106- (i) A searchable inventory of any PRIVATE OR STATE provider of 5
107-mental health and substance use disorder services, including inpatient, crisis, and 6
108-outpatient services; 7
106+ (d) Each PRIVATE AND STATE hospital shall ensure the availability of staff to 7
107+identify appropriate and available services for patients in the hospital who are in need of 8
108+mental health or substance use disorder services and to assist the patient in accessing the 9
109+services. 10
109110
110- (ii) The capability to allow a provider of mental health and substance 8
111-use disorder services to update registry information including the real–time availability of 9
112-services; and 10
111+19–386. RESERVED. 11
113112
114- (iii) An electronic referral system that is available to any health care 11
115-provider in the State to facilitate electronic referrals to mental health and substance use 12
116-disorder providers. 13
113+19–387. RESERVED. 12
117114
118- (d) Each PRIVATE AND STATE hospital shall ensure the availability of staff to 14
119-identify appropriate and available services for patients in the hospital who are in need of 15
120-mental health or substance use disorder services and to assist the patient in accessing the 16
121-services. 17
115+PART XII. PEDIATRIC OVERSTAY. 13
122116
123-19–386. RESERVED. 18
117+19–388. 14
124118
125-19–387. RESERVED. 19
119+ (A) IN THIS PART, “PEDIATRIC HOSPITAL THE FOLLOWING WORDS HAVE 15
120+THE MEANING S INDICATED. 16
126121
127-PART XII. PEDIATRIC OVERSTAY. 20
122+ (B) “COORDINATORS ” MEANS THE PEDIATRIC OVERSTAY COORDINATOR IN 17
123+THE DEPARTMENT AND THE PE DIATRIC OVERSTAY COO RDINATOR IN THE 18
124+DEPARTMENT OF HUMAN SERVICES. 19
128125
129-19–388. 21
126+ (C) “PEDIATRIC HOSPITAL OVERSTAY PATIENT ” MEANS A PATIENT UNDE R 20
127+THE AGE OF 22 YEARS WHO REMAINS IN AN INPATIENT UNIT OR EMERGENCY 21
128+DEPARTMENT OF A HOSP ITAL FOR MORE THAN 24 48 HOURS AFTER BEING 22
129+MEDICALLY CLEARED FO R DISCHARGE OR TRANS FER. 23
130130
131- (A) IN THIS PART, “PEDIATRIC HOSPITAL THE FOLLOWING WORDS HAVE 22
132-THE MEANING S INDICATED. 23
131+19–389. 24
133132
134- (B) “COORDINATORS ” MEANS THE PEDIATRIC OVERSTAY COORDINATOR IN 24
135-THE DEPARTMENT AND THE PE DIATRIC OVERSTAY COO RDINATOR IN THE 25
136-DEPARTMENT OF HUMAN SERVICES. 26
133+ (A) THE DEPARTMENT , IN COORDIN ATION WITH THE DEPARTMENT OF 25
134+HUMAN SERVICES, SHALL ENSURE THAT A PEDIATRIC HOSPITAL O VERSTAY 26
135+PATIENT IS TRANSFERR ED TO AND TREATED IN THE LEAST RESTRICTIV E SETTING 27
136+WHEN CLINICALLY INDI CATED AND WHEN POSSIBLE. 28
137137
138- (C) “PEDIATRIC HOSPITAL OVERSTAY PATIENT ” MEANS A PATIENT UNDE R 27
139-THE AGE OF 22 YEARS WHO REMAINS IN AN INPATIENT UNIT OR EMERGENCY 28
140-DEPARTMENT OF A HOSP ITAL FOR MORE THAN 24 48 HOURS AFTER BEING 29
141-MEDICALLY CLEARED FO R DISCHARGE OR TRANS FER. 30
142-
143-19–389. 31
144- 4 HOUSE BILL 962
138+ (B) IF A PEDIATRIC HOSPIT AL OVERSTAY PATIENT REMAINS IN THE 29
139+HOSPITAL FOR MORE TH AN 48 HOURS AND THE REGIST RY ESTABLISHED UNDER § 30
140+7.5–802 OF THIS ARTICLE INDI CATES THAT AN APPROP RIATE INPATIENT BED IS 31
141+AVAILABLE, THE HOSPITAL SHALL S EEK THE TRANSFER TO MAINTAIN THE CLINICA L 32
142+STABILITY OF THE PAT IENT. 33 4 HOUSE BILL 962
145143
146144
147- (A) (1) THE DEPARTMENT , IN COORDINATION WITH TH E DEPARTMENT 1
148-OF HUMAN SERVICES, EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS 2
149-SUBSECTION, THE DEPARTMENT SHALL ENSURE THAT A PEDIATRIC HOSPITAL 3
150-OVERSTAY PATIENT IS TRANSFERRED TO AND T REATED IN THE LEAST RESTRICTIVE 4
151-SETTING WHEN CLINICALL Y INDICATED AND WHEN POSSIBLE. 5
152145
153- (2) THE DEPARTMENT OF HUMAN SERVICES, IN COORDINATION WITH 6
154-THE DEPARTMENT , SHALL ENSURE THAT A PEDIATRIC HOSPITAL O VERSTAY 7
155-PATIENT WHO IS A CHI LD COMMITTED TO THE CARE AND CUSTODY OF THE 8
156-DEPARTMENT OF HUMAN SERVICES IS TRANSFERRED TO AND T REATED IN THE 9
157-LEAST RESTRICTIVE SE TTING WHEN CLINICALL Y INDICATED AND WHEN POSSIBLE. 10
146+ (C) NOTWITHSTANDING ANY O THER PROVISION OF LA W, TO ENSURE THAT 1
147+A PEDIATRIC HOSPITAL OVERSTAY PATIENT IS TREATED IN THE LEAST RESTRICTIVE 2
148+SETTING, A HOSPITAL MAY CONCU RRENTLY EXPLORE IN –STATE AND 3
149+OUT–OF–STATE PLACEMENT OPTI ONS. 4
158150
159- (B) IF A PEDIATRIC HOSPIT AL OVERSTAY PATIENT REMAINS IN THE 11
160-HOSPITAL FOR MORE TH AN 48 HOURS AND THE REGIST RY ESTABLISHED UNDER § 12
161-7.5–802 OF THIS ART ICLE INDICATES THAT AN APPROPRIATE INPAT IENT BED IS 13
162-AVAILABLE, THE HOSPITAL SHALL S EEK THE TRANSFER TO MAINTAIN THE CLINICA L 14
163-STABILITY OF THE PAT IENT. 15
151+19–390. 5
164152
165- (C) NOTWITHSTANDING ANY O THER PROVISION OF LA W, TO ENSURE THAT 16
166-A PEDIATRIC HOSPITAL OVERSTAY PATIENT IS TREATED IN THE LEAST RESTRICTIVE 17
167-SETTING, A HOSPITAL MAY CONCU RRENTLY EXPLORE IN –STATE AND 18
168-OUT–OF–STATE PLACEMENT OPTI ONS. 19
153+ (A) THE DEPARTME NT AND THE DEPARTMENT OF HUMAN SERVICES 6
154+SHALL ESTABLISH A PE DIATRIC HOSPITAL OVE RSTAY COORDINATOR WI THIN EACH 7
155+DEPARTMENT . 8
169156
170-19–390. 20
157+ (B) THE COORDINATORS SHAL L ACT IN THE BEST INTEREST OF A PEDIATRI C 9
158+OVERSTAY PATIENT BY COORDINATING BETWEEN HOSPITALS, RELEVANT STATE 10
159+AGENCIES AND PROGRAM S, AND PROVIDERS OF MEN TAL HEALTH AND SUBST ANCE 11
160+USE DISORDER SERVICE S. 12
171161
172- (A) THE DEPARTMENT AND THE DEPARTMENT OF HUMAN SERVICES 21
173-SHALL ESTABLISH A PE DIATRIC HOSPITAL OVE RSTAY COORDINATOR WI THIN EACH 22
174-DEPARTMENT . 23
162+ (C) THE COORDINATORS SHAL L: 13
175163
176- (B) THE COORDINATORS SHAL L ACT IN THE BEST INTEREST OF A PEDIATRI C 24
177-OVERSTAY PATIENT BY COORDINATING BETWEEN HOSPITALS, RELEVANT STATE 25
178-AGENCIES AND PROGRAM S, AND PROVIDERS OF MEN TAL HEALTH AND SUBST ANCE 26
179-USE DISORDER SERVICE S. 27
164+ (1) ADVOCATE ON BEHALF OF PEDIATRIC HOSPITAL O VERSTAY 14
165+PATIENTS WHILE MAINT AINING APPROPRIATE P ATIENT CONFIDENTIALI TY; 15
180166
181- (C) THE COORDINATORS SHALL : 28
167+ (2) REVIEW POLICIES AND PROC EDURES OF RELEVANT STATE 16
168+AGENCIES AND MAKE RE COMMENDATIONS FOR NE CESSARY CHANGES TO T HE 17
169+POLICIES AND PROCEDU RES TO BETTER SERVE PEDIATRIC HOSPITAL O VERSTAY 18
170+PATIENTS; 19
182171
183- (1) ADVOCATE ON BEHALF OF PEDIATRIC HOSPITAL O VERSTAY 29
184-PATIENTS WHILE MAINT AINING APPROPRIATE P ATIENT CONFIDENTIALI TY; 30
172+ (3) MAINTAIN DATA ON EACH PEDIATRIC HOSPITAL O VERSTAY 20
173+PATIENT, INCLUDING: 21
185174
186- (2) REVIEW POLICIES AND P ROCEDURES OF RELEVAN T STATE 31
187-AGENCIES AND MAKE RE COMMENDATIONS FOR NE CESSARY CHANGES TO THE 32
188-POLICIES AND PROCEDU RES TO BETTER SERVE PEDIATRIC HOSPITAL O VERSTAY 33
189-PATIENTS; 34
175+ (I) PATIENT’S LENGTH OF STAY ; 22
176+
177+ (II) THE RESPONSIBLE STATE AGENCY, IF APPLICABLE; 23
178+
179+ (III) SERVICES NEEDED ; 24
180+
181+ (IV) PLACEMENT OPTIONS BEI NG SOUGHT BY THE PAT IENT; 25
182+
183+ (V) INFORMATION REGARDING PREVIOUS HOSPITAL 26
184+ADMISSIONS FOR A BEH AVIORAL HEALTH DIAGNOSIS ; AND 27
185+
186+ (VI) ANY OTHER RELEVANT DA TA; AND 28
190187 HOUSE BILL 962 5
191188
192189
193- (3) MAINTAIN DATA ON EACH PEDIATRIC HOSPITAL O VERSTAY 1
194-PATIENT, INCLUDING: 2
190+ (4) REPORT ON THE DATA CO LLECTED UNDER THIS S UBSECTION TO 1
191+THE SECRETARY AND THE SECRETARY OF HUMAN SERVICES. 2
195192
196- (I) PATIENT’S LENGTH OF STAY ; 3
193+ (A) (1) FOR FISCAL YEAR 2026, THE GOVERNOR MAY INCLUDE IN THE 3
194+ANNUAL BUDGET BILL AN APPROPRIATION SUF FICIENT TO FILL ALL POSITIONS 4
195+AUTHORIZED FOR A REGIONAL INSTITUTE FOR CHILDREN AND ADOLESCENTS IN 5
196+THE STATE. 6
197197
198- (II) THE RESPONSIBLE STATE AGENCY, IF APPLICABLE; 4
198+ (2) FOR FISCAL YEAR 2027 AND EACH FISCAL YEAR THEREAFTER , 7
199+THE GOVERNOR SHALL INCLUD E IN THE ANNUAL BUDG ET BILL AN APPROPRIA TION 8
200+SUFFICIENT TO FILL A LL POSITIONS AUTHORI ZED FOR A REGIONAL INSTITUTE FOR 9
201+CHILDREN AND ADOLESCENTS IN THE STATE. 10
199202
200- (III) SERVICES NEEDED ; 5
203+ (B) THE GOVERNOR MAY USE FUND S DESIGNATED FOR THE ADOLESCENT 11
204+HOSPITAL OVERSTAY PROGRAM FOR THE PURPO SES IDENTIFIED IN SU BSECTION 12
205+(A) OF THIS SECTION. 13
201206
202- (IV) PLACEMENT OPTIONS BEI NG SOUGHT BY THE PAT IENT; 6
207+Article – State Government 14
203208
204- (V) INFORMATION REGARDING PREVIOUS HOSPITAL 7
205-ADMISSIONS FOR A BEH AVIORAL HEALTH DIAGN OSIS; AND 8
209+9–2801. 15
206210
207- (VI) ANY OTHER RELEVANT DA TA; AND 9
211+ (a) In this subtitle the following words have the meanings indicated. 16
208212
209- (4) REPORT ON THE DATA CO LLECTED UNDER THIS SUBSECTION TO 10
210-THE SECRETARY AND THE SECRETARY OF HUMAN SERVICES. 11
213+ (B) “COORDINATOR ” MEANS THE PEDIATRIC HOSPITAL OVERSTAY 17
214+COORDINATOR WITHIN TH E GOVERNOR’S OFFICE FOR CHILDREN. 18
211215
212- (A) (1) FOR FISCAL YEAR 2026, THE GOVERNOR MAY INCLUDE IN THE 12
213-ANNUAL BUDGET BILL A N APPROPRIATION SUFF ICIENT TO FILL ALL P OSITIONS 13
214-AUTHORIZED FOR A REGIONAL INSTITUTE FOR CHILDREN AND ADOLESCENTS IN 14
215-THE STATE. 15
216+ [(b)] (C) “Eligible neighborhood” means a neighborhood that includes census 19
217+tracts with more than 30% of children living in poverty and is served by, as defined by the 20
218+Office, a community school with a concentration of poverty level, as defined in § 5–223 of 21
219+the Education Article, of: 22
216220
217- (2) FOR FISCAL YEAR 2027 AND EACH FISCAL YEAR THEREAFTER , 16
218-THE GOVERNOR SHALL INCLUD E IN THE ANNUAL BUDG ET BILL AN APPROPRIA TION 17
219-SUFFICIENT TO FILL A LL POSITIONS AUTHORI ZED FOR A REGIONAL INSTITUTE FOR 18
220-CHILDREN AND ADOLESCENTS IN THE STATE. 19
221+ (1) in fiscal year 2025 and 2026, at least 80%; 23
221222
222- (B) THE GOVERNOR MAY USE FUND S DESIGNATED FOR THE ADOLESCENT 20
223-HOSPITAL OVERSTAY PROGRAM FOR THE PURPO SES IDENTIFIED IN SU BSECTION 21
224-(A) OF THIS SECTION. 22
223+ (2) in fiscal year 2027 through fiscal year 2029, at least 75%; 24
225224
226-Article – State Government 23
225+ (3) in fiscal year 2030, at least 60%; and 25
227226
228-9–2801. 24
227+ (4) in fiscal year 2031, and each fiscal year thereafter, at least 55%. 26
229228
230- (a) In this subtitle the following words have the meanings indicated. 25
229+ [(c)] (D) “Fund” means the ENOUGH Grant Fund. 27
231230
232- (B) “COORDINATOR ” MEANS THE PEDIATRIC HOSPITAL OVERSTAY 26
233-COORDINATOR WITHIN TH E GOVERNOR’S OFFICE FOR CHILDREN. 27
231+ [(d)] (E) “Office” means the Governor’s Office for Children. 28
234232
235- [(b)] (C) “Eligible neighborhoodmeans a neighborhood that includes census 28
236-tracts with more than 30% of children living in poverty and is served by, as defined by the 29 6 HOUSE BILL 962
233+ (F) “PEDIATRIC HOSPITAL OV ERSTAY PATIENT HAS THE MEANING STAT ED 29
234+IN § 19–388 OF THE HEALTH – GENERAL ARTICLE. 30 6 HOUSE BILL 962
237235
238236
239-Office, a community school with a concentration of poverty level, as defined in § 5–223 of 1
240-the Education Article, of: 2
241237
242- (1) in fiscal year 2025 and 2026, at least 80%; 3
238+ [(e)] (G) “Program” means the Engaging Neighborhoods, Organizations, Unions, 1
239+Governments, and Households (ENOUGH) Grant Program. 2
243240
244- (2) in fiscal year 2027 through fiscal year 2029, at least 75%; 4
241+ [(f)] (H) “Special Secretary” means the Special Secretary of the Governor’s 3
242+Office for Children. 4
245243
246- (3) in fiscal year 2030, at least 60%; and 5
244+9–2806. 5
247245
248- (4) in fiscal year 2031, and each fiscal year thereafter, at least 55%. 6
246+ (A) THERE IS A PEDIATRIC HOSPITAL OVERSTAY COORDINATOR WITHIN 6
247+THE OFFICE. 7
249248
250- [(c)] (D) “Fund” means the ENOUGH Grant Fund. 7
249+ (B) THE COORDINATOR SHALL ACT IN THE BEST INTEREST OF A PEDIATRIC 8
250+HOSPITAL OVERSTAY PA TIENT BY COORDINATIN G BETWEEN RELEVANT STATE 9
251+AGENCIES AND PROGRAM S, INCLUDING PUBLIC BEH AVIORAL H EALTH CARE 10
252+COORDINATION PROGRAM S. 11
251253
252- [(d)] (E) “Office” means the Governor’s Office for Children. 8
254+ (C) (1) ON OR BEFORE JANUARY 1, 2026, THE OFFICE AND THE 12
255+COORDINATOR SHALL ENT ER INTO A MEMORANDUM OF UNDERSTANDING WIT H THE 13
256+MARYLAND DEPARTMENT OF HEALTH, THE DEPARTMENT OF HUMAN SERVICES, 14
257+AND ANY OTHER RELEVA NT STATE AGENCY FOR THE SHARIN G AND STORAGE OF 15
258+INFORMATION AND DATA RELATED TO PEDIATRIC HOSPITAL OVERSTAY PA TIENTS 16
259+IN THE STATE. 17
253260
254- (F) “PEDIATRIC HOSPITAL OV ERSTAY PATIENT ” HAS THE MEANING STAT ED 9
255-IN § 19–388 OF THE HEALTH – GENERAL ARTICLE. 10
261+ (2) THE MEMORANDUM OF UND ERSTANDING SHALL GOV ERN THE 18
262+ACCESS, USE, MAINTENANCE , DISCLOSURE, AND REDISCLOSURE OF PROTECTED 19
263+HEALTH INFOR MATION IN ACCORDANCE WITH FEDERAL AND STATE LAW, 20
264+INCLUDING THE FEDERA L HEALTH INSURANCE PORTABILITY AND 21
265+ACCOUNTABILITY ACT. 22
256266
257- [(e)] (G) “Program” means the Engaging Neighborhoods, Organizations, Unions, 11
258-Governments, and Households (ENOUGH) Grant Program. 12
267+ (D) THE COORDINATOR SHALL : 23
259268
260- [(f)] (H) “Special Secretary” means the Special Secretary of the Governor’s 13
261-Office for Children. 14
269+ (1) WORK INDEPENDENTLY A ND IMPARTIALLY , WHILE MAINTAINING 24
270+APPROPRIATE PATIENT CONFIDENTIALITY , TO ADVOCATE ON BEHALF OF 25
271+PEDIATRIC HOSPITAL O VERSTAY PATIENTS ; 26
262272
263-9–2806. 15
273+ (2) REVIEW POLICIES AND PROCEDURES OF RELEVA NT STATE 27
274+AGENCIES AND MAKE RE COMMENDATIONS FOR NE CESSARY CHANGES TO T HE 28
275+POLICIES OR PROCEDUR ES TO BETTER SERVE P EDIATRIC HOSPITAL OV ERSTAY 29
276+PATIENTS; AND 30
264277
265- (A) THERE IS A PEDIATRIC HOSPITAL OVERSTAY COORDINATOR WITHIN 16
266-THE OFFICE. 17
267-
268- (B) THE COORDINATOR SHALL ACT IN THE BEST INTEREST OF A PEDIATRIC 18
269-HOSPITAL OVERSTAY PA TIENT BY COORDINATIN G BETWEEN RELEVANT STATE 19
270-AGENCIES AND PROGRAM S, INCLUDING PUBLIC BEH AVIORAL HEALTH CARE 20
271-COORDINATION PROGRAM S. 21
272-
273- (C) (1) ON OR BEFORE JANUARY 1, 2026, THE OFFICE AND THE 22
274-COORDINATOR SHALL ENT ER INTO A MEMORANDUM OF UNDERS TANDING WITH THE 23
275-MARYLAND DEPARTMENT OF HEALTH, THE DEPARTMENT OF HUMAN SERVICES, 24
276-AND ANY OTHER RELEVA NT STATE AGENCY FOR THE SHARING AND STORAGE OF 25
277-INFORMATION AND DATA RELATED TO PEDIATRIC HOSPITAL OVERSTAY PA TIENTS 26
278-IN THE STATE. 27
279-
280- (2) THE MEMORANDUM OF UND ERSTANDING SHALL GOV ERN THE 28
281-ACCESS, USE, MAINTENANCE , DISCLOSURE, AND REDISCLOSURE OF PROTECTED 29
282-HEALTH INFORMATION I N ACCORDANCE WITH FE DERAL AND STATE LAW, 30 HOUSE BILL 962 7
278+ (3) MAINTAIN DATA ON EAC H PEDIATRIC HOSPITAL OVERSTAY 31
279+PATIENT, INCLUDING: 32 HOUSE BILL 962 7
283280
284281
285-INCLUDING THE FEDERA L HEALTH INSURANCE PORTABILITY AND 1
286-ACCOUNTABILITY ACT. 2
287282
288- (D) THE COORDINATOR SHALL : 3
283+ (I) THE PATIENT’S LENGTH OF STAY ; 1
289284
290- (1) WORK INDEPENDENTLY A ND IMPARTIALLY , WHILE MAINTAINING 4
291-APPROPRIATE PATIENT CONFIDENTIALITY , TO ADVOCATE ON BEHAL F OF 5
292-PEDIATRIC HOSPITAL O VERSTAY PATIENTS ; 6
285+ (II) THE RESPONSIBLE STATE AGENCY, IF APPLICABLE; 2
293286
294- (2) REVIEW POLICIES AND PROCEDURES OF RELEVA NT STATE 7
295-AGENCIES AND MAKE RECOMMENDAT IONS FOR NECESSARY C HANGES TO THE 8
296-POLICIES OR PROCEDUR ES TO BETTER SERVE P EDIATRIC HOSPITAL OV ERSTAY 9
297-PATIENTS; AND 10
287+ (III) SERVICES NEEDED ; 3
298288
299- (3) MAINTAIN DATA ON EAC H PEDIATRIC HOSPITAL OVERSTAY 11
300-PATIENT, INCLUDING: 12
289+ (IV) PLACEMENT OPTIONS BE ING SOUGHT BY THE PA TIENT; 4
301290
302- (I) THE PATIENT’S LENGTH OF STAY ; 13
291+ (V) INFORMATION REGARDIN G PREVIOUS HOSPITAL 5
292+ADMISSIONS FOR A BEH AVIORAL HEALTH DIAGN OSIS; AND 6
303293
304- (II) THE RESPONSIBLE STATE AGENCY, IF APPLICABLE; 14
294+ (VI) ANY OTHER RELEVANT D ATA. 7
305295
306- (III) SERVICES NEEDED ; 15
296+ (E) ON OR BEFORE OCTOBER 1 EACH YEAR, BEGINNING IN 2026, THE 8
297+COORDINATOR SHALL REP ORT TO THE GOVERNOR AND , IN ACCORDANCE W ITH § 9
298+2–1257 OF THIS ARTICLE , THE SENATE FINANCE COMMITTEE AND THE HOUSE 10
299+HEALTH AND GOVERNMENT OPERATIONS COMMITTEE ON THE NUMB ER OF 11
300+PEDIATRIC HOSPITAL O VERSTAY PATIENTS IN THE STATE AND DE –IDENTIFIED 12
301+INFORMATION RELATED TO ACTION PLANS IN P LACE TO ACHIEV E APPROPRIATE 13
302+PLACEMENT . 14
307303
308- (IV) PLACEMENT OPTIONS BE ING SOUGHT BY THE PA TIENT; 16
304+ SECTION 2. AND BE IT FURTHER ENACTED, That: 15
309305
310- (V) INFORMATION REGARDIN G PREVIOUS HOSPITAL 17
311-ADMISSIONS FOR A BEH AVIORAL HEALTH DIAGN OSIS; AND 18
306+ (a) The Maryland Department of Health shall: 16
312307
313- (VI) ANY OTHER RELEVANT DATA. 19
308+ (1) review the reimbursement rates paid to residential treatment centers 17
309+and respite care facilities in the State and determine the reimbursement rate that would 18
310+be necessary to cover the cost of care and prevent future bed closures in residential 19
311+treatment centers and respite care facilities in the State; and 20
314312
315- (E) ON OR BEFORE OCTOBER 1 EACH YEAR, BEGINNING IN 2026, THE 20
316-COORDINATOR SHALL REP ORT TO THE GOVERNOR AND , IN ACCORDANCE WITH § 21
317-2–1257 OF THIS ARTICLE , THE SENATE FINANCE COMMITTEE AND THE HOUSE 22
318-HEALTH AND GOVERNMENT OPERATIONS COMMITTEE ON THE N UMBER OF 23
319-PEDIATRIC HOSPITAL O VERSTAY PATIENTS IN THE STATE AND DE –IDENTIFIED 24
320-INFORMATION RELATED TO ACTION PLANS IN P LACE TO ACHIEVE APPR OPRIATE 25
321-PLACEMENT . 26
313+ (2) study the implementation of a prospective payment model for 21
314+residential treatment centers and respite care facilities in the State with the goal of 22
315+incentivizing the expansion of residential treatment center and respite care facility capacity 23
316+in the State. 24
322317
323- SECTION 2. AND BE IT FURTHER ENACTED, That: 27
318+ (b) On or before December 1, 2025, the Department shall report the findings and 25
319+recommendations from the review and study conducted under subsection (a) of this section 26
320+to the Governor and, in accordance with § 2–1257 of the State Government Article, the 27
321+Senate Finance Committee and the House Health and Government Operations Committee. 28
324322
325- (a) The Maryland Department of Health shall: 28
326-
327- (1) review the reimbursement rates paid to residential treatment centers 29
328-and respite care facilities in the State and determine the reimbursement rate that would 30 8 HOUSE BILL 962
323+ SECTION 2. AND BE IT FURTHER ENACTED, That: 29
324+ 8 HOUSE BILL 962
329325
330326
331-be necessary to cover the cost of care and prevent future bed closures in residential 1
332-treatment centers and respite care facilities in the State; and 2
327+ (a) (1) In this section, “child in an unlicensed setting” means an individual 1
328+under the age of 21 years in an out–of–home placement who is residing in a hotel, an office 2
329+building, a shelter, or any other unlicensed setting. 3
333330
334- (2) study the implementation of a prospective payment model for 3
335-residential treatment centers and respite care facilities in the State with the goal of 4
336-incentivizing the expansion of residential treatment center and respite care facility capacity 5
337-in the State. 6
331+ (2) “Child in an unlicensed setting” does not include an individual under 4
332+the age of 21 years who is receiving a self–independent living stipend, living with kin 5
333+awaiting approval for a placement, or on aftercare with a parent. 6
338334
339- (b) On or before December 1, 2025, the Department shall report the findings and 7
340-recommendations from the review and study conducted under subsection (a) of this section 8
341-to the Governor and, in accordance with § 2–1257 of the State Government Article, the 9
342-Senate Finance Committee and the House Health and Government Operations Committee. 10
335+ (b) (1) There is a Workgroup on Children in Unlicensed Settings and Pediatric 7
336+Hospital Overstays in the State. 8
343337
344- SECTION 2. AND BE IT FURTHER ENACTED, That: 11
338+ (2) The Workgroup shall consist of representatives who have experience 9
339+and knowledge of working with children with behavioral health challenges, adverse 10
340+childhood experiences, and developmental disabilities, including: 11
345341
346- (a) (1) In this section, “child in an unlicensed setting” means an individual 12
347-under the age of 21 years in an out–of–home placement who is residing in a hotel, an office 13
348-building, a shelter, or any other unlicensed setting. 14
342+ (i) the Secretary of Health, or the Secretary’s designee; 12
349343
350- (2) “Child in an unlicensed setting” does not include an individual under 15
351-the age of 21 years who is receiving a self–independent living stipend, living with kin 16
352-awaiting approval for a placement, or on aftercare with a parent. 17
344+ (ii) the Secretary of Human Services, or the Secretary’s designee; 13
353345
354- (b) (1) There is a Workgroup on Children in Unlicensed Settings and Pediatric 18
355-Hospital Overstays in the State. 19
346+ (iii) the Secretary of Juvenile Services, or the Secretary’s designee; 14
356347
357- (2) The Workgroup shall consist of representatives who have experience 20
358-and knowledge of working with children with behavioral health challenges, adverse 21
359-childhood experiences, and developmental disabilities, including: 22
348+ (iv) the State Public Defender, or the State Public Defender’s 15
349+designee; and 16
360350
361- (i) the Secretary of Health, or the Secretary’s designee; 23
351+ (v) the following members, appointed by the Governor: 17
362352
363- (ii) the Secretary of Human Services, or the Secretary’s designee; 24
353+ 1. one representative of the Maryland Association of 18
354+Resources for Families and Youth; 19
364355
365- (iii) the Secretary of Juvenile Services, or the Secretary’s designee; 25
356+ 2. one representative of Disability Rights Maryland; 20
366357
367- (iv) the State Public Defender, or the State Public Defender’s 26
368-designee; and 27
358+ 3. one representative of the Community Behavioral Health 21
359+Association of Maryland; 22
369360
370- (v) the following members, appointed by the Governor: 28
361+ 4. one representative of Maryland Legal Aid; 23
371362
372- 1. one representative of the Maryland Association of 29
373-Resources for Families and Youth; 30
363+ 5. one representative of the Court Appointed Special 24
364+Advocates of Maryland; 25
374365
375- 2. one representative of Disability Rights Maryland; 31
366+ 6. one representative of the National Association of Social 26
367+Workers – Maryland who is a hospital–based clinical social worker; 27
368+
369+ 7. one representative of the Maryland Chapter of the 28
370+American Academy of Pediatrics; 29
371+
372+ 8. one representative of the Maryland Hospital Association; 30
376373 HOUSE BILL 962 9
377374
378375
379- 3. one representative of the Community Behavioral Health 1
380-Association of Maryland; 2
376+ 9. one representative of a specialty psychiatric hospital; 1
381377
382- 4. one representative of Maryland Legal Aid; 3
378+ 10. one representative of a residential treatment provider in 2
379+the State; and 3
383380
384- 5. one representative of the Court Appointed Special 4
385-Advocates of Maryland; 5
381+ 11. one representative of a family of a child in foster care, as 4
382+defined in § 8–101(h) of the Human Services Article. 5
386383
387- 6. one representative of the National Association of Social 6
388-Workers – Maryland who is a hospital–based clinical social worker; 7
384+ (3) The members of the Workgroup shall elect the chair and vice chair of 6
385+the Workgroup. 7
389386
390- 7. one representative of the Maryland Chapter of the 8
391-American Academy of Pediatrics; 9
387+ (4) The Workgroup shall meet before August 1, 2025, and at least once 8
388+every 30 days thereafter. 9
392389
393- 8. one representative of the Maryland Hospital Association; 10
390+ (5) The State Council on Child Abuse and Neglect shall provide staff for 10
391+the Workgroup. 11
394392
395- 9. one representative of a specialty psychiatric hospital; 11
393+ (6) A member of the Workgroup: 12
396394
397- 10. one representative of a residential treatment provider in 12
398-the State; and 13
395+ (i) may not receive compensation as a member of the Workgroup; 13
396+but 14
399397
400- 11. one representative of a family of a child in foster care, as 14
401-defined in § 8–101(h) of the Human Services Article. 15
398+ (ii) is entitled to reimbursement for expenses under the Standard 15
399+State Travel Regulations, as provided in the State budget. 16
402400
403- (3) The members of the Workgroup shall elect the chair and vice chair of 16
404-the Workgroup. 17
401+ (c) (1) The Workgroup shall: 17
405402
406- (4) The Workgroup shall meet before August 1, 2025, and at least once 18
407-every 30 days thereafter. 19
403+ (i) complete an assessment of the number, type, and cost of the 18
404+additional beds and supportive services needed to place all children in pediatric overstays 19
405+and other unlicensed settings in the least restrictive settings; 20
408406
409- (5) The State Council on Child Abuse and Neglect shall provide staff for 20
410-the Workgroup. 21
407+ (ii) develop a comprehensive and sustainable resource development 21
408+plan designed to increase the number of licensed settings and end the use of pediatric 22
409+overstays and unlicensed settings; 23
411410
412- (6) A member of the Workgroup: 22
411+ (iii) develop an implementation plan with comprehensive data to 24
412+inform the plan; and 25
413413
414- (i) may not receive compensation as a member of the Workgroup; 23
415-but 24
414+ (iv) determine the anticipated timeline for when the practice of 26
415+placing children in unlicensed settings will cease. 27
416416
417- (ii) is entitled to reimbursement for expenses under the Standard 25
418-State Travel Regulations, as provided in the State budget. 26
417+ (2) On or before October 1, 2025, the Workgroup shall report its findings 28
418+and recommendations to the Governor and, in accordance with § 2–1257 of the State 29
419+Government Article, the General Assembly. 30
419420
420- (c) (1) The Workgroup shall: 27
421-
422- (i) complete an assessment of the number, type, and cost of the 28
423-additional beds and supportive services needed to place all children in pediatric overstays 29
424-and other unlicensed settings in the least restrictive settings; 30
425- 10 HOUSE BILL 962
421+ SECTION 3. AND BE IT FURTHER ENACTED, That for fiscal year 2026, the 31
422+Governor may include in the annual budget bill an appropriation necessary to staff five 32 10 HOUSE BILL 962
426423
427424
428- (ii) develop a comprehensive and sustainable resource development 1
429-plan designed to increase the number of licensed settings and end the use of pediatric 2
430-overstays and unlicensed settings; 3
425+additional beds at the John L. Gildner Regional Institute for Children and Adolescents in 1
426+the State. 2
431427
432- (iii) develop an implementation plan with comprehensive data to 4
433-inform the plan; and 5
428+ SECTION 4. AND BE IT FURTHER ENACTED, That Section 2 of this Act shall take 3
429+effect June 1, 2025. 4
434430
435- (iv) determine the anticipated timeline for when the practice of 6
436-placing children in unlicensed settings will cease. 7
431+ SECTION 3. 5. AND BE IT FURTHER ENACTED, That , except as provided in 5
432+Section 4 of this Act, this Act shall take effect July 1, 2025. 6
437433
438- (2) On or before October 1, 2025, the Workgroup shall report its findings 8
439-and recommendations to the Governor and, in accordance with § 2–1257 of the State 9
440-Government Article, the General Assembly. 10
441-
442- SECTION 3. AND BE IT FURTHER ENACTED, That for fiscal year 2026, the 11
443-Governor may include in the annual budget bill an appropriation necessary to staff five 12
444-additional beds at the John L. Gildner Regional Institute for Children and Adolescents in 13
445-the State. 14
446-
447- SECTION 4. AND BE IT FURTHER ENACTED, That Section 2 Sections 1 and 3 of 15
448-this Act shall take effect June July 1, 2025. 16
449-
450- SECTION 3. 5. AND BE IT FURTHER ENACTED, That , except as provided in 17
451-Section 4 of this Act, this Act shall take effect July June 1, 2025. 18
452434
453435
454436
455437 Approved:
456438 ________________________________________________________________________________
457439 Governor.
458440 ________________________________________________________________________________
459441 Speaker of the House of Delegates.
460442 ________________________________________________________________________________
461443 President of the Senate.