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. *sb1027* SENATE BILL 1027 J1 5lr3626 CF HB 1244 By: Senator Lewis Young Introduced and read first time: February 6, 2025 Assigned to: Rules Re–referred to: Finance, March 11, 2025 Committee Report: Favorable with amendments Senate action: Adopted Read second time: March 16, 2025 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 Section 7–12B–01 through 7–12B–05 to be under the new subtitle “Subtitle 12B. 12 Maryland Developmental Disabilities Administration Waiver Advisory 13 Council” 14 Annotated Code of Maryland 15 (2023 Replacement Volume and 2024 Supplement) 16 SECTION 1. BE IT ENACTED BY THE G ENERAL ASSEMBLY OF MARYLAND, 17 That the Laws of Maryland read as follows: 18 Article – Health – General 19 2 SENATE BILL 1027 SUBTITLE 12B. MARYLAND DEVELOPMENTAL DISABILITIES ADMINISTRATION 1 WAIVER ADVISORY COUNCIL. 2 7–12B–01. 3 IN THIS SUBTITLE , “COUNCIL” MEANS THE MARYLAND DEVELOPMENTAL 4 DISABILITIES ADMINISTRATION WAIVER ADVISORY COUNCIL. 5 7–12B–02. 6 (A) THERE IS A MARYLAND DEVELOPMENTAL DISABILITIES 7 ADMINISTRATION WAIVER ADVISORY COUNCIL IN THE ADMINISTRATION . 8 (B) THE PURPOSE OF THE COUNCIL IS TO: 9 (1) ADVISE AND PROVI DE RECOMMENDATIONS T O THE 10 ADMINISTRATION ON SYS TEM DESIGN , SERVICE DELIVERY , AND QUALITY 11 ENHANCEMENT STRATEGI ES FOR THE MEDICAID WAIVER PROGR AMS OPERATED BY 12 THE ADMINISTRATION ; AND 13 (2) FOSTER MEANINGFUL ENG AGEMENT AND ESTABLIS H A 14 FEEDBACK LOOP WITH A LL STAKEHOLDERS WHILE P RIORITIZING INPUT FR OM 15 INDIVIDUALS WITH LIV ED EXPERIENCE WITH A MEDICAID WAIVER PROGR AM. 16 (C) THE COUNCIL SHALL ADHERE TO PERSON –CENTERED THINKING , 17 DIVERSITY, EQUITY, AND INCLUSION PRINCI PLES, AND EVIDENCE –BASED AND 18 DATA–DRIVEN DISCUSS ION AND PROBLEM SOLV ING. 19 7–12B–03. 20 (A) (1) THE COUNCIL CONSISTS OF T HE FOLLOWING VOTING MEMBERS, 21 APPOINTED BY THE SECRETARY OF HEALTH: 22 (I) 18 21 INDIVIDUALS WITH LIV ED EXPERIENCE 23 PARTICIPATING IN AN ADMINISTRATION PROGRA M THAT SHALL INCLUDE : 24 1. REPRESENTATIVES FROM ADVOCACY GROUPS FOR 25 INDIVIDUALS WITH INT ELLECTUAL AND DEVELO PMENTAL DISABILITIES ; AND 26 2. EQUAL REPRESENTATION FROM INDIVIDUALS WHO 27 HAVE EXPERIENCED SEL F–DIRECTED DELIVERY MO DELS AND INDIVIDUALS WHO 28 HAVE EXPERIENCED TRA DITIONAL DELIVERY MODELS ; 29 SENATE BILL 1027 3 (II) TWO LICENSED PROVIDER S OF RESIDENTIAL AND DAY 1 SERVICES; 2 (III) TWO CERTIFIED PROVIDE RS OF SERVICES INCLU DING 3 EMPLOYMENT , PERSONAL SUPPORT , TECHNOLOGY , AND TRANSPORTATION ; 4 (IV) ONE TWO COORDINATION OF COMM UNITY SERVICES 5 PROVIDER PROVIDERS; 6 (V) ONE FINANCIAL MANAGEM ENT AND COUNSELING S ERVICES 7 PROVIDER; 8 (VI) ONE REPRESENTATIVE OF AN ETHNIC ADVOCACY G ROUP IN 9 THE STATE; 10 (VII) ONE REPRESENTATIVE OF THE MARYLAND CENTER FOR 11 DEVELOPMENTAL DISABILITIES; 12 (VIII) ONE REPRESENTATIVE OF TH E MARYLAND 13 DEVELOPMENTAL DISABILITIES COUNCIL; 14 (IX) ONE REPRESENTATIVE OF THE SELF–DIRECTED 15 ADVOCACY NETWORK OF MARYLAND; 16 (X) ONE REPRESENTATIVE OF THE PARENTS’ PLACE OF 17 MARYLAND; 18 (XI) ONE REPRESENTATIVE OF THE MARYLAND ASSOCIATION 19 OF COMMUNITY SERVICES; 20 (XII) ONE REPRESENTATIVE OF THE ARC MARYLAND; 21 (XIII) ONE REPRESENTATIVE OF THE MARYLAND COUNCIL OF 22 SUPPORT BROKERS; 23 (XIV) ONE REPRESENTATIVE OF SERVICE COORDINATION , INC.; 24 (XI) (XV) THREE FAMILY MEMBERS WITH EXPERIENCE WITH 25 SELF–DIRECTED SERVICES ; AND 26 (XII) (XVI) THREE FAMILY MEMBERS WITH EXPERIENCE WITH 27 TRADITIONAL SERVICES . 28 4 SENATE BILL 1027 (2) THE COUNCIL CONSISTS OF T HE FOLLOWING NONVOTI NG 1 MEMBERS: 2 (I) ONE MEMBER OF THE SENATE OF MARYLAND, APPOINTED 3 BY THE PRESIDENT OF THE SENATE; 4 (II) ONE MEMBER OF THE HOUSE OF DELEGATES, APPOINTED 5 BY THE SPEAKER OF THE HOUSE; 6 (III) THE DIRECTOR OF FEDERAL PROGRAMS AND INTEGRITY 7 IN THE ADMINISTRATION ; 8 (IV) ONE REPRESENTATIVE OF THE DEPARTMENT OF 9 DISABILITIES, DESIGNATED BY THE SECRETARY OF DISABILITIES; 10 (V) ONE REPRESENTATIVE OF THE DEPARTMENT OF HOUSING 11 AND COMMUNITY DEVELOPMENT , DESIGNATED BY THE SECRETARY OF HOUSING 12 AND COMMUNITY DEVELOPMENT ; 13 (VI) ONE REPRESENTATIVE OF THE DEPARTMENT OF HUMAN 14 SERVICES, DESIGNATED BY THE SECRETARY OF HUMAN SERVICES; 15 (VII) ONE REPRESENTATIVE OF THE DIVISION OF 16 REHABILITATION SERVICES IN THE STATE DEPARTMENT OF EDUCATION, 17 DESIGNATED BY THE STATE SUPERINTENDENT OF SCHOOLS; 18 (VIII) THE FOLLOWING MEMBERS , DESIGNATED BY THE 19 SECRETARY OF HEALTH: 20 1. ONE REPRESENTATIVE OF THE OFFICE OF LONG 21 TERM SERVICES AND SUPPORTS; 22 2. ONE REPRESENTATIVE OF THE BEHAVIORAL 23 HEALTH ADMINISTRATION ; 24 3. ONE REPRESENTATIVE OF THE OFFICE OF HEALTH 25 CARE QUALITY; 26 4. ONE REPRE SENTATIVE OF THE ELIGIBILITY 27 DETERMINATION DIVISION OF THE OFFICE OF ELIGIBILITY SERVICES; AND 28 5. ONE REPRESENTATIVE OF THE MARYLAND LONG 29 TERM SERVICES AND SUPPORT SYSTEM PROGRA M MANAGEMENT OFFICE ; AND 30 SENATE BILL 1027 5 (IX) THE FOLLOWING MEMBERS , APPOINTED BY THE 1 SECRETARY OF HEALTH: 2 1. ONE REPRESENTATIVE OF THE NATIONAL 3 ASSOCIATION OF STATE DIRECTORS OF DEVELOPMENTAL DISABILITIES SERVICES; 4 AND 5 2. ONE REPRESENTATIVE OF APPLIED 6 SELF–DIRECTION. 7 (3) THE LICENSED OR CERTI FIED PROVIDERS ON TH E COUNCIL 8 SHALL INCLUDE REPRES ENTATIVES FROM EACH REGION AND FROM THE 9 MARYLAND ASSOCIATION OF COMMUNITY SERVICES AND THE ARC OF MARYLAND. 10 (4) (3) FAMILY MEMBERS APPOIN TED TO THE COUNCIL SHALL 11 INCLUDE AT LEAST ONE FAMILY MEMBER FROM E ACH REGION. 12 (5) (4) THE ADMINISTRATION SHALL ES TABLISH AN APPLICATI ON 13 PROCESS AND REVIEW P ROCESS FOR MEMBERS W HO WISH TO SERVE ON THE 14 COUNCIL. 15 (6) (5) TO THE EXTENT PRACTIC ABLE, THE MEMBERSHIP OF TH E 16 COUNCIL SHALL REFLECT THE GENDER , RACIAL, ETHNIC, AND GEOGRAPHICAL 17 DIVERSITY OF THE STATE. 18 (B) (1) THE TERM OF A MEMBER IS 3 YEARS. 19 (2) THE TERMS OF MEMBERS ARE STAGGERED AS REQ UIRED BY THE 20 TERMS PROVIDED FOR T HE MEMBERS OF THE COUNCIL ON OCTOBER 1, 2025. 21 (3) AT THE END OF A TERM , A MEMBER CONTINUES T O SERVE UNTIL 22 A SUCCESSOR IS APPOINTED AND QUA LIFIES. 23 (4) A MEMBER WHO IS APPOIN TED AFTER A TERM HAS BEGUN SERVES 24 ONLY FOR THE REST OF THE TERM AND UNTIL A SUCCESSOR IS APPOINT ED AND 25 QUALIFIES. 26 (5) A MEMBER MAY NOT SERVE CONSECUTIVE TERMS BU T MAY SERVE 27 FOR MULTIPLE NONCONS ECUTIVE TERMS. 28 (C) (1) THE DIRECTOR OF FEDERAL PROGRAMS SHALL SERVE AS A 29 NONVOTING COCHAIR . 30 (2) THE COUNCIL SHALL VOTE FO R THE ADDITIONAL COC HAIR. 31 6 SENATE BILL 1027 (D) (1) THE ADMINISTRATION SHALL PROVIDE STAFF FOR TH E COUNCIL. 1 (2) THE DEPARTMENT SHALL INCL UDE A DEDICATED COUNCIL 2 WEBPAGE ON THE DEPARTMENT ’S WEBSITE THAT INCLU DES MEETING DATES AN D 3 TIMES, AGENDAS AND OTHER ME ETING DOCUMENTS , AND RECORDED PAST 4 MEETINGS OF THE COUNCIL. 5 (E) A MEMBER OF THE COUNCIL: 6 (1) MAY NOT RECEIVE COMP ENSATION AS A MEMBER OF THE 7 COUNCIL; BUT 8 (2) IS ENTITLED TO REIMB URSEMENT FOR EXPENSE S UNDER THE 9 STANDARD STATE TRAVEL REGULATIONS, AS PROVIDED IN THE STATE BUDGET . 10 (F) THE COUNCIL MAY PROVIDE T RAVEL ARRANGEMENTS , AS NECESSARY , 11 FOR MEMBERS OF THE COUNCIL WITH DISABILI TIES. 12 7–12B–04. 13 (A) (1) THE COUNCIL SHALL MEET ON CE EVERY 2 MONTHS IN A 14 LOCATION THAT IS MAD E PUBLICLY AVAILABLE AT LEAST 2 WEEKS BEFORE THE 15 MEETING. 16 (2) THE COUNCIL MAY HOLD ADDI TIONAL MEETINGS IF D ETERMINED 17 NECESSARY BY THE COC HAIRS. 18 (3) MEETINGS OF THE COUNCIL SHALL: 19 (I) BE OPEN TO THE PUBLIC AND RECORDED BY VIDE O; 20 (II) FOLLOW AGENDAS THAT A RE DISTRIBUTED AT LE AST 1 21 WEEK BEFORE THE MEET ING TO COUNCIL MEMBERS BY E –MAIL; 22 (III) CONCLUDE WITH A CLEAR UNDERSTANDING OF 23 EXPECTATIONS AND ASS IGNMENTS FOR FUTURE STEPS ; 24 (IV) PROVIDE ACCOMMODATION S FOR INDIVIDUALS WI TH 25 DISABILITIES; AND 26 (V) INCLUDE TIME FOR PUBL IC COMMENT AFTER MEE TING 27 AGENDA ITEMS HAVE BE EN ADDRESSED . 28 SENATE BILL 1027 7 (4) A MEETING OF THE COUNCIL MAY BE HELD V IRTUALLY IF 1 DETERMINED NECESSARY BY THE COCHAIRS . 2 (5) THE COUNCIL SHALL PROVIDE NOTICE OF ITS MEETIN GS BY 3 E–MAIL TO MEMBERS AT L EAST 1 WEEK BEFORE THE MEET ING AND SHALL INCLUD E 4 AN AGENDA AND ANY DO CUMENTS TO BE REV IEWED FOR THE MEETIN G. 5 (6) THE COUNCIL SHALL DISTRIB UTE MEETING MINUTES TO 6 MEMBERS WITHIN 2 WEEKS AFTER EACH COUNCIL MEETING . 7 (B) THE COUNCIL MAY FORM WORK GROUPS THAT MAY MEET AS DIRECTED 8 BY THE COCHAIRS . 9 (C) THE COUNCIL SHALL ESTABLI SH A CODE OF CO NDUCT FOR COUNCIL 10 MEETINGS. 11 7–12B–05. 12 (A) THE COUNCIL SHALL PROVIDE ADVICE AND MAKE RECO MMENDATIONS 13 TO THE ADMINISTRATION ON : 14 (1) ADMINISTRATION –OPERATED MEDICAID WAIVER PROGR AM 15 SYSTEM DESIGN , INCLUDING WAIVER APP LICATION REGULATIONS AND POLICIES; 16 (2) SERVICE DELIVERY AND ACCESS TO SERVICES ; 17 (3) FEDERAL WAIVER ASSURA NCES; 18 (4) ENSURING ACCESS TO MEDICAID SERVICES ; 19 (5) QUALITY ENHANCEMENT E FFORTS AND IMPROVEME NT 20 STRATEGIES; 21 (6) COMMUNICATION WITH ST AKEHOLDERS , INCLUDING A 22 TRANSPARENT FEEDBACK PROCESS ; AND 23 (7) COLLABORATIVE PROCESS ES WITH STAKEHOLDERS . 24 (B) (1) THE COUNCIL SHALL VOTE ON THE ADVICE AND 25 RECOMMENDATIONS TO P ROVIDE TO THE ADMINISTRATION UNDER SUBSECTION (A) 26 OF THIS SECTION. 27 (2) THE COUNCIL SHALL ATTEMPT TO REACH CONS ENSUS AND ALL 28 MEMBERS SHALL BE AFF ORDED AN OPPORTUNITY TO BE HEARD. 29 8 SENATE BILL 1027 (3) IF CONSENSUS CANNOT B E REACHED ON A PARTI CULAR ISSUE, 1 THE COUNCIL MAY VOTE WITH A 75% AGREEMENT THRESHOLD . 2 (4) (I) A COUNCIL MEMBER MAY NO T VOTE ON ANOTHER 3 MEMBER’S BEHALF. 4 (II) A COUNCIL MEMBER MAY DE SIGNATE A PROXY FOR THE 5 MEMBER. 6 (III) A COUNCIL MEMBER ’S PROXY MAY VOTE ON BEHALF OF A 7 MEMBER ONLY IF THE P ROXY IS ATTENDING TH E MEETING FOR THE ME MBER. 8 (IV) A COUNCIL MEMBER ’S PROXY MAY NOT VOTE ON BEHALF OF 9 THE PROXY. 10 SECTION 2. AND BE IT FURTHER ENACTED, That the terms of the initial voting 11 members of the Maryland Development Disabilities Administration Waiver Advisory 12 Council shall expire as follows: 13 (1) 18 22 members in 2027; and 14 (2) 17 21 members in 2028. 15 SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 16 October 1, 2025. 17 Approved: ________________________________________________________________________________ Governor. ________________________________________________________________________________ President of the Senate. ________________________________________________________________________________ Speaker of the House of Delegates.