EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0163*
SENATE BILL 163
J1 5lr1221
(PRE–FILED)
By: Senator M. Washington
Requested: October 15, 2024
Introduced and read first time: January 8, 2025
Assigned to: Finance
A BILL ENTITLED
AN ACT concerning 1
Health – General Article – References to Mental Health 2
FOR the purpose of replacing references to mental hygiene with references to mental health 3
in certain provisions of law governing public health; and generally relating to 4
references to mental health. 5
BY repealing and reenacting, with amendments, 6
Article – Health – General 7
Section 2–105(a) and 10–208; 16–301 and 16–303(b) to be under the amended 8
subtitle “Subtitle 3. Special Provisions as to Mental Health”; and 24–1105(b) 9
Annotated Code of Maryland 10
(2023 Replacement Volume and 2024 Supplement) 11
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12
That the Laws of Maryland read as follows: 13
Article – Health – General 14
2–105. 15
(a) The Secretary shall establish general policy for, and adopt standards to 16
promote and guide the development of, the physical and mental [hygiene] HEALTH services 17
of this State and its subdivisions. 18
10–208. 19
(a) (1) There is a continuing, nonlapsing Mental [Hygiene] HEALTH 20
Community–Based Services Fund. 21
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(2) The purpose of the Mental [Hygiene] HEALTH Community–Based 1
Services Fund is to ensure that funds realized from the sale or lease of Behavioral Health 2
Administration facilities as the result of downsizing, consolidation, or closure are used to 3
provide community–based services. 4
(b) Notwithstanding any other provision of law, if any Behavioral Health 5
Administration facility is downsized, consolidated, or closed, all State property associated 6
with the facility that is not transferred to another governmental entity shall be sold or 7
leased at fair market value, and the net proceeds of the sale or lease shall be deposited into 8
the Mental [Hygiene] HEALTH Community–Based Services Fund. 9
(c) (1) If a facility operated by the Behavioral Health Administration is 10
downsized, consolidated, or closed such that the net resident population declines or if a 11
facility is closed or consolidated and bed capacity levels remained unchanged: 12
(i) State general funds may be appropriated as necessary, in 13
advance, to assist in the downsizing; 14
(ii) Any funds in the Mental [Hygiene] HEALTH Community–Based 15
Services Fund: 16
1. May not supplant resources for existing community 17
services; and 18
2. Shall be used to meet the needs of individuals leaving 19
facilities to enter community–based services; and 20
(iii) Any funds remaining after meeting the needs of individuals 21
identified in subparagraph (ii)2 of this paragraph shall be used to increase the availability 22
of: 23
1. Affordable housing and employment opportunities for 24
individuals with mental illness; and 25
2. Community mental health services designed to promote 26
recovery and community integration, including development of the Maryland Mental 27
Health Crisis Response System established under Subtitle 14 of this title. 28
(2) Funds in the Mental [Hygiene] HEALTH Community–Based Services 29
Fund shall be spent in accordance with a plan developed by the Behavioral Health 30
Administration in consultation with consumers, family members, providers, and mental 31
health advocates. 32
(d) On or before January 1 of each year, the Secretary shall prepare a report to 33
be submitted to the General Assembly and the Department of Legislative Services on the 34
Mental [Hygiene] HEALTH Community–Based Services Fund. 35
SENATE BILL 163 3
(e) Any unspent portions of the Mental [Hygiene] HEALTH Community–Based 1
Services Fund and any interest earned on money in the Waiting List Equity Fund may not 2
be transferred or revert to the General Fund of the State but shall remain in the Mental 3
[Hygiene] HEALTH Community–Based Services Fund to be used for the purposes specified 4
in this section. 5
Subtitle 3. Special Provisions as to Mental [Hygiene] HEALTH. 6
16–301. 7
Except as otherwise provided in this subtitle, Subtitle 2 of this title applies to a 8
recipient of services under the Maryland Mental [Hygiene] HEALTH Law. 9
16–303. 10
(b) (1) If any property of an individual admitted under the Maryland Mental 11
[Hygiene] HEALTH Law remains in the custody of a public facility for 1 year after the 12
death or escape of the individual, the administrative head of the facility shall investigate 13
to determine if any other person legally is entitled to that property. 14
(2) If such a person is not found: 15
(i) As much as possible of the account of the individual at the facility 16
shall be paid from the property; and 17
(ii) Any balance becomes the property of this State and shall be paid 18
into the General Fund of this State. 19
24–1105. 20
(b) In accordance with an appropriation approved by the General Assembly in the 21
State budget, the Comptroller shall transfer: 22
(1) The investment earnings of the Devel opmental Disabilities 23
Administration account of the Trust Fund into the Waiting List Equity Fund established 24
under § 7–205 of this article; and 25
(2) The proceeds and investment earnings of the Behavioral Health 26
Administration account of the Trust Fund in to the Mental [Hygiene] HEALTH 27
Community–Based Services Fund established under § 10–208 of this article. 28
SECTION 2. AND BE IT FURTHER ENACTED, That , on or before October 1, 2026, 29
the Maryland Department of Health shall conduct a thorough review of Department 30
regulations and adopt regulations to replace any reference to “mental hygiene” with 31
“mental health” for consistency with this Act. 32
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SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 1
October 1, 2025. 2