Old | New | Differences | |
---|---|---|---|
1 | 1 | ||
2 | 2 | ||
3 | 3 | EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. | |
4 | 4 | [Brackets] indicate matter deleted from existing law. | |
5 | - | Underlining indicates amendments to bill. | |
6 | - | Strike out indicates matter stricken from the bill by amendment or deleted from the law by | |
7 | - | amendment. | |
8 | 5 | *sb0696* | |
9 | 6 | ||
10 | 7 | SENATE BILL 696 | |
11 | 8 | J1, J3 5lr2222 | |
12 | - | CF | |
9 | + | CF 5lr2475 | |
13 | 10 | By: Senator Beidle | |
14 | 11 | Introduced and read first time: January 26, 2025 | |
15 | 12 | Assigned to: Finance | |
16 | - | Committee Report: Favorable with amendments | |
17 | - | Senate action: Adopted with floor amendments | |
18 | - | Read second time: March 18, 2025 | |
19 | 13 | ||
20 | - | ||
14 | + | A BILL ENTITLED | |
21 | 15 | ||
22 | 16 | AN ACT concerning 1 | |
23 | 17 | ||
24 | - | Public Health – Pediatric Hospital Overstay Patients and Workgroup on 2 | |
25 | - | Children in Unlicensed Settings and Pediatric Overstays 3 | |
18 | + | Public Health – Pediatric Hospital Overstay Patients 2 | |
26 | 19 | ||
27 | - | FOR the purpose of specifying that the scope of the Maryland Mental Health and Substance 4 | |
28 | - | Use Disorder Registry and Referral System includes both private and State inpatient 5 | |
29 | - | and outpatient mental health and substance use services; requiring the Maryland 6 | |
30 | - | Department of Health, in coordination with and the Department of Human Services, 7 | |
31 | - | under certain circumstances, to ensure pediatric hospital overstay patients are 8 | |
32 | - | placed in the least restrictive setting when clinically indicated and when possible; 9 | |
33 | - | authorizing a hospital to concurrently explore in–State and out–of–state placements 10 | |
34 | - | for pediatric hospital overstay patients; establishing the requiring the Maryland 11 | |
35 | - | Department of Health and the Department of Human Services to establish a 12 | |
36 | - | Pediatric Hospital Overstay Coordinator within the Governor’s Office for Children; 13 | |
37 | - | requiring the Maryland Department of Health to conduct a certain study and review 14 | |
38 | - | of residential treatment center and respite facility rates; each department; 15 | |
39 | - | establishing the Workgroup on Children in Unlicensed Settings and Pediatric 16 | |
40 | - | Overstays in the State; and generally relating to pediatric hospital overstay patients 17 | |
41 | - | and children in unlicensed settings. 18 | |
20 | + | FOR the purpose of specifying that the scope of the Maryland Mental Health and Substance 3 | |
21 | + | Use Disorder Registry and Referral System includes both private and State inpatient 4 | |
22 | + | and outpatient mental health and substance use services; requiring the Maryland 5 | |
23 | + | Department of Health, in coordination with the Department of Human Services, to 6 | |
24 | + | ensure pediatric hospital overstay patients are placed in the least restrictive setting 7 | |
25 | + | possible; authorizing a hospital to concurrently explore in–State and out–of–state 8 | |
26 | + | placements for pediatric hospital overstay patients; establishing the Pediatric 9 | |
27 | + | Hospital Overstay Coordinator within the Governor’s Office for Children; requiring 10 | |
28 | + | the Maryland Department of Health to conduct a certain study and review of 11 | |
29 | + | residential treatment center and respite facility rates; and generally relating to 12 | |
30 | + | pediatric hospital overstay patients. 13 | |
42 | 31 | ||
43 | - | BY repealing and reenacting, with amendments, 19 | |
32 | + | BY repealing and reenacting, with amendments, 14 | |
33 | + | Article – Health – General 15 | |
34 | + | Section 7.5–802(a) and (d) 16 | |
35 | + | Annotated Code of Maryland 17 | |
36 | + | (2023 Replacement Volume and 2024 Supplement) 18 | |
37 | + | ||
38 | + | BY adding to 19 | |
44 | 39 | Article – Health – General 20 | |
45 | - | Section 7.5–802(a) and (d) 21 | |
46 | - | Annotated Code of Maryland 22 | |
47 | - | (2023 Replacement Volume and 2024 Supplement) 23 | |
48 | - | 2 SENATE BILL 696 | |
40 | + | Section 19–388 through 19–390 to be under the new part “Part XII. Pediatric 21 | |
41 | + | Overstay” 22 | |
42 | + | Annotated Code of Maryland 23 | |
43 | + | (2023 Replacement Volume and 2024 Supplement) 24 | |
44 | + | ||
45 | + | BY repealing and reenacting, with amendments, 25 | |
46 | + | Article – State Government 26 | |
47 | + | Section 9–2801 27 | |
48 | + | Annotated Code of Maryland 28 2 SENATE BILL 696 | |
49 | 49 | ||
50 | 50 | ||
51 | - | BY adding to 1 | |
52 | - | Article – Health – General 2 | |
53 | - | Section 19–388 through 19–390 to be under the new part “Part XII. Pediatric 3 | |
54 | - | Overstay” 4 | |
51 | + | (2021 Replacement Volume and 2024 Supplement) 1 | |
52 | + | ||
53 | + | BY adding to 2 | |
54 | + | Article – State Government 3 | |
55 | + | Section 9–2806 4 | |
55 | 56 | Annotated Code of Maryland 5 | |
56 | - | ( | |
57 | + | (2021 Replacement Volume and 2024 Supplement) 6 | |
57 | 58 | ||
58 | - | BY repealing and reenacting, with amendments, 7 | |
59 | - | Article – State Government 8 | |
60 | - | Section 9–2801 9 | |
61 | - | Annotated Code of Maryland 10 | |
62 | - | (2021 Replacement Volume and 2024 Supplement) 11 | |
59 | + | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 7 | |
60 | + | That the Laws of Maryland read as follows: 8 | |
63 | 61 | ||
64 | - | BY adding to 12 | |
65 | - | Article – State Government 13 | |
66 | - | Section 9–2806 14 | |
67 | - | Annotated Code of Maryland 15 | |
68 | - | (2021 Replacement Volume and 2024 Supplement) 16 | |
62 | + | Article – Health – General 9 | |
69 | 63 | ||
70 | - | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17 | |
71 | - | That the Laws of Maryland read as follows: 18 | |
64 | + | 7.5–802. 10 | |
72 | 65 | ||
73 | - | Article – Health – General 19 | |
66 | + | (a) (1) There is a Maryland Mental Health and Substance Use Disorder 11 | |
67 | + | Registry and Referral System in the Department. 12 | |
74 | 68 | ||
75 | - | 7.5–802. 20 | |
69 | + | (2) The purpose of the Registry and Referral System is to provide a 13 | |
70 | + | statewide system through which health care providers can identify and access available 14 | |
71 | + | PRIVATE AND STATE inpatient and outpatient mental health and substance use services 15 | |
72 | + | for patients in a seamless manner. 16 | |
76 | 73 | ||
77 | - | (a) (1) There is a Maryland Mental Health and Substance Use Disorder 21 | |
78 | - | Registry and Referral System in the Department. 22 | |
74 | + | (3) Subject to the availability of funds, the Department shall develop and 17 | |
75 | + | implement the Registry and Referral System, in collaboration with the State–designated 18 | |
76 | + | Health Information Exchange. 19 | |
79 | 77 | ||
80 | - | (2) The purpose of the Registry and Referral System is to provide a 23 | |
81 | - | statewide system through which health care providers can identify and access available 24 | |
82 | - | PRIVATE AND STATE inpatient and outpatient mental health and substance use services 25 | |
83 | - | for patients in a seamless manner. 26 | |
78 | + | (4) The Registry and Referral System shall include: 20 | |
84 | 79 | ||
85 | - | ( | |
86 | - | ||
87 | - | ||
80 | + | (i) A searchable inventory of any PRIVATE OR STATE provider of 21 | |
81 | + | mental health and substance use disorder services, including inpatient, crisis, and 22 | |
82 | + | outpatient services; 23 | |
88 | 83 | ||
89 | - | (4) The Registry and Referral System shall include: 30 | |
84 | + | (ii) The capability to allow a provider of mental health and substance 24 | |
85 | + | use disorder services to update registry information including the real–time availability of 25 | |
86 | + | services; and 26 | |
90 | 87 | ||
91 | - | ( | |
92 | - | mental health and substance use | |
93 | - | ||
88 | + | (iii) An electronic referral system that is available to any health care 27 | |
89 | + | provider in the State to facilitate electronic referrals to mental health and substance use 28 | |
90 | + | disorder providers. 29 | |
94 | 91 | ||
95 | - | (ii) The capability to allow a provider of mental health and substance 34 | |
96 | - | use disorder services to update registry information including the real–time availability of 35 | |
97 | - | services; and 36 SENATE BILL 696 3 | |
92 | + | (d) Each PRIVATE AND STATE hospital shall ensure the availability of staff to 30 | |
93 | + | identify appropriate and available services for patients in the hospital who are in need of 31 | |
94 | + | mental health or substance use disorder services and to assist the patient in accessing the 32 | |
95 | + | services. 33 | |
96 | + | ||
97 | + | 19–386. RESERVED. 34 SENATE BILL 696 3 | |
98 | 98 | ||
99 | 99 | ||
100 | 100 | ||
101 | - | (iii) An electronic referral system that is available to any health care 1 | |
102 | - | provider in the State to facilitate electronic referrals to mental health and substance use 2 | |
103 | - | disorder providers. 3 | |
101 | + | 19–387. RESERVED. 1 | |
104 | 102 | ||
105 | - | (d) Each PRIVATE AND STATE hospital shall ensure the availability of staff to 4 | |
106 | - | identify appropriate and available services for patients in the hospital who are in need of 5 | |
107 | - | mental health or substance use disorder services and to assist the patient in accessing the 6 | |
108 | - | services. 7 | |
103 | + | PART XII. PEDIATRIC OVERSTAY. 2 | |
109 | 104 | ||
110 | - | 19– | |
105 | + | 19–388. 3 | |
111 | 106 | ||
112 | - | 19–387. RESERVED. 9 | |
107 | + | IN THIS PART, “PEDIATRIC HOSPITAL OV ERSTAY PATIENT ” MEANS A PATIENT 4 | |
108 | + | UNDER THE AGE OF 22 YEARS WHO REMAINS IN AN INPATIENT UNIT OR EMERGENCY 5 | |
109 | + | DEPARTMENT OF A HOSPITAL FOR MORE THAN 24 HOURS AFTER BEING ME DICALLY 6 | |
110 | + | CLEARED FOR DISCHARG E OR TRANSFER . 7 | |
113 | 111 | ||
114 | - | ||
112 | + | 19–389. 8 | |
115 | 113 | ||
116 | - | 19–388. 11 | |
114 | + | (A) THE DEPARTMENT , IN COORDINATION WITH THE DEPARTMENT OF 9 | |
115 | + | HUMAN SERVICES, SHALL ENSURE THAT A PEDIATRIC HOS PITAL OVERSTAY 10 | |
116 | + | PATIENT IS TRANSFERRED TO AND TREATED IN THE LEAST RESTRICTIV E SETTING 11 | |
117 | + | POSSIBLE. 12 | |
117 | 118 | ||
118 | - | (A) IN THIS PART, “PEDIATRIC HOSPITAL THE FOLLOWING WORDS HAVE 12 | |
119 | - | THE MEANINGS INDICAT ED. 13 | |
119 | + | (B) NOTWITHSTANDING ANY O THER PROVISION OF LA W, TO ENSURE THAT 13 | |
120 | + | A PEDIATRIC HOSPITAL OVERSTAY PATIENT IS TREATED IN THE LEAST RESTRICTIVE 14 | |
121 | + | SETTING, A HOSPITAL MAY CONCURRENTLY EXPLORE IN–STATE AND 15 | |
122 | + | OUT–OF–STATE PLACEMENT OPTI ONS. 16 | |
120 | 123 | ||
121 | - | (B) “COORDINATORS ” MEANS THE PEDIATRIC OVERSTAY COORDINATOR IN 14 | |
122 | - | THE DEPARTMENT AND THE PE DIATRIC OVERSTAY COO RDINATOR IN THE 15 | |
123 | - | DEPARTMENT OF HUMAN SERVICES. 16 | |
124 | + | 19–390. 17 | |
124 | 125 | ||
125 | - | ( | |
126 | - | ||
127 | - | ||
128 | - | ||
126 | + | (A) (1) FOR FISCAL YEAR 2026, THE GOVERNOR MAY INCLUDE IN THE 18 | |
127 | + | ANNUAL BUDGET BILL AN APPROPRIATION SUF FICIENT TO FILL ALL POSITIONS 19 | |
128 | + | AUTHORIZED FOR A REGIONAL INSTITUTE FOR CHILDREN AND ADOLESCENTS IN 20 | |
129 | + | THE STATE. 21 | |
129 | 130 | ||
130 | - | 19–389. 21 | |
131 | + | (2) FOR FISCAL YEAR 2027 AND EACH FISCAL YEAR THEREAFTER , 22 | |
132 | + | THE GOVERNOR SHALL INCLUD E IN THE ANNUAL BUDG ET BILL AN APPROPRIATION 23 | |
133 | + | SUFFICIENT TO FILL ALL POSITIONS A UTHORIZED FOR A REGIONAL INSTITUTE FOR 24 | |
134 | + | CHILDREN AND ADOLESCENTS IN THE STATE. 25 | |
131 | 135 | ||
132 | - | (A) (1) THE DEPARTMENT , IN COORDINATION WITH THE DEPARTMENT 22 | |
133 | - | OF HUMAN SERVICES, EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS 23 | |
134 | - | SUBSECTION, THE DEPARTMENT SHALL ENSURE THAT A PEDIATRIC HOSPITAL 24 | |
135 | - | OVERSTAY PATIENT IS TRANSFERRED TO AND T REATED IN THE LEAST RESTRICTIVE 25 | |
136 | - | SETTING WHEN CLINICALLY INDI CATED AND WHEN POSSIBLE. 26 | |
136 | + | (B) THE GOVERNOR MAY USE FUNDS DESIGNATED FOR THE ADOLESCENT 26 | |
137 | + | HOSPITAL OVERSTAY PROGRAM FOR THE PURPOSES IDENTIFIED IN SUBSECTION 27 | |
138 | + | (A) OF THIS SECTION. 28 | |
137 | 139 | ||
138 | - | (2) THE DEPARTMENT OF HUMAN SERVICES, IN COORDINATION 27 | |
139 | - | WITH THE DEPARTMENT , SHALL ENSURE THAT A PEDIATRIC HOSPITAL O VERSTAY 28 | |
140 | - | PATIENT WHO IS A CHI LD COMMITTED TO THE CARE AND CUSTODY OF THE 29 | |
141 | - | DEPARTMENT OF HUMAN SERVICES IS TRANSFERR ED TO AND TREATED IN THE 30 | |
142 | - | LEAST RESTRICTIVE SE TTING WHEN CLINICALL Y INDICATED AND WHEN POSSIBLE. 31 | |
140 | + | Article – State Government 29 | |
141 | + | ||
142 | + | 9–2801. 30 | |
143 | 143 | 4 SENATE BILL 696 | |
144 | 144 | ||
145 | 145 | ||
146 | - | (B) IF A PEDIATRIC HOSPIT AL OVERSTAY PATIENT REMAINS IN THE 1 | |
147 | - | HOSPITAL FOR MORE TH AN 48 HOURS AND THE REGIST RY ESTABLISHED UNDER § 2 | |
148 | - | 7.5–802 OF THIS ARTICLE INDI CATES THAT AN APPROP RIATE INPATIENT BED IS 3 | |
149 | - | AVAILABLE, THE HOSPITAL SHALL S EEK THE TRANSFER TO MAINTAIN THE CLINICA L 4 | |
150 | - | STABILITY OF THE PAT IENT. 5 | |
146 | + | (a) In this subtitle the following words have the meanings indicated. 1 | |
151 | 147 | ||
152 | - | (C) NOTWITHSTANDING ANY O THER PROVISION OF LA W, TO ENSURE THAT 6 | |
153 | - | A PEDIATRIC HOSPITAL OVERSTAY PATIENT IS TREATED IN THE LEAST RESTRIC TIVE 7 | |
154 | - | SETTING, A HOSPITAL MAY CONCU RRENTLY EXPLORE IN –STATE AND 8 | |
155 | - | OUT–OF–STATE PLACEMENT OPTI ONS. 9 | |
148 | + | (B) “COORDINATOR ” MEANS THE PEDIATRIC HOSPITAL OVERSTAY 2 | |
149 | + | COORDINATOR WITHIN TH E GOVERNOR’S OFFICE FOR CHILDREN. 3 | |
156 | 150 | ||
157 | - | 19–390. 10 | |
151 | + | [(b)] (C) “Eligible neighborhood” means a neighborhood that includes census 4 | |
152 | + | tracts with more than 30% of children living in poverty and is served by, as defined by the 5 | |
153 | + | Office, a community school with a concentration of poverty level, as defined in § 5–223 of 6 | |
154 | + | the Education Article, of: 7 | |
158 | 155 | ||
159 | - | (A) THE DEPARTMENT AND THE DEPARTMENT OF HUMAN SERVICES 11 | |
160 | - | SHALL ESTABLISH A PE DIATRIC HOSPITAL OVE RSTAY COORDINATOR WITHIN E ACH 12 | |
161 | - | DEPARTMENT . 13 | |
156 | + | (1) in fiscal year 2025 and 2026, at least 80%; 8 | |
162 | 157 | ||
163 | - | (B) THE COORDINATORS SHAL L ACT IN THE BEST INTEREST OF A PEDIATRI C 14 | |
164 | - | OVERSTAY PATIENT BY COORDINATING BETWEEN HOSPITALS, RELEVANT STATE 15 | |
165 | - | AGENCIES AND PROGRAM S, AND PROVIDERS OF MEN TAL HEALTH AND SUBST ANCE 16 | |
166 | - | USE DISORDER SER VICES. 17 | |
158 | + | (2) in fiscal year 2027 through fiscal year 2029, at least 75%; 9 | |
167 | 159 | ||
168 | - | ( | |
160 | + | (3) in fiscal year 2030, at least 60%; and 10 | |
169 | 161 | ||
170 | - | (1) ADVOCATE ON BEHALF OF PEDIATRIC HOSPITAL O VERSTAY 19 | |
171 | - | PATIENTS WHILE MAINT AINING APPROPRIATE P ATIENT CONFIDENTIALI TY; 20 | |
162 | + | (4) in fiscal year 2031, and each fiscal year thereafter, at least 55%. 11 | |
172 | 163 | ||
173 | - | (2) REVIEW POLICIES AND P ROCEDURES OF RELEVAN T STATE 21 | |
174 | - | AGENCIES AND MAKE RE COMMENDATIONS FOR NE CESSARY CHANGES TO TH E 22 | |
175 | - | POLICIES AND PROCEDU RES TO BETTER SERVE PEDIATRIC HOSPITAL O VERSTAY 23 | |
176 | - | PATIENTS; 24 | |
164 | + | [(c)] (D) “Fund” means the ENOUGH Grant Fund. 12 | |
177 | 165 | ||
178 | - | (3) MAINTAIN DATA ON EACH PEDIATRIC HOSPITAL O VERSTAY 25 | |
179 | - | PATIENT, INCLUDING: 26 | |
166 | + | [(d)] (E) “Office” means the Governor’s Office for Children. 13 | |
180 | 167 | ||
181 | - | (I) PATIENT’S LENGTH OF STAY ; 27 | |
168 | + | (F) “PEDIATRIC HOSPITAL OV ERSTAY PATIENT ” HAS THE MEANING STAT ED 14 | |
169 | + | IN § 19–388 OF THE HEALTH – GENERAL ARTICLE. 15 | |
182 | 170 | ||
183 | - | (II) THE RESPONSIBLE STATE AGENCY, IF APPLICABLE; 28 | |
171 | + | [(e)] (G) “Program” means the Engaging Neighborhoods, Organizations, Unions, 16 | |
172 | + | Governments, and Households (ENOUGH) Grant Program. 17 | |
184 | 173 | ||
185 | - | (III) SERVICES NEEDED ; 29 | |
174 | + | [(f)] (H) “Special Secretary” means the Special Secretary of the Governor’s 18 | |
175 | + | Office for Children. 19 | |
186 | 176 | ||
187 | - | (IV) PLACEMENT OPTIONS BEI NG SOUGHT BY THE PAT IENT; 30 | |
188 | - | SENATE BILL 696 5 | |
177 | + | 9–2806. 20 | |
178 | + | ||
179 | + | (A) THERE IS A PEDIATRIC HOSPITAL OVERSTAY COORDINATOR WITHIN 21 | |
180 | + | THE OFFICE. 22 | |
181 | + | ||
182 | + | (B) THE COORDINATOR SHALL ACT IN THE BEST INTEREST OF A PEDIATRIC 23 | |
183 | + | HOSPITAL OVERSTAY PATIENT BY COORDINAT ING BETWEEN RELEVANT STATE 24 | |
184 | + | AGENCIES AND PROGRAM S, INCLUDING PUBLIC BEHAVIORAL HE ALTH CARE 25 | |
185 | + | COORDINATION PROGRAM S. 26 | |
186 | + | ||
187 | + | (C) (1) ON OR BEFORE JANUARY 1, 2026, THE OFFICE AND THE 27 | |
188 | + | COORDINATOR SHALL ENT ER INTO A MEMORANDUM OF UNDERSTANDING WIT H THE 28 | |
189 | + | MARYLAND DEPARTMENT OF HEALTH, THE DEPARTMENT OF HUMAN SERVICES, 29 | |
190 | + | AND ANY OTHER RELEVA NT STATE AGENCY FOR THE SHARING AND STORAGE OF 30 SENATE BILL 696 5 | |
189 | 191 | ||
190 | 192 | ||
191 | - | ||
192 | - | ||
193 | + | INFORMATION AND DATA RELATED TO PEDIATRIC HOSPITAL OVERSTAY PA TIENTS 1 | |
194 | + | IN THE STATE. 2 | |
193 | 195 | ||
194 | - | (VI) ANY OTHER RELEVANT DA TA; AND 3 | |
196 | + | (2) THE MEMORANDUM OF UND ERSTANDING SHALL GOV ERN THE 3 | |
197 | + | ACCESS, USE, MAINTENANCE , DISCLOSURE, AND REDISCLOSURE OF PROTECTED 4 | |
198 | + | HEALTH INFORMATION IN ACCORDANCE WITH FEDERAL AND STATE LAW, 5 | |
199 | + | INCLUDING THE FEDERAL HEALTH INSURANCE PORTABILITY AND 6 | |
200 | + | ACCOUNTABILITY ACT. 7 | |
195 | 201 | ||
196 | - | (4) REPORT ON THE DATA COLLECTED UNDER THIS SUBSECTION TO 4 | |
197 | - | THE SECRETARY AND THE SECRETARY OF HUMAN SERVICES. 5 | |
202 | + | (D) THE COORDINATOR SHALL : 8 | |
198 | 203 | ||
199 | - | (A) (1) FOR FISCAL YEAR 2026, THE GOVERNOR MAY INCLUDE IN THE 6 | |
200 | - | ANNUAL BUDGET BILL A N APPROPRIATION SUFF ICIENT TO FILL ALL P OSITIONS 7 | |
201 | - | AUTHORIZED FOR A REGIONAL INSTITUTE FOR CHILDREN AND ADOLESCENTS IN 8 | |
202 | - | THE STATE. 9 | |
204 | + | (1) WORK INDEPENDENTLY AND IMPARTIALLY, WHILE MAINTAINING 9 | |
205 | + | APPROPRIATE PATIENT CONFIDENTIALITY , TO ADVOCATE ON BEHAL F OF 10 | |
206 | + | PEDIATRIC HOSPITAL O VERSTAY PATIENTS ; 11 | |
203 | 207 | ||
204 | - | (2) | |
205 | - | ||
206 | - | ||
207 | - | ||
208 | + | (2) REVIEW POLICIES AND PROCEDURES OF RELEVA NT STATE 12 | |
209 | + | AGENCIES AND MAKE RECOMMENDATIONS FOR NECESSARY CHANGES TO THE 13 | |
210 | + | POLICIES OR PROCEDUR ES TO BETTER SERVE PEDIATR IC HOSPITAL OVERSTAY 14 | |
211 | + | PATIENTS; AND 15 | |
208 | 212 | ||
209 | - | (B) THE GOVERNOR MAY USE FUND S DESIGNATED FOR THE ADOLESCENT 14 | |
210 | - | HOSPITAL OVERSTAY PROGRAM FOR THE PURPO SES IDENTIFIED IN SU BSECTION 15 | |
211 | - | (A) OF THIS SECTION. 16 | |
213 | + | (3) MAINTAIN DATA ON EAC H PEDIATRIC HOSPITAL OVERSTAY 16 | |
214 | + | PATIENT, INCLUDING: 17 | |
212 | 215 | ||
213 | - | ||
216 | + | (I) THE PATIENT’S LENGTH OF STAY ; 18 | |
214 | 217 | ||
215 | - | ||
218 | + | (II) THE RESPONSIBLE STATE AGENCY, IF APPLICABLE; 19 | |
216 | 219 | ||
217 | - | ( | |
220 | + | (III) SERVICES NEEDED ; 20 | |
218 | 221 | ||
219 | - | (B) “COORDINATOR ” MEANS THE PEDIATRIC HOSPITAL OVERSTAY 20 | |
220 | - | COORDINATOR WITHIN TH E GOVERNOR’S OFFICE FOR CHILDREN. 21 | |
222 | + | (IV) PLACEMENT OPTIONS BEING SOUGHT BY THE PATIENT; 21 | |
221 | 223 | ||
222 | - | [(b)] (C) “Eligible neighborhood” means a neighborhood that includes census 22 | |
223 | - | tracts with more than 30% of children living in poverty and is served by, as defined by the 23 | |
224 | - | Office, a community school with a concentration of poverty level, as defined in § 5–223 of 24 | |
225 | - | the Education Article, of: 25 | |
224 | + | (V) INFORMATION REGARDIN G PREVIOUS HOSPITAL 22 | |
225 | + | ADMISSIONS FOR A BEH AVIORAL HEALTH DIAGN OSIS; AND 23 | |
226 | 226 | ||
227 | - | ( | |
227 | + | (VI) ANY OTHER RELEVANT DATA. 24 | |
228 | 228 | ||
229 | - | (2) in fiscal year 2027 through fiscal year 2029, at least 75%; 27 | |
230 | - | ||
231 | - | (3) in fiscal year 2030, at least 60%; and 28 | |
232 | - | ||
233 | - | (4) in fiscal year 2031, and each fiscal year thereafter, at least 55%. 29 | |
234 | - | ||
235 | - | [(c)] (D) “Fund” means the ENOUGH Grant Fund. 30 6 SENATE BILL 696 | |
236 | - | ||
237 | - | ||
238 | - | ||
239 | - | [(d)] (E) “Office” means the Governor’s Office for Children. 1 | |
240 | - | ||
241 | - | (F) “PEDIATRIC HOSPITAL OV ERSTAY PATIENT ” HAS THE MEANING STAT ED 2 | |
242 | - | IN § 19–388 OF THE HEALTH – GENERAL ARTICLE. 3 | |
243 | - | ||
244 | - | [(e)] (G) “Program” means the Engaging Neighborhoods, Organizations, Unions, 4 | |
245 | - | Governments, and Households (ENOUGH) Grant Program. 5 | |
246 | - | ||
247 | - | [(f)] (H) “Special Secretary” means the Special Secretary of the Governor’s 6 | |
248 | - | Office for Children. 7 | |
249 | - | ||
250 | - | 9–2806. 8 | |
251 | - | ||
252 | - | (A) THERE IS A PEDIATRIC HOSPITAL OVERSTAY COORDINATOR WITHIN 9 | |
253 | - | THE OFFICE. 10 | |
254 | - | ||
255 | - | (B) THE COORDINATOR SHALL ACT IN THE BEST INTEREST OF A PEDIATRIC 11 | |
256 | - | HOSPITAL OVERSTAY PA TIENT BY COORDINATIN G BETWEEN RELEVANT STATE 12 | |
257 | - | AGENCIES AND PROGRAM S, INCLUDING PUBLIC BEH AVIORAL HEALTH CARE 13 | |
258 | - | COORDINATION PROGRAM S. 14 | |
259 | - | ||
260 | - | (C) (1) ON OR BEFORE JANUARY 1, 2026, THE OFFICE AND THE 15 | |
261 | - | COORDINATOR SHALL ENT ER INTO A MEMORANDUM OF UNDERSTANDING WITH T HE 16 | |
262 | - | MARYLAND DEPARTMENT OF HEALTH, THE DEPARTMENT OF HUMAN SERVICES, 17 | |
263 | - | AND ANY OTHER RELEVA NT STATE AGENCY FOR THE SHARING AND STORAGE OF 18 | |
264 | - | INFORMATION AND DATA RELATED TO PEDIATRIC HOSPITAL OVERSTAY PA TIENTS 19 | |
265 | - | IN THE STATE. 20 | |
266 | - | ||
267 | - | (2) THE MEMORANDUM OF UND ERSTANDING SHALL GOV ERN THE 21 | |
268 | - | ACCESS, USE, MAINTENANCE , DISCLOSURE, AND REDISCLOSURE OF PROTECTED 22 | |
269 | - | HEALTH INFORMATION I N ACCORDANCE WITH FE DERAL AND STATE LAW, 23 | |
270 | - | INCLUDING THE FEDERA L HEALTH INSURANCE PORTABILITY AND 24 | |
271 | - | ACCOUNTABILITY ACT. 25 | |
272 | - | ||
273 | - | (D) THE COORDINATOR SHALL : 26 | |
274 | - | ||
275 | - | (1) WORK INDEPENDENTLY A ND IMPARTIALLY , WHILE MAINTAINING 27 | |
276 | - | APPROPRIATE PATIENT CONFIDENTIALITY , TO ADVOCATE ON BEHAL F OF 28 | |
277 | - | PEDIATRIC HOSPITAL O VERSTAY PATIENTS ; 29 | |
278 | - | ||
279 | - | (2) REVIEW POLICIES AND PROCEDURES OF RELEVA NT STATE 30 | |
280 | - | AGENCIES AND MAKE RE COMMENDATIONS FOR NE CESSARY CHANGES TO T HE 31 SENATE BILL 696 7 | |
281 | - | ||
282 | - | ||
283 | - | POLICIES OR PROCEDUR ES TO BETTER SERVE P EDIATRIC HOSPITAL OV ERSTAY 1 | |
284 | - | PATIENTS; AND 2 | |
285 | - | ||
286 | - | (3) MAINTAIN DATA ON EAC H PEDIATRIC HOSPITAL OVERSTAY 3 | |
287 | - | PATIENT, INCLUDING: 4 | |
288 | - | ||
289 | - | (I) THE PATIENT’S LENGTH OF STA Y; 5 | |
290 | - | ||
291 | - | (II) THE RESPONSIBLE STATE AGENCY, IF APPLICABLE; 6 | |
292 | - | ||
293 | - | (III) SERVICES NEEDED ; 7 | |
294 | - | ||
295 | - | (IV) PLACEMENT OPTIONS BE ING SOUGHT BY THE PA TIENT; 8 | |
296 | - | ||
297 | - | (V) INFORMATION REGARDIN G PREVIOUS HOSPITAL 9 | |
298 | - | ADMISSIONS FOR A BEH AVIORAL HEALTH DIAGN OSIS; AND 10 | |
299 | - | ||
300 | - | (VI) ANY OTHER RELEVANT DATA . 11 | |
301 | - | ||
302 | - | (E) ON OR BEFORE OCTOBER 1 EACH YEAR, BEGINNING IN 2026, THE 12 | |
303 | - | COORDINATOR SHALL REP ORT TO THE GOVERNOR AND , IN ACCORDANCE WITH § 13 | |
304 | - | 2–1257 OF THIS ARTICLE , THE SENATE FINANCE COMMITTEE AND THE HOUSE 14 | |
305 | - | HEALTH AND GOVERNMENT OPERATIONS COMMITTEE ON THE NUMBER OF 15 | |
306 | - | PEDIATRIC HOSPITAL O VERSTAY PATIENTS IN THE STATE AND DE –IDENTIFIED 16 | |
307 | - | INFORMATION RELATED TO ACTION PLANS IN P LACE TO ACHIEVE APPR OPRIATE 17 | |
308 | - | PLACEMENT . 18 | |
309 | - | ||
310 | - | SECTION 2. AND BE IT FURTHER ENACTED, That: 19 | |
311 | - | ||
312 | - | (a) The Maryland Department of Health shall: 20 | |
313 | - | ||
314 | - | (1) review the reimbursement rates paid to residential treatment centers 21 | |
315 | - | and respite care facilities in the State and determine the reimbursement rate that would 22 | |
316 | - | be necessary to cover the cost of care and prevent future bed closures in residential 23 | |
317 | - | treatment centers and respite care facilities in the State; and 24 | |
318 | - | ||
319 | - | (2) study the implementation of a prospective payment model for 25 | |
320 | - | residential treatment centers and respite care facilities in the State with the goal of 26 | |
321 | - | incentivizing the expansion of residential treatment center and respite care facility capacity 27 | |
322 | - | in the State. 28 | |
323 | - | ||
324 | - | (b) On or before December 1, 2025, the Department shall report the findings and 29 | |
325 | - | recommendations from the review and study conducted under subsection (a) of this section 30 | |
326 | - | to the Governor and, in accordance with § 2–1257 of the State Government Article, the 31 | |
327 | - | Senate Finance Committee and the House Health and Government Operations Committee. 32 8 SENATE BILL 696 | |
229 | + | (E) ON OR BEFORE OCTOBER 1 EACH YEAR, BEGINNING IN 2026, THE 25 | |
230 | + | COORDINATOR SHALL REPORT TO THE GOVERNOR AND , IN ACCORDANCE WITH § 26 | |
231 | + | 2–1257 OF THIS ARTICLE, THE SENATE FINANCE COMMITTEE AND THE HOUSE 27 | |
232 | + | HEALTH AND GOVERNMENT OPERATIONS COMMITTEE ON THE NUMBER OF 28 | |
233 | + | PEDIATRIC HOSPITAL O VERSTAY PATIENTS IN THE STATE AND DE–IDENTIFIED 29 | |
234 | + | INFORMATION RELATED TO ACTION PLANS IN PLACE TO ACHIEVE APPROPRIATE 30 | |
235 | + | PLACEMENT . 31 6 SENATE BILL 696 | |
328 | 236 | ||
329 | 237 | ||
330 | 238 | ||
331 | 239 | SECTION 2. AND BE IT FURTHER ENACTED, That: 1 | |
332 | 240 | ||
333 | - | (a) (1) In this section, “child in an unlicensed setting” means an individual 2 | |
334 | - | under the age of 21 years in an out–of–home placement who is residing in a hotel, an office 3 | |
335 | - | building, a shelter, or any other unlicensed setting. 4 | |
241 | + | (a) The Maryland Department of Health shall: 2 | |
336 | 242 | ||
337 | - | (2) “Child in an unlicensed setting” does not include an individual under 5 | |
338 | - | the age of 21 years who is receiving a self–independent living stipend, living with kin 6 | |
339 | - | awaiting approval for a placement, or on aftercare with a parent. 7 | |
243 | + | (1) review the reimbursement rates paid to residential treatment centers 3 | |
244 | + | and respite care facilities in the State and determine the reimbursement rate that would 4 | |
245 | + | be necessary to cover the cost of care and prevent future bed closures in residential 5 | |
246 | + | treatment centers and respite care facilities in the State; and 6 | |
340 | 247 | ||
341 | - | (b) (1) There is a Workgroup on Children in Unlicensed Settings and Pediatric 8 | |
342 | - | Hospital Overstays in the State. 9 | |
248 | + | (2) study the implementation of a prospective payment model for 7 | |
249 | + | residential treatment centers and respite care facilities in the State with the goal of 8 | |
250 | + | incentivizing the expansion of residential treatment center and respite care facility capacity 9 | |
251 | + | in the State. 10 | |
343 | 252 | ||
344 | - | (2) The Workgroup shall consist of representatives who have experience 10 | |
345 | - | and knowledge of working with children with behavioral health challenges, adverse 11 | |
346 | - | childhood experiences, and developmental disabilities, including: 12 | |
253 | + | (b) On or before December 1, 2025, the Department shall report the findings and 11 | |
254 | + | recommendations from the review and study conducted under subsection (a) of this section 12 | |
255 | + | to the Governor and, in accordance with § 2–1257 of the State Government Article, the 13 | |
256 | + | Senate Finance Committee and the House Health and Government Operations Committee. 14 | |
347 | 257 | ||
348 | - | (i) the Secretary of Health, or the Secretary’s designee; 13 | |
349 | - | ||
350 | - | (ii) the Secretary of Human Services, or the Secretary’s designee; 14 | |
351 | - | ||
352 | - | (iii) the Secretary of Juvenile Services, or the Secretary’s designee; 15 | |
353 | - | ||
354 | - | (iv) the State Public Defender, or the State Public Defender’s 16 | |
355 | - | designee; and 17 | |
356 | - | ||
357 | - | (v) the following members, appointed by the Governor: 18 | |
358 | - | ||
359 | - | 1. one representative of the Maryland Association of 19 | |
360 | - | Resources for Families and Youth; 20 | |
361 | - | ||
362 | - | 2. one representative of Disability Rights Maryland; 21 | |
363 | - | ||
364 | - | 3. one representative of the Community Behavioral Health 22 | |
365 | - | Association of Maryland; 23 | |
366 | - | ||
367 | - | 4. one representative of Maryland Legal Aid; 24 | |
368 | - | ||
369 | - | 5. one representative of the Court Appointed Special 25 | |
370 | - | Advocates of Maryland; 26 | |
371 | - | ||
372 | - | 6. one representative of the National Association of Social 27 | |
373 | - | Workers – Maryland who is a hospital–based clinical social worker; 28 | |
374 | - | ||
375 | - | 7. one representative of the Maryland Chapter of the 29 | |
376 | - | American Academy of Pediatrics; 30 SENATE BILL 696 9 | |
377 | - | ||
378 | - | ||
379 | - | ||
380 | - | 8. one representative of the Maryland Hospital Association; 1 | |
381 | - | ||
382 | - | 9. one representative of a specialty psychiatric hospital; 2 | |
383 | - | ||
384 | - | 10. one representative of a residential treatment provider in 3 | |
385 | - | the State; and 4 | |
386 | - | ||
387 | - | 11. one representative of a family of a child in foster care, as 5 | |
388 | - | defined in § 8–101(h) of the Human Services Article. 6 | |
389 | - | ||
390 | - | (3) The members of the Workgroup shall elect the chair and vice chair of 7 | |
391 | - | the Workgroup. 8 | |
392 | - | ||
393 | - | (4) The Workgroup shall meet before August 1, 2025, and at least once 9 | |
394 | - | every 30 days thereafter. 10 | |
395 | - | ||
396 | - | (5) The State Council on Child Abuse and Neglect shall provide staff for 11 | |
397 | - | the Workgroup. 12 | |
398 | - | ||
399 | - | (6) A member of the Workgroup: 13 | |
400 | - | ||
401 | - | (i) may not receive compensation as a member of the Workgroup; 14 | |
402 | - | but 15 | |
403 | - | ||
404 | - | (ii) is entitled to reimbursement for expenses under the Standard 16 | |
405 | - | State Travel Regulations, as provided in the State budget. 17 | |
406 | - | ||
407 | - | (c) (1) The Workgroup shall: 18 | |
408 | - | ||
409 | - | (i) complete an assessment of the number, type, and cost of the 19 | |
410 | - | additional beds and supportive services needed to place all children in pediatric overstays 20 | |
411 | - | and other unlicensed settings in the least restrictive settings; 21 | |
412 | - | ||
413 | - | (ii) develop a comprehensive and sustainable resource development 22 | |
414 | - | plan designed to increase the number of licensed settings and end the use of pediatric 23 | |
415 | - | overstays and unlicensed settings; 24 | |
416 | - | ||
417 | - | (iii) develop an implementation plan with comprehensive data to 25 | |
418 | - | inform the plan; and 26 | |
419 | - | ||
420 | - | (iv) determine the anticipated timeline for when the practice of 27 | |
421 | - | placing children in unlicensed settings will cease. 28 | |
422 | - | ||
423 | - | (2) On or before October 1, 2025, the Workgroup shall report its findings 29 | |
424 | - | and recommendations to the Governor and, in accordance with § 2–1257 of the State 30 | |
425 | - | Government Article, the General Assembly. 31 10 SENATE BILL 696 | |
426 | - | ||
427 | - | ||
428 | - | ||
429 | - | SECTION 3. AND BE IT FURTHER ENACTED, That for fiscal year 2026, the 1 | |
430 | - | Governor may include in the annual budget bill an appropriation necessary to staff five 2 | |
431 | - | additional beds at the John L. Gildner Regional Institute for Children and Adolescents in 3 | |
432 | - | the State. 4 | |
433 | - | ||
434 | - | SECTION 4. AND BE IT FURTHER ENACTED, That Section 2 Sections 1 and 3 of 5 | |
435 | - | this Act shall take effect June July 1, 2025. 6 | |
436 | - | ||
437 | - | SECTION 3. 5. AND BE IT FURTHER ENACTED, That , except as provided in 7 | |
438 | - | Section 4 of this Act, this Act shall take effect July June 1, 2025. 8 | |
439 | - | ||
440 | - | ||
441 | - | ||
442 | - | ||
443 | - | Approved: | |
444 | - | ________________________________________________________________________________ | |
445 | - | Governor. | |
446 | - | ________________________________________________________________________________ | |
447 | - | President of the Senate. | |
448 | - | ________________________________________________________________________________ | |
449 | - | Speaker of the House of Delegates. | |
258 | + | SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect July 15 | |
259 | + | 1, 2025. 16 |