| Old | New | Differences | |
|---|---|---|---|
| 1 | 1 | ||
| 2 | 2 | ||
| 3 | 3 | EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING 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 | *sb0920* | |
| 9 | 6 | ||
| 10 | 7 | SENATE BILL 920 | |
| 11 | 8 | J1, J3 5lr2424 | |
| 12 | 9 | CF HB 1142 | |
| 13 | 10 | By: Senator Gile | |
| 14 | 11 | Introduced and read first time: January 28, 2025 | |
| 15 | 12 | Assigned to: Finance | |
| 16 | - | Committee Report: Favorable with amendments | |
| 17 | - | Senate action: Adopted | |
| 18 | - | Read second time: March 16, 2025 | |
| 19 | 13 | ||
| 20 | - | ||
| 14 | + | A BILL ENTITLED | |
| 21 | 15 | ||
| 22 | 16 | AN ACT concerning 1 | |
| 23 | 17 | ||
| 24 | 18 | Public Health – Maryland Interested Parties Advisory Group – Establishment 2 | |
| 25 | 19 | ||
| 26 | 20 | FOR the purpose of establishing the Maryland Interested Parties Advisory Group to ensure 3 | |
| 27 | 21 | adequate access to applicable home– and community–based services and the 4 | |
| 28 | 22 | existence of an adequate direct care workforce in the State; requiring the Maryland 5 | |
| 29 | 23 | Department of Health to provide certain support to the Advisory Group; and 6 | |
| 30 | 24 | generally relating to the Maryland Interested Parties Advisory Group. 7 | |
| 31 | 25 | ||
| 32 | 26 | BY adding to 8 | |
| 33 | 27 | Article – Health – General 9 | |
| 34 | 28 | Section 15–1201 through 15–1205 to be under the new subtitle “Subtitle 12. 10 | |
| 35 | 29 | Maryland Interested Parties Advisory Group” 11 | |
| 36 | 30 | Annotated Code of Maryland 12 | |
| 37 | 31 | (2023 Replacement Volume and 2024 Supplement) 13 | |
| 38 | 32 | ||
| 39 | 33 | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 14 | |
| 40 | 34 | That the Laws of Maryland read as follows: 15 | |
| 41 | 35 | ||
| 42 | 36 | Article – Health – General 16 | |
| 43 | 37 | ||
| 44 | 38 | SUBTITLE 12. MARYLAND INTERESTED PARTIES ADVISORY GROUP. 17 | |
| 45 | 39 | ||
| 46 | 40 | 15–1201. 18 | |
| 47 | - | 2 SENATE BILL 920 | |
| 41 | + | ||
| 42 | + | (A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 19 | |
| 43 | + | INDICATED. 20 | |
| 44 | + | ||
| 45 | + | (B) “ADVISORY GROUP” MEANS THE MARYLAND INTERESTED PARTIES 21 | |
| 46 | + | ADVISORY GROUP ESTABLISHED UND ER § 15–1202 OF THIS SUBTITLE AND 22 | |
| 47 | + | REQUIRED UNDER 42 C.F.R. § 447.203. 23 2 SENATE BILL 920 | |
| 48 | 48 | ||
| 49 | 49 | ||
| 50 | - | (A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 1 | |
| 51 | - | INDICATED. 2 | |
| 52 | 50 | ||
| 53 | - | ( | |
| 54 | - | ||
| 55 | - | ||
| 51 | + | (C) “APPLICABLE SERVICE CA TEGORIES” MEANS HOMEMAKER SERV ICES, 1 | |
| 52 | + | HOME HEALTH AIDE SER VICES, PERSONAL CARE SERVIC ES, AND HABILITATION 2 | |
| 53 | + | SERVICES. 3 | |
| 56 | 54 | ||
| 57 | - | ( | |
| 58 | - | HOME | |
| 59 | - | ||
| 55 | + | (D) “CONSUMER” MEANS AN APPLICANT F OR, A RECIPIENT OF , OR AN 4 | |
| 56 | + | INDIVIDUAL ELIGIBLE FOR MEDICAID HOME – AND COMMUNITY –BASED SERVICES , 5 | |
| 57 | + | OR THE INDIVIDUAL ’S AUTHORIZED REPRESE NTATIVE. 6 | |
| 60 | 58 | ||
| 61 | - | (D) “CONSUMER” MEANS AN APPLICANT F OR, A RECIPIENT OF , OR AN 9 | |
| 62 | - | INDIVIDUAL ELIGIBLE FO R MEDICAID HOME – AND COMMUNITY –BASED SERVICES , 10 | |
| 63 | - | OR THE INDIVIDUAL ’S AUTHORIZED REPRESE NTATIVE. 11 | |
| 59 | + | (E) “CONSUMER ORGANIZATION ” MEANS A STATE OR LOCAL CONSUMER 7 | |
| 60 | + | ADVOCACY GROUP OR OT HER COMMUNITY –BASED ORGANIZATION T HAT 8 | |
| 61 | + | REPRESENTS THE INTER ESTS OF, OR PROVIDES DIRECT S ERVICES TO, CONSUMERS 9 | |
| 62 | + | OF MEDICAID HOME – AND COMMUNITY –BASED SERVICES . 10 | |
| 64 | 63 | ||
| 65 | - | (E) “CONSUMER ORGANIZATION ” MEANS A STATE OR LOCAL CONSUM ER 12 | |
| 66 | - | ADVOCACY GROUP OR OT HER COMMUNITY –BASED ORGANIZATION T HAT 13 | |
| 67 | - | REPRESENTS THE INTER ESTS OF, OR PROVIDES DIRECT S ERVICES TO, CONSUMERS 14 | |
| 68 | - | OF MEDICAID HOME – AND COMMUNITY –BASED SERVICES . 15 | |
| 64 | + | (F) “DIRECT CARE WORKER ” MEANS AN INDIVIDUAL : 11 | |
| 69 | 65 | ||
| 70 | - | (F) “DIRECT CARE WORKER ” MEANS AN INDIVIDUAL : 16 | |
| 66 | + | (1) EMPLOYED BY A MEDICAID PROVIDER , STATE AGENCY, OR THIRD 12 | |
| 67 | + | PARTY; 13 | |
| 71 | 68 | ||
| 72 | - | ( | |
| 73 | - | PARTY; | |
| 69 | + | (2) WHO CONTRACTS WITH A MEDICAID PROVIDER , STATE AGENCY , 14 | |
| 70 | + | OR THIRD PARTY ; 15 | |
| 74 | 71 | ||
| 75 | - | ( | |
| 76 | - | ||
| 72 | + | (3) DELIVERING SERVICES U NDER A SELF –DIRECTED SERVICES 16 | |
| 73 | + | DELIVERY MODEL ; OR 17 | |
| 77 | 74 | ||
| 78 | - | ( | |
| 79 | - | ||
| 75 | + | (4) WHO IS PAID TO PROVID E HOME– AND COMMUNITY –BASED 18 | |
| 76 | + | SERVICES THROUGH AN APPLICABLE SERVICE C ATEGORY. 19 | |
| 80 | 77 | ||
| 81 | - | (4) WHO IS PAID TO PROVID E HOME– AND COMMUNITY –BASED 23 | |
| 82 | - | SERVICES THROUGH AN APPLICABLE SERVICE C ATEGORY. 24 | |
| 78 | + | (G) “HOME– AND COMMUNITY –BASED SERVICES ” MEANS MEDICAID 20 | |
| 79 | + | HOME– AND COMMUNITY –BASED SERVICES DELIV ERED THROUGH THE STATE PLAN, 21 | |
| 80 | + | A WAIVER UNDER § 1915(C) OF THE FEDERAL SOCIAL SECURITY ACT, A MANAGED 22 | |
| 81 | + | CARE PROGRAM , OR OTHER DEMONSTRATI ON PROGRAM . 23 | |
| 83 | 82 | ||
| 84 | - | (G) “HOME– AND COMMUNITY –BASED SERVI CES” MEANS MEDICAID 25 | |
| 85 | - | HOME– AND COMMUNITY –BASED SERVICES DELIV ERED THROUGH THE STATE PLAN, 26 | |
| 86 | - | A WAIVER UNDER § 1915(C) OF THE FEDERAL SOCIAL SECURITY ACT, A MANAGED 27 | |
| 87 | - | CARE PROGRAM , OR OTHER DEMONSTRATI ON PROGRAM . 28 | |
| 83 | + | (H) “PERSONAL CARE ” HAS THE MEANING STAT ED UNDER § 19–301 OF THIS 24 | |
| 84 | + | ARTICLE. 25 | |
| 88 | 85 | ||
| 89 | - | (H) “PERSONAL CARE ” HAS THE MEANING STAT ED UNDER § 19–301 OF THIS 29 | |
| 90 | - | ARTICLE. 30 | |
| 86 | + | (I) “PROVIDER ASSOCIATION ” MEANS A TRADE ASSOCI ATION EXEMPT 26 | |
| 87 | + | FROM FEDERAL INCOME TAXATION UNDER § 501(C)(6) OF THE INTERNAL REVENUE 27 | |
| 88 | + | CODE THAT REPRESENTS DIRECT CARE EMPLOYER S. 28 | |
| 89 | + | ||
| 90 | + | (J) “WORKER ORGANIZATION ” MEANS AN ORGANIZATIO N THAT: 29 | |
| 91 | 91 | SENATE BILL 920 3 | |
| 92 | 92 | ||
| 93 | 93 | ||
| 94 | - | (I) “PROVIDER ASSOCIATION ” MEANS A TRADE ASSOCI ATION EXEMPT 1 | |
| 95 | - | FROM FEDERAL INCOME TAXATION UNDER § 501(C)(6) OF THE INTERNAL REVENUE 2 | |
| 96 | - | CODE THAT REPRESENTS DIRE CT CARE EMPLOYERS . 3 | |
| 94 | + | (1) IS EXEMPT FROM FEDERA L INCOME TAXATION UN DER §§ 1 | |
| 95 | + | 501(C)(3) THROUGH (6) OF THE INTERNAL REVENUE CODE; 2 | |
| 97 | 96 | ||
| 98 | - | (J) “WORKER ORGANIZATION ” MEANS AN ORGANIZATIO N THAT: 4 | |
| 97 | + | (2) IS NOT DOMINATED , CONTROLLED , OR FUNDED BY A DIREC T CARE 3 | |
| 98 | + | EMPLOYER; AND 4 | |
| 99 | 99 | ||
| 100 | - | ( | |
| 101 | - | ||
| 100 | + | (3) HAS AT LEAST 2 YEARS OF DEMONSTRATE D EXPERIENCE 5 | |
| 101 | + | ENGAGING WITH AND AD VOCATING FOR DIRECT CARE WORKERS . 6 | |
| 102 | 102 | ||
| 103 | - | (2) IS NOT DOMINATED , CONTROLLED , OR FUNDED BY A DIREC T CARE 7 | |
| 104 | - | EMPLOYER; AND 8 | |
| 103 | + | 15–1202. 7 | |
| 105 | 104 | ||
| 106 | - | ( | |
| 107 | - | ||
| 105 | + | (A) THERE IS A MARYLAND INTERESTED PARTIES ADVISORY GROUP 8 | |
| 106 | + | WITHIN THE DEPARTMENT . 9 | |
| 108 | 107 | ||
| 109 | - | ||
| 108 | + | (B) THE PRIMARY PURPOSE OF THE ADVISORY GROUP IS TO ENSURE : 10 | |
| 110 | 109 | ||
| 111 | - | ( | |
| 112 | - | ||
| 110 | + | (1) MEDICAID PAYMENT RATE S ARE SUFFICIENT TO PROVIDE 11 | |
| 111 | + | ADEQUATE ACCESS TO A PPLICABLE SERVICE CA TEGORIES; AND 12 | |
| 113 | 112 | ||
| 114 | - | (B) THE PRIMARY PURPOSE O F THE ADVISORY GROUP IS TO ENSURE: 14 | |
| 113 | + | (2) THE EXISTENCE OF AN A DEQUATE AND QUALIFIE D DIRECT CARE 13 | |
| 114 | + | WORKFORCE TO PROVIDE SERVICES IN THE STATE. 14 | |
| 115 | 115 | ||
| 116 | - | (1) ADVISE AND CONSULT O N MEDICAID PAYMENT RATES ARE 15 | |
| 117 | - | SUFFICIENT TO PROVIDE RATE SUFFICIENCY , ENSURING ADEQUATE ACCESS TO 16 | |
| 118 | - | APPLICABLE SERVICE C ATEGORIES; AND 17 | |
| 116 | + | 15–1203. 15 | |
| 119 | 117 | ||
| 120 | - | (2) THE EXISTENCE OF AN A DEQUATE AND QUALIFIE D DIRECT CARE 18 | |
| 121 | - | WORKFORCE TO PROVIDE SERVICES IN THE STATE. 19 | |
| 118 | + | (A) THE ADVISORY GROUP CONSISTS OF : 16 | |
| 122 | 119 | ||
| 123 | - | 15–1203. 20 | |
| 120 | + | (1) THE DEPUTY SECRETARY, HEALTH CARE FINANCING, OR THE 17 | |
| 121 | + | DEPUTY SECRETARY’S DESIGNEE; 18 | |
| 124 | 122 | ||
| 125 | - | ( | |
| 123 | + | (2) THE FOLLOWIN G MEMBERS APPOINTED BY THE SECRETARY: 19 | |
| 126 | 124 | ||
| 127 | - | (1) THE DEPUTY SECRETARY, OF HEALTH CARE FINANCING, OR THE 22 | |
| 128 | - | DEPUTY SECRETARY’S DESIGNEE; 23 | |
| 125 | + | (I) THREE CONSUMERS ; 20 | |
| 129 | 126 | ||
| 130 | - | (2) THE SECRETARY OF LABOR, OR THE SECRETARY’S DESIGNEE; 24 | |
| 131 | - | AND 25 | |
| 127 | + | (II) TWO REPRESENTATIVES O F CONSUMER ORGANIZAT IONS; 21 | |
| 132 | 128 | ||
| 133 | - | (3) THE FOLLOWING MEMBERS APPOINTED BY THE DEPUTY 26 | |
| 134 | - | SECRETARY OF HEALTH CARE FINANCING, OR THE DEPUTY SECRETARY’S 27 | |
| 135 | - | DESIGNEE: 28 | |
| 129 | + | (III) THREE DIRECT CARE WOR KERS; 22 | |
| 136 | 130 | ||
| 137 | - | (I) THREE CONSUMERS ; 29 | |
| 131 | + | (IV) TWO REPRESENTATIVES O F WORKER ORGANIZATIO NS; 23 | |
| 132 | + | ||
| 133 | + | (V) ONE REPRESENTATIVE OF A PROVIDER ASSOC IATION; AND 24 | |
| 134 | + | ||
| 135 | + | (VI) ONE REPRESENTATIVE OF THE GENERAL PUBLIC ; AND 25 | |
| 138 | 136 | 4 SENATE BILL 920 | |
| 139 | 137 | ||
| 140 | 138 | ||
| 141 | - | (II) TWO REPRESENTATIVES O F CONSUMER ORGANIZAT IONS; 1 | |
| 139 | + | (3) ONE NONVOTING ADVISOR Y MEMBER FROM THE DIVISION OF 1 | |
| 140 | + | HEALTH CARE FINANCING AND MEDICAID WITH ADVANCE D DATA LITERACY TO 2 | |
| 141 | + | ADDRESS ANY QUESTION OR ISSUE RELATED TO THE DATA EXAMINED BY THE 3 | |
| 142 | + | ADVISORY GROUP. 4 | |
| 142 | 143 | ||
| 143 | - | (III) THREE DIRECT CARE WOR KERS; 2 | |
| 144 | + | (B) TO THE EXTENT PRACTIC ABLE, THE MEMBERS APPOINTE D TO THE 5 | |
| 145 | + | ADVISORY GROUP SHALL REFLECT T HE DIVERSITY OF LIVE D EXPERIENCE WITH 6 | |
| 146 | + | DISABILITY, AS WELL AS THE GEOGR APHIC, RACIAL, ETHNIC, CULTURAL, GENDER, 7 | |
| 147 | + | SEXUAL ORIENTATION , GENDER IDENTITY , GENDER EXPRESSION , AGE, AND 8 | |
| 148 | + | SOCIOECONOMIC DIVERS ITY OF THE STATE. 9 | |
| 144 | 149 | ||
| 145 | - | (IV) TWO REPRESENTATIVES O F WORKER ORGANIZATIO NS; AND 3 | |
| 150 | + | (C) (1) THE SECRETARY SHALL ESTAB LISH AN APPLICATION PROCESS 10 | |
| 151 | + | THAT IS ACCESSIBLE T O THE GENERAL PUBLIC FOR THE RECRUITMENT OF 11 | |
| 152 | + | MEMBERS. 12 | |
| 146 | 153 | ||
| 147 | - | (V) ONE REPRESENTATIVE OF A PROVIDER ASSOCIATION; AND 4 | |
| 154 | + | (2) THE APPLICATION AND C RITERIA FOR SELECTIO N SHALL BE 13 | |
| 155 | + | PUBLISHED ON T HE DEPARTMENT ’S WEBSITE. 14 | |
| 148 | 156 | ||
| 149 | - | (VI) ONE REPRESENTATIVE OF THE GENERAL PUBLIC ; AND 5 | |
| 157 | + | (D) (1) THE DEPUTY SECRETARY, HEALTH CARE FINANCING, OR THE 15 | |
| 158 | + | DEPUTY SECRETARY’S DESIGNEE, SHALL CHAIR THE ADVISORY GROUP. 16 | |
| 150 | 159 | ||
| 151 | - | (3) ONE NONVOTING ADVISOR Y MEMBER FROM THE DIVISION OF 6 | |
| 152 | - | HEALTH CARE FINANCING AND MEDICAID WITH ADVANCE D DATA LITERACY TO 7 | |
| 153 | - | ADDRESS ANY QUESTION OR ISSUE RELATED TO THE DATA EXAMINED B Y THE 8 | |
| 154 | - | ADVISORY GROUP THREE REPRESENTATIVES OF PROVIDER ASSOCIAT IONS, OF 9 | |
| 155 | - | WHOM: 10 | |
| 160 | + | (2) THE DEPARTMENT SHALL PROV IDE STAFF AND SUPPOR T FOR 17 | |
| 161 | + | THE ADVISORY GROUP, INCLUDING APPROPRIAT E LOGISTICAL, INFORMATIONAL , 18 | |
| 162 | + | AND FINANCIAL SUPPOR T TO ENSURE MEANINGF UL PARTICIPATION OF DIRECT 19 | |
| 163 | + | CARE WORKERS AND CON SUMERS IN THE ADVISORY GROUP. 20 | |
| 156 | 164 | ||
| 157 | - | 1 | |
| 158 | - | ||
| 165 | + | (E) (1) THE TERM OF AN APPOIN TED MEMBER OF THE ADVISORY GROUP 21 | |
| 166 | + | IS 3 YEARS. 22 | |
| 159 | 167 | ||
| 160 | - | 2 | |
| 161 | - | ||
| 168 | + | (2) THE SECRETARY SHALL ENSUR E THAT M EMBERS SERVE 23 | |
| 169 | + | STAGGERED TERMS . 24 | |
| 162 | 170 | ||
| 163 | - | (B) TO THE EXTENT PRACTIC ABLE, THE MEMBERS APPOINTE D TO THE 15 | |
| 164 | - | ADVISORY GROUP SHALL REFLECT T HE DIVERSITY OF LIVE D EXPERIENCE WITH 16 | |
| 165 | - | DISABILITY, AS WELL AS THE GEOGR APHIC, RACIAL, ETHNIC, CULTURAL, GENDER, 17 | |
| 166 | - | SEXUAL ORIENTATION , GENDER IDENTITY , GENDER EXPRESSION , AGE, AND 18 | |
| 167 | - | SOCIOECONOMIC DIVERS ITY OF THE STATE. 19 | |
| 171 | + | (3) AT THE END OF A TERM , AN APPOINTED MEMBER CONTINUES TO 25 | |
| 172 | + | SERVE UNTIL A SUCCES SOR IS APPOINTED AND QUALIFIES. 26 | |
| 168 | 173 | ||
| 169 | - | (C) (1) THE DEPUTY SECRETARY OF HEALTH CARE FINANCING, OR THE 20 | |
| 170 | - | DEPUTY SECRETARY’S DESIGNEE, SHALL ESTABLISH AN A PPLICATION PROCESS 21 | |
| 171 | - | THAT IS ACCESSIBLE T O THE GENERAL PUBLIC FOR THE RECRUITMENT OF 22 | |
| 172 | - | MEMBERS. 23 | |
| 174 | + | (4) A MEMBER WHO IS APPOIN TED AFTER A TERM HAS BEGUN SERVES 27 | |
| 175 | + | ONLY FOR THE REST OF THE TERM AND UNTIL A SUCCESSOR IS APPOINTED AND 28 | |
| 176 | + | QUALIFIES. 29 | |
| 173 | 177 | ||
| 174 | - | (2) THE APPLICATION AND C RITERIA FOR SELECTION SHA LL BE 24 | |
| 175 | - | PUBLISHED ON THE DEPARTMENT ’S WEBSITE. 25 | |
| 178 | + | (5) THE SECRETARY MAY REMOVE OR SUSPEND A MEMBER OF THE 30 | |
| 179 | + | ADVISORY GROUP FOR MISCONDUCT , INCOMPETENCE , OR NEGLECT OF DUTIES 31 | |
| 180 | + | AFTER AN OPPORTUNITY FOR THE MEMBER TO BE HEARD. 32 | |
| 181 | + | SENATE BILL 920 5 | |
| 176 | 182 | ||
| 177 | - | (D) (1) THE DEPUTY SECRETARY, OF HEALTH CARE FINANCING, OR THE 26 | |
| 178 | - | DEPUTY SECRETARY’S DESIGNEE, SHALL CHAIR THE ADVISORY GROUP. 27 | |
| 179 | 183 | ||
| 180 | - | (2) THE DEPARTMENT SHALL PROV IDE STAFF AND SUPPOR T FOR 28 | |
| 181 | - | THE ADVISORY GROUP, INCLUDING APPROPRIAT E LOGISTICAL , AND 29 | |
| 182 | - | INFORMATIONAL , AND FINANCIAL SUPPORT TO ENSURE ME ANINGFUL 30 | |
| 183 | - | PARTICIPATION OF DIR ECT CARE WORKERS AND CONSUMERS IN THE ADVISORY 31 | |
| 184 | - | GROUP. 32 SENATE BILL 920 5 | |
| 184 | + | (F) A MEMBER OF THE ADVISORY GROUP: 1 | |
| 185 | + | ||
| 186 | + | (1) MAY NOT RECEIVE COMPENSA TION AS A MEMBER OF THE 2 | |
| 187 | + | ADVISORY GROUP; BUT 3 | |
| 188 | + | ||
| 189 | + | (2) IS ENTITLED TO REIMBU RSEMENT FOR EXPENSES UNDER THE 4 | |
| 190 | + | STANDARD STATE TRAVEL REGULATIONS, AS PROVIDED IN THE STATE BUDGET . 5 | |
| 191 | + | ||
| 192 | + | (G) (1) BEGINNING NOVEMBER 1, 2025, THE ADVISORY GROUP SHALL 6 | |
| 193 | + | MEET ON A QUARTERLY B ASIS. 7 | |
| 194 | + | ||
| 195 | + | (2) MEETING DATES, TIMES, AND LOCATIONS SHALL BE SELECTED TO 8 | |
| 196 | + | MAXIMIZE MEMBER ATTE NDANCE. 9 | |
| 197 | + | ||
| 198 | + | 15–1204. 10 | |
| 199 | + | ||
| 200 | + | (A) (1) THE DEPARTMENT SHALL ESTA BLISH STANDARDIZED 11 | |
| 201 | + | PROCEDURES FOR THE A DMINISTRATION OF THE ADVISORY GROUP AND MAKE THE 12 | |
| 202 | + | PROCEDURES AVAILABLE TO THE PUBLIC ON A D EDICATED PAGE OF THE 13 | |
| 203 | + | DEPARTMENT ’S WEBSITE. 14 | |
| 204 | + | ||
| 205 | + | (2) THE DEDICATED PAGE ON THE DEPARTMENT ’S WEBSITE SHAL L 15 | |
| 206 | + | ALSO INCLUDE: 16 | |
| 207 | + | ||
| 208 | + | (I) A LIST OF CURRENT ADVISORY GROUP MEMBERS ; 17 | |
| 209 | + | ||
| 210 | + | (II) THE APPLICATION PROCE SS AND SELECTION CRI TERIA FOR 18 | |
| 211 | + | ADVISORY GROUP MEMBERS ; 19 | |
| 212 | + | ||
| 213 | + | (III) THE LOCATION , DATE, AND TIME OF EACH ADVISORY 20 | |
| 214 | + | GROUP MEETING WITH AT LEAST 30 CALENDAR DAYS ’ ADVANCE NOTICE; 21 | |
| 215 | + | ||
| 216 | + | (IV) OPTIONS FOR VIRTUAL P ARTICIPATION IN MEET INGS OF 22 | |
| 217 | + | THE ADVISORY GROUP; 23 | |
| 218 | + | ||
| 219 | + | (V) PROCEDURES TO ENSURE MEANINGFUL PARTICIPA TION 24 | |
| 220 | + | FOR INDIVIDUALS WITH DISABILITIES AND LIM ITED ENGLISH PROFICIENCY ; 25 | |
| 221 | + | ||
| 222 | + | (VI) A NOTATION OF AT WHICH MEETINGS THE GENERAL PUBLIC 26 | |
| 223 | + | WILL HAVE AN OPPORTU NITY TO TESTIFY OR M AKE COMMENTS ; AND 27 | |
| 224 | + | 6 SENATE BILL 920 | |
| 225 | + | ||
| 226 | + | ||
| 227 | + | (VII) IN ACCORDANCE WITH TH E OPEN MEETINGS ACT, THE 1 | |
| 228 | + | AGENDA AND MEETING M INUTES OF THE PREVIO US MEETING OF THE ADVISORY 2 | |
| 229 | + | GROUP, INCLUDING A LIST OF MEETING ATTENDEES . 3 | |
| 230 | + | ||
| 231 | + | (B) THE DEPARTMENT SHALL PROV IDE SUFFICIENT DATA AND RESOURCES 4 | |
| 232 | + | AT LEAST 30 DAYS IN ADVANCE OF A MEETING TO SUPPORT I NFORMED 5 | |
| 233 | + | PARTICIPATION IN ADVISORY GROUP DISCUSSIONS , INCLUDING: 6 | |
| 234 | + | ||
| 235 | + | (1) DISTRIBUTING INFORMAT ION COLLECTED BY THE MARYLAND 7 | |
| 236 | + | DEPARTMENT OF LABOR UNDER § 15–156 OF THIS TITLE , INCLUDING DATA 8 | |
| 237 | + | COLLECTED BY RESIDEN TIAL SERVICE AGENCIE S RELATED TO DIRECT CARE 9 | |
| 238 | + | WORKFORCE : 10 | |
| 239 | + | ||
| 240 | + | (I) STABILITY, INCLUDING TOTAL NUMB ERS OF FULL –TIME 11 | |
| 241 | + | AND PART–TIME HOME CARE WORKE RS, PERCENTAGE OF THE YE AR THAT THE 12 | |
| 242 | + | EMPLOYEES WERE EMPLOYED, AVERAGE LENGTH OF EM PLOYMENT, TURNOVER 13 | |
| 243 | + | RATE, VACANCIES, AND UNSTAFFED HOURS MEASURED BY HOURS AL LOTTED IN 14 | |
| 244 | + | PLANS OF SERVICE FOR WHICH THE CONSUMER I S NOT RECEIVING CARE ; 15 | |
| 245 | + | ||
| 246 | + | (II) COMPENSATION AND BENE FITS, INCLUDING THE HIGHES T, 16 | |
| 247 | + | LOWEST, MEDIAN, AND AVERAGE HOURLY WAG E PAID BY PROVIDER A GENCIES, 17 | |
| 248 | + | NUMBER OF HOURS AUTH ORIZED FOR OVERTIME PAY, NUMBER OF HOURS PAID FOR 18 | |
| 249 | + | TRAVEL TIME BETWEEN CLIENTS, AND AVERAGE DAYS OF EARNED SICK AND SAFE 19 | |
| 250 | + | LEAVE PAID TO HOME C ARE WORKERS EACH YEA R; 20 | |
| 251 | + | ||
| 252 | + | (III) EMPLOYEE BENEF ITS, INCLUDING HEALTH , DENTAL, AND 21 | |
| 253 | + | VISION BENEFITS , LIFE AND DISABILITY INSURANCE, PAID LEAVE, RETIREMENT , 22 | |
| 254 | + | AND TUITION REIMBURS EMENT; 23 | |
| 255 | + | ||
| 256 | + | (IV) PROVIDER COSTS RELATE D TO THE WORKFORCE , 24 | |
| 257 | + | INCLUDING COSTS OF R EQUIRED TRAININGS , TRAVEL COSTS FOR DIR ECT CARE 25 | |
| 258 | + | WORKERS SUCH AS MILEAGE REIMBURSEMENT OR PUB LIC TRANSPORTATION 26 | |
| 259 | + | SUBSIDIES, AND COSTS OF PERSONA L PROTECTIVE EQUIPME NT FOR DIRECT CARE 27 | |
| 260 | + | WORKERS; AND 28 | |
| 261 | + | ||
| 262 | + | (V) DEMOGRAPHIC INFORMATI ON INCLUDING AGE , GENDER, 29 | |
| 263 | + | RACE AND ETHNICITY , HIGHEST EDUCATIONAL LEVEL ATTAINED , CERTIFICATIONS 30 | |
| 264 | + | HELD, AND NUMBER OF YEARS OF DIRECT CARE WORK EXPERIENCE; 31 | |
| 265 | + | ||
| 266 | + | (2) FEDERALLY REQUIRED IN FORMATION WITH A DET AILED 32 | |
| 267 | + | EXPLANATION OF THE M ETHODOLOGY AND DATA LIMITATIONS FOR EACH REPORT, 33 | |
| 268 | + | INCLUDING: 34 | |
| 269 | + | SENATE BILL 920 7 | |
| 270 | + | ||
| 271 | + | ||
| 272 | + | (I) HOME– AND COMMUNITY –BASED SERVICES PAYME NT 1 | |
| 273 | + | TRANSPARENCY REPORTS ; 2 | |
| 274 | + | ||
| 275 | + | (II) PAYMENT ADEQUACY REPO RTS AS REQUIRED UNDE R 42 3 | |
| 276 | + | C.F.R. § 441.311(E); AND 4 | |
| 277 | + | ||
| 278 | + | (III) ACCESS–TO–CARE DATA, AS REQUIRED UNDER 42 C.F.R. § 5 | |
| 279 | + | 441.311(D)(2); 6 | |
| 280 | + | ||
| 281 | + | (3) BUREAU OF LABOR STATISTICS PUBLICLY A VAILABLE WAGE 7 | |
| 282 | + | DATA AND OTHER LABOR MARKET AND WOR KFORCE DATA ; 8 | |
| 283 | + | ||
| 284 | + | (4) BENCHMARKING AND RATE STUDIES FOR HOME – AND 9 | |
| 285 | + | COMMUNITY –BASED SERVICES CONDU CTED BY THE DEPARTMENT ; 10 | |
| 286 | + | ||
| 287 | + | (5) RATE INFORMATION FROM NEIGHBORING OR SIMIL ARLY 11 | |
| 288 | + | SITUATED STATES ; AND 12 | |
| 289 | + | ||
| 290 | + | (6) ACCESS–TO–CARE METRICS , INCLUDING: 13 | |
| 291 | + | ||
| 292 | + | (I) THE NUMBER OF CONSUME RS RECEIVING APPLICA BLE 14 | |
| 293 | + | SERVICES; 15 | |
| 294 | + | ||
| 295 | + | (II) THE NUMBER OF UTILIZA TION HOURS FOR APPLI CABLE 16 | |
| 296 | + | SERVICE CATEGORIES ; 17 | |
| 297 | + | ||
| 298 | + | (III) A DESCRIPTION OF HOW T HE STATE MAINTAINS THE 18 | |
| 299 | + | MEDICAID WAIVER WAITI NG LIST FOR HOME – AND COMMUNITY –BASED SERVICES; 19 | |
| 300 | + | ||
| 301 | + | (IV) THE NUMBER OF INDIVID UALS ON THE WAITING LIST; 20 | |
| 302 | + | ||
| 303 | + | (V) THE AVERAGE LENGTH OF TIME NEW WAIVER ENRO LLEES 21 | |
| 304 | + | WAITED TO ENROLL ; AND 22 | |
| 305 | + | ||
| 306 | + | (VI) THE NUMBER OF TIMES I NDIVIDUALS MUST RE –APPLY TO 23 | |
| 307 | + | RECEIVE SERVICES . 24 | |
| 308 | + | ||
| 309 | + | (C) THE DEPARTMENT SHALL CONS ULT THE ADVISORY GROUP BEFORE 25 | |
| 310 | + | MAKING CHANGES TO PA YMENT RATES FOR APPL ICABLE SERVICE CATEG ORIES AND 26 | |
| 311 | + | SHALL AFFORD DEFEREN CE TO THE ADVISORY GROUP’S RECOMMENDATIONS . 27 | |
| 312 | + | ||
| 313 | + | (D) (1) TO SUPPORT THE ADVISORY GROUP AND ENGAGE THE BROADER 28 | |
| 314 | + | DIRECT CARE WORKFORC E AND CONSUME RS ACROSS THE STATE, THE 29 8 SENATE BILL 920 | |
| 315 | + | ||
| 316 | + | ||
| 317 | + | DEPARTMENT SHALL DEVE LOP A PUBLIC EDUCATI ON AND COMMUNICATION PLAN 1 | |
| 318 | + | TO INFORM DIRECT CAR E WORKERS AND DIRECT CARE CONSUMERS OF : 2 | |
| 319 | + | ||
| 320 | + | (I) THE ADVISORY GROUP, ITS PURPOSE , MEETINGS, AND 3 | |
| 321 | + | OPPORTUNITIES FOR IN PUT; AND 4 | |
| 322 | + | ||
| 323 | + | (II) A SUMMARY OF ITS ANNUAL REPORT AND ANY 5 | |
| 324 | + | RECOMMENDATIONS . 6 | |
| 325 | + | ||
| 326 | + | (2) THE PUBLIC EDUCATION AND COMMUNICATION PL AN MUST: 7 | |
| 327 | + | ||
| 328 | + | (I) ENSURE BROAD LANGUAGE ACCESS AND BE CULTUR ALLY 8 | |
| 329 | + | COMPETENT ; 9 | |
| 330 | + | ||
| 331 | + | (II) USE TARGETED METHODS THAT WILL EFFECTIVEL Y 10 | |
| 332 | + | ENGAGE DIRECT CARE W ORKERS AND DIRE CT CARE CONSUMERS , INCLUDING 11 | |
| 333 | + | ADVERTISING AND OTHE R MARKETING TOOLS ; 12 | |
| 334 | + | ||
| 335 | + | (III) INCLUDE AN OPTION FOR DIRECT CARE WORKERS AND 13 | |
| 336 | + | DIRECT CARE CONSUMER S TO PROVIDE INFORMA TION, INCLUDING A MAILING 14 | |
| 337 | + | ADDRESS, E–MAIL ADDRESS , OR TELEPHONE NUMBER , FOR PURPOSES OF 15 | |
| 338 | + | RECEIVING ONGOING COMMUN ICATION FROM THE DEPARTMENT CONCERNING THE 16 | |
| 339 | + | ADVISORY GROUP AND OPPORTUNITI ES FOR ENGAGEMENT WI TH THE ADVISORY 17 | |
| 340 | + | GROUP; AND 18 | |
| 341 | + | ||
| 342 | + | (IV) REQUIRE EACH RESIDENT IAL SERVICE AGENCY T O 19 | |
| 343 | + | PROVIDE INFORMATION REGARDING THE ADVISORY GROUP DIRECTLY TO ITS 20 | |
| 344 | + | EMPLOYEES. 21 | |
| 345 | + | ||
| 346 | + | 15–1205. 22 | |
| 347 | + | ||
| 348 | + | (A) THE ADVISORY GROUP SHALL: 23 | |
| 349 | + | ||
| 350 | + | (1) EVALUATE THE SUFFICIE NCY OF MEDICAID PAYMENT RATE S FOR 24 | |
| 351 | + | APPLICABLE SERVICE C ATEGORIES; 25 | |
| 352 | + | ||
| 353 | + | (2) EXAMINE WORKING CONDI TIONS FOR THE DIRECT CARE 26 | |
| 354 | + | WORKFORCE , INCLUDING CURRENT WA GE RATES AND OFFERED BENEFITS, 27 | |
| 355 | + | INITIATIVES FOR RETE NTION AND RECRUITMEN T OF WORKERS , TRAINING 28 | |
| 356 | + | REQUIREMENTS , AND ACCESS TO WORKER ORGANIZATIONS ; 29 | |
| 357 | + | ||
| 358 | + | (3) EVALUATE CHALLENGES TO ACCESSING CARE FO R APPLICABLE 30 | |
| 359 | + | MEDICAID HOME – AND COMMUNITY –BASED SERVICES ; AND 31 SENATE BILL 920 9 | |
| 185 | 360 | ||
| 186 | 361 | ||
| 187 | 362 | ||
| 188 | - | ( | |
| 189 | - | ||
| 363 | + | (4) DEVELOP A COMMUNICATI ON PLAN FOR THE DEPARTMENT ’S 1 | |
| 364 | + | ENGAGEMENT WITH DIRE CT CARE WORKERS AND CONSUMERS . 2 | |
| 190 | 365 | ||
| 191 | - | (2) THE SECRETARY SHALL ENSUR E THAT MEMBERS SERVE 3 | |
| 192 | - | STAGGERED TERMS . 4 | |
| 366 | + | (B) (1) ON OR BEFORE SEPTEMBER 1 EACH YEAR, BEGINNING IN 2026, 3 | |
| 367 | + | THE ADVISORY GROUP SHALL REPORT IT S ACTIVITIES AND REC OMMENDATIONS TO 4 | |
| 368 | + | THE GOVERNOR AND , IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT 5 | |
| 369 | + | ARTICLE, THE GENERAL ASSEMBLY. 6 | |
| 193 | 370 | ||
| 194 | - | (3) AT THE END OF A TERM , AN APPOINTED MEMBER CONTINUES TO 5 | |
| 195 | - | SERVE UNTIL A SUCCES SOR IS APPOINTED AND QUALIFIES. 6 | |
| 371 | + | (2) THE REPORT OF THE ADVISORY GROUP SHALL ADDRESS : 7 | |
| 196 | 372 | ||
| 197 | - | (4) A MEMBER WHO IS APPOIN TED AFTER A TERM HAS BEGUN SERVES 7 | |
| 198 | - | ONLY FOR THE REST OF T HE TERM AND UNTIL A SUCCESSOR IS APPOINT ED AND 8 | |
| 199 | - | QUALIFIES. 9 | |
| 373 | + | (I) RECOMMENDATIONS FOR I NCREASING MEDICAID 8 | |
| 374 | + | PAYMENT RATES FOR AP PLICABLE SERVICE CAT EGORIES; 9 | |
| 200 | 375 | ||
| 201 | - | ( | |
| 202 | - | ||
| 203 | - | ||
| 376 | + | (II) EMPLOYMENT STANDARDS FOR DIRECT CARE WORK ERS, 10 | |
| 377 | + | INCLUDING A WAGE FLO OR AND EFFORTS TO CO MBAT MISCLASSIFICATI ON OF 11 | |
| 378 | + | EMPLOYEES; 12 | |
| 204 | 379 | ||
| 205 | - | (F) A MEMBER OF THE ADVISORY GROUP: 13 | |
| 380 | + | (III) REMOVING BARRIERS TO ACCESS TO CARE AND 13 | |
| 381 | + | RECOMMENDATIONS ON H OW TO IMPROVE ACCESS TO QUALITY AND CONTI NUOUS 14 | |
| 382 | + | CARE; 15 | |
| 206 | 383 | ||
| 207 | - | (1) MAY NOT RECEIVE COMPE NSATION AS A MEMBER OF THE 14 | |
| 208 | - | ADVISORY GROUP; BUT 15 | |
| 384 | + | (IV) MEANS THE STATE CAN USE TO COMM UNICATE 16 | |
| 385 | + | INFORMATION TO DIREC T CARE WORKERS AND C ONSUMERS ABOUT THE P URVIEW 17 | |
| 386 | + | OF THE ADVISORY GROUP, ITS PURPOSE, ITS MEETINGS AND HEA RINGS, AND 18 | |
| 387 | + | OPPORTUNITIES TO PRO VIDE INPUT; AND 19 | |
| 209 | 388 | ||
| 210 | - | (2) IS ENTITLED TO REIMBU RSEMENT FOR EXPENSES UNDER THE 16 | |
| 211 | - | STANDARD STATE TRAVEL REGULATIONS, AS PROVIDED IN THE STATE BUDGET . 17 | |
| 389 | + | (V) THE ADVISORY GROUP’S REVIEW OF ANY RACI AL, GENDER, 20 | |
| 390 | + | OR ECONOMIC DISPARIT IES IMPACTING DIRECT CARE WORKERS OR CONS UMERS 21 | |
| 391 | + | AND EXAMPLES OF RATE S AND DELIVERY SYSTE MS FOR APPLICABLE SERVICE S IN 22 | |
| 392 | + | OTHER STATES WITH FA VORABLE CONDITIONS F OR DIRECT CARE WORKE RS AND 23 | |
| 393 | + | CONSUMERS . 24 | |
| 212 | 394 | ||
| 213 | - | ( | |
| 214 | - | ||
| 395 | + | (3) ANY RECOMMENDATIONS A DOPTED BY THE ADVISORY GROUP 25 | |
| 396 | + | MUST RECEIVE AN AFFI RMATIVE VOTE OF AT L EAST SEVEN MEMBERS . 26 | |
| 215 | 397 | ||
| 216 | - | (2) MEETING DATES, TIMES, AND LOCATIONS SHALL BE SELECTED TO 20 | |
| 217 | - | MAXIMIZE MEMBER ATTE NDANCE. 21 | |
| 218 | - | ||
| 219 | - | 15–1204. 22 | |
| 220 | - | ||
| 221 | - | (A) (1) THE DEPARTMENT SHALL ESTA BLISH STANDARDIZED 23 | |
| 222 | - | PROCEDURES FOR THE ADMINISTRATION OF TH E ADVISORY GROUP AND MAKE THE 24 | |
| 223 | - | PROCEDURES AVAILABLE TO THE PUBLIC ON A D EDICATED PAGE OF THE 25 | |
| 224 | - | DEPARTMENT ’S WEBSITE. 26 | |
| 225 | - | ||
| 226 | - | (2) THE DEDICATED PAGE ON THE DEPARTMENT ’S WEBSITE SHALL 27 | |
| 227 | - | ALSO INCLUDE: 28 | |
| 228 | - | ||
| 229 | - | (I) A LIST OF CURRENT ADVISORY GROUP MEMBERS; 29 | |
| 230 | - | 6 SENATE BILL 920 | |
| 398 | + | (4) BEFORE THE SUBMISSION OF THE REPORT UNDER PARAGRAPH 27 | |
| 399 | + | (1) OF THIS SUBSECTION , THE DEPARTMENT SHALL REVI EW THE REPORT ON 28 | |
| 400 | + | RECEIPT FROM THE ADVISORY GROUP AND WITHIN 60 DAYS AFTER RECEIVING THE 29 | |
| 401 | + | REPORT RESPOND TO AN Y RECOMMENDATION , INCLUDING ANY JUSTIF ICATION FOR 30 | |
| 402 | + | DECLINING TO IMPLEME NT A RECOMMENDATION OF THE ADVISORY GROUP. 31 | |
| 403 | + | 10 SENATE BILL 920 | |
| 231 | 404 | ||
| 232 | 405 | ||
| 233 | - | ( | |
| 234 | - | ||
| 406 | + | (5) FOLLOWING THE DEPARTMENT ’S REVIEW OF THE ANNU AL 1 | |
| 407 | + | REPORT, THE DEPARTMENT SHALL : 2 | |
| 235 | 408 | ||
| 236 | - | ( | |
| 237 | - | ||
| 409 | + | (I) PROVIDE THE ADVISORY GROUP WITH AN OPPORTU NITY 3 | |
| 410 | + | TO MAKE CHANGES TO T HE REPORT; AND 4 | |
| 238 | 411 | ||
| 239 | - | ( | |
| 240 | - | THE | |
| 412 | + | (II) POST THE REPORT TO THE DEPARTMENT ’S WEBSITE 5 | |
| 413 | + | WITHIN 30 DAYS AFTER THE REPOR T HAS BEEN FINALIZED . 6 | |
| 241 | 414 | ||
| 242 | - | (V) PROCEDURES TO ENSURE MEANINGFUL PARTICIPA TION 7 | |
| 243 | - | FOR INDIVIDUALS WITH DISABILITIES AND LIM ITED ENGLISH PROFICIENCY ; 8 | |
| 415 | + | (C) THE ADVISORY GROUP MAY HOLD OPPORT UNITIES TO SOLICIT A ND 7 | |
| 416 | + | COLLECT TESTIMONY FR OM THE PUBLIC AND IN VITE INPUT FROM EMPL OYER 8 | |
| 417 | + | ORGANIZATIONS , WORKER ORGANIZATIONS , CONSUMER ADVOCACY GR OUPS, AND 9 | |
| 418 | + | OTHER STAKEHOLDERS I N THE DIRECT CARE IN DUSTRY. 10 | |
| 244 | 419 | ||
| 245 | - | (VI) A NOTATION OF AT WHICH MEETINGS THE GENERAL PUBLIC 9 | |
| 246 | - | WILL HAVE AN OPPORTU NITY TO TESTIFY OR M AKE COMMENTS ; AND 10 | |
| 420 | + | (D) (1) AN EMPLOYER OR STATE AGENCY MAY NOT TAKE RETALIATORY 11 | |
| 421 | + | ACTION AGAINST A DIR ECT CARE WORKER OR C ONSUMER FOR PARTICIP ATION IN 12 | |
| 422 | + | THE ADVISORY GROUP. 13 | |
| 247 | 423 | ||
| 248 | - | ( | |
| 249 | - | ||
| 250 | - | ||
| 424 | + | (2) THIS SECTION DOES NOT LIMIT THE RIGHTS OF DIRECT CARE 14 | |
| 425 | + | WORKERS UNDER STATE OR FEDERAL EMPL OYMENT OR LABOR LAW , OR 15 | |
| 426 | + | COLLECTIVE BARGAININ G AGREEMENTS . 16 | |
| 251 | 427 | ||
| 252 | - | | |
| 253 | - | ||
| 254 | - | ||
| 428 | + | SECTION 2. AND BE IT FURTHER ENACTED, That the Secretary shall appoint 17 | |
| 429 | + | the initial members of the Maryland Interested Parties Advisory Group on or before 18 | |
| 430 | + | October 1, 2025. 19 | |
| 255 | 431 | ||
| 256 | - | (1) DISTRIBUTING INFORMAT ION COLLECTED BY THE MARYLAND 17 | |
| 257 | - | DEPARTMENT OF LABOR UNDER § 15–156 OF THIS TITLE , INCLUDING DATA 18 | |
| 258 | - | COLLECTED BY RESIDEN TIAL SERVICE AGENCIES RELATED TO DIRECT CA RE 19 | |
| 259 | - | WORKFORCE : 20 | |
| 260 | - | ||
| 261 | - | (I) STABILITY, INCLUDING TOTAL NUMB ERS OF FULL –TIME 21 | |
| 262 | - | AND PART–TIME HOME CARE WORKE RS, PERCENTAGE OF THE YE AR THAT THE 22 | |
| 263 | - | EMPLOYEES WERE EMPLO YED, AVERAGE LENGTH OF EM PLOYMENT, TURNOVER 23 | |
| 264 | - | RATE, VACANCIES, AND UNSTAFFED HOURS MEASURED BY HOURS AL LOTTED IN 24 | |
| 265 | - | PLANS OF SERVICE FOR WHICH THE CONSUMER I S NOT RECEIVING CARE ; 25 | |
| 266 | - | ||
| 267 | - | (II) COMPENSATION AND BENE FITS, INCLUDING THE HIGHES T, 26 | |
| 268 | - | LOWEST, MEDIAN, AND AVERAGE HOURLY W AGE PAID BY PROVIDER AGENCIES, 27 | |
| 269 | - | NUMBER OF HOURS AUTHORIZED FOR OVERT IME PAY, NUMBER OF HOURS PAID FOR 28 | |
| 270 | - | TRAVEL TIME BETWEEN CLIENTS, AND AVERAGE DAYS OF EARNED SICK AND SAFE 29 | |
| 271 | - | LEAVE PAID TO HOME C ARE WORKERS EACH YEA R; 30 | |
| 272 | - | ||
| 273 | - | (III) EMPLOYEE BENEFITS , INCLUDING HEALTH , DENTAL, AND 31 | |
| 274 | - | VISION BENEFITS , LIFE AND DISA BILITY INSURANCE , PAID LEAVE, RETIREMENT , 32 | |
| 275 | - | AND TUITION REIMBURS EMENT; 33 | |
| 276 | - | SENATE BILL 920 7 | |
| 277 | - | ||
| 278 | - | ||
| 279 | - | (IV) PROVIDER COSTS RELATE D TO THE WORKFORCE , 1 | |
| 280 | - | INCLUDING COSTS OF R EQUIRED TRAININGS , TRAVEL COSTS FOR DIR ECT CARE 2 | |
| 281 | - | WORKERS SUCH AS MILE AGE REIMBURSEMENT OR PUBLIC TRANSPORTATIO N 3 | |
| 282 | - | SUBSIDIES, AND COSTS OF PERSONA L PROTECTIVE EQUIPME NT FOR DIRECT CARE 4 | |
| 283 | - | WORKERS; AND 5 | |
| 284 | - | ||
| 285 | - | (V) DEMOGRAPHIC INFORMATI ON INCLUDING AGE , GENDER, 6 | |
| 286 | - | RACE AND ETHNICITY , HIGHEST EDUCATIONAL LEVEL ATTAINED , CERTIFICATIONS 7 | |
| 287 | - | HELD, AND NUMBER OF YEARS OF DIRECT CARE WORK EXPERIENCE CURRENT AND 8 | |
| 288 | - | PROPOSED PAYMENT RAT ES; 9 | |
| 289 | - | ||
| 290 | - | (2) FEDERALLY REQUIRED IN FORMATION WITH A DETAILED 10 | |
| 291 | - | EXPLANATION OF THE M ETHODOLOGY AND DATA LIMITATIONS FOR EACH REPORT, 11 | |
| 292 | - | INCLUDING: 12 | |
| 293 | - | ||
| 294 | - | (I) HOME– AND COMMUNITY –BASED SERVICES PAYME NT 13 | |
| 295 | - | TRANSPARENCY REPORTS ; 14 | |
| 296 | - | ||
| 297 | - | (II) PAYMENT ADEQUACY REPO RTS AS REQUIRED UNDE R 42 15 | |
| 298 | - | C.F.R. § 441.311(E); AND 16 | |
| 299 | - | ||
| 300 | - | (III) ACCESS–TO–CARE DATA, AS REQUIRED UNDER 42 C.F.R. § 17 | |
| 301 | - | 441.311(D)(2); 18 | |
| 302 | - | ||
| 303 | - | (3) BUREAU OF LABOR STATISTICS PUBLICLY A VAILABLE WAGE 19 | |
| 304 | - | DATA AND OTHER LABOR MARKET AND WORKFORCE DATA; 20 | |
| 305 | - | ||
| 306 | - | (4) BENCHMARKING AND RATE STUDIES FOR HOME – AND 21 | |
| 307 | - | COMMUNITY –BASED SERVICES CONDU CTED BY THE DEPARTMENT ; 22 | |
| 308 | - | ||
| 309 | - | (5) RATE INFORMATION FROM NEIGHBORING OR SIMIL ARLY 23 | |
| 310 | - | SITUATED STATES ; AND 24 | |
| 311 | - | ||
| 312 | - | (6) ACCESS–TO–CARE METRICS , INCLUDING: 25 | |
| 313 | - | ||
| 314 | - | (I) THE NUMBER OF CONSUME RS RECEIVING APPLICA BLE 26 | |
| 315 | - | SERVICES; AND 27 | |
| 316 | - | ||
| 317 | - | (II) THE NUMBER OF UTILIZA TION HOURS FOR APPLI CABLE 28 | |
| 318 | - | SERVICE CATEGORIES ; 29 | |
| 319 | - | ||
| 320 | - | (III) A DESCRIPTION OF HOW T HE STATE MAINTAINS THE 30 | |
| 321 | - | MEDICAID WAIVER WAITI NG LIST FOR HOME – AND COMMUNITY –BASED SERVICES ; 31 | |
| 322 | - | 8 SENATE BILL 920 | |
| 323 | - | ||
| 324 | - | ||
| 325 | - | (IV) THE NUMBER OF INDIVID UALS ON THE WAITING LIST; 1 | |
| 326 | - | ||
| 327 | - | (V) THE AVERAGE LENGTH OF TIME NEW WAIVER ENRO LLEES 2 | |
| 328 | - | WAITED TO ENROLL ; AND 3 | |
| 329 | - | ||
| 330 | - | (VI) THE NUMBER OF TIMES I NDIVIDUALS MUST RE –APPLY TO 4 | |
| 331 | - | RECEIVE SERVICES . 5 | |
| 332 | - | ||
| 333 | - | (C) THE DEPARTMENT SHALL CONS ULT THE ADVISORY GROUP BEFORE 6 | |
| 334 | - | MAKING CHANGES TO PA YMENT RATES FOR APPL ICABLE SERVICE CATEG ORIES AND 7 | |
| 335 | - | SHALL AFFORD DEFEREN CE TO THE ADVISORY GROUP’S RECOMMENDATIONS . 8 | |
| 336 | - | ||
| 337 | - | (D) (1) TO SUPPORT THE ADVISORY GROUP AND ENGAGE THE BROADER 9 | |
| 338 | - | DIRECT CARE WORKFORC E AND CONSUMERS ACRO SS THE STATE, THE 10 | |
| 339 | - | DEPARTMENT SHALL DEVE LOP A PUBLIC EDUCATI ON AND COMMUNICATION PLAN 11 | |
| 340 | - | TO INFORM DIRECT CAR E WORKERS AND DIRECT CARE CONSUMERS OF : 12 | |
| 341 | - | ||
| 342 | - | (I) THE ADVISORY GROUP, ITS PURPOSE , MEETINGS, AND 13 | |
| 343 | - | OPPORTUNITIES FOR IN PUT; AND 14 | |
| 344 | - | ||
| 345 | - | (II) A SUMMARY OF ITS ANNUA L REPORT AND ANY 15 | |
| 346 | - | RECOMMENDATIONS . 16 | |
| 347 | - | ||
| 348 | - | (2) THE PUBLIC EDUCATION AND COMMUNICATION PL AN MUST: 17 | |
| 349 | - | ||
| 350 | - | (I) ENSURE BROAD LANGUAGE ACCESS AND BE CULTUR ALLY 18 | |
| 351 | - | COMPETENT ; 19 | |
| 352 | - | ||
| 353 | - | (II) USE TARGETED METHODS THAT WILL EFFECTIVEL Y 20 | |
| 354 | - | ENGAGE DIRECT CARE W ORKERS AND DIRECT CA RE CONSUM ERS, INCLUDING 21 | |
| 355 | - | ADVERTISING AND OTHE R MARKETING TOOLS ; 22 | |
| 356 | - | ||
| 357 | - | (III) INCLUDE AN OPTION FOR DIRECT CARE WORKERS AND 23 | |
| 358 | - | DIRECT CARE CONSUMER S TO PROVIDE INFORMA TION, INCLUDING A MAILING 24 | |
| 359 | - | ADDRESS, E–MAIL ADDRESS , OR TELEPHONE NUMBER , FOR PURPOSES OF 25 | |
| 360 | - | RECEIVING ONGOING COMMUNICATION FROM T HE DEPARTMENT CONCERNING THE 26 | |
| 361 | - | ADVISORY GROUP AND OPPORTUNITI ES FOR ENGAGEMENT WI TH THE ADVISORY 27 | |
| 362 | - | GROUP; AND 28 | |
| 363 | - | ||
| 364 | - | (IV) REQUIRE EACH RESIDENT IAL SERVICE AGENCY T O 29 | |
| 365 | - | PROVIDE INFORMATION REGARDING THE ADVISORY GROUP DIRECTLY TO ITS 30 | |
| 366 | - | EMPLOYEES. 31 | |
| 367 | - | ||
| 368 | - | 15–1205. 32 SENATE BILL 920 9 | |
| 369 | - | ||
| 370 | - | ||
| 371 | - | ||
| 372 | - | (A) THE ADVISORY GROUP SHALL: 1 | |
| 373 | - | ||
| 374 | - | (1) EVALUATE THE SUFFICIE NCY OF MEDICAID PAYMENT RATE S FOR 2 | |
| 375 | - | APPLICABLE SERVICE C ATEGORIES; AND 3 | |
| 376 | - | ||
| 377 | - | (2) EXAMINE WORKING CONDI TIONS FOR THE DIRECT CARE 4 | |
| 378 | - | WORKFORCE , INCLUDING CURRENT WA GE RATES AND OFFERED BENEFITS, 5 | |
| 379 | - | INITIATIVES FOR RETE NTION AND RECRUITMEN T OF WORKERS , TRAINING 6 | |
| 380 | - | REQUIREMENTS , AND ACCESS TO WORKER ORGANIZATIONS ; 7 | |
| 381 | - | ||
| 382 | - | (3) EVALUATE CHALLENGES T O ACCESSING CARE FOR APPLICABLE 8 | |
| 383 | - | MEDICAID HOME – AND COMMUNITY –BASED SERVICES ; AND 9 | |
| 384 | - | ||
| 385 | - | (4) DEVELOP A COMMUNICATI ON PLAN FOR THE DEPARTMENT ’S 10 | |
| 386 | - | ENGAGEMENT WITH DIRE CT CARE WORKERS AND CONSUMERS . 11 | |
| 387 | - | ||
| 388 | - | (B) (1) ON OR BEFORE SEPTEMBER 1 EACH YEAR, BEGINNING IN 2026, 12 | |
| 389 | - | THE ADVISORY GROUP SHALL REPORT IT S ACTIVITIES AND REC OMMENDATIONS TO 13 | |
| 390 | - | THE GOVERNOR AND , IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT 14 | |
| 391 | - | ARTICLE, THE GENERAL ASSEMBLY. 15 | |
| 392 | - | ||
| 393 | - | (2) THE REPORT OF THE ADVISORY GROUP SHALL ADDRESS : 16 | |
| 394 | - | ||
| 395 | - | (I) RECOMMENDATIONS FOR I NCREASING MEDICAID 17 | |
| 396 | - | PAYMENT RATES FOR AP PLICABLE SERVICE CAT EGORIES; 18 | |
| 397 | - | ||
| 398 | - | (II) EMPLOYMENT STANDARDS FOR DIRECT CARE W ORKERS, 19 | |
| 399 | - | INCLUDING A WAGE FLO OR AND EFFORTS TO CO MBAT MISCLASSIFICATI ON OF 20 | |
| 400 | - | EMPLOYEES; 21 | |
| 401 | - | ||
| 402 | - | (III) REMOVING BARRIERS TO ACCESS TO CARE AND 22 | |
| 403 | - | RECOMMENDATIONS ON H OW TO IMPROVE ACCESS TO QUALITY AND CONTI NUOUS 23 | |
| 404 | - | CARE; 24 | |
| 405 | - | ||
| 406 | - | (IV) MEANS THE STATE CAN USE TO COMM UNICATE 25 | |
| 407 | - | INFORMATION TO DIREC T CARE WORKERS AND C ONSUMERS ABOUT THE P URVIEW 26 | |
| 408 | - | OF THE ADVISORY GROUP, ITS PURPOSE, ITS MEETINGS AND HEA RINGS, AND 27 | |
| 409 | - | OPPORTUNITIES TO PRO VIDE INPUT; AND 28 | |
| 410 | - | ||
| 411 | - | (V) THE ADVISORY GROUP’S REVIEW OF ANY RACI AL, GENDER, 29 | |
| 412 | - | OR ECONOMIC DISPARIT IES IMPACTING DIRECT CARE WORKERS OR CONSUMERS 30 | |
| 413 | - | AND EXAMPLES OF RATE S AND DELIVERY SYSTE MS FOR APPLICABLE SE RVICES IN 31 10 SENATE BILL 920 | |
| 414 | - | ||
| 415 | - | ||
| 416 | - | OTHER STATES WITH FA VORABLE CONDITIONS F OR DIRECT CARE WORKE RS AND 1 | |
| 417 | - | CONSUMERS . 2 | |
| 418 | - | ||
| 419 | - | (3) ANY RECOMMENDATIONS A DOPTED BY THE ADVISORY GROUP 3 | |
| 420 | - | MUST RECE IVE AN AFFIRMATIVE VOTE OF AT LEAST SEVEN ME MBERS A MAJORITY 4 | |
| 421 | - | VOTE. 5 | |
| 422 | - | ||
| 423 | - | (4) BEFORE THE SUBMISSION OF THE REPORT UNDER PARAGRAPH 6 | |
| 424 | - | (1) OF THIS SUBSECTION , THE DEPARTMENT SHALL REVI EW THE REPORT ON 7 | |
| 425 | - | RECEIPT FROM THE ADVISORY GROUP AND WITHIN 60 DAYS AFTER RECEIVING THE 8 | |
| 426 | - | REPORT RESPOND TO AN Y RECOMMENDATION , INCLUDING ANY JUSTIF ICATION FOR 9 | |
| 427 | - | DECLINING TO IMPLEME NT A RECOMMENDATION OF THE ADVISORY GROUP. 10 | |
| 428 | - | ||
| 429 | - | (5) FOLLOWING THE DEPARTMENT ’S REVIEW OF THE ANNU AL 11 | |
| 430 | - | REPORT, THE DEPARTMENT SHALL : 12 | |
| 431 | - | ||
| 432 | - | (I) PROVIDE THE ADVISORY GROUP WITH AN OPPORTU NITY 13 | |
| 433 | - | TO MAKE CHANGES TO T HE REPORT; AND 14 | |
| 434 | - | ||
| 435 | - | (II) (C) POST THE DEPARTMENT SHALL POST THE REPORT 15 | |
| 436 | - | TO THE DEPARTMENT ’S WEBSITE WITHIN 30 DAYS AFTER THE REPOR T HAS BEEN 16 | |
| 437 | - | FINALIZED. 17 | |
| 438 | - | ||
| 439 | - | (C) (D) THE ADVISORY GROUP MAY HOLD OPPORT UNITIES TO SOLICIT 18 | |
| 440 | - | AND COLLECT TESTIMON Y FROM THE PUBLIC AN D INVITE INPUT FROM EMPLOYER 19 | |
| 441 | - | ORGANIZATIONS , WORKER ORGANIZATIONS , CONSUMER ADVOCACY GR OUPS, AND 20 | |
| 442 | - | OTHER STAKEHOLDERS I N THE DIRECT CARE IN DUSTRY. 21 | |
| 443 | - | ||
| 444 | - | (D) (E) (1) AN EMPLOYER OR STATE AGENCY MAY NOT TAKE 22 | |
| 445 | - | RETALIATORY ACTION AGAINS T A DIRECT CARE WORK ER OR CONSUMER FOR 23 | |
| 446 | - | PARTICIPATION IN THE ADVISORY GROUP. 24 | |
| 447 | - | ||
| 448 | - | (2) THIS SECTION DOES NOT LIMIT THE RIGHTS OF DIRECT CARE 25 | |
| 449 | - | WORKERS UNDER STATE OR FEDERAL EMPL OYMENT OR LABOR LAW , OR 26 | |
| 450 | - | COLLECTIVE BARGAININ G AGREEMENTS . 27 | |
| 451 | - | ||
| 452 | - | SECTION 2. AND BE IT FURTHER ENACTED, That the Deputy Secretary of 28 | |
| 453 | - | Health Care Financing, or the Deputy Secretary’s designee, shall appoint the initial 29 | |
| 454 | - | members of the Maryland Interested Parties Advisory Group on or before October 1, 2025. 30 | |
| 455 | - | ||
| 456 | - | SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect July 31 | |
| 457 | - | 1, 2025. 32 | |
| 432 | + | SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect July 20 | |
| 433 | + | 1, 2025. 21 | |
| 458 | 434 |