Maryland Code § HG-13-4707

Section HG-13-4707
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On or before July 1 each year, the Department shall submit an annual report
on the Program to the Governor and, in accordance with § 2-1257 of the State
Government Article, the General Assembly.
§13-4801. IN EFFECT
// EFFECTIVE UNTIL JUNE 30, 2027 PER CHAPTERS 290 AND 291 OF
2023 //
(a) In this subtitle the following words have the meanings indicated.
(b) "Behavioral health" includes substance-related disorders, addictive
disorders, mental disorders, life stressors and crises, and stress-related physical
symptoms.
(c) "Commission" means the Commission on Behavioral Health Care
Treatment and Access.
§13-4802. IN EFFECT
// EFFECTIVE UNTIL JUNE 30, 2027 PER CHAPTERS 290 AND 291 OF
2023 //
There is a Commission on Behavioral Health Care Treatment and Access,
which shall meet jointly with the Behavioral Health Advisory Council.
§13-4803. IN EFFECT
// EFFECTIVE UNTIL JUNE 30, 2027 PER CHAPTERS 290 AND 291 OF
2023 //
(a) The Commission consists of the following members:
(1) One member of the Senate of Maryland, appointed by the
President of the Senate;
(2) One member of the House of Delegates, appointed by the Speaker
of the House;
(3) One representative of Maryland's Congressional Delegation;
(4) The Secretary of Health, or the Secretary's designee;
(5) The Secretary of Human Services, or the Secretary's designee;

(6) The Secretary of Juvenile Services, or the Secretary's designee;
(7) The Deputy Secretary for Behavioral Health, or the Deputy
Secretary's designee;
(8) The Maryland Insurance Commissioner, or the Commissioner's
designee;
(9) The Executive Director of the Health Services Cost Review
Commission, or the Executive Director's designee;
(10) The Executive Director of the Maryland Health Care
Commission, or the Executive Director's designee;
(11) The Executive Director of the Maryland Community Health
Resources Commission, or the Executive Director's designee;
(12) The Executive Director of the State-designated health
information exchange, or the Executive Director's designee;
(13) The Executive Director of the Governor's Office of Crime
Prevention and Policy, or the Executive Director's designee;
(14) The Secretary of the Maryland Department of Disabilities, or the
Secretary's designee;
(15) The Secretary of the Department of Public Safety and
Correctional Services, or the Secretary's designee;
(16) The Special Secretary of the Governor's Office for Children, or the
Special Secretary's designee;
(17) The Special Secretary of Opioid Response, or the Special
Secretary's designee;
(18) The Secretary of Aging, or the Secretary's designee; and
(19) The following members appointed by the Governor:
(i) One representative of the Mental Health Association of
Maryland;

(ii) One representative of the National Alliance on Mental
Illness;
(iii) One representative of the Community Behavioral Health
Association of Maryland;
(iv) One representative of a provider of residential behavioral
health services;
(v) One representative of an acute care hospital;
(vi) One representative of an inpatient psychiatric hospital;
(vii) One individual with experience as a consumer of
behavioral health services;
(viii) One family member of an individual with experience as a
consumer of behavioral health services;
(ix) One representative of a provider of substance use
treatment services;
(x) One representative of a school-based health center;
(xi) One individual with expertise in social determinants of
health;
(xii) One individual with expertise in health economics;
(xiii) One representative of a health insurance carrier;
(xiv) One representative of a managed care organization;
(xv) One representative from the Office of the Public Defender;
(xvi) One representative of the Developmental Disability
Coalition;
(xvii) One representative of the Maryland Chapter of the
National Council on Alcoholism and Drug Dependence;
(xviii) One representative of the Maryland Psychological
Association;

(xix) One representative of Disability Rights Maryland;
(xx) One representative of a Federally Qualified Health Center;
(xxi) One representative of a local behavioral health authority;
(xxii) One individual with an intellectual disability who uses
self-directed behavioral health services; and
(xxiii) One representative of the Maryland State's Attorneys'
Association.
(b) To the extent practicable, the membership of the Commission shall
reflect the geographic and ethnic diversity of the State.
(c) The Governor, the President of the Senate, and the Speaker of the House
jointly shall designate the chair of the Commission.
(d) The Department shall provide staff for the Commission.
(e) A member of the Commission:
(1) May not receive compensation as a member of the Commission;
but
(2) Is entitled to reimbursement for expenses under the Standard
State Travel Regulations, as provided in the State budget.
(f) The Commission shall meet at least three times per year at the times
and places determined jointly by the Commission and the Behavioral Health Advisory
Council.
§13-4804. IN EFFECT
// EFFECTIVE UNTIL JUNE 30, 2027 PER CHAPTERS 290 AND 291 OF
2023 //
The purpose of the Commission is to make recommendations to provide
appropriate, accessible, and comprehensive behavioral health services that are
available on demand to individuals in the State across the behavioral health
continuum.
§13-4805. IN EFFECT

// EFFECTIVE UNTIL JUNE 30, 2027 PER CHAPTERS 290 AND 291 OF
2023 //
The Commission shall:
(1) Conduct an assessment of behavioral health services in the State
to identify needs and gaps in services across the continuum, including community-
based outpatient and support services, crisis response, and inpatient care;
(2) Examine the methods for reimbursing behavioral health care
services in the State and make recommendations on the most effective forms of
reimbursement to maximize service delivery;
(3) Compile findings of State-specific needs assessments related to
behavioral health care services;
(4) Review recommendations and reports of State commissions,
workgroups, or task forces related to behavioral health care services;
(5) Conduct a needs assessment on the State's behavioral health care
workforce to identify gaps and make recommendations to ensure an adequate,
culturally competent, and diverse workforce across the behavioral health care
continuum;
(6) Review trends and best practices from other states regarding
policy and reimbursement strategies that support access to a comprehensive array of
services and ensure quality of care;
(7) Examine and make recommendations related to the behavioral
health of the geriatric and youth populations in the State;
(8) Examine and make recommendations to provide appropriate and
adequate behavioral health services to individuals with developmental disabilities
and complex behavioral health needs, specifically youth;
(9) Assess the health infrastructure, facilities, personnel, and
services available for the State's forensic population and identify deficiencies in
resources and policies needed to prioritize health outcomes, increase public safety,
and reduce recidivism;
(10) Make recommendations on expanding behavioral health
treatment access for the State's court-ordered population;

(11) Make recommendations on action plans regarding the behavioral
health care system's capacity to prepare for and respond to future challenges affecting
the entire State or particular regions or populations in the State, including pandemics
and extreme weather events;
(12) Make recommendations to ensure that behavioral health
treatment is provided in the appropriate setting, including methods to divert
behavioral health patients from emergency departments by using the Maryland
Mental Health and Substance Use Disorder Registry and Referral System
established under § 7.5-802 of this article and 2-1-1;
(13) Examine and review the use of harm reduction strategies to
facilitate access to care;
(14) Examine methods to assist consumers in accessing behavioral
health services; and
(15) Make, in coordination with the Behavioral Health Advisory
Council, recommendations regarding the continuation of the State's behavioral
health carve-out and the financing structure and quality oversight necessary to
integrate somatic and behavioral health services and ensure compliance with the
Mental Health Parity and Addiction Equity Act in the Maryland Medical Assistance
Program.
§13-4806. IN EFFECT
// EFFECTIVE UNTIL JUNE 30, 2027 PER CHAPTERS 290 AND 291 OF
2023 //
(a) The Commission shall establish the following workgroups:
(1) Geriatric behavioral health;
(2) Youth behavioral health, individuals with developmental
disabilities, and individuals with complex behavioral health needs;
(3) Criminal justice-involved behavioral health;
(4) Behavioral health workforce development, infrastructure,
coordination, and financing; and
(5) Improvement of health, social, and economic outcomes related to
substance use.

(b) The workgroup required under subsection (a)(5) of this section shall:
(1) Evaluate and review:
(i) The availability, affordability, and accessibility of
treatment for substance use disorder and recovery support services, including
housing and employment services, in the State;
(ii) The number and percentage of individuals who are directed
to services described in item (i) of this item by the criminal justice system of the State;
(iii) The health outcomes after receiving services described in
item (i) of this item disaggregated by whether the services were sought voluntarily or
mandated by the criminal justice system of the State;
(iv) The impact of current criminal justice involvement related
to substance use in the State on the health and well-being of individuals, families,
and communities;
(v) The cost to the State and local governments resulting from
current criminal justice involvement related to substance use in the State;
(vi) The equitable application of current criminal justice
involvement related to substance use in the State;
(vii) The current research on the efficacy of voluntary treatment
for substance use disorder compared to treatment mandated by criminal justice
systems, including criminal justice systems outside the State; and
(viii) The availability and accessibility of data on the issues
enumerated in this item;
(2) Evaluate and review the Department's regulations on the
standards for the discharge of patients from substance use treatment programs to
assess whether the standards adequately consider the patient's mental health or
substance use disorder diagnosis and the impact of the discharge standards on the
patient; and
(3) (i) Make recommendations on changes to State laws, policies,
and practices needed to mitigate the harms related to the criminalization of
substance use with the goal of improving the public health and safety of residents of
the State; and

(ii) Make recommendations on changes to State laws, policies,
and practices related to the discharge of patients from substance use treatment
programs to consider the patient's mental health or substance use disorder diagnosis
in making an appropriate placement.
(c) The workgroups established under subsection (a) of this section shall
meet at least two times per year at the times and places determined by the
workgroup.
(d) The workgroups established under subsection (a) of this section shall
include members of the Commission and may include individuals invited by the
Commission or the Behavioral Health Advisory Council to serve on the workgroup.
(e) On or before July 1 each year, beginning in 2024, the workgroups
established under subsection (a) of this section shall report and make
recommendations to the Commission and the Behavioral Health Advisory Council.
§13-4807. IN EFFECT
// EFFECTIVE UNTIL JUNE 30, 2027 PER CHAPTERS 290 AND 291 OF
2023 //
(a) (1) On or before January 1 each year, beginning in 2024, the
Commission, in coordination with the Behavioral Health Advisory Council, shall
report to the Governor and, in accordance with § 2-1257 of the State Government
Article, the General Assembly on the Commission's findings and recommendations,
including funding and legislative recommendations, that are consistent with
providing appropriate, accessible, and comprehensive behavioral health services that
are available on demand to individuals in the State across the behavioral health
continuum.
(2) Any legislative recommendations included in the report required
under paragraph (1) of this subsection that require funding shall include an estimate
of the funding required to implement the recommendation and information that
supports the funding estimate.
(b) The report required on or before January 1, 2024, shall include the
findings of the needs assessments required under § 13-4805 of this subtitle.
(c) On or before July 1, 2025, the Commission, in coordination with the
Behavioral Health Advisory Council, shall report to the Governor and, in accordance
with § 2-1257 of the State Government Article, the General Assembly on the
Commission's findings and recommendations regarding the continuation of the
State's behavioral health carve-out and the financing structure and quality oversight

necessary to integrate somatic and behavioral health care services in the Maryland
Medical Assistance Program.
§13-4901. IN EFFECT
// EFFECTIVE UNTIL NOVEMBER 30, 2027 PER CHAPTERS 290, 291, AND
369 OF 2023 //
(a) In this subtitle the following words have the meanings indicated.
(b) "Behavioral health care coordination" means a person-centered, team-
based activity designed to:
(1) Assess and meet the needs of an individual with a behavioral
health condition; and
(2) Help the individual navigate the health care system effectively
and efficiently.
(c) "Pilot Program" means the Behavioral Health Care Coordination Value-
Based Purchasing Pilot Program.
(d) "Value-based purchasing" means financially incentivizing providers to
meet specified outcome measures.
§13-4902. IN EFFECT
// EFFECTIVE UNTIL NOVEMBER 30, 2027 PER CHAPTERS 290, 291, AND
369 OF 2023 //
There is a Behavioral Health Care Coordination Value-Based Purchasing Pilot
Program in the Department.
§13-4903. IN EFFECT
// EFFECTIVE UNTIL NOVEMBER 30, 2027 PER CHAPTERS 290, 291, AND
369 OF 2023 //
The purpose of the Pilot Program is to establish and implement an intensive
care coordination model using value-based purchasing in the specialty behavioral
health system.
§13-4904. IN EFFECT

// EFFECTIVE UNTIL NOVEMBER 30, 2027 PER CHAPTERS 290, 291, AND
369 OF 2023 //
(a) The Department shall administer the Pilot Program.
(b) The Department shall identify at least 500 adults whose behavioral
health condition or functioning places them at risk of hospital emergency department
utilization or inpatient psychiatric hospital admission.
(c) The Pilot Program shall be operational for a 3-year period.
(d) A provider or network of providers selected to participate in the Pilot
Program shall:
(1) Be licensed and in good standing with the Maryland Medical
Assistance Program;
(2) Have experience in providing community-based care
coordination to specialty behavioral health program recipients;
(3) Use an electronic medical record for documenting care
coordination activities and outcomes collection; and
(4) Have an automated data exchange with the State-designated
health information exchange.
(e) The Department shall:
(1) Provide reimbursement on a per member per month basis for the
behavioral health care coordination activities that are not otherwise covered by the
Maryland Medical Assistance Program;
(2) Collect outcomes data on recipients of health care services under
the Pilot Program; and
(3) Evaluate the effectiveness of the value-based purchasing model
by analyzing the following outcome measures:
(i) A comparison of the following data elements before and
after enrollment of recipients of health care services under the Pilot Program:
1. Emergency department utilization for both
behavioral and somatic health purposes;

2. Inpatient hospitalization for both behavioral and
somatic health purposes; and
3. Total health care expenditures;
(ii) Outcomes for recipients with and without primary care
services coordinated by a behavioral health provider; and
(iii) Recognized clinical quality metrics which may include
patient experience measures.
§13-4905. IN EFFECT
// EFFECTIVE UNTIL NOVEMBER 30, 2027 PER CHAPTERS 290, 291, AND
369 OF 2023 //
If necessary to implement the Pilot Program, the Department shall apply to
the Centers for Medicare and Medicaid Services for an amendment to the State's §
1115 HealthChoice Demonstration.
§13-4906. IN EFFECT
// EFFECTIVE UNTIL NOVEMBER 30, 2027 PER CHAPTERS 290, 291, AND
369 OF 2023 //
(a) For each of fiscal years 2025 through 2027, the Governor may include in
the annual budget bill an appropriation of $600,000 for the Pilot Program.
(b) Beginning in fiscal year 2026, the Department may allocate a
percentage of the annual appropriation required under subsection (a) of this section
to reimbursement paid based on the achievement of the outcome measures described
in § 13-4904(e)(3) of this subtitle.
(c) In fiscal year 2027, the Department may increase the percentage of the
annual appropriation required under subsection (a) of this section allocated to
reimbursement paid in accordance with subsection (b) of this section over the
percentage allocated in fiscal year 2026.
§13-4907. IN EFFECT
// EFFECTIVE UNTIL NOVEMBER 30, 2027 PER CHAPTERS 290, 291, AND
369 OF 2023 //

On or before November 1, 2027, the Department shall report to the Governor
and, in accordance with § 2-1257 of the State Government Article, the General
Assembly on the Department's findings and recommendations from the Pilot
Program.

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