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Maryland Register
Issue Date: February 9, 2024 Volume 51 • Issue 3 • Pages 123 — 192
Governor Judiciary Regulations Special Documents General Notices
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| Pursuant to State Government Article, §7-206, Annotated Code of Maryland, this issue contains all previously unpublished documents required to be published, and filed on or before January 22, 2024 5 p.m.
Pursuant to State Government Article, §7-206, Annotated Code of Maryland, I hereby certify that this issue contains all documents required to be codified as of January 22, 2024. Gail S. Klakring Acting Administrator, Division of State Documents Office of the Secretary of State |
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Information About the Maryland
Register and COMAR
MARYLAND REGISTER
The Maryland Register is an official State publication published every
other week throughout the year. A cumulative index is published quarterly.
The Maryland Register is the temporary supplement to the Code of
Maryland Regulations. Any change to the text of regulations published in COMAR, whether by adoption, amendment,
repeal, or emergency action, must first be published in the Register.
The following information is also published regularly in the Register:
• Governor’s Executive Orders
• Attorney General’s Opinions in full text
• Open Meetings Compliance Board Opinions in full text
• State Ethics Commission Opinions in full text
• Court Rules
• District Court Administrative Memoranda
• Courts of Appeal Hearing Calendars
• Agency Hearing and Meeting Notices
• Synopses of Bills Introduced and Enacted
by the General Assembly
• Other documents considered to be in the public interest
CITATION TO THE
MARYLAND REGISTER
The Maryland Register is cited by volume, issue, page number, and date.
Example:
• 19:8 Md. R. 815—817 (April 17,
1992) refers to Volume 19, Issue 8, pages 815—817 of the Maryland Register
issued on April 17, 1992.
CODE OF MARYLAND
REGULATIONS (COMAR)
COMAR is the official compilation of all regulations issued by agencies
of the State of Maryland. The Maryland Register is COMAR’s temporary
supplement, printing all changes to regulations as soon as they occur. At least
once annually, the changes to regulations printed in the Maryland Register are
incorporated into COMAR by means of permanent supplements.
CITATION TO COMAR
REGULATIONS
COMAR regulations are cited by title number, subtitle number, chapter
number, and regulation number. Example: COMAR 10.08.01.03 refers to Title 10,
Subtitle 08, Chapter 01, Regulation 03.
DOCUMENTS INCORPORATED
BY REFERENCE
Incorporation by reference is a legal device by which a document is made
part of COMAR simply by referring to it. While the text of an incorporated
document does not appear in COMAR, the provisions of the incorporated document
are as fully enforceable as any other COMAR regulation. Each regulation that
proposes to incorporate a document is identified in the Maryland Register by an
Editor’s Note. The Cumulative Table of COMAR Regulations Adopted, Amended or
Repealed, found online, also identifies each regulation incorporating a
document. Documents incorporated by reference are available for inspection in
various depository libraries located throughout the State and at the Division
of State Documents. These depositories are listed in the first issue of the
Maryland Register published each year. For further information, call
410-974-2486.
HOW TO RESEARCH REGULATIONS
An
Administrative History at the end of every COMAR chapter gives information
about past changes to regulations. To determine if there have been any
subsequent changes, check the ‘‘Cumulative Table of COMAR Regulations Adopted,
Amended, or Repealed’’ which is found online at http://www.dsd.state.md.us/PDF/CumulativeTable.pdf.
This table lists the regulations in numerical order, by their COMAR number,
followed by the citation to the Maryland Register in which the change occurred.
The Maryland Register serves as a temporary supplement to COMAR, and the two
publications must always be used together. A Research Guide for Maryland
Regulations is available. For further information, call 410-260-3876.
SUBSCRIPTION
INFORMATION
For subscription forms for the Maryland Register and COMAR, see the back
pages of the Maryland Register. Single issues of the Maryland Register are $15.00
per issue.
CITIZEN PARTICIPATION IN
THE REGULATION-MAKING PROCESS
Maryland citizens and other interested
persons may participate in the process by which administrative regulations are
adopted, amended, or repealed, and may also initiate the process by which the
validity and applicability of regulations is determined. Listed below are some
of the ways in which citizens may participate (references are to State
Government Article (SG),
Annotated
Code of Maryland):
• By submitting data or views on proposed
regulations either orally or in writing, to the proposing agency (see
‘‘Opportunity for Public Comment’’ at the beginning of all regulations
appearing in the Proposed Action on Regulations section of the Maryland
Register). (See SG, §10-112)
• By petitioning an agency to adopt, amend,
or repeal regulations. The agency must respond to the petition. (See SG
§10-123)
• By petitioning an agency to issue a
declaratory ruling with respect to how any regulation, order, or statute
enforced by the agency applies. (SG, Title 10, Subtitle 3)
• By petitioning the circuit court for a
declaratory judgment
on
the validity of a regulation when it appears that the regulation interferes
with or impairs the legal rights or privileges of the petitioner. (SG, §10-125)
• By inspecting a certified copy of any
document filed with the Division of State Documents for publication in the
Maryland Register. (See SG, §7-213)
Maryland Register (ISSN
0360-2834). Postmaster: Send
address changes and other mail to: Maryland Register, State House, Annapolis,
Maryland 21401. Tel. 410-260-3876. Published biweekly, with cumulative indexes
published quarterly, by the State of Maryland, Division of State Documents,
State House, Annapolis, Maryland 21401. The subscription rate for the Maryland
Register is $225 per year (first class mail). All subscriptions post-paid to
points in the U.S. periodicals postage paid at Annapolis, Maryland and
additional mailing offices.
Wes Moore, Governor; Susan C. Lee, Secretary of State; Gail S. Klakring, Administrator; Mary D. MacDonald, Senior Editor,
Maryland Register and COMAR; Elizabeth
Ramsey, Editor, COMAR Online, and Subscription Manager;
Front cover: State House, Annapolis, MD, built 1772—79.
Illustrations by Carolyn Anderson, Dept. of General Services
Note: All
products purchased are for individual use only. Resale or other compensated
transfer of the information in printed or electronic form is a prohibited
commercial purpose (see State Government Article, §7-206.2, Annotated Code of
Maryland). By purchasing a product, the buyer agrees that the purchase is for
individual use only and will not sell or give the product to another individual
or entity.
Closing Dates for the Maryland
Register
Schedule of Closing Dates and
Issue Dates for the
Maryland Register ..................................................................... 127
COMAR Research Aids
Table of Pending Proposals ........................................................... 128
Index of COMAR Titles Affected in
This Issue
COMAR
Title Number and Name Page
05 Department of Housing and Community
Development .................................................................. 156
08 Department of Natural Resources ..................................... 154
10 Maryland Department of Health ................................ 152, 159
11 Department of Transportation ............................................ 177
12 Department of Public Safety and Correctional Services ..... 154
14 Independent Agencies ............................................... 154, 183
15 Maryland Department of Agriculture ................................ 153
18 Department of Assessments and Taxation ........................ 184
31 Maryland Insurance Administration .................................. 185
PERSONS
WITH DISABILITIES
Individuals
with disabilities who desire assistance in using the publications and services
of the Division of State Documents are encouraged to call (410) 974-2486, or (800)
633-9657, or FAX to (410) 974-2546, or through Maryland Relay.
Rescission of Executive Order
01.01.2024.03
DISCIPLINARY
PROCEEDINGS .................................. 151
Emergency Action on Regulations
10 MARYLAND DEPARTMENT OF HEALTH
MARYLAND
HEALTH CARE COMMISSION
Health Information Exchanges: Privacy
and Security of
Protected Health Information
BOARD
OF ENVIRONMENTAL HEALTH SPECIALISTS
15 MARYLAND DEPARTMENT OF AGRICULTURE
Cost Sharing—Water Pollution Control
Program ...................
08 DEPARTMENT OF NATURAL RESOURCES
12 DEPARTMENT OF PUBLIC SAFETY AND
CORRECTIONAL SERVICES
MARYLAND
AUTOMOBILE INSURANCE FUND
Uninsured Persons’ Claims for
Compensation from the
Maryland Automobile Insurance Fund
MARYLAND
HEALTH BENEFIT EXCHANGE
Carrier Certification Standards ................................................
Proposed Action on Regulations
05 DEPARTMENT OF HOUSING AND COMMUNITY
DEVELOPMENT
Business Facade Improvement Program ..................................
10 MARYLAND DEPARTMENT OF HEALTH
Behavioral Health Crisis Services
Health Homes ...........................................................................
Maryland Medicaid Managed Care
Program:
Benefits
HUMAN
IMMUNODEFICIENCY VIRUS (HIV) INFECTION
AND ACQUIRED IMMUNODEFICIENCY SYNDROME
(AIDS)
Maryland AIDS Drug Assistance
Program: Eligibility
Maryland AIDS Drug Assistance
Program: Pharmacy
Services
Maryland Mental Health and Substance
Use Disorder
Registry and Referral System
COMMUNITY-BASED
BEHAVIORAL HEALTH
PROGRAMS AND SERVICES
Outpatient Civil Commitment (OCC)
Pilot Program
Maryland Medicaid Managed Care
Program: Eligibility and
Enrollment
Maryland Medicaid Managed Care
Program: Managed Care
Organizations
Maryland Medicaid Managed Care
Program: Access
Maryland Medicaid Managed Care
Program: Benefits
Maryland Medicaid Managed Care
Program: Non-Capitated
Covered Services
11 DEPARTMENT OF TRANSPORTATION
MOTOR
VEHICLE ADMINISTRATION —
ADMINISTRATIVE PROCEDURES
MOTOR
VEHICLE ADMINISTRATION — VEHICLE
EQUIPMENT
Ignition Interlock Systems .......................................................
MOTOR
VEHICLE ADMINISTRATION—MOTORCYCLE
SAFETY PROGRAM
Motorcycle Safety Training Centers
MARYLAND
ENERGY ADMINISTRATION
Clean Energy Grant Program ...................................................
Maryland Clean Energy Incentive Tax Credit Program
18 DEPARTMENT OF ASSESSMENTS AND TAXATION
Appeal Hearings .......................................................................
31 MARYLAND INSURANCE ADMINISTRATION
Disability Benefit Claims Procedures
SUSQUEHANNA RIVER BASIN COMMISSION
Projects Approved for Consumptive Uses of Water ............
Projects Approved for Minor Modifications
WATER AND SCIENCE ADMINISTRATION
Water Quality Certification 23-WQC-0033
Water Quality Certification 24-WQC-0004 .........................
MARYLAND
DEPARTMENT OF HUMAN SERVICES
BCDSS KINSHIP PILOT REQUEST MEMO ................ 189
Public Meeting—CANCELED ................................................
DIVISION
OF LABOR AND INDUSTRY/MARYLAND
OCCUPATIONAL SAFETY AND HEALTH (MOSH)
MARYLAND
STATE LOTTERY AND GAMING CONTROL
COMMISSION
MARYLAND
HEALTH CARE COMMISSION
Public Meeting .........................................................................
MARYLAND
COLLEGE COLLABORATION FOR
STUDENT VETERANS COMMISSION
BOARD
OF WATERWORKS AND WASTE SYSTEMS
OPERATORS
Public Meeting .........................................................................
COMAR
Online
The Code of Maryland
Regulations is available at www.dsd.state.md.us as a free service of the Office
of the Secretary of State, Division of State Documents. The full text of
regulations is available and searchable. Note, however, that the printed COMAR
continues to be the only official and enforceable version of COMAR.
The Maryland Register is
also available at www.dsd.state.md.us.
For additional
information, visit www.dsd.maryland.gov, Division of State Documents, or call us at (410)
974-2486 or 1 (800) 633-9657.
Availability
of Monthly List of
Maryland Documents
The Maryland Department of
Legislative Services receives copies of all publications issued by State
officers and agencies. The Department prepares and distributes, for a fee, a
list of these publications under the title ‘‘Maryland Documents’’. This list is
published monthly, and contains bibliographic information concerning regular
and special reports, bulletins, serials, periodicals, catalogues, and a variety
of other State publications. ‘‘Maryland Documents’’ also includes local
publications.
Anyone wishing to receive ‘‘Maryland Documents’’ should write to: Legislative Sales, Maryland Department of Legislative Services, 90 State Circle, Annapolis, MD 21401.
CLOSING DATES AND ISSUE DATES THROUGH
DECEMBER 2024†
|
Issue |
Emergency and Proposed Regulations 5
p.m.* |
Notices,
etc. 10:30
a.m. |
Final Regulations 10:30
a.m. |
|
2024 |
|||
|
February 23 |
February 5 |
February 12 |
February 14 |
|
March 8 |
February 16** |
February 26 |
February 28 |
|
March 22 |
March 4 |
March 11 |
March 13 |
|
April 5 |
March 18 |
March 25 |
March 27 |
|
April 19 |
April 1 |
April 8 |
April 10 |
|
May 3 |
April 15 |
April 22 |
April 24 |
|
May 17 |
April 29 |
May 6 |
May 8 |
|
May 31 |
May 13 |
May 20 |
May 22 |
|
June 14 |
May 24** |
June 3 |
June 5 |
|
June 28 |
June 10 |
June 17 |
June 18** |
|
July 12 |
June 24 |
July 1 |
July 3 |
|
July 26 |
July 8 |
July 15 |
July 17 |
|
August 9 |
July 22 |
July 29 |
July 31 |
|
August 23 |
August 5 |
August 12 |
August 14 |
|
September 6 |
August 19 |
August 26 |
August 28 |
|
September 20 |
August 30** |
September 9 |
September 11 |
|
October 4 |
September 16 |
September 23 |
September 25 |
|
October 18 |
September 30 |
October 7 |
October 9 |
|
November 1 |
October 11** |
October 21 |
October 23 |
|
November 15 |
October 28 |
November 4 |
November 6 |
|
December
2*** |
November 8** |
November 18 |
November 20 |
|
December 13 |
November 25 |
December 2 |
December 4 |
|
December 27 |
December 9 |
December 16 |
December 18 |
† Please
note that this table is provided for planning purposes and that the Division of
State Documents (DSD) cannot guarantee submissions will be published in an
agency’s desired issue. Although DSD strives to publish according to the
schedule above, there may be times when workload pressures prevent adherence to
it.
* Also note that proposal deadlines are for
submissions to DSD for publication
in the Maryland Register and do not take into account the 15-day AELR review
period. The due date for documents containing 8 to 18 pages is 48 hours before
the date listed; the due date for documents exceeding 18 pages is 1 week before
the date listed.
NOTE: ALL DOCUMENTS MUST BE SUBMITTED IN TIMES NEW
ROMAN, 9-POINT, SINGLE-SPACED FORMAT. THE PAGE COUNT REFLECTS THIS FORMATTING.
** Note closing date changes.
*** Note issue date changes.
The regular closing date for Proposals and Emergencies
is Monday.
Cumulative Table of COMAR Regulations
Adopted, Amended, or Repealed
This table, previously printed in the Maryland Register lists the regulations, by COMAR title, that have been adopted, amended, or repealed in the Maryland Register since the regulations were originally published or last supplemented in the Code of Maryland Regulations (COMAR). The table is no longer printed here but may be found on the Division of State Documents website at www.dsd.state.md.us.
Table of Pending Proposals
The table below lists proposed changes to COMAR regulations. The proposed changes are listed by their COMAR number, followed by a citation to that issue of the Maryland Register in which the proposal appeared. Errata and corrections pertaining to proposed regulations are listed, followed by “(err)” or “(corr),” respectively. Regulations referencing a document incorporated by reference are followed by “(ibr)”. None of the proposals listed in this table have been adopted. A list of adopted proposals appears in the Cumulative Table of COMAR Regulations Adopted, Amended, or Repealed.
05 DEPARTMENT OF HOUSING
AND COMMUNITY DEVELOPMENT
05.03.09.01—.11 •
50:7 Md. R. 304 (4-7-23)
05.20.05.01—.09 • 51:3 Md. R. 156 (2-9-24)
08 DEPARTMENT OF NATURAL
RESOURCES
08.02.03.01,.10,.12—.14
• 51:1 Md. R. 17 (1-12-24)
08.02.03.07 •
51:1 Md. R. 20 (1-12-24)
08.02.04.04 •
51:1 Md. R. 27 (1-12-24)
08.02.05.07 •
51:1 Md. R. 29 (1-12-24)
08.02.15.04,.05,.07
• 50:20 Md. R. 904 (10-6-23)
08.02.23.04 •
51:1 Md. R. 27 (1-12-24)
08.02.26.01—.06 •
51:1 Md. R. 30 (1-12-24)
08.18.18.03 •
50:26 Md. R. 1134 (12-29-23)
09 MARYLAND DEPARTMENT OF LABOR
09.08.01.18 • 50:25 Md. R. 1093 (12-15-23)
09.08.07.02 • 50:25 Md. R. 1093 (12-15-23)
09.09.01.03 • 51:1 Md. R. 32 (1-12-24)
09.10.02.43,.53 • 50:24 Md. R. 1046 (12-1-23)
09.11.09.02 • 50:26 Md. R. 1135 (12-29-23)
09.13.05.03 • 50:26 Md. R. 1136 (12-29-23)
09.14.02.01,.02,.06-1,.06-2 • 50:25 Md. R. 1094
(12-15-23)
09.14.07.03,.05 • 50:25 Md. R. 1094 (12-15-23)
09.15.01.03 • 50:25 Md. R. 1094 (12-15-23)
09.15.02.07 • 50:22 Md. R. 985 (11-3-23)
09.16.01.08 • 50:25 Md. R. 1095 (12-15-23)
09.17.03.03 • 50:25 Md. R. 1096 (12-15-23)
09.18.01.03 • 50:25 Md. R. 1097 (12-15-23)
09.20.05.03 • 50:25 Md. R. 1098 (12-15-23)
09.21.04.03 • 50:26 Md. R. 1136 (12-29-23)
09.22.01.12 • 50:25 Md. R. 1099 (12-15-23)
09.23.04.03 •
50:26 Md. R. 1137 (12-29-23)
09.24.01.09 •
50:26 Md. R. 1138 (12-29-23)
09.28.03.03 •
50:26 Md. R. 1139 (12-29-23)
09.33.02.01—.09 •
50:25 Md. R. 1100 (12-15-23)
09.34.01.01,.02,.04,.05
• 51:1 Md. R. 33 (1-12-24)
09.34.01.13 •
51:1 Md. R. 34 (1-12-24)
09.34.02.01 •
51:1 Md. R. 33 (1-12-24)
09.34.03.01,.02 •
51:1 Md. R. 35 (1-12-24)
09.34.04.01—.03 •
51:1 Md. R. 33 (1-12-24)
09.36.07.02 •
50:17 Md. R. 772 (8-25-23)
09.36.08.02 •
50:25 Md. R. 1101 (12-15-23)
10 MARYLAND DEPARTMENT OF HEALTH
Subtitle 09 (2nd volume)
10.09.02.05,.07 •
50:24 Md. R. 1048 (12-1-23) (ibr)
10.09.06.09 •
51:1 Md. R. 36 (1-12-24)
10.09.10.07,.08 •
51:2 Md. R. 78 (1-26-24)
10.09.11.11 •
51:2 Md. R. 79 (1-26-24)
10.09.16.01—.12 •
51:3 Md. R. 159 (2-9-24)
10.09.21.02—.06 •
51:2 Md. R. 82 (1-26-24)
10.09.24.02,.07,.12
• 51:2 Md. R. 79 (1-26-24)
10.09.24.03 •
50:18 Md. R. 814 (9-8-23)
10.09.33.09 •
51:3 Md. R. 161 (2-9-24)
10.09.36.03-2 •
50:18 Md. R. 814 (9-8-23)
10.09.39.02,.06 • 50:24 Md. R. 1049 (12-1-23)
10.09.43.10,.13 • 51:2 Md. R. 79 (1-26-24)
10.09.44.01,.15,.21,.23 • 51:3 Md. R. 162 (2-9-24)
10.09.64.01—.09 • 51:3 Md. R. 164 (2-9-24)
10.09.80.01,.05,.08 • 51:1 Md. R. 37 (1-12-24)
10.09.92.04,.05 • 51:1 Md. R. 38 (1-12-24)
Subtitles 10—22 (3rd volume)
10.11.08.01—.06 • 51:1 Md. R. 39 (1-12-24)
10.15.06.02,.03,.05,.10,.11 • 51:2 Md. R. 82 (1-26-24) (ibr)
10.18.05.01—.03 • 51:3 Md. R. 166 (2-9-24)
10.18.06.05,.08,.10 • 51:3 Md. R. 166 (2-9-24)
10.21.31.01—.06 •
51:3 Md. R. 167 (2-9-24)
Subtitles 23—36 (4th volume)
10.24.10.01 • 50:24
Md. R. 1050 (12-1-23) (ibr)
10.25.07.02,.04,.05,.09
• 51:1 Md. R. 41 (1-12-24)
10.25.18.01—.04,.06,.07,.09—.11
• 51:1 Md. R. 43 (1-12-24)
10.27.01.05 • 50:20 Md. R. 907 (10-6-23)
10.32.01.10 • 51:2 Md. R. 83 (1-26-24)
10.34.42.01—.03 •
51:2 Md. R. 84 (1-26-24)
Subtitles 37—52 (5th volume)
10.41.01.01—.04 •
50:16 Md. R. 738 (8-11-23)
10.41.02.01,.02,.04
• 50:16 Md. R. 738 (8-11-23)
10.41.03.02,.03,.05,.06
• 50:16 Md. R. 738 (8-11-23)
10.41.04.01,.02,.06,.08
• 50:16 Md. R. 738 (8-11-23)
10.41.05.01—.07 •
50:16 Md. R. 738 (8-11-23)
10.41.08.01-1,.02,.06,.08,.11,.12,.14
• 50:16 Md. R. 738 (8-11-23)
10.41.09.02 •
50:16 Md. R. 738 (8-11-23)
10.41.11.01—.10 •
50:16 Md. R. 738 (8-11-23)
10.41.13.02,.04 •
50:16 Md. R. 738 (8-11-23)
10.44.01.01—.39 • 50:20 Md. R. 911 (10-6-23)
10.44.19.05—.12 •
50:24 Md. R. 1051 (12-1-23)
10.44.20.02 •
50:20 Md. R. 918 (10-6-23)
10.44.22.02,.04—.06,.08—.15 • 50:20 Md. R. 918 (10-6-23)
10.46.09.01—.04 •
51:2 Md. R. 85 (1-26-24)
Subtitles 53—68 (6th volume)
10.53.08.05 •
50:17 Md. R. 773 (8-25-23)
10.53.09.01—.04 •
50:17 Md. R. 773 (8-25-23)
10.60.01.03,.05 •
50:18 Md. R. 816 (9-8-23)
10.60.02.08,.09 • 50:25 Md. R. 1102 (12-15-23)
10.60.03.01—.05 •
50:25 Md. R. 1102 (12-15-23)
10.63.02.02 •
51:3 Md. R. 168 (2-9-24)
10.63.03.20,.21 •
51:3 Md. R. 168 (2-9-24)
10.63.07.02,.03,.05,.11
• 51:3 Md. R. 173 (2-9-24)
10.65.02.06,.09 •
51:2 Md. R. 86 (1-26-24)
10.65.03.02—.09 •
51:2 Md. R. 86 (1-26-24)
10.65.04.01—.06 •
51:2 Md. R. 86 (1-26-24)
10.65.05.01—.04 •
51:2 Md. R. 86 (1-26-24)
10.65.06.01,.02 •
51:2 Md. R. 86 (1-26-24)
10.65.09.01—.06 •
51:2 Md. R. 86 (1-26-24)
10.67.01.01 •
51:3 Md. R. 164 (2-9-24)
10.67.02.01 •
51:3 Md. R. 174 (2-9-24)
10.67.04.03-1,.03-2,.15,.19,.19-4
• 51:3 Md. R. 174 (2-9-24)
10.67.04.20 •
50:24 Md. R. 1049 (12-1-23)
10.67.05.02 •
51:3 Md. R. 174 (2-9-24)
10.67.06.26 •
51:3 Md. R. 164 (2-9-24)
10.67.06.26-1,.26-3,.27
• 51:3 Md. R. 174 (2-9-24)
10.67.06.28 •
50:24 Md. R. 1049 (12-1-23)
10.67.08.03 • 51:3 Md. R. 174 (2-9-24)
11 DEPARTMENT OF
TRANSPORTATION
Subtitles 11—23 (MVA)
11.11.13.04 •
51:3 Md. R. 177 (2-9-24)
11.12.01.14 •
50:15 Md. R. 698 (7-28-23)
11.13.10.04,.10,.14,.20 • 51:3 Md. R. 177 (2-9-24)
11.20.01.01,.03—.12,.14—.33 • 51:3 Md. R. 178
(2-9-24)
12 DEPARTMENT OF PUBLIC
SAFETY AND CORRECTIONAL SERVICES
12.11.10.06 •
51:2 Md. R. 95 (1-26-24)
13A STATE BOARD OF EDUCATION
13A.07.06.01—.15
• 50:14 Md. R. 621 (7-14-23) (ibr)
13A.08.01.17 •
50:20 Md. R. 924 (10-6-23)
13A.12.01.01—.14
• 50:14 Md. R. 633 (7-14-23)
13A.12.02.01—.29
• 50:14 Md. R. 633 (7-14-23)
13A.12.03.01—.12
• 50:14 Md. R. 633 (7-14-23)
13A.12.04.01—.16
• 50:14 Md. R. 633 (7-14-23)
13A.12.05.01—.15
• 50:14 Md. R. 633 (7-14-23)
13A.12.06.01—.09
• 50:14 Md. R. 633 (7-14-23)
13A.12.07.01—.08
• 50:14 Md. R. 633 (7-14-23)
50:15 Md. R. 707 (7-28-23) (err)
13A.15.05.06 •
51:1 Md. R. 50 (1-12-24)
13A.15.09.01 •
51:1 Md. R. 50 (1-12-24)
13A.15.10.06 •
51:1 Md. R. 50 (1-12-24)
13A.16.08.03 •
51:2 Md. R. 95 (1-26-24)
13A.16.09.01,.04
• 51:1 Md. R. 50 (1-12-24)
13A.16.10.02 •
51:2 Md. R. 95 (1-26-24)
13A.16.10.05 •
51:1 Md. R. 50 (1-12-24)
13A.17.10.02 •
51:2 Md. R. 95 (1-26-24)
13A.18.09.01,.04
• 51:1 Md. R. 50 (1-12-24)
13A.18.10.05 •
51:1 Md. R. 50 (1-12-24)
13B MARYLAND HIGHER EDUCATION
COMMISSION
13B.08.20.02—.13
• 50:4 Md. R. 158 (2-24-23)
14 INDEPENDENT AGENCIES
14.26.02.01—.12 •
50:26 Md. R. 1140 (12-29-23)
14.26.03.01—.13 •
50:26 Md. R. 1142 (12-29-23)
14.26.04.01—.13 •
51:3 Md. R. 183 (2-9-24)
14.26.06.01—.11 •
51:3 Md. R. 183 (2-9-24)
14.30.01.01 •
51:2 Md. R. 97 (1-26-24)
14.30.02.01—.05 •
51:2 Md. R. 97 (1-26-24)
14.30.03.01,.02 •
51:2 Md. R. 97 (1-26-24)
14.30.04.01—.12 •
51:2 Md. R. 97 (1-26-24)
14.30.05.01—.17 •
51:2 Md. R. 97 (1-26-24)
14.30.06.01,.02 •
51:2 Md. R. 97 (1-26-24)
14.30.07.01—.04 •
51:2 Md. R. 97 (1-26-24)
14.30.08.01—.26 •
51:2 Md. R. 97 (1-26-24)
14.30.09.01—.03 •
51:2 Md. R. 97 (1-26-24)
14.30.10.01—.24 •
51:2 Md. R. 97 (1-26-24)
14.30.11.01—.27 •
51:2 Md. R. 97 (1-26-24)
14.30.12.01—.05 •
51:2 Md. R. 97 (1-26-24)
14.30.13.01 •
51:2 Md. R. 97 (1-26-24)
14.30.14.01—.05 •
51:2 Md. R. 97 (1-26-24)
14.30.15.01,.02 •
51:2 Md. R. 97 (1-26-24)
14.32.01.01—.06 •
51:2 Md. R. 109 (1-26-24)
14.32.02.01—.22 •
51:2 Md. R. 109 (1-26-24)
14.32.03.01—.07 •
51:2 Md. R. 109 (1-26-24)
14.32.04.01—.06 •
51:2 Md. R. 109 (1-26-24)
14.32.05.01—.05 •
51:2 Md. R. 109 (1-26-24)
14.32.06.01—.03 •
51:2 Md. R. 109 (1-26-24)
14.32.07.01 •
51:2 Md. R. 109 (1-26-24)
14.32.08.01 •
51:2 Md. R. 109 (1-26-24)
14.34.01.01—.03 •
51:2 Md. R. 110 (1-26-24)
14.34.02.01 •
51:2 Md. R. 110 (1-26-24)
14.34.03.01 •
51:2 Md. R. 110 (1-26-24)
14.34.04.01—.17 •
51:2 Md. R. 110 (1-26-24)
14.34.05.01—.12 •
51:2 Md. R. 110 (1-26-24)
14.34.06.01—.04 •
51:2 Md. R. 110 (1-26-24)
14.38.01.03 •
50:23 Md. R. 1011 (11-17-23)
15 MARYLAND DEPARTMENT OF
AGRICULTURE
15.01.05.10 •
51:2 Md. R. 110 (1-26-24)
15.14.09.03 • 50:25 Md. R. 1103 (12-15-23)
15.14.12.02 •
51:2 Md. R. 111 (1-26-24)
18 DEPARTMENT OF
ASSESSMENTS AND TAXATION
18.01.02.03 •
51:3 Md. R. 184 (2-9-24)
18.06.03.01 •
51:3 Md. R. 184 (2-9-24)
21 STATE PROCUREMENT
REGULATIONS
21.03.05.03 •
51:2 Md. R. 112 (1-26-24)
21.05.07.01,.04,.05
• 51:2 Md. R. 112 (1-26-24)
21.05.08.05 •
51:2 Md. R. 112 (1-26-24)
21.05.09.05 •
51:2 Md. R. 112 (1-26-24)
21.11.01.06 •
51:2 Md. R. 112 (1-26-24)
21.11.14.02—.04,.06,.07,.09,.12
• 51:2 Md. R. 115 (1-26-24)
21.11.15.04 •
51:2 Md. R. 112 (1-26-24)
21.13.01.03,.15 •
51:2 Md. R. 112 (1-26-24)
26 DEPARTMENT OF THE
ENVIRONMENT
Subtitles 08—12 (Part 2)
26.11.40.02,.03 •
50:24 Md. R. 1059 (12-1-23)
Subtitles 19—28 (Part 4)
26.28.01.01—.03 •
50:25 Md. R. 1104 (12-15-23) (ibr)
26.28.02.01—.05 •
50:25 Md. R. 1104 (12-15-23)
26.28.03.01,.02 •
50:25 Md. R. 1104 (12-15-23)
26.28.04.01—.03 • 50:25 Md. R. 1104 (12-15-23)
26.30.01.01—.08 • 51:1 Md. R. 52 (1-12-24)
26.30.02.01—.09 • 51:1 Md. R. 52 (1-12-24)
26.30.03.01—.03 • 51:1 Md. R. 52 (1-12-24)
26.30.04.01,.02 • 51:1 Md. R. 52 (1-12-24)
30 MARYLAND INSTITUTE FOR
EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS)
30.01.01.02 •
50:24 Md. R. 1061 (12-1-23)
30.01.02.01 •
50:24 Md. R. 1064 (12-1-23) (ibr)
30.02.02.04,.06—.09 • 50:24 Md. R. 1061 (12-1-23)
30.09.01.02 • 51:2 Md. R. 117 (1-26-24)
30.09.14.04 •
51:2 Md. R. 117 (1-26-24)
31 MARYLAND INSURANCE
ADMINISTRATION
31.10.30.03—.05 •
51:3 Md. R. 185 (2-9-24)
33 STATE BOARD OF
ELECTIONS
33.07.07.01 •
50:26 Md. R. 1147 (12-29-23)
33.07.09.01—.04 •
50:26 Md. R. 1147 (12-29-23)
33.11.01.04 •
50:26 Md. R. 1148 (12-29-23)
33.11.03.02,.08 •
50:26 Md. R. 1147 (12-29-23)
33.11.03.06 •
50:23 Md. R. 1029 (11-17-23)
33.11.04.03 •
50:23 Md. R. 1029 (11-17-23)
33.11.05.04 •
50:26 Md. R. 1148 (12-29-23)
33.16.03.01 •
50:26 Md. R. 1147 (12-29-23)
33.16.06.04 •
50:23 Md. R. 1029 (11-17-23)
33.17.06.10 • 50:26 Md. R. 1147
(12-29-23)
35 DEPARTMENT OF VETERANS
AFFAIRS
35.01.01.02 • 50:25 Md. R. 1115
(12-15-23)
35.03.01.03,.05,.09,.10 • 50:25 Md. R. 1115 (12-15-23)
51:1 Md. R. 58 (1-12-24) (err)
36 MARYLAND STATE LOTTERY
AND GAMING CONTROL AGENCY
36.03.01.02 • 50:26 Md. R. 1149
(12-29-23)
36.03.02.06,.12—.14,.16,.17 •
50:26 Md. R. 1149 (12-29-23)
36.03.03.01,.05—.07,.10 • 50:26
Md. R. 1149 (12-29-23)
36.03.06.03 • 50:26 Md. R. 1149
(12-29-23)
36.03.08.02,.04 • 50:26 Md. R.
1149 (12-29-23)
36.03.10.16,.20,.21,.34 • 50:26
Md. R. 1149 (12-29-23)
36.03.11.05 • 50:26 Md. R. 1149
(12-29-23)
36.04.01.11 • 50:26 Md. R. 1149
(12-29-23)
36.04.02.01,.02 • 50:26 Md. R.
1149 (12-29-23)
36.07.02.12,.18 • 50:26 Md. R.
1149 (12-29-23)
36.10.01.02 • 50:26 Md. R. 1149
(12-29-23)
36.10.02.10,.14 • 50:26 Md. R.
1149 (12-29-23)
36.10.03.02,.04 • 50:26 Md. R.
1149 (12-29-23)
36.10.04.02—.06 • 50:26 Md. R.
1149 (12-29-23)
36.10.05.01,.02 • 50:26 Md. R.
1149 (12-29-23)
36.10.06.02—.07,.09,.11 • 50:26
Md. R. 1149 (12-29-23)
36.10.10.03 • 50:26 Md. R. 1149
(12-29-23)
36.10.13.20,34,.40,.41 • 50:26
Md. R. 1149 (12-29-23)
36.10.14.03,.06 • 50:26 Md. R.
1149 (12-29-23)
36.10.15.03,.04 • 50:26 Md. R.
1149 (12-29-23)
36.11.02.20 • 50:26 Md. R. 1149
(12-29-23)
(Rescinds Executive
Order 01.01.2020.01)
Establishing the Governor’s
Office for Children and the Governor’s Office of Crime Prevention and Policy
WHEREAS, Establishing safe, vibrant communities and reducing the number of children living in poverty in Maryland are top priorities of the Moore-Miller Administration and central tenets of the Administration’s commitment to leave no Marylander behind;
WHEREAS, Achieving these critical goals requires whole of government approaches led by coordinating offices strategically focused on the specific needs of children and families and the State’s crime prevention and victims services efforts;
WHEREAS, Separating the Governor’s Office of Crime Prevention, Youth, and Victim Services into the strategically focused Governor’s Office for Children and Governor’s Office of Crime Prevention and Policy to lead these efforts will improve services for all Marylanders;
WHEREAS, The reestablished Governor’s Office for Children will serve as a central coordinating office to support the well-being of children and families and reduce the number of children living in poverty, which requires a holistic, coordinated approach within State government and across public and private sectors at the federal, State, and local levels;
WHEREAS, The Governor’s Office for Children will lead statewide efforts to build a comprehensive and efficient network of supports, programs, and services for children and their families in order to promote social and emotional well-being, reduce food insecurity, combat youth homelessness, expand access to health services, improve educational outcomes and job readiness, expand access to good jobs, and increase economic opportunity in sustainable ways in jurisdictions that historically have experienced underinvestment;
WHEREAS, The Governor’s Office for Children will work with multi-sector partners to implement place-based strategies designed to provide “cradle to career” access to high quality education and care; connect workers to high quality jobs; enable family-sustaining income and access to affordable high quality housing, child care and health care, including reproductive, maternal, behavioral and mental health care; and increase community health and safety;
WHEREAS, The renamed Governor’s Office for Crime Prevention and Policy will strategically focus on improving community safety outcomes throughout the State and establishing effective partnerships with stakeholders in the community and in government to drive positive public safety outcomes in Maryland;
WHEREAS, The Governor’s Office for Crime Prevention and Policy will serve as the agency of designation for State and federal public safety funding that will support innovative programming to improve public safety outcomes and provide resources to law enforcement and victim services; and
WHEREAS, The Governor’s Office for Crime Prevention and Policy will continue to use its data collection and reporting capabilities to inform the public and stakeholders of crime trends developing within their communities and inform policy and program solutions to reverse negative crime trends.
NOW, THEREFORE, I, WES MOORE, GOVERNOR OF THE STATE OF MARYLAND, BY VIRTUE OF THE AUTHORITY VESTED IN ME BY THE CONSTITUTION AND LAWS OF MARYLAND, HEREBY RESCIND EXECUTIVE ORDER 01.01.2020.01 AND PROCLAIM THE FOLLOWING EXECUTIVE ORDER, EFFECTIVE IMMEDIATELY.
A. In this Executive Order, the following terms have the meanings indicated:
(1) “Executive Director” means the Executive Director of the Governor’s Office of Crime Prevention and Policy.
(2) “Fund” means the Children’s Cabinet Interagency Fund.
(3) “Plan” means the three-year plan prepared and annually updated by the Children’s Cabinet.
(4) “Special Secretary” means the Special Secretary of the Governor’s Office for Children.
B. Governor’s Office for Children
(1) The Governor's Office for Children is hereby established as a separate unit within the Executive Department to provide a coordinated, comprehensive, interagency approach to promoting the well-being of children and families through a network of supports, programs and services that is family and child-oriented and reducing the number of children living in poverty.
(2) Special Secretary of the Governor’s Office for Children.
(a) The Governor’s Office for Children shall be managed by the Special Secretary who:
(i) Is responsible for the daily operation and administration of the Governor’s Office for Children;
(ii) Chairs the Children's Cabinet, leading interagency processes to develop and implement coordinated State policies and programs designed to improve the well-being of children and families; and
(iii) Is appointed by and serves at the pleasure of the Governor.
(b) The Special Secretary shall:
(i) Advise the Governor on policies related to the well-being of children and families, including economic mobility;
(ii) Represent the Governor on boards, commissions, and councils as directed by the Governor or as required by law;
(iii) Promote values, policies and practices that continually advance the well-being of Maryland's children and families; and
(iv) Leverage federal initiatives and programs to support Maryland’s children and families.
(3) Staffing. The Governor's Office for Children shall be composed of professional staff appointed by the Special Secretary and by professional staff liaisons from State agencies.
(4) Duties. The Office shall:
(a) Inform and support the work of the Children’s Cabinet;
(b) Promote values, policies and practices that continually advance the well-being of Maryland’s children and families;
(c) Partner with local management boards to plan, coordinate, and monitor the delivery of integrated services along the full continuum of care and oversee the use of Children’s Cabinet Interagency funds in accordance with policies and procedures established by the Children’s Cabinet; and
(d) Assist the Children’s Cabinet in the allocation of any funds assigned to the Children’s Cabinet for distribution as grants to any State agency, local government or organization, local management board or private organization.
(5) All State departments, agencies, commissions, and boards are authorized and directed to cooperate with the Governor’s Office for Children in implementing the provisions of this Executive Order.
C. There is a Children’s Cabinet administered by the Governor’s Office for Children.
(1) Membership and Procedures.
(a) The Children’s Cabinet shall consist of:
(i) The Secretary of Budget and Management;
(ii) The Secretary of Disabilities;
(iii) The Secretary of Health;
(iv) The Secretary of Human Services;
(v) The Secretary of Juvenile Services;
(vi) The State Superintendent of Schools;
(vii) The Secretary of Higher Education;
(viii) The Secretary of Labor;
(ix) The Secretary of Housing and Community Development;
(x) The Secretary of Service and Civic Innovation; and
(xi) The Special Secretary of the Governor’s Office for Children.
(b) The Special Secretary of the Governor’s Office for Children shall serve as Chairperson and be responsible for the administration and operation of the Children’s Cabinet.
(c) The Children’s Cabinet shall meet at the call of the Chairperson, no less than six times per year.
(d) The Governor’s Office for Children shall staff the Children’s Cabinet as necessary.
(2) Duties and Responsibilities. The Children’s Cabinet shall:
(a) Promote the vision of the State for a stable, safe, and healthy environment for children and families, including by:
(i) Coordinating
policies and programs targeting child poverty, including place-based strategies
designed to provide “cradle to career” access to high quality education and
care; connect workers to high quality jobs; enable family-sustaining income and
access to affordable high quality housing, child care and health care, including
reproductive, maternal, behavioral and mental health care; and increase community
health and safety;
(ii) Developing a
cross-agency strategy to increase access to and improve the delivery of services
through federal and State programs designed to support children and families, including
income supports, nutrition, housing, child care and health care programs, including
mental, maternal, and infant health, and substance use programs;
(iii) Working with
the Maryland State Department of Education and the Maryland Accountability and Implementation
Board to ensure successful implementation of the Blueprint for Maryland’s Future;
(iv) Developing a
cross-agency strategy for educator preparation programs to recruit, train, and support
high quality educators;
(v) Developing a
cross-agency strategy to increase access to and improve early care and education;
(vi) Developing a
cross-agency strategy to increase access to and completion of high quality education
and training programs that lead to good jobs;
(vii) Working with
the Departments of Disabilities, Juvenile Services, Human Services, State Department
of Education, and the Higher Education Commission to ensure aligned support for
students with disabilities, and justice and welfare system-involved youth; and
(viii) Working with
the Departments of Health and Human Services to expand access to high quality maternal,
infant, and child health care.
(b) Provide a regular forum for State agencies responsible for implementing the vision of the State to meet and develop coordinated policy recommendations for the Governor; and
(c) Prepare and annually update a three-year Plan that:
(i) Establishes priorities and strategies for the coordinated delivery of State interagency services to children and families;
(ii) Includes best practices for implementation of systems of care that are child centered and family focused, based on individual strengths and needs; and
(iii) Is coordinated with any other approved State plans relating to services for children and families.
(3) Reports. The Children’s Cabinet shall submit the three-year Plan to the Governor on or before December 1, 2024.
D. The Children’s Cabinet Interagency Fund
(1) The Children’s Cabinet may accept federal grants or allocations for the benefit of and to be appropriated, transferred, credited, or paid into the Fund.
(2) The Children’s Cabinet shall review and approve applications for grants from the Fund.
(3) Disbursements from the Fund shall:
(a) Be made to local subdivisions that have local management boards;
(b) Be made to organizations that support and enhance the work of the Children’s Cabinet; and
(c) Reflect the priorities set forth in the 3-year Plan.
(4) The Children’s Cabinet shall ensure that all programs funded by the Fund are implemented in accordance with the three-year Plan and policies and procedures adopted pursuant to this Executive Order.
E. Governor’s Office of Crime Prevention and Policy
(1) The Governor’s Office of Crime Prevention and Policy is hereby established as a separate unit within the Executive Department.
(2) Executive Director.
(a) The Governor’s Office of Crime Prevention and Policy shall be managed by an Executive Director who:
(i) Is responsible for the daily operation and administration of the Governor's Office of Crime Prevention and Policy; and
(ii) Is appointed by and serves at the pleasure of the Governor.
(b) The Executive Director shall:
(i) Advise the Governor on crime prevention and victim services;
(ii) Represent the Governor on boards, commissions, and councils as directed by the Governor or as required by law;
(iii) To promote public safety, crime prevention, and victim services within Maryland, coordinate interagency activities throughout the State and with:
1. Local and federal governments;
2. Local, regional, and federal counterpart organizations;
3. Private nonprofit organizations; and
4. The public;
(iv) Ensure that the State is a full and active partner in federal and State crime control and prevention and victim services grants and programs; and
(v) Leverage federal initiatives and innovations to support Maryland’s public safety, crime prevention and victim services policies.
(3) The Governor’s Office of Crime Prevention and Policy shall be composed of professional staff appointed by the Executive Director and as provided for in the State budget.
(4) The Governor’s Office of Crime Prevention and Policy shall:
(a) Direct and coordinate:
(i) Interagency and intergovernmental public safety, crime prevention, and victim services policies and programs within the State, paying special attention to key linkages between federal, State, regional, subdivision, and local activities; and
(ii) The application, allocation, and use of federal and State funds designated for services to law enforcement, victims and witnesses of crimes, and facilitate the delivery of such services;
(b) Advise and provide recommendations to the Governor:
(i) About policies, strategies, legislation, budgets, and measures to improve public safety, crime prevention, and victim services within the State; and
(ii) To streamline existing committees, commissions, agencies, or departments to prevent redundancy or enhance efficiency;
(c) With the cooperation and collaboration of appropriate State units, prepare a three-year Comprehensive State Crime Prevention Plan, which shall be:
(i) Submitted to the Governor by December 1, 2024; and
(ii) Annually updated;
(d) Serve as the State unit:
(i) Designated as the state administering agency for the United States Departments of Justice and Health and Human Services in the application for, and administration of, federal and State funds for public safety, crime prevention, and victim services programs; and
(ii) Administratively responsible for the preparation, management, and reporting functions with respect to the State plan required by the federal Juvenile Justice and Delinquency Prevention Act;
(e) Assign staff to Maryland’s Juvenile Grant Planning and Review Council as the designated juvenile justice specialist required by federal law and regulations to perform functions that ensure compliance with federal standards for detention of juveniles in secure detention facilities or correctional facilities;
(f) Provide technical assistance for the public safety and crime prevention activities and programs of State and local units of government, private nonprofit organizations, and local communities;
(g) Encourage coordinated local crime prevention plans; and
(h) Perform such additional duties as may be assigned by the Governor.
F. Maryland Statistical Analysis Center.
(1) There is a Maryland Statistical Analysis Center within the Governor’s Office of Crime Prevention and Policy.
(2) The Maryland Statistical Analysis Center shall:
(a) In regards to State and local data on public safety, crime control and prevention, and victim services:
(i) Coordinate its collection and analysis with State and local units of government;
(ii) Ensure its timeliness and accuracy;
(iii) Interpret and utilize such data; and
(iv) Provide and coordinate its sharing with the Federal Bureau of Justice Statistics and other units of federal and state governments;
(b) Produce statistical reports on public safety, crime prevention, and victim services;
(c) Coordinate, and provide to State and local agencies:
(i) Research, technical assistance, and statistics about public safety, crime prevention, and victim services; and
(ii) Appropriate access to federal resources with statistical information about public safety, crime control and prevention, and victim services;
(d) Promote the development of systems that track statistics for public safety, crime prevention, and victim services in Maryland;
(e) Serve as an information center and repository for data and documents about public safety, crime prevention, and victim services programs;
(f) Provide support to the Criminal Justice Information Advisory Board; and
(g) Perform such additional duties as may be assigned by the Governor.
G. Except as otherwise provided by law or this Executive Order, all existing policies and procedures, contracts, property, and other duties and responsibilities associated with the Governor’s Office of Crime Prevention, Youth, and Victim Services established under Executive Order 01.01.2020.01, shall continue in effect under the renamed Governor’s Office of Crime Prevention and Policy, the reestablished Governor’s Office for Children, and the Children’s Cabinet, respectively, unless completed, withdrawn, canceled, or modified or otherwise changed pursuant to law.
H. In any other Executive Order:
(1) “Governor’s Office of Crime Control and Prevention” means the Governor’s Office of Crime Prevention and Policy;
(2) “Executive Director of the Governor’s Office of Crime Control and Prevention” means the Executive Director of the Governor’s Office of Crime Prevention and Policy;
(3) “Governor’s Office of Crime Prevention, Youth, and Victims Services” means the Governor’s Office of Crime Prevention and Policy;
(4) “Executive Director of the Governor’s Office of Crime Prevention, Youth, and Victims Services” means the Executive Director of the Governor’s Office of Crime Prevention and Policy; and
(5) “Executive Director of the Governor’s Office for Children” means the Special Secretary of the Governor’s Office for Children;
I. All units of the State subject to the control and direction of the Governor are authorized and directed to cooperate with, and provide such data and other information as may be allowed by law, to the Executive Director of the Governor’s Office of Crime Prevention and Policy and the Special Secretary of the Governor’s Office for Children for the purpose of implementing the provisions of this Executive Order.
J. This Executive Order may not be construed to alter the designation of, or grant authority to, any unit of State or local government for the purposes of federal law.
K. If any provision of this Executive Order or its application to any person, entity, or circumstance is held invalid by any court of competent jurisdiction, all other provisions or applications of the Executive Order shall remain in effect to the extent possible without the invalid provision or application. To achieve this purpose, the provisions of this Executive Order are severable.
GIVEN Under My Hand and the Great Seal of the State of Maryland, in the City of Annapolis, this 18th Day of January 2024.
WES MOORE
Governor
ATTEST:
SUSAN C. LEE
Secretary of State
[24-03-12]
Reorganization of State
Government
Establishing the Governor’s Office for Children and Governor’s Office of Crime Prevention
and Policy
Submitted to the President of the Senate and the Speaker of the House of Delegates of Maryland
Date: January 18, 2024
AN EXECUTIVE ORDER PURSUANT TO ARTICLE II, SECTION 24 OF THE CONSTITUTION OF MARYLAND
AN EXECUTIVE ORDER concerning
Reorganization of State Government
Establishing the Governor’s Office for Children and Governor’s Office of Crime Prevention and Policy
FOR the purpose of renaming the Governor’s Office of Crime Prevention, Youth, and Victim Services to be the Governor’s Office of Crime Prevention and Policy; renaming the Division of Children and Youth of the Governor’s Office of Crime Prevention, Youth and Victim Services to be the Governor’s Office for Children; providing that the Governor’s Office of Crime Prevention and Policy shall be the successor to the Governor’s Office of Crime Prevention, Youth, and Victim Services; providing that the Governor’s Office for Children shall be the successor to the Division of Children and Youth of the Governor’s Office of Crime Prevention, Youth, and Victim Services; providing that certain employees transferred as a result of this Act shall be transferred without diminution of certain rights, benefits, or employment or retirement status; providing for the continuity of certain transactions affected by or flowing from this Act; providing for the continuity of certain laws, rules, and regulations, standards and guidelines, policies, orders, and other directives, permits and licenses, applications, forms, plans, memberships, contracts, property, investigations, and administrative and judicial responsibilities; providing for appropriate transitional provisions relating to the continuity of certain boards and other units; providing that certain property, records, fixtures, appropriations, credits, assets, liabilities, obligations, rights, and privileges are transferred to the Governor’s Office of Crime Prevention and Policy and the Governor’s Office for Children; providing for the continuity of certain contracts, agreements, grants, or other obligations; requiring the publisher of the Annotated Code of Maryland, in consultation with and subject to the approval of the Department of Legislative Services, to correct any cross-references or terminology rendered incorrect by this Executive Order and to describe any corrections made in an editor’s note following the section affected; and generally relating to the establishment of the Governor’s Office of Crime Prevention and Policy and the Governor’s Office for Children.
BY repealing and reenacting, with amendments
Article - Business Regulation
Section 15-210(a)(1)
Annotated Code of Maryland
(2015 Replacement Volume and 2023 Supplement)
BY repealing and reenacting, with amendments
Article - Correctional Services
Section 3-518(a)(9), 9-603(a)(2)(i), and (j), and (k), 9-614(b)
Annotated Code of Maryland
(2017 Replacement Volume and 2023 Supplement)
BY repealing and reenacting, with amendments
Article - Courts and Judicial Proceedings
Section 3-1510(a)(5) and (h), 10-924(b)(2) and (c)
Annotated Code of Maryland
(2020 Replacement Volume and 2023 Supplement)
BY repealing and reenacting, with amendments
Article - Criminal Procedure
Section 2-404, 10-208(a)(4), 10-209(b) and (e), 11-801(f), 11-804(a), 11-910(d), 11-911, 11-914(6), 11-919(b) and (c)(1), 11-923(c)(1), (d), (e), and (g), 11-926.1(a)(1) and (3)(ii), (b)(1), and (c), 11-927(d)(2)(ix)2., 11-928(a), (c), (d)(1), (e)(1), and (f), 11-934(b)(1), (c)(1) and (3), (d), (e), and (g), 11-1006(c)(1), (d), (e), and (g), 11-1008(b)(3) and (e), 11-1101(c), 11-1102(a) and (b)(4), 12-403(d)(2), 12-601, 12-602(e)(2), (f), and (g)(1)(i) and (2), 17-105(a)
Annotated Code of Maryland
(2018 Replacement Volume and 2023 Supplement)
BY repealing and reenacting, with amendments
Article - Education
Section 8-417(b)(2) and 9.5-203(a)(6)
Annotated Code of Maryland
(2022 Replacement Volume and 2023 Supplement)
BY repealing and reenacting, with amendments
Article - Family Law
Section 4-501(h), 4-503(a)(1), 4-512(a)(5) and (h), 4-515(a)(1) and (c)(2), 5-704.4(a)(3) and (f), 5-1102(a)(3) and 5-1103(a)(3)
Annotated Code of Maryland
(2019 Replacement Volume and 2023 Supplement)
BY repealing and reenacting, with amendments
Article - Health General
Section 5-703(a)(7), 7.5-303(a)(1)(xi) and (xii), 13-1504(a)(1)(ix), 13-4202(a) and (d)(1), 13-4401(a)(1), 13-4502(b)(7), (8), and (9), 13-4803(a)(13), (16), and (17), 15-139(d)(1), 24-904(b)(3)
Annotated Code of Maryland
(2023 Replacement Volume)
BY repealing and reenacting, with amendments
Article - Health Occupations
Section 20-101(l)(2)(ii)
Annotated Code of Maryland
(2019 Replacement Volume and 2023 Supplement)
BY repealing and reenacting, with amendments
Article - Housing and Community Development
Section 4-2103(a)(13)(i)
Annotated Code of Maryland
(2019 Replacement Volume and 2023 Supplement)
BY repealing and reenacting, with amendments
Article - Human Services
Section 1-210(3), 6-604(a)(6), 7-128(12) and (16), 8-101(b), (g) through (s), 8-306(a)(1), 8-402(a)(1), 8-508, 8-704(c) through (e), 8-705, 8-1301(b)(13) through (15), 8-1304(a)(10) through (12), 8-1307
Annotated Code of Maryland
(2019 Replacement Volume and 2023 Supplement)
BY repealing and reenacting, with amendments
Article - Public Safety
Section 1-401(b)(9), 2-315(c)(7), 2-514(a) and (b), 3-207(a)(18), (h), and (k)(2), 3-501.1(c), 3-507(b) through (e), 3-508(a)(4), 3-514(b)(3), 3-522(b)(1) and (3), (c)(2)(ii), (iv) and (3)(i), 3-525(b), (c), (d)(2)(i), (e), (f)(1) and (3), 3-528(c) through (e), 3-530(a) and (c), 4-101(b), 4-401(d), 4-501(e), 4-601(b), 4-701(c), 4-703(f), 4-901(e), 4-903(a), 4-906(c)(2), 4-907(d), 4-1008(2), 4-1009(a) and (c)(1) and (2), 4-1011(c)(1), 4-1012(a)(2) and (d), 4-1101(c), 4-1201, 14-1301(b), 4-1401(b), 4-1502(a), 4-1503(2), 4-1601(d), 5-502(a), (b)(2)(iv), and (f)
Annotated Code of Maryland
(2022 Replacement Volume and 2023 Supplement)
BY repealing and reenacting, with amendments
Article - State Finance and Procurement
Section 2-209(c)(1)(xiii)
Annotated Code of Maryland
(2021 Replacement Volume and 2023 Supplement)
BY repealing and reenacting, with amendments
Article - State Government
Section 2-1261(d), 6-401(d), 6-404(9), 6-406(a), 9-2701(c)(1)(iv), 9-3201(c), 9-3202, 9-3206, 9-3207(e)(2), 9-3209(b)(4), 9-3211(g), 9-3601, 10-1503(b)(22)
Annotated Code of Maryland
(2021 Replacement Volume and 2023 Supplement)
BY adding
Article - State Government
Section 9-3701
Annotated Code of Maryland
(2021 Replacement Volume and 2023 Supplement)
BY repealing and reenacting, with amendments
Article - State Personnel and Pensions
Section 29-304(16), (20), (21), and (22)
Annotated Code of Maryland
(2015 Replacement Volume and 2023 Supplement)
BY repealing and reenacting, with amendments
Article - Transportation
Section 12-206.1(b)(1)(ii) and (e), and 25-113(a)(5) and (f)(1)(iv)
Annotated Code of Maryland
(2020 Replacement Volume and 2023 Supplement)
SECTION 1. BE IT ORDERED BY THE GOVERNOR OF MARYLAND, pursuant to Article II, Section 24, of the Constitution of Maryland, that the Laws of Maryland read as follows:
Article –
Business Regulation
15-210.
(a) (1) The [Governor’s Office of Crime Prevention, Youth, and Victim Services] Governor’s Office of Crime Prevention and Policy and the Department shall approve educational training programs for the accurate and prompt identification and reporting of suspected human trafficking.
Article –
Correctional Services
3-518.
(a) The Management Council consists of the following 15 members:
(9) a representative of the [Governor’s Office of Crime Prevention, Youth, and Victim Services] Governor’s Office of Crime Prevention and Policy, appointed by the Governor;
9-603.
(a) (2) (i) The [Governor’s Office of Crime Prevention, Youth, and Victim Services] Governor’s Office of Crime Prevention and Policy, the Maryland Department of Health, and the Maryland Correctional Administrators Association shall evaluate the implementation of the requirements of this section and determine a schedule to add additional counties, provided that the provisions of this section shall apply to all local detention centers and the Baltimore Pre-trial Complex by January 2023.
(j) On or before November 1, 2020, and annually thereafter, the [Governor’s Office of Crime Prevention, Youth, and Victim Services] Governor’s Office of Crime Prevention and Policy shall report data from individual local correctional facilities to the General Assembly, in accordance with § 2-1257 of the State Government Article, on:
(1) the number of incarcerated individuals diagnosed with:
(i) a mental health disorder;
(ii) an opioid use disorder;
(iii) a non-opioid substance use disorder; and
(iv) a dual diagnosis of mental health and substance use disorder;
(2) the number and cost of assessments for incarcerated individuals in local correctional facilities, including the number of unique incarcerated individuals examined;
(3) the number of incarcerated individuals who were receiving medication or medication–assisted treatment for opioid use disorder immediately prior to incarceration;
(4) the type and prevalence of medication or medication–assisted treatments for opioid use disorder provided;
(5) the number of incarcerated individuals diagnosed with opioid use disorder;
(6) the number of incarcerated individuals for whom medication and medication–assisted treatment for opioid use disorder was prescribed;
(7) the number of incarcerated individuals for whom medication and medication–assisted treatment was prescribed and initiated for opioid use disorder;
(8) the number of medications and medication–assisted treatments for opioid use disorder provided according to each type of medication and medication– assisted treatment options;
(9) the number of incarcerated individuals who continued to receive the same medication or medication–assisted treatment for opioid use disorder as the incarcerated individual received prior to incarceration;
(10) the number of incarcerated individuals who received a different medication or medication–assisted treatment for opioid use disorder compared to what the incarcerated individual received prior to incarceration;
(11) the number of incarcerated individuals who initiated treatment with medication or medication–assisted treatment for opioid use disorder who were not being treated for opioid use disorder prior to incarceration;
(12) the number of incarcerated individuals who discontinued medication or medication–assisted treatment for opioid use disorder during incarceration;
(13) a review and summary of the percent of days, including the average percent, median percent, mode percent, and interquartile range of percent, for incarcerated individuals with opioid use disorder receiving medication or medication–assisted treatment for opioid use disorder as calculated overall and stratified by other factors, such as type of treatment received;
(14) the number of incarcerated individuals receiving medication or medication–assisted treatment for opioid use disorder prior to release;
(15) the number of incarcerated individuals receiving medication or medication–assisted treatment prior to release for whom the facility had made a prerelease reentry plan;
(16) a review and summary of practices related to medication and medication–assisted treatment for opioid use disorder for incarcerated individuals with opioid use disorder before October 1, 2019;
(17) a review and summary of prerelease planning practices relative to incarcerated individuals diagnosed with opioid use disorder prior to, and following, October 1, 2019; and
(18) any other information requested by the Maryland Department of Health related to the administration of the provisions under this section.
(k) Any behavioral health assessment, evaluation, treatment recommendation, or course of treatment shall be reported to the [Governor’s Office of Crime Prevention, Youth, and Victim Services] Governor’s Office of Crime Prevention and Policy and also include any other data necessary to meet reporting requirements under this section.
9-614.
(b) (1) On or before December 31 each year, each correctional unit shall submit data to the [Governor’s Office of Crime Prevention, Youth, and Victim Services] Governor’s Office of Crime Prevention and Policy showing, by correctional unit:
(i) the total population of the correctional unit;
(ii) the number of incarcerated individuals who have been placed in restrictive housing during the preceding year by age, race, gender, classification of housing, and the basis for the incarcerated individual’s placement in restrictive housing;
(iii) the number of incarcerated individuals with serious mental illness that were placed in restrictive housing during the preceding year;
(iv) the definition of “serious mental illness” used by the correctional unit in making the report;
(v) the number of incarcerated individuals known to be pregnant when placed in restrictive housing during the preceding year;
(vi) the average and median lengths of stay in restrictive housing of the incarcerated individuals placed in restrictive housing during the preceding year;
(vii) the number of incidents of death, self–harm, and attempts at self–harm by incarcerated individuals in restrictive housing during the preceding year;
(viii) the number of incarcerated individuals released from restrictive housing directly into the community during the preceding year;
(ix) any other data the correctional unit considers relevant to the use of restrictive housing by correctional facilities in the State; and
(x) any changes to written policies or procedures at each correctional unit relating to the use and conditions of restrictive housing, including steps to reduce reliance on restrictive housing.
(2) The [Governor’s Office of Crime Prevention, Youth, and Victim Services] Governor’s Office of Crime Prevention and Policy shall make the information submitted in accordance with paragraph (1) of this subsection available on its website and, when the information has been received from every correctional unit in accordance with paragraph (1) of this subsection, promptly submit the information in a report to the General Assembly, in accordance with § 2-1257 of the State Government Article.
Article –
Courts and Judicial Proceedings
3-1510.
(a) (5) “Victim services provider” means a nonprofit or governmental organization that has been authorized by the [Governor’s Office of Crime Prevention, Youth, and Victim Services] Governor’s Office of Crime Prevention and Policy to have online access to records of shielded peace orders in order to assist victims of abuse.
(h) The [Governor’s Office of Crime Prevention, Youth, and Victim Services] Governor’s Office of Crime Prevention and Policy, in consultation with the Maryland Judiciary, may adopt regulations governing online access to shielded records by a victim services provider.
10-924.
(b) (2) A State’s Attorney shall report any information recorded under paragraph (1) of this subsection to the [Governor’s Office of Crime Prevention, Youth, and Victim Services] Governor’s Office of Crime Prevention and Policy.
(c) (1) The [Governor’s Office of Crime Prevention, Youth, and Victim Services] Governor’s Office of Crime Prevention and Policy shall securely store and maintain the information reported under subsection (b)(2) of this section.
(2) The [Governor’s Office of Crime Prevention, Youth, and Victim Services] Governor’s Office of Crime Prevention and Policy may disclose the information stored and maintained under paragraph (1) of this subsection only to:
(i) A State’s Attorney, or a State’s Attorney’s designee;
(ii) The Attorney General, or the Attorney General’s designee; and
(iii) The State Prosecutor, or the State Prosecutor’s designee.
Article –
Criminal Procedure
2-404.
On or before December 31, 2009, and annually thereafter, the [Governor’s Office of Crime Prevention, Youth, and Victim Services] Governor’s Office of Crime Prevention and Policy shall report to the House Judiciary Committee and the Senate Judicial Proceedings Committee, in accordance with § 2-1257 of the State Government Article on the progress of jurisdictions and the Department of State Police in establishing interrogation rooms capable of creating audiovisual recordings of custodial interrogations.
10-208.
(a) (4) the Executive Director of the [Governor’s Office of Crime Prevention,
Youth, and Victim Services] Governor’s Office of
Crime Prevention and Policy;
10-209.
(b) The Executive Director of the [Governor’s Office of Crime Prevention, Youth, and Victim Services] Governor’s Office of Crime Prevention and Policy, the Attorney General, and the Director of the Maryland Justice Analysis Center of the Department of Criminology and Criminal Justice of the University of Maryland shall serve on the Advisory Board as ex officio members.
(e) Subject to the approval of the head of the appropriate unit, the Advisory Board may use the staff and facilities of the Department, the Administrative Office of the Courts, and the [Governor’s Office of Crime Prevention, Youth, and Victim Services] Governor’s Office of Crime Prevention and Policy in the performance of its functions.
11-801.
(f) “Executive Director” means the
Executive Director of the [Governor’s
Office of Crime Prevention, Youth, and Victim Services] Governor’s Office of
Crime Prevention and Policy.
11-804.
(a) There is a Criminal Injuries
Compensation Board in the [Governor’s
Office of Crime Prevention, Youth, and Victim Services] Governor’s Office of
Crime Prevention and Policy.
11-910.
(d) “Executive Director” means the
Executive Director of the [Governor’s
Office of Crime Prevention, Youth, and Victim Services] Governor’s Office of
Crime Prevention and Policy.
11-911.
There is a State Board of Victim Services
in the [Governor’s Office of
Crime Prevention, Youth, and Victim Services] Governor’s Office of
Crime Prevention and Policy.
11-914.
Subject to the authority of the Executive Director, the Board shall:
(6) approve or disapprove each grant
application submitted by the [Governor’s
Office of Crime Prevention, Youth, and Victim Services] Governor’s Office of
Crime Prevention and Policy;
11-919.
(b) The [Governor’s Office of Crime Prevention, Youth, and Victim Services] Governor’s
Office of Crime Prevention and Policy shall:
(1) adopt regulations for the administration and award of grants under Part II of this subtitle; and
(2) submit all approved grant applications to the Board.
(c) The Board shall:
(1) approve each grant application received by the [Governor’s Office of Crime Prevention, Youth, and Victim Services] Governor’s Office of Crime Prevention and Policy before any money is released from the Fund;
11-923.
(c) (1) The [Governor’s Office of Crime Prevention, Youth, and Victim Services] Governor’s Office of Crime Prevention and Policy shall help establish sexual assault crisis programs in the State.
(d) The [Governor’s Office of Crime Prevention, Youth, and Victim Services] Governor’s Office of Crime Prevention and Policy may award grants to public or private nonprofit organizations to operate the sexual assault crisis programs certified by the federally recognized State sexual assault coalition.
(e) The [Governor’s Office of Crime Prevention, Youth, and Victim Services] Governor’s Office of Crime Prevention and Policy shall regularly consult, collaborate with, and consider the recommendations of the federally recognized State sexual assault coalition regarding sexual assault crisis programs and policies, practices, and procedures that impact victims of sexual assault.
(g) The Executive Director of the [Governor’s Office of Crime Prevention, Youth, and Victim Services] Governor’s Office of Crime Prevention and Policy shall include a report on the sexual assault crisis programs in the annual report submitted by the [Governor’s Office of Crime Prevention, Youth, and Victim Services] Governor’s Office of Crime Prevention and Policy to the General Assembly, in accordance with § 2-1257 of the State Government Article.
11-926.1.
(a) (1) The [Governor’s Office of Crime Prevention, Youth, and Victim Services] Governor’s Office of Crime Prevention and Policy shall establish and administer a reporting program for tracking the location, status, and chain of custody for sexual assault evidence collection kits.
(3) (ii) [Governor’s Office of Crime Prevention, Youth, and Victim Services] Governor’s Office of Crime Prevention and Policy may disclose information contained in the reporting system only to:
1. the victim about whom the information pertains;
2. a victim’s representative for the victim about whom the information pertains;
3. a sexual assault crisis program established under § 11–923 of this subtitle;
4. a child advocacy center established under § 11–928 of this subtitle
5. a law enforcement agency;
6. a State’s Attorney;
7. a person authorized by the [Governor’s Office of Crime Prevention, Youth, and Victim Services] Governor’s Office of Crime Prevention and Policy to receive the information; or
8. a person entitled to receive the information by federal or State law, subpoena, court rule, or court order.
(b) (1) Subject to paragraph (2) of this subsection, beginning October 1, 2023, a law enforcement agency or any person, including a health care provider, forensic laboratory, or State’s Attorney, that has control or possession of a sexual assault evidence collection kit shall:
(i) report location, status, and chain of custody information to the reporting program established under this section in a manner required by the [Governor’s Office of Crime Prevention, Youth, and Victim Services] Governor’s Office of Crime Prevention and Policy; and
(ii) comply with all regulations developed by the [Governor’s Office of Crime Prevention, Youth, and Victim Services] Governor’s Office of Crime Prevention and Policy under this section.
(c) (1) [Governor’s Office of Crime Prevention, Youth, and Victim Services] Governor’s Office of Crime Prevention and Policy, in consultation with the Maryland Sexual Assault Evidence Kit Policy and Funding Committee, shall adopt any regulations necessary to carry out this section.
(2) Regulations adopted by the [Governor’s Office of Crime Prevention,
Youth, and Victim Services] Governor’s Office of
Crime Prevention and Policy in accordance
with this section shall include:
(i) requirements for reporting the location and chain of custody of a sexual assault evidence collection kit to the program established by the [Governor’s Office of Crime Prevention, Youth, and Victim Services] Governor’s Office of Crime Prevention and Policy under this section; and
(ii) procedures for disclosing information about sexual assault evidence collection kits included in the reporting program, including disclosure to parties authorized to receive information contained in the reporting system.
11-927.
(d) (2) The Committee consists of the following members:
(ix) the following members appointed by the Governor:
2. one representative of the [Governor’s Office of Crime Prevention,
Youth, and Victim Services] Governor’s Office of
Crime Prevention and Policy.
11-928.
(a) The [Governor’s Office of Crime Prevention, Youth, and Victim Services] Governor’s Office of Crime Prevention and Policy shall establish and sustain child advocacy centers in the State and ensure that every child in the State has access to a child advocacy center.
(c) The [Governor’s Office of Crime Prevention, Youth, and Victim Services] Governor’s Office of Crime Prevention and Policy may contract with public or private nonprofit organizations to operate child advocacy centers.
(d) (1) The [Governor’s Office of Crime Prevention, Youth, and Victim Services] Governor’s
Office of Crime Prevention and Policy shall contract with a nonprofit organization that is
qualified under § 501(c)(3) of the Internal Revenue Code and represents urban, rural, and suburban child advocacy
centers in the State to establish a Maryland Statewide Organization for Child
Advocacy Centers.
(e) Money for child advocacy centers:
(1) shall be distributed to child advocacy centers in accordance with a formula agreed on by the Maryland Statewide Organization for Child Advocacy Centers and the [Governor’s Office of Crime Prevention, Youth, and Victim Services] Governor’s Office of Crime Prevention and Policy;
(f) On or before June 1 each year, the [Governor’s Office of Crime Prevention,
Youth, and Victim Services] Governor’s Office of
Crime Prevention and Policy shall submit
an annual report, in accordance with § 2-1257 of the State Government
Article, on child advocacy centers to the General
Assembly.
11-934.
(b) (1) The [Governor’s Office of Crime Prevention, Youth, and Victim Services] Governor’s Office of Crime Prevention and Policy shall help support programs providing services for victims of crime throughout the State.
(c) (1) The [Governor’s Office of Crime Prevention, Youth, and Victim Services] Governor’s Office of Crime Prevention and Policy may award grants to public or private nonprofit organizations to operate the victim services programs.
(3) The [Governor’s Office of Crime Prevention, Youth, and Victim Services] Governor’s
Office of Crime Prevention and Policy:
(i) may not require victim services programs to provide a match for State funds expended; and
(ii) shall ensure that State funds awarded under this section:
1. are administered in a unified process with federal Victims of Crime Act Funds, with separate financial reporting as necessary to comply with federal and State regulations;
2. may be used as a match for federal Victims of Crime Act funds; and
3. may not be used for capital projects or capital programming of any kind.
(d) The [Governor’s Office of Crime Prevention, Youth, and Victim Services] Governor’s Office of Crime Prevention and Policy shall regularly consult, collaborate with, and consider the recommendations regarding allocation of funding from:
(1) the federally recognized State sexual assault coalition;
(2) the federally recognized State domestic violence coalition;
(3) the State alliance of child advocacy centers;
(4) State’s Attorneys’ offices;
(5) health care providers assisting victims of crime;
(6) civil legal services organizations assisting victims of crime; and
(7) representatives of organizations providing services to survivors of child abuse, elder abuse, human trafficking, homicide, or other victims of crime.
(e) The [Governor’s Office of Crime Prevention, Youth, and Victim Services] Governor’s Office of Crime Prevention and Policy shall prioritize continuity and stability of crime victim services and equitable distribution of funding in every jurisdiction in the State.
(g) On or before December 31 each year, the Executive Director of the [Governor’s Office of Crime Prevention, Youth, and Victim Services] Governor’s Office of Crime Prevention and Policy shall submit a report on all victim services programs and grantees and funds awarded under this section to the General Assembly, in accordance with § 2-1257 of the State Government Article.
11-1006.
(c) (1) The [Governor’s Office of Crime Prevention, Youth, and Victim Services] Governor’s Office of Crime Prevention and Policy shall help establish and expand programs for survivors of homicide victims in the State.
(d) The [Governor’s Office of Crime Prevention, Youth, and Victim Services] Governor’s Office of Crime Prevention and Policy shall award grants to public or private nonprofit organizations to operate the programs for survivors of homicide victims.
(e) The [Governor’s Office of Crime Prevention, Youth, and Victim Services] Governor’s Office of Crime Prevention and Policy regularly shall consult, collaborate with, and consider the recommendations of service providers to survivors of homicide victims regarding programs, policies, practices, and procedures that impact survivors of homicide victims.
(g) On or before October 1 each year, the Executive Director of the [Governor’s Office of Crime Prevention, Youth, and Victim Services] Governor’s Office of Crime Prevention and Policy shall include a report on the programs for survivors of homicide victims in the annual report submitted by the [Governor’s Office of Crime Prevention, Youth, and Victim Services] Governor’s Office of Crime Prevention and Policy to the General Assembly, in accordance with § 2-1257 of the State Government Article.
11-1008.
(b) (3) The [Governor’s Office of Crime Prevention, Youth, and Victim Services] Governor’s
Office of Crime Prevention and Policy shall administer the program.
(e) On or before December 1, 2022, and
every 2 years thereafter, the [Governor’s
Office of Crime Prevention, Youth, and Victim Services] Governor’s Office of
Crime Prevention and Policy shall report
to the Governor and, in accordance with § 2-1257 of the State Government
Article, the General Assembly on the operation and
results of the program during the immediately preceding 2-year period,
including:
(1) the number of patients that qualified to receive postexposure prophylaxis under the program;
(2) the number of patients that chose to receive postexposure prophylaxis;
(3) the total amount reimbursed to providers for the postexposure prophylaxis; and
(4) the cost of the postexposure prophylaxis treatment and follow-up care provided under the program.
11-1101.
(c) “Executive Director” means the
Executive Director of the [Governor’s
Office of Crime Prevention, Youth, and Victim Services] Governor’s Office of
Crime Prevention and Policy.
11-1102.
(a) There is a Victim Services Unit in
the [Governor’s Office of
Crime Prevention, Youth, and Victim Services] Governor’s Office of
Crime Prevention and Policy.
(b) The Unit consists of:
(4) any other program that provides victim services under the [Governor’s Office of Crime Prevention, Youth, and Victim Services] Governor’s Office of Crime Prevention and Policy that the Executive Director determines would benefit from inclusion under the Unit.
12-403.
(d) Except as otherwise provided under federal law, a law enforcement unit other than a State law enforcement unit that participated with a State law enforcement unit in seizing property forfeited under this section:
(2) may ask the [Governor’s Office of Crime Prevention,
Youth, and Victim Services] Governor’s Office of
Crime Prevention and Policy to determine
its share.
12-601.
In this subtitle, “MSAC” means the Maryland Statistical Analysis Center of the [Governor’s Office of Crime Prevention, Youth, and Victim Services] Governor’s Office of Crime Prevention and Policy.
12-602.
(e) (2) The [Governor’s Office of Crime Prevention, Youth, and Victim Services] Governor’s
Office of Crime Prevention and Policy shall submit the aggregate report to the Governor, the
General Assembly, as provided in § 2-1257 of the State Government
Article, and each seizing authority before September
1 of each year.
(f) (1) The [Governor’s Office of Crime Prevention, Youth, and Victim Services] Governor’s Office of Crime Prevention and Policy shall include in the aggregate report the total amount from forfeitures deposited in the General Fund of the State under § 12-405 of this title that were appropriated to the Maryland Department of Health for the purpose of funding drug treatment and education programs and how the funds were spent.
(2) The [Governor’s Office of Crime Prevention, Youth, and Victim Services] Governor’s Office of Crime Prevention and Policy may include, with the aggregate report of MSAC, recommendations to the legislature to improve forfeiture statutes to better ensure that forfeiture proceedings are reported and handled in a manner that is fair to crime victims, innocent property owners, secured interest holders, citizens, and taxpayers.
(g) (1) If a seizing authority fails to comply with the reporting provisions of this section:
(i) The [Governor’s Office of Crime Prevention, Youth, and Victim Services] Governor’s Office of Crime Prevention and Policy shall report the noncompliance to the Police Training and Standards Commission; and
(2) If the seizing authority fails to comply with the required reporting provisions within 30 days after being contacted by the Police Training and Standards Commission, the [Governor’s Office of Crime Prevention, Youth, and Victim Services] Governor’s Office of Crime Prevention and Policy and the Police Training and Standards Commission jointly shall report the noncompliance to the Governor and the Legislative Policy Committee of the General Assembly.
17-105.
(a) On or before June 1 annually, the [Governor’s Office of Crime Prevention, Youth, and Victim Services] Governor’s Office of Crime Prevention and Policy shall submit a publicly available report to the Governor and, in accordance with § 2-1257 of the State Government Article, the General Assembly, that shall include, for the preceding calendar year:
(1) the number of requests for FGGS made, broken down by number of requests made by prosecutors, pretrial defendants, and postconviction defendants;
(2) the number of times FGGS was granted and the basis of each grant or denial;
(3) the number of putative perpetrators identified through FGGS;
(4) the number of covert collections of reference samples from putative perpetrators, a description of the methods used during the covert collection, the time period needed to perform the covert collection, any complaints from individuals subject to surveillance during the covert collections, and any complaints or suggestions from judges supervising the covert collections;
(5) an evaluation of the “pursued reasonable investigative leads” requirement in accordance with § 17–102(b)(4) of this title, including scientific, public, and nonforensic;
(6) the costs of the FGGS procedures;
(7) the race and age of those identified as putative perpetrators;
(8) the number of times a third party reference sample was requested and collected, and the race and age of the third parties;
(9) the number of requests made by defendants and postconviction lawyers; and
(10) the outcome of each authorized search, including whether the search resulted in an arrest or a conviction for the target offense.
Article –
Education
8-417.
(b) (2) The Department of Human Services, the Department of Juvenile Services, the Department of Budget and Management, the Maryland Department of Health, and the [Governor’s Office of Crime Prevention, Youth, and Victim Services] Governor’s Office for Children shall participate with the Department in the development and implementation of rates in programs licensed or approved by those agencies to the extent required by federal and State law.
9.5-203.
(a) The Council consists of the following members:
(6) The [Executive Director of the Governor’s Office of Crime Prevention, Youth, and Victim Services] Special Secretary of the Governor’s Office for Children, or the [Executive Director’s] Special Secretary’s designee;
Article –
Family Law
4-501.
(h) “Executive Director” means the
Executive Director of the [Governor’s
Office of Crime Prevention, Youth, and Victim Services] Governor’s Office of
Crime Prevention and Policy.
4-503.
(a) A law enforcement
officer who responds to a request for help under § 4-502 of this Part I of this subtitle shall give the victim a written
notice that:
(1) includes the telephone number of a local domestic violence program that receives funding from the [Governor’s Office of Crime Prevention, Youth, and Victim Services] Governor’s Office of Crime Prevention and Policy; and
4-512.
(a) (5) “Victim services provider” means a nonprofit or governmental organization that has been authorized by the [Governor’s Office of Crime Prevention, Youth, and Victim Services] Governor’s Office of Crime Prevention and Policy to have online access to records of shielded protective orders in order to assist victims of abuse.
(h) The [Governor’s Office of Crime Prevention, Youth, and Victim Services] Governor’s Office of Crime Prevention and Policy, in consultation with the Maryland Judiciary, may adopt regulations governing online access to shielded records by a victim services provider.
4-515.
(a) (1) The Executive Director shall establish a program in the [Governor’s Office of Crime Prevention, Youth, and Victim Services] Governor’s Office of Crime Prevention and Policy to help victims of domestic violence and their children.
(c) Any program established under this section shall be subject to the following conditions:
(2) the [Governor’s Office of Crime Prevention, Youth, and Victim Services] Governor’s
Office of Crime Prevention and Policy shall:
(i) supervise the program;
(ii) set standards of care and admission policies;
(iii) monitor the operation of the program and annually evaluate the effectiveness of the program;
(iv) adopt rules and regulations that set fees for services at and govern the operation of each program; and
5-704.4.
(a) (3) “Executive Director” means the
Executive Director of the [Governor’s
Office of Crime Prevention, Youth, and Victim Services] Governor’s Office of
Crime Prevention and Policy.
(f) Notwithstanding any appropriation
made under subsection (h) of this section, not later than October 1, 2019, the [Governor’s Office of Crime Prevention,
Youth, and Victim Services] Governor’s Office of
Crime Prevention and Policy shall provide
grant funding for services provided by the Safe Harbor Regional Navigator Grant
Program.
5-1102.
(a) All proposals for funding received under this subtitle designed to address the prevention of child physical or sexual abuse shall be reviewed by a selection committee composed of the following members:
(3) The [Deputy Director of the Division of Children and Youth of the Governor’s Office of Crime Prevention, Youth, and Victim Services] Special Secretary of the Governor’s Office for Children who shall serve as the chair[man] of the committee.
5-1103.
(a) All proposals for funding received under this subtitle designed to address the prevention of child alcohol and drug abuse shall be reviewed by a selection committee composed of the following members:
(3) the [Deputy Director of the Division of Children and Youth of the
Governor’s Office of Crime Prevention, Youth, and Victim Services] Special Secretary of the Governor’s Office for
Children who shall serve as chair[man] of the committee.
Article –
Health – General
5-703.
(a) The State Team shall be a multidisciplinary and multiagency review team, composed of at least 25 members, including:
(7) The [Deputy Director of the Division of Children and Youth of the
Governor’s Office of Crime Prevention, Youth, and Victim Services] Special Secretary of the Governor’s Office for
Children or
the [Deputy Director’s] Special Secretary’s designee;
7.5-303.
(a) (1) The Council consists of the following members:
(xi) The [Deputy Director of the Division of Children and Youth of the
Governor’s Office of Crime Prevention, Youth, and Victim Services] Special Secretary of the Governor’s Office for
Children, or the [Deputy Director’s] Special Secretary’s designee;
(xii) The Executive Director of the [Governor’s Office of Crime Prevention, Youth, and Victim Services] Governor’s Office of Crime Prevention and Policy, or the Executive Director’s designee;
13-1504.
(a) (1) The Advisory Council shall be composed of 19 members as follows:
(ix) The [Executive Director of the Governor’s Office of Crime Prevention, Youth, and Victim Services] Special Secretary of the Governor’s Office for Children, or the [Executive Director’s] Special Secretary’s designee;
13-4202.
(a) There is a Maryland Behavioral Health and Public Safety Center of Excellence in the [Governor’s Office of Crime Prevention, Youth, and Victim Services] Governor’s Office of Crime Prevention and Policy.
(d) (1) The [Governor’s Office of Crime Prevention, Youth, and Victim Services] Governor’s Office of Crime Prevention and Policy shall appoint the following individuals to jointly oversee the Center:
(i) A crisis intervention law enforcement coordinator;
(ii) A mental health coordinator; and
(iii) Any other individuals determined necessary by the Office.
(2) The individuals appointed under paragraph (1) of this subsection may be associated with the Crisis Intervention Team Center of Excellence within the [Governor’s Office of Crime Prevention, Youth, and Victim Services] Governor’s Office of Crime Prevention and Policy.
13-4401.
(a) The Natalie M. LaPrade Medical Cannabis Commission, in consultation with the Department, the Behavioral Health Administration, the [Governor’s Office of Crime Prevention, Youth, and Victim Services] Governor’s Office of Crime Prevention and Policy, the Maryland Poison Center, the State’s designated Health Information Exchange, and the Maryland Hospital Association, shall conduct, or contract with an institution of higher education or a private research entity to conduct, a comprehensive baseline study of cannabis use in the State that includes a survey of:
(1) Patterns of use, including frequency of use and dosing, methods of consumption, and general perceptions of cannabis among:
(i) Individuals under the age of 18 years;
(ii) Individuals at least 18 years old and under the age of 21 years;
(iii) Individuals at least 21 years old and under the age of 55 years;
(iv) Individuals at least 55 years old;
(v) Pregnant women; and
(vi) Breastfeeding women;
13-4502.
(b) The Advisory Council consists of the following members:
(7) The State Superintendent of Schools, or the Superintendent’s
designee; [and]
(8) The Executive Director of the
Governor’s Office of Crime Prevention and Policy, or the Executive Director’s
Designee; and
(9) The following members appointed by the Governor:
(i) [One representative from the Governor’s Office of Crime Prevention, Youth, and Victim Services;
(ii)] One representative from a historically black college or
university;
[(iii)] (ii) One health care provider with
experience in cannabis;
[(iv)] (iii) One pharmacist licensed in the
State;
[(v)] (iv) One health care provider with
expertise in substance use disorder treatment and recovery;
[(vi)] (v) One individual with expertise in
cannabis use disorder;
[(vii)] (vi) One academic researcher with
expertise in cannabis law and policy;
[(viii)] (vii) One individual with at least 5
years of experience in health or social equity;
[(ix)] (viii) One public health professional
with cannabis experience; and
[(x)] (ix) One representative of a laboratory that tests cannabis.
13-4803.
(a) The Commission consists of the following members:
(13) The Executive Director of the [Governor’s Office of Crime Prevention, Youth, and Victim Services] Governor’s Office of Crime Prevention and Policy or the Executive Director’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; and
[(17)] (18) 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;
15-139.
(d) (1) The [Governor’s Office of Crime Prevention, Youth, and Victim Services] Governor’s Office for Children shall adopt regulations to carry out the provisions of subsection (c)(2) of this section.
24-904.
(b) The Standing Advisory Committee shall consist of:
(3) One representative from law enforcement, nominated by the Executive Director of the [Governor’s Office of Crime Prevention, Youth, and Victim Services] Governor’s Office of Crime Prevention and Policy;
Article –
Health Occupations
20-101.
(l) (2) “Residential child care program” includes a program:
(ii) That is subject to the licensing requirements of the [Governor’s Office of Crime Prevention, Youth, and Victim Services] Governor’s Office for Children governing the operations of residential child care programs.
Article –
Housing & Community Development
4-2103.
(a) The Council consists of the following members:
(13) the following members, appointed by the Governor:
(i) one representative of the [Division of Children and Youth of the Governor’s Office of Crime Prevention, Youth, and Victim Services] Governor’s Office for Children;
Article – Human Services
1-210.
Notwithstanding any other State law and except as provided in § 1-211 of this subtitle, on written request, a public agency shall disclose information and records on children, youth, and families served by that agency to:
(3) the [Division of Children and Youth of the Governor’s Office of Crime Prevention, Youth, and Victim Services] Governor’s Office for Children.
6-604.
(a) The Commission consists of the following 18 members appointed by the Governor:
(6) the [Executive Director of the Governor’s Office of Crime Prevention, Youth, and Victim Services] Special Secretary of the Governor’s Office for Children or the [Executive Director’s] Special Secretary’s designee;
7-128.
The Board consists of the following members:
(12) the [Deputy Director of the Division of Children and Youth of the Governor’s Office of Crime Prevention, Youth, and Victim Services] Special Secretary of the Governor’s Office for Children, or the [Deputy Director’s] Special Secretary’s designee;
(16) the Executive Director of the [Governor’s Office of Crime Prevention, Youth, and Victim Services] Governor’s Office of Crime Prevention and Policy, or the Executive Director’s designee; and
8-101.
(b) “Agencies of the Children’s Cabinet” includes:
(1) the Department of Budget and Management;
(2) the Department of Disabilities;
(3) the Department of Health;
(4) the Department of Housing and Community Development;
[(4)] (5) the Department of Human Services;
[(5)] (6) the Department of Juvenile Services; [and]
[(6)] (7) the Department of Labor;
(8) the Department of Service
and Civic Innovation;
(9) the State Department of Education;
(10) the Higher Education
Commission; and
(11) the Governor’s Office
for Children.
(g) [“Deputy Director” means the Deputy Director of the Division of Children and Youth of the Governor’s Office of Crime Prevention, Youth, and Victim Services.
(h) “Division” means the Division of Children and Youth of the Governor’s Office of Crime Prevention, Youth, and Victim Services.
(i)] “Evidence-based” means meeting the criteria for an evidence-based early childhood home visiting service delivery model as defined by the federal Department of Health and Human Services.
[(j) “Executive Director” means the Executive Director of the Governor's Office of Crime Prevention, Youth, and Victim Services.
(k)] (h) (1) “Family” means an eligible child's natural, adoptive, or foster parents.
[(l)] (i)(1) “Home visiting program” means a program or initiative that:
(i) contains home visiting as a primary service delivery strategy;
[(m)] (j) “Hospital” has the meaning stated in § 19-301 of the Health--General Article.
[(n)] (k) “Local behavioral health authority” has the meaning stated in § 7.5-101 of the Health--General Article.
[(o)] (l) “Local management board” means an entity established or designated by a county under Subtitle 3 of this title to ensure the implementation of a local, interagency service delivery system for children, youth, and families.
[(p)] (m) “Office” means the [Governor’s Office of Crime Prevention, Youth, and Victim Services] Governor’s Office for Children.
[(q)] (n) “Promising” means a home visiting program or practice that:
(1) does not yet meet the standard for evidence-based practices; and
[(r)] (o) “Public agency” means a State or local government unit or a quasi-governmental entity.
[(s)] (p) (1) “Residential child care program” means an entity that provides 24-hour per day care for children within a structured set of services and activities that are designed to achieve specific objectives relative to the needs of the children served and that include the provision of food, clothing, shelter, education, social services, health, mental health, recreation, or any combination of these services and activities.
(q) “Special Secretary” means the Special Secretary of the Governor’s
Office for Children.
8-306.
(a) On or before January 1, 2018, the Prince George’s County Local Management Board shall:
(1) develop and implement a strategic plan to raise revenues to match the total funding provided by the [Governor’s Office of Crime Prevention, Youth, and Victim Services] Governor’s Office for Children; and
8-402.
(a) The Council consists of the following members:
(1) the [Deputy Director of the Division of Children and Youth of the Governor’s Office of Crime Prevention, Youth, and Victim Services] Special Secretary of the Governor’s Office for Children, or the [Deputy Director’s] Special Secretary’s designee;
8-508.
The [Governor’s Office of Crime Prevention, Youth, and Victim Services] Governor’s Office for Children is the fiscal agent for the Fund.
8-703.
(c) On or before July 1 of each year, the [Office] Department of Human Services shall develop the Plan in consultation with the agencies, providers, counties, child advocates, consumers, and other State unit, entity, or person that the [Office] Department identifies as having relevant information that is interested in the development of the Plan.
(d) The Plan shall:
(1) provide a framework for the [Office] Department and the agencies to procure residential child care program services that meet the needs identified in the Plan;
(2) provide the following information
on residential child care programs:
(i) the county where each program is operated;
(ii) the provider for each program;
(iii) the actual capacity and utilization rate for each program;
(iv) the ages of the children in each program;
(v) the county where each child in a program lived at the time the child entered out-of-home placement;
(vi) the services children require and a description of how those services are being provided;
(vii) the agency that placed children in each program; and
(viii) any other information the [Office] Department or the agencies, providers, or counties consider relevant;
(e) On or before January 1 of each year, the [Office] Department shall report to the Governor and, in accordance with § 2-1257 of the State Government Article, the Senate Finance Committee and the House Health and Government Operations Committee on the Plan's findings and recommendations.
8-705.
The [Office] Department of Human Services shall provide a sample contract that includes an example of the provisions required under § 8-704 of this subtitle to each potential provider interested in becoming licensed to operate a residential child care program.
8-1301.
(b) “Agency” includes:
(13) the Department of Transportation; and
(14) the Department of Aging[;].
[(15) the Governor’s Office of Crime Prevention, Youth, and Victim
Services.]
8-1304.
(a) The Commission consists of the following members:
(10) [the Executive Director of the Office, or the Executive Director’s designee;
(11)] the Executive Director of the State Council on Child Abuse and
Neglect, or the Executive Director's designee; and
[(12)] (11) the following members, appointed
by the Governor:
(i) two licensed mental health clinicians with expertise in trauma, including demonstrated experience and training in child and adolescent care and family care;
(ii) one licensed geriatric mental health clinician with expertise in trauma;
(iii) two members of the research community with expertise in trauma;
(iv) six representatives from community organizations, nonprofit organizations, or youth organizations with an expertise in trauma;
(v) one representative of the Office of Child Care Advisory Council;
(vi) one representative of the Maryland Network Against Domestic Violence;
(vii) one representative of an urban municipal government with expertise in trauma;
(viii) one representative of a rural municipal government with expertise in trauma; and
(ix) one representative of a suburban municipal government with expertise in trauma.
8-1307.
The [Office] Department of Human Services shall provide staff for the Commission.
Article –
Public Safety
1-401.
(b) The Board consists of the following members:
(9) the Executive Director of the [Governor’s Office of Crime Prevention, Youth, and Victim Services] Governor’s Office of Crime Prevention and Policy, or the Executive Director’s designee; and
2-315.
(c) The Council consists of the following members:
(7) the Executive Director of the [Governor’s
Office of Crime Prevention, Youth, and Victim Services] Governor’s Office of
Crime Prevention and Policy, or the Executive
Director’s designee;
2-514.
(a) On or before April 1, 2010, and on or before April 1 of every even-numbered year thereafter, each local law enforcement unit shall report to the [Governor’s Office of Crime Prevention, Youth, and Victim Services] Governor’s Office of Crime Prevention and Policy on the status of crime scene DNA collection and analysis in its respective jurisdiction for the preceding calendar year, and the Department shall report to the [Governor’s Office of Crime Prevention, Youth, and Victim Services] Governor’s Office of Crime Prevention and Policy on the status of crime scene DNA collection statewide for the preceding calendar year, including:
(1) the crimes for which crime scene DNA evidence is routinely collected;
(2) the approximate number of crime scene DNA evidence samples collected during the preceding year for each category of crime;
(3) the average time between crime scene DNA evidence collection and analysis;
(4) the number of crime scene DNA evidence samples collected and not analyzed at the time of the study;
(5) the number of crime scene DNA evidence samples submitted to the statewide DNA database during the preceding year; and (6) the number of crime scene DNA evidence samples, including sexual assault evidence, collected by hospitals in the county during the preceding year.
(b) The [Governor’s Office of Crime Prevention, Youth, and Victim Services] Governor’s Office of Crime Prevention and Policy shall compile the information reported by the local law enforcement units and the Department under subsection (a) of this section and submit an annual summary report to the Governor and, in accordance with § 2-1257 of the State Government Article, the General Assembly.
3-207.
(a) The Commission has the following powers and duties:
(18) to develop, with the cooperation of the Office of the Attorney General, the [Governor’s Office of Crime Prevention, Youth, and Victim Services] Governor’s Office of Crime Prevention and Policy, and the Federal Trade Commission, a uniform identity fraud reporting form that:
(i) makes transmitted data available on or before October 1, 2011, for use by each law enforcement agency of State and local government; and
(ii) may authorize the data to be transmitted to the Consumer Sentinel program in the Federal Trade Commission;
(h) The Commission shall distribute the
victim’s representation notification form developed by the [Governor’s Office of Crime Prevention,
Youth, and Victim Services] Governor’s Office of
Crime Prevention and Policy under § 12-206.1(e) of the Transportation Article to each law enforcement agency in the State.
(k) The Commission shall:
(2) work with the Comptroller and the [Governor’s Office of Crime Prevention, Youth, and Victim Services] Governor’s Office of Crime Prevention and Policy to ensure that State grant funding is withheld from a law enforcement agency that violates the Use of Force Statute under § 3-524 of this title.
3-501.1.
(c) If the Baltimore Police Department has not submitted a report required under subsection (a) of this section, the [Governor’s Office of Crime Prevention, Youth, and Victim Services] Governor’s Office of Crime Prevention and Policy may not make any grant funds available to the Baltimore Police Department.
3-507.
(b) Every year, on or before March 1, 2016, and March 1 of each subsequent year, each local law enforcement agency shall provide the [Governor’s Office of Crime Prevention, Youth, and Victim Services] Governor’s Office of Crime Prevention and Policy with information, for the previous calendar year, about each officer-involved death and death in the line of duty that involved a law enforcement officer employed by the agency, to include at a minimum:
(1) the age, gender, ethnicity, and race of a deceased individual;
(2) the age, gender, ethnicity, and race of the officer involved;
(3) a brief description of the circumstances surrounding the death;
(4) the date, time, and location of the death; and
(5) the law enforcement agency of the officer who:
(c) The [Governor’s Office of Crime Prevention, Youth, and Victim Services] Governor’s Office of Crime Prevention and Policy shall adopt procedures for the collection and analysis of the information described in subsection (b) of this section.
(d) The [Governor’s Office of Crime Prevention, Youth, and Victim Services] Governor’s Office of Crime Prevention and Policy shall analyze and disseminate the information provided under subsection (b) of this section.
(e) The [Governor’s Office of Crime Prevention, Youth, and Victim Services] Governor’s Office of Crime Prevention and Policy shall make an annual report on the incidence of officer-involved deaths and deaths in the line of duty in the State to the General Assembly, in accordance with § 2-1257 of the State Government Article, on or before June 30 of each year.
3-508.
(a) (4) “Office” means the [Governor’s Office of Crime Prevention,
Youth, and Victim Services] Governor’s Office of
Crime Prevention and Policy.
3-514.
(b) (3) If a law enforcement agency has not submitted the report required under paragraph (1) of this subsection by July 1 for the previous calendar year, the [Governor’s Office of Crime Prevention, Youth, and Victim Services] Governor’s Office of Crime Prevention and Policy may not make any grant funds available to that law enforcement agency.
3-522.
(b) (1) There is a Crisis Intervention
Team Center of Excellence in the [Governor’s
Office of Crime Prevention, Youth, and Victim Services] Governor’s Office of
Crime Prevention and Policy.
(3) The [Governor’s Office of Crime Prevention, Youth, and Victim Services] Governor’s
Office of Crime Prevention and Policy shall appoint
the following individuals to oversee the Center:
(i) a crisis intervention law enforcement coordinator;
(ii) a mental health coordinator;
(iii) an advocacy coordinator; and
(iv) additional coordinators necessary as determined by the [Governor’s Office of Crime Prevention, Youth, and Victim Services] Governor’s Office of Crime Prevention and Policy.
(c) (2) The Collaborative Committee shall include the following members:
(ii) the Executive Director of the [Governor’s Office of Crime Prevention,
Youth, and Victim Services] Governor’s Office of
Crime Prevention and Policy, or the
Executive Director’s designee;
(iv) the following individuals, appointed
by the Executive Director of the [Governor’s
Office of Crime Prevention, Youth, and Victim Services] Governor’s Office of
Crime Prevention and Policy:
1. at least one representative of a local behavioral health authority;
2. at least one representative from family and consumer mental health organizations;
3. a representative from the Maryland Municipal League;
4. a representative from the Maryland Chiefs of Police Association;
5. a representative from the Maryland Association of Counties;
6. a representative of a local crisis intervention team;
7. other members determined to be necessary to carry out the work of the Collaborative Committee; and
8. a representative from the Maryland Sheriffs’ Association.
(3) A member appointed by the Executive
Director of the [Governor’s
Office of Crime Prevention, Youth, and Victim Services] Governor’s Office of
Crime Prevention and Policy:
(i) serves for a term of 3 years and until a successor is appointed and qualifies; and
(ii) may be reappointed.
3-525.
(b) A law enforcement agency shall report the following information relating to search warrants executed by the law enforcement agency during the prior calendar year to the [Governor’s Office of Crime Prevention, Youth, and Victim Services] Governor’s Office of Crime Prevention and Policy using the format developed under subsection (c) of this section:
(1) the number of times a no-knock search warrant was executed in the previous year;
(2) the name of the county and municipal corporation and the zip code of the location where each no–knock search warrant was executed;
(3) for each search warrant executed, the number of days from the issuance until the execution of the search warrant, disaggregated by whether the search warrant was a no–knock search warrant;
(4) the legal basis for each no–knock search warrant issued;
(5) the number of times a search warrant was executed under circumstances in which a police officer made forcible entry into the building, apartment, premises, place, or thing to be searched specified in the warrant;
(6) the number of times a SWAT team was deployed to execute a search warrant;
(7) the number of arrests made, if any, during the execution of a search warrant;
(8) the number of times property was seized during the execution of a search warrant;
(9) the number of times a weapon was discharged by a police officer during the execution of a search warrant; and
(10) the number of times a person or domestic animal was injured or killed during the execution of a search warrant, disaggregated by whether the person or animal was injured or killed by a police officer.
(c) The Maryland Police Training and Standards Commission, in consultation with the [Governor’s Office of Crime Prevention, Youth, and Victim Services] Governor’s Office of Crime Prevention and Policy, shall develop a standardized format for each law enforcement agency to use in reporting data to the [Governor’s Office of Crime Prevention, Youth, and Victim Services] Governor’s Office of Crime Prevention and Policy under subsection (b) of this section.
(d) A law enforcement agency shall:
(2) not later than January 15 each year, submit the report to:
(i) the [Governor’s Office of Crime Prevention, Youth, and Victim Services] Governor’s
Office of Crime Prevention and Policy; and
(e) (1) The [Governor’s Office of Crime Prevention, Youth, and Victim Services] Governor’s Office of Crime Prevention and Policy shall analyze and summarize the reports of law enforcement agencies submitted under subsection (d) of this section.
(2) Before September 1 each year, the [Governor’s Office of Crime Prevention,
Youth, and Victim Services] Governor’s Office of
Crime Prevention and Policy shall:
(i) submit a report of the analyses and summaries of the reports of law enforcement agencies described in paragraph (1) of this subsection to the Governor, each law enforcement agency, and, in accordance with § 2-1257 of the State Government Article, the General Assembly; and
(ii) publish the report on its website.
(f) (1) If a law enforcement agency fails to comply with the reporting provisions of this section, the [Governor’s Office of Crime Prevention, Youth, and Victim Services] Governor’s Office of Crime Prevention and Policy shall report the noncompliance to the Maryland Police Training and Standards Commission.
(3) If the law enforcement agency fails to comply with the required reporting provisions of this section within 30 days after being contacted by the Maryland Police Training and Standards Commission with a request to comply, the [Governor’s Office of Crime Prevention, Youth, and Victim Services] Governor’s Office of Crime Prevention and Policy and the Maryland Police Training and Standards Commission jointly shall report the noncompliance to the Governor and the Legislative Policy Committee of the General Assembly.
3-528.
(c) The [Governor’s Office of Crime Prevention, Youth, and Victim Services] Governor’s Office of Crime Prevention and Policy shall adopt procedures for the collection and analysis of the information required under this section.
(d) On or before June 30 each year, the [Governor’s Office of Crime Prevention, Youth, and Victim Services] Governor’s Office of Crime Prevention and Policy shall compile and submit an annual report on the information required under this section to the General Assembly, in accordance with § 2-1257 of the State Government Article.
(e) The [Governor’s Office of Crime Prevention, Youth, and Victim Services] Governor’s Office of Crime Prevention and Policy shall post annually the report required under this section on its website.
3-530.
(a) The [Governor’s Office of Crime Prevention, Youth, and Victim Services] Governor’s Office of Crime Prevention and Policy shall request and analyze data relating to juveniles who are charged, convicted, and sentenced as adults in the State, including data from:
(1) law enforcement agencies in the State;
(2) the Administrative Office of the Courts;
(3) local correctional facilities in the State; and
(4) the Department of Public Safety and Correctional Services.
(c) On or before December 31, 2023, and on or before December 31 each year thereafter, the [Governor’s Office of Crime Prevention, Youth, and Victim Services] Governor’s Office of Crime Prevention and Policy shall report its findings to the Governor and, in accordance with § 2-1257 of the State Government Article, the General Assembly.
4-101.
(b) “Executive Director” means the
Executive Director of the [Governor’s
Office of Crime Prevention, Youth, and Victim Services] Governor’s Office of
Crime Prevention and Policy.
4-401.
(d) The Executive Director of the [Governor’s Office of Crime Prevention,
Youth, and Victim Services] Governor’s Office of
Crime Prevention and Policy shall:
(1) administer the Fund;
(2) the Administrative Office of the Courts;
(3) local correctional facilities in the State; and
(4) the Department of Public Safety and Correctional Services.
4-501.
(e) “Executive Director” means the
Executive Director of the [Governor’s
Office of Crime Prevention, Youth, and Victim Services] Governor’s Office of
Crime Prevention and Policy.
4-601.
(b) “Executive Director” means the
Executive Director of the [Governor’s
Office of Crime Prevention, Youth, and Victim Services] Governor’s Office of
Crime Prevention and Policy.
4-701.
(c) “Executive Director” means the
Executive Director of the [Governor’s
Office of Crime Prevention, Youth, and Victim Services] Governor’s Office of
Crime Prevention and Policy.
4-703.
(f) The [Governor’s Office of Crime Prevention, Youth, and Victim Services] Governor’s Office of Crime Prevention and Policy and the Maryland Police Training and Standards Commission shall provide technical assistance to agencies in applying for:
(1) money from the Fund; or
(2) other federal, State, or private grants for community programs.
4-901.
(e) “Executive Director” means the
Executive Director of the [Governor’s
Office of Crime Prevention, Youth, and Victim Services] Governor’s Office of
Crime Prevention and Policy.
4-903.
(a) There is a Maryland Violence Intervention and Prevention Advisory Council in the [Governor’s Office of Crime Prevention, Youth, and Victim Services] Governor’s Office of Crime Prevention and Policy.
4-906.
(c) In addition to any other reporting requirements from the [Governor’s Office of Crime Prevention, Youth, and Victim Services] Governor’s Office of Crime Prevention and Policy, grantees shall submit a report at the end of each grant cycle that shall:
(2) be posted to the [Governor’s Office of Crime Prevention,
Youth, and Victim Services’] Governor’s Office of
Crime Prevention and Policy’s website.
4-907.
(d) The results of an evaluation ordered under subsection (a) of this section shall be posted to the [Governor’s Office of Crime Prevention, Youth, and Victim Services’] Governor’s Office of Crime Prevention and Policy’s website.
4-1008.
A local government or nonprofit entity that receives funding under this subtitle:
(2) shall comply with any data sharing and reporting requirements established by the Executive Director of the [Governor’s Office of Crime Prevention, Youth, and Victim Services] Governor’s Office of Crime Prevention and Policy under § 4-1009 of this subtitle as a condition of receiving funding.
4-1009.
(a) In this section, “Executive Director” means the Executive Director of the [Governor’s Office of Crime Prevention, Youth, and Victim Services] Governor’s Office of Crime Prevention and Policy.
(c) (1) On or before October 1, 2020, and every October 1 thereafter, the [Governor’s Office of Crime Prevention, Youth, and Victim Services] Governor’s Office of Crime Prevention and Policy shall place on its website in an easily accessible location a filterable data display showing all data collected under this subtitle pertaining to outcome-based performance measures under this section for the previous fiscal year.
(2) The [Governor’s Office of Crime Prevention, Youth, and Victim Services] Governor’s Office of Crime Prevention and Policy shall notify annually in writing the Governor and the Legislative Policy Committee, in accordance with § 2-1257 of the State Government Article, when the filterable data display has been updated under paragraph (1) of this subsection.
4-1011.
(c) (1) The [Governor’s Office of Crime Prevention, Youth, and Victim Services] Governor’s
Office of Crime Prevention and Policy shall
administer the grant funds in accordance with § 4-1008 of this subtitle.
4-1012.
(a) (2) “Executive Director” means the
Executive Director of the [Governor’s
Office of Crime Prevention, Youth, and Victim Services] Governor’s Office of
Crime Prevention and Policy.
(d) The [Governor’s Office of Crime Prevention, Youth, and Victim Services] Governor’s
Office of Crime Prevention and Policy shall administer the Fund.
4-1101.
(c) “Executive Director” means the
Executive Director of the [Governor’s
Office of Crime Prevention, Youth, and Victim Services] Governor’s Office of
Crime Prevention and Policy.
4-1201.
(a) This subtitle applies only to each grant the Executive Director of the [Governor’s Office of Crime Prevention, Youth, and Victim Services] Governor’s Office of Crime Prevention and Policy makes to the Baltimore Police Department.
(b) The purpose of this subtitle is to ensure that grants from the [Governor’s Office of Crime Prevention, Youth, and Victim Services] Governor’s Office of Crime Prevention and Policy to the Baltimore Police Department for community policing efforts are used for that purpose.
(c) (1) In fiscal year 2019, the Baltimore Police Department shall prepare a half-year report on the expenditure of grants received from the [Governor’s Office of Crime Prevention, Youth, and Victim Services] Governor’s Office of Crime Prevention and Policy.
(2) In fiscal year 2020 and in each subsequent fiscal year, the Baltimore Police Department shall prepare an annual report on the expenditure of grants received from the [Governor’s Office of Crime Prevention, Youth, and Victim Services] Governor’s Office of Crime Prevention and Policy.
(d) The report required under subsection (c) of this section shall include:
(1) the intended use of each grant from the [Governor’s Office of Crime Prevention, Youth, and Victim Services] Governor’s Office of Crime Prevention and Policy to the Baltimore Police Department; and
(2) the specific expenditures made by the Baltimore Police Department with any monetary grants received from the [Governor’s Office of Crime Prevention, Youth, and Victim Services] Governor’s Office of Crime Prevention and Policy.
4-1301.
(b) “Executive Director” means the
Executive Director of the [Governor’s
Office of Crime Prevention, Youth, and Victim Services] Governor’s Office of
Crime Prevention and Policy.
4-1401.
(b) “Executive Director” means the
Executive Director of the [Governor’s
Office of Crime Prevention, Youth, and Victim Services] Governor’s Office of
Crime Prevention and Policy.
4-1502.
(a) The [Governor’s Office of Crime Prevention, Youth, and Victim Services] Governor’s
Office of Crime Prevention and Policy shall:
(1) select 10 high-crime micro-zones within the State; and
(2) create, as a civilian position, an “End the Violence” P.R.O.T.E.C.T. Coordinator position for each high–crime micro–zone.
4-1503.
For fiscal year 2022 and each fiscal year thereafter, the Governor shall include in the annual budget bill an appropriation:
(2) of at least $500,000 in addition to the funding required under item (1) of this section to be used by the [Governor’s Office of Crime Prevention, Youth, and Victim Services] Governor’s Office of Crime Prevention and Policy to hire and manage “End the Violence” P.R.O.T.E.C.T. Coordinators established under § 4-1502 of this subtitle.
4-1601.
(d) The Executive Director of the [Governor’s Office of Crime Prevention,
Youth, and Victim Services] Governor’s Office of
Crime Prevention and Policy shall:
(1) administer the Fund;
(2) establish and publish procedures for the distribution of grants to nonprofit organizations, including faith–based organizations;
(3) set aside a minimum of $1,000,000 each year for grants to faith– based organizations to increase security measures against faith–based hate crimes, with priority given to applicants that can demonstrate a high prevalence of hate crimes against members of and institutions representing the applicant’s faith; and
(4) submit to the General Assembly, in accordance with § 2–1257 of the State Government Article, a report on the distribution of funding before September 1 each year.
5-502.
(a) There is a Cease Fire Council in the [Governor’s Office of Crime Prevention,
Youth, and Victim Services] Governor’s Office of
Crime Prevention and Policy.
(b) (2) Of the 11 members of the Council:
(iv) one shall be the Executive Director
of the [Governor’s Office of
Crime Prevention, Youth, and Victim Services] Governor’s Office of
Crime Prevention and Policy or a designee;
(f) (1) The [Governor’s Office of Crime Prevention, Youth, and Victim Services] Governor’s
Office of Crime Prevention and Policy shall provide
staff support for the Council.
(2) The Assistant Attorney General assigned to the [Governor’s Office of Crime Prevention, Youth, and Victim Services] Governor’s Office of Crime Prevention and Policy is the legal advisor to the Council.
Article – State Finance and
Procurement
2-209.
(c) (1) The Council consists of the following members:
(xiii) the Executive Director of the [Governor’s Office of Crime Prevention,
Youth, and Victim Services] Governor’s Office of
Crime Prevention and Policy, or the
Executive Director’s designee;
Article –
State Government
2-1261.
(d) On or before October 31 each year, the [Governor’s Office of Crime Prevention, Youth, and Victim Services] Governor’s Office of Crime Prevention and Policy shall submit to the Department, in the form of electronic raw data, de-identified and disaggregated by incident, information collected in accordance with:
(1) § 3-528 of the Public Safety Article; and
(2) `§ 25–113 of the Transportation Article.
6-401.
(d) “[Deputy] Executive Director” means the [Deputy] Executive Director of the [Division of Children and Youth of the Governor’s Office of Crime Prevention, Youth, and Victim Services] Governor’s Office of Crime Prevention and Policy.
6-404.
The Unit shall:
(9) collaborate with the Department, the Department of Human Services, the Maryland Department of Health, and the [Division of Children and Youth of the Governor’s Office of Crime Prevention, Youth, and Victim Services] Governor’s Office of Crime Prevention and Policy in all matters related to the licensing and monitoring of children’s residential facilities; and
6-406.
(a) The Unit shall report in a timely manner to the [Deputy] Executive Director, the Secretary, and, in accordance with § 2-1257 of this article, the Speaker of the House of Delegates and the President of the Senate:
(1) knowledge of any problem regarding the care, supervision, and treatment of children in facilities;
(2) findings, actions, and recommendations, related to the investigations of disciplinary actions, grievances, incident reports, and alleged cases of child abuse and neglect; and
(3) all other findings and actions related to the monitoring required under this subtitle.
9-2701.
(c) (1) The Council consists of:
(iv) the following members appointed by the [Division of Children and Youth of the Governor’s Office of Crime Prevention, Youth, and Victim Services] Governor’s Office for Children:
1. four youths nominated by the local management boards established under § 8-301 of the Human Services Article;
2. four youths nominated by the Maryland Association of Student Councils;
3. two youths nominated by the University System of Maryland Student Council; and
4. the following youths nominated by the Student Advisory Council to the Maryland Higher Education Commission:
A. one youth who is enrolled in a community college; and
B. one youth who is enrolled in a private college or university.
9-3201.
(c) “Executive Director” means the
Executive Director of the [Governor’s
Office of Crime Prevention, Youth, and Victim Services] Governor’s Office of
Crime Prevention and Policy.
9-3202.
There is a Justice Reinvestment Oversight
Board in the [Governor’s
Office of Crime Prevention, Youth, and Victim Services] Governor’s Office of
Crime Prevention and Policy.
9-3206.
The [Governor’s Office of Crime Prevention, Youth, and Victim Services] Governor’s
Office of Crime Prevention and Policy shall provide
staff for the Board.
9-3207.
(e) (2) The Executive Director of the [Governor’s Office of Crime Prevention, Youth, and Victim Services] Governor’s Office of Crime Prevention and Policy shall appoint members of the advisory board, subject to the approval of the chair of the Board.
9-3209.
(b) (4) The [Governor’s Office of Crime Prevention, Youth, and Victim Services] Governor’s Office of Crime Prevention and Policy shall receive from the Fund each fiscal year the amount necessary to offset the costs of administering the Fund, including the costs incurred in an agreement to collect and interpret data as authorized by § 9-3207 of this subtitle.
9-3211.
(g) The [Governor’s Office of Crime Prevention, Youth, and Victim Services] Governor’s
Office of Crime Prevention and Policy shall provide
staff for the Commission.
9-3601.
In this subtitle, “Office” means the [Governor’s Office of Crime Prevention,
Youth, and Victim Services] Governor’s Office of
Crime Prevention and Policy.
9-3701.
There Is a Governor’s Office for Children, as Authorized Under Executive
Order 01.01.2024.05.
10-1503.
(b) The Council consists of the following 37 members:
(22) the Executive Director of the [Governor’s Office of Crime Prevention,
Youth, and Victim Services] Governor’s Office of
Crime Prevention and Policy;
Article –
State Personnel and Pensions
29-304.
An individual shall have immediate vesting rights on taking office
in the State system in which the individual is a member if the individual is
the:
(16) Executive Director of the [Governor’s Office of Crime Prevention,
Youth, and Victim Services] Governor’s Office of
Crime Prevention and Policy;
(20) Special Secretary of the Governor’s Office for Children;
(21)
State Archivist; or
(22) State Prosecutor of
the State Prosecutor's Office.
Article –
Transportation
12-206.1.
(b) (1) During the investigation of a moving violation, the investigating agency shall :
(ii) Provide the victim’s representative with a copy of the victim’s representation notification form developed by the [Governor’s Office of Crime Prevention, Youth, and Victim Services] Governor’s Office of Crime Prevention and Policy under subsection (e) of this section.
(e) The [Governor’s Office of Crime Prevention, Youth, and Victim Services] Governor’s Office of Crime Prevention and Policy shall develop and, as necessary, update a uniform victim’s representation notification form that may be filed by a victim’s representative under this section.
25-113.
(a) (5) “Maryland Statistical Analysis Center” means the research, development, and evaluation component of the [Governor’s Office of Crime Prevention, Youth, and Victim Services] Governor’s Office of Crime Prevention and Policy.
(f) (1) (iv) When the Maryland Statistical Analysis Center updates a filterable data display under this section, the [Governor’s Office of Crime Prevention, Youth, and Victim Services] Governor’s Office of Crime Prevention and Policy shall provide electronic and written notice of the update to the General Assembly in accordance with § 2-1257 of the State Government Article.
SECTION 2. AND BE IT FURTHER ORDERED, That, as provided in this Executive Order:
(a) (1) Except as provided in paragraph (2) of this subsection, the Governor’s Office of Crime Prevention and Policy is the successor of the Governor’s Office of Crime Prevention, Youth, and Victim Services.
(2) The Governor’s Office for Children is the successor of the Division of Children and Youth of the Governor’s Office of Crime Prevention, Youth, and Victim Services.
(3) Except as provided in paragraph (4) of this subsection, the Executive Director of the Governor’s Office of Crime Prevention and Policy is the successor of the Executive Director of the Governor’s Office of Crime Prevention, Youth, and Victim Services.
(4) The Special Secretary of the Governor’s Office for Children is the successor of the Deputy Director of the Division of Children and Youth of the Governor’s Office of Crime Prevention, Youth, and Victim Services.
(b) In every law, executive order, rule, regulation, policy, or document created by an official, an employee, or a unit of this State, the names and titles of those agencies and officials mean the names and titles of the successor agency or official.
SECTION 3. AND BE IT FURTHER ORDERED, that all persons who, as of the effective date of this Order, are employed in the Governor’s Office of Crime Prevention, Youth, and Victim Services are hereby transferred to the Governor’s Office of Crime Prevention and Policy or the Governor’s Office for Children, as appropriate, without any change or loss of pay, working conditions, benefits, rights, or status, and shall retain their merit system and retirement system status.
SECTION 4. AND BE IT FURTHER ORDERED, that any transaction affected by or arising from any statute here amended, repealed, or transferred, and validly entered into before the effective date of this Order and every right, duty, or interest flowing from it remains valid after the effective date and may be terminated, completed, consummated, or enforced pursuant to law.
SECTION 5. AND BE IT FURTHER ORDERED, that except as otherwise expressly provided in this Order, the continuity of every division, board, commission, authority, council, committee, office, and other unit is retained. All rules and regulations, proposed rules and regulations, standards and guidelines, proposed standards and guidelines, orders and other directives, findings, determinations, forms, plans, memberships, special funds, appropriations, grants, applications for grants, contracts, property, equipment, records, investigations, administrative and judicial proceedings, rights to sue and be sued, and all other duties, and responsibilities associated with those functions of the Governor’s Office of Crime Prevention, Youth, and Victim Services transferred by this Order shall continue in effect under the Governor’s Office of Crime Control and Prevention and the Governor’s Office for Children, respectively until withdrawn, canceled, modified, or otherwise changed in accordance with law.
SECTION 6. AND BE IT FURTHER ORDERED, that any unexpended appropriation for the purpose of financing the Governor’s Office of Crime Prevention, Youth, and Victim Services shall be transferred by approved budget amendment to the Governor’s Office of Crime Prevention and Policy or the Governor’s Office for Children, as appropriate.
SECTION 7. AND BE IT FURTHER ORDERED, that nothing in this Act shall affect the terms of office of a member of any division, board, council, commission, authority, office, unit, or other entity that is transferred by this Act to the Governor’s Office of Crime Prevention and Policy or the Governor’s Office for Children. An individual who is a member of any such entity on the effective date of this Act shall remain a member for the balance of the term to which the member is appointed, unless the member sooner dies, resigns, or is removed under appropriate provisions of law.
SECTION 8. AND BE IT FURTHER ORDERED, that the publisher of the Annotated Code of Maryland, in consultation with and subject to the approval of the Department of Legislative Services, shall correct, with no further action required by the General Assembly, cross-references and terminology rendered incorrect by this Executive Order. The publisher shall adequately describe any correction that is made in an editor’s note following the section affected.
SECTION 9. AND BE IT FURTHER ORDERED, that this Executive Order shall become effective and have the force of law on the 1st day of May, 2024, unless specifically disapproved within 50 days after submission, by a Resolution of Disapproval concurred in by a majority vote of all members of either House of the General Assembly.
GIVEN Under My Hand and the Great Seal of the State of Maryland, in the City of Annapolis, this 18th Day of January 2024.
WES MOORE
Governor
ATTEST:
SUSAN C. LEE
Secretary of State
[24-03-13]
Rescission of Executive
Order 01.01.2024.03
WHEREAS, I, Wes Moore, Governor of the State of Maryland, issued Executive Order 01.01.2024.03 due to the impending threat to the public safety caused by severe weather impacting the State; and
WHEREAS, Having been advised and informed by the Maryland Department of Emergency Management that the threat of severe weather impacting the State between January 9th and January 19th, 2024, no longer exists and the related risks to Maryland residents have diminished.
NOW, THEREFORE, I, WES MOORE, GOVERNOR OF THE STATE OF MARYLAND, BY VIRTUE OF THE AUTHORITY VESTED IN ME BY THE CONSTITUTION AND LAWS OF MARYLAND, HEREBY PROCLAIM THAT THE STATE OF PREPAREDNESS IS TERMINATED AND I HEREBY RESCIND EXECUTIVE ORDER 01.01.2024.03.
GIVEN Under My Hand and the Great Seal of the State of Maryland, in the City of Annapolis, this 20th Day of January 2024.
WES MOORE
Governor
ATTEST:
SUSAN C. LEE
Secretary of State
[24-03-14]
(Amends Executive Order
01.01.2023.09)
WHEREAS, The State of Maryland is firmly committed to maintaining the economic health and well-being of Maryland’s vibrant and diverse economy.
WHEREAS, Sustained economic growth across all sectors is a priority in Maryland.
WHEREAS, The Governor must receive sound economic advice to effectively formulate and implement economic policies and achieve economic growth.
WHEREAS, Analyzing the intersection between international and national economies and State government, and current economic developments and trends will allow the State to more accurately forecast economic conditions and better mitigate challenges.
WHEREAS, Building and maintaining an equitable economy is key to economic prosperity in Maryland and ensuring that communities of color can effectively participate and contribute to the economy will promote economic growth and help eliminate the racial wealth gap.
WHEREAS, Maryland’s commitment to inclusivity and richness in cultural diversity are competitive assets. Ensuring that all residents can access the healthcare they and their families need, embracing the open and free exchange of ideas, books and educational opportunities, and a willingness to welcome and include all newcomers enhance the State’s economic development and economy and allow all Marylanders to fully participate in economic opportunities.
WHEREAS, As political leaders in other states restrict freedom, protecting liberty makes Maryland a more attractive place for individuals and companies to live and do business.
WHEREAS, State agencies and instrumentalities must work together to promote economic equity and advance the Governor’s economic agenda to ensure cohesion, effective implementation of economic policies, and best outcomes for Maryland’s economy, and ultimately, the residents of Maryland.
NOW, THEREFORE, I, WES MOORE, GOVERNOR OF THE STATE OF MARYLAND, BY VIRTUE OF THE AUTHORITY VESTED IN ME BY THE CONSTITUTION AND LAWS OF MARYLAND, HEREBY AMEND EXECUTIVE ORDER 01.01.2023.09 AND PROCLAIM THE FOLLOWING EXECUTIVE ORDER, EFFECTIVE IMMEDIATELY:
A. Establishment. There is hereby established a Maryland Economic Council (“Council”).
B. Membership. The Council shall consist of the following members:
(1) The Lieutenant Governor or the Lieutenant Governor’s designee;
(2) The Secretary of Budget & Management or the Secretary’s designee;
(3) The Secretary of Commerce or the Secretary’s designee;
(4) The Chief Data Officer or the Chief Data Officer’s designee;
(5) The Secretary of Labor or the Secretary’s designee;
(6) The Comptroller of Maryland, or the Comptroller’s Designee;
(7) No fewer than five (5) and no more than fifteen (15) members, appointed by the Governor, with training, knowledge, and experience in analyzing and interpreting economic data, developments and trends, appraising programs and activities of the government, recommending economic policy in light of the international, national and State macroeconomic environment, and proposing strategies to build a more equitable economy; and
[(7)] (8) Such other officials of executive departments and agencies as the Governor may from time to time designate.
C. Chair. The Governor shall appoint the Chair from among the members. The Chair shall serve at the pleasure of the Governor.
D. Meetings of the Council.
(1) The Council shall meet as often as its duties require, but no less than quarterly.
(2) The Council Chair may convene meetings of the Council and shall preside over the meetings.
E. Functions. The principal functions of the Council are to provide economic policy advice and recommendations to the Governor by:
(1) Identifying and tracking the underlying economic factors impacting the macroeconomic environment (such as interest rates, systematic risks in the banking system, disruptions to the global supply chain, gross domestic product, unemployment rates, and inflation);
(2) Analyzing the projected impacts of State policy issues, such as tax policy and specific investment proposals, on the competitiveness of the State’s economy and strengthening key economic metrics;
(3) Evaluating the State’s current economic development policies and activities to identify additional techniques to foster greater economic and business development and support commerce;
(4) Examining existing economic policy instrumentalities, boards and commissions within the State (including, but not limited to, the Maryland Economic Development Corporation (MEDCO), Maryland Technology Development Corporation (TEDCO), and Maryland Economic Development Commission (MEDC)), develop a plan to coordinate each entity’s distinct mandates, and identify potential areas for collaboration to meet desired goals;
(5) Reviewing current economic policies through an equitable lens to ensure fairness and help eliminate the racial wealth gap; and,
(6) Assessing and highlighting the economic and competitive impact of Maryland’s commitment to policies of inclusivity, openness, and diversity.
F. Administration.
(1) The Council may function through established or ad hoc committees.
(2) The Council shall be staffed by the Maryland Department of Commerce. The Council shall have such staff and other assistance as may be necessary to carry out the provisions of this order.
(3) All executive departments and agencies shall cooperate with the Council and provide such assistance, information, and advice to the Council as the Council may request, to the extent permitted by law.
G. Procedures.
(1) The Council Chair shall:
a. Oversee the implementation of this Executive Order and the work of the Council;
b. Determine the Council’s agenda; and
c. Identify additional support as needed.
(2) The Council Chair may adopt bylaws, rules, and other procedures necessary to ensure the orderly transaction of business.
(3) A majority of the members present shall constitute a quorum for the transaction of any business of the Council.
H. Duration. This Executive Order shall remain in effect until January 20, 2027, unless earlier modified or rescinded by the Governor.
I. This Executive Order shall be implemented in a manner that is consistent with all applicable statutes and regulations. Nothing in this Executive Order shall operate to contravene any State or federal law or to affect the State's receipt of federal funding.
J. If any provision of this Executive Order or its application to any person, entity, or circumstance is held invalid by any court of competent jurisdiction, all other provisions or applications of the Executive Order shall remain in effect to the extent possible without the invalid provision or application. To achieve this purpose, the provisions of this Executive Order are severable.
GIVEN Under My Hand and the Great Seal of the State of Maryland, in the City of Annapolis, this 25th Day of January 2024.
WES MOORE
Governor
ATTEST:
SUSAN C. LEE
Secretary of State
[24-03-15]
This is to certify that by an Order of this Court dated January 19, 2024, ANITHA WILEEN JOHNSON (CPF# 0512140105), as of January 19, 2024, Anitha Wileen Johnson has been disbarred, effective immediately and her name has been stricken from the register of attorneys in this Court. Notice of this action is given in accordance with Maryland Rule 19-761(b).
* * * * * * * * * *
This is to certify that by an Order of this Court dated January 19, 2024, KELLY GARNER KILROY (CPF# 0312170258), as of January 19, 2024, Kelly Garner Kilroy’s name has been replaced on the register of attorneys permitted to practice law in the Supreme Court of Maryland. Notice of this action is given in accordance with Maryland Rule 19-761(b).
* * * * * * * * * *
This is to certify that by an Order of this Court dated January 19, 2024, RICHARD LOUIS SLOANE (CPF# 9712160311), as of January 19, 2024, Richard Louis Sloane’s name has been replaced on the register of attorneys permitted to practice law in the Supreme Court of Maryland. Notice of this action is given in accordance with Maryland Rule 19-761(b).
[24-03-10]
Emergency Action on Regulations
Symbol Key
• Roman
type indicates text existing before emergency status was granted.
• Italic
type indicates new text.
• [Single brackets] indicate deleted text.
Emergency Regulations
Under State
Government Article, §10-111(b), Annotated Code of Maryland, an agency may
petition the Joint Committee on Administrative, Executive, and Legislative
Review (AELR), asking that the usual procedures for adopting regulations be set
aside because emergency conditions exist. If the Committee approves the
request, the regulations are given emergency status. Emergency status means
that the regulations become effective immediately, or at a later time specified
by the Committee. After the Committee has granted emergency status, the
regulations are published in the next available issue of the Maryland Register.
The approval of emergency status may be subject to one or more conditions,
including a time limit. During the time the emergency status is in effect, the
agency may adopt the regulations through the usual promulgation process. If the
agency chooses not to adopt the regulations, the emergency status expires when
the time limit on the emergency regulations ends. When emergency status
expires, the text of the regulations reverts to its original language.
Title 10
MARYLAND DEPARTMENT OF HEALTH
Subtitle 25 MARYLAND HEALTH CARE COMMISSION
10.25.07 Certification of Electronic Health Networks and Medical Care Electronic Claims Clearinghouses
Authority: Health-General Article, §§4-302.1, 4-302.5, 19-103(c)(2), (9), and (10), 19-109(a)(1), 19-134, and 19-135(a) and (b), Annotated Code of Maryland
Notice of Emergency Action
[23-277-E]
The Joint Committee on Administrative, Executive, and Legislative Review has granted emergency status to amendments to Regulations .02, .04, .05, and .09 under COMAR 10.25.07 Certification of Electronic Health Networks and Medical Care Electronic Claims Clearinghouses.
Emergency status began:
January 11, 2024.
Emergency status
expires: July 9, 2024.
Editor’s Note: The text of
this document will not be printed here because it appeared as a Notice of
Proposed Action in 51:1 Md. R. 41—43 (January 12, 2024), referenced as
[23-277-P].
RANDOLPH S. SERGENT, ESQ.
Chair
Subtitle 25 MARYLAND HEALTH CARE COMMISSION
10.25.18 Health Information Exchanges: Privacy and Security of Protected Health Information
Authority: Health-General Article, §§4-301, 4-302.2, 4-302.3, 4-302.5, 4-304, 19-101, and 19-143, Annotated Code of Maryland
Notice of Emergency Action
[23-299-E]
The Joint Committee on Administrative, Executive, and Legislative Review has granted emergency status to amendments to Regulations .01—.04, .06, .07, and .09—.11 under COMAR 10.25.18 Health Information Exchanges: Privacy and Security of Protected Health Information.
Emergency status began:
January 9, 2024.
Emergency status
expires: July 7, 2024.
Editor’s Note: The text of
this document will not be printed here because it appeared as a Notice of
Proposed Action in 51:1 Md. R. 43—50 (January 12, 2024), referenced as [23-299-P].
RANDOLPH S. SERGENT, ESQ.
Chair
Subtitle 60 BOARD OF ENVIRONMENTAL HEALTH SPECIALISTS
Notice of Emergency Action
[23-272-E]
The Joint Committee on Administrative, Executive, and Legislative Review has granted emergency status to:
(1) Amendments to Regulations .08 and .09 under COMAR 10.60.02 Licensing Procedures; and
(2) Amendments to Regulation .01, the repeal of existing Regulation .02, amendments to and the recodification of existing Regulation .03 to be Regulation .02, the recodification of existing Regulation .04 to be Regulation .03, and new Regulations .04 and .05 under COMAR 10.60.03 Continuing Education.
Emergency status began:
January 9, 2024.
Emergency status
expires: July 7, 2024.
Editor’s Note: The text of
this document will not be printed here because it appeared as a Notice of
Proposed Action in 50:25 Md. R. 1102—1103 (December 15, 2023), referenced as [23-272-P].
LAURA HERRERA SCOTT
Secretary of Health
Title 15
MARYLAND DEPARTMENT OF AGRICULTURE
Subtitle 01 OFFICE OF THE SECRETARY
15.01.05 Cost Sharing—Water Pollution Control Program
Authority: Agriculture Article, §§2-103, 8-703, 8-704, and 8-803.1, Annotated Code of Maryland
Notice of Emergency Action
[23-316-E]
The Joint Committee on Administrative, Executive, and Legislative Review has granted emergency status to amendments to Regulation .10 under COMAR 15.01.05 Cost Sharing—Water Pollution Control Program.
Emergency status began:
January 1, 2024.
Emergency status
expires: June 30, 2024.
Editor’s Note: The text of
this document will not be printed here because it appeared as a Notice of
Proposed Action in 51:2 Md. R. 110—111 (January 26, 2024), referenced as
[23-316-P].
STEVEN A. CONNELLY
Deputy Secretary
Symbol Key
• Roman type
indicates text already existing at the time of the proposed action.
• Italic
type indicates new text added
at the time of proposed action.
• Single underline, italic indicates new text added at the time of final
action.
• Single
underline, roman indicates existing text added at the time of final action.
• [[Double
brackets]] indicate text deleted at the time of final action.
Title 08
DEPARTMENT OF NATURAL RESOURCES
Subtitle 01 OFFICE OF THE SECRETARY
Authority: Natural Resources Article, §§5-201 and 5-209, Annotated Code of Maryland
Notice of Final Action
[23-268-F]
On January 31, 2024, the Secretary of Natural Resources adopted amendments to Regulations .11 and .12 under COMAR 08.01.03 Off-Road Vehicles. This action, which was proposed for adoption in 50:25 Md. R. 1092 (December 15, 2023), has been adopted as proposed.
Effective Date: February 19, 2024.
JOSH KURTZ
Secretary of Natural Resources
Title 12
DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES
Notice of Final Action
[23-258-F]
On January 18, 2024, the Secretary of Public Safety and Correctional Services, in cooperation with the Commissioner of Correction and the Director of the Patuxent Institute, adopted:
(1) The repeal of Regulations .01—.08 under COMAR 12.02.20 Inmate Mail;
(2) New Regulations .01—.12
under a new chapter, COMAR 12.03.03 Incarcerated Individual Mail; and
(3) The repeal of Regulations .01—.08 under COMAR 12.12.20 Inmate Mail.
This action, which was proposed for adoption in 50:24 Md. R. 1052—1057 (December 1, 2023), has been adopted as proposed.
Effective Date: February 19, 2024.
CAROLYN J. SCRUGGS
Secretary of Public Safety and Correctional Services
Subtitle 07 MARYLAND AUTOMOBILE INSURANCE FUND
14.07.04 Uninsured Persons’ Claims for Compensation from the Maryland Automobile Insurance Fund
Authority: Insurance Article, §20-201(d)(3)(iii), Annotated Code of Maryland
Notice of Final Action
[23-263-F]
On January 16, 2024, the Executive Director adopted amendments to Regulations .01 and .03—.06 under COMAR 14.07.04 Uninsured Persons’ Claims for Compensation from the Maryland Automobile Insurance Fund. This action, which was proposed for adoption in 50:24 Md. R. 1057—1059 (December 1, 2023), has been adopted as proposed.
Effective Date: February 19, 2024.
ALFRED W. REDMER, JR.
Executive Director
Subtitle 35 MARYLAND HEALTH BENEFIT EXCHANGE
Notice of Final Action
[23-229-F]
On January 16, 2024, the Maryland Health Benefit Exchange adopted amendments to:
(1) Regulations .08, .12, .14, and .19 under COMAR 14.35.07 Eligibility Standards for Enrollment in a Qualified Health Plan, Eligibility Standards for APTC and CSR, and Eligibility Standards for Enrollment in a Catastrophic Qualified Health Plan in the Individual Exchange;
(2) Regulations .06 and .07 under COMAR 14.35.14 Termination, Cancellation, and Rescission of Qualified Health Plan;
(3) Regulations .05, .06, and .08 under COMAR 14.35.15 Carrier Certification Standards; and
(4) Regulation .07 under COMAR 14.35.16 Plan Certification Standards.
This action, which was proposed for adoption in 50:22 Md. R. 988—990 (November 3, 2023), has been adopted with the nonsubstantive changes shown below.
Effective Date: February 19, 2024.
Attorney General’s Certification
In accordance with State Government Article, §10-113, Annotated Code of Maryland, the Attorney General certifies that the following changes do not differ substantively from the proposed text. The nature of the changes and the basis for this conclusion are as follows:
COMAR 14.35.15.08C(2): As a general matter, the change does not substantially affect the rights, duties, or obligations of carriers, consumers, or members of the public as it is not detrimental to any of the aforementioned parties. The change maintains the allowance of four metal levels per plan in the SHOP market which will maintain the current plan choice levels for carriers and consumers. This change is in response to comments from carriers that a three-plan limit is unnecessary because "choice overload" is less likely to be a problem in the SHOP market. This change back to the status quo is in alignment with federal regulations.
14.35.15 Carrier Certification Standards
Authority: Insurance Article, §31-106(c)(1)(iv), Annotated Code of Maryland
.08 Requirements for Qualified Plans.
A.—B. (text unchanged)
C. An authorized carrier shall offer no more than:
(1) (proposed text unchanged)
(2) Three benefit designs per metal level in the Individual
Exchange and [[three]] four benefit
designs per metal level in the SHOP Exchange beginning in plan year 2025.
D.—E. (text unchanged)
MICHELE EBERLE
Executive Director
Proposed Action on Regulations
Title 05
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
Subtitle 20 REVITALIZATION PROGRAMS
05.20.05 Business Facade Improvement Program
Authority: Housing and
Community Development Article, §§2-102(a)(7) and 6-1103, Annotated Code of
Maryland
Notice of Proposed Action
[23-328-P]
The Secretary of Housing and Community Development proposes to adopt
new Regulations .01—.09 under a new
chapter, COMAR 05.20.05 Business Facade
Improvement Program.
Statement of Purpose
The purpose of this action is to describe policies and procedures for program administration under the Business Facade Improvement Program, established under Ch. 437 (H.B. 706), Acts of 2023. The purpose of the Program is to assist qualified businesses with improving the outside appearance of buildings and facilities.
Estimate of Economic Impact
I. Summary of Economic Impact. The Department of Housing and Community Development (DHCD) must distribute funds from the Program to counties, including Baltimore City, and municipalities that have at least one sustainable community and that apply for the funds. Each local government that receives funds must then distribute grants to qualified businesses that apply for a grant. Both DHCD and the local governments that receive Program funds must establish an application process and award criteria, as appropriate. Beginning in fiscal year 2025, the Governor is mandated to include an appropriation of $5,000,000 in the annual Budget Bill to the Program. The Program also received a one-time appropriation of $1,500,000 in fiscal year 2024. A full-time staff is required beginning in fiscal 2025, concurrent with the mandated Program funding.
II. Types of Economic Impact.
|
Impacted Entity |
Revenue
(R+/R-) Expenditure
(E+/E-) |
Magnitude |
|
A. On issuing agency: |
|
|
|
Department of Housing and Community Development |
(E+) |
Indeterminable |
|
B. On other State agencies: |
NONE |
|
|
C. On local governments: |
|
|
|
Local governments |
(R+) |
Indeterminable |
|
|
Benefit
(+) Cost
(-) |
Magnitude |
|
D. On regulated industries or trade groups: |
NONE |
|
|
E. On other industries or trade groups: |
NONE |
|
|
F. Direct and indirect effects on public: |
|
|
|
Public |
(+) |
Indeterminable |
III. Assumptions. (Identified by Impact Letter and Number from Section II.)
A. The Maryland Department of Housing and Community Development would require one grade 17, step 9 project manager to administer the Program.
C. Local governments may benefit from increased revenue associated with improvements to business facades and facilities funded with support from the Program. However, the magnitude of the benefit cannot be determined.
F. The public will benefit from improved physical appearance of business facades and facilities, as well as increased economic activity and local revenue associated with improvements to business facades and facilities. However, the magnitude of this benefit cannot be determined.
Economic Impact on Small Businesses
The proposed action has minimal or no economic impact on small businesses.
Impact on Individuals with Disabilities
The proposed action has an impact on individuals with disabilities as follows:
Improvements to business façades and facilities that improve accessibility, such as improvements to doorways and ramps are eligible expenses under the Program. As a result, the Program may have a positive impact on persons with disabilities. However, the magnitude of the impact cannot be estimated.
Opportunity for Public Comment
Comments may be sent to John Papagni, Program Officer of the Division of Neighborhood Revitalization, Department of Housing and Community Development, 7800 Harkins Road, Lanham, MD 20706, or call 301-429-7670, or email to john.papagni@maryland.gov. Comments will be accepted through March 11, 2024. A public hearing has not been scheduled.
.01 Purpose.
The purpose of this chapter
is to prescribe the policies and procedures for administering the Business Facade
Improvement Program Fund to assist qualified businesses with improving the
outside appearance of buildings and facilities.
.02 Definitions.
A. In this chapter, the
following terms have the meanings indicated.
B. Terms Defined.
(1) “Act” means Housing and
Community Development Article, Title 6, Subtitle 11, Annotated Code of
Maryland.
(2) “Application” means an
application to the Department as described in Regulation .04 of this chapter.
(3) “Business” means a
commercial or industrial enterprise.
(4) “Department” means the
Department of Housing and Community Development, a principal department of the
State.
(5) “Grant agreement” means
an agreement or agreements between the Department and a grantee to implement
one or more projects.
(6) “Grantee” means a
political subdivision that receives funds under the Program.
(7) “Local project” means a
project to improve the outside appearance of a qualified business’s building or
facility.
(8) “Political subdivision”
means a county of the State, Baltimore City, or a municipal corporation of the
State.
(9) “Program” means the
Business Façade Improvement Program established under the provisions of the
Act.
(10) “Project” means a
program submitted by a political subdivision to the Department for approval in
accordance with the Act and this chapter that describes the process for
qualified businesses to apply to the political subdivision for funding for
local projects.
(11) “Qualified business”
means a business that is located in a sustainable community and submits an
application to a grantee to fund a local project.
(12) “Secretary” means the
Secretary of Housing and Community Development.
(13) “Sustainable community”
means the part of a priority funding area that has been designated a
sustainable community under Housing and Community Development Article, §6-205,
Annotated Code of Maryland.
.03 Eligible Applicants and
Uses.
A. A grantee shall meet the
following minimum requirements:
(1) Be a political
subdivision;
(2) Not have defaulted on any
prior financial assistance from the Department;
(3) Not be currently barred
or suspended from any of the Department’s programs;
(4) Have at least one
sustainable community; and
(5) Submit an application to
the Department in accordance with the Act and this chapter.
B. Grants may be used to
implement projects approved by the Department.
.04 Applications.
A. Applications for grants
shall be accepted in one or more competitive rounds to be announced by the
Department annually or as otherwise set forth in the Program guidelines.
B. An application submitted
to the Department shall:
(1) Be on standard forms
prescribed by the Department;
(2) Be submitted by a
political subdivision;
(3) Identify the sustainable
communities within its jurisdiction;
(4) State the amount of grant
requested;
(5) Provide a comprehensive
description of the:
(a) Application process for
qualified businesses seeking to participate in the Program;
(b) Criteria for rating
qualified businesses that apply for grants; and
(c) Criteria for awarding
grants to qualified businesses;
(6) Provide a budget, in a
form acceptable to the Department, that at a minimum shows anticipated project
costs and expenses and anticipated sources of project revenue;
(7) Propose benchmarks for
evaluating whether the proposed project results in a desired outcome such as
community stabilization or reversing the social, economic, and physical decline
of the sustainable community in which the project is located;
(8) Describe any public input
the applicant has received on the proposed project, including the nature and
extent of the public support for or in opposition to the proposed project;
(9) Demonstrate:
(a) That, upon completion,
the local projects will be in compliance with all applicable zoning
requirements and standards as well as the applicable building code of the local
jurisdiction in which the local project is located; and
(b) The ability of the
qualified business to gain site control of the local project through ownership,
leasehold interest, contract, option, or other written agreement satisfactory
to the Department;
(10) Demonstrate that the
project can be completed within the time period of the grant agreement, as
determined by the Department;
(11) Describe whether
historic properties or districts will be impacted and how the qualified
businesses will comply with the requirements of State Finance and Procurement
Article, §§5A-325—5A-326, and Financial Institutions Article, §13-1112(b),
Annotated Code of Maryland; and
(12) Include other
information or documentation the Department may require.
C. An application for a grant
may be submitted to fund one or more projects.
D. An applicant may file one
or more applications in accordance with schedules established by the
Department.
.05 Application Processing.
A. The Department shall
determine whether information required under Regulation .04 of this chapter is
contained in the application.
B. All complete applications
will be competitively evaluated by the Department on a point basis, which shall
include the following criteria:
(1) Capacity of the applicant
to carry out the project;
(2) Community context;
(3) Public purpose;
(4) Leveraging and
cost-effectiveness;
(5) Geographic distribution;
(6) Unique or time-sensitive
projects;
(7) Revitalization needs of
the community;
(8) Economic development and
revitalization opportunities created by the project; and
(9) Other factors established
by the Department in the competitive round announcement.
C. The Department, in its
discretion, may:
(1) Accept public input on an
application;
(2) Request from the
applicant additional information concerning an application, including oral
presentations; and
(3) Refer the application to
other State agencies, as the Department considers appropriate, to undertake the
analysis of the application.
D. Upon the Department’s
completion of the review and scoring of the applications, the Department shall
make a recommendation to the Secretary on the applications.
E. Upon receipt of the
Department's recommendation, the Secretary:
(1) May request additional
information from the applicant or Department concerning the application,
including oral presentations; and
(2) Shall act on the
application by approving it, disapproving it, or approving it with
modifications.
F. If the Secretary
determines not to approve all or part of an application, the Department shall
issue a written notice of denial.
G. Reconsideration.
(1) An applicant may request
initial reconsideration of a denial by submitting a written request to the
Department, which shall be received by the Department within 30 days following
the date of the denial notice.
(2) The request for
reconsideration shall address each reason for the denial and provide documentation
supporting reasons for reconsideration of the application.
(3) The Department shall
respond in writing to the applicant's request for reconsideration within 90
days of receipt by the Department of the request for reconsideration.
(4) An initial decision or
reconsideration of a decision is not a contested case within the meaning of the
Administrative Procedure Act or COMAR 05.01.01.02.
.06 Books and Accounts.
A. A recipient of financial
assistance and the recipient’s contractors and subcontractors shall maintain
the books, accounts, and records and shall file with the Department the
financial and other reports the Department may from time to time require.
B. All of these books,
accounts, and records shall be open to the inspection of representatives of the
Department or other agencies of the State during reasonable working hours.
C. Books, accounts, and
records of designated third parties, contractors, and subcontractors shall be
maintained and made available for inspection for 3 years past the date of
termination of the contractual relationship between a contractor or subcontractor
and a recipient of financial assistance.
D. A recipient of financial
assistance shall submit reports to the Department on the progress or
implementation of a project in accordance with an agreement with the
Department.
.07 Nondiscrimination; Drug
and Alcohol Free Workplace.
A. A recipient of financial
assistance may not discriminate on the basis of race, color, religion, national
origin, sex, marital status, physical or mental disability, sexual orientation,
or age, except with regard to age as permitted under the federal Housing for
Older Persons Act, as amended from time to time, or other similar federal laws,
in any aspect of the Program, or in any aspect of employment by any recipient
of financial assistance in connection with any project financed or assisted
under the Program.
B. A recipient of financial
assistance shall comply with all applicable federal, State, and local laws and
Department policies and programs regarding discrimination and equal opportunity
in employment, housing, credit practices, and drug and alcohol free workplaces,
including:
(1) Titles VI and VII of the
Civil Rights Act of 1964, as amended;
(2) Title VIII of the Civil
Rights Acts of 1968, as amended;
(3) The Fair Housing
Amendments Act of 1988, as amended;
(4) State Government Article,
Title 20, Annotated Code of Maryland, as amended;
(5) The Department’s Minority
Business Enterprise Program, as amended;
(6) The Governor’s Executive
Order 01.01.1989.18, Drug and Alcohol Free Workplace, and any Department or
State regulations adopted or to be adopted to carry out the requirements of
that Order; and
(7) The Americans with
Disabilities Act of 1990, as amended.
C. Covenants implementing
these requirements, including affirmative action measures, shall be included in
appropriate agreements between the Department and the recipient of financial
assistance.
.08 Waiver.
The Secretary may waive or
vary provisions of this chapter to the extent that the waiver or variance is
consistent with the Act and if, in the written determination of the Secretary,
the application of a regulation in a specific case or in an emergency situation
would be inequitable or contrary to the purposes of the Act.
.09 False Statements.
A. An individual may not
knowingly make or cause to be made a false statement or report in any document
required to be furnished to the Secretary or the Department by a grant
agreement or any other document relating to financial assistance.
B. An individual applying for
or benefitting from a grant agreement under the Program may not knowingly make
or cause to be made a false statement or report for the purpose of influencing
the action of the Secretary or the Department on an application or for the
purpose of influencing the action of the Secretary or Department affecting
financial assistance already provided.
C. An individual who violates
§A of this regulation is subject to immediate cancellation or acceleration of
the financial assistance provided by the Program and any other penalties
authorized by law.
JACOB DAY
Secretary of
Housing and Community Development
Title 10
MARYLAND DEPARTMENT OF HEALTH
Subtitle 09 MEDICAL CARE PROGRAMS
10.09.16 Behavioral
Health Crisis Services
Authority: Health-General Article, §§2-104(b), 2-105(b), 15-103,
and 15-105, Annotated Code of Maryland
Notice of Proposed Action
[23-339-P]
The Secretary of Health proposes to adopt new Regulations .01—.12 under a new chapter, COMAR 10.09.16 Behavioral Health Crisis
Services. At this time, the Secretary of Health also withdraws the
amendments to Regulations .01—.13
under a new chapter, COMAR 10.09.16
Behavioral Health Crisis Services that were proposed in 50:4 Md. R. 136—139
(February 24, 2023).
Statement of Purpose
The purpose of this action is to:
(1) Implement Maryland Medicaid’s coverage of behavioral health crisis services;
(2) Establish mobile crisis team and behavioral health crisis stabilization center services; and
(3) Codify the coverage, requirements, and reimbursement procedures for these two new benefits.
Estimate of Economic Impact
I. Summary of Economic Impact. For fiscal year 2024, the Department estimates total expenditures of $11,963,983 for crisis stabilization center services and $8,782,653 for mobile crisis team services; the total magnitude of this proposal is $20,746,636.
II. Types of Economic Impact.
|
Impacted Entity |
Revenue
(R+/R-) Expenditure
(E+/E-) |
Magnitude |
|
A. On issuing agency: |
|
|
|
Maryland Medicaid |
(E+) |
$20,746,636 |
|
B. On other State agencies: |
NONE |
|
|
C. On local governments: |
NONE |
|
|
|
|
|
|
|
Benefit
(+) Cost
(-) |
Magnitude |
|
D. On regulated industries or trade groups: |
|
|
|
Maryland Medicaid BH crisis services providers |
(+) |
$20,746,636 |
|
E. On other industries or trade groups: |
NONE |
|
|
F. Direct and indirect effects on public: |
NONE |
|
III. Assumptions. (Identified by Impact Letter and Number from Section II.)
A. This amount assumes the following.
(1) The Department anticipates implementation of services in January 2024.
(2) For the anticipated expenditures associated with mobile crisis teams beginning January 2024:
(a) The Department expects 34 mobile crisis teams to be operating in fiscal year 2024 with a projected total Medicaid cost of $8,782,653.
(b) This amount is subject to an enhanced federal match of 85 percent ($7,465,255 in federal funds; $1,317,398 in general funds).
(3) For the anticipated expenditures associated with crisis stabilization centers beginning January 2024:
(a) The Department estimates that 14 crisis stabilization centers will be operating statewide in FY2024 with a total Medicaid cost of $11,963,983.
(b) This amount is subject to a 63.02 percent blended federal match ($7,539,7023 federal funds; $4,424,281 general funds).
(4) The combined total of these services for Fiscal Year 2024 is $20,746,636.
D. See A. above.
Economic Impact on Small Businesses
The proposed action has a meaningful economic impact on small
businesses. An analysis of this economic impact follows:
To the extent that providers are small businesses and are eligible to enroll in Maryland Medicaid to provide these services, providers may receive a portion of the increased $20,746,636 in revenue.
Impact on Individuals with Disabilities
The proposed action has an impact on individuals with disabilities as follows:
The proposed action implements coverage for two new services. To the extent that individuals with disabilities utilize mobile crisis teams and crisis stabilization center services, they may benefit from the new service coverage.
Opportunity for Public Comment
Comments may be sent to Jourdan Green, Director, Office of Regulation and Policy Coordination, Maryland Department of Health, 201 West Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY 800-735-2258), or email to mdh.regs@maryland.gov. Comments will be accepted through March 11, 2024. A public hearing has not been scheduled.
.01 Definitions.
A. In this chapter, the following terms have the meanings
indicated.
B. Terms Defined.
(1) “Administrative Services Organization (ASO)” means the
contractor procured by the State to provide the Department with administrative
support services to operate the Maryland Public Behavioral Health System.
(2) “Behavioral Health Administration (BHA)” means the
administration within the Department that establishes regulatory requirements
for behavioral health programs are to maintain in order to become licensed by
the Department.
(3) “Core Service Agency” means the local mental health
authority responsible for planning, managing, and monitoring public mental
health services at the local level.
(4) “Crisis” means the experience of stress, emotional or
behavioral symptoms, difficulties with substance use, or a traumatic event that
compromises an individual’s ability to function within their current family and
living situation, school, workplace, or community, as defined by the individual
experiencing the crisis.
(5) “Crisis intervention” means the ability to perform or
provide crisis assessment, crisis de-escalation, psychoeducation, brief
behavioral support, and referral and linkage to appropriate services and
supports.
(6) “Department” means the Maryland Department of Health, as
defined in COMAR 10.09.36.01, or its authorized agents acting on behalf of the
Department.
(7) “Licensed mental health professional” means a:
(a) Psychiatrist;
(b) Licensed psychologist;
(c) Psychiatric nurse practitioner (CRNP-PMH);
(d) Clinical nurse specialist in psychiatric and mental health
nursing (APRN-PMH);
(e) Licensed certified social worker-clinical (LCSW-C);
(f) Licensed clinical alcohol and drug counselor (LCADC);
(g) Licensed clinical marriage and family therapist (LCMFT);
(h) Licensed clinical professional art therapist (LCPAT);
(i) Licensed clinical professional counselor (LCPC); or
(j) Properly supervised:
(i) Licensed master social worker (LMSW);
(ii) Licensed graduate alcohol and drug counselor (LGADC);
(iii) Licensed graduate marriage and family therapist (LGMFT);
(iv) Licensed graduate professional art therapist (LGPAT);
(v) Licensed graduate professional counselor (LGPC);
(vi) Licensed certified social worker (LCSW); or
(vii) Psychology associate.
(8) "Medical Assistance" has the meaning stated in
COMAR 10.09.24.02.
(9) "Medically necessary" has the meaning stated in
COMAR 10.09.36.01.
(10) “Participant” means an individual who is certified as
eligible for, and is receiving, medical assistance benefits.
(11) “Program” has the meaning stated in COMAR 10.09.36.01.
(12) “Provider” means an organization or an individual
practitioner furnishing the services covered under this chapter which, through
appropriate agreement with the Department, has been identified as a Program
provider by the issuance of a provider account number.
To participate in the Program, a provider shall meet the license
requirements stated in COMAR 10.09.36.02, 10.63.01.05, and 10.63.02.03.
.03 Provider Requirements for Participation.
A. A provider shall meet all conditions for participation as set
forth in COMAR 10.09.36.03.
B. To participate in the Program, a provider of behavioral
health crisis services shall:
(1) Meet the conditions for licensure and practice as set forth
in COMAR 10.63.01, 10.63.02, and 10.63.06;
(2) Have clearly defined and written patient care policies;
(3) Maintain, either manually or electronically, adequate
documentation of each contact with a participant as part of the medical record,
which, at a minimum, meets the following requirements:
(a) Includes the date of service with service start and end
times;
(b) Includes the participant’s primary behavioral health
complaint or reason for the visit;
(c) Includes a brief description of the service provided,
including progress notes;
(d) Includes an official e-Signature, or a legible signature,
along with the printed or typed name, and appropriate title of each individual
providing services, including each separate member of the mobile crisis team;
(e) Is made available to the Department or its designee as
requested; and
(f) Complies with all federal statutes and regulations,
including the Health Insurance Portability and Accountability Act, 42 U.S.C.
§1320D et seq., and implementing regulations at 45 CFR Parts 160 and 164.04.
C. To participate in the Program, a mobile crisis team provider
shall:
(1) Comply with COMAR 10.63.03.20;
(2) Be available to provide services outlined in Regulation .05
of this chapter 24 hours a day, 7 days a week;
(3) Provide a timely response with a two-person team as
described in COMAR 10.63.03.20;
(4) Comply with staffing and supervision requirements as
described in COMAR 10.63.03.20F; and
(5) Ensure all crisis team staff members receive training as required and approved
by the Department.
D. To participate in the Program, a behavioral health crisis
stabilization center provider shall:
(1) Comply with COMAR 10.63.03.21;
(2) Be open and accessible to walk-ins 24 hours a day, 7 days a
week;
(3) Comply with the staffing requirements described in COMAR
10.63.03.21E;
(4) Maintain the ability to initiate withdrawal management
capabilities for all substances as well as initiate medication assisted
treatment for opioid use disorder; and
(5) Equally accept individuals presenting due to an emergency
petition and individuals presenting voluntarily.
A. A participant is eligible for mobile crisis team services and
behavioral health crisis stabilization center services if they are experiencing
a crisis as defined in Regulation .01 of this chapter.
B. A participant is eligible for behavioral health crisis
services if the service is appropriate to the specific provider type listed in
Regulation .05 of this chapter.
A. The Department shall reimburse for the services in §§B—C of
this regulation when these services have been documented, pursuant to the
requirements in this chapter, as necessary.
B. Mobile crisis team services shall:
(1) Comply with COMAR 10.63.03.20;
(2) Consist of an in-person response by at minimum a two-person
team;
(3) Include an initial assessment by a licensed mental health professional,
which may be rendered via telehealth only when the licensed mental health
professional functions as a third team member;
(4) Involve the following interventions and objectives:
(a) Crisis intervention and stabilization of the individual’s
behavioral health crisis;
(b) Safety planning; and
(c) Referrals to community supports, including behavioral health
providers, health providers, or social and other services; and
(5) Include mobile crisis follow-up outreach by means of
telephone, telehealth, or in-person contact with the individual served or
family member and referred providers, if applicable.
C. Behavioral health crisis stabilization center services shall:
(1) Comply with COMAR 10.63.03.21;
(2) Consist of an initial nursing assessment and physical exam
by a registered nurse in collaboration with a physician or psychiatric nurse
practitioner;
(3) Include an initial evaluation by an approved physician or
psychiatric nurse practitioner in accordance with COMAR 10.63.03.21G;
(4) Include a crisis assessment completed by a licensed mental
health professional; and
(5) Involve the following interventions and objectives:
(a) Crisis intervention and stabilization of the individual’s
behavioral health crisis;
(b) Safety planning;
(c) Pharmacological interventions, including the ability to
initiate withdrawal management capabilities for all substances, and initiate
medications for medication assisted treatment for opioid use disorder; and
(d) Referrals to community-based services or to higher levels of
care as clinically indicated.
A. The Program does not cover the following:
(1) Services not delivered in compliance with Regulation .05 of
this chapter;
(2) Services not medically necessary;
(3) Investigational or experimental drugs and procedures;
(4) Services solely for the purpose of:
(a) Prescribing medication;
(b) Administering medication;
(c) Drug or supply pick-up;
(d) Collecting laboratory specimens;
(e) Interpreting laboratory tests or panels; or
(f) Administering injections;
(5) Separate reimbursement to an employee of a program for
services that have been provided by and reimbursed directly to a program;
(6) Services provided to or for the primary benefit of
individuals other than the participant;
(7) Mobile crisis team services rendered by telehealth with the
exception of those specified as permissible via telehealth in Regulation .05 of
this chapter;
(8) Behavioral health crisis stabilization center services
rendered by telehealth with the exception of those specified in COMAR
10.63.03.21;
(9) Non-emergency services not authorized by the ASO;
(10) Services provided to participants in a hospital inpatient
setting; and
(11) Services rendered but not appropriately documented.
B. Providers may not be reimbursed by the Program for:
(1) Behavioral health crisis stabilization center services
exceeding 23 hours 59 minutes;
(2) Presumptive and definitive drug testing when billed by a
behavioral health crisis stabilization center; or
(3) Transportation costs.
A. General policies governing payment procedures that are
applicable to all providers are set forth in COMAR 10.09.36.04.
B. Billing time limitations for claims submitted under this
chapter are set forth in COMAR 10.09.36.06.
C. Rates for the services outlined in this chapter shall be as
follows:
(1) For services outlined in this regulation as delivered
through a mobile crisis team:
(a) Mobile crisis team services – $111.80 per 15-minute unit
increment; and
(b) Mobile crisis follow-up outreach – $111.80 per 15-minute
unit increment.
(2) For services outlined in this regulation as delivered
through a behavioral health crisis stabilization center:
(a) Behavioral health crisis stabilization services – $721.21
per diem; and
(b) Office-based evaluation and management services, according to COMAR 10.09.02.07D.
.08 Recovery and Reimbursement.
Recovery and reimbursement are as set forth in COMAR
10.09.36.07.
.09 Cause for Suspension or Removal and Imposition of Sanctions.
Cause for suspension or removal and imposition of sanctions are
as set forth in COMAR 10.09.36.08.
.10 Appeal Procedures for Providers.
Appeal procedures for providers are as set forth in COMAR
10.09.36.09.
.11 Appeal Rights — Denial of Services.
Appeal procedures for applicants and participants are as set
forth in COMAR 10.01.04.
State regulations are interpreted as set forth in COMAR
10.09.36.10.
LAURA HERRERA SCOTT
Secretary of Health
Subtitle 09 MEDICAL CARE PROGRAMS
Authority: Health-General Article, §§2-104(b), 7.5-204, 7.5-205(d), 7.5-402, 8-204(c),15-103(a)(1), and 15-105(b), Annotated Code of Maryland
Notice of Proposed Action
[23-344-P]
The Secretary of Health proposes to amend Regulation .09 under COMAR 10.09.33 Health Homes.
Statement of Purpose
The purpose of this action is to update the listed provider reimbursement rate to the 3 percent increased rate, effective for Fiscal Year 2024, pursuant to House Bill 200 Fiscal Year 2024 Budget (2023).
Estimate of Economic Impact
I. Summary of Economic Impact. The budget for Fiscal Year 2024 includes a 3 percent rate increase. The total fiscal impact of this rate increase on health home services is $324,684.
II. Types of Economic Impact.
|
Impacted Entity |
Revenue
(R+/R-) Expenditure
(E+/E-) |
Magnitude |
|
|
|
A. On issuing agency: |
|
|
|
|
|
Maryland Department of |
(E+) |
$324,684 |
|
|
|
B. On other State agencies: |
NONE |
|
|
|
|
C. On local governments: |
NONE |
|
|
|
|
|
|
|
|
|
|
|
Benefit
(+) Cost
(-) |
Magnitude |
||
|
D. On regulated industries or trade groups: |
|
|
||
|
Maryland Medicaid health home providers |
(+) |
$324,684 |
||
|
E. On other industries or trade groups: |
NONE |
|
||
|
F. Direct and indirect effects on public: |
NONE |
|
||
III. Assumptions. (Identified by Impact Letter and Number from Section II.)
A. This amount assumes:
(1) The estimated economic impacts of the proposed action are based on FY 2022 program expenditures and FY 2023 projected expenditures.
(2) Health home service utilization will remain consistent in Fiscal Year 2024.
(3) The Fiscal Year 2024 impact is the difference in projected expenditures for FY 2023 ($10,822,803) and FY 2024 ($11,147,487).
(4) This amount is subject to a 50 percent federal match, utilizing 50 percent federal funds ($162,342) and 50 percent general funds ($162,342).
D. See A. above.
Economic Impact on Small Businesses
The proposed action has a meaningful economic impact on small
businesses. An analysis of this economic impact follows:
Maryland Medicaid health home providers may benefit from a 3 percent rate increase.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with disabilities.
Opportunity for Public Comment
Comments may be sent to Jourdan Green, Director, Office of Regulation and Policy Coordination, Maryland Department of Health, 201 West Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY 800-735-2258), or email to mdh.regs@maryland.gov. Comments will be accepted through March 11, 2024. A public hearing has not been scheduled.
.09 Payment Procedures.
A.—B. (text unchanged)
C. The Department shall reimburse according to the following fee schedule:
(1) For dates of service from [January 1, 2021] July
1, 2022, through June 30, [2022] 2023, at a monthly
rate of [$118.61] $127.21 per participant; and
(2) Effective July 1, [2022] 2023, at a monthly rate of [127.21] $131.03 per participant.
LAURA HERRERA SCOTT
Secretary of Health
Subtitle 09 MEDICAL CARE PROGRAMS
10.09.44 Programs of All-Inclusive Care for the Elderly (PACE)
Authority: Health-General Article, §§15-103 and 15-105, Annotated Code of Maryland
Notice of Proposed Action
[23-333-P]
The Secretary of Health proposes to amend Regulations .01, .15, .21, and .23 under COMAR 10.09.44 Programs of All-Inclusive Care for the Elderly (PACE).
Statement of Purpose
The purpose of this action is to list the annual provider rates to be paid to PACE providers pursuant to the State Plan Amendment approved by the Centers for Medicare and Medicaid Services (CMS) and add reporting requirements and sanctions for PACE providers to regulations.
Estimate of Economic Impact
I. Summary of Economic Impact. The total fiscal impact is estimated to be $414,579 for Fiscal Year 2024.
II. Types of Economic Impact.
|
Impacted Entity |
Revenue
(R+/R-) Expenditure
(E+/E-) |
Magnitude |
|
A. On issuing agency: |
|
|
|
Maryland Department of |
(E+) |
$414,579 |
|
B. On other State agencies: |
NONE |
|
|
C. On local governments: |
NONE |
|
|
|
|
|
|
|
Benefit
(+) Cost
(-) |
Magnitude |
|
D. On regulated industries or trade groups: |
|
|
|
PACE providers |
(+) |
$414,579 |
|
E. On other industries or trade groups: |
NONE |
|
|
F. Direct and indirect effects on public: |
NONE |
|
III. Assumptions. (Identified by Impact Letter and Number from Section II.)
A. This amount assumes:
(1) Estimated magnitude is based upon expected enrollment in Fiscal Year 2024 in the PACE Organization operating in Maryland (a total of 155 individuals (124 Duals aged 65+, 9 Medicaid only aged 65+, 11 Duals under age 65, and 11 Medicaid only duals).
(2) This organization is based in the Baltimore region. The difference between the Fiscal Year 2023 and Fiscal Year 2024 rates for this estimated enrollment is $414,579.
(3) This amount is subject to a blended federal match, utilizing 50 percent federal match ($207,289) and 50 percent general funds ($207,289).
D. See A above.
Economic Impact on Small Businesses
The proposed action has minimal or no economic impact on small businesses.
Impact on Individuals with Disabilities
The proposed action has an impact on individuals with disabilities as follows:
The proposed rate increase and more robust reporting requirements will result in individuals with disabilities receiving higher quality services through the PACE Program.
Opportunity for Public Comment
Comments may be sent to Jourdan Green, Director, Office of Regulation and Policy Coordination, Maryland Department of Health, 201 West Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY 800-735-2258), or email to mdh.regs@maryland.gov. Comments will be accepted through March 11, 2024. A public hearing has not been scheduled.
.01 Definitions.
A. (text unchanged)
B. Terms Defined.
(1) “Amount that would otherwise have been paid (AWOP)” means
the amount the Program expects to have paid for services for a PACE participant
under the State Plan had the participant not enrolled under the PACE program.
[(1)] (2)—[(38)] (39) (text unchanged)
.15 Reports and Data Collection.
A. The PACE provider shall collect and submit to the Department service-specific encounter data by service type in the format and at the frequency and level of detail designated by the Department and in conformance with the Department's computer coding requirements.
B. Encounter data submitted by PACE providers under §A of this
regulation shall include, at a minimum:
(1) Participant and provider identifying information;
(2) Service, procedure, and diagnosis codes;
(3) Allowed, paid, and third-party liability amounts; and
(4) Service, claims submission, adjudication, and payment dates.
[B.] C.—[D.] E. (text unchanged)
[E.] F. Quarterly Reports. A PACE provider shall submit to the Department quarterly, within 30 days of the close of each calendar quarter, and in a format designated by the Department:
(1) (text unchanged)
(2) Quality assurance reports including, but not limited to,
quality assurance committee meeting minutes reflecting major quality assurance
corrective action plans, initiatives, and activities; [and]
(3) Grievance reports, including emergency room based grievances, as specified in Regulation .19 of this chapter, that contain at a minimum:
(a) An analysis of participant appeal and grievance records;
(b) Identification of significant trends or anomalies;
(c) The root causes of the trend or anomaly; and
(d) Actions taken to address the trend or anomaly;
(4) A list of all pre-service denials or reduction of services
or benefits issued by the PACE provider or subcontractors during the preceding
quarter; and
(5) A report of the PACE provider’s participant advisory
committee outlining the committee’s activities and recommendations.
F. Annual Reports. The PACE provider shall submit to the Department annually, within 90 days after the end of the calendar year:
(1)—(3) (text unchanged)
(4) On-site proof that the PACE provider has obtained adequate insurance coverage, issued by an insurer authorized by the Maryland Insurance Administration to engage in the insurance business in the State, to protect its financial viability, and its ability to carry out its PACE program agreement obligations, including at a minimum:
(a)—(b) (text unchanged)
(c) Workers’ compensation, fire, theft, casualty, and other
coverage as required by State and local laws; [and]
(5) A proposed budget and financial plan for the PACE provider’s operation, including:
(a)—(c) (text unchanged)
(d) A statement of policy and procedures for accounting, capitation collection, methods of reimbursing providers and contractors, and method of payment for emergency and out-of-area claims[.]; and
(6) Financial monitoring reports, including any supplemental
schedules required by the Department, prepared according to the criteria and
reporting instructions and in the format and pursuant to the schedule required
by the Department.
G. (text unchanged)
.21 Payment
Rates and Procedures.
A. The Department shall:
(1) Pay the PACE provider for each participant based on the fixed capitation payment or payments specified [in the provider agreement for the PACE provider benefit package] in §E of this regulation; and
(2) Calculate the [PACE provider’s] capitation payment or payments [as a percentage of the cost to the program specified in the provider agreement of providing the same benefit package on a fee-for-service basis to an actuarially equivalent non-enrolled group of recipients] for the PACE provider using the methodology described in §B of this regulation.
B. Calculation of PACE Capitation Payments.
(1) PACE capitation payments are calculated on a per-member
per-month basis.
(2) Capitation payments are specific to both the regional
service area, as described in §C of this regulation, and the participant age
and coverage status, as described in §D of this regulation.
(3) Capitation payments are calculated using an AWOP analysis,
which is determined using a base period of Medicaid fee for service participant
data that:
(a) Spans two State fiscal years;
(b) Is specific to the PACE eligible population;
(c) Is weighted by the expected ratio of participants receiving
long-term care services in institutional and community-based settings; and
(d) Excludes participants enrolled in the following programs:
(i) Medicaid managed care programs;
(ii) PACE; and
(iii) Home and community-based services waivers operated by the
Developmental Disabilities Administration.
(4) The Department shall set the PACE capitation rate as 98
percent of the calculated AWOP.
(5) The Department shall recalculate PACE capitation rates
annually by trending forward the base period by 1 year.
(6) No adjustments for administrative costs associated with PACE
are included, and certain categories of costs not associated with a
PACE-eligible, nursing facility-certified population are excluded from the
claims data.
C. Capitation rates shall be categorized by regional service
area as follows:
(1) Baltimore Metro — Baltimore City and Anne Arundel,
Baltimore, Carroll, Cecil, Harford, and Howard counties;
(2) Washington Metro — Calvert, Charles, Frederick, Montgomery,
Prince George’s, and St. Mary’s counties; and
(3) Rural Regions — Allegany, Caroline, Dorchester, Garrett,
Kent, Queen Anne’s, Somerset, Talbot, Washington, Wicomico, and Worcester counties.
D. Capitation rates shall be categorized by participant age and
coverage status as follows:
(1) Ages 55—64, Medicaid-only;
(2) Ages 65 and over, Medicaid-only;
(3) Ages 55—64, dual eligibility; and
(4) Ages 65 and over, dual eligibility.
E. For services provided on or after January 1, 2023, the
Department shall pay the PACE provider at the following per-member per-month
capitation rates:
|
Category/Region |
Baltimore |
Washington |
Rural |
|
55—64 Medicaid only |
$8,570 |
$8,445 |
$6,107 |
|
55—64 full dual |
$4,937 |
$4,865 |
$3,518 |
|
65+ Medicaid only |
$6,263 |
$6,172 |
$4,463 |
|
65+ full dual |
$4,492 |
$4,427 |
$3,201 |
[B.] F.—[G.] K. (text unchanged)
.23 Cause for Suspension or Removal and Imposition of Sanctions.
A. Cause for suspension or removal and imposition of sanctions under this chapter are set forth in COMAR 10.09.36.08.
B. If the Department
determines that a provider, any agent or employee of the provider, or any
person with an ownership interest in the provider or related party of the
provider has failed to comply with applicable federal or State laws or
regulations, the Department may:
(1) Impose one or more of the actions under COMAR 10.09.36.08A;
and
(2) Suspend the PACE provider’s ability to enroll new
participants.
LAURA HERRERA SCOTT
Secretary of Health
Notice of Proposed Action
[23-329-P]
The Secretary of Health proposes to:
(1) Adopt new Regulations .01—.09 under a new chapter, COMAR 10.09.64 Collaborative Care Model;
(2) Amend Regulation .01 under COMAR 10.67.01 Maryland Medicaid Managed Care Program: Definitions; and
(3) Amend Regulation .26 under COMAR 10.67.06
Maryland Medicaid Managed Care Program: Benefits.
Statement of Purpose
The purpose of this action is to establish regulations governing the provision of the collaborative care model in accordance with Ch. 285 (H.B. 48), Acts of 2023, and implement the collaborative care model (CoCM) Statewide.
Estimate of Economic Impact
I. Summary of Economic Impact. The annual fiscal impact of this new initiative is estimated to be $20,900,000 in Fiscal Year (FY) 2024, with costs increasing incrementally each year thereafter. As MDH already covers the Collaborative Care Model in certain locations through an 1115 waiver, the additional costs will be for expansion Statewide.
II. Types of Economic Impact.
|
Impacted Entity |
Revenue
(R+/R-) Expenditure
(E+/E-) |
Magnitude |
|
A. On issuing agency: |
|
|
|
Maryland Department of |
(E-) |
$15,623,762 |
|
B. On other State agencies: |
NONE |
|
|
C. On local governments: |
NONE |
|
|
|
|
|
|
|
Benefit
(+) Cost
(-) |
Magnitude |
|
D. On regulated industries or trade groups: |
|
|
|
Primary care providers |
(+) |
$15,623,762 |
|
E. On other industries or trade groups: |
NONE |
|
|
F. Direct and indirect effects on public: |
NONE |
|
III. Assumptions. (Identified by Impact Letter and Number from Section II.)
A. The amount assumes:
(1) For dates of service beginning October 1, 2023, Medicaid will begin reimbursing for collaborative care services Statewide. Presently, Medicaid only covers these services at a limited number of pilot sites.
(2) The estimated number of participants who will be eligible for Collaborative Care services is 46,560. However, based on a 2021 analysis, the Department assumed that only 58 percent of eligible participants would go on to enroll in Collaborative Care Services. Therefore, the Department estimates that 27,005 participants would actually receive Collaborative Care services, and all estimates use this figure. This number includes all participants in FY24, including those who may still be enrolled in the model from FY23.
(3) The estimated cost per person is $775.30.
(4) The total impact of this new benefit in FY 2024 is estimated to be $16,200,000.
(5) The subtraction of the $550,000 currently allocated for the existing Collaborative Care Pilot Program.
(6) This amount is subject to a 61.7 percent federal match ($10,000,000 federal funds and $6,200,000 general funds) in FY24.
D. See A above.
Economic Impact on Small Businesses
The proposed action has minimal or no economic impact on small businesses.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with disabilities.
Opportunity for Public Comment
Comments may be sent to Jourdan Green, Director, Office of Regulation and Policy Coordination, Maryland Department of Health, 201 West Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY 800-735-2258), or email to mdh.regs@maryland.gov. Comments will be accepted through March 11, 2024. A public hearing has not been scheduled.
Subtitle 09 MEDICAL CARE
PROGRAMS
10.09.64 Collaborative Care
Model
Authority:
Health-General Article, §15–141.1, Annotated Code of Maryland
.01 Definitions.
A. In this chapter,
the following terms have the meanings indicated.
B. Terms Defined.
(1) “Behavioral health
care manager” means a nurse, clinical social worker, or psychologist working
under the oversight and direction of the physician or other primary care
provider with formal education or specialized training to provide coordination
and intervention in behavioral health.
(2) “Collaborative
Care Model” means the Psychiatric Collaborative Care Model, a patient-centered,
evidence-based approach for integrating physical and behavioral health services
in primary care settings that includes:
(a) Care coordination
and management;
(b) Regular,
systematic monitoring and treatment using a validated clinical rating scale;
and
(c) Regular,
systematic psychiatric caseload reviews and consultation for patients who do
not show clinical improvement.
(3) “Federally qualified health center (FQHC)" means an entity as
defined by Health-General Article, §24-1301, Annotated Code of Maryland, and
§1905(l)(2)(B) of the Social Security Act.
(4) "Participant" means an individual who:
(a) Has been determined to meet the qualifications for services
under the Collaborative Care Model as specified in Regulation .04 of this
chapter; and
(b) Is enrolled with the Department to receive Medicaid
services.
(5) “Primary care provider
(PCP)” means a physician, advance practice nurse, or physician assistant who is
the primary coordinator of care for the participant, and whose responsibility
is to provide accessible, continuous, comprehensive, and coordinated health
services covering the full range of benefits required by the Maryland Medical
Assistance Program.
(6) “Program” means
the Maryland Medical Assistance Program
(7) “Psychiatric consultant”
means a licensed psychiatrist, psychiatric nurse practitioner, addiction
medicine specialist, or any other behavioral health medicine specialist as
allowed under federal regulations governing the model who is trained in
psychiatry and qualified to prescribe medication.
.02 Conditions for Participation.
A. A provider shall
meet all conditions for participation as set forth in COMAR 10.09.36.03.
B. A provider may not
knowingly employ or contract with a person, partnership, or corporation which
the Program has disqualified from providing or supplying services to Program
participants.
.03 Covered Services.
The Program covers
the following medically necessary services rendered to participants under the
Collaborative Care Model:
A. Care coordination
and management;
B. Regular,
systematic monitoring and treatment using a validated clinical rating scale;
and
C. Regular,
systematic psychiatric caseload reviews and consultation for patients who do
not show clinical improvement.
.04 Eligibility for Services.
Eligibility for
services under the Collaborative Care Model is limited to participants with one
of the following diagnoses:
A. Mild to moderate
anxiety or depression; or
B. Substance use
disorder.
.05 Limitations.
Under this chapter,
the Program does not cover the following:
A. Services not
specified in Regulation .03 of this chapter;
B. Services not
medically necessary;
C. Services
prohibited by the Maryland Nurse Practice Act or by the State Board of Nursing;
D. Advanced practice
nursing services included as part of the cost of:
(1) An inpatient
facility;
(2) A hospital
outpatient department; or
(3) A freestanding
clinic;
E. Visits by or to
the provider solely for the purpose of the following:
(1) Prescription,
drug, or food supplement pick-up;
(2) Recording of an electrocardiogram;
(3) Ascertaining the
patient’s weight;
(4) Interpretation of
laboratory tests or panels; or
(5) Prescribing or
administering medication;
F. Drugs and supplies
which are acquired by the provider at no cost;
G. Services paid
under the free-standing dialysis program as described in COMAR 10.09.22;
H. Prescriptions and
injections for central nervous system stimulants and anorectic agents when used
for weight control;
I. Acupuncture;
J. Hypnosis;
K. Travel expenses;
L. Investigational or
experimental drugs and procedures;
M. Services denied by
Medicare as not medically justified;
N. Specimen
collection, except by venipuncture and capillary or arterial puncture, as a
separate service;
O. Laboratory or
X-ray services performed by another facility, which shall be billed to the
Program directly by the facility; and
P. For certified
nurse midwives, a separate visit charge on date of delivery.
.06 Payment Procedures.
A. The provider shall
submit the request for payment of services rendered according to procedures
established by the Program and in the form designated by the Program.
B. The Program
reserves the right to return to the provider, before payment, all claims not
properly signed, completed, and accompanied by properly completed forms
required by the Program.
C. Unless the service
is free to the general public, the provider shall charge the Program the
provider’s customary charge to the general public for similar services.
D. If the service is
free to individuals not covered by Medicaid:
(1) The provider:
(a) May charge the
Program; and
(b) Shall be
reimbursed in accordance with §G of this regulation; and
(2) The provider’s
reimbursement is not limited to the provider’s customary charge.
E. The Program will
pay for covered services, the lesser of:
(1) The provider’s
customary charge to the general public unless the service is free to
individuals not covered by Medicaid; or
(2) The Program’s fee
schedule.
F. The provider may
not bill the Program or the participant for:
(1) Completion of forms
and reports;
(2) Broken or missed
appointments;
(3) Professional
services rendered by mail;
(4) Professional
services rendered via telehealth when services are indicated as an exclusion;
or
(5) Providing a copy
of a participant’s medical record when requested by another provider on behalf
of the participant.
G. Reimbursement.
(1) Providers may
bill one 60-minute or 70-minute code per month, and two additional 30-minute
codes per month, unless otherwise excepted in §G(2)or (3) of this regulation.
(2) FQHCs may bill once per month, using a separate FQHC
code.
(3) If the primary care team determines that the
participant’s condition requires more or less frequent visits than described
above, the care manager may order an alternate schedule.
(4) The Maryland Medical Assistance Program's procedures
for payment are contained in COMAR 10.09.02.07D.
.07 Recovery and Reimbursement.
Recovery and
reimbursement are as set forth in COMAR 10.09.36.07.
.08 Causes for Suspension or Removal and
Imposition of Sanctions.
Causes for suspension
or removal and imposition of sanctions are as set forth in COMAR 10.09.36.08.
.09 Appeal Procedures.
Providers filing
appeals from administrative decisions made in connection with these regulations
shall do so according to COMAR 10.09.36.09.
Subtitle 67 MARYLAND HEALTHCHOICE PROGRAM
10.67.01 Maryland Medicaid Managed Care Program: Definitions
Authority: Health-General Article, §§15-101 and 15-103(b), Annotated Code of Maryland
.01 Definitions.
A. (text unchanged)
B. Terms Defined.
(1)—(33) (text unchanged)
(33-1) “Collaborative Care Model” means the Psychiatric
Collaborative Care Model, a patient-centered, evidence-based approach for
integrating physical and behavioral health services in primary care settings
that includes:
(a) Care coordination and management;
(b) Regular, systematic monitoring and treatment using a
validated clinical rating scale; and
(c) Regular, systematic psychiatric caseload reviews and
consultation for patients who do not show clinical improvement.
(34)—(182) (text unchanged)
10.67.06 Maryland Medicaid Managed Care Program: Benefits
Authority: Health-General Article, Title 15, Subtitle 1, Annotated Code of Maryland
.26 Benefits — Primary
Mental Health Services.
A. An MCO shall provide to its enrollees
medically necessary primary mental health services, including appropriate
referrals for service to the Department’s behavioral health ASO as described in
COMAR 10.09.59.
B. Effective October
1, 2023, MCOs shall provide their enrollees medically necessary primary mental
health services, including the Collaborative Care Model, pursuant to COMAR
10.09.64.
LAURA HERRERA SCOTT
Secretary of Health
Subtitle 18 HUMAN IMMUNODEFICIENCY VIRUS (HIV) INFECTION AND ACQUIRED IMMUNODEFICIENCY SYNDROME (AIDS)
Notice of Proposed Action
[23-330-P]
The Secretary of Health proposes to amend:
(1) Regulations .01—.03 under COMAR 10.18.05 Maryland AIDS Drug Assistance Program: Eligibility; and
(2) Regulations .05, .08, and .10 under COMAR
10.18.06 Maryland AIDS Drug Assistance Program: Pharmacy Services.
Statement of Purpose
The purpose of this action is to align COMAR 10.18.05 and 10.18.06 with Health Resources & Services Administration (HRSA) Policy Clarification Notice 21-02 (PCN 21-02). This proposal will minimize the administrative burden on Maryland AIDS Drug Assistance Program (MADAP) case managers and enhance continuity of care and treatment services for MADAP recipients. Specifically, the amendments to COMAR 10.18.05 eliminate: 1) the 6-month recertification requirement for program eligibility; and 2) the requirement for proof of HIV status to be submitted by the applicant's health care practitioner on the MADAP medical form. The amendments to COMAR 10.18.06 eliminate the preauthorization form required for certain pharmacy services and update incorrect terms.
Estimate of Economic Impact
I. Summary of Economic Impact. The revision of COMAR 10.18.05 and 10.18.06 will not have a fiscal impact on any State agency or private entity, and only an operational impact via reduction in workload for MADAP case managers working at local health departments (LHDs), federally qualified health centers (FQHCs), community organizations, and other healthcare facilities.
II. Types of Economic Impact.
|
Impacted Entity |
Revenue
(R+/R-) Expenditure
(E+/E-) |
Magnitude |
|
A. On issuing agency: |
NONE |
|
|
B. On other State agencies: |
NONE |
|
|
C. On local governments: |
NONE |
|
|
|
|
|
|
|
Benefit
(+) Cost
(-) |
Magnitude |
|
D. On regulated industries or trade groups: |
NONE |
|
|
E. On other industries or trade groups: |
NONE |
|
|
F. Direct and indirect effects on public: |
|
|
|
MADAP case managers |
(+) |
Indeterminable |
III. Assumptions. (Identified by Impact Letter and Number from Section II.)
F. There will likely be a small, indeterminable benefit for case managers, who will have a reduced administrative burden in assisting clients with applications and recertifications.
Economic Impact on Small Businesses
The proposed action has minimal or no economic impact on small businesses.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with disabilities.
Opportunity for Public Comment
Comments may be sent to Jourdan Green, Director, Office of Regulation and Policy Coordination, Maryland Department of Health, 201 West Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY 800-735-2258), or email to mdh.regs@maryland.gov. Comments will be accepted through March 11, 2024. A public hearing has not been scheduled.
10.18.05 Maryland AIDS Drug Assistance Program: Eligibility
Authority: Health-General Article, §§2-104(b) and (i), 2-105(a) and (b), and 18-102(a), Annotated Code of Maryland
.01 Definitions.
A. (text unchanged)
B. Terms Defined.
(1)—(11) (text unchanged)
[(12) “Open formulary” means all U.S. Food and Drug Administration-approved prescription medications and related devices that are not on the list of excluded drugs and other products maintained by the Department according to COMAR 10.18.06.04-1.]
[(13)] (12)—[(15)] (14) (text unchanged)
.02 Eligibility.
A.—C. (text unchanged)
D. Medical Criteria. To meet the medical criteria the individual shall be[:
(1) Infected] infected with HIV as verified by [the individual’s health care practitioner on the medical form provided by] the Department[; and
(2) Prescribed or will be prescribed, within 3 months from the date the completed application was received by the Department, one or more antiretroviral drugs not excluded from the open formulary].
E. (text unchanged)
.03 Application and Enrollment.
A. Application.
(1) Applicant.
(a) An applicant shall submit a completed application to the Department on the form designated by the Department that includes:
(i) Responses to all required fields and applicable questions; and
(ii) (text unchanged)
(b)—(c) (text unchanged)
(2) (text unchanged)
B. Enrollment.
(1) [A] If the Department requests it, a recipient shall:
(a) Attest to continuing eligibility [every 6 months:];
[(i) In writing; or
(ii) By telephone; and]
(b) [If the Department
requests it, complete and submit] Submit a completed verification of
eligibility form; and [supporting
documentation on the form provided by the Department.]
(c) Provide supporting documentation.
(2) A [recipient shall lose] recipient’s MADAP benefits shall be suspended, effective at the end of the month following the month the verification of eligibility is due, if the recipient fails to attest to [continued] eligibility for MADAP.
(3) The Department shall:
(a) Enroll an applicant who has been determined eligible with the stipulation that [continued] eligibility must be verified as requested by the Department [every 6 months];
(b) (text unchanged)
(c) Redetermine eligibility if the Department receives information that may affect [continued] eligibility; and
(d) Send any relevant verification of eligibility forms to the recipient at least 45 calendar days before the forms are due to be submitted to the Department.
10.18.06 Maryland AIDS
Drug Assistance Program: Pharmacy Services
Authority: Health-General
Article, §§2-104(b) and (i), 2-105(a) and (b), and 18-102(a), Annotated Code of
Maryland
.05 Limitations on Covered Services.
A. (text unchanged)
B. The Department may not pay for:
(1) (text unchanged)
(2) Drugs or other products excluded from the open formulary,
unless the[:] Department grants the
recipient preauthorization.
[(a) Recipient has submitted the completed preauthorization request form to the Department; and
(b) The Department has approved the request.]
.08 Recovery and Reimbursement.
The Department shall follow the same procedures for recovery and reimbursement as the Medical Assistance [Pharmacy Services] Program in COMAR 10.09.03.08.
.10 Appeal Procedures.
A pharmacy filing an appeal shall do so in accordance with the Medical Assistance [Pharmacy Services] Program as set forth at COMAR 10.09.03.10.
LAURA HERRERA SCOTT
Secretary of Health
Subtitle 21 MENTAL HYGIENE REGULATIONS
10.21.31 Maryland Mental Health and
Substance Use Disorder Registry and Referral System
Authority: Health-General
Article, §7.5-802, Annotated Code of Maryland
Notice of Proposed Action
[23-338-P]
The Secretary of Health proposes to adopt new Regulations .01—.06 under a new chapter, COMAR 10.21.31 Maryland Mental Health and
Substance Use Disorder Registry and Referral System.
Statement of Purpose
The purpose of this action is to establish a Maryland Mental Health and Substance Use Disorder Registry and Referral System to provide a statewide system through which healthcare providers can identify and access available inpatient and outpatient mental health and substance use services for patients in a seamless manner as required by Ch. 29 (H.B. 1121), Acts of 2020, Maryland Mental Health and Substance Use Disorder Registry and Referral System.
Estimate of Economic Impact
The proposed action has no economic impact.
Economic Impact on Small Businesses
The proposed action has minimal or no economic impact on small businesses.
Impact on Individuals with Disabilities
The proposed action has an impact on individuals with disabilities as follows:
The proposed regulation will improve access to critical behavioral health services for individuals with disabilities who experience behavioral health crises.
Opportunity for Public Comment
Comments may be sent to Jourdan Green, Director, Office of Regulation and Policy Coordination, Maryland Department of Health, 201 West Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY 800-735-2258), or email to mdh.regs@maryland.gov. Comments will be accepted through March 11, 2024. A public hearing has not been scheduled.
.01 Purpose and Effective Date.
Effective January 27, 2023, there is a Maryland Mental Health
and Substance Use Disorder Registry and Referral System to provide a statewide
system through which health care providers can identify and access available
inpatient and outpatient mental health and substance use services for patients
in a seamless manner.
.02 Scope.
This chapter applies to:
A. Hospitals under Health-General Article, Title 19, Subtitle 3,
Annotated Code of Maryland;
B. Freestanding medical facilities under Health-General Article,
Title 19, Subtitle 3(a), Annotated Code of Maryland; and
C. Any other provider type designated by the Department by
issuance of a transmittal sent to all designated providers.
.03 Definitions.
A. In this chapter, the following terms have the meanings
indicated.
B. Terms Defined.
(1) “Department” means the Maryland Department of Health.
(2) “Facility” means a hospital, freestanding medical facility,
or provider designated by the Department.
(3) “Hospital” means a general or special hospital licensed
under Health-General Article, Title 19, Subtitle 3, Annotated Code of Maryland,
and COMAR 10.07.01.
(4) “Maryland Mental Health and Substance Use Disorder Registry
and Referral System” or “Bed Registry and Referral System” means the system
operated by the Department through which health care providers can identify and
access available inpatient and outpatient mental health and substance use
services for patients.
.04 Use.
A facility shall:
A. Refer an individual who may require additional care
coordination for inpatient, outpatient, or community-based behavioral health
services, after undergoing an initial psychiatric evaluation, no later than 48
hours after arrival at the facility at a phone number or website address
designated by the Department through written directives to implement the Bed
Registry and Referral System; and
B. Provide all necessary patient information, including, but not
limited to, diagnosis and level of care recommendations to the respective care
coordination centers.
.05 Daily Reporting.
A facility shall report current bed availability and census
information, and any additional relevant information requested by the
Department, to populate the inpatient psychiatric bed board as necessary to
keep the information updated, but not less than three times per day, during the
following periods:
A. 9 a.m. to 12 p.m.;
B. 1 p.m. to 3 p.m.; and
C. 4 p.m. to 7 p.m.
.06 Penalties.
A. A hospital that violates this chapter is subject to the
fines, penalties, and actions specified in Health-General Article, Title 19,
Annotated Code of Maryland.
B. A provider who violates this chapter is subject to the fines,
penalties, and actions specified in Health-General Article, Title 7.5,
Annotated Code of Maryland, and COMAR 10.63.
LAURA HERRERA SCOTT
Secretary of Health
Subtitle 63 COMMUNITY-BASED BEHAVIORAL HEALTH PROGRAMS AND SERVICES
Notice of Proposed Action
[23-336-P]
The Secretary of Health proposes to:
(1) Amend Regulation .02 under COMAR 10.63.02 Programs Required to Be Accredited in Order to Be Licensed to Provide Community-Based Behavioral Health Services; and
(2) Adopt new Regulations .20 and .21 under COMAR 10.63.03 Descriptions and Criteria for Programs and Services Required to Have an Accreditation-Based License.
Also at this time, the Secretary of Health is withdrawing the following amendments and additions that were proposed in 50:4 Md. R. 143—151 (February 24, 2023):
(1) Amendments to Regulations .02 and .05 under COMAR 10.63.01 Requirements for All Licensed Programs;
(2) Amendments to Regulation .02 under COMAR 10.63.02 Programs Required to Be Accredited in Order to Be Licensed to Provide Community-Based Behavioral Health Services; and
(3) New Regulations .20 and .21 under COMAR 10.63.03 Descriptions and Criteria for Programs and Services Required to Have an Accreditation-Based License.
Statement of Purpose
The purpose of this action is to:
(1) Implement Maryland Medicaid’s coverage of behavioral health crisis services;
(2) Establish mobile crisis team and behavioral health crisis stabilization center services; and
(3) Codify the coverage, requirements, and reimbursement procedures for these two new benefits.
Estimate of Economic Impact
I. Summary of Economic Impact. For fiscal year 2024, the Department estimates total expenditures of $11,963,983 for crisis stabilization center services and $8,782,653 for mobile crisis team services; the total magnitude of this proposal is $20,746,636.
II. Types of Economic Impact.
|
Impacted Entity |
Revenue
(R+/R-) Expenditure
(E+/E-) |
Magnitude |
|
A. On issuing agency: |
|
|
|
Maryland Medicaid |
(E+) |
$20,746,636 |
|
B. On other State agencies: |
NONE |
|
|
C. On local governments: |
NONE |
|
|
|
|
|
|
|
Benefit
(+) Cost
(-) |
Magnitude |
|
D. On regulated industries or trade groups: |
|
|
|
Maryland Medicaid BH crisis services providers |
(+) |
$20,746,636 |
|
E. On other industries or trade groups: |
NONE |
|
|
F. Direct and indirect effects on public: |
NONE |
|
III. Assumptions. (Identified by Impact Letter and Number from Section II.)
A. This amount assumes:
(1) The Department anticipates implementation of services in January 2024.
(2) For the anticipated expenditures associated with mobile crisis teams beginning January 2024:
(a) The Department expects 34 mobile crisis teams to be operating in fiscal year 2024 with a projected total Medicaid cost of $8,782,653.
(b) This amount is subject to an enhanced federal match of 85 percent ($7,465,255 in federal funds; $1,317,398 in general funds).
(3) For the anticipated expenditures associated with crisis stabilization centers beginning January 2024:
(a) The Department estimates that 14 crisis stabilization centers will be operating Statewide in FY2024 with a total Medicaid cost of $11,963,983.
(b) This amount is subject to a 63.02 percent blended federal match ($7,539,7023 federal funds; $4,424,281 general funds).
(4) The combined total of these services for Fiscal Year 2024 is $20,746,636.
D. See A above.
Economic Impact on Small Businesses
The proposed action has a meaningful economic impact on small
businesses. An analysis of this economic impact follows:
To the extent that providers are small businesses and are eligible to enroll in Maryland Medicaid to provide these services, providers may receive a portion of the increased $20,746,636 in revenue.
Impact on Individuals with Disabilities
The proposed action has an impact on individuals with disabilities as follows:
The proposed action implements coverage for two new services. To the extent that individuals with disabilities utilize mobile crisis teams and crisis stabilization center services, they may benefit from the new service coverage.
Opportunity for Public Comment
Comments may be sent to Jourdan Green, Director, Office of Regulation and Policy Coordination, Maryland Department of Health, 201 West Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY 800-735-2258), or email to mdh.regs@maryland.gov. Comments will be accepted through March 11, 2024. A public hearing has not been scheduled.
10.63.02 Programs Required to Be Accredited in Order to Be Licensed to Provide Community-Based Behavioral Health Services
Authority: Health-General Article, §§7.5-204, 8-402, 8-404, [and] 10-901, and 10-1402, Annotated Code of Maryland
.02 Covered Programs and Services.
A. The following programs shall require an accreditation-based license under this chapter:
(1)—(16) (text unchanged)
(17) Respite Care Services (RPCS) programs; [and]
(18) Supported Employment Program (SEP) programs[.];
(19) Mobile Crisis Team programs; and
(20) Behavioral Health Crisis Stabilization Center (BHCSC)
programs.
B.—C. (text unchanged)
10.63.03 Descriptions and Criteria for Programs and Services Required to Have an Accreditation-Based License
Authority: Health-General Article, §§7.5-204, 8-402, 8-404, [and] 10-901, and 10-1402, Annotated Code of Maryland
.20 Mobile Crisis Team Programs.
A. Definition.
(1) In this regulation, the following term has the meaning
indicated.
(2) Term Defined. “Program” means the site and service
combination which is recognized through licensure to offer an organized system
of activities performed for the benefit of persons served.
B. In order to be licensed under this subtitle, a mobile crisis
team within a Mobile Crisis Team program shall:
(1) Meet the requirements of COMAR 10.63.01, 10.63.02, and
10.63.06 and this regulation;
(2) Provide, 24 hours per day, 7 days per week, 365 days per
year, professional intervention for children or adults whose behaviors are
consistent with experiencing:
(a) A mental health crisis;
(b) A substance use disorder crisis; or
(c) Both §B(2)(a) and (b) of this regulation;
(3) Meet the requirements defined in Mental Health Law, Title
10, Subtitle 14, Annotated Code of Maryland;
(4) Be pre-approved by the Department or its designee to
participate in the public behavioral health system to receive funding
through the Department; and
(5) Respond to urgent, non-threatening emotional symptoms or
behaviors that are disrupting an individual’s functioning.
C. Mobile crisis team response may also include engaging
law-enforcement where the addition of a law enforcement presence provides
additional safety measures, when indicated, for all individuals involved in the
mobile crisis intervention.
D. Mobile Crisis Team Program Services. A mobile crisis team
program shall provide the following services:
(1) In-person, community-based professional and peer intervention
services which shall:
(a) Be age and culturally appropriate, and explained in terms
understandable to the individual;
(b) Be designed to:
(i) De-escalate an individual’s behavioral health crisis;
(ii) Evaluate the nature of the crisis;
(iii) Stabilize the individual to the pre-crisis level of
functioning; and
(iv) Maintain continuity of care by coordinating access to
various treatment and support services;
(c) Be deployed to the location of an individual in crisis;
(d) Address immediate dynamics that may be contributing to the
crisis;
(e) Include response initiated within an average of 60 minutes
of determining an individual is in need of crisis intervention;
(f) Use evidence-based tools to screen, assess, stabilize, and
refer persons, as clinically indicated;
(g) Be provided by a mobile crisis team that is nearest to the
location of the individual in crisis; and
(h) Be provided under the documented supervision of a licensed
mental health professional approved by the appropriate board to supervise.
(2) Crisis Intervention Services. A mobile crisis team program
shall provide medically necessary crisis intervention services, inclusive of
the following:
(a) Triage and screening to determine the level of risk faced by
the individual in crisis and assess the most appropriate response;
(b) An immediate assessment conducted by a licensed mental
health professional to determine the services necessary to stabilize the crisis
for the individual;
(c) A plan for de-escalation and resolution of the crisis,
including in-person interventions for immediate de-escalation of presenting
emotional or behavioral symptoms;
(d) Brief therapeutic and skill-building interventions and
therapeutic counseling techniques specific to the crisis that aims to lower
risks and resolve the crisis so that a higher level of care is not needed;
(e) Case management and care coordination services, which may
include referrals to other services as well as follow-up contacts;
(f) Engaging peer and natural and family support;
(g) A safety crisis plan, which shall aim to keep an individual
in crisis and their environment safe and may include the distribution of opioid
overdose reversal drugs, lethal means counseling, and other evidence-based
interventions;
(h) Stabilization services to ensure the individual’s safety and
connection to needed resources which reduce the conditions leading to crisis;
and
(i) Follow-up screening and assessment for ongoing risk when
indicated by the needs of persons served, in-person, via phone, or via telehealth
following the initial crisis intervention.
(3) Follow-up services, which shall include, but are not limited
to:
(a) Referral and linkage with other service providers; and
(b) Ongoing coordination to meet identified resource needs.
E. Mobile Crisis Team Program Staffing.
(1) A mobile crisis team program shall include at least one
licensed mental health professional available at all times, either via
telehealth or face-to-face when indicated, who is:
(a) Licensed at the independent practice level;
(b) Eligible to oversee the staff of the team; and
(c) Eligible to complete an emergency petition.
(2) A mobile crisis team program may also include:
(a) Additional licensed mental health professionals to ensure
shift coverage;
(b) Certified peer and family recovery support specialists or
individuals who complete the certification process within 2 years of hire; and
(c) Other staff, who shall complete training as set forth in §G
of this regulation.
(3) Certified peer and family recovery support specialists may
not respond independently without a mental health or licensed professional.
F. A mobile crisis team responding in-person:
(1) Shall include two staff members;
(2) Shall include a licensed mental health professional; and
(3) May not consider law enforcement, when present, as part of
the two-person response team.
G. Mobile Crisis Team Program Staff Training Requirements.
(1) All mobile crisis team program staff shall complete required
trainings approved by the Department.
(2) A mobile crisis team program shall have a training and
competency plan in place that:
(a) Is reviewed annually;
(b) Is consistent with:
(i) Accreditation requirements; and
(ii) Requirements published by the Department;
(c) Defines the core competencies needed to provide reliable and
high-quality care for each clinical discipline, within their scope of practice,
as a staff member of a mobile crisis team; and
(d) Ensures that all staff receive competency verification
following all initial and ongoing training.
(3) All mobile crisis teams shall be trained in the mobile response
and stabilization services (MRSS) model.
H. Mobile Crisis Team Program Reporting Requirements. A mobile
crisis team program shall provide data on outcomes and social determinants of
care to the State in the format and frequency required by the Department.
I. A mobile crisis team program shall obtain pre-approval from
the Department and LBHA or CSA to operate mobile crisis services in the PBHS
ensuring that the services meet local community needs for behavioral health
crisis services.
.21 Behavioral Health
Crisis Stabilization Center (BHCSC) Program.
A. Definition.
(1) In this regulation, the following term has the meaning
indicated.
(2) Term Defined. “Program” means the site and service combination
which:
(a) Is recognized through licensure to offer an organized system
of activities to provide an alternative to emergency departments for behavioral
health crisis care, emergency petition assessment, and avoidable inpatient or
carceral admissions; and
(b) Serves as a critical access point for individuals
experiencing a mental health, substance use disorder, substance use related, or
combined crisis.
B. In order to be licensed under this subtitle, a BHCSC program
shall:
(1) Meet the requirements of this regulation;
(2) Meet the requirements of Health-General Article, Title 10,
Annotated Code of Maryland;
(3) Meet the requirements of COMAR 10.63.01—10.63.06; and
(4) Be pre-approved by the Department or its designee to receive
PBHS funding before participating in the PBHS.
C. BHCSC Program Services. The BHCSC program shall:
(1) Provide crisis response services as outlined in
Health-General Article, Title 10, Subtitle 14, Annotated Code of Maryland;
(2) Process involuntary admissions according to Health-General
Article, §10-613, Annotated Code of Maryland;
(3) Provide BHCSC services 24 hours a day, 7 days a week, 365
days a year;
(4) Initiate triage upon patient arrival and deliver this
service in a manner that aligns with best practice and makes reasonable efforts
to minimize time on-site at the BHCSC for law enforcement or other first
responders;
(5) Use evidence-based tools to screen, assess, stabilize, and
refer persons, as clinically indicated;
(6) Provide medical screening at triage for the presence of any
condition of sufficient severity to require transfer to an appropriate facility
for immediate medical or surgical care;
(7) Provide active acute mental health and substance use
disorder crisis intervention and stabilization services in a BHCSC setting that
is not in the Health Services Cost Review Commission regulated space of a
hospital, for children, adolescents, and adults whose behaviors are consistent
with experiencing:
(a) A mental health crisis;
(b) A substance use disorder crisis; or
(c) Both §C(7)(a) and (b) of this regulation;
(8) Provide assessment, counseling, de-escalation, and safety
planning;
(9) Provide withdrawal management services for all substances;
(10) Initiate, maintain, and prescribe psychotropic and somatic medications
as appropriate, including:
(a) PRN intramuscular medication;
(b) Long-acting injectable antipsychotic medication;
(c) Medications used for withdrawal management; and
(d) Medications for Opioid Use Disorder;
(11) Provide withdrawal management services for all substances;
and
(12) Maintain compliance with the model program structure and
facility standards designed by the Department, as required by Health-General
Article, §10-621, Annotated Code of Maryland.
D. BHCSC Staffing Requirements.
(1) A BHCSC program shall designate a program director who is a
licensed mental health professional operating at the independent level of
practice who shall be responsible for the overall management and operation of
the BHCSC and whose qualifications and duties are defined in the individual’s
job description. The job description shall ensure that other job
responsibilities will not impede the operation and administration of the BHCSC.
(2) A BHCSC program shall have a nursing manager who is a
registered nurse.
(3) A BHCSC program shall continuously employ an adequate number
of staff and ensure an appropriate staff composition are on-site to:
(a) Carry out the BHCSC program’s services, goals, and
objectives; and
(b) Ensure the continuous provision of sufficient supervision
and monitoring of individuals receiving crisis stabilization services.
(4) A BHCSC program shall employ a qualified prescriber or
prescribers who are authorized to prescribe medications by the Maryland Board
of Physicians or the Maryland Board of Nursing to provide general medical
services and prescription of medications and treatment, and who shall:
(a) Be available 24 hours per day;
(b) Make daily rounds; and
(c) Be approved by the Department if the qualified prescriber is
not a psychiatrist or a psychiatric nurse practitioner.
(5) A physician shall be on call at all times for the provision
of those BHCSC services that may only be provided by a physician.
(6) There shall be a minimum of one registered nurse on site at
all times.
(7) There shall be additional staff, including mental health
professionals, on-site at all times to provide active crisis intervention to
ensure BHCSC services are provided by personnel within their scope of practice
and with expertise appropriate to the service recipient's needs.
E. BHCSC Staffing Plan.
(1) A BHCSC program shall develop and maintain a written
staffing plan designed to ensure sufficient coverage, discipline mix, service
quality, and safety and which shall:
(a) Outline the qualifications and duties of each staff position;
and
(b) Be approved by the Department at the time of licensure.
(2) A BHCSC program shall notify the Department of any changes
in staffing composition, or an addition or reduction in staffing numbers that
varies from the approved staffing plan by greater than 10 percent.
F. BHCSC Program Quality Assurance and Reporting.
(1) A BHCSC program shall begin assessment and active treatment
immediately upon a patient’s admission.
(2) A BHCSC program shall ensure that, within 60 minutes or less
of the individual’s arrival, a registered nurse initiates an in-person nursing
assessment and physical exam in collaboration with the approved physician or
psychiatric nurse practitioner, and develops and implements an initial treatment
plan for services in the BHCSC.
(3) A BHCSC mental health professional shall provide a crisis
assessment at the earliest opportunity.
(4) For individuals with stays beyond 23 hours, BHCSC mental
health professional staff shall perform, at a minimum, daily in-person
reassessment.
(5) Crisis assessments shall be staffed with the approved
physician or psychiatric nurse practitioner.
(6) An approved physician or psychiatric nurse practitioner
shall review and sign off on every discharge plan for individuals receiving
services in the BHCSC.
(7) An initial evaluation by an approved physician or
psychiatric nurse practitioner shall be completed at the earliest reasonable
opportunity, which shall be no later than 4 hours after admission, either
in-person or via telehealth, and include the following:
(a) A medical evaluation;
(b) Assessment of suicide, homicide, violence, and other risk
factors; and
(c) Review and authorization of the BHCSC initial crisis
intervention care plans.
(8) A psychiatrist or psychiatric nurse practitioner shall
conduct at least daily follow-up examinations for individuals that have not
been discharged.
(9) A BHCSC program shall maintain relationships with existing
community behavioral health service providers who may receive referrals from
the BHCSC, which shall include written referral agreements with the following:
(a) Outpatient community behavioral health providers;
(b) Hospital psychiatric units;
(c) Residential crisis programs;
(d) Respite programs;
(e) Residential substance use treatment programs; and
(f) Providers of medications for opioid use disorders.
(10) A BHCSC program shall make documented attempts to contact
and follow up with all individuals discharged to a community setting and, for
individuals who received outpatient services and who initially presented or
were later evaluated as a danger to self or others, follow up within 72 hours
after discharge from the BHCSC.
(11) A BHCSC program shall have protocols, which may include
referral agreements with other programs, that provide for admission and
treatment of individuals with:
(a) Limited English proficiency;
(b) Hearing and speaking disabilities; and
(c) Physical and intellectual disabilities.
(12) A BHCSC program shall develop and maintain written triage
policies and procedures approved by the Department, including ability to accept
and provide services to individuals under an emergency petition.
(13) A BHCSC program shall notify the Department and LBHA, in a
form and manner determined by the Department, of the following:
(a) Initiation of diversion status for the BHCSC program; and
(b) Diversion of any individual on an emergency petition.
(14) A BHCSC program shall maintain a referral log that includes
documentation and rationale for individuals not accepted for admission or
transfer to the BHCSC, and make this available to the Department upon request.
(15) A BHCSC program shall develop, implement, and maintain
written policies and procedures in place to ensure the safety of all
individuals, regardless of age.
(16) A BHCSC program shall provide data to support quality
assurance and improvement initiatives to the State in the format and frequency
requested by the Department.
G. BHCSC Program Staff Training Requirements.
(1) BHCSC program staff shall complete required trainings
published by the Department.
(2) A BHCSC program shall have a training and competency plan in
place that:
(a) Is reviewed annually;
(b) Is consistent with:
(i) Accreditation requirements; and
(ii) Requirements published by the Department;
(c) Defines the core competencies needed to provide reliable and
high-quality care for each clinical discipline within their scope of practice
as a part of the BHCSC program; and
(d) Ensures that all staff receive needed training and
competency verification.
H. Clinical Record Documentation. A BHCSC program shall
maintain, either manually or electronically, adequate documentation of each
contact with a participant as part of the medical record, which, at a minimum,
includes:
(1) The date or dates of service within the BHCSC, including
triage and discharge times;
(2) The individual’s presenting problems or reason for the BHCSC
admission;
(3) A brief description of services provided, including progress
notes;
(4) An official e-Signature, or a legible signature, along with
the printed or typed name, and appropriate title of each individual providing
services;
(5) Documentation of risk assessments;
(6) Documentation of medication evaluation and management
throughout the stabilization period;
(7) Crisis assessment or assessments by the mental health
professional staff; and
(8) A crisis discharge plan for each individual, which shall
indicate the referrals and other activities intended to maintain stabilization.
I. Seclusion and Restraint.
(1) A BHCSC program shall have the capacity for both seclusion
and restraint. For purposes of this regulation:
(a) Seclusion has the meaning set forth in 42 CFR
§482.13(e)(1)(ii); and
(b) Restraint has the meaning set forth in 42 CFR
§482.13(e)(1)(i).
(2) A BHCSC program shall be compliant with State and federal
seclusion and restraint regulations and laws, including 42 CFR §482.13 and
Health-General Article, §10-701, Annotated Code of Maryland, and any successor
laws and regulations.
(3) Application of seclusion or restraint within a BHCSC program
requires:
(a) Use as a last resort, only after less restrictive
interventions have been considered or tried, unless the emergency nature of the
situation precludes the latter, and
(b) An order from an approved physician or other clinician
permitted by law, with exceptions noted for an emergency as outlined in §I(4)
of this regulation.
(4) Seclusion and restraint may be initiated by a registered
nurse, if a physician or other clinician permitted by law is not present and an
emergency situation warrants immediate seclusion or restraint, in which case:
(a) BHCSC staff shall obtain an order as soon as possible, but
no later than within 1 hour; and
(b) A clinical assessment by a psychiatrist or psychiatric nurse
practitioner shall occur within 1 hour of initiation or renewal by a registered
nurse.
(5) An order for seclusion or restraint may not exceed 4 hours
for adults, 2 hours for youth 9 years old or older, and 1 hour for children
younger than 9 years old. Such an order does not require continuation of the
seclusion or restraint for the entire time specified by the order. The
seclusion or restraint shall be discontinued as soon as clinically indicated.
(6) An individual in seclusion or restraint shall be maintained
on 1:1 observation the entire time the individual is secluded or restrained to
protect them from harm.
(7) Restraint and seclusion shall never occur simultaneously for
an individual.
J. Environmental/Life Safety Requirements.
(1) A BHCSC program shall:
(a) Provide a comfortable, furnished admission pre-triage
waiting area for individuals who voluntarily present;
(b) Provide a locked and secure dedicated drop-off admission
space, designed to accommodate those individuals who have been emergency
petitioned;
(c) Provide a comfortable, furnished waiting area for
individuals accompanying participants in the BHCSC program;
(d) Allow for continual visual observation and monitoring of
individuals being served;
(e) Ensure a safe environment of care for a participant younger
than 18 years old by having a separation from adults, with appropriate staff
maintaining an adequate level of supervision;
(f) Ensure that the 23-hour crisis BHCSC shall have at least one
locked door seclusion room, which:
(i) Shall be a minimum of 80 square feet;
(ii) Allows for continual visual observation and monitoring that
allows for immediate emergency response; and
(iii) Uses a locking mechanism consistent with National Fire
Protection Association (NFPA) standards for the facility; and
(g) Ensure that there is at
least one quiet room that is separate from the seclusion room and remains
unlocked whenever in use.
(2) The Department may require the BHCSC program to add
additional seclusion or quiet rooms, based on the intended capacity of the
BHCSC Program.
(3) The BHCSC program facility shall be free from fire hazards
and have:
(a) Adequate smoke detectors;
(b) Working and updated fire extinguishers;
(c) Fire sprinklers as required by law;
(d) A written fire evacuation plan; and
(e) A current fire inspection certification.
(4) The BHCSC program shall conduct and
document an annual environmental safety review and take actions to replace
items that create an unnecessary risk of self-harm with safer items designed
for behavioral health settings, including, but not limited to:
(a) Anchor points;
(b) Door handles;
(c) Curtains;
(d) Hooks; and
(e) Shower rods and curtains.
(5) The BHCSC program shall comply
with applicable federal, State, and local sanitation, building, fire codes, and
zoning requirements.
(6) The BHCSC program shall maintain documentation of legally
and accreditation required periodic evacuation drills.
(7) The BHCSC program shall have:
(a) Bathrooms;
(b) Telephones;
(c) An automated external defibrillator; and
(d) Confidential office space for treatment.
K. BHCSC Dietary Services. BHCSC program dietary services shall
be as follows:
(1) At least three meals plus an evening snack provided daily
with no more than 14 hours between any two meals;
(2) Dietary services shall comply with applicable local, State,
and federal laws;
(3) A BHCSC program shall have a written plan describing the
organization and delivery of dietary services; and
(4) A dietitian licensed under Health Occupations Article,
§5-101, Annotated Code of Maryland, shall develop and implement the dietary
service plan.
L. Infection Control—Universal Precautions. A BHCSC program
shall observe universal precautions as required under COMAR 10.52.11 as
applicable to health care facilities.
M. Site Inspection. At a minimum, an annual site inspection of
each BHCSC shall be conducted by the assigned LBHA.
N. Required Management Staff. The
required staff in a BHCSC program, as defined in subsection §D of this
regulation and COMAR 10.63.01, and subject to the requirements for reporting of
vacancies under COMAR 10.63.01.05, includes:
(1) Program director;
(2) Medical director;
(3) Nurse manager; and
(4) Mental health professionals in the event that the vacancy
leads to an inability to meet the staffing requirements of the regulation.
LAURA HERRERA SCOTT
Secretary of Health
Subtitle 63 COMMUNITY-BASED BEHAVIORAL HEALTH PROGRAMS AND SERVICES
10.63.07 Outpatient Civil Commitment (OCC) Pilot Program
Authority: Health-General Article, §§7.5-205 and 7.5-205.1, Annotated Code of Maryland
Notice of Proposed Action
[23-331-P]
The Secretary of Health proposes to amend Regulations .02, .03, .05, and .11 under COMAR 10.63.07 Outpatient Civil Commitment (OCC) Pilot Program.
Statement of Purpose
The purpose of this action is to revise the outpatient civil commitment (OCC) pilot program to allow an eligible individual or an immediate family member of an eligible individual to request for the individual to be voluntarily enrolled into the outpatient civil commitment pilot program.
Estimate of Economic Impact
The proposed action has no economic impact.
Economic Impact on Small Businesses
The proposed action has minimal or no economic impact on small businesses.
Impact on Individuals with Disabilities
The proposed action has an impact on individuals with disabilities as follows:
An eligible individual or an immediate family member of an eligible individual will have the option to request for the individual to be voluntarily enrolled into the outpatient civil commitment pilot program.
Opportunity for Public Comment
Comments may be sent to Jourdan Green, Director, Office of Regulation and Policy Coordination, Maryland Department of Health, 201 West Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY 800-735-2258), or email to mdh.regs@maryland.gov. Comments will be accepted through March 11, 2024. A public hearing has not been scheduled.
.02 Definitions.
A. (text unchanged)
B. Terms Defined.
(1)—(3) (text unchanged)
[(4) “Baltimore City resident” means an individual who:
(a) Has a current residence in Baltimore City; or
(b) Is willing to establish a residence in Baltimore City.]
[(5)] (4)—[(6)] (5) (text unchanged)
(6) “Eligible resident” means an individual who:
(a) Has a current residence in Baltimore City or a contiguous
zip code; or
(b) Is willing to establish a residence in Baltimore City or a
contiguous zip code.
(7) (text unchanged)
(8) [“Inpatient facility” means a private inpatient hospital that provides, or purports to provide, treatment to individuals with mental disorders] Inpatient Facility.
(a) "Inpatient facility" means an inpatient
institution that provides evaluation, care, or treatment for individuals who
have mental disorders.
(b) "Inpatient facility" includes a Veterans'
Administration (VA) hospital.
(9)—(17) (text unchanged)
(18) “Outpatient civil commitment (OCC) pilot program” means the program established by the Behavioral Health Administration to provide community-based treatment and supports to:
(a) (text unchanged)
(b) Individuals who choose to participate in the OCC pilot program voluntarily after a settlement conference with [an ALJ,] the legal service provider[,] and a representative of the inpatient facility.
(19)—(25) (text unchanged)
(26) “Voluntary outpatient admission” means the admission of an individual to the outpatient civil commitment pilot program described in this chapter voluntarily after a settlement conference with [an ALJ,] the legal service provider[,] and a representative of the inpatient facility.
.03 Pilot Program.
A.—B. (text unchanged)
C. The program shall be limited to [Baltimore City] eligible residents.
D. (text unchanged)
.05 Admission Criteria.
A. To be involuntarily admitted to the program, an individual shall meet the following criteria:
(1)—(2) (text unchanged)
(3) Be [a] an eligible resident[ of Baltimore City];
(4)—(10) (text unchanged)
B. Involuntary Admission.
(1) To be voluntarily admitted to the program, an individual shall meet the following criteria:
[(1)] (a)—[(2)] (b) (text unchanged)
[(3)] (c) Be [a] an eligible resident [of Baltimore City;] who has had:
[(4)] (i) [Have had a] A combination of two voluntary or involuntary inpatient facility admissions in the preceding 12 months, including the most recent admission before the application for admission into the program; or
(ii) One inpatient facility admission and three psychiatric
emergency department visits in the preceding 12 months;
[(5)] (d)—[(10)] (i) (text unchanged)
[(11)] (j) Enter into a settlement agreement [endorsed by an ALJ] whereby the individual agrees to adhere to program recommendations including a treatment plan or support services, or both, as needed by the individual.
(2) If the individual is eligible, an immediate family member
may request voluntary enrollment.
.11 Settlement Conference.
A. [Before the hearing, if] If the individual elects to participate in the program voluntarily, the [ALJ shall convene a settlement conference at the time, date, and place designated for the hearing] individual shall participate in a settlement conference.
B.—C. (text unchanged)
[D. The settlement
agreement shall be witnessed by the ALJ.]
LAURA HERRERA SCOTT
Secretary of Health
Subtitle 67 MARYLAND HEALTHCHOICE PROGRAM
Notice of Proposed Action
[23-337-P]
The Secretary of Health proposes to:
(1) Amend Regulation .01 under COMAR 10.67.02 Maryland Medicaid Managed Care Program: Eligibility and Enrollment;
(2) Repeal existing Regulation .03-1, adopt new Regulation .03-1, and amend Regulations .03-2, .15, .19, and .19-4 under COMAR 10.67.04 Maryland Medicaid Managed Care Program: Managed Care Organizations;
(3) Amend Regulation .02 under COMAR 10.67.05 Maryland Medicaid Managed Care Program: Access;
(4) Amend Regulations .26-1, .26-3, and .27 and adopt new Regulation .30 under COMAR 10.67.06 Maryland Medicaid Managed Care Program: Benefits; and
(5) Amend Regulation .03
under COMAR 10.67.08 Maryland Medicaid
Managed Care Program: Non-Capitated Covered Services.
Statement of Purpose
The purpose of this action is to:
(1) Update reporting requirements for Managed Care Organizations (MCOs);
(2) Align regulations with the Ch. 28 (H.B. 1080/S.B. 778), Acts of 2022, Maryland Medical Assistance Program — Children and Pregnant Women (Healthy Babies Equity Act) and Ch. 303 (H.B. 6/S.B. 1580), Acts of 2022, Maryland Medical Assistance Program — Dental Coverage for Adults by removing the condition that recipients cannot be enrolled in managed care during the postpartum period and indicating new dental coverage for adults in Medicaid through the fee-for-service carve-out;
(3) Update very low birth weight payment requirements to align with federal requirements;
(4) Repeal the rural access incentive and replace with health equity incentive; and
(5) Require MCO coverage of fertility preservation procedures and expand coverage of gender-affirming treatments in alignment with the Ch. 253 (H.B. 0283/SB0460), Act of 2023, Trans Health Equity Act.
Estimate of Economic Impact
I. Summary of Economic Impact. The proposed action expands coverage for certain fertility preservations services and gender affirming treatment. The annual fiscal impact of these new initiatives is $7,062,121 in Fiscal Year 2024.
II. Types of Economic Impact.
|
Impacted Entity |
Revenue
(R+/R-) Expenditure
(E+/E-) |
Magnitude |
|
A. On issuing agency: |
|
|
|
Maryland Medicaid |
(E+) |
$7,062,121 |
|
B. On other State agencies: |
NONE |
|
|
C. On local governments: |
NONE |
|
|
|
|
|
|
|
Benefit
(+) Cost
(-) |
Magnitude |
|
D. On regulated industries or trade groups: |
|
|
|
Maryland Medicaid providers |
(+) |
$7,062,121 |
|
E. On other industries or trade groups: |
NONE |
|
|
F. Direct and indirect effects on public: |
NONE |
|
III. Assumptions. (Identified by Impact Letter and Number from Section II.)
A. The amount assumes:
(1) Effective July 1, 2023, Medicaid shall reimburse fertility preservation services for iatrogenic infertility relating to cancer treatments, such as chemotherapy or radiation.
(a) The estimated number of participants who will be eligible for fertility preservation procedures is 1,828.
(b) The total impact of this new benefit is estimated to be $3,304,373 annually.
(c) With an October 1, 2023 implementation date, the total Fiscal Year 2024 impact is estimated to be $2,478,280.
(d) This amount is subject to a 90 percent federal match ($2,230,452 federal funds and $247,828 general funds) in Fiscal Year 2024.
(2) Effective January 1, 2024, Medicaid shall expand reimbursement to additional gender–affirming treatments.
(a) The estimated number of participants who will be eligible for these services is 6,000.
(b) The total impact of this new benefit in Fiscal Year 2024 is estimated to be $4,583,841.
(c) This amount is subject to a 64.5 percent federal match ($2,956,577 federal funds and $1,627,264 general funds) in Fiscal Year 2024.
D. See A. above.
Economic Impact on Small Businesses
The proposed action has minimal or no economic impact on small businesses.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with disabilities.
Opportunity for Public Comment
Comments may be sent to Jourdan Green, Director, Office of Regulation and Policy Coordination, Maryland Department of Health, 201 West Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY 800-735-2258), or email to mdh.regs@maryland.gov. Comments will be accepted through March 11, 2024. A public hearing has not been scheduled.
10.67.02 Maryland
Medicaid Managed Care Program: Eligibility and Enrollment
Authority:
Health-General Article, §15–103(b)(3), (4) and (6), Annotated Code of Maryland
.01 Eligibility.
A. Criteria. Except as
provided in §B of this regulation, a Program recipient shall be enrolled in the
Maryland Medicaid Managed Care Program, described in this chapter, if the
recipient is eligible for receipt of Medical Assistance benefits by qualifying:
(1) (text unchanged)
(2) For the Pregnant
Women and Children's Program on or after January 1, 1997[, unless the recipient enters the Program during the postpartum
period]; or
(3) (text unchanged)
B. (text unchanged)
10.67.04 Maryland
Medicaid Managed Care Program: Managed Care Organizations
Authority:
Health-General Article, §§2-104, 15-101, 15-102.3, and 15-103; Insurance
Article, §§15-112, 15-605, and 15-1008; Annotated Code of Maryland
.03-1 HealthChoice Health Equity Incentive
Program.
A. The Department
shall award a defined amount of funding annually to MCOs based on the county of
residence of their members and the socioeconomic disadvantage index described
in this regulation.
B. Socioeconomic
Disadvantage Index.
(1) The Department
shall calculate a ranking for each service area in Maryland in accordance with
the following domains:
(a) Community safety;
(b) Food security;
(c) Housing security;
and
(d) Transportation
access.
(2) The Department
shall select component measures and calculate rankings that aggregate to the
domains defined in §B of this regulation.
(3) Rankings shall
range from first to twenty-fourth, with first being the lowest ranking for
socioeconomic disadvantage and twenty-fourth being the highest ranking for
socioeconomic disadvantage.
(4) Each service area
shall be assigned a single summary score by calculating the equal-weighted
average across each service area’s domain rankings.
C. The Department
shall award available equity funding to MCOs serving members in Maryland
service areas based on the following criteria:
(1) Allocation of
equity funding shall be made proportionally to the MCO’s membership in the
service areas at the top quartile of the socioeconomic disadvantage index.
(2) Funding for each
calendar year shall be determined based on available funding in the
Department’s budget and specified in the annual HealthChoice Managed Care
Organization Agreement.
(3) The annual
allocation for HealthChoice Health Equity Incentive Program shall be funded
outside of managed care capitation rates.
D. Incentive funds
awarded under the HealthChoice Health Equity Incentive Program are not
appealable under 10.67.10.
.03-2 HealthChoice
Population Health Incentive Program (PHIP).
A. (text unchanged)
B. An MCO may be eligible
for an incentive payment for the following performance measures:
(1)—(3) (text unchanged)
(4) [HEDIS comprehensive diabetes care — HbA1c poor control (>9%);] Hemoglobin A1c control for
patients with diabetes — poor
control (>9.0%);
(5)—(8) (text unchanged)
C.—K. (text unchanged)
L. Incentives awarded under this regulation are not appealable
under COMAR 10.67.10.
.15 Data Collection and
Reporting.
A.—D. (text unchanged)
E. Annual Reports.
Except as provided in §E(5) of this regulation, an MCO shall submit to the
Department annually, within 90 days after the end of the calendar year:
(1)—(4) (text unchanged)
(5) HealthChoice
Financial Monitoring Reports (HFMRs), including any supplemental schedules
required by the Department:
(a)—(b) (text unchanged)
(c) Submitted according to the following schedule:
(i) Services incurred from January 1 [—] through December 31 of the prior year, reported through March 31 of
the current year — due on May 15 of the current year; and
(ii) Services incurred
January 1[—] through December 31 of
the prior year, reported through [September
30] June 30 of the current year — due on [November 15] September 1 of the current year; and
(6) (text unchanged)
F.—K. (text unchanged)
.19 MCO Reimbursement.
A. (text unchanged)
B. Capitation
Rate-Setting Methodology.
(1)—(3) (text unchanged)
(4) Except to the extent
of adjustments required by §D of this regulation or by Regulations .19-1 [—]
through 19-3 of this chapter, the
Department shall make payments monthly at the rates specified in the following
tables:
(a)—(l) (text unchanged)
[(m) An MCO is eligible to receive the subsequent very low birth weight
payment in §B(4)(g) of this regulation if the mother:
(i) Had a prior
spontaneous preterm delivery;
(ii) Has a current singleton
pregnancy;
(iii) Is eligible to
receive either hydroxyprogesterone caproate or vaginal progesterone;
(iv) Has received the
first hydroxyprogesterone caproate injection or first weekly dosing of vaginal
progesterone between 16 weeks gestation and 24 weeks gestation and continued
receiving injections or vaginal dosing until delivery or week 37 gestation; and
(v) Has received at
least 2 hydroxyprogesterone caproate injections or two weeks of daily vaginal
progesterone use.]
(5) (text unchanged)
C. (text unchanged)
D. Interim Rates Adjustments.
(1)—(3) (text unchanged)
(4) The Department shall
make any interim [rates] rate
adjustments required by this section in amounts that are proportionate to the [overpayment] overpayments or
underpayments described in §D(3) of this regulation.
(5)—(6) (text unchanged)
(7) The Department shall
make an interim rates adjustment in Calendar [Year 2022] Years 2022, 2023, and 2024 to account
for changes in acuity due to alterations in redetermination and enrollment
processes related to COVID-19.
.19-4 MCO Medical Loss
Ratio.
A. By [September 15] September 1 of the
second calendar year following the MLR reporting year, each MCO shall provide
to the Department a completed MLR Reporting Template, including the MCO
attestation and any additional documentation supporting the MLR reporting
template.
B.—L. (text unchanged)
10.67.05 Maryland
Medicaid Managed Care Program: Access
Authority:
Health-General Article, §§2-104, 15-102.1(b)(10), 15-102.3 and 15-103;
Insurance Article §§15-112, 15-605, and 15-1008; Annotated Code of Maryland
.02 Access Standards:
Enrollee Handbook and Provider Directory.
A.—B. (text unchanged)
C. Provider Directory.
(1) An MCO shall provide
enrollees with information regarding their provider networks including:
(a)—(c) (text unchanged)
(d) A listing of the
individual practitioners who are the MCO’s primary and specialty care providers
in the enrollee’s county, grouped by medical specialty, giving:
(i)—(vi) (text
unchanged)
(vii) Cultural and
linguistic capabilities, including languages offered by the provider or a
skilled medical interpreter at the provider’s offices, American Sign Language
interpretation[, and whether the
provider has completed cultural competence training];
(viii)—(xi) (text
unchanged)
(2) (text unchanged)
D.—H. (text unchanged)
10.67.06 Maryland
Medicaid Managed Care Program: Benefits
Authority:
Health-General Article, Title 15, Subtitle 1, Annotated Code of Maryland
.26-1 Clinical Trial Items and Services — Coverage for Routine Costs.
A.—E. (text unchanged)
F. The MCO shall
authorize the request for participation in an approved clinical trial within [5 working days] 72 hours of the
request.
.26-3 [Gender Transition
Services.] Gender-Affirming Treatment.
A. An MCO shall provide medically necessary [gender reassignment surgery and other somatic specialty care for
members with gender identity disorder.]
gender-affirming treatment services which
include but are not limited to the following:
(1) Hormone therapy,
hormone blockers, and puberty blockers;
(2) Hair alteration
for the purposes of altering secondary sex characteristics and surgical site
preparation;
(3) Alterations to
voice, voice therapy, and voice lessons;
(4) Alterations to
abdomen, chest, trunk, and buttocks;
(5) Alterations to
the face and neck;
(6) Alterations to
the genitals and gonads;
(7) Laser treatment
for scars from gender-affirming treatment;
(8) Standard
fertility preservation procedures as set forth in Insurance Article, §15-810.1,
Annotated Code of Maryland;
(9) Revisions to
previous treatments and reversal of treatments;
(10) Combinations of
gender-affirming procedures; and
(11) Other treatments
as prescribed to suppress the development of endogenous secondary sex characteristics,
align the individual’s appearance of physical body with gender identity, and
alleviate symptoms of clinically significant distress resulting from gender
dysphoria.
B. An MCO may not
issue an adverse benefit determination denying or limiting access to
gender-affirming treatment unless a health care provider with experience
prescribing or delivering gender-affirming treatment has reviewed and confirmed
the appropriateness of the adverse benefit determination.
.27 Benefits —
Limitations.
A. The benefits or
services not required to be provided by an MCO are as follows:
(1)—(12) (text
unchanged)
(13) In vitro
fertilization, ovum transplants and gamete intrafallopian tube transfer, zygote
intrafallopian transfer, or [cryogenic
or] other [preservation] techniques used in these or similar procedures;
(14)—(18) (text
unchanged)
(19) Dental or
orthodontic care [for adults 21
years old or older];
(20) Piped-in oxygen or
oxygen prescribed for standby purposes or on an as-needed basis; and
[(21) Ovulation stimulants administered orally or parenterally;]
[(22)] (21) Cosmetic surgery when performed solely to maintain normal
physical appearance or enhance beyond average level toward an aesthetic ideal[;
and
(23) Services to reverse
gender reassignment procedures].
B. (text unchanged)
.30 Fertility Preservation.
A. An MCO shall
provide medically necessary fertility preservation services for the following
individuals:
(1) Individuals who
have iatrogenic infertility;
(2) Individuals who
are receiving medical treatment that may directly or indirectly cause
iatrogenic infertility; or
(3) Individuals who
are receiving gender-affirming treatment.
B. Fertility
preservation services include sperm and oocyte cryopreservation and
evaluations, laboratory assessments, medications, and treatments associated
with sperm and oocyte cryopreservation.
C. Fertility
preservation services do not include the storage of sperm or oocytes.
10.67.08 Maryland
Medicaid Managed Care Program: Non-Capitated Covered Services
Authority:
Health-General Article, §§2-104(b), 15-103, and 15-105, Annotated Code of
Maryland
.03 Nonbehavioral Health Fee-For-Service Benefits.
An MCO may not be
required to provide any of the following benefits or services that are
reimbursed directly by the Department:
A.—H. (text unchanged)
I. [Dental:
(1) Services for enrollees younger than 21 years old and pregnant women;
and
(2) Outpatient surgery fees for the facility and general anesthesia for
pregnant women and enrollees younger than 21 years old;] All dental services including but not limited to
outpatient surgery fees for the facility and general anesthesia.
J.—N. (text unchanged)
LAURA HERRERA SCOTT
Secretary of Health
Title 11
DEPARTMENT OF TRANSPORTATION
Notice of Proposed Action
[23-245-P]
The Motor Vehicle Administration proposes to amend:
(1) Regulation .04 under
COMAR 11.11.13 Ignition Interlock Program; and
(2) Regulations .04, .10, .14, and .20 under COMAR 11.13.10 Ignition Interlock Systems.
Statement of Purpose
The purpose of this action is to establish requirements for the Administration and service providers when dealing with participants in the Ignition Interlock Program who are deaf and hard of hearing.
Estimate of Economic Impact
The proposed action has no economic impact.
Economic Impact on Small Businesses
The proposed action has minimal or no economic impact on small businesses.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with disabilities.
Opportunity for Public Comment
Comments may be sent to Tracey C. Sheffield, Regulations Coordinator, MVA, 6601 Ritchie Highway N.E. Room 200 Glen Burnie, MD 21062, or call 410-768-7545, or email to tsheffield@mdot.maryland.gov. Comments will be accepted through March 11, 2024. A public hearing has not been scheduled.
Subtitle 11 MOTOR VEHICLE ADMINISTRATION — ADMINISTRATIVE PROCEDURES
11.11.13 Ignition Interlock Program
Authority: Transportation Article,
§§12-104(b), 16-205.1, 16-404.1, and
21-902.2, Annotated Code of Maryland
.04 Violations of the Program.
A.—C. (text unchanged)
D. If a participant alleged
to have committed a violation of the requirements of §A(7) of this regulation is
deaf or hard of hearing, the Administration shall consider this circumstance when
evaluating whether to assess a violation prior to removal from the Program.
Subtitle 13 MOTOR VEHICLE ADMINISTRATION — VEHICLE EQUIPMENT
11.13.10 Ignition Interlock Systems
Authority: Transportation Article, §§12-104(b), 16-404.1, and 21-902.2, Annotated Code of Maryland
.04 Guidelines.
A.—E. (text unchanged)
F. Mandatory Operational Features.
(1) The device shall:
[(1)] (a)—[(6)] (f) (text unchanged)
(2) Upon participant request,
a service provider shall provide an ignition interlock device that includes:
(a) Visual alerts to notify
the driver of required actions, including a random test; and
(b) Vibration alerts that
may be effective in alerting a driver who is deaf or hard of hearing.
G. (text unchanged)
.10 User Orientation and Support.
A. The vehicle operator shall be provided:
(1)—(3) (text unchanged)
(4) Written notice about the
requirement that the vehicle operator must remain in clear view of the camera at
all times while a breath sample is being provided; [and]
(5) Written and hands-on training on how to use the device after it is installed in the operator’s vehicle. This shall include all persons who are authorized to use the vehicle that has had a device installed[.]; and
(6) A training video that
includes closed captioning.
B. (text unchanged)
.14 Reports Required by Manufacturer.
A. The manufacturer shall provide to the Administration:
(1) (text unchanged)
(2) Annually, an information report detailing:
(a) The number of devices with visual alerts that have been issued;
(b) The number of deaf and hard of hearing customers;
(c) The number of reduced fee interlock units requested by customers;
(d) The number of reduced fee interlock units provided; and
[(2)] (3)—[(5)] (6) (text unchanged)
B.—D. (text unchanged)
.20 Service Providers.
A.—C. (text unchanged)
D. An approved service provider shall:
(1)—(8) (text unchanged)
(9) Inform participants
that they may receive a 50 percent discount on the installation of, and monitoring
fees for, a device if the customer is certified by the Administration as experiencing
a financial hardship;
[(9)] (10)—[(10)] (11) (text unchanged)
CHRISTINE NIZER
Administrator
Motor Vehicle Administration
Subtitle 20 MOTOR VEHICLE ADMINISTRATION—MOTORCYCLE SAFETY PROGRAM
11.20.01 Motorcycle Safety Training Centers
Authority: Transportation Article, §§12-104(b), 16-603, 16-604, and 16-605, Annotated Code of Maryland
Notice of Proposed Action
[23-315-P]
The Administrator of the Motor Vehicle Administration proposes to
amend Regulations .01, .06—.12, and .14—.16, amend and recodify existing Regulations .02-1—.04, .20—.31, and .33 to be
Regulations .03—.05, .17—.28, and .29, respectively, and repeal existing Regulations .05, .17, .18, and .32 under COMAR 11.20.01 Motorcycle Safety Training Centers.
Statement of Purpose
The purpose of this action is to update, clarify, and repeal obsolete and outdated regulations regarding procedures for the approval and operation of motorcycle safety training centers as authorized under Transportation Article, §16-604, Annotated Code of Maryland. The updates include providing the opportunity for a virtual classroom that arose several years ago during the pandemic, updating some of the definitions and language to provide more consistent expectations, updating the types of technology utilized by providers, and making multiple other changes to conform the regulations to the existing regulatory practices.
Estimate of Economic Impact
The proposed action has no economic impact.
Economic Impact on Small Businesses
The proposed action has minimal or no economic impact on small businesses.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with disabilities.
Opportunity for Public Comment
Comments may be sent to Tracey C. Sheffield, Regulations Coordinator, MVA, 6601 Ritchie Highway N.E., Room 200, Glen Burnie, MD 21062, or call 410-768-7545, or email to tsheffield@mdot.maryland.gov. Comments will be accepted through March 11, 2023. A public hearing has not been scheduled.
.01 Motorcycle Safety Training Centers—Purpose.
This chapter establishes the minimum requirements and procedures for the [certification] approval and operation of motorcycle safety training centers as authorized under Transportation Article, §16-604, Annotated Code of Maryland.
[.02-1] .03 Definitions.
A. (text unchanged)
B. Terms Defined.
(1) (text unchanged)
(2) "Course registration fee" means the total fee paid by an individual to participate in [Administration-approved] Administration approved motorcycle safety courses.
[(3) Independent training center" means a facility that:
(a) Has met the Administration's requirements for conducting approved motorcycle safety courses; and
(b)
Is operated by an organization or individual other than the
Administration.]
(3) “Curriculum
provider” means an organization approved by the MVA with an expertise in
motorcycle rider training such as the Motorcycle Safety Foundation.
(4) "Instructor" means an individual [certified] approved by the Administration to teach the classroom and [laboratory (range)] range sessions of [Administration-approved] Administration approved motorcycle safety courses at training centers.
(5) "Instructor trainer" means an individual trained and [certified] approved by the Administration to conduct approved instructor certification courses.
(6)—(8) (text unchanged)
(10) (text unchanged)
[.03] .04 Approval to Operate a Training Center.
A.—C. (text unchanged)
D. Individuals applying for approval to operate an independent training center shall have the following minimum qualifications:
(1) (text unchanged)
(2)
Have a high school certificate of graduation or equivalent; and
[(3) Be
licensed in Maryland to drive a motor vehicle; and]
[(4)] (3) Have not been convicted of a crime of moral turpitude unless[, in the opinion of the Administration,] satisfactory rehabilitation has taken place.
E. (text unchanged)
F. In addition to the information required to be entered upon the application, the application shall be accompanied by all of the following:
(1)—(2) (text unchanged)
(3) A list that includes the full name and [certification] identification numbers of [Administration-certified] Administration approved instructors who have agreed to teach the scheduled courses; and
(4) (text unchanged)
G. (text unchanged)
[.04] .05 Awarding Contracts to Independent Training Centers.
A. (text unchanged)
[B. If the Administration is appropriated funds for independent training center contracts, the Administration may award contracts that provide funds, equipment, and materials to independent training centers. The funds, equipment, and materials provided through a contract shall be used by the operator of the independent training center to establish and maintain the operation of a training center and shall be in addition to the reimbursement provided under Transportation Article, §16-605, Annotated Code of Maryland.]
[C.] B. The contract shall be in the [form] format prescribed by the Administration and may not exceed a term of [12 months] 24 months.
[D. The contract may be terminated by the Administration or the operator of the independent training center by following the procedures identified in the contract. The Administration may schedule a hearing with the operator of the independent training center to show cause for terminating the contract before a decision is made to terminate the contract.]
[E.] C. Upon termination of a contract, the operator of the independent training center shall[:
(1) Return] return to the Administration all remaining [funds,] equipment[,] and unused materials provided through the contract[; and
(2) Submit to the Administration a complete financial report, including copies of receipts, showing how the funds provided through the contract were spent].
[F. The Administration, through contracts with independent training centers, may:
(1) Lend the independent training centers:
(a) The designated curriculum packages for the approved motorcycle safety courses, and
(b) A VCR player, television, overhead projector, and 35 mm slide projector to show the approved curriculum's audiovisual materials;
(2) Provide the required instructional materials to be distributed to the students in the motorcycle safety courses.]
[G.] D. Upon receipt of the application for the awarding of a contract, and when satisfied that the independent training center qualifies, the Administration [shall] may award a contract to the independent training center.
.06 Termination of an Independent Training Center [Certificate] Contract.
A. If an operator intends to terminate the operation of the independent training center for which a [certificate] contract was issued, the operator shall notify the Administration, in writing, a minimum of 30 days before the planned termination date.
B. The Administration may terminate [certification] the contract if the operator violates the regulations, policies, or procedures governing the operation of an independent training center. Before a decision to terminate [certification] the contract, the Administration [shall] may schedule a hearing with the operator to review any complaints or violations, or both.
C. [Ten days before the designated certification termination date] Immediately upon termination of the contract, the operator of the independent training center shall[:
(1) Return all loaned equipment, materials, and training motorcycles to their owners; and
(2) Surrender] surrender to the Administration the independent training center's [certificate,] student records[, copies of the financial records] and fees paid by students pertaining to the operation of the independent training center, and all unused funds provided through an Administration contract.
.07 Insurance Coverage for an Independent Training Center.
A. The operator of an independent training center shall obtain insurance coverage, in an amount required by the Administration, written by a Maryland licensed insurance company that includes, but is not limited to, the following insurance coverage for the students and instructors, and the training center equipment and facilities:
[(1) Bodily injury liability;
(2) Medical payments;
(3) Comprehensive coverage for actual cash value;
(4)
Collision coverage for actual cash value; and]
[(5)] (1) Workers’ compensation[.];
and
(2) General liability insurance covering all business offices and classroom sites for the protection of individuals using the premises and equipment during the program instruction.
B. The required insurance coverage shall be maintained for the [time period the independent training center is operating and conducting approved motorcycle safety courses] entire term of the contract.
[C. The operator of the independent training center shall keep a copy of the policy on file for review by the Administration.]
[D.] C. The operator of the independent training center shall immediately inform the Administration [in writing] of any changes in this insurance coverage.
[E. The Administration shall identify the minimum limits for each required insurance coverage each fiscal year.
F. The provisions of this regulation concerning the required amount of insurance coverage do not apply to a training center operated by an agency of the State whose employees are State personnel within the meaning of the Tort Claims Act.]
.08 Designation and Approval of Location and Facilities for Independent Training Centers.
A. An independent training center's location and facilities shall be approved by the Administration before [certification] awarding a contract.
B. An independent training center's facilities shall include but are not limited to:
(1) (text unchanged)
(2) A classroom, if required by the curriculum;
(3) A [laboratory (range)] range area; and
(4) (text unchanged)
.09 Office Area for an Independent Training Center.
[A. An independent training center shall have an area to serve as an office for the center.
B. The training center office area shall be:
(1) Large enough to conduct daily business, including registering students for approved courses;
(2) Equipped with chairs, desks, typewriters, file cabinets, computers, telephones, and a telephone answering machine;
(3) Open for daily business on a schedule that is posted at the office area; and
(4) Staffed with a sufficient number of employees to conduct daily business.
C.
The office shall have a business address to receive incoming mail and
deliveries.]
A. A business office of a
training center shall:
(1) Be its principal place of business having a legal Maryland
address;
(2) Comply with all State and local building, zoning, fire, and
safety regulations, codes, and standards for use as a business office;
(3) Be equipped with:
(a) A telephone with either voicemail or an answering machine;
and
(b) A computer with email access;
(4) Clearly identify and display the training center’s name on
an exterior sign, a lobby listing, or interior door sign;
(5) Be open for business to the public and open for inspection
by the Administration during posted business hours; and
(6) Be clean, orderly, and suitable for conducting business.
B. An independent training center’s business office shall be
inspected and approved by the Administration before opening.
C. An independent training center’s business office being
relocated within the same building or being moved to a different site shall be
inspected and approved by the Administration before being used by the training
center as a business office.
D. The following shall be prominently displayed in the training
center business office:
(1) Office hours;
(2) Fees for courses and remedial or additional training;
(3) Procedure for obtaining refunds from the training center;
and
(4) Procedures for filing complaints about the training center
with the Administration.
E. An office shall be in a permanent building at a fixed
location with a legal business address.
F. A portable structure, pre-engineered building, or mobile home
is a permanent building if it:
(1) Is installed on a permanent foundation with conventional
utility hookups; and
(2) Has been approved by the Administration.
G. If the physical design of a building requires that the
classroom and adjacent business office share the same space, the business
office hours shall be adjusted so that the office is not open to the public
while classes are in session.
.10 Classroom Requirements.
[A. The classroom shall be located at the area designated as the independent training center and shall have adequate floor space to accommodate the instructors, students, and equipment.
B. The classroom shall have:
(1) Seating arrangements with writing surfaces for each student officially enrolled in the course;
(2) A VHS VCR player, a 35 mm slide projector, an overhead projector, a screen, and a chalkboard or dry erase board;
(3) Equally convenient public restroom facilities for men and women;
(4) An emergency lighting system and exits;
(5) An approved type fire extinguisher for that area;
(6) A storage cabinet or area for materials and equipment;
(7) Desks and chairs for the instructors; and
(8) Adequate lighting, heating, air conditioning, ventilation, and electrical service when the courses are in session.]
A. Classrooms, if required by the curriculum, shall be inspected
and approved by the Administration before being used for instruction.
B. A classroom shall:
(1) Be in a permanent building at a fixed location with an
actual address for delivery of mail that is not a post office box or mail drop
address;
(2) Comply with all State and local building, zoning, fire, and
safety regulations, codes, and standards, for use as a classroom, including an
up-to-date posted certificate identifying the maximum occupant capacity for all
classrooms used for instruction or to administer tests;
(3) Meet the Americans with Disabilities Act (ADA) requirements;
(4) Have adequate student seating and writing surfaces, an
instructor’s desk or podium, and room for storage of materials;
(5) Have heating, ventilation, and air-conditioning systems in
good repair that keep students comfortable while classroom sessions are being
conducted;
(6) Be clean, orderly, and suitable for conducting instruction;
and
(7) Be free from visible or audible activities other than
instructional activities.
C. A portable structure, pre-engineered building, or mobile home
is a permanent building if it:
(1) Is installed on a permanent foundation with conventional
utility hookups; and
(2) Has been approved by the Administration.
D. A classroom being relocated within the same building and a
classroom being moved to a different site shall be inspected and approved by
the Administration before being used for instruction.
E. If the physical design of the building requires that a
classroom and an adjacent business office share the same space, the business
office hours shall be adjusted so that the office is not open to the public
while classes are in session.
.11 [Laboratory (range)] Range Area.
A. The [laboratory (range)] range area shall [be] meet the requirements of the curriculum provider, which include but are not limited to:
(1) A paved area that is as flat and level as possible [and is located at the training center near the classroom];
(2)—(3) (text unchanged)
(4)
Large enough to set up and paint down the required riding exercises
specified in the approved curriculums; and
(5) Near adequate restroom facilities for men and women[;].
[(6) Near a telephone in the event of an emergency;
(7) Equipped with an adequate, permanent outdoor lighting system for course sessions taught after sunset; and
(8) Near the training center’s storage area.]
B. The [laboratory (range)] range shall be equipped with:
(1) (text unchanged)
(2) A minimum of [60 traffic cones with a maximum height of 6 inches] number of cones as specified in the curriculum;
(3) An Occupational Safety and Health Administration approved first aid kit;
(4) A minimum of one training motorcycle per participating student in a course and one spare training motorcycle for each six students participating in the [laboratory (range)] range portions of the course;
(5) (text unchanged)
[(6) An adequate supply of approved motorcycle helmets, face shields or goggles, and riding gloves that may be used by the students, if needed;]
[(7)] (6) (text unchanged)
[(8)] (7) A [water cooler to] supply of drinking water for the course participants; and
[(9)] (8) Equipment and supplies to remove debris and, if necessary, standing water from the [laboratory (range)] range area.
.12 Storage Area.
The storage area shall:
[A. Be near and easily accessible to the range area;]
[B.] A.—[D.] C. (text unchanged)
.14 Employing Motorcycle Safety Instructors.
A.
The operator of a training center shall [employ]:
(1) Employ instructors [certified] approved
by the Administration to teach the approved motorcycle safety courses;
and
(2) Keep records of the credentials of the instructors working
for them.
B. Student to Instructor Ratio.
(1) The maximum student to instructor ratio for the classroom sessions [in a course is one instructor per 36 students] is as set forth in the training center contract.
(2) The maximum student to instructor ratio for the [laboratory (range)] range sessions in a course is [one instructor per eight students] as set forth in the training center contract.
[(3) For courses with at least nine but not more than 16 students, there will be two instructors for the laboratory (range) sessions.]
C. Only instructors [certified] approved by the Administration shall be assigned responsibility for instructional and student supervision activities during a course.
.15 Approval and Designation of Motorcycle Safety Curriculums.
A. The Administration shall approve and designate the curriculums to be used in the motorcycle safety courses offered by the training centers. [The Administration shall provide the training centers with the curriculums and guidelines for using the curriculums.]
B. (text unchanged)
C. Training Curriculums.
(1) The approved and designated curriculums shall include classroom and [laboratory (range)] range sessions taught in the sequence designated by the Administration.
(2) The [laboratory (range)] range sessions shall include motorcycle riding exercises that each student enrolled in the course shall complete.
(3) The curriculums shall specify the minimum amount of time each student shall complete in the classroom sessions and in the [laboratory (range)] range sessions riding a motorcycle, and the minimum performance test scores for successfully completing the courses.
D.—E. (text unchanged)
F. An operator of a training center, a training center coordinator, or [a certified] an approved instructor may not revise or amend the approved curriculums without written approval from the Administration.
G. (text unchanged)
.16 Student Performance Criteria.
A. (text unchanged)
B. To successfully complete an approved motorcycle safety course, a student shall:
(1) Attend and participate in all required classroom and [laboratory (range)] range sessions scheduled for the course;
(2)—(3) (text unchanged).
C. The [Administration] training center shall provide [the training centers with] motorcycle safety course student completion cards that shall be issued to students successfully completing a course.
D. Students may not participate in a course if they:
(1) Demonstrate a lack of skill in operating a motorcycle during the [laboratory (range)] range sessions by not achieving the minimum performance objectives for each riding exercise;
(2)—(3) (text unchanged)
E. (text unchanged)
[.20] .17 Applying for Instructor [Certification] Approval.
A. An applicant for an approval as an instructor [certificate] shall:
(1)—(6) (text unchanged)
(7) Not have been convicted of a crime of moral turpitude[, unless, in the opinion of the Administration, satisfactory rehabilitation has taken place];
(8) (text unchanged)
(9) Demonstrate proficiency in teaching the approved basic motorcycle safety course in accordance with the standards established by the curriculum provider; and
(10) Have no outstanding complaints or charges for alleged violations which, if proven, would constitute grounds for revocation or suspension, pursuant to Regulation [.24] .21 of this chapter.
B. (text unchanged)
C. In addition to the information required to be entered upon the application, the application shall be accompanied by the following:
(1) [A] If the applicant has been licensed in another state in the past 3 years, a certified copy of the applicant’s driving record for the past 3 [consecutive] years issued by the driving license authority of the applicant’s state of licensure;
(2) [A Maryland physical examination certificate attesting the applicant is in good physical condition] Certification by the applicant there are no reportable medical conditions;
(3) A statement certifying under penalty of perjury whether the
applicant has ever had a driving instructor license or instructor certification
revoked in Maryland or any other state;
[(3)] (4) Evidence of satisfactory completion
of the Administration’s motorcycle safety instructor preparation program; [and]
[(4)] (5) Evidence of satisfactory performance
in teaching a minimum of one complete beginning motorcycle safety course[.];
and
(6) Evidence of certification by the approved curriculum
provider to teach the currently approved curriculum.
D. The application shall be [certified and] signed by the applicant.
[.21] .18 Issuance of an Instructor [Certificate] Approval.
A. Upon receipt of the signed application for instructor [certification] approval and when satisfied that the applicant has met all requirements, the Administration shall issue an instructor [certificate] approval to the applicant.
B. The [certificate] approval shall permit the instructor to teach the approved motorcycle safety courses, classroom and [laboratory (range)] range sessions, at training centers for a period of [3 years] 2 years. The [certificate] approval expires [3 years] 2 years from the date of issuance.
C. To maintain instructor [certification] approval, the instructor shall:
(1) Teach a minimum of two complete motorcycle safety courses per year, one of which shall be the basic entry level rider course, during the [3-year certification] 2-year approval period at motorcycle safety training centers;
(2) Maintain a satisfactory driving record as identified under Regulation [.27] .24 of this chapter;
(3)—(4) (text unchanged)
(5) Continuously maintain certification by the approved
curriculum provider to teach the currently approved curriculum;
[(5)] (6) (text unchanged)
[(6)] (7) Act in a manner that, in the Administration’s opinion, is not detrimental to the State’s [motorcycle safety program] Motorcycle Safety Program or unsafe for students enrolled in motorcycle safety courses.
D. An instructor shall renew the [certificate] approval every [3 years] 2 years by completing the renewal procedures required by the Administration under Regulation [.25] .22 of this chapter.
[.22] .19 Instructor Identification [Cards] Badges.
A. Instructors are required to obtain an identification [card] badge issued by the Administration. The identification [card] badge shall be [carried] prominently displayed by the instructor at all times when functioning in the capacity of an instructor.
B. The identification [card] badge shall be issued to [qualified] approved individuals at the time the Administration issues an instructor [certificate] approval and shall expire the same date as the instructor’s [certificate] approval.
C. A fee may not be charged for issuance of an original identification [card] badge.
D. An instructor may replace an identification [card] badge that has been lost, mutilated, or destroyed by applying to the Administration for a duplicate and paying any applicable fees.
[.23] .20 Issuance of a Probationary Instructor [Certificate] Approval.
A. The Administration may issue a probationary instructor [certificate] approval to an individual who has:
(1) Applied for [certification] approval as an instructor; and
(2) (text unchanged)
B. The Administration shall issue a probationary [certificate] approval to an individual for each time the individual successfully completes the [Administration’s] instructor preparation program authorized by the Administration.
C. The Administration may cancel the probationary [certificate] approval and deny [certification] approval as an instructor if the individual:
(1)—(3) (text unchanged)
(4) Has the individual’s driver’s license suspended or revoked, or accumulates four or more active points on the individual’s driving record.
D. The probationary [certificate] approval shall be surrendered to the Administration:
(1) (text unchanged)
(2) At the time the applicant receives an instructor [certificate] approval.
E. The probationary [certificate] approval allows the applicant to teach the approved motorcycle safety courses at a training center under the direct supervision of an experienced [certified] approved instructor.
[.24] .21 Suspension and Revocation of Instructor [Certification] Approval.
A. The Administration may suspend or revoke an individual’s instructor [certification] approval if the individual:
(1) (text unchanged)
(2) Has a driving record with four or more active points;
(3) Fails to comply with the regulations, rules, procedures, and guidelines established by the Administration for conducting approved motorcycle safety courses, operating a training center, and obtaining [certification] approval as an instructor; [or]
(4) Acts in a manner that in the Administration’s view is:
(a) (text unchanged)
(b) Detrimental to the State’s motorcycle safety program[.];
or
(5) Fails to maintain certification by the approved curriculum provider to teach the currently approved curriculum.
B. (text unchanged)
C. An individual whose instructor [certification] approval has been suspended or revoked by the Administration may not:
(1)—(2) (text unchanged)
D. On notification of a suspension or revocation from the Administration, the individual shall surrender the individual’s instructor [certificate] approval and instructor identification [card] badge to the Administration.
E. [Certified] Approved motorcycle safety instructors who do not fulfill the requirement of teaching two complete approved courses per year shall [have their certification suspended for 180 days and shall] cease providing instruction until such time as they complete the actions designated by the Administration to reactivate their [certification] approval.
[.25] .22 Instructor [Certification] Renewal.
A. An instructor may renew [certification] by submitting an application to the Administration in a form prescribed by the Administration.
B. To qualify for [certification] renewal, the instructor shall have:
(1) Taught a minimum of two complete motorcycle safety courses per year, one of which shall have been a basic entry level course, during the [3-year certification] 2-year approval period at a training center;
(2) Maintained a satisfactory driving record as identified under Regulation [.27] .24 of this chapter;
(3)—(4) (text unchanged)
(5) Not [been] had their driver’s license suspended more than once during the previous [certification] approval period or no current driver’s license suspension; and
(6) Complied with the rules, regulations, procedures, and guidelines required by the Administration for conducting approved motorcycle safety courses, operating a motorcycle safety training center, and [certification] approval as an instructor.
C. Individuals applying for renewal of their instructor [certification] approval shall submit the renewal application to the Administration at least 15 days before the expiration date of their current [certification] approval.
D. In addition to the information required to be entered in the renewal application, the application shall be accompanied by the following:
(1)
A certified copy of the applicant's [Maryland] out-of-State
driving record for the preceding 3 years, if applicable; [and]
(2)
A [doctor's certificate] self-certification attesting
the applicant [is in good physical condition] does not have
any reportable medical conditions; and
(3) A signed copy of the State of Maryland Instructor Code of Conduct.
E. After verifying that the applicant meets all the requirements for renewal, the Administration shall issue the instructor a renewed instructor [certificate] approval and identification [card] badge for the subsequent [3 years] 2 years.
F. Individuals failing to complete the [certification] renewal procedures before their designated expiration date shall lose their instructor [certification] approval as of their expiration date, and may not teach approved courses. In order to regain this [certification] approval, the individual shall reapply and complete the [certification] approval requirements designated by the Administration.
[.26] .23 Instructor Physical Examination.
[A. Physical Examination Requirements.
(1) Each instructor shall be required to pass a physical examination before certification, and before renewal of the certification.
(2) The physical examination shall be conducted by a licensed doctor of medicine.
(3) The results and findings of the required examination shall be recorded on forms provided by the Administration.
(4)
The physical examination report shall be submitted to the Administration
when applying for certification or renewal of certification.
B. The physician's report shall contain, but not be limited to, an appraisal of all of the following:
(1) Physical Abilities. The applicant shall have no physical limitations likely to interfere with teaching an approved motorcycle safety course or operating a motorcycle.
(2) Hearing. The instructor shall be capable of hearing a whispered voice at a distance of 20 feet with or without a hearing aid. When there is doubt, an audiometer hearing test shall be administered.
(3) Alcohol, Narcotics, and Other Drugs. The motorcycle safety instructor shall be free from addiction to the use of narcotics, habit forming drugs, or alcoholic beverages.
(4) Mental, Nervous, Organic, or Functional Diseases. The instructor may not have any mental or nervous condition which would, in the opinion of the examining physician, interfere with safe driving or riding practices. The instructor shall also be free from epilepsy, tuberculosis, paralysis, uncontrolled diabetes, abnormal blood pressure, heart ailments, or any other disease which could interfere with the safe operation of a motorcycle or conducting a motorcycle safety course.
(5) Eyesight. The motorcycle safety instructor shall have:
(a) Visual acuity of at least 20/40 in each eye without glasses or by correction with glasses or contact lenses;
(b) A field of vision of at least 120 degrees; and
(c)
No color deficiency that would interfere with the safe operation of a
motorcycle.]
An approved Instructor shall immediately report to the
Administration any reportable medical conditions as defined in COMAR 11.17.03.02-1
for evaluation.
[.27] .24 Instructor Driving Record.
A. An instructor shall:
(1) Have a satisfactory driving record for at least 3 previous consecutive years before applying for [certification] approval; and
(2) Maintain a satisfactory record while [certified] approved.
B. An instructor's driving record is unsatisfactory if the instructor has, within the last 3 years:
(1) Accumulated four or more active points on the instructor's driving record;
(2)—(4) (text unchanged)
[.28] .25 Exception to Instructor Certification Requirements.
A. An individual [certified] approved by the [Motorcycle Safety Foundation] approved curriculum provider and classified as an active instructor may be [certified] approved by the Administration to teach the approved motorcycle safety courses by:
(1) Completing the application procedures set forth in Regulations [.20 and .21] .17 and .18 of this chapter;
(2)—(3) (text unchanged)
B. The Administration may waive the requirement that instructors teach two complete motorcycle safety courses per year if the individuals provide sufficient justification to the Administration on why this teaching requirement could not be fulfilled. The Administration shall identify the procedures these instructors shall complete to maintain their [certification] approval.
[.29] .26 Motorcycle Safety Instructor Preparation Program.
A. (text unchanged)
B. Individuals successfully completing the instructor program shall receive [a certificate of completion that may be used when applying for an instructor certificate] proof of completion.
[.30] .27 Student Eligibility for Enrollment in Approved Motorcycle Safety Courses.
A. (text unchanged)
B. A nonresident may enroll in a course[, but an independent training center may not be reimbursed for a nonresident trainee].
[C. Individuals may enroll in a motorcycle safety course
without regard to whether the individual is enrolled in any other course
offered by the operator of the motorcycle safety training center.]
[D.] C. To enroll in an approved motorcycle safety course, an eligible student shall [complete a student registration form provided by the Administration and pay the required course registration fee. Independent motorcycle safety training centers shall forward a copy of this registration form to the Administration] register with an approved Administration provider.
[E.] D. (text unchanged)
E. Individuals younger than 18 years old may only enroll in the
basic entry level rider course.
[.31] .28 Training Motorcycles — Minimum Requirements.
A. (text unchanged)
B. The training motorcycles shall be maintained in a safe operating condition at all times. They shall be inspected by the training center coordinator before each course, and by the assigned instructors before each [laboratory (range)] range segment. Training motorcycles shall meet the requirements as set forth in COMAR 11.14.03.
C. During the [laboratory (range)] range sessions, each student shall be assigned a training motorcycle.
D. The Administration shall [designate] approve the model and engine size of all training motorcycles used by motorcycle safety training centers in approved motorcycle safety courses in accordance with the standards established by the curriculum provider.
[E. The Administration shall provide a sufficient number of training motorcycles to each training center it operates and manages.]
[F.] E. (text unchanged)
F. The Administration may allow individuals with
considerations covered under the American with Disabilities Act to utilize
their personally owned motorcycle to participate in the approved basic entry
level rider course.
[.33] .29 Preservation of Records and Audit.
A. Records.
(1) The operator of an independent training center shall maintain:
(a) (text unchanged)
(b) The training center records for [3 years] 5 years.
(2) The records specified in §A(1)(a) of this regulation shall include, but are not limited to:
(a) (text unchanged)
[(b) The amount of money collected in course registration fees;
(c) The amount of money refunded to individuals enrolled in motorcycle safety courses;]
[(d)] (b)—[(e)] (c) (text unchanged)
[(f) Financial reports, including receipts, showing how funds provided
through an Administration contract were spent; and]
(d) Copies of course disclaimers and waivers; and
[(g)] (e) (text unchanged)
B. Administration Audits.
(1) The Administration [shall] may:
(a)—(b) (text unchanged)
(c) Audit independent training centers when their [certification] contract to operate is terminated; and
(d) Suspend the independent training center's [certification] contract if the operator of the training center does not correct audit deficiencies within 30 working days of the audit.
(2) (text unchanged)
CHRISTINE NIZER
Administrator
Motor Vehicle Administration
Subtitle 26 MARYLAND ENERGY ADMINISTRATION
Notice of Proposed Action
[23-288-P]
The Maryland Energy Administration proposes to repeal:
(1) Regulations .01—.13 under COMAR 14.26.04 Clean Energy Grant Program; and
(2) Regulations .01—.11
under COMAR 14.26.06 Maryland Clean
Energy Incentive Tax Credit Program.
Statement of Purpose
The purpose of this action is to repeal regulations related to programs that are no longer administered by the Administration.
Estimate of Economic Impact
The proposed action has no economic impact.
Economic Impact on Small Businesses
The proposed action has minimal or no economic impact on small businesses.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with disabilities.
Opportunity for Public Comment
Comments may be sent to Landon Fahrig, Assistant Division Director of Policy, Maryland Energy Administration, 1800 Washington Blvd., Suite 755, Baltimore, MD 21230, or call 410-537-4000, or email to SEIFFComments.MEA@Maryland.gov. Comments will be accepted through March 11, 2024. A public hearing has not been scheduled.
PAUL G.
PINSKY
Director
Maryland Energy Administration
Title 18
DEPARTMENT OF ASSESSMENTS AND TAXATION
Subtitle 01 ASSESSMENT ADMINISTRATION
Authority: Tax-Property Article, §§1-402, 2-201, and 2-202, Annotated Code of Maryland
Notice of Proposed Action
[23-317-P]
The Director of the Department of Assessments and Taxation
proposes to adopt new Regulation .03
under COMAR 18.01.02 Appeal Hearings.
Statement of Purpose
The purpose of this action is to specify what must be submitted to the Department and when for a representative to be recognized throughout a first-level real property assessment appeal.
Estimate of Economic Impact
The proposed action has no economic impact.
Economic Impact on Small Businesses
The proposed action has minimal or no economic impact on small businesses.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with disabilities.
Opportunity for Public Comment
Comments may be sent to Dan Phillips, State Supervisor, State Department of Assessments and Taxation, 300 W. Preston Street, Suite 605, Baltimore, MD 21201, or call 410-767-1197, or email to dan.phillips@maryland.gov. Comments will be accepted through March 11, 2024. A public hearing has not been scheduled.
.03 Proof of Representation for Real Property Assessment Appeals.
A. An appeal filed
by a representative on behalf of a property owner or
taxpayer shall include proper authorization from the property owner or
taxpayer to pursue the appeal.
B. The
authorization required by §A of this regulation shall be in writing and filed
no later than:
(1) 45 days from
the date of the notice if the appeal is submitted pursuant to Tax-Property
Article, §14-502(a)(1), Annotated Code of Maryland;
(2) 60 days after
the date the property transfers if the appeal is submitted pursuant to
Tax-Property Article, §14-502(a)(2), Annotated Code of Maryland; or
(3) On or before
the date of finality for the next taxable year if the appeal is submitted
pursuant to Tax-Property Article, §14-503, Annotated Code of Maryland.
C. The failure to provide timely authorization as required by §B of this regulation will result in an appeal hearing
being set up exclusively for the property
owner or taxpayer and all future correspondence being directed to the
property owner or taxpayer.
D. If timely authorization is not provided as required by §B of
this regulation and a property owner or taxpayer wants to be represented at a
scheduled appeal hearing, proper authorization shall be received by the
Department on or before the assigned hearing date.
MICHAEL HIGGS
Director of
Assessments and Taxation
18.06.03 Disabled Veteran, Surviving Spouse,
Disabled Active Duty Service Member
Authority: Tax-Property
Article, §§2-201, 2-202, and 7-208, Annotated Code of Maryland
Notice of Proposed Action
[23-319-P]
The Director of the Department of Assessments and Taxation
proposes to adopt new Regulation .01
under a new chapter, COMAR 18.06.03
Disabled Veteran, Surviving Spouse, Disabled Active Duty Service Member.
Statement of Purpose
The purpose of this action is to define the term “legal residence”, as it is set forth in Tax-Property Article, §7-208, Annotated Code of Maryland, and to be identical to and consistent with “principal residence” as that term is used in other departmental statutes and regulations, to specify what the Department may request for proof of residence, and to clarity that an applicant under §7-208 can have only one legal or principal residence.
Estimate of Economic Impact
The proposed action has no economic impact.
Economic Impact on Small Businesses
The proposed action has minimal or no economic impact on small businesses.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with disabilities.
Opportunity for Public Comment
Comments may be sent to Dan Phillips, State Supervisor, Department of Assessments and Taxation, 300 W. Preston Street, Suite 605, Baltimore, MD 21201, or call 410-767-1197, or email to dan.phillips@maryland.gov. Comments will be accepted through March 11, 2024. A public hearing has not been scheduled.
.01 Legal Residence.
A. Definition.
(1) In this chapter, the following term has the meaning
indicated.
(2) Term Defined. “Legal residence”, as set forth in
Tax-Property Article, §7-208, Annotated Code of Maryland, has the same meaning
as “principal residence” as that term is defined in COMAR 18.07.03.01.
B. The Department may request documentation to verify that a
dwelling house is the legal or principal residence of an applicant. This
documentation may include, but is not limited to, requiring an applicant to
execute a sworn affidavit regarding residency for purposes of voting, driver's
license address, and income tax filing. Failure to provide the requested
information within 30 days of the date of a request shall result in a dwelling
house being designated as not a legal or principal residence for purposes of
the exemption provided in Tax-Property Article, §7-208, Annotated Code of
Maryland.
C. A dwelling house in this State will not qualify as the legal
or principal residence of an applicant if another dwelling is the applicant’s
legal or principal residence, either within or outside the State.
MICHAEL HIGGS
Director of
Assessments and Taxation
Title 31
MARYLAND INSURANCE ADMINISTRATION
Subtitle 10 HEALTH INSURANCE—GENERAL
31.10.30 Disability Benefit Claims Procedures
Authority: Insurance Article, §§ 2-109(a)(1) and 15-1010, Annotated Code of Maryland
Notice of Proposed Action
[23-350-P]
The Insurance Commissioner proposes to amend Regulations .03—.05 under COMAR 31.10.30 Disability Benefit Claims Procedures.
Statement of Purpose
The purpose of this action is to amend COMAR 31.10.30 Disability Benefit Claims Procedure to be consistent with recent federal regulation changes, in accordance with Insurance Article, §15-1010, Annotated Code of Maryland. This action adds insurer requirements for the establishment of a claim and the appeal procedures. This action also adds insurer requirements for the timing and content of notice of adverse benefit determination and of an appeal determination.
Estimate of Economic Impact
The proposed action has no economic impact.
Economic Impact on Small Businesses
The proposed action has minimal or no economic impact on small businesses.
Impact on Individuals with Disabilities
The proposed action has an impact on individuals with disabilities as follows:
The regulations would require additional information in the notices sent to people who have filed claims for disability income benefits.
Opportunity for Public Comment
Comments may be sent to Jessica Blackmon, Law Clerk, Maryland Insurance Administration, 200 Saint Paul Place, Suite 2700, Baltimore, MD 21202, or call 410-468-2019, or email to jessica.blackmon@maryland.gov. Comments will be accepted through March 11, 2024. A public hearing has not been scheduled.
.03 Establishment of Claim and Appeal Procedures.
A. (text unchanged)
B. The procedures established by an insurer shall:
(1)—(8) (text unchanged)
(9) Provide for the identification of medical or vocational experts
whose advice was obtained on behalf of the insurer in connection with a covered
individual's adverse benefit determination, without regard to whether the
advice was relied upon in making the adverse benefit determination; [and]
(10) Require the individual deciding an appeal of an adverse benefit determination, based in whole or in part on a medical judgment, to consult with a health care professional who:
(a) (text unchanged)
(b) Is not:
(i) (text unchanged)
(ii) The subordinate of the health care professional[.];
(11) Ensure that all claims
and appeals are adjudicated in a manner designed to ensure the independence and
impartiality of the persons involved in making the decision, and, accordingly,
decisions regarding hiring, compensation, termination, promotion, or other
similar matters with respect to any individual, such as a claims adjudicator or
medical or vocational expert, may not be made based upon the likelihood that
the individual will support the denial of benefits;
(12) Provide that, before the
insurer issues an adverse appeal determination, the insurer shall provide the
claimant, free of charge, with any new or additional evidence considered,
relied upon, or generated by the insurer or other person making the benefit
determination in connection with the claim, which shall be provided as soon as
possible and sufficiently in advance of the date on which the notice of adverse
appeal determination is required to be provided to give the covered individual
a reasonable opportunity to respond prior to that date; and
(13) Provide that, before the
insurer can issue an adverse appeal determination based on a new or additional
rationale, the insurer shall provide the claimant, free of charge, with the
rationale, which shall be provided as soon as possible and sufficiently in
advance.
C.—D. (text unchanged)
.04 Timing and Content of Notice of Adverse Benefit Determination.
A.—F. (text unchanged)
G. The notice of an adverse benefit determination shall include:
(1)—(3) (text unchanged)
(4) A description of the insurer's appeal procedures and the time
limits applicable to the procedures; [and]
(5) If an internal rule, guideline, protocol, or similar criterion was relied on in making the adverse benefit determination, either:
(a) (text unchanged)
(b) A statement that:
(i) (text unchanged)
(ii) A copy of the rule, guideline, protocol, or other similar
criterion will be provided on request free of charge to the covered individual[.];
and
(6) A discussion of the
decision, including an explanation of the basis for disagreeing with or not
following:
(a) The views presented by
the claimant to the plan of health care professionals treating the claimant and
vocational professionals who evaluated the claimant;
(b) The views of medical or
vocational experts whose advice was obtained on behalf of the plan in
connection with a claimant’s adverse benefit determination, without regard to
whether the advice was relied upon in making the benefit determination; and
(c) A disability
determination regarding the claimant presented by the claimant to the plan made
by the Social Security Administration.
H. The notification shall be
provided in a culturally and linguistically appropriate manner.
I. An insurer is considered
to provide relevant notices in a culturally and linguistically appropriate
manner if:
(1) The insurer provides oral
language services, such as a telephone customer assistance hotline, that
include answering questions in any applicable non-English language and
providing assistance with filing claims and appeals in any applicable
non-English language;
(2) The insurer provides,
upon request, a notice in any applicable non-English language; and
(3) The insurer includes in
the English version of all notices a statement prominently displayed in any
applicable non-English language, clearly indicating how to access the language
services provided by the insurer.
J. With respect to an address
in any United States county to which a notice is sent, a non-English language
is an applicable non-English language if 10 percent or more of the population
residing in the county is literate only in the same non-English language, as
determined in guidance published by the U.S. Secretary of Labor.
.05 Timing and Notice of an Appeal Determination.
A.—E. (text unchanged)
F. The notice of an adverse appeal determination shall include:
(1)—(3) (text unchanged)
(4) If an internal rule, guideline, protocol, or other similar criterion was relied upon in making the adverse appeal determination, either:
(a) (text unchanged)
(b) A statement that:
(i) (text unchanged)
(ii) A copy of the rule, guideline, protocol, or other similar
criterion will be provided on request free of charge to the covered individual;
[and]
(5) The address, telephone number, and facsimile number of the
Commissioner[.]; and
(6) A discussion of the
decision, including an explanation of the basis for disagreeing with or not
following:
(a) The views presented by
the covered individual to the insurer of health care professionals treating the
covered individual and vocational professionals who evaluated the covered
individual;
(b) The views of medical or
vocational experts whose advice was obtained on behalf of the insurer in
connection with a covered individual’s adverse appeal determination, without
regard to whether the advice was relied upon in making the appeal determination;
and
(c) A disability
determination regarding the covered individual presented by the covered
individual to the insurer made by the Social Security Administration.
G. (text unchanged)
H. The notice of an adverse
appeal determination shall be provided in a culturally and linguistically
appropriate manner.
I. An insurer is considered
to provide relevant notices in a culturally and linguistically appropriate
manner if:
(1) The insurer provides oral
language services, such as a telephone customer assistance hotline, that
include answering questions in any applicable non-English language and
providing assistance with filing claims and appeals in any applicable
non-English language;
(2) The insurer provides,
upon request, a notice in any applicable non-English language; and
(3) The insurer includes in
the English version of all notices a statement prominently displayed in any
applicable non-English language, clearly indicating how to access the language
services provided by the insurer.
J. With respect to an address
in any United States county to which a notice is sent, a non-English language
is an applicable non-English language if 10 percent or more of the population
residing in the county is literate only in the same non-English language, as
determined in guidance published by the U.S. Secretary of Labor.
KATHLEEN A. BIRRANE
Insurance Commissioner
SUSQUEHANNA RIVER BASIN COMMISSION
Projects Approved
for Consumptive Uses of Water
AGENCY: Susquehanna River Basin Commission.
ACTION: Notice.
SUMMARY: This notice lists Approvals by Rule for projects by the Susquehanna River Basin Commission during the period set forth in DATES.
DATES: December 1-31, 2023.
ADDRESSES: Susquehanna River Basin Commission, 4423 North Front Street, Harrisburg, PA 17110-1788.
FOR FURTHER INFORMATION CONTACT: Jason E. Oyler, General Counsel and Secretary to the Commission, telephone: (717) 238-0423, ext. 1312; fax: (717) 238-2436; e-mail: joyler@srbc.gov. Regular mail inquiries may be sent to the above address.
SUPPLEMENTARY INFORMATION: This notice lists the projects, described below, receiving approval for the consumptive use of water pursuant to the Commission’s approval by rule process set forth in 18 CFR §806.22 (e) and (f) for the time period specified above.
Water Source Approval — Issued Under 18 CFR §806.22(e):
Plainville Brands, LLC - Plainville Farms, ABR-202312005; New Oxford Borough, Adams County, Pa.; Consumptive Use of Up to 0.380 mgd; Approval Date: December 6, 2023.
Penn State Health Hampden Medical Center - Hampden Medical Center; ABR-202312006; Hampden Township, Cumberland County, Pa.; Consumptive Use of Up to 0.1620 mgd; Approval Date: December 7, 2023.
Water Source Approval — Issued Under 18 CFR §806.22(f ):
Coterra Energy Inc.; Pad ID: DobrosielskiJ P1; ABR-202312003; Auburn & Dimock Townships, Susquehanna County, Pa.; Consumptive Use of Up to 5.0000 mgd; Approval Date: December 7, 2023.
RENEWAL - Chesapeake Appalachia, L.L.C.; Pad ID: Amcor; ABR-201211018.R2; Meshoppen Township, Wyoming County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date: December 8, 2023.
RENEWAL - Chesapeake Appalachia, L.L.C.; Pad ID: Joeguswa; ABR-201211019.R2; Cherry Township, Sullivan County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date: December 8, 2023.
RENEWAL - Chesapeake Appalachia, L.L.C.; Pad ID: Lucarino Drilling Pad #1; ABR-201112010.R2; Wilmot Township, Bradford County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date: December 8, 2023.
RENEWAL - Range Resources - Appalachia, LLC; Pad ID: State Game Lands 075A - East Pad; ABR-201311005.R2; Pine Township, Lycoming County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval Date: December 8, 2023.
RENEWAL - Seneca Resources Company, LLC; Pad ID: Sherman 492W; ABR-201310001.R2; Sullivan Township, Tioga County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval Date: December 8, 2023.
RENEWAL - SWN Production Company, LLC; Pad ID: TNT 1 LIMITED PARTNERSHIP; ABR-201112006.R2; New Milford Township, Susquehanna County, Pa.; Consumptive Use of Up to 4.9990 mgd; Approval Date: December 8, 2023.
Coterra Energy Inc.; Pad ID: ConboyT P1; ABR-202312002; Middletown Township, Susquehanna County, Pa.; Consumptive Use of Up to 5.0000 mgd; Approval Date: December 10, 2023.
Greylock Production, LLC; Pad ID: Ron Well Pad; ABR-202312001; Hector Township, Potter County, Pa.; Consumptive Use of Up to 6.0000 mgd; Approval Date: December 10, 2023.
RENEWAL - Chesapeake Appalachia, L.L.C.; Pad ID: Edger; ABR-201112020.R2; Smithfield Township, Bradford County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date: December 18, 2023.
RENEWAL - Chesapeake Appalachia, L.L.C.; Pad ID: RGB; ABR-201112021.R2; Smithfield Township, Bradford County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date: December 18, 2023.
RENEWAL - Chesapeake Appalachia, L.L.C.; Pad ID: Wildonger; ABR-201112026.R2; Wyalusing Township, Bradford County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date: December 18, 2023.
RENEWAL - Chesapeake Appalachia, L.L.C.; Pad ID: Yost; ABR-201112022.R2; Franklin Township, Bradford County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date: December 18, 2023.
RENEWAL - Coterra Energy Inc.; Pad ID: CareyR P1; ABR-201112023.R2; Harford Township, Susquehanna County, Pa.; Consumptive Use of Up to 5.0000 mgd; Approval Date: December 18, 2023.
RENEWAL - Seneca Resources Company, LLC; Pad ID: DCNR 007 Pad K; ABR-201112018.R2; Delmar Township, Tioga County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval Date: December 18, 2023.
RENEWAL - SWN Production Company, LLC; Pad ID: NR-11-DAYTON-PAD; ABR-201312002.R2; Great Bend Township, Susquehanna County, Pa.; Consumptive Use of Up to 4.9990 mgd; Approval Date: December 18, 2023.
RENEWAL - SWN Production Company, LLC; Pad ID: NR-14-BRANT-PAD; ABR-201312001.R2; Great Bend Township, Susquehanna County, Pa.; Consumptive Use of Up to 4.9990 mgd; Approval Date: December 18, 2023.
RENEWAL - SWN Production Company, LLC; Pad ID: RU-40-BREESE-PAD; ABR-201312003.R2; New Milford Township, Susquehanna County, Pa.; Consumptive Use of Up to 4.9990 mgd; Approval Date: December 18, 2023.
RENEWAL - Seneca Resources Company, LLC; Pad ID: Cotton Hanlon 595; ABR-201612001.R1; Sullivan Township, Tioga County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval Date: December 20, 2023.
RENEWAL - EQT ARO LLC; Pad ID: Kurt Haufler Pad A; ABR-201312005.R2; Cogan House Township, Lycoming County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval Date: December 26, 2023.
RENEWAL - Repsol Oil & Gas USA, LLC; Pad ID: STICKNEY (07 087) A; ABR-201312004.R2; Choconut Township, Susquehanna County, Pa.; Consumptive Use of Up to 6.0000 mgd; Approval Date: December 26, 2023.
RENEWAL - Seneca Resources Company, LLC; Pad ID: Scheible 898; ABR-201112039.R2; Deerfield Township, Tioga County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval Date: December 26, 2023.
RENEWAL - SWN Production Company, LLC; Pad ID: LOCH; ABR-201112031.R2; Cogan House Township, Lycoming County, Pa.; Consumptive Use of Up to 4.9990 mgd; Approval Date: December 26, 2023.
Inflection Energy (PA) LLC; Pad ID: Easton Well Site; ABR-202312004; Upper Fairfield Township, Lycoming County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval Date: December 29, 2023.
RENEWAL - Coterra Energy Inc.; Pad ID: Jeffers Farms P1; ABR-201112003.R2; Harford Township, Susquehanna County, Pa.; Consumptive Use of Up to 5.0000 mgd; Approval Date: December 29, 2023.
AUTHORITY: Public Law 91-575, 84 Stat. 1509 et seq., 18 CFR parts 806 and 808.
DATED: January 5, 2024
JASON E. OYLER
General Counsel and Secretary to the Commission
[24-03-11]
SUSQUEHANNA RIVER BASIN COMMISSION
Projects Approved
for Minor Modifications
AGENCY: Susquehanna River Basin Commission.
ACTION: Notice.
SUMMARY: This notice lists the minor modifications approved for a previously approved project by the Susquehanna River Basin Commission during the period set forth in DATES.
DATES: December 1-31,2023
ADDRESSES: Susquehanna River Basin Commission, 4423 North Front Street, Harrisburg, PA 17110-1788.
FOR FURTHER INFORMATION CONTACT: Jason E. Oyler, General Counsel and Secretary to the Commission, telephone: (717) 238-0423, ext. 1312; fax (717) 238-2436; e-mail: joyler@srbc.net. Regular mail inquiries may be sent to the above address.
SUPPLEMENTARY INFORMATION: This notice lists previously approved projects receiving approval of minor modifications, described below, pursuant to 18 CFR § 806.18 or Commission Resolution Nos. 2013-11 and 2015-06 for the time period specified above.
Global Tungsten & Powders LLC (consumptive use), Docket No. 20231221, North Towanda Township and Towanda Borough, Bradford County, Pa.; modification approval to adjust the term of approval and align term with the term of another Commission docket approval; Approval Date: December 15, 2023.
AUTHORITY: Public Law 91-575, 84 Stat. 1509 et seq., 18 CFR parts 806 and 808.
DATED: January 5, 2024
Jason E. Oyler
General Counsel and Secretary to the Commission
[24-03-08]
WATER AND SCIENCE ADMINISTRATION
Water Quality
Certification 23-WQC-0033
Joseph Trossbach & Bruce Wilson
Dave Knorr
1404 S. Main Chapel Way
Suite 104
Gambrills, MD 21054
Add’l. Info: Pursuant to COMAR 26.08.02.10F(3)(c), The Maryland Department of the Environment is providing notice of its issuance of a Water Quality Certification 23-WQC-0033.
Location: On the Chesapeake Bay at 17538 & 17350 St. Jeromes Neck Road, St Mary's County.
Description of Authorized Work: 1) To fill, grade, and plant marsh vegetation by emplacing woody derbris and 8,077 cubic yards of sand, 111,779 square feet of spartina patens, 34,549 square feet of spartina altemiflora and a series of six breakwaters that will consist of the following; a 170-foot long by 21-foot wide stone breakwater; a 206-foot long by 19-foot wide stone breakwater; a 265-foot long by 17-foot wide stone breakwater; a 250-foot long by 20-foot wide stone breakwater; a 205-foot long by 20-foot wide stone breakwater; a 338-foot long by 21-foot wide stone breakwater; 2) Create 16,425 square feet of oyster habit by emplacing oyster shell adjacent the proposed breakwaters, all extending a maximum of 273 feet channelward of the mean high water line.
The WQC and its attachments may be viewed at the following link: https://mde.maryland.gov/programs/Water/WetlandsandWaterways/Pages/WQC.aspx
Appeal of Final Decision. This Water Quality Certification is a final agency decision. Any person aggrieved by the Department’s decision to issue this WQC may appeal such decision in accordance with COMAR 26.08.02.10F(4). A request for appeal shall be filed with the Department within 30 days of publication of the final decision and specify in writing the reason why the final decision should be reconsidered. A request for appeal shall be submitted to: Secretary of the Environment, Maryland Department of the Environment, 1800 Washington Boulevard, Baltimore, MD 21230. Any request for an appeal does not stay the effectiveness of this WQC.
Contact: Justin Bereznak at justin.bereznak@maryland.gov or 410-537-3782
[24-03-09]
WATER AND SCIENCE ADMINISTRATION
Water Quality
Certification 24-WQC-0004
US Wind
c/o Jeffrey Grybowski
401 East Pratt Street, Suite 1810
Baltimore, Maryland 21202
Add’l. Info: Pursuant to COMAR 26.08.02.10F(1)(d), The Maryland Department of the Environment is providing notice of a scheduled Public Hearing for Water Quality Certification 24-WQC-0004.
Location: 12929 & 12933 Harbor Road, Ocean City, Worcester County, Maryland 21842
US Wind has requested a Water Quality Certification for the proposed tidal wetland impacts from the construction of a 625 foot long by 32 foot wide concrete pier with associated wave break and timber fenders and 435 linear feet of replacement bulkhead with associated timber fenders, all with a maximum of 390 feet channelward of the mean high water line. The purpose of this project is to improve navigable access. The project is located at the eastern terminus of Harbor Road, Ocean City, Worcester County, Maryland 21842.
The purpose of this notice is to solicit comments from the public about the proposed work and to announce the date of a Maryland Department of the Environment public informational hearing on the subject application. At this time, no decision has been made as to whether a certification will be issued. An in person public informational hearing has been scheduled for the referenced project on Monday, March 25, 2024 at Wor Wic Community College, 32000 Campus Drive, Salisbury, Maryland, 21804 in the Fulton-Owen Hall. The hearing will begin at 6:00 P.M. and end no later than 8:00 P.M. with a poster session from 5:30 PM until 6:00 PM. Written comments will be accepted until April 9, 2024.
Contact: R. Miles Simmons at robertm.simmons@maryland.gov or 410-627-4826.
[24-03-05]
MARYLAND DEPARTMENT OF HUMAN SERVICES
BCDSS KINSHIP PILOT REQUEST MEMO
MEMORANDUM
Date: December 29, 2023
To: Rafael López, Secretary
Maryland Department of Human Services
From: Brandi
Stockdale, LCSW-C, Director
Baltimore City Department of Social
Services
RE: BCDSS
Petition for Pilot to Waive Non-safety-related Standards for Kinship Licensing
Over the past
three years, Baltimore City Department of Social Services (BCDSS) has been
focused on improving kinship care so that whenever parents are unable to care
for their children, kinship caregivers in Baltimore City receive the resources
and services they need to support their loved ones. The agency established
goals related to kinship care: 50% of foster care placements with kin and 90%
of those families to be licensed caretakers.
As part of that
work, the BCDSS team recently developed a streamlined process for identifying
and licensing kinship caregivers called the BCDSS Gold Standard, based on
technical assistance from A Second Chance, Inc. with support from Annie E.
Casey Foundation. The new process aligns all the programs within BCDSS Child
Welfare towards the common goal of developing real support for kinship
caregivers, particularly during the licensing process. The process clarifies
expectations and timelines for families and for all involved BCDSS staff. Consistent
steps are built into the BCDSS Gold Standard to enhance support and improve the
kinship caregiver’s experience—and improve better outcomes for children. Below
are a few examples of the new BCDSS process:
·
As
of October 18, kinship caregivers receive payment under Provisional Approval
based on the first day of placement.
·
We
have decreased the timeline to grant restricted licensing to 90 days.
·
Staff
are required to have regular check-ins with kinship caregivers to provide
emotional, concrete, and logistical support.
·
Cross-program
teaming is expected at frequent intervals throughout the process.
My team and I
are extremely excited that DHS is engaged in efforts to revise COMAR and SSA
policy and to develop new kin-specific licensing standards for Maryland based
on the new federal rule. Title IV-E agencies previously had and continue to
have the ability to waive non-safety-related licensing/approval standards for
relative foster family homes on a case-by-case basis under the Social Security
Act (section 471(a)(10)(D).
Based on the
additional flexibility given to Title IV-E agencies to develop kin-specific
licensing processes to help meet the unique needs of kin caregivers, BCDSS
requests DHS approval for a local pilot to entirely waive the following five
non-safety related standards for Restricted Resource Homes below, consistent
with new federal rule related to kinship.
1. COMAR
07.02.25.04(B) - Citizenship verification or residency status
Justification:
Citizenship does
not guarantee or ensure the safety of children in kinship care. We shall ensure
we are providing excellent services to all of our families, regardless of
citizenship status.
Background
checks, home visits, and ongoing conversations shall remain a standard for all
potential kinship resources. We shall conduct name based background checks for
individuals who do not have immigration documentation or provide alternatives
for individuals without fingerprints. Immigrants who do not have valid US Citizenship and Immigration
documentation are eligible to apply for a non-compliant driver's license or
identification card in the state of Maryland. Additional documentation and
requirements are needed to complete that process with the Motor Vehicle
Administration.
These efforts
will ensure our standards reflect community and cultural considerations which
aligns with research that demonstrates that kinship care helps to preserve
children’s cultural identity and relationship to their community.
2. COMAR
07.02.25.06(E)(4)(b) - Request names of three references
Given the
totality of the assessment with the family, the safety of children in kinship
care is not determined nor enhanced by personal or other references an agency
obtains about kinship caregivers. Practice has demonstrated that collecting
these reports from references are mainly positive and support the children in
the care of the kinship caregiver, and do not yield critical information to the
assessment of the family. The ongoing engagement and interviews with the youth,
parent(s), extended family, and other social relationships by BCDSS staff will
support the ongoing assessment of the home.
3. COMAR
07.02.25.06(E)(4)(d)- Obtain verification of income
Justification:
The safety of
children is assessed through a comprehensive evaluation that considers multiple
aspects of the child’s living situation. Families impacted by poverty or
managing their household with a reduced income is not evidence of an unsafe
home.
Federal guidance
allows considerations for the disregard of certain income. Kinship families
unlike foster parents are willing to open their homes under emergent
circumstances to support their family with a limited or fixed income. Most kin
impacted are families of color and unnecessary income verification requirements
have a disparate negative impact on such children and families. Per federal
guidance, ethnically and culturally diverse populations are disproportionately
represented in kinship homes.
The provision of
immediate financial, concrete, and community supports for kinship families will
mitigate potential risk factors and barriers for kinship families. In addition,
the home study process allows ongoing conversations with the kinship family related
to managing the expenses of caring for children, other household expenses,
budgeting, and resources available for the support of children in their care.
4. COMAR
07.02.25.06(E)(4)(e) - Request marital documents
Justification:
The marital
status of those in the kinship household is not relevant to safety or
suitability for the care of children. Background clearances of all current,
past, or name variations shall address safety requirements. Home visits with
the kinship family will assess all individuals who reside in the home. Practice
has demonstrated that locating these documents verifying marital status
requires additional time for the caregiver which can delay the licensing
process.
5. COMAR
07.02.26.04(1),(2) and (4)- Sleeping and Living Quarters
Justification
Federal guidance
allows for considerations for children to share sleeping spaces. Bunk beds and
sharing appropriate sleeping space with other children may be appropriate in a
kinship home. Safe sleeping arrangements can include a variety of bed types
such as bunk beds, trundle beds, or other arrangements, as long as they meet
safety standards and guidelines. Bunk beds shall be considered another safe
sleeping arrangement in a kinship home. Ongoing assessments during home visits
with the kinship family can ensure that all safety related standards
(age-appropriate children) are met when using this type of bed. Guidance shall
follow the national standard for children under 12 months old and apply the
Prudent Parent Standard (based on age and development).
Similarly, the
current bedroom size requirements do not account for smaller homes and living
quarters. Also, youth who have experienced the trauma of abuse/neglect and
being separated from their parents may need additional time and support to
share sleeping spaces beyond the age of 2. The ongoing assessment of the home
will ensure each child has appropriate sleeping space, and BCDSS staff shall
evaluate suitability without explicit limitations on the sleeping arrangements.
Lastly, the
current policy and regulation is not inclusive and limits to binary genders,
male and female only, and does not accommodate the needs of LGBTQIA+ youth.
As BCDSS
uncovers other non-safety regulatory requirements that are either not
applicable to kinship providers or conflict with best practices we will
continue to communicate those findings with DHS. Furthermore, through this
local pilot, BCDSS can provide feedback to inform Maryland’s new kin-specific
licensing process and development of revised kinship policy, practice, and
performance management guidance. Our partners from the Annie E. Casey Foundation
Family Well-being Strategy Group and A Second Chance, Inc. will continue to
provide best practice technical assistance and support BCDSS as we implement
changes necessary to achieve our goals.
Thank you for
the opportunity to submit this proposal for your consideration.
[24-03-07]
Notice
of ADA Compliance
The State of Maryland is committed to
ensuring that individuals with disabilities are able to fully participate in
public meetings. Anyone planning to
attend a meeting announced below who wishes to receive auxiliary aids,
services, or accommodations is invited to contact the agency representative at
least 48 hours in advance, at the telephone number listed in the notice or
through Maryland Relay.
Subject Public Meeting—CANCELED
Date and Time: February 28, 2024, 9 a.m.
Add’l. Info: This meeting, notice of which was posted in the January 26, 2024, issue of the Maryland Register, has been canceled.
Contact: Amanda Redmiles 410-537-4466
[24-03-15]
DIVISION OF LABOR AND INDUSTRY/MARYLAND OCCUPATIONAL SAFETY AND HEALTH (MOSH)
Date and Time: February 15, 2024, 10 — 11:30 a.m. (in person only); Additional Date: February 26, 2024, 1 — 2:30 p.m. (in person and virtual)
Place: Please details below.
Add’l. Info:
MOSH is
hosting Heat Illness Prevention Stakeholder Meetings.
Thursday,
February 15, 2024, 10—11:30 a.m.
Maryland Heat Stress Illness Prevention Stakeholder Meeting #3
IN PERSON ONLY
Chesapeake College
1000 College Circle, HPAV-127
Wye Mills, MD 21679
Register here: Easton (In Person only Stakeholder
meeting)
Monday, February
26, 2024, 1—2:30 p.m.
Maryland Heat Stress Illness Prevention Stakeholder Meeting #4
HYBRID (In
person and virtual)
Maryland Occupational Safety and Health Headquarters
10946 Golden West Drive, Suite 160
Hunt Valley, MD 21031
Google Meet joining info:
Video call link:
https://meet.google.com/gxd-hsab-kwv
Or dial: (US) +1 304-564-8201
PIN: 558 831 579#
Register here: Hybrid Stakeholder meeting (Hunt Valley)
Additionally, comments can be
submitted to dli.regulations+heat@maryland.gov by Friday, March 15, 2024, for the best consideration.
Contact: Tiffany Jones 410 767-2182
[24-03-04]
MARYLAND STATE LOTTERY AND GAMING CONTROL COMMISSION
Date and Time: February 22, 2024, 10 a.m. — 12 p.m.
Place: Montgomery Business Park, 1800 Washington Blvd., Ste. 330, Baltimore, MD
Add’l. Info: The meeting will be held in person at Lottery Headquarters and virtually. The link will be available on the website the day of the meeting at https://www.mdgaming.com/commission-meeting-2-22-2024/.
Contact: Kathy Lingo 410-230-8790
[24-03-05]
MARYLAND HEALTH CARE COMMISSION
Date and Time: February 22, 2024, 1 — 4 p.m.
Place: 4160 Patterson Ave., Baltimore, MD
Add’l. Info: Meeting will be hybrid. Please register to attend in advance on the Commission website at https://mhcc.maryland.gov/.
Contact: Valerie Wooding 410-764-3570
[24-03-06]
MARYLAND COLLEGE COLLABORATION FOR STUDENT VETERANS COMMISSION
Date and Time: February 15, 2024, 10 a.m. — 12 p.m.
Place: Virtual Meeting
Contact: Denise Nooe 410-260-3840
[24-03-03]
BOARD OF WATERWORKS AND WASTE SYSTEMS OPERATORS
Date and Time: February 15, 2024, 10 a.m. — 12 p.m.
Place: Online via Google Chat — please see the Board’s webpage for meeting details at https://mde.maryland.gov/programs/Permits/EnvironmentalBoards/Pages/BWW.aspx.
Add’l. Info: A portion of this meeting may be held in closed session.
Contact: J. Martin Fuhr 410-537-3588
[24-03-02]