Capitol Building Maryland Register

Issue Date:  February 9, 2024

Volume 51 •  Issue 3  • Pages 123 — 192

IN THIS ISSUE

Governor

Judiciary

Regulations

Special Documents

General Notices

Pursuant to State Government Article, §7-206, Annotated Code of Maryland, this issue contains all previously unpublished documents required to be published, and filed on or before January 22, 2024 5 p.m.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

Seal

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; Tami Cathell, Help Desk, COMAR and Maryland Register Online.

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.

 

The Governor

EXECUTIVE ORDER 01.01.2024.05

Establishing the Governor’s Office for Children and the
   Governor’s Office of Crime Prevention and Policy .  131

EXECUTIVE ORDER 01.01.2024.06

Reorganization of State Government — Establishing the
   Governor’s Office for Children and Governor’s Office of
   Crime Prevention and Policy ................................................  134

EXECUTIVE ORDER 01.01.2024.07

Rescission of Executive Order 01.01.2024.03 .  148

EXECUTIVE ORDER 01.01.2024.08

Maryland Economic Council  148

 

The Judiciary

SUPREME COURT OF MARYLAND

DISCIPLINARY PROCEEDINGS ..................................  151

 

Emergency Action on Regulations

10 MARYLAND DEPARTMENT OF HEALTH

MARYLAND HEALTH CARE COMMISSION

Certification of Electronic Health Networks and Medical Care
   Electronic Claims Clearinghouses ........................................  152

Health Information Exchanges: Privacy and Security of
   Protected Health Information .  152

BOARD OF ENVIRONMENTAL HEALTH SPECIALISTS

Licensing Procedures .  153

Continuing Education .  153

15 MARYLAND DEPARTMENT OF AGRICULTURE

OFFICE OF THE SECRETARY

Cost Sharing—Water Pollution Control Program ...................  153

 

Final Action on Regulations

08 DEPARTMENT OF NATURAL RESOURCES

OFFICE OF THE SECRETARY

Off-Road Vehicles .  154

12 DEPARTMENT OF PUBLIC SAFETY AND
   CORRECTIONAL SERVICES

DIVISION OF CORRECTION

Inmate Mail  154

OPERATIONS

Incarcerated Individual Mail  154

PATUXENT INSTITUTION

Inmate Mail  154

14 INDEPENDENT AGENCIES

MARYLAND AUTOMOBILE INSURANCE FUND

Uninsured Persons’ Claims for Compensation from the
   Maryland Automobile Insurance Fund .  154

MARYLAND HEALTH BENEFIT EXCHANGE

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 ................  154

Termination, Cancellation, and Rescission of Qualified Health
   Plan ........................................................................................  154

Carrier Certification Standards ................................................  154

Plan Certification Standards .  154

 

Proposed Action on Regulations

05 DEPARTMENT OF HOUSING AND COMMUNITY
   DEVELOPMENT

REVITALIZATION PROGRAMS

Business Facade Improvement Program ..................................  156

10 MARYLAND DEPARTMENT OF HEALTH

MEDICAL CARE PROGRAMS

Behavioral Health Crisis Services .  159

Health Homes ...........................................................................  161

Programs of All-Inclusive Care for the Elderly
   (PACE) ..................................................................................  162

Collaborative Care Model  164

MARYLAND HEALTHCHOICE PROGRAM

Maryland Medicaid Managed Care Program:
   Definitions .............................................................................  164

Maryland Medicaid Managed Care Program:
   Benefits .  164

HUMAN IMMUNODEFICIENCY VIRUS (HIV) INFECTION
   AND ACQUIRED IMMUNODEFICIENCY SYNDROME
   (AIDS)

Maryland AIDS Drug Assistance Program: Eligibility .  166

Maryland AIDS Drug Assistance Program: Pharmacy
   Services .  166

MENTAL HYGIENE REGULATIONS

Maryland Mental Health and Substance Use Disorder
   Registry and Referral System ..  167

COMMUNITY-BASED BEHAVIORAL HEALTH
   PROGRAMS AND SERVICES

Programs Required to Be Accredited in Order to Be
   Licensed to Provide Community-Based Behavioral
   Health Services .  168

Descriptions and Criteria for Programs and Services
   Required to Have an Accreditation-Based License ..............  168

Outpatient Civil Commitment (OCC) Pilot Program ..  173

MARYLAND HEALTHCHOICE PROGRAM

Maryland Medicaid Managed Care Program: Eligibility and
   Enrollment  174

Maryland Medicaid Managed Care Program: Managed Care
   Organizations .  174

Maryland Medicaid Managed Care Program: Access .  174

Maryland Medicaid Managed Care Program: Benefits .  174

Maryland Medicaid Managed Care Program: Non-Capitated
   Covered Services .  174

11 DEPARTMENT OF TRANSPORTATION

MOTOR VEHICLE ADMINISTRATION —
   ADMINISTRATIVE PROCEDURES

Ignition Interlock Program ..  177

MOTOR VEHICLE ADMINISTRATION — VEHICLE
   EQUIPMENT

Ignition Interlock Systems .......................................................  177

MOTOR VEHICLE ADMINISTRATION—MOTORCYCLE
   SAFETY PROGRAM

Motorcycle Safety Training Centers .  178

14 INDEPENDENT AGENCIES

MARYLAND ENERGY ADMINISTRATION

Clean Energy Grant Program ...................................................  183

Maryland Clean Energy Incentive Tax Credit Program ..  183

18 DEPARTMENT OF ASSESSMENTS AND TAXATION

ASSESSMENT ADMINISTRATION

Appeal Hearings .......................................................................  184

EXEMPTIONS

Disabled Veteran, Surviving Spouse, Disabled Active Duty
   Service Member ....................................................................  184

31 MARYLAND INSURANCE ADMINISTRATION

HEALTH INSURANCE—GENERAL

Disability Benefit Claims Procedures .  185

 

Special Documents

DEPARTMENT OF THE ENVIRONMENT

SUSQUEHANNA RIVER BASIN COMMISSION

Projects Approved for Consumptive Uses of Water ............  187

Projects Approved for Minor Modifications .  188

WATER AND SCIENCE ADMINISTRATION

Water Quality Certification 23-WQC-0033 .  188

Water Quality Certification 24-WQC-0004 .........................  189

MARYLAND DEPARTMENT OF HUMAN SERVICES

BCDSS KINSHIP PILOT REQUEST MEMO ................  189

 

General Notices

DEPARTMENT OF THE ENVIRONMENT

Public Meeting—CANCELED ................................................  191

DIVISION OF LABOR AND INDUSTRY/MARYLAND
   OCCUPATIONAL SAFETY AND HEALTH (MOSH)

Public Meetings .  191

MARYLAND STATE LOTTERY AND GAMING CONTROL
   COMMISSION

Public Meeting .  191

MARYLAND HEALTH CARE COMMISSION

Public Meeting .........................................................................  191

MARYLAND COLLEGE COLLABORATION FOR
   STUDENT VETERANS COMMISSION

Public Meeting .  191

BOARD OF WATERWORKS AND WASTE SYSTEMS
   OPERATORS

Public Meeting .........................................................................  191

 

 

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
Date

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)

 

The Governor

EXECUTIVE ORDER 01.01.2024.05

(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]

 

EXECUTIVE ORDER 01.01.2024.06

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]

 

EXECUTIVE ORDER 01.01.2024.07

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]

 

EXECUTIVE ORDER 01.01.2024.08

(Amends Executive Order 01.01.2023.09)

 

Maryland Economic Council

 

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.

(4) The Council shall submit an annual report to the Governor on or before January 1, 2024, and by October 1st each year thereafter, outlining the current economic conditions impacting the macroeconomic environment, evaluating their impact on Maryland’s economy, and recommending courses of action consistent with its’ duties under section E of this order.

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]

 

 

The Judiciary

SUPREME COURT OF MARYLAND

DISCIPLINARY PROCEEDINGS

     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

 

 

Final Action on Regulations

 

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

08.01.03 Off-Road Vehicles

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

 

Title 14
INDEPENDENT AGENCIES

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.

.02 License Requirements.

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.

.04 Participant Eligibility.

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.

.05 Covered Services.

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.

.06 Limitations.

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.

.07 Payment Procedures.

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.

.12 Interpretive Regulation.

State regulations are interpreted as set forth in COMAR 10.09.36.10.

LAURA HERRERA SCOTT
Secretary of Health

 

Subtitle 09 MEDICAL CARE PROGRAMS

10.09.33 Health Homes

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
Health

(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
Health

(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
Health

(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