reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Health - General › Title 18 - Disease Prevention › Subtitle 9 - Catastrophic Health Emergency Disease Surveillance and Response Program › Section 18-903 - Development and Implementation of Contingency Plans

(a)    (1)    In accordance with procedures to be adopted by the Department, the Secretary, in consultation with health care facilities, may require health care facilities to develop and implement contingency plans addressing:
(i)    Staff training needs;
(ii)    Stockpiling of equipment, medication, and supplies necessary to address a catastrophic health emergency;
(iii)    Treatment and decontamination protocols;
(iv)    The coordination of services with other public and private entities; and
(v)    Any other area that the Secretary determines is necessary to assist in the early detection and treatment of an individual exposed to a deadly agent.
(2)    To the extent feasible, the procedures to be adopted by the Department under paragraph (1) of this subsection shall be consistent with accreditation requirements of the Joint Commission on Accreditation of Healthcare Organizations.
(b)    After consulting with the appropriate licensing board, the Secretary:
(1)    Shall publish protocols to assist health care practitioners in developing plans to respond to a catastrophic health emergency; and
(2)    May, if necessary, require health care practitioners to implement the plans developed under item (1) of this subsection.
(c)    The Secretary shall coordinate with the health occupations boards to develop a process to license, certify, or credential both licensed health care practitioners and out–of–state health care practitioners who may be needed to respond to a catastrophic health emergency.
2023 Maryland Statutes › Health - General › Title 18 - Disease Prevention › Subtitle 9 - Catastrophic Health Emergency Disease Surveillance and Response Program › Section 18-905 - Enforcement

(a)    In investigating actual or potential exposures to a deadly agent, the Secretary:
(1)    (i)    May issue an order requiring individuals whom the Secretary has reason to believe have been exposed to a deadly agent to seek appropriate and necessary evaluation and treatment;
(ii)    When the Secretary determines that it is medically necessary and reasonable to prevent or reduce the spread of the disease or outbreak believed to have been caused by the exposure to a deadly agent, may order an individual or group of individuals to go to and remain in places of isolation or quarantine until the Secretary determines that the individual no longer poses a substantial risk of transmitting the disease or condition to the public; and
(iii)    If a competent individual over the age of 18 refuses vaccination, medical examination, treatment, or testing under this paragraph, may require the individual to go to and remain in places of isolation or quarantine until the Secretary determines that the individual no longer poses a substantial risk of transmitting the disease or condition to the public;
(2)    May coordinate and direct the efforts of any health officer or health commissioner of any subdivision in seeking to detect or respond to threats posed by a deadly agent; and
(3)    May order any sheriff, deputy sheriff, or other law enforcement officer of the State or any subdivision to assist in the execution or enforcement of any order issued under this subtitle.
(b)    The Secretary may issue an order under subsection (a) of this section:
(1)    If, prior to the issuance of a proclamation under § 14-3A-02 of the Public Safety Article, the Secretary determines that the disease or outbreak can be medically contained by the Department and appropriate health care providers; and
(2)    As necessary to implement an order issued by the Governor under § 14-3A-02 of the Public Safety Article.
2023 Maryland Statutes › Health - General › Title 18 - Disease Prevention › Subtitle 9 - Catastrophic Health Emergency Disease Surveillance and Response Program › Section 18-907 - Failure to Comply

(a)    (1)    A person may not knowingly and willfully fail to comply with any order, regulation, or directive issued in accordance with § 18-905 of this subtitle.
(2)    A person who violates paragraph (1) of this subsection is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $3,000 or both.
(b)    If a health care facility fails to comply with an order, regulation, or directive issued under § 18-903 or § 18-904 of this subtitle, the Secretary may impose a civil penalty not to exceed $3,000 for each offense.
(c)    If a health care practitioner fails to comply with an order, regulation, or directive issued under § 18-903 or § 18-904 of this subtitle, the Secretary may request the appropriate licensing board to take disciplinary action against the health care practitioner, including:
(1)    Placing the licensee or certificate holder on probation;
(2)    Suspending or revoking the license or certificate holder; or
(3)    Imposing a civil penalty not to exceed $3,000 for each offense.
(d)    A health care provider acting in good faith and in accordance with a catastrophic health emergency disease surveillance and response program is immune from civil or criminal liability related to those actions, unless the health care provider acts with willful misconduct.
2023 Maryland Statutes › Health - General › Title 18 - Disease Prevention › Subtitle 9 - Catastrophic Health Emergency Disease Surveillance and Response Program › Section 18-908 - Report by Secretary

(a)    On or before December 31, 2002, the Secretary shall submit a report to the Governor and to the General Assembly in accordance with § 2–1257 of the State Government Article regarding any plans, procedures, or protocols developed under this subtitle or any recommendations for additional legislation that may be necessary to respond to a catastrophic health emergency.
(b)    The Secretary shall update the report required under subsection (a) of this section every 3 years or when any plan, procedure, or protocol developed under this subtitle or any other provision of this subtitle is used in order to detect a catastrophic health emergency.
2023 Maryland Statutes › Health - General › Title 18 - Disease Prevention › Subtitle 9A - Covid-19 Testing, Contact Tracing, and Vaccination Act › Section 18-9A-01 - Definitions

(a)    In this section the following words have the meanings indicated.
(b)    “COVID–19” means, interchangeably and collectively, the coronavirus known as COVID–19 or 2019–nCoV and the SARS–CoV–2 virus.
(c)    “COVID–19 test” means  an in vitro diagnostic test for the detection of SARS–CoV–2 or the diagnosis of the virus that causes COVID–19, as described in § 3201 of the federal Coronavirus Aid, Relief, and Economic Security (CARES) Act.
2023 Maryland Statutes › Health - General › Title 18 - Disease Prevention › Subtitle 9A - Covid-19 Testing, Contact Tracing, and Vaccination Act › Section 18-9A-03 - Submission of Plan for Vaccinating Residents -- Information Included in Plan -- Progress Reports

(a)    (1)    On or before  June 1, 2021, the Department, with input from subject matter experts and other relevant stakeholders, shall develop and submit to the General Assembly a comprehensive plan for vaccinating residents of the State against COVID–19.
(2)    The plan required under paragraph (1) of this subsection shall include:
(i)    Detailed information on:
1.    The categories of residents of the State who will receive priority access to vaccines for COVID–19;
2.    The timeline for providing vaccines for COVID–19 to residents in each of the priority categories and to members of the general public who are not included in priority categories; and
3.    Target metrics for vaccinating residents in each of the priority categories and for members of the general public who are not included in priority categories;
(ii)    A dedication of time and resources to target vaccine distribution and vaccine safety outreach efforts to communities that have been disproportionately impacted by COVID–19 infection, morbidity, and mortality;
(iii)    A vaccine distribution strategy that allocates resources and vaccines across all partners and vaccination sites in an equitable manner that ensures that the vaccine allocation by jurisdiction accounts for the disproportionate impact of the COVID–19 pandemic on underserved and minority communities; and
(iv)    A strategy for outreach and distribution of vaccines to individuals who are not receiving the vaccine, due to either lack of access or vaccine hesitancy.
(b)    After submitting the COVID–19 vaccine plan to the General Assembly as required under subsection (a) of this section, the Department shall provide weekly progress reports on implementation of the COVID–19 vaccine plan to the General Assembly for the duration of calendar year 2021.
(c)    The COVID–19 vaccine plan and progress reports required under this section shall be submitted to the General Assembly in accordance with § 2–1257 of the State Government Article.
2023 Maryland Statutes › Health - General › Title 18 - Disease Prevention › Subtitle 9A - Covid-19 Testing, Contact Tracing, and Vaccination Act › Section 18-9A-04 - Public Health Modernization Workgroup -- Members of Workgroup -- Duties -- Submission of Report

(a)    The Department shall convene a Maryland Public Health Modernization Workgroup.
(b)    The Workgroup shall include representatives of the Department, local health departments, subject matter experts, and any other relevant stakeholders.
(c)    The Workgroup shall:
(1)    Assess the current public health infrastructure and resources in the State;
(2)    Make recommendations for how to establish a modern and effective public health system with a capacity to:
(i)    Monitor, prevent, control, and mitigate the spread of infectious disease; and
(ii)    Achieve State Health Improvement Process goals;
(3)    Make recommendations regarding the establishment of a Maryland Public Health Job Corps to respond to the outbreak of COVID–19 or similar outbreaks; and
(4)    Consider, where appropriate, the use of federal funds to implement any recommendations made under this subsection.
(d)    On or before December 1, 2021, the Department shall submit a report to the General Assembly, in accordance with § 2–1257 of the State Government Article, that includes the findings and recommendations of the Workgroup established under this section.
2023 Maryland Statutes › Health - General › Title 18 - Disease Prevention › Subtitle 10 - Hepatitis C Virus › Section 18-1001 - Assessment and Information Program

As funds are available, the Department shall:
(1)    Conduct a needs assessment to determine the incidence of the hepatitis B virus and hepatitis C virus in the State;
(2)    Initiate a statewide public awareness campaign targeting vulnerable populations and health care providers in the State to urge hepatitis B virus and hepatitis C virus education and testing;
(3)    Coordinate with other units of State government, including the Department of Public Safety and Correctional Services and the Veterans’ Administration, to activate a hepatitis C virus plan for the education, testing, and treatment of the populations within the jurisdiction of the units;
(4)    Solicit funding from the private sector and units of federal, State, and local government for hepatitis B virus and hepatitis C virus outreach;
(5)    Provide funding for hepatitis C virus pilot programs, which may include programs in methadone clinics or programs for the Department of Correctional Services population;
(6)    Review and recommend initiatives to promote advocacy, education, physician outreach, and awareness of the hepatitis B virus and hepatitis C virus;
(7)    Assess the feasibility of creating a Hepatitis C Virus Administration in the Department and examine methods to maximize existing resources to raise awareness of the hepatitis C virus;
(8)    Implement the 2005 Report of the Hepatitis C Advisory Council;
(9)    Coordinate with the Maryland Office of Minority Health and Health Disparities to develop a hepatitis B virus plan and a hepatitis C virus plan for the education, testing, and treatment of high risk populations and ethnic and racial populations who are affected disproportionately by the hepatitis B and hepatitis C viruses, including the Asian population and African immigrants;
(10)    Develop a plan to increase the availability of hepatitis B virus vaccinations in the State, in accordance with recommendations from the Centers for Disease Control and Prevention;
(11)    Develop recommendations to improve the awareness and the affordability of medications for treating the hepatitis C virus; and
(12)    Collaborate with the Maryland Insurance Administration to make recommendations regarding insurance coverage for the treatment of the hepatitis C virus.
2023 Maryland Statutes › Health - General › Title 18 - Disease Prevention › Subtitle 10 - Hepatitis C Virus › Section 18-1002 - Report

On or before December 1, 2006, and annually thereafter, the Department shall report to the Governor and, in accordance with § 2–1257 of the State Government Article, to the Senate Education, Health, and Environmental Affairs Committee and the House Health and Government Operations Committee on the activities of the Department in implementing § 18–1001 of this subtitle.
2023 Maryland Statutes › Health - General › Title 18 - Disease Prevention › Subtitle 11 - Academic Health Center Immunotherapy Research Fund › Section 18-1101 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Fund” means the Academic Health Center Immunotherapy Research Fund.
(c)    “Statewide academic health center” means:
(1)    The University of Maryland Medical System Corporation, the University of Maryland Medical School, and the University of Maryland, Baltimore Campus; or
(2)    The Johns Hopkins University and the Johns Hopkins Health Systems.
2023 Maryland Statutes › Health - General › Title 18 - Disease Prevention › Subtitle 11 - Academic Health Center Immunotherapy Research Fund › Section 18-1102 - Academic Health Center Immunotherapy Research Fund

(a)    There is an Academic Health Center Immunotherapy Research Fund.
(b)    The purpose of the Fund is to provide matching grants to statewide academic health centers for immunotherapy research.
(c)    The Secretary shall administer the Fund.
(d)    (1)    The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.
(2)    The State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund.
(e)    The Fund consists of:
(1)    Money appropriated in the State budget to the Fund; and
(2)    Any other money from any other source accepted for the benefit of the Fund.
(f)    (1)    The Fund may be used only for immunotherapy research.
(2)    To qualify for a grant from the Fund, a statewide academic health center must dedicate funding from other sources to be used for the purpose described under subsection (b) of this section.
(3)    The amount of a grant awarded from the Fund may not exceed the amount of funding dedicated by the statewide academic health center under paragraph (2) of this subsection.
(g)    (1)    The State Treasurer shall invest the money of the Fund in the same manner as other State money may be invested.
(2)    Any interest earnings of the Fund shall be credited to the General Fund of the State.
(h)    Expenditures from the Fund may be made only in accordance with the State budget.
(i)    Money expended from the Fund is supplemental to and is not intended to take the place of funding that otherwise would be appropriated to a statewide academic health center.
2023 Maryland Statutes › Health - General › Title 18 - Disease Prevention › Subtitle 12 - Parkinson's Disease › Section 18-1201 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Advisory Committee” means the Parkinson’s Disease Registry Advisory Committee.
(c)    “Parkinson’s disease” means a chronic and progressive disorder resulting from deficiency of the neurotransmitter dopamine as the consequence of specific degenerative changes in the area of the brain called the basal ganglia, characterized by tremors at rest, slow movements, muscle rigidity, stooped posture, and unsteady or shuffling gait.
2023 Maryland Statutes › Health - General › Title 18 - Disease Prevention › Subtitle 12 - Parkinson's Disease › Section 18-1203 - Advisory Committee Members -- Duties

(a)    The Advisory Committee shall:
(1)    Assist in the development and implementation of a Parkinson’s Disease Registry;
(2)    Determine what data shall be collected and be stored in a Parkinson’s Disease Registry and the methods to ensure the privacy and confidentiality of data collected and stored in the registry; and
(3)    Advise the Department on Parkinson’s disease and maintaining a Parkinson’s Disease Registry.
(b)    (1)    The Secretary shall appoint individuals to serve on the Advisory Committee, including:
(i)    A neurologist;
(ii)    A movement disorder specialist;
(iii)    A primary care provider;
(iv)    A physician informaticist;
(v)    A patient with Parkinson’s disease;
(vi)    A public health professional;
(vii)    A population health researcher familiar with disease registries;
(viii)    A Parkinson’s disease researcher; and
(ix)    Any other individuals the Secretary determines are necessary.
(2)    The Secretary shall establish:
(i)    The duration of term limits for members of the Advisory Committee;
(ii)    The frequency of meetings of the Advisory Committee;
(iii)    Rules and procedures for conducting business of the Advisory Committee; and
(iv)    Any other rules necessary for the Advisory Committee to function effectively.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 1 - Health Care Planning and Systems Regulation › Part I - Maryland Health Care Commission › Section 19-102 - In General

(a)    The General Assembly finds that the health care regulatory system in this State is a highly complex structure that needs to be constantly reevaluated and modified in order to better reflect and be more responsive to the ever changing health care environment and the needs of the citizens of this State.
(b)    The purpose of this subtitle is to establish a streamlined health care regulatory system in this State in a manner such that a single State health policy can be better articulated, coordinated, and implemented in order to better serve the citizens of this State.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 1 - Health Care Planning and Systems Regulation › Part I - Maryland Health Care Commission › Section 19-103 - Maryland Health Care Commission -- in General

(a)    There is a Maryland Health Care Commission.
(b)    The Commission is an independent commission that functions in the Department.
(c)    The purpose of the Commission is to:
(1)    Develop health care cost containment strategies to help provide access to appropriate quality health care services for all Marylanders, after consulting with the Health Services Cost Review Commission;
(2)    Promote the development of a health regulatory system that provides, for all Marylanders, financial and geographic access to quality health care services at a reasonable cost by:
(i)    Advocating policies and systems to promote the efficient delivery of and improved access to health care services; and
(ii)    Enhancing the strengths of the current health care service delivery and regulatory system;
(3)    Facilitate the public disclosure of medical claims data for the development of public policy;
(4)    Establish and develop a medical care database on health care services rendered by health care practitioners;
(5)    Encourage the development of clinical resource management systems to permit the comparison of costs between various treatment settings and the availability of information to consumers, providers, and purchasers of health care services;
(6)    In accordance with Title 15, Subtitle 12 of the Insurance Article, develop a uniform set of effective benefits to be included in the Comprehensive Standard Health Benefit Plan;
(7)    Analyze the medical care database and provide, in aggregate form, an annual report on the variations in costs associated with health care practitioners;
(8)    Ensure utilization of the medical care database as a primary means to compile data and information and annually report on trends and variances regarding fees for service, cost of care, regional and national comparisons, and indications of malpractice situations;
(9)    Establish standards for the operation and licensing of medical care electronic claims clearinghouses in Maryland;
(10)    Reduce the costs of claims submission and the administration of claims for health care practitioners and payors;
(11)    Determine the cost of mandated health insurance services in the State in accordance with Title 15, Subtitle 15 of the Insurance Article;
(12)    Promote the availability of information to consumers on charges by practitioners and reimbursements from payors; and
(13)    Oversee and administer the Maryland Trauma Physician Services Fund in conjunction with the Health Services Cost Review Commission.
(d)    The Commission shall coordinate the exercise of its functions with the Department and the Health Services Cost Review Commission to ensure an integrated, effective health care policy for the State.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 1 - Health Care Planning and Systems Regulation › Part I - Maryland Health Care Commission › Section 19-104 - Maryland Health Care Commission -- Composition; Terms

(a)    (1)    The Commission shall consist of 15 members appointed by the Governor with the advice and consent of the Senate.
(2)    Of the 15 members:
(i)    Nine shall be individuals who do not have any connection with the management or policy of a health care provider or payor; and
(ii)    Of the remaining six members:
1.    Two shall be physicians;
2.    Two shall be payors, as defined in § 19-132 of this subtitle;
3.    One shall be a nursing home administrator in the State; and
4.    One shall be a nonphysician health care practitioner.
(b)    (1)    The term of a member is 4 years.
(2)    The terms of members are staggered as required by the terms provided for members of the Commission on October 1, 1999.
(3)    At the end of a term, a member continues to serve until a successor is appointed and qualifies.
(4)    A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.
(5)    The Governor may remove a member for neglect of duty, incompetence, or misconduct.
(6)    A member may not serve more than two consecutive terms.
(c)    When appointing members to the Commission, the Governor shall:
(1)    Assure that:
(i)    At least five members are residents of different counties with a population of 300,000 or more; and
(ii)    At least three members are residents of different counties with a population of less than 300,000, of which at least:
1.    One shall be a resident of the Eastern Shore;
2.    One shall be a resident of Allegany County, Garrett County, Washington County, Carroll County, or Frederick County; and
3.    One shall be a resident of Southern Maryland; and
(2)    To the extent practicable, assure geographic balance and promote racial, ethnic, and gender diversity in the Commission's membership.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 1 - Health Care Planning and Systems Regulation › Part I - Maryland Health Care Commission › Section 19-106 - Executive Director

(a)    With the approval of the Governor, the Commission shall appoint an executive director who shall be the chief administrative officer of the Commission.
(b)    The executive director, the deputy directors, and the principal section chiefs serve at the pleasure of the Commission.
(c)    (1)    The executive director, the deputy directors, and the principal section chiefs shall be executive service or management service employees.
(2)    The Commission, in consultation with the Secretary, shall determine the appropriate job classification and, subject to the State budget, the compensation for the executive director, the deputy directors, and the principal section chiefs.
(d)    Under the direction of the Commission, the executive director shall perform any duty or function that the Commission requires.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 1 - Health Care Planning and Systems Regulation › Part I - Maryland Health Care Commission › Section 19-107 - Quorum; Meetings; Expenses; Staff

(a)    (1)    A majority of the full authorized membership of the Commission is a quorum.
(2)    The decision of the Commission shall be by a majority of the quorum present and voting.
(b)    The Commission shall meet at least six times each year, at the times and places that it determines.
(c)    Each member of the Commission is entitled to:
(1)    Compensation in accordance with the State budget; and
(2)    Reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.
(d)    (1)    The Commission may employ a staff in accordance with the State budget.
(2)    The Commission, in consultation with the Secretary, may set the compensation of a Commission employee in a position that:
(i)    Is unique to the Commission;
(ii)    Requires specific skills or experience to perform the duties of the position; and
(iii)    Does not require the employee to perform functions that are comparable to functions performed in other units of the Executive Branch of State government.
(3)    The Secretary of Budget and Management, in consultation with the Secretary, shall determine the positions for which the Commission may set compensation under paragraph (2) of this subsection.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 1 - Health Care Planning and Systems Regulation › Part I - Maryland Health Care Commission › Section 19-108 - Regulations Specifying Comprehensive Standard Health Benefit Plan

(a)    In addition to the duties set forth elsewhere in this subtitle, the Commission:
(1)    Shall adopt regulations specifying the Comprehensive Standard Health Benefit Plan to apply under Title 15, Subtitle 12 of the Insurance Article; and
(2)    On or before March 1, 2008, in consultation with the Department, shall propose regulations to:
(i)    Specify the components of wellness benefits, offered under Title 15, Subtitle 12 of the Insurance Article, that include incentives or differential cost–sharing for employees based on their participation in wellness activities; and
(ii)    Require small employers receiving a subsidy of small employer health benefit plan premium contributions under Title 15, Subtitle 12A of the Insurance Article to agree to purchase a wellness benefit.
(b)    In carrying out its duties under this section, the Commission shall comply with the provisions of § 15–1207 and Title 15, Subtitle 12A of the Insurance Article.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 1 - Health Care Planning and Systems Regulation › Part I - Maryland Health Care Commission › Section 19-108.1 - Application to Compare Premiums of Health Benefit Plans

(a)    In addition to the duties set forth elsewhere in this subtitle, the Commission shall maintain on its website an application that a small business may use to compare premiums of health benefit plans offered by health insurance carriers under Title 15, Subtitle 12 of the Insurance Article.
(b)    The application required under this section shall provide information on:
(1)    Premiums for health benefit plans sold under Title 15, Subtitle 12 of the Insurance Article, categorized by age bands; and
(2)    Premiums for health benefit plans sold under Title 15, Subtitle 12 of the Insurance Article that include riders typically purchased by small employers in the State.
(c)    The Commission shall update the information required under this section at least quarterly.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 1 - Health Care Planning and Systems Regulation › Part I - Maryland Health Care Commission › Section 19-108.4 - Annual Report by Commission on Primary Care -- Workgroup to Develop the Report -- Members

(a)    In this section, “primary care” means health care provided in the following fields’ outpatient settings:
(1)    Family medicine;
(2)    General pediatrics;
(3)    Primary care internal medicine;
(4)    Primary care obstetrics and gynecology;
(5)    Primary care nurse practitioner services; and
(6)    Primary care midwifery.
(b)    On or before December 1 each year, beginning in 2024, the Commission shall provide a report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly that includes:
(1)    An analysis of primary care investment over the immediately preceding year, including data stratified by zip code and county, in relation to total health care spending over the previous year;
(2)    Ways to improve the quality of and access to primary care services, with special attention to increasing health care equity, reducing health care disparities, and avoiding increased costs to patients and the health care system; and
(3)    Any findings and recommendations of the Commission.
(c)    (1)    The Commission shall form a workgroup to develop the report required under subsection (b) of this section, including by interpreting the results of the required analysis and making the recommendations.
(2)    The workgroup required under this subsection shall include representatives of:
(i)    The Maryland Primary Care Program;
(ii)    The Health Services Review Commission;
(iii)    The Maryland Insurance Administration;
(iv)    The Health Care Financing Division of the Maryland Department of Health;
(v)    The primary care community, including from the Maryland Academy of Family Physicians, the Maryland Chapter of the American Academy of Pediatrics, the Maryland Section of the American College of Obstetricians and Gynecologists, the Maryland Nurses Association, the Maryland Affiliate – American College of Nurse Midwives, the Maryland Community Health System, and the MidAtlantic Association of Community Health Centers;
(vi)    Payors of primary care services, including carriers and managed care organizations;
(vii)    Health services researchers with expertise in primary care; and
(viii)    Other interested stakeholders.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 1 - Health Care Planning and Systems Regulation › Part I - Maryland Health Care Commission › Section 19-110 - Secretarial Powers

(a)    Except as expressly provided in this subtitle, the power of the Secretary over plans, proposals, and projects of units in the Department does not include the power to disapprove or modify any regulation, decision, or determination that the Commission makes under authority specifically delegated by law to the Commission.
(b)    (1)    The power of the Secretary to transfer, by rule, regulation, or written directive, any staff, functions, or funds of units in the Department does not apply to any staff, function, or funds of the Commission.
(2)    The Secretary may assess an administrative charge, consistent with the indirect cost charge assessed to federal grants, to fund services provided to the Commission by the Executive Branch.
(c)    (1)    The power of the Secretary over the procurement procedure for units in the Department does not apply to the procurement procedure for the Commission.
(2)    Subject to the provisions of paragraph (1) of this subsection, any procurement for services to be performed or for supplies to be delivered to the Commission is subject to the purposes and requirements of the State Finance and Procurement Article.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 1 - Health Care Planning and Systems Regulation › Part II - Health Planning and Development › Section 19-115 - Duties of Commission in Health Planning and Development

(a)    In addition to the duties set forth elsewhere in this subtitle, in this Part II of this subtitle, the Commission shall:
(1)    Act as the State agency to represent the State under Title VI of the federal Public Health Service Act; and
(2)    Periodically participate in or perform analyses and studies that relate to:
(i)    Adequacy of services and financial resources to meet the needs of the population;
(ii)    Distribution of health care resources;
(iii)    Allocation of health care resources;
(iv)    Costs of health care in relationship to available financial resources; or
(v)    Any other appropriate matter.
(b)    In addition to the duties set forth elsewhere in this Part II of this subtitle, the Governor shall direct, as necessary, a State officer or agency to cooperate in carrying out the functions of the Commission.
(c)    This State recognizes the federal act and any amendment to the federal act that does not require State legislation to be effective. However, if the federal act is repealed or expires, this Part II of this subtitle remains in effect.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 1 - Health Care Planning and Systems Regulation › Part II - Health Planning and Development › Section 19-116 - Studies of Systems Capacity in Health Services

(a)    (1)    The Secretary shall provide for a study of systems capacity in health services.
(2)    The study shall:
(i)    Determine for all health delivery facilities and settings where capacity should be increased or decreased to better meet the needs of the population;
(ii)    Examine and describe the implementation methods and tools by which capacity should be altered to better meet the needs; and
(iii)    Assess the impact of those methods and tools on the communities and health care delivery system.
(b)    (1)    In addition to information that an applicant for a certificate of need must provide, the Commission may request, collect, and report any statistical or other information that:
(i)    Is needed by the Commission to perform its duties described in this Part II of this subtitle; and
(ii)    Is described in regulations of the Commission.
(2)    If a health care facility fails to provide information as required in this subsection, the Commission may:
(i)    Impose a penalty of not more than $100 per day for each day the violation continues after consideration of the willfulness and seriousness of the withholding, as well as any past history of withholding of information;
(ii)    Issue an administrative order that requires the applicant to provide the information; or
(iii)    Apply to the circuit court in the county in which the facility is located for legal relief considered appropriate by the Commission.
(3)    The Commission may send to the Department or a local health planning agency any statistical or other information the Commission is authorized to collect under paragraph (1) of this subsection.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 1 - Health Care Planning and Systems Regulation › Part II - Health Planning and Development › Section 19-117 - Designation of Health Service Areas; Revision of Boundaries; Effective Date of State Health Plan

(a)    In accordance with criteria that the Commission sets, the Governor shall designate health service areas in this State.
(b)    After a 1-year period, the Governor may review or revise the boundaries of a health service area or increase the number of health service areas, on the Governor’s initiative, at the request of the Commission, at the request of a local government, or at the request of a local health planning agency. Revisions to boundaries of health service areas shall be done in accordance with the criteria established by the Commission and with the approval of the legislature.
(c)    Within 45 days of receipt of the State health plan or a change in the State health plan, the plan becomes effective unless the Governor notifies the Commission of the Governor’s intent to modify or revise the State health plan adopted by the Commission.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 1 - Health Care Planning and Systems Regulation › Part II - Health Planning and Development › Section 19-118 - State Health Plan

(a)    (1)    On or before October 1 each year, the Commission shall adopt a State health plan.
(2)    The plan shall:
(i)    Be consistent with the Maryland All Payer Model Contract;
(ii)    Include methodologies, standards, and criteria for certificate of need review; and
(iii)    Prioritize conversion of acute capacity to alternative uses where appropriate.
(b)    Annually or on petition by any person, the Commission shall:
(1)    Assess each State health plan chapter;
(2)    Determine the chapter or chapters of the State health plan that should be reviewed and revised;
(3)    Establish, at a public meeting, the priority order and timeline of the State health plan chapter review and revision; and
(4)    Publish any changes in the State health plan that the Commission considers necessary, subject to the review and approval granted to the Governor under this subtitle.
(c)    The Commission shall adopt rules and regulations that ensure broad public input, public hearings, and consideration of local health plans in development of the State health plan.
(d)    (1)    The Commission shall develop standards and policies consistent with the State health plan that relate to the certificate of need program.
(2)    The standards:
(i)    Shall address the availability, accessibility, cost, and quality of health care; and
(ii)    Are to be reviewed and revised periodically to reflect new developments in health planning, delivery, and technology.
(3)    In adopting standards regarding cost, efficiency, cost–effectiveness, or financial feasibility, the Commission shall take into account the relevant methodologies of the Health Services Cost Review Commission.
(e)    Annually, the Secretary shall make recommendations to the Commission on the plan. The Secretary may review and comment on State specifications to be used in the development of the State health plan.
(f)    All State agencies and departments, directly or indirectly involved with or responsible for any aspect of regulating, funding, or planning for the health care industry or persons involved in it, shall carry out their responsibilities in a manner consistent with the State health plan and available fiscal resources.
(g)    In carrying out their responsibilities under this Part II of this subtitle for hospitals, the Commission and the Secretary shall recognize, but may not apply, develop, or duplicate standards or requirements related to quality which have been adopted and enforced by national or State licensing or accrediting authorities.
(h)    The Commission shall transfer to the Maryland Department of Health health planning functions and necessary staff resources for licensed entities in the State health plan that are not required to obtain a certificate of need or an exemption from the certificate of need program.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 1 - Health Care Planning and Systems Regulation › Part II - Health Planning and Development › Section 19-119 - Institution-Specific Plan

(a)    The Commission shall develop and adopt an institution-specific plan to guide possible capacity reduction.
(b)    The institution-specific plan shall address:
(1)    Accurate bed count data for licensed beds and staffed and operated beds;
(2)    Cost data associated with all hospital beds and associated services on a hospital-specific basis;
(3)    Migration patterns and current and future projected population data;
(4)    Accessibility and availability of beds;
(5)    Quality of care;
(6)    Current health care needs, as well as growth trends for such needs, for the area served by each hospital;
(7)    Hospitals in high growth areas; and
(8)    Utilization.
(c)    In the development of the institution-specific plan the Commission shall give priority to the conversion of acute capacity to alternative uses where appropriate.
(d)    (1)    The Commission shall use the institution-specific plan in reviewing certificate of need applications for conversion, expansion, consolidation, or introduction of hospital services in conjunction with the State health plan.
(2)    If there is a conflict between the State health plan and any rule or regulation adopted by the Commission in accordance with Title 10, Subtitle 1 of the State Government Article to implement an institution-specific plan that is developed for identifying any excess capacity in beds and services, the provisions of whichever plan that is most recently adopted shall control.
(3)    Immediately upon adoption of the institution-specific plan the Commission shall begin the process of incorporating the institution-specific plan into the State health plan and shall complete the incorporation within 12 months.
(4)    A State health plan developed or adopted after the incorporation of the institution-specific plan into the State health plan shall include the criteria in subsection (b) of this section in addition to the criteria in § 19-118 of this subtitle.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 1 - Health Care Planning and Systems Regulation › Part II - Health Planning and Development › Section 19-121 - Certificate of Need -- Health Maintenance Organizations

(a)    In this section, “health maintenance organization” means a health maintenance organization under Subtitle 7 of this title.
(b)    (1)    A health maintenance organization or a health care facility that either controls, directly or indirectly, or is controlled by a health maintenance organization shall have a certificate of need before the health maintenance organization or health care facility builds, develops, operates, purchases, or participates in building, developing, operating, or establishing:
(i)    A hospital, as defined in § 19–301 of this title; and
(ii)    Any other health care project for which a certificate of need is required under § 19–120 of this subtitle unless at least 90% of the patients who will receive health care services from the project will be individuals enrolled in that health maintenance organization.
(2)    Notwithstanding paragraph (1)(ii) of this subsection, a health maintenance organization or a health care facility that either controls, directly or indirectly, or is controlled by a health maintenance organization is not required to obtain a certificate of need before purchasing an existing ambulatory surgical facility or center, as defined in § 19–114(b) of this subtitle.
(c)    An application for a certificate of need by a health maintenance organization or by a health care facility that either controls, directly or indirectly, or is controlled by, a health maintenance organization shall be approved if the Commission finds that the application:
(1)    Documents that the project is necessary to meet the needs of enrolled members and reasonably anticipated new members for the services proposed to be provided by the applicant; and
(2)    Is not inconsistent with those sections of the State health plan or those sections of the institution–specific plan that govern hospitals, as defined in § 19–301 of this title, and ambulatory surgical facilities or centers, as defined in § 19–114(b) of this subtitle, or health care projects for which a certificate of need is required under subsection (b)(1)(ii) of this section.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 1 - Health Care Planning and Systems Regulation › Part II - Health Planning and Development › Section 19-123 - Certificate of Need -- Continuing Care Community Exemption; Direct Admissions Into Nursing Facility

Notwithstanding the provisions of § 19-114(d)(2)(ii) of this subtitle, a continuing care community does not lose its exemption from certificate of need requirements when the continuing care community admits an individual directly to a nursing facility within the continuing care community if:
(1)    The admittee’s spouse or relative is admitted at the same time under a joint contract to an independent living unit or assisted living unit within the continuing care community; or
(2)    An individual having a long-term significant relationship with the admittee is admitted at the same time under a joint contract to an independent living unit or assisted living unit within the continuing care community.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 1 - Health Care Planning and Systems Regulation › Part II - Health Planning and Development › Section 19-124 - Certificate of Need -- Direct Admissions Into Comprehensive Care Nursing Bed

(a)    Notwithstanding the provisions of § 19-114(d)(2)(ii) of this part, a continuing care community that qualifies for an exemption from a certificate of need under § 19-114(d)(2)(ii) of this part may admit a subscriber directly into a comprehensive care nursing bed only if, at the time of admission, the subscriber has the potential for an eventual transfer to an independent living unit or an assisted living unit, as determined by the subscriber’s personal physician who is not an owner or employee of the continuing care retirement community.
(b)    Notwithstanding the provisions of subsection (a) of this section and § 19-114(d)(2)(ii) of this part, the total number of comprehensive care nursing beds occupied by subscribers who have been directly admitted to a comprehensive care nursing bed may not exceed 20 percent of the total number of comprehensive care nursing beds that are available in the continuing care nursing facility.
(c)    Notwithstanding the provisions of subsections (a) and (b) of this section and § 19-114(d)(2)(ii) of this part, a continuing care retirement community that qualifies for an exemption from a certificate of need under § 19-114(d)(2)(ii) of this part may not admit a subscriber directly into a comprehensive care nursing bed if the direct admission would cause the occupancy of the comprehensive care nursing beds in the continuing care community to exceed 95 percent of full capacity.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 1 - Health Care Planning and Systems Regulation › Part II - Health Planning and Development › Section 19-125 - Certificate of Need -- Ambulatory Care Facilities

A certificate of need is required before an ambulatory care facility:
(1)    Offers any health service:
(i)    Through a health care facility;
(ii)    In space leased from a health care facility; or
(iii)    In space on land leased from a health care facility;
(2)    To provide those services, makes an expenditure, if a certificate of need would be required under § 19-120(k) of this subtitle for the expenditure by or on behalf of a health care facility; or
(3)    Does anything else for which the federal act requires a certificate of need and that the Commission has not exempted from that requirement.