THE STATE OF MARYLAND MARYLAND 2006 REGULAR SESSION - 421ST SESSION OF THE GENERAL ASSEMBLY HOUSE BILL 1330

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1 THE STATE OF MARYLAND MARYLAND 2006 REGULAR SESSION - 421ST SESSION OF THE GENERAL ASSEMBLY HOUSE BILL 1330 UNOFFICIAL COPY OF HOUSE BILL 1330 J1 6LR2712 CF 6LR3249 BY: [D> DELEGATE HUBBARD <D] [A> DELEGATES HUBBARD, BARVE, BENSON, BOTELER, BROMWELL, COSTA, DONOGHUE, ELLIOTT, FRANK, HAMMEN, KACH, KOHL, KULLEN, MANDEL, MCDONOUGH, MORHAIM, MURRAY, NATHAN-PULLIAM, OAKS, PENDERGRASS, RUDOLPH, AND V. TURNER <A] INTRODUCED AND READ FIRST TIME: FEBRUARY 10, 2006 ASSIGNED TO: HEALTH AND GOVERNMENT OPERATIONS COMMITTEE REPORT: FAVORABLE WITH AMENDMENTS HOUSE ACTION: ADOPTED READ SECOND TIME: MARCH 20, 2006 CHAPTER 440 VERSION: Enacted VERSION-DATE: May 16, 2006 SYNOPSIS: AN ACT concerning Maryland Medicaid Advisory Committee - Membership, Staffing, and Reimbursement FOR the purpose of altering the membership of the Maryland Medicaid Advisory Committee; requiring the Secretary of Health and Mental Hygiene to seek recommendations from certain individuals and groups when selecting consumer representatives to the Committee; requiring the Department of Health and Mental Hygiene to staff the Committee; requiring the chair and staff of the Committee to provide certain information to Committee members at a certain time and in a certain manner; [D> requiring certain members of the Committee to be provided a certain stipend under certain circumstances; <D] providing that members of the Committee are entitled to a certain reimbursement; [A> REQUIRING THE DEPARTMENT OF HEALTH AND MENTAL HYGIENE TO PROVIDE FOR A CERTAIN DEDICATED STAFF PERSON FOR CERTAIN PURPOSES UNDER CERTAIN CIRCUMSTANCES; <A] and generally relating to the Maryland Medicaid Advisory Committee. BY repealing and reenacting, with amendments, Article - Health - General Section (b)(27) Annotated Code of Maryland (2005 Replacement Volume and 2005 Supplement) NOTICE: [A> UPPERCASE TEXT WITHIN THESE SYMBOLS IS ADDED <A] [D> Text within these symbols is deleted <D] 1

2 TEXT: SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, That the Laws of Maryland read as follows: Article - Health - General (b) (27) (i) 1. The Department shall establish the Maryland Medicaid Advisory Committee, composed of no more than 25 members [D>, the majority of whom are enrollees or enrollee advocates <D]. [A> 2. THE MAJORITY OF THE MEMBERS OF THE COMMITTEE SHALL BE ENROLLEES OR ENROLLEE ADVOCATES. <A] [A> 3. AT LEAST FIVE MEMBERS OF THE COMMITTEE SHALL BE ENROLLEES REPRESENTATIVE OF THE ENTIRE MEDICAID POPULATION. <A] (ii) The Committee members shall include: 1. [D> Current <D] [A> AT LEAST FIVE CURRENT <A] or former enrollees or the parents or guardians of current or former enrollees; 2. [D> Providers <D] [A> NOT MORE THAN FIVE PROVIDERS <A] who are familiar with the medical needs of low-income population groups, including board-certified physicians; 3. [D> Hospital <D] [A> NOT MORE THAN TWO HOSPITAL <A] representatives; 4. [D> Advocates <D] [A> AT LEAST FIVE BUT NOT MORE THAN 10 ADVOCATES <A] for the Medicaid population, including representatives of special needs populations, [A> SUCH AS: <A] [A> A. CHILDREN WITH SPECIAL NEEDS; <A] [A> B. INDIVIDUALS WITH PHYSICAL DISABILITIES; <A] [A> C. INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES; <A] [A> D. INDIVIDUALS WITH MENTAL ILLNESS; <A] [A> E. INDIVIDUALS WITH BRAIN INJURIES; <A] [A> F. MEDICAID AND MEDICARE DUAL ELIGIBLES; <A] [A> G. INDIVIDUALS WHO ARE HOMELESS OR HAVE EXPERIENCED HOMELESSNESS; <A] [A> H. INDIVIDUALS ENROLLED IN HOME- AND COMMUNITY-BASED SERVICES WAIVERS; <A] [D> AND <D] [A> I. ELDERLY INDIVIDUALS; <A] 2

3 [A> J. LOW-INCOME INDIVIDUALS AND INDIVIDUALS RECEIVING BENEFITS THROUGH THE TEMPORARY ASSISTANCE FOR NEEDY FAMILIES PROGRAM; AND <A] [A> K. INDIVIDUALS RECEIVING SUBSTANCE ABUSE TREATMENT SERVICES; <A] 5. Two members of the Finance Committee of the Senate of Maryland, appointed by the President of the Senate; and 6. Three members of the Maryland House of Delegates, appointed by the Speaker of the House. (iii) A designee of each of the following shall serve as an ex-officio member of the Committee: 1. The Secretary of Human Resources; 2. The Executive Director of the Maryland Health Care Commission; and 3. The Maryland Association of County Health Officers. (iv) In addition to any duties imposed by federal law and regulation, the Committee shall: 1. Advise the Secretary on the implementation, operation, and evaluation of managed care programs under this section; 2. Review and make recommendations on the regulations developed to implement managed care programs under this section; 3. Review and make recommendations on the standards used in contracts between the Department and managed care organizations; 4. Review and make recommendations on the Department's oversight of quality assurance standards; 5. Review data collected by the Department from managed care organizations participating in the Program and data collected by the Maryland Health Care Commission; 6. Promote the dissemination of managed care organization performance information, including loss ratios, to enrollees in a manner that facilitates quality comparisons and uses layman's language; 7. Assist the Department in evaluating the enrollment process; 8. Review reports of the ombudsmen; and 9. Publish and submit an annual report to the Governor and, subject to Section of the State Government Article, the General Assembly. (v) Except as specified in subparagraphs (ii) and (iii) of this paragraph, the members of the Maryland Medicaid Advisory Committee shall be appointed by the Secretary and serve for a 4- year term. 3

4 (vi) In making appointments to the Committee, the Secretary shall provide for continuity and rotation. [A> (VII) IN APPOINTING CONSUMER MEMBERS TO THE COMMITTEE, THE SECRETARY SHALL SEEK RECOMMENDATIONS FROM: <A] [A> 1. THE STATE PROTECTION AND ADVOCACY SYSTEM ORGANIZATION; <A] [A> 2. THE STATEWIDE INDEPENDENT LIVING COUNCIL; <A] [A> 3. THE DEVELOPMENTAL DISABILITIES COUNCIL; <A] [A> 4. THE DEPARTMENT OF DISABILITIES; <A] [A> 5. THE DEPARTMENT OF AGING; <A] [A> 6. CONSUMER ADVOCACY ORGANIZATIONS; AND <A] [A> 7. THE PUBLIC. <A] [D> (vii) <D] [A> (VIII) <A] The Secretary shall appoint the [D> chairman <D] [A> CHAIR <A] of the Committee. [D> (viii) <D] [A> (IX) <A] The Secretary shall appoint nonvoting members from managed care organizations who may participate in Committee meetings, unless the Committee meets in closed session as provided in Section of the State Government Article. [A> (X) THE DEPARTMENT SHALL PROVIDE STAFF FOR THE COMMITTEE. <A] [D> (ix) <D] [A> (XI) <A] The Committee shall determine the times and places of its meetings. [A> (XII) 1. THE CHAIR OF THE COMMITTEE AND THE STAFF FOR THE COMMITTEE SHALL PROVIDE THE AGENDA, MINUTES, AND ANY WRITTEN MATERIALS TO BE PRESENTED OR DISCUSSED AT A MEETING TO THE MEMBERS OF THE COMMITTEE AT LEAST <A] [D> 10 <D] [A> 5 DAYS PRIOR TO THE MEETING. <A] [A> 2. THE AGENDA, MINUTES, AND WRITTEN MATERIALS SHALL BE PROVIDED TO MEMBERS OF THE COMMITTEE IN A MANNER AND FORMAT THAT <A] [D> IS PREFERRED BY EACH MEMBER AND THAT <D] [A> REASONABLY ACCOMMODATES THE SPECIFIC NEEDS OF THE MEMBER. <A] [D> (x) <D] [A> (XIII) 1. <A] [D> A <D] [A> EXCEPT AS PROVIDED IN <A] [D> SUBSUBPARAGRAPHS <D] [A> SUBSUBPARAGRAPH <A] 2 [D> AND 3 <D] [A> OF THIS SUBPARAGRAPH, <A] a member of the Committee: [D> 1. <D] [A> A. <A] May not receive compensation; but [D> 2. <D] [A> B. <A] Is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget. [D> 2. A MEMBER OF THE COMMITTEE WHO IS AN ENROLLEE SHALL BE PROVIDED A 4

5 STIPEND, IF THE INDIVIDUAL SO CHOOSES, FOR THE TIME NEEDED BY THE MEMBER TO PREPARE TO PARTICIPATE IN THE MEETINGS IN A MEANINGFUL MANNER. <D] [D> 3. A MEMBER OF THE COMMITTEE IS ENTITLED TO REIMBURSEMENT FOR EXPENSES FOR DEPENDENT CARE, OVERNIGHT ACCOMMODATIONS IF TRAVELING MORE THAN 3 HOURS FROM HOME, PERSONAL CARE, AND COGNITIVE SUPPORTS. <D] [A> 2. A MEMBER OF THE COMMITTEE WHO IS AN ENROLLEE IS ENTITLED TO REIMBURSEMENT FOR: <A] [A> A. EXPENSES FOR PERSONAL AND DEPENDENT CARE INCURRED DURING THE MEETING AND DURING TRAVEL TIME TO AND FROM THE MEETING; <A] [A> B. EXPENSES FOR COGNITIVE SUPPORTS RELATED TO THE MEETING; AND <A] [A> C. APPROPRIATE TRANSPORTATION TO AND FROM THE MEETING. <A] [A> 3. ON REQUEST, THE DEPARTMENT SHALL PROVIDE FOR A DEDICATED DEPARTMENT STAFF PERSON: <A] [A> A. TO REVIEW MEETING MATERIALS WITH ENROLLEE MEMBERS IN ADVANCE OF A MEETING BY TELEPHONE OR IN PERSON; AND <A] [A> B. TO PROVIDE REFERRALS TO ADVOCACY ORGANIZATIONS. <A] SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June 1, SPONSOR: Hubbard 5