Md. Code, Health - General, Title 20

Md. Code, Health - General, Title 20
in effect

Md. Code, Health - General § 20-101

(a) Notwithstanding any other provision of law, a minor who is at least 17 years old, without the consent of a parent or legal guardian, may give blood to a program that: (1) Is voluntary; (2) Does not pay money for the blood; and (3) Is approved by: (i) The American Association of Blood Banks; or (ii) The American Red Cross. (b) (1) Notwithstanding any other provision of law, a minor who is at least 16 years old, and has obtained the consent of a parent or legal guardian, may give blood to the programs listed in subsection (a) of this section. (2) Consent may be obtained via telephone or electronic means.

Md. Code, Health - General § 20-102

(a) A minor has the same capacity as an adult to consent to medical or dental treatment if the minor: (1) Is married; (2) Is the parent of a child; or (3) (i) Is living separate and apart from the minor’s parent, parents, or guardian, whether with or without consent of the minor’s parent, parents, or guardian; and (ii) Is self–supporting, regardless of the source of the minor’s income. (b) A minor has the same capacity as an adult to consent to medical treatment if, in the judgment of the attending physician, the life or health of the minor would be affected adversely by delaying treatment to obtain the consent of another individual. (c) A minor has the same capacity as an adult to consent to: (1) Treatment for or advice about drug abuse; (2) Treatment for or advice about alcoholism; (3) Treatment for or advice about venereal disease; (4) Treatment for or advice about pregnancy; (5) Treatment for or advice about contraception other than sterilization; (6) Physical examination and treatment of injuries from an alleged rape or sexual offense; (7) Physical examination to obtain evidence of an alleged rape or sexual offense; (8) Initial medical screening and physical examination on and after admission of the minor into a detention center; and (9) Treatment for the prevention of human immunodeficiency virus (HIV). (c–1) The capacity of a minor to consent to treatment for drug abuse or alcoholism under subsection (c)(1) or (2) of this section does not include the capacity to refuse treatment for drug abuse or alcoholism in an inpatient or intensive outpatient alcohol or drug abuse treatment program certified under Title 8 of this article for which a parent or guardian has given consent. (d) A minor has the same capacity as an adult to consent to psychological treatment as specified under subsection (c)(1) and (2) of this section if, in the judgment of the attending physician or a psychologist, the life or health of the minor would be affected adversely by delaying treatment to obtain the consent of another individual. (e) A licensed health care practitioner who treats a minor is not liable for civil damages or subject to any criminal or disciplinary penalty solely because the minor did not have capacity to consent under this section. (f) Without the consent of or over the express objection of a minor, a licensed health care practitioner may, but need not, give a parent, guardian, or custodian of the minor or the spouse of the parent information about treatment needed by the minor or provided to the minor under this section, except information about an abortion.

Md. Code, Health - General § 20-103

(a) In this section, “qualified provider” means a physician, nurse practitioner, nurse–midwife, licensed certified midwife, physician assistant, or any other individual: (1) Who is licensed, certified, or otherwise authorized by law to practice in the State; and (2) For whom the performance of an abortion is within the scope of the individual’s license or certification. (b) Except as provided in subsections (c) and (d) of this section, a qualified provider may not perform an abortion on an unmarried minor unless the qualified provider first gives notice to a parent or guardian of the minor. (c) The qualified provider may perform the abortion without notice to a parent or guardian if: (1) The minor does not live with a parent or guardian; and (2) A reasonable effort to give notice to a parent or guardian is unsuccessful. (d) (1) The qualified provider may perform the abortion, without notice to a parent or guardian of a minor if, in the professional judgment of the qualified provider: (i) Notice to the parent or guardian may lead to physical or emotional abuse of the minor; (ii) The minor is mature and capable of giving informed consent to an abortion; or (iii) Notification would not be in the best interest of the minor. (2) The qualified provider is not liable for civil damages or subject to a criminal penalty for a decision under this subsection not to give notice. (e) The postal receipt that shows an article of mail was sent by certified mail, return receipt requested, bearing a postmark from the United States Postal Service, to the last known address of a parent or guardian and that is attached to a copy of the notice letter that was sent in that article of mail shall be conclusive evidence of notice or a reasonable effort to give notice, as the case may be. (f) A qualified provider may not provide notice to a parent or guardian if the minor decides not to have the abortion.

Md. Code, Health - General § 20-104

(a) In this section, “health care provider” means an individual who is: (1) Licensed under the Health Occupations Article; and (2) Acting within the scope of the individual’s license to diagnose and treat mental and emotional disorders. (b) (1) Subject to paragraph (2) of this subsection, a minor who is 12 years old or older who is determined by a health care provider to be mature and capable of giving informed consent has the same capacity as an adult to consent to consultation, diagnosis, and treatment of a mental or emotional disorder by the health care provider or a clinic. (2) The capacity of a minor to consent to consultation, diagnosis, and treatment of a mental or emotional disorder by a health care provider or a clinic under paragraph (1) of this subsection does not include the capacity to: (i) Refuse consultation, diagnosis, or treatment for a mental or emotional disorder for which a parent, guardian, or custodian of the minor has given consent; or (ii) Except as otherwise provided in this subtitle, if the minor is under the age of 16 years, consent to the use of prescription medications to treat a mental or emotional disorder. (c) (1) Except as provided in paragraph (2) of this subsection and subject to paragraph (3) of this subsection, without the consent of or over the express objection of a minor, the health care provider or, on advice or direction of the health care provider, a member of the medical staff of a hospital or public clinic may, but need not, give a parent, guardian, or custodian of the minor or the spouse of the parent information about treatment needed by the minor or provided to the minor under this section. (2) Subject to paragraph (3) of this subsection, if a health care provider is on a treatment team for a minor that is headed by a physician, the physician heading the treatment team shall decide whether a parent, guardian, or custodian of the minor or the spouse of the parent should receive information about treatment needed by the minor or provided to the minor under this section. (3) A health care provider may decide to provide information to a parent, guardian, or custodian of a minor under paragraphs (1) and (2) of this subsection unless the health care provider believes that the disclosure will lead to harm to the minor or deter the minor from seeking care. (d) Unless the parent, guardian, or custodian of a minor consents to consultation, diagnosis, or treatment of the minor, the parent, guardian, or custodian is not liable for any costs of the consultation, diagnosis, or treatment of the minor under this section.

Md. Code, Health - General § 20-105

(a) (1) In this section the following words have the meanings indicated. (2) “Informal kinship care” means a living arrangement in which a relative of a child, who is not in the care, custody, or guardianship of the local department of social services, provides for the care and custody of the child due to a serious family hardship. (3) “Relative” means an adult related to the child by blood or marriage within the fifth degree of consanguinity. (4) “Serious family hardship” means: (i) Death of a parent or legal guardian of the child; (ii) Serious illness of a parent or legal guardian of the child; (iii) Drug addiction of a parent or legal guardian of the child; (iv) Incarceration of a parent or legal guardian of the child; (v) Abandonment by a parent or legal guardian of the child; or (vi) Assignment of a parent or legal guardian to active uniformed services duty. (b) A relative providing informal kinship care for a child may consent to health care on behalf of the child if: (1) A court has not appointed a guardian for the child or awarded custody of the child to an individual other than the relative providing informal kinship care; and (2) The relative verifies the informal kinship care relationship through a sworn affidavit that: (i) Meets the requirements of this section; and (ii) Is filed with the Department of Human Services, Social Services Administration. (c) The affidavit shall include: (1) The name and date of birth of the child; (2) The name and address of the child’s parent or legal guardian; (3) The name and address of the relative providing informal kinship care; (4) The date the relative assumed informal kinship care; (5) The nature of the serious family hardship and why it resulted in informal kinship care; and (6) The kinship relation to the child of the relative providing informal kinship care. (d) The affidavit shall be in the following form: (1) I, the undersigned, am over eighteen (18) years of age and competent to testify to the facts and matters set forth herein. (2) _______________ (name of child), whose date of birth is _____________, is living with me because of the following serious family hardship (check each that is applicable): _____ Death of father/mother/legal guardian _____ Serious illness of father/mother/legal guardian _____ Drug addiction of father/mother/legal guardian _____ Incarceration of father/mother/legal guardian _____ Abandonment by father/mother/legal guardian _____ Assignment of father/mother/legal guardian to active uniformed services duty (3) The name and last known address of the child’s parent(s) or legal guardian is: _______________________________________ _______________________________________ _______________________________________ (4) My kinship relation to the child is _____________________________ (5) My address is: ______________________________________________________ Street Apt. No. ______________________________________________________ City State Zip Code (6) I assumed informal kinship care of this child for 24 hours a day and 7 days a week on __________________ (day/month/year). (7) The name and address of the school that the child attends is: ______________________________________________________ ______________________________________________________ (8) I solemnly affirm under the penalties of perjury that the contents of the foregoing are true to the best of my knowledge, information, and belief. ______________________________________ Signature of affiant ______________________________________ (Day/month/year) (e) Affidavit forms that comply with subsection (d) of this section shall be made available free of charge at the offices of each county board of education and each local health department. (f) If a change occurs in the care or in the serious family hardship of the child, the relative providing informal kinship care shall notify the Department of Human Services, Social Services Administration in writing within 30 days after the change occurs. (g) The relative providing informal kinship care shall file an affidavit annually with the Department of Human Services, Social Services Administration for each year the child continues to live with the relative because of a serious family hardship. (h) A copy of the affidavit shall be given to the health care provider that treats the child. (i) The relative providing informal kinship care may apply on behalf of the child for all medical and public assistance entitlements for which the child may be eligible. (j) An affidavit under this section does not abrogate the right of the parent or guardian of a child to consent to health care on behalf of the child in a future health care decision.

Md. Code, Health - General § 20-106

(a) (1) In this section the following words have the meanings indicated. (2) “Phototherapy device” means any equipment that emits ultraviolet radiation and is used in the diagnosis or treatment of disease or injury. (3) “Tanning device” means any equipment that emits radiation used for tanning of the skin, including sunlamps, tanning booths, or tanning beds. (4) “Tanning facility” means any place where a tanning device is used for a fee, membership dues, or other compensation. (b) (1) This section does not apply to the use of any phototherapy device by a health care practitioner acting within the scope of the license of the health care practitioner or by order of a health care practitioner acting within the scope of the license of the health care practitioner. (2) Paragraph (1) of this subsection may not be construed to authorize a prescription to be written for a minor for the use of a tanning device. (c) An owner, employee, or operator of a tanning facility may not allow a minor under the age of 18 years to use a tanning device. (d) The owner, employee, or operator of a tanning facility shall: (1) Require appropriate documentation to verify the age of an individual before allowing the individual access to a tanning device; and (2) Ensure that the notice developed under subsection (e) of this section is posted in a conspicuous place in the tanning facility. (e) The Department shall develop and make available to each tanning facility a notice that includes the following information: (1) That it is unlawful for a tanning facility owner, employee, or operator to allow a minor to use any tanning device; (2) That a tanning facility owner, employee, or operator that violates one or more provisions of this section may be subject to a civil penalty; (3) That an individual may report a violation of one or more provisions of this section to the local law enforcement agency; and (4) The health risks associated with tanning, including skin cancer, premature skin aging, injuries including burns, and adverse reactions when combined with certain medications, foods, and cosmetics. (f) (1) The Secretary may impose on a person who violates this section: (i) For a first violation, a civil penalty not to exceed $250; (ii) For a second violation, a civil penalty not to exceed $500; and (iii) For each subsequent violation, a civil penalty not to exceed $1,000. (2) The Secretary may adopt regulations to implement and carry out this section.

Md. Code, Health - General § 20-108

(a) (1) In this section the following words have the meanings indicated. (2) “Disabled individual” means an individual with actual or potential limitations in self-care, mobility, hygiene, vocation, family role, or coping mechanisms. (3) “Reportable condition” means a: (i) Spinal cord injury; (ii) Stroke; (iii) Amputation; or (iv) Head injury. (b) (1) Each hospital shall report to the Department within 7 days of the occurrence of a reportable condition. (2) (i) The report shall contain the individual’s name, age, residence, the type of disability, and any additional information that the Department requires. (ii) The information collected under this section is confidential and not open to inspection nor considered a public record. The information shall only be used statistically for the use of the Department in the performance of its duties, except that the identities of individuals reported may be disclosed for research purposes in accordance with the criteria set forth in § 4–501(e) of the General Provisions Article. (c) The report form shall be developed by the Department with input from physicians, disabled individuals, and consumer advocates. The Department shall be responsible for distributing the form to physicians and institutions. (d) The Department shall establish a central registry to compile information about disabled individuals with reportable conditions. (e) (1) Within 15 days of receiving a report of an individual with a reportable condition, the Department shall notify the individual or the individual’s parent or guardian of any assistance or services that may be available from the State and of the eligibility requirements for such assistance or services. (2) Upon request, the Department shall refer the individual to appropriate divisions of the Department and other agencies, public or private, which provide rehabilitation services for persons with reportable conditions. (3) The Department shall make each public and private health and social agency aware of the rehabilitation information provided by the Department and advise them how to contact the Department to obtain the information. (4) All other agencies of the State shall cooperate with the Department to provide available, appropriate rehabilitation services to an individual with a reportable condition who meets the eligibility requirements for such services.

Md. Code, Health - General § 20-109

(a) In this section, “Alzheimer’s special care unit or program” means a secured or segregated special unit or program specifically designed for individuals with a probable or confirmed diagnosis of Alzheimer’s disease or a related disorder. (b) An assisted living program that provides care for or offers to provide care for persons with Alzheimer’s disease or a related disorder by means of an Alzheimer’s special care unit or program, shall disclose how the form of care and treatment provided by the Alzheimer’s special care unit or program is specifically designed for the specialized care of individuals diagnosed with Alzheimer’s disease or a related disorder. (c) At the time of licensure, an assisted living program with an Alzheimer’s special care unit or program shall send to the Department a written description of the special care unit or program. (d) An assisted living program with an Alzheimer’s special care unit or program shall disclose the written description of the special care unit to: (1) Any person on request; and (2) The family or party responsible for any resident prior to admission of the resident to the Alzheimer’s special care unit or program. (e) The description of the Alzheimer’s special care unit or program shall include: (1) A statement of philosophy or mission; (2) Staff training and staff job titles; (3) Admission procedures including screening criteria; (4) Assessment and care planning protocol; (5) Staffing patterns; (6) A description of the physical environment and any unique design features appropriate to support the functioning of cognitively impaired individuals; (7) A description of activities including frequency and type; (8) Charges to residents for services provided by the Alzheimer’s special care unit or program; (9) Discharge procedures; (10) Any services, training, or other procedures that are over and above those that are provided in the existing assisted living program; and (11) Any other information that the Department may require. (f) The Department, in consultation with the Alzheimer’s Association, the Health Facilities Association of Maryland, and Lifespan, may adopt regulations that govern the submission of disclosure materials to the Department and to consumers.

Md. Code, Health - General § 20-110

(a) Except as provided in subsection (b) of this section, the following are not civilly liable for taking a blood sample from an individual without consent of the individual or for testing the blood sample, if the blood is taken at the request of a police officer or a sheriff or officer in a sheriff’s office for a criminal investigation: (1) A licensed hospital. (2) A physician. (3) Any of the following who take the blood in the course of duties at a licensed hospital: (i) A resident. (ii) An intern. (iii) A registered nurse. (iv) A health career technician. (b) A person who negligently takes blood samples in a manner otherwise than according to accepted medical practices or who negligently performs tests is subject to civil liability for injury resulting from the person’s negligence.

Md. Code, Health - General § 20-111

(a) (1) This section applies to the use of sperm or eggs from a donor known to the individual who intends to become a parent through the use of the sperm or eggs. (2) This section does not apply to the use of sperm or eggs donated to a tissue bank or fertility clinic by a donor who intended to remain anonymous either indefinitely or until a child that results from the use of the sperm or eggs becomes an adult. (b) A person may not use sperm or eggs from a known donor after the donor’s death for the purpose of assisted reproduction, if: (1) The person knows that the known donor died and did not give consent for the posthumous use of the sperm or eggs; or (2) The donor or the individual who intends to become a parent through the use of the sperm or eggs receives any remuneration for the donation or use of the sperm or eggs. (c) A donor’s consent to the posthumous use of the donor’s sperm or eggs given on or after October 1, 2012 is not valid unless it is: (1) In writing; and (2) Signed by the donor or by some other person for the donor, in the presence of the donor, and at the express direction of the donor. (d) A person who violates this section is guilty of a misdemeanor and on conviction is subject to: (1) For a first offense, a fine not exceeding $1,000; and (2) For a second or subsequent offense, a fine not exceeding $5,000.

Md. Code, Health - General § 20-113

(a) Before a physician treats any patient for any form of breast cancer, the physician shall educate the patient of alternative methods of treatment that may be medically practicable. (b) The Maryland Department of Health shall: (1) Provide a standardized written summary in layman’s language that: (i) Lists all effective methods of treatment for breast cancer that may be medically practicable including surgical, radiological, chemotherapeutic, and combinations of those treatments; and (ii) Describes the advantages, disadvantages, risks, and procedures associated with each method of treatment listed; (2) Update the standardized written summary annually; and (3) Distribute the standardized written summary to each hospital, clinic, and physician’s office and other facility that performs treatments of breast cancer. (c) A physician satisfies the requirements of subsection (a) of this section if: (1) The physician provides a breast cancer patient with the standardized written summary described in subsection (b) of this section in language that the patient understands; (2) The patient receives the standardized written summary within 5 days of the start of the treatment for breast cancer; and (3) The patient signs a statement provided by the Maryland Department of Health acknowledging the receipt of the standardized written summary. (d) This section does not apply if the attending physician certifies that: (1) Treatment for breast cancer occurred within 5 days of the physician informing the patient of the diagnosis; and (2) Treatment within this period of time was necessary to save the life of the patient. (e) A physician who violates any provision of subsection (a) of this section is subject to the provisions of § 14–404(a)(27) of the Health Occupations Article.

Md. Code, Health - General § 20-114

(a) Before a physician operates on a patient to insert a breast implant, the physician shall inform the patient of the advantages, disadvantages, and risks associated with a breast implantation. (b) The Department shall: (1) Provide a standardized written summary in layman’s language that: (i) Contains all the information on breast implantation generally contained in the information sheet for the breast implant; and (ii) Discloses side effects, warnings, and cautions for a breast implantation operation; (2) Update as necessary the standardized written summary; and (3) Distribute the standardized written summary to each hospital, clinic, and physician’s office and any other facility that performs breast implantations. (c) A physician satisfies the requirements of subsection (a) of this section if: (1) The physician provides the breast implantation patient with the standardized written summary described in subsection (b) of this section; (2) The patient receives the standardized written summary 5 days before the breast implantation operation; and (3) The patient signs a statement provided by the Department acknowledging the receipt of the standardized written summary.

Md. Code, Health - General § 20-115

(a) (1) In this section the following words have the meanings indicated. (2) (i) “Center” means any facility that produces, develops, or interprets: 1. Screening mammograms; or 2. Diagnostic mammograms. (ii) “Center” includes a hospital, outpatient department, medical laboratory, clinic, radiology practice, office of a health care provider, or other testing facility conducting mammography testing. (iii) “Center” does not include a facility of the federal Department of Veterans Affairs. (3) “Dense breast tissue” means heterogeneously dense or extremely dense tissue as defined in nationally recognized guidelines or systems for breast imaging reporting of mammography screening, including the breast imaging reporting and data system of the American College of Radiology. (4) “Mammogram” means a radiographic image produced through mammography. (5) “Mammography testing” means the imaging of the breast with ionizing radiation. (b) On or after July 1, 1992, a person may not perform mammography testing unless: (1) The individual performing mammography testing is qualified under Title 14 of the Health Occupations Article; and (2) The center where the mammography testing is performed: (i) Is accredited or has applied for accreditation under the American College of Radiology Screening Mammography Accreditation Program; and (ii) Has obtained a certificate of approval from the federal Food and Drug Administration as specified in the federal Mammography Quality Standards Act of 1992. (c) (1) (i) This section does not apply if the federal Mammography Quality Standards Act of 1992, or regulations adopted under the Act, requires a notice regarding breast density to be included in the screening results letter that is sent to a patient. (ii) This section may not be construed to: 1. Require a notice regarding breast density to be sent to a patient that is inconsistent with the provisions of the federal Mammography Quality Standards Act of 1992, or regulations adopted under the Act; or 2. Create a standard of care, obligation, or duty that provides a basis for a cause of action. (2) Subject to paragraph (3) of this subsection, a center where mammography testing is performed shall include in a screening results letter that is sent to a patient, as required by federal law, the following notice: “This notice contains the results of your recent mammogram, including information about breast density. If your mammogram shows that your breast tissue is dense, you should know that dense breast tissue is a common finding and is not abnormal, with about half of women having dense or highly dense breasts. However, dense breast tissue can make it harder to find cancer on a mammogram and may also be associated with an increased risk of cancer. This information about the result of your mammogram is given to you to raise your awareness and to inform your conversations with your physician. Together, you can decide whether additional screening options are right for you based on your mammogram results, individual risk factors, or physical examination. A report of your results was sent to your physician.”. (3) If the Department finds significant differences between the content of the notice that is required to be provided under paragraph (2) of this subsection and current medical evidence on breast density, the Department may adopt regulations that change the content of the notice. (d) Notwithstanding any other provision of this title, the penalty for a violation of subsection (b) of this section may not exceed $1,000.

Md. Code, Health - General § 20-116

(a) (1) In this section the following words have the meanings indicated. (2) “Biennial” means once every other year. (3) “Clinical breast examination” means a breast examination performed by a health care professional for the purpose of detecting breast cancer. (4) “Eligible individual” means an individual who is eligible to receive benefits under the Program in accordance with subsection (e) of this section. (5) “Mammogram” means an X-ray examination of the breast using dedicated equipment, including X-ray tube, filter, compression device, screens, films, and cassettes, specifically for mammography that delivers an average radiation exposure of less than one rad mid-breast with two views for each breast. (6) “Mastectomy” means the surgical removal of all or part of a breast as a result of breast cancer. (7) “Program” means the Breast Cancer Program. (b) (1) The Department shall establish a Breast Cancer Program. (2) The purpose of the Program is to: (i) Provide at least biennial screening mammograms and clinical breast examinations to low-income, underinsured and low-income, uninsured women aged 40 years to 49 years; (ii) Provide annual screening mammograms and clinical breast examinations to low-income, underinsured and low-income, uninsured women aged 50 years and older; and (iii) Provide diagnosis and treatment for individuals who are identified by this Program as being in need. (c) Treatment provided to a Program participant who has undergone a mastectomy shall include: (1) Reconstruction of the breast on which the mastectomy has been performed; (2) Surgery and reconstruction of the other breast to produce a symmetrical appearance; (3) Prostheses; and (4) Any physical complications related to the mastectomy. (d) The Department shall administer the Program through the local health departments using a grant program under which a local health department makes arrangements with health care facilities to provide screening mammograms and clinical breast examinations to eligible individuals. (e) An individual is eligible for the Program if the individual: (1) Has a family income that does not exceed 250% of the federal poverty level; and (2) Does not have access to health insurance coverage that covers screening mammograms and clinical breast examinations for women aged 40 years and older. (f) For each fiscal year, the Governor shall include an appropriation of general funds to the Program in an amount not less than the amount appropriated for breast cancer screening, diagnosis, and treatment in the State budget for fiscal year 1999, subject to the availability of State funds. (g) The Department shall: (1) Adopt regulations necessary to implement the Program; and (2) Work with all interested parties to assure that breast cancer screening services are available to women at least 40 years old.

Md. Code, Health - General § 20-117

(a) (1) In this section the following words have the meanings indicated. (2) “Cancer research” includes research to develop and advance the understanding of cancer and the techniques and modalities effective in the prevention, cure, screening, and treatment of cancer. (3) “Fund” means the Maryland Cancer Fund established under this section. (4) “Income tax checkoff system” means the checkoff system established under § 2–112 of the Tax – General Article. (b) (1) There is a Maryland Cancer Fund. (2) The net proceeds from contributions under the income tax checkoff system and any other donations to the Fund shall be credited to the Fund. (3) The Secretary shall administer the Fund. (4) The Fund shall be used only for cancer research, prevention, and treatment as provided in subsection (c) of this section. (5) The Fund shall be maintained for the purposes stated in this section and unspent portions of the Fund shall remain in the Fund and may not revert to the General Fund of the State. (6) Money expended from the Fund for cancer research, prevention, and treatment is supplemental and is not intended to take the place of funding that would otherwise be appropriated to the Department for cancer research, prevention, and treatment. (7) All expenditures from the Fund shall be made only in accordance with an appropriation approved by the General Assembly in the annual State budget or through an approved budget amendment under §§ 7–209 and 7–210 of the State Finance and Procurement Article. (c) (1) The Secretary may distribute not more than 5% of the net proceeds of the Fund to a promotional account to be used to promote further donations to the Fund. (2) After making the distribution allowed under paragraph (1) of this subsection, the Secretary shall use the remainder of the net proceeds of the Fund only to provide grants to eligible physicians, hospitals, laboratories, educational institutions, and other organizations and persons to conduct cancer research, prevention, and treatment. (d) (1) On or before August 31 of each year, the Secretary shall submit a report to the General Assembly, pursuant to § 2–1257 of the State Government Article, on the administration of the Maryland Cancer Fund. (2) The report required under this subsection shall include: (i) The gross amount of donations to the Fund through the income tax checkoff system and otherwise; (ii) The costs of administration by the Comptroller of the income tax checkoff system; (iii) A description of promotional efforts undertaken with money from the Fund; and (iv) A detailed accounting of the use of the Fund. (e) The Secretary shall adopt regulations to implement a Maryland Cancer Grant Program under this section.

Md. Code, Health - General § 20-120

(a) (1) In this section the following words have the meanings indicated. (2) “Fund” means the Maryland Pediatric Cancer Fund established under this section. (3) “Pediatric cancer research” includes research to develop and advance the understanding of pediatric cancer and the techniques and modalities effective in the prevention, cure, screening, and treatment of pediatric cancer. (b) (1) There is a Maryland Pediatric Cancer Fund. (2) The Fund consists of: (i) Money appropriated in the State budget to the Fund; and (ii) Any donations or other money from any other source accepted for the benefit of the Fund. (3) The Secretary shall administer the Fund. (4) The Fund shall be used only for pediatric cancer research and administrative expenses as provided in subsection (c) of this section. (5) The Fund shall be maintained for the purposes stated in this section and unspent portions of the Fund shall remain in the Fund and may not revert to the General Fund of the State. (6) Money expended from the Fund for pediatric cancer research is supplemental and is not intended to take the place of funding that would otherwise be appropriated to the Department for pediatric cancer research. (7) All expenditures from the Fund shall be made only in accordance with an appropriation approved by the General Assembly in the annual State budget or through an approved budget amendment under §§ 7–209 and 7–210 of the State Finance and Procurement Article. (8) (i) For fiscal year 2023, the Governor shall include in the annual budget bill an appropriation of $5,000,000 to the Fund. (ii) If $5,000,000 is not included in the annual budget bill for fiscal year 2023, then the Governor shall include in the annual budget bill for fiscal year 2024 an appropriation of $5,000,000 to the Fund. (c) (1) (i) Each year, the Secretary may: 1. Distribute funds from the Fund to a promotional account to be allocated to a State–based childhood cancer organization to be used to promote further donations to the Fund and to educate the State scientific community about the opportunities for childhood cancer research through the Fund; and 2. Use funds from the Fund to administer the Fund, including for staff and administrative costs associated with the Commission established under § 20–121 of this title. (ii) The amounts distributed and used under subparagraph (i) of this paragraph may not exceed a total of 5% of the Fund. (2) (i) After making the distribution allowed under paragraph (1) of this subsection, the Secretary shall use the remainder of the Fund only to provide grants to eligible physicians, hospitals, laboratories, educational institutions, and other organizations and persons to conduct pediatric cancer research. (ii) Money received from the grant program under this section may not be used to pay for institutional overhead expenses, organizational expenses, or charges that are not directly related to pediatric cancer research or expenses arising from community–based support services. (d) (1) On or before August 31 each year, the Secretary shall submit a report to the General Assembly, in accordance with § 2–1257 of the State Government Article, on the administration of the Fund. (2) The report required under this subsection shall include: (i) A description of promotional efforts undertaken with money from the Fund; and (ii) A detailed accounting of the use of the Fund. (e) The Secretary shall adopt regulations to implement a pediatric cancer grant program under this section.

Md. Code, Health - General § 20-121

(a) In this section, “Commission” means the Pediatric Cancer Research Commission. (b) There is a Pediatric Cancer Research Commission. (c) The purpose of the Commission is to oversee the award of competitive grants from the Pediatric Cancer Fund, established under § 20–120 of this subtitle, to public and private entities in the State. (d) The Commission consists of: (1) The Secretary of Health, or the Secretary’s designee; and (2) The following members appointed by the Governor: (i) Two individuals who are adult survivors of pediatric cancer or caregivers of pediatric cancer patients, who may be identified in consultation with the American Childhood Cancer Organization; (ii) One representative of the American Childhood Cancer Organization; (iii) Four scientists with expertise in pediatric cancer research; (iv) Two advanced practice registered nurses who have experience in pediatric cancer care; and (v) Three physicians with expertise in treating pediatric cancer patients. (e) (1) The term of an appointed member is 3 years. (2) The terms of the appointed members of the Commission are staggered as required by the terms provided for members of the Commission on October 1, 2024. (3) If a vacancy occurs during the term of an appointed member, the Governor shall appoint a successor who shall serve until the term expires. (4) At the end of a term, a member may continue to serve only until a successor is appointed and qualifies. (5) 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. (6) A member may not serve more than two consecutive full terms. (f) Each member of the Commission shall disclose to the State Ethics Commission whether the member is employed by or has a financial interest in an entity that may apply to conduct State–funded pediatric cancer research. (g) (1) The Governor may remove a member for neglect of duty, incompetence, misconduct, malfeasance, misfeasance, nonfeasance, or any other sufficient cause. (2) The Governor may not remove a member for political party preference. (h) (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. (i) The Commission shall meet at least twice a year, at the times and places that it determines. (j) A member of the Commission: (1) May not receive compensation as a member of the Commission; but (2) Is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget. (k) The Commission annually shall elect a chair and vice chair from among its members. (l) The Commission shall: (1) Develop criteria, standards, and requirements for the review of applications for pediatric cancer research grants from the Pediatric Cancer Fund; (2) Establish procedures and guidelines to be used in the review, evaluation, ranking, and rating of the research grant proposals; (3) Develop criteria and a process for reviewing grant applications to ensure that each application is complete and satisfies the criteria, standards, and requirements developed by the Commission under item (1) of this subsection; (4) Develop disclosure and recusal guidelines to be followed by members of the Commission when considering grant applications; (5) Establish standards for the oversight of awards; and (6) Conduct progress reviews of grant recipients. (m) The Commission may consult with experts in performing its duties.

Md. Code, Health - General § 20-207

In Part II of this subtitle, “qualified provider” means an individual: (1) Who is licensed, certified, or otherwise authorized by law to practice in the State; and (2) For whom the performance of an abortion is within the scope of the individual’s license or certification.

Md. Code, Health - General § 20-209

(a) In this section, “viable” means that stage when, in the best clinical judgment of the qualified provider based on the particular facts of the case before the qualified provider, there is a reasonable likelihood of the fetus’s sustained survival outside the womb. (b) Except as otherwise provided in this subtitle, the State may not interfere with the decision of a woman to terminate a pregnancy: (1) Before the fetus is viable; or (2) At any time during the woman’s pregnancy, if: (i) The termination procedure is necessary to protect the life or health of the woman; or (ii) The fetus is affected by genetic defect or serious deformity or abnormality. (c) The Department may adopt regulations that: (1) Are both necessary and the least intrusive method to protect the life or health of the woman; and (2) Are not inconsistent with established clinical practice. (d) The qualified provider is not liable for civil damages or subject to a criminal penalty for a decision to perform an abortion under this section made in good faith and in the qualified provider’s best clinical judgment in accordance with accepted standards of clinical practice.

Md. Code, Health - General § 20-214

(a) (1) A person may not be required to perform or participate in, or refer to any source for, any medical procedure that results in artificial insemination, sterilization, or termination of pregnancy. (2) The refusal of a person to perform or participate in, or refer to a source for, these medical procedures may not be a basis for: (i) Civil liability to another person; or (ii) Disciplinary or other recriminatory action against the person. (b) (1) A licensed hospital, hospital director, or hospital governing board may not be required: (i) To permit, within the hospital, the performance of any medical procedure that results in artificial insemination, sterilization, or termination of pregnancy; or (ii) To refer to any source for these medical procedures. (2) The refusal to permit or to refer to a source for these procedures may not be grounds for: (i) Civil liability to another person; or (ii) Disciplinary or other recriminatory action against the person by this State or any person. (c) (1) The refusal of an individual to submit to or give consent for an abortion or sterilization may not be grounds for loss of any privileges or immunities to which the individual otherwise would be entitled. (2) Submitting to or granting consent for an abortion or sterilization may not be a condition precedent to the receipt of any public benefits. (d) Notwithstanding any other provision of this section, a health care provider, a licensed hospital, a hospital director, or a hospital governing board is not immune from civil damages, if available at law, or from disciplinary or other recriminatory action, if the failure to refer a patient to a source for any medical procedure that results in sterilization or termination of pregnancy would reasonably be determined as: (1) The cause of death or serious physical injury or serious long-lasting injury to the patient; and (2) Otherwise contrary to the standards of medical care.

Md. Code, Health - General § 20-301

(a) In this subtitle, “nuisance” means a condition that is dangerous to health or safety including: (1) An inadequately protected swimming pool; (2) An unprotected open ditch; (3) An unsanitary outhouse; (4) A foul pigpen; (5) An improperly functioning sewage system; (6) An unkempt junkyard; (7) An unkempt scrap metal processing facility; (8) An excessive accumulation of trash or garbage; (9) A dead animal; (10) A contaminated water supply; (11) An inadequately protected water supply; (12) A rodent harborage; (13) Poor housekeeping that could endanger the health of the owner, occupant, employee, or a neighbor; or (14) Any condition that may endanger health that may be transmitted by means including: (i) Running streams; (ii) Surface drainage; (iii) Air currents; (iv) Birds; (v) Domestic animals; or (vi) Human beings. (b) “Nuisance” does not include: (1) Any condition resulting from a farm operation following generally accepted agricultural practices that are not creating a condition dangerous to health or safety; or (2) Any condition resulting from a commercial fishing or seafood operation following generally accepted industry standards and processes that are not creating a condition dangerous to health or safety.

Md. Code, Health - General § 20-301.1

§20–301.1. Notwithstanding the provisions of Title 10 of the Environment Article, the Secretary is responsible for the general care of the sanitary interests of the people of the State.

Md. Code, Health - General § 20-303

(a) The Secretary may adopt rules and regulations to govern the character and location of: (1) Plumbing; (2) Drainage; (3) Water supply; (4) Offensive trades; and (5) Disposal of any waste material, including sewage or garbage. (b) The Secretary may adopt rules and regulations to govern the sanitary condition of: (1) Streets; (2) Cesspools; (3) Outhouses; and (4) Any sanitary feature connected with any of these.

Md. Code, Health - General § 20-306

(a) The health officer for each county: (1) May investigate any suspected nuisance; and (2) Shall investigate and report on the sanitary conditions of schools, places of business, and places of employment in the county. (b) (1) If the health officer finds that a nuisance exists, the health officer shall serve a written notice to the person who is causing the nuisance, ordering the person to abate the nuisance within a time specified in the notice. (2) The notice shall be served: (i) On the person who is causing the nuisance; or (ii) If the person who is causing the nuisance cannot be found, on the owner or occupant of the property where the nuisance exists. (c) Failure to comply with the requirements of a notice served under this section is a violation of this subtitle. (d) If a question arises between health officers as to the jurisdiction or duties of a health officer in the abatement of a nuisance, the question shall be referred to the Secretary for resolution. (e) (1) A health officer may file a complaint in the circuit court for the county where the nuisance exists if: (i) The person served with the notice under this section fails to comply with the requirements of the notice; or (ii) Although the person served with a notice under this section complies with the requirements of the notice, the nuisance is likely to recur on the same property. (2) A complaint filed under this subsection may seek a court order requiring the individual served with a notice under subsection (b) of this section to: (i) Comply with the requirements of the health officer’s abatement notice; (ii) Abate the nuisance within a specified time; (iii) Prevent the nuisance from recurring; or (iv) Pay a fine of not more than $1,000.

Md. Code, Health - General § 20-307

(a) The Secretary may investigate any suspected nuisance. (b) (1) If the Secretary finds that a nuisance exists, the Secretary shall serve a written notice to the person who is causing the nuisance, ordering the person to abate the nuisance within a time specified in the notice. (2) The notice shall be served: (i) On the person who is causing the nuisance; or (ii) If the person who is causing the nuisance cannot be found, on the owner or occupant of the property where the nuisance exists. (c) (1) The Secretary may file a complaint in the circuit court for the county where the nuisance exists if: (i) The person served with the notice fails to comply with the requirements of the notice; or (ii) Although the person served complies with the requirements of the notice, the nuisance is likely to recur on the same property. (2) A complaint filed under this subsection may seek a court order requiring the person served with the notice to: (i) Comply with the requirements of the Secretary’s abatement notice; (ii) Abate the nuisance within a time specified in the order; (iii) Prevent the nuisance from recurring; or (iv) Pay a fine of not more than $1,000.

Md. Code, Health - General § 20-308

(a) If, after investigation, the Secretary or a local health officer finds that a nuisance exists that presents an immediate hazard to public health, the Secretary or local health officer may summarily abate the nuisance. (b) Before summarily abating a nuisance under this section, the Secretary or a local health officer shall: (1) Serve an abatement order on the owner of the property where the nuisance exists or, if the owner cannot be found, on the occupant or tenant of the property; or (2) If the property is unoccupied and the owner cannot be found, attach an abatement order to the property where the nuisance exists. (c) (1) The abatement order shall require and state: (i) A time period within which the owner, occupant, or tenant of the property where the nuisance exists shall abate the nuisance; and (ii) The work and materials necessary to abate the nuisance. (2) The time period within which to abate the nuisance may not be less than 24 hours nor more than 5 days from the date and hour that the order is served. (d) (1) If the owner, occupant, or tenant served with an abatement order fails to abate or only partially abates the nuisance within the time specified in the order, the Secretary, local health officer, or the representative of the Secretary or local health officer shall: (i) Enter on the property; and (ii) At the expense of the owner, occupant, or tenant of the property, do any work and use any materials necessary to abate the nuisance. (2) The Secretary or local health officer may not expend more than $5,000 to abate the nuisance. (e) If, within 60 days after the Secretary or local health officer has completed an abatement under this section, the owner, occupant, or tenant does not pay to the Secretary or local health officer the cost of the abatement, the Secretary or local health officer shall file suit against the owner, occupant, or tenant in the District Court for the county where the nuisance was abated. (f) A person may not: (1) Interfere with the Secretary, local health officer, or the representative of the Secretary or local health officer summarily abating a nuisance under this section; or (2) Refuse to allow the Secretary, local health officer, or the representative of the Secretary or local health officer to enter on any property for the purpose of summarily abating a nuisance under this section.

Md. Code, Health - General § 20-309

A person who fails to comply with the requirements of a notice served under § 20-306 or § 20-307 of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000.

Md. Code, Health - General § 20-310

(a) A person who fails to exercise due diligence under a court order to abate a condition under § 20-306 or § 20-307 of this subtitle is guilty of a misdemeanor and on conviction is subject to: (1) A fine not exceeding $1,000; and (2) The cost of prosecution. (b) A person who knowingly or willfully acts contrary to a court order to abate a condition under § 20-306 or § 20-307 of this subtitle is guilty of a misdemeanor and on conviction is subject to: (1) A fine not exceeding $1,000; and (2) The cost of prosecution.

Md. Code, Health - General § 20-311

In addition to any other penalty provided by law, a person is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 30 days or both, if the person: (1) Interferes with the Secretary, local health officer, or the representative of the Secretary or local health officer summarily abating a nuisance under § 20-308 of this subtitle; or (2) Refuses to allow the Secretary, local health officer, or the representative of the Secretary or local health officer to enter on any property for the purpose of summarily abating a nuisance under § 20-308 of this subtitle.

Md. Code, Health - General § 20-312

(a) The Secretary may adopt regulations to implement the provisions of this subtitle. (b) A person who violates any rule or regulation that the Secretary adopts under this subtitle is guilty of a misdemeanor.

Md. Code, Health - General § 20-313

In Cecil County or Allegany County, in addition to any other penalty imposed by this subtitle, a person who refuses or neglects to comply with a notice or order to abate a nuisance by the Secretary, or by the health officer for the county where the nuisance exists, is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $100 a day for each day the violation continues.

Md. Code, Health - General § 20-314

Sections 20-310 through 20-313 of this subtitle may not be construed to abrogate any equitable or legal right or remedy otherwise available under the law to abate a nuisance.

Md. Code, Health - General § 20-401

(a) In this subtitle the following words have the meanings indicated. (b) “Born” means the complete expulsion or extraction of a product of human conception from the mother, regardless of the period of gestation, if, after the expulsion or extraction, it breathes or shows any other evidence of life, such as heartbeat, pulsation of the umbilical cord, or definite movement of voluntary muscle, whether or not the umbilical cord is cut or the placenta is attached. (c) “Cord blood sampling” means: (1) Taking a sample of a newborn infant’s blood from the infant’s umbilical cord; or (2) The act of producing such a sample. (d) “Footprinting” means: (1) An ink or other type of impression of the skin patterns located on the sole of a foot; or (2) The act of producing such an impression. (e) “Institution” means: (1) A hospital or related institution as defined in § 19-301 of this article; (2) A freestanding birthing center as defined in § 19-3B-01(f) of this article; or (3) Any other facility that delivers an infant from its mother.

Md. Code, Health - General § 20-402

(a) Except as provided in subsection (b) of this section, after an infant is born in an institution and before the infant leaves the delivery room of the institution, the institution shall perform at least one of the following infant identification procedures on all newborn infants: (1) Cord blood sampling; (2) Footprinting; or (3) Any other procedure the Secretary deems equivalent and appropriate. (b) (1) An institution shall maintain the record of a newborn infant’s identification for a period of time the Secretary establishes by regulation. (2) In establishing the regulations required under paragraph (1) of this subsection, the Secretary shall: (i) Consider the varying nature of infant identification procedures that may be used by an institution under this subtitle; and (ii) Adopt appropriate time periods for each type of infant identification procedure. (c) All personnel of an institution responsible for performing newborn infant identification procedures under this subtitle shall be adequately trained in all infant identification procedures used by the institution. (d) An institution acting in good faith in accordance with the provisions of this subtitle may not be liable in any cause of action related to the failure to produce an identifiable newborn infant identification.

Md. Code, Health - General § 20-601

(a) Except as provided in § 20-602 of this subtitle, a person who knowingly circumcises, excises, or infibulates the whole or any part of the labia majora or labia minora or clitoris of an individual who is under the age of 18 years is guilty of female genital mutilation. (b) Except as provided in § 20-602 of this subtitle, a parent, guardian, or other individual is guilty of female genital mutilation if the individual: (1) Is legally responsible and charged with the care or custody of a child under the age of 18 years; and (2) Knowingly consents to the circumcision, excision, or infibulation of the whole or any part of the labia majora or labia minora or clitoris of the child.

Md. Code, Health - General § 20-602

(a) A surgical operation is not a violation of this subtitle if the operation is necessary to the health of the individual on whom it is performed and is performed by a person licensed in the State as a medical practitioner. (b) In determining whether an operation is necessary to the health of the individual, no account may be taken of the belief on the part of any individual that the operation is required as a matter of custom or ritual.

Md. Code, Health - General § 20-603

A person who violates the provisions of this subtitle is guilty of a felony and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $5,000 or both.

Md. Code, Health - General § 20-701

(a) This section applies only in: (1) Allegany County; (2) Anne Arundel County; (3) Charles County; (4) Harford County; (5) Kent County; (6) Montgomery County; (7) Prince George’s County; (8) Somerset County; (9) Talbot County; and (10) Wicomico County. (b) A physician, pharmacist, dentist, or nurse who treats an individual for an injury that was caused or shows evidence of having been caused by an automobile accident or a lethal weapon, or the individual in charge of a hospital that treats the injured individual, shall notify the county sheriff, the county police, or the Department of State Police of the injury as soon as practicable. (c) A report of injury shall include: (1) The injured individual’s name and address, if known; (2) A description of the injury; and (3) Any other facts concerning the matter that might assist in detecting crime. (d) An individual who fails to make a report required by this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $25.

Md. Code, Health - General § 20-702

(a) In this section, “moving vessel” means a vessel as defined in § 8-701 of the Natural Resources Article that: (1) Is in the water; and (2) Is not anchored or tied to a fixed object. (b) (1) A physician, pharmacist, dentist, or nurse who treats an individual for an injury that was caused or shows evidence of having been caused by an accident involving a moving vessel, or the individual in charge of a hospital that treats the injured individual, shall notify the county sheriff, the county police, the Department of State Police, or the Natural Resources Police of the injury as soon as practicable. (2) A police department notified of an accident involving a moving vessel promptly shall advise the Department of Natural Resources. (c) A report of injury shall include: (1) The injured individual’s name and address, if known; (2) A description of the injury; and (3) Any other facts concerning the matter that might assist in detecting crime. (d) An individual who fails to make a report under subsection (b)(1) of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $25.

Md. Code, Health - General § 20-703

(a) A physician, pharmacist, dentist, or nurse who treats an individual for an injury that was caused or shows evidence of having been caused by a gunshot of any type, or the individual in charge of a hospital that treats the injured individual, shall notify the county sheriff, the county police, or the Department of State Police of the injury as soon as practicable. (b) A report of injury shall include: (1) The injured individual’s name and address, if known; (2) A description of the injury; and (3) Any other facts concerning the matter that might assist in detecting crime. (c) A person who fails to make a report required by this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $25.

Md. Code, Health - General § 20-801

(a) A mother may breast-feed her child in any public or private location in which the mother and child are authorized to be. (b) A person may not restrict or limit the right of a mother to breast-feed her child.

Md. Code, Health - General § 20-901

In adopting this subtitle, the General Assembly intends to encourage courses or seminars that address the identification and elimination of health care services disparities of minority populations as part of: (1) Curriculum courses or seminars offered or required by institutions of higher education; (2) Continuing education requirements for health care providers; and (3) Continuing education programs offered by hospitals for hospital staff and health care practitioners.

Md. Code, Health - General § 20-902

(a) An institution of higher education in the State that includes in the curriculum courses necessary for the licensing of health care professionals in the State may include in the curriculum courses or offer special seminars that address the identification and elimination of health care services disparities of minority populations as reported in the findings of: (1) The Institute of Medicine’s report “Unequal Treatment: Confronting Racial and Ethnic Disparities in Health Care”; and (2) The Surgeon General’s “Healthy People 2020” report. (b) The courses or special seminars described under subsection (a) of this section shall address, with cultural competence, sensitivity, and health literacy the issue of health care services disparities of minority populations identified by: (1) Race; (2) Ethnicity; (3) Poverty; and (4) Gender.

Md. Code, Health - General § 20-903

A hospital with a continuing education program may offer and require the hospital’s medical staff and health care practitioners to take a continuing medical education or continuing education unit course that addresses health care services disparities of minority populations.

Md. Code, Health - General § 20-1001

(a) In this subtitle the following words have the meanings indicated. (b) “Director” means the Director of the Office of Minority Health and Health Disparities. (c) “Minority person” includes African Americans, Hispanics, Asian and Pacific Islanders, and American Indians statewide. (d) “Office” means the Maryland Office of Minority Health and Health Disparities established under § 20-1002 of this subtitle.

Md. Code, Health - General § 20-1004

The Office shall: (1) Be an advocate for the improvement of minority health care by working with the Department on its own, or in partnership with other public and private entities to establish appropriate forums, programs, or initiatives designed to educate the public regarding minority health and health disparities issues, with an emphasis on preventive health and healthy lifestyles; (2) Assist the Secretary in identifying, coordinating, and establishing priorities for programs, services, and resources that the State should provide for minority health and health disparities issues; (3) Collect, classify, and analyze relevant research information and data collected or compiled by: (i) The Department; (ii) The Department in collaboration with others; and (iii) Other public and private entities; (4) Research innovative methods and obtain resources to improve existing data systems to ensure that the health information that is collected includes specific race and ethnicity identifiers; (5) Serve as a clearinghouse and resource library for information about minority health and health disparities data, strategies, services, and programs that address minority health and health disparities issues; (6) Develop a strategic plan to improve public services and programs targeting minorities; (7) Obtain funding and, contingent upon funding, provide grants to community–based organizations and historically black colleges and universities to conduct special research, demonstration, and evaluation projects for targeted at–risk racial and ethnic minority populations and to support ongoing community–based programs that are designed to reduce or eliminate racial and ethnic health disparities in the State; (8) Develop criteria for the awarding of grants for programs that are designed to improve minority health care; (9) Review existing laws and regulations to ensure that they facilitate the provision of adequate health care to the minorities of this State; (10) Recommend to the Secretary any additions or changes to existing laws and regulations designed to facilitate the adequate provision of health care to minorities in this State; (11) Identify and review health promotion and disease prevention strategies relating to the leading health causes of death and disability among minority populations; (12) Develop and implement model public and private partnerships in racial and ethnic minority communities for health awareness campaigns and to improve the access, acceptability, and use of public health services; (13) Develop recommendations for the most effective means of providing outreach to racial and ethnic minority communities throughout the State to ensure their maximum participation in publicly funded health benefits programs; (14) Develop a statewide plan for increasing the number of racial and ethnic minority health care professionals which includes recommendations for the financing mechanisms and recruitment strategies necessary to carry out the plan; (15) Work collaboratively with universities and colleges of medicine, nursing, pharmacy, dentistry, social work, public health, and allied health in this State and other health care professional training programs to develop courses with cultural competency, sensitivity, and health literacy, that are designed to address the problem of racial and ethnic disparities in health care access, utilization, treatment decisions, quality, and outcomes; (16) Work collaboratively with the Maryland Health Care Disparities Initiative, the Morgan–Hopkins Center for Health Disparities Solutions, the University of Maryland Disparity Project, the Monumental City Medical Society, faculty and researchers at historically black colleges and universities, and other existing alliances or plans, to reduce or eliminate racial and ethnic disparities in the State; (17) Seek to establish a statewide alliance with community–based agencies and organizations, historically black colleges and universities, health care facilities, health care provider organizations, managed care organizations, and pharmaceutical manufacturers to promote the objectives of the Office; (18) Evaluate multicultural or racial and ethnic minority health programs in other states to assess their efficacy and potential for replication in this State and make recommendations regarding the adoption of such programs, as appropriate; (19) Apply for and accept any grant of money from the federal government, private foundations, or other sources which may be available for programs related to minority health and health disparities; (20) Serve as the designated State agency for receipt of federal funds specifically designated for minority health and health disparities programs; (21) Work collaboratively with the Governor’s Office of Small, Minority, and Women Business Affairs as the Office determines necessary; (22) In collaboration with the Maryland Health Care Commission and the health occupations boards established under the Health Occupations Article, publish annually on the Department’s website and provide in writing on request a “Health Care Disparities Policy Report Card” that includes: (i) An analysis of racial and ethnic variations in insurance coverage for low–income, nonelderly individuals; (ii) The racial and ethnic composition of the individuals who hold a license or certificate issued by a health occupations board established under the Health Occupations Article compared to the racial and ethnic composition of the State’s population; (iii) The racial and ethnic disparities in morbidity and mortality rates for cardiovascular disease, cancer, diabetes, HIV/AIDS, infant mortality, asthma, dementia, and other diseases identified by the Maryland Health Care Commission; and (iv) A comparison of the information included under items (i) and (ii) of this item with previously published “Health Care Disparities Policy Report Cards” including the same information; (23) To the extent authorized under federal and State privacy laws, publish on its website health data that includes race and ethnicity information collected by the Office and update the data at least once every 6 months; and (24) To the extent authorized under federal and State privacy laws, respond to requests for health data that includes race and ethnicity information within 30 days after receipt of the request.

Md. Code, Health - General § 20-1005

Subject to the limitations of any law that governs the activities of other units of the Executive Branch of State government, the Director shall: (1) Promote health and the prevention of disease among members of minority groups; (2) Distribute grants from available federal and special funds to community–based health groups to be used to promote health and the prevention of disease among members of minority groups; (3) Fund projects which are innovative, culturally sensitive, and specific in their approach toward reduction of the incidence and severity of those diseases or conditions which are responsible for excess morbidity and mortality in minority populations; and (4) Meet with representatives from the Maryland Health Care Commission and the Department at least annually to: (i) Examine the collection of health data that includes race and ethnicity information in the State; and (ii) Identify any changes for improving the health data that includes race and ethnicity information that is accessible by the Office.

Md. Code, Health - General § 20-1006

(a) On or before the 15th day of each regular session of the General Assembly, the Department shall submit an annual report on the Office of Minority Health and Health Disparities to the Governor and, subject to § 2–1257 of the State Government Article, to the General Assembly. (b) The report shall include the projects and services developed and funded by the Office and the health care problems that the grant funds are intended to ameliorate. (c) The report may include any recommendations for administrative or legislative action that it deems appropriate.

Md. Code, Health - General § 20-1007

(a) For fiscal year 2023 and each fiscal year thereafter, the Governor shall include in the annual budget bill an appropriation for the Office in an amount that is at least $1,788,314 or 0.012% of the total funds appropriated to the Department in that fiscal year, whichever is greater. (b) It is the intent of the General Assembly that the Office supplement the funding for the Office provided under subsection (a) of this section with funding from federal and special funding sources. (c) On or before October 1 each year, the Office shall report to the House Health and Government Operations Committee and the Senate Finance Committee, in accordance with § 2–1257 of the State Government Article, the following information from the immediately preceding fiscal year: (1) The Office’s efforts to obtain funding described under subsection (b) of this section; and (2) The amount of funding from federal and special funding sources the Office received.

Md. Code, Health - General § 20-1301

(a) In this subtitle the following words have the meanings indicated. (b) “Cultural and linguistic competency” means cultural and linguistic abilities that can be incorporated into therapeutic and medical evaluation and treatment, including: (1) Direct communication in the patient’s primary language; (2) Understanding and applying the roles that culture, ethnicity, and race play in diagnosis, treatment, and clinical care; and (3) Awareness of how the attitudes, values, and beliefs of health care providers and patients influence and impact professional and patient relations. (c) “Health care professional” includes a physician, nurse, dentist, social worker, psychologist, pharmacist, health educator, or other allied health professional. (d) “Implicit bias” means a bias in judgment that results from subtle cognitive processes, including the following prejudices and stereotypes that often operate at a level below conscious awareness and without intentional control: (1) Prejudicial negative feelings or beliefs about a group that an individual holds without being aware of the feelings or beliefs; and (2) Unconscious attributions of particular qualities to a member of a specific social group that are influenced by experience and based on learned associations between various qualities and social categories, including race and gender. (e) “Program” means the Cultural and Linguistic Health Care Professional Competency Program. (f) “Structural racism” means the totality of ways in which societies foster racial discrimination by mutually reinforcing systems of housing, education, employment, earnings, benefits, credit, media, health care, and criminal justice.

Md. Code, Health - General § 20-1302

(a) There is a Cultural and Linguistic Health Care Professional Competency Program. (b) The purpose of the Program is to: (1) Provide for a voluntary program in which educational classes are offered to health care professionals to teach health care professionals: (i) Methods to improve the health care professionals’ cultural and linguistic competency to communicate with non–English speaking patients and patients from other cultures who are English speaking; (ii) Cultural beliefs and practices that may impact patient health care practices and allow health care professionals to incorporate the knowledge of the beliefs and practices in the diagnosis and treatment of patients; and (iii) Methods to enable health care professionals to increase the health literacy of their patients to improve the patient’s ability to obtain, process, and understand basic health information and services to make appropriate health care decisions; (2) Establish and provide an evidence–based implicit bias training program for health care professionals involved in the perinatal care of patients under § 20–1305 of this subtitle; and (3) Identify and approve implicit bias and structural racism training programs for health occupation licensure and certification under § 1–225 of the Health Occupations Article.

Md. Code, Health - General § 20-1303

The Medical and Chirurgical Faculty of Maryland, the State Medical Society, the Maryland Nurses Association, the Maryland State Dental Association, the National Association of Social Workers – Maryland Chapter, the Maryland Clinical Social Work Coalition, the Maryland Psychological Association, the Maryland Pharmacists Association, or any other health professional association or public health entity in the State is encouraged to identify training programs, or, if feasible, to develop or collaborate in the development of training programs, that: (1) Address ethnic language or racial groups of interest to the health care professional members; (2) Are based on the established knowledge of health care professionals serving target populations; (3) Are developed in collaboration with the Office of Minority Health and Health Disparities; and (4) Include standards that identify the degree of competency for participants to qualify for completion of a program.

Md. Code, Health - General § 20-1304

(a) The Maryland Department of Health shall develop a method through which the appropriate professional licensing board recognizes the training received by health care professionals under this subtitle, either through continuing education credits or otherwise. (b) The Program shall provide a certificate of training completion for any individual who completes the training established under § 20–1305 of this subtitle, and to a facility on request.

Md. Code, Health - General § 20-1305

(a) (1) In this section the following words have the meanings indicated. (2) “Perinatal care” means the provision of care during pregnancy, labor, delivery, and postpartum and neonatal periods. (3) “Perinatal care facility” includes: (i) A hospital, as defined in § 19–301 of this article, that provides perinatal care; and (ii) A freestanding birthing center, as defined in § 19–3B–01 of this article. (b) (1) On or before January 1, 2021, the Program shall establish an evidence–based implicit bias training program for all health care professionals involved in the perinatal care of patients in a perinatal care facility. (2) (i) The Program shall establish the implicit bias program required under paragraph (1) of this subsection using best practices in implicit bias training. (ii) The implicit bias program required under paragraph (1) of this subsection may include best practices used in other states. (c) On or before January 1, 2022, and once every 2 years thereafter or more frequently, as determined by the perinatal care facility, a health care professional who is an employee of, and involved in the perinatal care of patients at, a perinatal care facility shall complete the training established under subsection (b) of this section. (d) The Program shall offer the training established under subsection (b) of this section to any health care professional involved in perinatal care of patients at a perinatal care facility who is not required to complete the training under subsection (c) of this section because the health care professional is not an employee of a perinatal care facility.

Md. Code, Health - General § 20-1306

(a) (1) The Program shall, in coordination with the Office of Minority Health and Health Disparities, identify and approve implicit bias and structural racism training programs that an individual may complete to satisfy the requirements of § 1–225 of the Health Occupations Article. (2) The Program may approve only implicit bias and structural racism training programs under paragraph (1) of this subsection that are recognized by a health occupations board established under the Health Occupations Article or accredited by the Accreditation Council for Continuing Medical Education or the Accreditation Council for Pharmacy Education. (b) The Program shall provide a list of training programs approved under subsection (a) of this section on request.

Md. Code, Health - General § 20-1401

(a) In this subtitle the following words have the meanings indicated. (b) “Advisory Committee” means the Health Equity Resource Community Advisory Committee. (c) “Commission” means the Community Health Resources Commission. (d) “Community health worker” has the meaning stated in § 13–3701 of this article. (e) “Federally qualified health center” has the meaning stated in § 24–1301 of this article. (f) “Fund” means the Health Equity Resource Community Reserve Fund established under § 20–1407 of this subtitle. (g) “Health care practitioner” means an individual or, collectively, a group of individuals working together within the same practice, each of whom is licensed, certified, or otherwise authorized by law to provide health care services under the Health Occupations Article. (h) “Health disparity” means a particular type of health difference, such as a difference in rates of hypertension, heart disease, asthma, diabetes, substance abuse, mental health disorders, and maternal and infant mortality, that: (1) Is closely linked with social, economic, or environmental disadvantage; and (2) Adversely affects groups of individuals who have systematically experienced greater obstacles to health care based on their: (i) Race or ethnicity; (ii) Religion; (iii) Socioeconomic status; (iv) Gender, gender identity, or sexual orientation; (v) Age; (vi) Mental health status; (vii) Cognitive, sensory, or physical disability; (viii) Geographic location; or (ix) Other characteristic historically linked to discrimination or exclusion. (i) “Health Equity Resource Community” means a contiguous geographic area that: (1) Demonstrates measurable and documented health disparities and poor health outcomes; (2) Is small enough to allow for the incentives offered under this subtitle to have a significant impact on improving health outcomes and reducing health disparities, including racial, ethnic, geographic, and disability related health disparities; (3) Is designated by the Commission in accordance with the provisions of this subtitle; and (4) Has a minimum population of 5,000 residents. (j) “Hospital” has the meaning stated in § 19–301 of this article. (k) “Institution of higher education” has the meaning stated in § 10–101 of the Education Article.

Md. Code, Health - General § 20-1402

(a) The purpose of establishing Health Equity Resource Communities is to target State resources to specific areas of the State to: (1) Reduce health disparities; (2) Improve health outcomes; (3) Improve access to primary care; (4) Promote primary and secondary prevention services; and (5) Reduce health care costs and hospital admissions and readmissions. (b) (1) The Commission may adopt regulations to carry out the provisions of this subtitle and to specify eligibility criteria and application, approval, and monitoring processes for the resources allocated under this subtitle. (2) (i) The Office of Minority Health and Health Disparities and the Chesapeake Regional Information System for our Patients (CRISP) shall provide technical assistance to the Commission in implementing the provisions of this subtitle. (ii) At the request of the Commission, any other unit in the Department shall provide technical assistance to the Commission in implementing the provisions of this subtitle. (c) Two additional staff shall be added to the Commission to carry out the provisions of this subtitle.

Md. Code, Health - General § 20-1403

(a) (1) On or before July 1, 2021, the Commission shall establish a Health Equity Resource Community Advisory Committee. (2) The duties of the Advisory Committee include: (i) Providing initial and ongoing assistance and guidance regarding program evaluation and data collection metrics for Health Equity Resource Communities and health equity research practitioners; (ii) Assisting the Commission in preparing the required annual report described in § 20–1408(b) of this subtitle and § 19–2112 of this article; (iii) Proposing strategies for tax incentives and loan repayments to assist Health Equity Resource Communities in achieving their mission; and (iv) Providing guidance, as determined by the Commission, to the Commission as necessary to implement the provisions of this subtitle. (b) The Advisory Committee consists of: (1) The Chair of the Community Health Resources Commission or the Chair’s designee; (2) The Director of the Office of Minority Health and Health Disparities, or the Director’s designee; (3) Three members appointed by the Governor, including: (i) One individual representing the Maryland Department of Health; and (ii) One individual with expertise in health care financing; (4) Three members appointed by the President of the Senate, including: (i) One individual with expertise in the social determinants of health; and (ii) One individual who is a member of the general public residing in an area that has been or may be designated a Health Equity Resource Community; and (5) Three members appointed by the Speaker of the House, including: (i) One individual with expertise in health equity; and (ii) One individual who is a member of the general public residing in an area that has been or may be designated a Health Equity Resource Community. (c) (1) Collectively, the members of the Advisory Committee shall have knowledge of the following: (i) Existing or potential health disparities in the State; (ii) Groups of residents negatively affected by health disparities; (iii) Systems, policies, and methods likely to improve health outcomes and reduce health disparities; (iv) Effective prevention services; (v) Health care costs, trends, and drivers; (vi) Clinical health services research; (vii) Consumer or patient perspectives; and (viii) Innovative ways to address social determinants of health through the use of community health workers. (2) To the extent practicable and consistent with federal and State law, the membership of the Advisory Committee shall reflect the racial, ethnic, geographic, and gender diversity of the State. (3) The Chair of the Maryland Community Health Resources Commission shall chair the Advisory Committee. (d) (1) The term of a member of the Advisory Committee is 4 years. (2) The Commission shall stagger the terms of the initial appointed members. (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 remainder of that term and until a successor is appointed and qualifies. (5) The Commission may remove an appointed member for incompetence, misconduct, or failure to perform the duties of the position. (e) A member of the Advisory Committee: (1) May not receive compensation as a member of the Advisory Committee; but (2) Is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget. (f) The Advisory Committee shall: (1) On or before January 1, 2022, hold an initial meeting; and (2) Meet at least once every 6 months thereafter. (g) The Commission may convene working or advisory groups to facilitate the implementation of this subtitle that shall include individuals who reside in an area that has been or may be designated as a Health Equity Resource Community.

Md. Code, Health - General § 20-1404

(a) For an area to receive a designation as a Health Equity Resource Community, a nonprofit community–based organization, a nonprofit hospital, an institution of higher education, a federally qualified health center, or a local government agency shall: (1) Apply to the Commission on behalf of the area to receive the designation; and (2) Include federally qualified health centers or other community–based organizations to provide health or wraparound support services within the Health Equity Resource Community. (b) Subject to subsections (c) and (e) of this section, the application shall be in the form and manner and contain the information that the Commission requires. (c) (1) The application shall contain an effective and sustainable plan to reduce health disparities, reduce costs or produce savings to the health care system, and improve health outcomes. (2) The application shall include: (i) A description of how the plan will expand federally qualified health centers’ or other community–based organizations’ capacity to provide health care services or wraparound services to address social determinants of health; and (ii) A description of how funding available under this subtitle will be used to address health disparities through evidence–based, cross–sector strategies that may include: 1. Building health care provider capacity; 2. Improving health services delivery; 3. Effectuating community improvements; 4. Conducting outreach and education efforts; 5. Implementing systemic strategies to improve coordination and communication across organizations that provide health care services; 6. Supporting community leadership development efforts; 7. Facilitating policy interventions to address upstream determinants of health; and 8. Implementing scalable approaches to meet the nonmedical social needs of populations identified in the most recent community health needs assessment, such as unstable housing, inadequate food, or job development. (d) The application may include: (1) A proposal to use funding available under this subtitle to provide for loan repayment incentives to induce health care practitioners to practice in the area; (2) A proposal to use innovative public health strategies to reduce health disparities in the area that may be supported by grants awarded under this subtitle, such as the use of community health workers, community health centers, federally qualified health centers, institutions of higher education, and community–based disease management activities; and (3) A proposal to use other incentives or mechanisms to address health disparities that focus on ways to expand access to care, expand access to nonmedical interventions that promote improved health outcomes, promote hiring, and reduce costs to the health care system. (e) The application submitted in accordance with this section shall allocate sufficient funding to cover salary and benefit costs for the evaluator required under § 20–1406 of this subtitle.

Md. Code, Health - General § 20-1405

(a) (1) On or before October 1, 2023, the Commission shall issue a request for proposals to designate areas as Health Equity Resource Communities in accordance with this subtitle. (2) The Commission: (i) Shall consider geographic diversity, among other factors, when designating areas as Health Equity Resource Communities; and (ii) May conduct outreach efforts to facilitate a geographically diverse pool of applicants, including efforts to facilitate submission of applications from rural areas. (3) After receiving all applications submitted to the Commission, the Commission shall report to the Senate Finance Committee and the House Health and Government Operations Committee, in accordance with § 2–1257 of the State Government Article, on the names of applicants and geographic areas in which applicants are located. (b) The Commission shall give priority to applications that demonstrate: (1) Support from and participation of key stakeholders in the public and private sectors, including residents of the area and local government; (2) A plan for long–term funding and self–sustainability; (3) Inclusion of supporting funds from the private sector; (4) Integration with the State Health Improvement Process and the goals set out in the strategic plan of the local health improvement coalition; (5) A plan for evaluation of the impact of designation of the proposed area as a Health Equity Resource Community and strategies for quality improvement; (6) Other factors that the Commission determines are appropriate to demonstrate a commitment to reduce health disparities and improve health outcomes; and (7) A previous designation as a Health Enterprise Zone or inclusion of areas previously included in a Health Enterprise Zone. (c) (1) An application for designation of an area as a Health Equity Resource Community submitted by a nonprofit community–based organization, a nonprofit hospital, an institution of higher education, a federally qualified health center, or a local government agency shall provide for the employment and supervision of employment of one full–time employee to serve as an evaluator of the operation, impact, and effectiveness of the Health Equity Resource Community designated under this subtitle. (2) To be designated as an evaluator under this subsection, the employee must demonstrate experience in methods of qualitative and quantitative research methodology. (3) An employee designated as an evaluator under this subsection shall coordinate with the Commission to: (i) Monitor the operation, effectiveness, and impact of the Health Equity Resource Community; and (ii) Provide data, statistics, and analysis to the Commission that shall address the reporting elements specified under § 20–1408(b) of this subtitle. (d) Notwithstanding the requirement to hire a full–time employee to serve as an evaluator under subsection (c) of this section, a nonprofit community–based organization, a nonprofit hospital, an institution of higher education, a federally qualified health center, or a local government agency may contract with a historically black college or university in the State to provide evaluator services. (e) The decision of the Commission to designate an area as a Health Equity Resource Community shall be a final decision. (f) A designation by the Commission of an area as a Health Equity Resource Community shall have a term of 5 years and may be renewed in accordance with an application approved by the Commission.

Md. Code, Health - General § 20-1406

(a) Health care practitioners and community health workers that practice in a Health Equity Resource Community may receive loan repayment assistance, as provided for in the application for designation for the Health Equity Resource Community and approved by the Commission under this subtitle. (b) (1) A health care practitioner or community health worker may apply to the Commission for a grant to defray the costs of capital or leasehold improvements to, or medical or dental equipment to be used in, a Health Equity Resource Community. (2) To qualify for a grant under paragraph (1) of this subsection, a health care practitioner or a community health worker shall: (i) Own or lease the health care facility; and (ii) Provide health care from that facility. (3) (i) A grant to defray the cost of medical or dental equipment may not exceed the lesser of $25,000 or 50% of the cost of the equipment. (ii) Grants for capital or leasehold improvements shall be for the purposes of improving or expanding the delivery of health care in the Health Equity Resource Community. (c) (1) A nonprofit community–based organization, a nonprofit hospital, an institution of higher education, a federally qualified health center, or a local government agency that receives approval of an application submitted under § 20–1403 of this subtitle may submit an application, on its own behalf, to receive grants for capital or leasehold improvements, as determined by the Commission, for the purposes described under subsection (b)(3)(ii) of this section. (2) Subject to § 20–1408(a)(2) of this subtitle, the term of any grant awarded to a nonprofit community–based organization, a nonprofit hospital, an institution of higher education, a federally qualified health center, or a local government agency for capital or leasehold improvements shall have a term of 5 years, and may be renewed in accordance with an application approved by the Commission.

Md. Code, Health - General § 20-1407

(a) There is a Health Equity Resource Community Reserve Fund. (b) The purpose of the Fund is to: (1) Support areas designated by the Commission as Health Equity Resource Communities by providing grants to community–based organizations, nonprofit hospitals, institutions of higher education, federally qualified health centers, local government agencies, health care practitioners, and community health workers to facilitate reduction of health disparities, improve health outcomes, provide drug treatment and rehabilitation, and reduce health costs and hospital admissions and readmissions in specific areas of the State; and (2) Provide funding to supplement and not supplant existing funding for behavioral health programs that provide prevention, recovery support, and harm reduction services for individuals with substance use and mental health disorders. (c) The Commission 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) Any unspent portion of the Fund may not be transferred or revert to the General Fund but shall remain in the Fund to be used for the purposes specified in this subtitle. (3) 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 in accordance with § 31–107 of the Insurance Article; (2) Interest earnings of the Fund; and (3) Any other money from any other source accepted for the benefit of the Fund. (f) (1) Except as provided in paragraph (2) of this subsection, the Fund may be used only to provide funding to the Commission for the support of areas designated as Health Equity Resource Communities by providing grants to community–based organizations, nonprofit hospitals, institutions of higher education, local government agencies, health care practitioners, federally qualified health centers, and community health workers to reduce health disparities, improve health outcomes, provide addiction and mental health services, and reduce health costs and hospital admissions and readmissions. (2) (i) The Fund may be used for the purpose of funding one full–time staff position under § 19–2112(a)(4) of this article and two full–time staff positions under § 20–1402(c) of this subtitle on the Commission. (ii) In fiscal year 2024 and each fiscal year thereafter, the Fund may be used to pay for the costs incurred by the Chesapeake Regional Information System for our Patients (CRISP) in providing technical assistance to the Commission. (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 Fund. (h) Expenditures from the Fund may be made only in accordance with the State budget. (i) Money expended from the Fund to support areas designated by the Commission as Health Equity Resource Communities under this subtitle is supplemental to and not intended to supplant funding that otherwise would be appropriated for those purposes.

Md. Code, Health - General § 20-1408

(a) (1) Each nonprofit community–based organization, nonprofit hospital, institution of higher education, federally qualified health center, or local government agency that has submitted a successful application for designation of an area as a Health Equity Resource Community under § 20–1403 of this subtitle shall submit to the Commission a report that includes: (i) A description of progress made toward the objectives set forth in the application; (ii) A description of objectives to be met during the immediately following year; and (iii) Any other information as requested by the Commission. (2) The reporting required under paragraph (1) of this subsection shall be submitted periodically in accordance with a schedule determined by the Commission. (3) The Commission may revoke a designation of an area as a Health Equity Resource Community if the nonprofit community–based organization, nonprofit hospital, institution of higher education, federally qualified health center, or local government agency that has submitted a successful application for designation of an area as a Health Equity Resource Community fails to meet the objectives provided to the Commission under subsection (a)(1) of this section for a given year. (b) (1) On or before December 15 each year, the Commission shall submit to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly a report that includes: (i) The number and types of incentives granted in each Health Equity Resource Community; (ii) Evidence of the impact of the loan repayment incentives in attracting health care practitioners and community health workers to Health Equity Resource Communities; (iii) Evidence of the impact of the incentives offered in Health Equity Resource Communities in reducing health disparities and improving health outcomes; and (iv) Evidence of the progress in reducing health costs and hospital admissions and readmissions in Health Equity Resource Communities. (2) The report described in paragraph (1) of this subsection shall include data disaggregated by the following: (i) Race; (ii) Ethnicity; (iii) Primary language; (iv) Gender; (v) Socioeconomic status; and (vi) Zip code.

Md. Code, Health - General § 20-1501

(a) In this subtitle the following words have the meanings indicated. (b) “Down syndrome” means a chromosomal condition caused by an error in cell division that results in the presence of an extra whole or partial copy of chromosome 21. (c) (1) “Health care facility” means a facility or an office where health or medical care is provided to patients by a health care provider. (2) “Health care facility” includes a hospital and a limited service hospital. (d) (1) “Health care provider” means a person who is licensed, certified, or otherwise authorized under the Health Occupations Article to provide health or medical care in the ordinary course of business or practice of a profession. (2) “Health care provider” includes a genetic counselor. (e) “Hospital” has the meaning stated in § 19–301 of this article. (f) “Limited service hospital” has the meaning stated in § 19–301 of this article.

Md. Code, Health - General § 20-1502

(a) The Department shall identify up–to–date, evidence–based, written information about Down syndrome that: (1) Has been reviewed by medical experts and national and local Down syndrome organizations; (2) Is designed for use by an expectant parent who receives a prenatal test result for Down syndrome or a parent of a child who receives a diagnosis of Down syndrome; (3) Is culturally and linguistically appropriate for potential recipients of the information; and (4) Includes: (i) Information addressing physical, developmental, educational, and psychosocial outcomes, life expectancy, clinical course, and intellectual and functional development and treatment options for individuals with Down syndrome; and (ii) Contact information for national and local Down syndrome education and support programs and services, including information hotlines, resource centers, and clearinghouses. (b) The Department shall: (1) Provide the information identified by the Department under subsection (a) of this section to health care facilities and health care providers that provide prenatal care, postnatal care, or genetic counseling to expectant parents who receive a prenatal test result for Down syndrome and parents of a child diagnosed with Down syndrome; and (2) Make available the information identified by the Department under subsection (a) of this section on the Department’s website. (c) (1) On receipt of a positive test result from a test for Down syndrome, a health care facility or health care provider may provide to the expectant parent who receives a prenatal test result for Down syndrome or the parent of the child diagnosed with Down syndrome the written information provided or made available by the Department under subsection (b) of this section. (2) The information provided under this subsection shall be culturally and linguistically appropriate for the recipient of the information.

Md. Code, Health - General § 20-1601

(a) In this subtitle the following words have the meanings indicated. (b) “Anatomical gift” means the donation of all or part of a human body to take effect after the donor’s death for the purpose of transplantation or transfusion. (c) “Auxiliary aids and services” includes: (1) Qualified interpreters or other effective methods of making aurally delivered materials available to individuals with hearing impairments; (2) Qualified readers, taped texts, texts in accessible electronic format, or other effective methods of making visually delivered materials available to individuals with visual impairments; (3) Supported decision–making services, including: (i) The use of a support individual to assist in making medical decisions, communicating information to the individual, or ascertaining an individual’s wishes; (ii) The provision of information to a person designated by the individual consistent with the federal Health Insurance Portability and Accountability Act and other applicable laws and regulations governing the disclosure of health information; and (iii) If an individual has a court–appointed guardian or other individual responsible for making medical decisions on behalf of the individual, any measures used to ensure that the individual is included in decisions involving the individual’s health care and that medical decisions are in accordance with the individual’s own expressed interests; and (4) Any other aid or service that is used to provide information in a format that is easily understandable and accessible to individuals with cognitive, neurological, developmental, or intellectual disabilities. (d) “Covered entity” means: (1) A licensed health care provider; (2) A health care facility as defined in § 19–114 of this article; (3) A laboratory; (4) A State psychiatric hospital; (5) A State residential center as defined in § 7–101 of this article; (6) An alternative living unit as defined in § 7–101 of this article; (7) A group home as defined in § 7–101 of this article; (8) An institutional medical unit in a correctional facility; or (9) Any entity responsible for potential recipients of the anatomical gift. (e) “Disability” has the meaning stated in the federal Americans with Disabilities Act. (f) “Organ transplant” means the transplantation or transfusion of a part of a human body into the body of another individual for the purpose of treating or curing a medical condition. (g) “Qualified individual” means an individual who: (1) Has a disability; and (2) Meets the essential eligibility requirements for the receipt of an anatomical gift, with or without: (i) The support networks available to the individual; (ii) The provision of auxiliary aids and services; or (iii) Reasonable modifications to the policies or practices of a covered entity, including modifications to allow: 1. Communication with individuals responsible for supporting the individual with postsurgical and posttransplantation care, including medication; and 2. The consideration of support networks available to the individual, including family, friends, and home– and community–based services funded through the Maryland Medical Assistance Program, Medicare, or another health plan in which the individual is enrolled, or any program or source of funding available to the individual, in determining whether the individual is able to comply with posttransplantation medical requirements.

Md. Code, Health - General § 20-1602

This subtitle may not be construed to require a covered entity to make a referral or recommendation for or perform a medically inappropriate organ transplant.

Md. Code, Health - General § 20-1603

The General Assembly finds that: (1) A mental or physical disability does not diminish an individual’s right to health care; (2) The federal Americans with Disabilities Act prohibits discrimination against individuals with disabilities, yet many individuals with disabilities still experience discrimination in accessing critical health care services; (3) In other states nationwide, individuals with mental and physical disabilities have historically been denied life–saving organ transplants based on assumptions that their lives are less worthy, that they are incapable of complying with posttransplantation medical requirements, or that they lack adequate support systems to ensure compliance with posttransplantation medical requirements; (4) Although organ transplant centers must consider medical and psychosocial criteria when determining if a patient is suitable to receive an organ transplant, transplant centers that participate in Medicare, the Maryland Medical Assistance Program, and other federally funded programs are required to use patient selection criteria that result in a fair and nondiscriminatory distribution of organs; and (5) State residents in need of organ transplants are entitled to assurances that they will not encounter discrimination on the basis of a disability.

Md. Code, Health - General § 20-1605

(a) A covered entity may not solely on the basis of an individual’s disability: (1) Consider a qualified individual ineligible to receive an anatomical gift or organ transplant; (2) Deny medical and other services related to organ transplantation, including evaluation, surgery, counseling, and posttransplantation treatment and services; (3) Refuse to refer the individual to a transplant center or a related specialist for the purpose of evaluation or receipt of an organ transplant; (4) Refuse to place a qualified individual on an organ transplant waiting list; or (5) Place a qualified individual at a lower–priority position on an organ transplant waiting list than the position at which the qualified individual would have been placed if not for the disability. (b) (1) Subject to paragraph (2) of this subsection, a covered entity may take an individual’s disability into account when making treatment or coverage recommendations or decisions, solely to the extent that the disability has been found by a physician, following an individualized evaluation of the individual, to be medically significant to the provision of the anatomical gift. (2) If an individual has the necessary support system to assist the individual in complying with posttransplantation medical requirements, a covered entity may not consider the individual’s inability to independently comply with the posttransplantation medical requirements to be medically significant for the purposes of paragraph (1) of this subsection. (c) A covered entity shall make reasonable modifications in policies, practices, or procedures, when the modifications are necessary to allow an individual with a disability access to services, including transplantation–related counseling, information, coverage, or treatment, unless the covered entity can demonstrate that making the modifications would fundamentally alter the nature of the services. (d) A covered entity shall take such steps as may be necessary to ensure that an individual with a disability is not denied services, including transplantation–related counseling, information, coverage, or treatment, due to the absence of auxiliary aids and services, unless the covered entity can demonstrate that taking the steps would fundamentally alter the nature of the services being offered or would result in an undue burden.

Md. Code, Health - General § 20-1606

(a) If a covered entity violates this subtitle, the affected individual may bring an action in the appropriate circuit court for injunctive or other equitable relief. (b) In an action brought under subsection (a) of this section, the circuit court shall: (1) Schedule a hearing as soon as possible; and (2) Apply the same standards in rendering a judgment in the action as would be applied in an action brought in federal court under the federal Americans with Disabilities Act.

Md. Code, Health - General § 20-1701

(a) A health care provider licensed in the State who draws the blood of a patient to perform a laboratory test for Lyme disease or a medical laboratory, as defined in § 17–201 of this article, that performs a laboratory test for the presence of Lyme disease shall provide the following written notice to the patient at the time the patient’s blood is drawn: “Your health care provider has ordered a laboratory test for the presence of Lyme disease for you. Current laboratory testing for Lyme disease can be problematic and standard laboratory tests often result in false negative and false positive results and, if done too early, you may not have produced enough antibodies to be considered positive because your immune response requires time to develop antibodies. If you are tested for Lyme disease and the results are negative, this does not necessarily mean you do not have Lyme disease. If you continue to experience unexplained symptoms, you should contact your health care provider and inquire about the appropriateness of retesting or initial or additional treatment.”. (b) If the Department finds significant differences between the content of the notice required by subsection (a) of this section and current medical evidence on Lyme disease testing, the Department may adopt regulations that change the content of the notice. (c) The Department shall provide written notice to the Senate Finance Committee and the House Health and Government Operations Committee before submitting any proposed regulation under subsection (b) of this section to the Maryland Register for publication. (d) The provision by a health care provider or medical laboratory of the notice required by subsection (a) of this section may not be the sole basis for a cause of action.

Md. Code, Health - General § 20-1801

(a) (1) In this section the following words have the meanings indicated. (2) (i) “Health care facility” means a facility or an office where health or medical care is provided to patients by a health care provider. (ii) “Health care facility” includes a hospital and a limited service hospital. (3) “Health care provider” means a person who is licensed, certified, or otherwise authorized under the Health Occupations Article to provide health or medical care in the ordinary course of business or practice of a profession. (4) “Hospital” has the meaning stated in § 19–301 of this article. (5) “Limited service hospital” has the meaning stated in § 19–301 of this article. (b) The Department, in consultation with stakeholders, shall identify up–to–date, evidence–based, written information about perinatal mood and anxiety disorders that: (1) Has been reviewed by medical experts and national and local organizations specializing in maternal mental health; (2) Is designed for use by health care providers and pregnant and postpartum women and their families; (3) Is culturally and linguistically appropriate for potential recipients of the information; and (4) Includes: (i) Information addressing: 1. The signs and symptoms of perinatal mood and anxiety disorders; 2. Perinatal medication usage; 3. Risk factors of perinatal mood and anxiety disorders, including perinatal loss and high–risk pregnancy; 4. How and when to screen for symptoms of perinatal mood and anxiety disorders; 5. Brief intervention strategies; and 6. Evidence–based psychosocial treatments; and (ii) Contact information for national and local maternal mental health programs and services. (c) The Department shall: (1) Provide the information identified by the Department under subsection (b) of this section to health care facilities and health care providers that provide prenatal care, labor and delivery services, and postnatal care to expectant parents; and (2) Make the information identified by the Department under subsection (b) of this section available on the Department’s website.

Md. Code, Health - General § 20-1802

(a) The Department, in collaboration with MedChi, The Maryland State Medical Society, the Maryland Nurses Association, the Maryland Affiliate of the American College of Nurse Midwives, the Maryland Psychological Association, and any other health professional association or public health entity in the State identified by the Department, shall identify and develop training programs that improve early identification of postpartum depression and perinatal mood and anxiety disorders. (b) The programs developed under subsection (a) of this section shall include continuing medical education programs developed by organizations that are accredited by the Accreditation Council for Continuing Medical Education.

Md. Code, Health - General § 20-1901

(a) In this subtitle the following words have the meanings indicated. (b) (1) “Identification device” means an item, an application, or a product that is passively or actively capable of transmitting personal information, including devices using radio frequency technology. (2) “Identification device” does not include an item, an application, or a product that is used in the diagnosis, monitoring, treatment, or prevention of a health condition. (c) “Personal information” includes the following data elements to the extent that the data elements are used alone or in conjunction with other information used to identify an individual: (1) First or last name; (2) Address; (3) Telephone number; (4) E–mail, Internet Protocol, or website address; (5) Date of birth; (6) Driver’s license number or identification card number; (7) Bank, credit card, or other financial account number; (8) Any unique personal identifier contained or encoded on a health insurance, health benefit, or benefit card or record issued in conjunction with a government–supported aid program; (9) Religion; (10) Ethnicity or nationality; (11) Photograph; (12) Fingerprint or other biometric identifier; (13) Social Security number; and (14) Any other unique personal identifier. (d) “Require, coerce, or compel” includes the use of physical violence, threat, intimidation, retaliation, the conditioning of any private or public benefit, including employment, promotion, or other employment benefit, and any other means to cause a reasonable individual of ordinary susceptibilities to acquiesce when the individual otherwise would not. (e) “Subcutaneous” means existing, performed, or introduced under or on the skin.

Md. Code, Health - General § 20-1902

(a) A person or an agent, a representative, or a designee of the State or a local government may not require, coerce, or compel an individual to undergo the subcutaneous implanting of an identification device. (b) (1) An individual who is implanted with a subcutaneous identification device in violation of subsection (a) of this section may file a civil action in the circuit court in the county where the violation occurred. (2) If the court finds that the person or agent, representative, or designee of the State or a local government violated subsection (a) of this section, the court may: (i) Assess against the defendant: 1. A civil penalty not exceeding $10,000; and 2. An additional civil penalty not exceeding $1,000 for each day after the day of implantation that the violation continues until corrected; and (ii) Award the plaintiff: 1. Compensatory damages; 2. Injunctive relief; 3. Reasonable attorney’s fees and litigation expenses, including expert witness fees and expenses; or 4. Any other appropriate relief. (3) In addition to the damages or relief awarded under paragraph (2) of this subsection, the court may award the plaintiff punitive damages on a finding of proof of the defendant’s malice, oppression, fraud, or duress inflicted in requiring, coercing, or compelling the plaintiff to undergo the subcutaneous implanting of an identification device. (c) (1) Except as provided in paragraph (2) of this subsection, an action brought under subsection (b) of this section shall be filed within 3 years after the date on which the identification device was implanted. (2) If a defendant induces the plaintiff to delay the filing of the action or the plaintiff delays the filing due to threats made by the defendant that caused the plaintiff duress, the defendant may not assert the limitation specified under paragraph (1) of this subsection. (d) The remedies provided by this section are in addition to any other statutory, legal, or equitable remedies that may be available and are not intended to be prerequisite to or exclusive of any other remedies. (e) The provisions of this section shall be liberally construed in the protection of privacy and bodily integrity.

Md. Code, Health - General § 20-2001

In this subtitle, “health care facility” means a facility or an office where health or medical care is provided to patients by a health care provider, including: (1) A health care facility as defined in § 19–114(d)(1) of this article; (2) A kidney dialysis center; (3) A facility operated by the Department or a health officer; and (4) The office of a health care provider.

Md. Code, Health - General § 20-2002

(a) A health care facility may not provide peritoneal dialysis or hemodialysis treatment services unless the individual performing the dialysis procedure has received training in the peritoneal dialysis or hemodialysis technique being performed. (b) A person who violates subsection (a) of this section is subject to a civil penalty imposed by the Department not exceeding $5,000 for each violation. (c) The Department shall adopt regulations to carry out this section.

Md. Code, Health - General § 20-2101

(a) On or before April 1, 2022, the Department shall develop and publish materials to assist Maryland residents with long–term care family planning. (b) The materials developed under subsection (a) of this section, consistent with recommendation number 4 in the Report of the Maryland Governor’s Task Force on Long–Term Care Planning published in 2018 as required by Chapters 212 and 213 of the Acts of the General Assembly of 2017, shall: (1) Meet the requirements for the PLAN NOW Starter Kit described in recommendation number 4; (2) Be consistent with the mock–up PLAN NOW Starter Kit materials detailed in recommendation number 4; and (3) Include contact information, including websites and phone numbers, for organizations that a State resident may contact for assistance with long–term care family planning. (c) The Department shall: (1) Make the materials published under this section available in English, Spanish, and any other language, as the Department determines is necessary; and (2) Ensure that the materials published under this section are understandable to individuals with limited literacy skills.

Md. Code, Health - General § 20-2201

§20–2201. IN EFFECT // EFFECTIVE UNTIL JUNE 30, 2026 PER CHAPTER 679 OF 2022 // (a) In this subtitle the following words have the meanings indicated. (b) “Hub” means the Consumer Health Information Hub. (c) “Plain language” means language that is clear, concise, well–organized, and complies with other best practices appropriate to the subject or field and intended audience. (d) (1) “Public communication” means a document that: (i) Is necessary for obtaining a government benefit or service; (ii) Provides information about a government benefit or service; or (iii) Explains to the public how to comply with a requirement that the government administers or enforces. (2) “Public communication” includes a letter, a publication, a form, a notice, or an instruction. (3) “Public communication” does not include a regulation.

Md. Code, Health - General § 20-2202

§20–2202. IN EFFECT // EFFECTIVE UNTIL JUNE 30, 2026 PER CHAPTER 679 OF 2022 // The General Assembly finds that health literacy is: (1) Part of the State’s critical public health and health systems infrastructure; and (2) An essential contributor to health equity.

Md. Code, Health - General § 20-2203

§20–2203. IN EFFECT // EFFECTIVE UNTIL JUNE 30, 2026 PER CHAPTER 679 OF 2022 // State and local agencies shall use plain language in public communications about health, health insurance, safety, and social services benefits.

Md. Code, Health - General § 20-2204

§20–2204. IN EFFECT // EFFECTIVE UNTIL JUNE 30, 2026 PER CHAPTER 679 OF 2022 // (a) The University of Maryland Herschel S. Horowitz Center for Health Literacy is designated as the State’s Consumer Health Information Hub. (b) The purpose of the Hub is to promote and ensure public access to accurate, consistent, evidence–based, plain–language information in preferred languages to inform decisions about health, safety, and social services benefits. (c) The Hub shall: (1) Protect and promote public health by engaging with State and local government agencies, health systems, nonprofit and community–based organizations, and other entities to carry out the Hub’s purpose and duties under this subtitle; (2) Establish and promote health literacy criteria, certifications, and best practices that advance the effectiveness of the State’s health care system; (3) Identify health literacy challenges and provide recommendations to agencies and organizations on how to address the challenges, including by improving programs and materials to provide the public with access to plain–language health, safety, and social services benefits information; (4) Monitor and report on the use of health literacy and plain–language initiatives and support public reporting of vital public health information, including health care quality reports from the Maryland Health Care Commission; and (5) Support the identification and ongoing training of health literacy officers in State and local agencies. (d) For fiscal year 2024 and each fiscal year thereafter, the Governor shall include in the annual budget bill an appropriation of $350,000 to the Hub. (e) On or before July 1 each year, beginning in 2024, the Hub shall submit a report to the Senate Finance Committee and the House Health and Government Operations Committee, in accordance with § 2–1257 of the State Government Article, on the implementation of this subtitle, including the status of statewide health literacy efforts and materials provided.

Md. Code, Health - General § 20-2205

§20–2205. IN EFFECT // EFFECTIVE UNTIL JUNE 30, 2026 PER CHAPTER 679 OF 2022 // (a) The Hub shall facilitate consistent State and local government use of health literacy and plain–language criteria, which may include by: (1) Identifying vendors of health information products that adopt the Hub’s health literacy criteria; (2) Offering a health literacy review of sources of public information or public media regarding health, safety, and social services benefits information; (3) Publishing templates that aid the development of plain–language health information materials; and (4) Publishing templates and model language for use by State agencies and local government agencies for awarding grants and contracts to ensure that recipients: (i) Address health literacy issues in their proposals and workplans; and (ii) Refrain from creating additional health literacy barriers. (b) The Hub shall support workforce development, which may include by: (1) Offering or recommending educational sessions on health literacy for health professionals and individuals who develop health, safety, and social services benefits information for the public; and (2) Providing educational and age–appropriate resources that teach students health literacy and health literacy skills for primary and secondary schools and institutions of higher education. (c) The Hub shall assist programs and organizations to promote community health literacy, which may include by: (1) Offering Hub assessments of programs and organizations to identify barriers to public access of health, safety, and social services benefits information and services; and (2) Assisting entities with providing consumers with plain–language health information and referral and support services in a consumer’s preferred language. (d) In carrying out this section, the Hub may collaborate with entities that directly educate the public, including education institutions, libraries, and consumer referral services.

Md. Code, Health - General § 20-2206

§20–2206. IN EFFECT // EFFECTIVE UNTIL JUNE 30, 2026 PER CHAPTER 679 OF 2022 // (a) The Hub shall develop and publish criteria for evaluating whether media or a media campaign follows best practices for the promotion of health literacy. (b) (1) If a person submits its media or media campaign to the Hub for review, the Hub shall use the criteria developed under subsection (a) of this section to evaluate whether the media or media campaign follows best practices for the promotion of health literacy. (2) The Department and the Hub shall encourage persons that promote public health, health education, or health awareness to submit media for evaluation by the Hub under this section. (c) When awarding grants, the Department and local health departments shall give special consideration, in a manner determined to be appropriate by the department awarding the grant, to entities that are designated by the Hub to meet health literacy criteria under subsection (b) of this section.

Md. Code, Health - General § 20-2207

§20–2207. IN EFFECT // EFFECTIVE UNTIL JUNE 30, 2026 PER CHAPTER 679 OF 2022 // (a) Alleged compliance or noncompliance with a provision of this subtitle is not subject to judicial review. (b) This subtitle does not create or authorize a right enforceable by administrative or judicial action.

Md. Code, Health - General § 20-2208

§20–2208. IN EFFECT // EFFECTIVE UNTIL JUNE 30, 2026 PER CHAPTER 679 OF 2022 // The Department shall adopt regulations to carry out this subtitle.

Md. Code, Health - General § 20-2301

(a) In this section, “plain language” means language that is clear, concise, and well–organized and complies with other best practices, including generally accepted guidelines regarding compliance with the federal Plain Writing Act of 2010, appropriate to the subject or field and intended audience. (b) The Department shall: (1) Create and distribute to dental practices plain language materials regarding: (i) The importance of regular dental appointments for an individual’s overall health; and (ii) Various dental procedures, as determined by the Department; and (2) Encourage dentists and dental hygienists to distribute the plain language materials created in accordance with item (1) of this subsection to their patients.

Md. Code, Health - General § 20-2401

§20–2401. IN EFFECT // EFFECTIVE UNTIL JUNE 30, 2027 PER CHAPTER 844 OF 2024 // In this subtitle, “Commission” means the Maryland Emergency Department Wait Time Reduction Commission.

Md. Code, Health - General § 20-2402

§20–2402. IN EFFECT // EFFECTIVE UNTIL JUNE 30, 2027 PER CHAPTER 844 OF 2024 // (a) (1) There is a Maryland Emergency Department Wait Time Reduction Commission. (2) The purpose of the Commission is to address factors throughout the health care system that contribute to increased emergency department wait times. (b) The Commission consists of the following members: (1) The Secretary, or the Secretary’s designee; (2) The Executive Director of the Maryland Institute for Emergency Medical Services Systems, or the Executive Director’s designee; (3) The Executive Director of the Health Services Cost Review Commission, or the Executive Director’s designee; (4) The Executive Director of the Maryland Health Care Commission, or the Executive Director’s designee; and (5) The following members, appointed by the Secretary: (i) Two individuals who have operations leadership responsibilities over a hospital emergency department in the State, including one emergency department physician; (ii) One individual with professional experience in an emergency department who is not a physician or an advanced practice provider, such as a nurse or care manager; (iii) One representative of a local emergency medical service; (iv) One representative of a managed care plan with experience in care management or care coordination; (v) One representative of an advanced primary care practice; (vi) One representative of the Maryland Hospital Association; (vii) One representative of a patient advocacy organization; and (viii) One representative of a behavioral health provider. (c) The Secretary of Health and the Executive Director of the Health Services Cost Review Commission shall cochair the Commission. (d) The Health Services Cost Review Commission shall provide staff for the Commission. (e) A member of the Commission: (1) May not receive compensation as a member of the Commission; but (2) Is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.

Md. Code, Health - General § 20-2403

§20–2403. IN EFFECT // EFFECTIVE UNTIL JUNE 30, 2027 PER CHAPTER 844 OF 2024 // The Commission shall develop strategies and initiatives to recommend to State and local agencies, hospitals, and health care providers to reduce emergency department wait times, including: (1) Initiatives that: (i) Ensure that patients are seen in the most appropriate setting to reduce unnecessary use of emergency departments; (ii) Improve hospital efficiency, including by increasing emergency department and inpatient throughput; and (iii) Improve postdischarge resources to facilitate timely emergency department and inpatient discharges; (2) By identifying and recommending improvements for the collection and submission of data that is necessary to monitor and reduce emergency department wait times; (3) By making recommendations to State and local agencies, hospitals, and health care providers; and (4) By facilitating the sharing of best practices for reducing emergency department wait times.

Md. Code, Health - General § 20-2404

§20–2404. IN EFFECT // EFFECTIVE UNTIL JUNE 30, 2027 PER CHAPTER 844 OF 2024 // In carrying out its duties, the Commission may: (1) Recommend that State and local agencies, hospitals, and health care providers implement the strategies and initiatives developed under § 20–2403 of this subtitle; (2) Request interviews with State and local officials; (3) Request data from: (i) The Department; (ii) The Maryland Institute for Emergency Medical Services Systems; (iii) The Health Services Cost Review Commission; (iv) The Maryland Health Care Commission; (v) The State–designated health information exchange; (vi) Hospitals in the State; (vii) Other providers of health care services; and (viii) Payors for health care services; and (4) Create advisory workgroups that do not include members of the Commission.

Md. Code, Health - General § 20-2405

§20–2405. IN EFFECT // EFFECTIVE UNTIL JUNE 30, 2027 PER CHAPTER 844 OF 2024 // (a) Except as provided in subsection (b) of this section, an entity that receives a request for data under § 20–2404 of this subtitle shall: (1) For data that does not contain personally identifiable information, promptly transmit the data to the staff of the Commission provided by the Health Services Cost Review Commission; and (2) For data that contains personally identifiable information: (i) Promptly enter into an appropriate data sharing and use agreement with the Health Services Cost Review Commission; and (ii) On the approval of an appropriate agreement by the parties, promptly transmit the data, through a secure and encrypted manner, to the staff of the Commission provided by the Health Services Cost Review Commission. (b) If an entity that receives a data request under § 20–2404 of this subtitle is prohibited from sharing the data under federal law, the Commission may not require the submission of the data. (c) The Commission may use personally identifiable information requested under § 20–2404 of this subtitle only for the purpose of meeting the requirements of § 20–2403 of this subtitle and completing the reports required under § 20–2406 of this subtitle. (d) Personally identifiable information submitted under subsection (a)(2) of this section may not be shared with: (1) A member of the Commission who is not an employee of the Health Services Cost Review Commission; or (2) Any other person that is not a party to the data sharing and use agreement for the information. (e) Commission staff shall: (1) Analyze personally identifiable information shared with the Commission staff; and (2) Share the findings of the analysis with the members of the Commission in a manner that does not reveal personally identifiable information.

Md. Code, Health - General § 20-2406

§20–2406. IN EFFECT // EFFECTIVE UNTIL JUNE 30, 2027 PER CHAPTER 844 OF 2024 // On or before November 1 each year, beginning in 2025, the Commission shall submit to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly a report on its activities and its findings and recommendations, including an update on the development, implementation, and impact of the recommended policies and programs developed to improve emergency department wait times.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://mgaleg.maryland.gov/mgawebsite/Laws/StatutesFetched: 10/16/2026

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