Md. Code, Human Services, Title 5

Md. Code, Human Services, Title 5
in effect

Md. Code, Human Services § 5-5A-01

(a) In this subtitle the following words have the meanings indicated. (b) “Energy emergency” means a lack of fuel or the imminent discontinuation of energy services supplied by a fuel vendor or utility vendor that will endanger health, safety, or welfare. (c) “Fuel vendor” means a person that distributes, transports, produces, or offers for sale coal products, fuel oil, kerosene, bottled gas, propane, or wood for fuel use or consumption in the State. (d) “Office” means the Office of Home Energy Programs. (e) “Program” means the Energy Assistance Program. (f) “Utility vendor” means a person that distributes, transports, or produces natural gas or electricity for use or consumption in the State.

Md. Code, Human Services § 5-5A-04

(a) The Office may employ a staff. (b) Except as otherwise provided by law, the employees of the Office are subject to the State Personnel and Pensions Article.

Md. Code, Human Services § 5-5A-05

The Office exercises its authority, duties, and functions under any State law subject to the authority of the Secretary under any State law.

Md. Code, Human Services § 5-5A-06

(a) (1) The Office shall maintain liaison with: (i) the United States Department of Health and Human Services; (ii) local government units concerned with energy programs; (iii) citizens’ groups; (iv) utility vendors and major fuel vendors in the State; and (v) any other state, federal, and local units. (2) The Office shall: (i) consult with and advise the local entities described in paragraph (1) of this subsection regarding their energy assistance programs; (ii) work at all levels of government to carry out this subtitle; and (iii) consult with all utility vendors and major fuel vendors in the State when developing and implementing the Program. (b) The Office shall: (1) collect and assemble information relating to energy assistance available from other units of the State and federal governments; (2) disseminate information to further energy assistance; (3) identify all utility vendors and major fuel vendors in the State and attempt to obtain their voluntary cooperation with the Program; (4) establish and maintain a State information service that utilizes a toll–free telephone number to provide the public with information about the Program and the location of the nearest local energy assistance office; and (5) establish a mechanism for monitoring the effectiveness of the Program to determine whether eligible households are aware of and have access to a local energy assistance office. (c) (1) Consistent with this subtitle and other applicable laws, the Office may enter into contracts or assume any other function necessary to carry out this subtitle. (2) The Office may enter into contracts for any study or research activity that is necessary and proper.

Md. Code, Human Services § 5-5A-07

(a) (1) The Office shall: (i) carry out an energy emergency crisis intervention program to prevent low–income households, including the near poor, the elderly, households with children, and those on fixed incomes from experiencing danger to health or survival as a result of an energy emergency; (ii) establish intake procedures for those experiencing an energy emergency; (iii) establish guidelines for the income and program eligibility of applicants; and (iv) identify local public or private agencies to administer the crisis intervention program. (2) (i) The Office shall make payments to fuel vendors and utility vendors that have provided service to persons qualifying for the crisis intervention program. (ii) The amount of assistance shall be based on need. (b) (1) The Office shall carry out one or more fuel and utility assistance programs to make payments on behalf of qualified households to defray fuel and utility costs. (2) (i) The Office shall determine program and income eligibility guidelines. (ii) The Office shall enroll in any fuel and utility assistance program any household with an individual who meets the financial eligibility requirements established by the Department for a recipient of: 1. the Supplemental Nutrition Assistance Program; 2. Temporary Assistance for Needy Families; 3. Supplemental Security Income; or 4. means–tested Veterans Affairs benefits. (3) The amount of assistance shall be based on need.

Md. Code, Human Services § 5-5A-08

(a) (1) In this section the following words have the meanings indicated. (2) “CMN Program” means the Critical Medical Needs Program established under this section. (3) “Critical medically vulnerable individual” means an individual who: (i) has a severe health condition that will be aggravated due to the termination or noncontinuation of electric or gas service or needs the use of life–support equipment as documented and certified in accordance with regulations on a certification of serious illness or life support form submitted to the appropriate electric or gas company; (ii) has or will have their electric or gas service terminated for nonpayment; and (iii) is unable to complete the energy assistance applications under available energy assistance programs, including energy efficiency programs offered by the Department of Housing and Community Development. (4) “Navigator” means a representative from a medical facility or from a public or private assistance agency or organization who: (i) is in personal contact with a critical medically vulnerable individual; and (ii) assists the critical medically vulnerable individual in the energy assistance application process. (b) (1) There is a CMN Program in the Office. (2) The Office shall implement and administer the CMN Program. (3) In administering the CMN Program, the Office shall partner with the Office of People’s Counsel, the Fuel Fund of Central Maryland, the Cancer Support Foundation, electric and gas companies, nonprofit organizations, other State agencies, the health care community, and any other organization that the Office determines appropriate. (4) The purpose of the CMN Program is to reduce the barriers to the energy assistance application process for critical medically vulnerable individuals and their households in obtaining State and federal financial assistance for their electric, gas, or other energy source bills so that their electric, gas, or other energy source service continues or is restored. (c) (1) The CMN Program shall facilitate assistance to critical medically vulnerable individuals and their households in obtaining State and federal financial assistance for their electric, gas, or other energy source bills through navigators. (2) The Office shall determine qualifications and establish training requirements for navigators. (3) The Office shall train navigators or facilitate the training of navigators by others. (d) In accordance with the requirements set forth in the Code of Maryland Regulations, the Office shall work with electric and gas companies to implement, for critical medically vulnerable individuals: (1) a medical hold on electric or gas service or an expedited process to grant the extension of electric or gas service for those who will have their electric or gas services terminated; and (2) an expedited process for the restoration of electric or gas service for those who have had their electric or gas service terminated. (e) If a critical medically vulnerable individual is at least 60 years old and assisted by a navigator when applying to participate in the CMN Program, the Office shall allow the individual 90 days after applying for assistance to provide certification from a medical provider of the severe health condition. (f) The Office shall establish a tracking system of the status of critical medically vulnerable individuals who participate in the CMN Program. (g) The Department shall adopt regulations to implement this section.

Md. Code, Human Services § 5-5A-09

(a) (1) The Office shall develop a uniform redetermination process to assist eligible energy customers who are at least 65 years old in enrolling in energy assistance programs. (2) The redetermination process developed under paragraph (1) of this subsection shall be updated annually. (b) The redetermination process shall require local administering agencies to: (1) have an accessible location to receive eligible energy customers’ applications according to the Office’s contractual or program requirements; and (2) establish a policy reflecting reasonable accommodations for applicants who are homebound or request accommodation, including by: (i) arranging for a home visit; or (ii) allowing an individual to apply on the behalf of an eligible energy customer. (c) The Office shall provide notice of the redetermination process to all eligible energy customers and include with the notice an addressed envelope with prepaid postage. (d) In addition to the notice required under subsection (c) of this section, the Office shall: (1) require yearly verification of status for each customer that qualifies for the redetermination process; (2) allow an eligible energy customer 45 days to respond to a request for additional information; and (3) maintain records organized by county, including records on the number of households during the previous year: (i) that were eligible for redetermination; (ii) whose notice of the redetermination process was verified and returned; and (iii) that were reenrolled in the redetermination process. (e) The Office may not require a new application for a current energy customer whose eligibility has not changed from the previous year. (f) On or before December 1 each year, the Office shall report, in accordance with § 2–1257 of the State Government Article, to the General Assembly on the information collected under subsection (d)(3) of this section. (g) The Department shall adopt regulations to implement this section.

Md. Code, Human Services § 5-5B-01

(a) In this subtitle the following words have the meanings indicated. (b) “Applicant” means an individual who applies for assistance under this subtitle. (c) “Assistance” means cash payments made to a recipient. (d) “Eligibility period” means the period of time an individual is eligible for assistance under this subtitle. (e) “Impairment” means a medically verified mental or physical condition that renders an individual unable to work at any occupation. (f) “Program” means the Temporary Disability Assistance Program. (g) “Recipient” means an individual who receives, or has received, assistance under this subtitle.

Md. Code, Human Services § 5-5B-02

(a) There is a State–funded Temporary Disability Assistance Program in the Department. (b) The primary purpose of the Program is to provide assistance to low–income disabled adults who are ineligible for other categories of assistance. (c) The Program shall be: (1) in effect in each county; and (2) administered by the local departments in accordance with regulations that the Administration adopts.

Md. Code, Human Services § 5-5B-03

Subject to § 5–5B–04 of this subtitle, an applicant is entitled to assistance under this subtitle if the applicant is: (1) a citizen of the United States or a qualified alien as determined by the Administration; (2) a resident of the State and the jurisdiction served by the local department at the time of application; (3) unemployed; (4) not receiving any other means–tested cash assistance; and (5) determined, based on the medical form required under § 5–5B–05 of this subtitle, to have an impairment that is expected to last at least 3 months.

Md. Code, Human Services § 5-5B-04

(a) If an applicant has an impairment that is expected to last at least 12 months, the applicant shall: (1) pursue Supplemental Security Income; and (2) sign an interim payment reimbursement authorization that: (i) gives the Social Security Administration authority to mail the applicant’s payments to the Department or the local department; and (ii) authorizes the Department or local department to deduct from the payments an amount equal to the assistance granted the applicant under this subtitle. (b) A recipient who is otherwise eligible under this subtitle may not receive assistance for more than 9 months in a 36–month period, unless the recipient: (1) has been certified as medically disabled by a licensed health care provider on the medical form required under § 5–5B–05 of this subtitle; and (2) has a pending application for Supplemental Security Income that has not been withdrawn or finally denied.

Md. Code, Human Services § 5-5B-05

(a) An application for assistance under this subtitle shall be made: (1) to the local department of the county where the applicant resides; and (2) in the form and manner that the Administration requires. (b) An application for assistance under this subtitle shall include a medical form that: (1) contains the name and estimated duration of the applicant’s impairment; and (2) is signed by a licensed health care provider.

Md. Code, Human Services § 5-5B-06

(a) In determining whether an applicant qualifies for assistance under this subtitle, the local department shall evaluate whether the applicant meets the criteria listed under § 5–5B–03 of this subtitle. (b) The local department shall notify the applicant of its determination under subsection (a) of this section.

Md. Code, Human Services § 5-5B-07

(a) The local department shall determine an eligibility period for a recipient based on the estimated duration of the impairment indicated in the medical form required under § 5–5B–05 of this subtitle. (b) The eligibility period determined by the local department: (1) may be less than the estimated recovery time indicated on the medical form; and (2) may not exceed the estimated recovery time indicated on the medical form. (c) If a local department determines that a recipient’s eligibility period is at least 3 months, but less than 12 months, the recipient shall be eligible for assistance for not more than 9 months in a 36–month period. (d) (1) If the local department determines that a recipient is unlikely to recover in less than 12 months, the recipient shall be eligible for assistance for not more than 12 months if the recipient: (i) pursues Supplemental Security Income; and (ii) otherwise remains eligible for assistance under this subtitle. (2) The local department may establish additional eligibility periods, each not exceeding 12 months, if the recipient: (i) reapplies for assistance under this subtitle; (ii) maintains eligibility; and (iii) continues to pursue a Supplemental Security Income claim. (3) The local department shall adjust the eligibility period for a recipient to be not more than 9 months in a 36–month period if the recipient: (i) withdraws the recipient’s application for Supplemental Security Income; or (ii) is denied the Supplemental Security Income claim. (e) Unless a recipient reapplies for assistance and the local department establishes an additional eligibility period, a recipient’s eligibility for assistance under this subtitle will automatically end at the end of the eligibility period established by the local department. (f) If a recipient is eligible for any portion of a month, the recipient shall be eligible for the entire month.

Md. Code, Human Services § 5-5B-08

(a) The Governor shall provide sufficient funds in the budget to ensure that the value of the maximum monthly allowable assistance under the Program is equal to at least: (1) for fiscal year 2020, $215; (2) for fiscal year 2021, 74% of the monthly allowable benefit for a one–person household receiving temporary cash assistance through the Family Investment Program in fiscal year 2021; (3) for fiscal year 2022, 78% of the monthly allowable benefit for a one–person household receiving temporary cash assistance through the Family Investment Program in fiscal year 2022; (4) for fiscal year 2023, 82% of the monthly allowable benefit for a one–person household receiving temporary cash assistance through the Family Investment Program in fiscal year 2023; (5) for fiscal year 2024, 86% of the monthly allowable benefit for a one–person household receiving temporary cash assistance through the Family Investment Program in fiscal year 2024; (6) for fiscal year 2025, 90% of the monthly allowable benefit for a one–person household receiving temporary cash assistance through the Family Investment Program in fiscal year 2025; (7) for fiscal year 2026, 94% of the monthly allowable benefit for a one–person household receiving temporary cash assistance through the Family Investment Program in fiscal year 2026; and (8) for fiscal year 2027 and each year thereafter, 100% of the monthly allowable benefit for a one–person household receiving temporary cash assistance through the Family Investment Program for that fiscal year. (b) Assistance shall be paid to the applicant monthly.

Md. Code, Human Services § 5-5B-09

The Administration shall: (1) supervise the administration of the Program under this subtitle by the local departments; and (2) adopt regulations necessary or desirable to carry out this subtitle.

Md. Code, Human Services § 5-101

(a) In this title the following words have the meanings indicated. (b) “Administration” means the Family Investment Administration. (c) “Department” means the Department of Human Services. (d) “Executive Director” means the Executive Director of Family Investment. (e) “Local department” means: (1) a local department of social services created or continued in a county under § 3–201 of this article; or (2) in Montgomery County, the Montgomery County government. (f) “Local director” means the director of a local department. (g) “Secretary” means the Secretary of Human Services.

Md. Code, Human Services § 5-202

The Administration and the Executive Director exercise their authority, duties, and functions under any State law subject to the authority of the Secretary under any State law.

Md. Code, Human Services § 5-203

(a) The Executive Director is the head of the Administration. (b) With the approval of the Governor, the Secretary shall appoint the Executive Director. (c) The Executive Director serves at the pleasure of the Secretary. (d) The Executive Director is entitled to the compensation provided in the State budget.

Md. Code, Human Services § 5-204

(a) Subject to State and federal laws governing the administration of public assistance, the Executive Director shall: (1) organize and administer the Administration; (2) supervise the public assistance activities of the local departments; and (3) supervise other agencies and institutions under the supervision of the Administration. (b) (1) The Executive Director may prescribe the number and minimum qualifications of the personnel engaged in the administration of the activities of the Administration and of the local departments that are financed wholly or partly by the Administration. (2) (i) As provided in the State budget, the Executive Director may appoint the personnel required to properly perform the duties of the Administration. (ii) Except as otherwise provided, appointment and removal of all paid personnel under this title are subject to the provisions of the State Personnel and Pensions Article. (c) The Executive Director shall submit budget estimates for the Administration to the Secretary. (d) The Executive Director shall: (1) develop a comprehensive process to: (i) systematically analyze cash assistance payment errors; (ii) formulate strategies, including improvements in the eligibility determination process, to reduce the errors; and (iii) monitor implementation of the strategies; (2) require each local department to submit annual plans that contain measurable objectives, including objectives for participation in work activities, to meet the goals of the Family Investment Program; and (3) monitor the success of the local departments in achieving the objectives of the plans.

Md. Code, Human Services § 5-205

(a) The Administration shall be the central coordinating and directing agency of all public assistance programs in the State, including: (1) the Family Investment Program and related cash benefit programs; (2) public assistance to adults; (3) emergency assistance; (4) food stamps; (5) medical assistance eligibility determinations; (6) the Energy Assistance Program; (7) the Temporary Disability Assistance Program; (8) the federal Commodity Supplemental Food Program with funds and resources received from the United States Department of Agriculture under 7 C.F.R. 247; and (9) any other public assistance activities financed wholly or partly by the Administration. (b) The Administration shall supervise, direct, and control the activities of the local departments that it finances wholly or partly. (c) (1) The Administration may visit any State-aided institution, organization, or agency engaged in public assistance activities and inspect thoroughly its management, buildings, and equipment. (2) Visits and inspections under paragraph (1) of this subsection shall be made: (i) at reasonably convenient hours; and (ii) with reasonable regard for the established discipline, regulations, and customs of the institution, organization, or agency. (d) As desirable or necessary for the purpose of this title, the Administration may designate existing agencies or organizations in the State as the Administration’s agents. (e) Before the start of each regular session of the General Assembly, the Administration shall submit a report of its activities to the Governor.

Md. Code, Human Services § 5-206

The Department may develop and implement an automated statewide system and related administrative procedures to achieve effectively and efficiently the purposes of this title.

Md. Code, Human Services § 5-207

(a) Subject to § 2-209(b) of this article, the Executive Director may adopt regulations necessary to carry out the duties imposed on the Executive Director by law. (b) (1) The Executive Director shall adopt regulations covering the custody, use, and preservation of the records of the Administration and the local departments concerning applicants for and recipients of public assistance. (2) The use of the records of the Administration and the local departments by any other governmental unit shall be limited to the purposes for which the records are furnished. (c) (1) All regulations or directives implemented by the Executive Director that are based on federal law, rules, regulations, or guidelines shall have the federal material: (i) referenced in the text of the State material; or (ii) attached permanently to the State material. (2) The Department shall furnish to each of the local departments at least one up-to-date copy of all current federal regulations applicable to the operations of the local department.

Md. Code, Human Services § 5-301

(a) In this subtitle the following words have the meanings indicated. (b) “Community service” means a structured program with embedded activities in which individuals perform unpaid work: (1) for the direct benefit of the community; and (2) under the guidance and support of a public or nonprofit organization. (c) “FIP” means the Family Investment Program. (d) “Nonprofit organization” means a religious, charitable, or volunteer organization that is exempt from taxation under § 501(c) of the Internal Revenue Code. (e) “Recipient” means each individual in a FIP case. (f) “Temporary cash assistance” means the cash assistance component of the FIP that is funded wholly or partly through Title IV, Part A, of the Social Security Act. (g) “Third party payee” means: (1) an individual that the Department approves; (2) a nonprofit organization; (3) a for–profit organization; or (4) a governmental unit, including a local department. (h) “Transitional assistance” means assistance provided to a recipient whose temporary cash assistance has been terminated for noncompliance with FIP requirements. (i) “Work activity” means: (1) job search activity; (2) subsidized employment in either the public or private sector; (3) work experience; (4) on–the–job training; (5) community service; (6) training directly related to employment; or (7) education directly related to employment. (j) “Work experience” means unpaid work activity, performed in return for temporary cash assistance, that provides an individual with an opportunity to acquire the general skills, knowledge, and work habits necessary to obtain employment.

Md. Code, Human Services § 5-302

(a) There is a Family Investment Program in the Department. (b) The primary purpose of this subtitle is to support family efforts to achieve and maintain self-sufficiency through services and financial aid geared to individual family needs.

Md. Code, Human Services § 5-303

The Secretary shall: (1) implement a FIP that meets the requirements of this subtitle and federal law; (2) supervise the administration by local departments of the FIP under this subtitle; (3) cooperate with the federal government in matters of mutual concern pertaining to federal funding for the FIP; and (4) adopt regulations to carry out this subtitle.

Md. Code, Human Services § 5-304

(a) (1) In this section the following words have the meanings indicated. (2) “Children of current or former recipients” means minors who: (i) are at least 14 years old; and (ii) reside with current or former recipients of benefits. (3) “Former recipient” means an individual who received benefits under FIP in the past 5 years. (4) “Foster youth” means an individual who: (i) is an adult in out–of–home care under the responsibility of the State; or (ii) 1. is an adult under the age of 25 years; and 2. was in out–of–home care under the responsibility of the State on the individual’s 18th birthday. (5) “Obligor” has the meaning stated in § 10–101 of the Family Law Article. (b) (1) The Secretary of Budget and Management, with the assistance of the Secretary, shall develop and implement a plan for hiring current and former recipients, children of current or former recipients, foster youth, and obligors by the principal departments within the Executive Branch of State government. (2) For each principal department, the plan shall include: (i) the units that most easily could hire current and former recipients, children of current or former recipients, foster youth, and obligors; (ii) the positions most suitable for current and former recipients, children of current or former recipients, foster youth, and obligors; (iii) a proposal for recruiting current and former recipients, children of current or former recipients, foster youth, and obligors; (iv) job retention strategies; and (v) a target number of current and former recipients, children of current or former recipients, foster youth, and obligors to be recruited. (3) In consultation with the Secretary, the Secretary of Budget and Management shall report, subject to § 2–1257 of the State Government Article, to the Senate Finance Committee and the House Appropriations Committee of the General Assembly: (i) on or before January 1, 2010, on the development of the hiring plan for current and former recipients, children of current or former recipients, foster youth, and obligors; and (ii) on or before November 1 of each year, on the number of recipients, children of current or former recipients, foster youth, and obligors hired and retained by the principal departments within the Executive Branch of State government. (c) (1) Working with appropriate local government officials, the Secretary and each local director shall develop and implement a local government hiring plan under which local governments may hire current and former recipients, children of current or former recipients, foster youth, and obligors. (2) For each jurisdiction, the local government hiring plan shall include: (i) a list of the units that most easily could hire current and former recipients, children of current or former recipients, foster youth, and obligors; (ii) a list of the employment positions most suitable for current and former recipients, children of current or former recipients, foster youth, and obligors; (iii) proposals to recruit current and former recipients, children of current or former recipients, foster youth, and obligors; (iv) employment retention strategies; and (v) a target number of current and former recipients, children of current or former recipients, foster youth, and obligors to be recruited. (3) Each local director shall: (i) develop and submit the local government hiring plan in accordance with a schedule and format that the Secretary determines; (ii) implement in a timely manner the proposals and strategies in the local government hiring plan; (iii) achieve the target numbers in the local government hiring plan; and (iv) develop and submit reports to the Secretary in accordance with a schedule and format that the Secretary determines. (4) On or before November 1 of each year and in consultation with the Maryland Association of Counties, the Secretary shall report, subject to § 2–1257 of the State Government Article, to the Senate Finance Committee and the House Appropriations Committee of the General Assembly, on: (i) the development of the local government hiring plan; and (ii) the number of current and former recipients, children of current or former recipients, foster youth, and obligors hired and retained by local governments.

Md. Code, Human Services § 5-306

(a) In providing assistance under this subtitle, the Department may contract with: (1) charitable organizations; (2) private organizations; (3) religious organizations; and (4) institutions of higher education. (b) If the Department contracts with a State, local, or nongovernmental contractor, the contractor shall provide individuals with disabilities access and equal opportunity to participate in the benefits of the services, programs, and activities provided by the contractor in accordance with the federal Americans with Disabilities Act, including reasonable accommodations necessary to participate in FIP. (c) For any contract with a nongovernmental entity in place as of October 1, 2024, the Department annually shall review each contract to measure: (1) overall program impact, including the number of recipients enrolled in education or training programs that increase the recipient’s skill level; (2) interim progress toward employment for current recipients of temporary cash assistance, including the number of recipients earning an education credential or a skill–based certificate; (3) employment outcomes for families who left temporary cash assistance due to earnings, including the number of employment outcomes with wages that: (i) equal the State minimum wage; (ii) meet or exceed 150% of the State minimum wage; and (iii) meet or exceed 200% of the State minimum wage; and (4) the number of the recipients served experiencing homelessness or housing insecurity while participating in work activities. (d) Within 45 days after completion of the Department’s review under subsection (c) of this section, the Department shall: (1) in accordance with § 2–1257 of the State Government Article, submit the review to the Senate Budget and Taxation Committee and the House Appropriations Committee; and (2) publish the review on the Department’s website.

Md. Code, Human Services § 5-307

(a) Except as provided in subsection (b) of this section, a religious organization may participate in the FIP on the same basis as any other nongovernmental entity. (b) An individual may not be required to accept assistance from a religious organization if acceptance would violate the individual’s bona fide religious beliefs and practices. (c) An organization funded under the FIP may not discriminate on the basis of religion, religious belief, or refusal to participate in a religious practice with respect to any individual’s receipt of service under the FIP. (d) The Department shall provide all recipients with clear and timely notice of their rights under § 104(e) of the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996.

Md. Code, Human Services § 5-308

(a) (1) (i) In this subsection the following words have the meanings indicated. (ii) “Target work rate” means the rate established for the State by the U.S. Department of Health and Human Services based on the State’s caseload reduction credit under the federal Temporary Assistance for Needy Families program, 42 U.S.C. 22–601 et seq. (iii) “Work participation rate” means the federal work participation rate established by the U.S. Department of Health and Human Services under the federal Temporary Assistance for Needy Families program, 42 U.S.C. 22–601 et seq. (2) A family may be eligible for assistance under this subtitle only if the family includes: (i) a minor child who resides with a custodial parent or other adult caretaker who is a relative of the child; or (ii) a pregnant individual. (3) Assistance shall be provided to an applicant or recipient under this subtitle only if the applicant or recipient: (i) resides in the State at the time of application for assistance; (ii) if applicable: 1. has applied for child support services with the appropriate local child support enforcement office at the time of application for assistance; and 2. complies with the requirements of the local child support enforcement office; (iii) participates in work activity under this subtitle; and (iv) meets all other FIP requirements that the Secretary establishes by regulation. (4) Subject to paragraph (5) of this subsection, the Department shall allow an applicant or a recipient to meet the work activity requirement for a maximum of 24 months by engaging in: (i) a minimum of 20 hours per week of vocational education that leads to an associate degree, a diploma, or a certificate; or (ii) an average of at least 20 hours per week of education directly related to employment, which may include: 1. an adult basic education program; 2. an English as a second language program; or 3. a GED program. (5) If the work participation rate does not exceed the target work rate by 10% in any month, the Department, after providing at least 30 days prior notice to the Senate Finance Committee and the House Appropriations Committee, may suspend the application of paragraph (4) of this subsection to new applicants until the work participation rate exceeds the target work rate by 10% for 3 consecutive months. (6) The Department may require a work–eligible individual to participate in work activity for a maximum of: (i) 30 hours per week for an individual with a child at least 6 years old; (ii) 20 hours per week for a single parent or caretaker relative with a child under the age of 6 years; (iii) a combined average of 35 hours per week for a family with two work–eligible parents who do not receive federally funded child care assistance; or (iv) a combined average of 55 hours per week for a family with two work–eligible parents who receive federally funded child care assistance, provided that an adult in the family does not have a disability or is not caring for a child with a disability. (7) (i) A work–eligible individual may choose to participate in work activity for more than the required weekly hours under paragraph (6) of this subsection, up to a maximum of 40 hours per week, provided that working the additional hours does not violate the federal Fair Labor Standards Act. (ii) The Department may not reduce the temporary cash assistance of an individual, as provided in § 5–312(e)(1)(i) of this subtitle, if the individual is meeting the Department’s minimum work activity participation requirement and participating in work activity for less than 40 hours per week. (8) The Department shall accept verification of an individual’s work activity participation through multiple methods, including electronic submission. (b) (1) An individual may not be required to meet the work activity requirement under subsection (a)(3)(iii) of this section if the individual is exempt under criteria the Secretary establishes. (2) The criteria shall include exemptions for: (i) subject to paragraph (3) of this subsection, adults who are required to care for a child who is a recipient under the age of 1 year; (ii) subject to paragraph (4) of this subsection, adults and children who are recipients and who are severely disabled; and (iii) adults who have not received assistance for at least 6 months. (3) An exemption based on an adult’s requirement to care for a child who is a recipient under the age of 1 year may not be restricted to a maximum number of months in the adult’s lifetime. (4) An individual’s exemption because of severe disability is limited to 12 months unless: (i) the individual applies for Supplemental Security Income; and (ii) the application is approved, pending, or on appeal. (5) Assistance for an individual who qualifies for an exemption under this subsection but who voluntarily participates in a work activity may not be reduced or terminated as a result of the participation in the work activity. (c) (1) Assistance for an individual may not be reduced or terminated for noncompliance with the work activity requirement if the individual has good cause under the criteria established by the Secretary. (2) The criteria shall provide that any of the following are sufficient to show good cause: (i) temporary illness or incapacity; (ii) court–required appearances or temporary incarceration; (iii) domestic violence; (iv) a family crisis that threatens normal family functioning, including: 1. experiencing homelessness whereby a family: A. lacks a fixed, regular, and adequate nighttime residence, or shares the housing of other persons due to the loss of housing, economic hardship, or a similar reason; B. lives in a motel, hotel, trailer park, or camping ground due to a lack of alternative accommodations; C. lives in an emergency shelter or transitional housing; D. resides in a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings; or E. lives in a car park, public space, vacant or abandoned building, substandard housing, bus station, train station, or similar setting; 2. a housing crisis, including eviction, foreclosure, or other loss of housing; or 3. receiving a utility disconnection notice or having a utility disconnected; (v) a breakdown in transportation arrangements; (vi) a breakdown in child care arrangements or lack of child care for a child or children who are 12 years old or younger; (vii) for a single parent caring for a child younger than 6 years old who is unable to obtain child care: 1. the unavailability of appropriate child care within a reasonable distance from the parent’s home or work site; 2. the unavailability or unsuitability of informal child care by a relative or others; or 3. the unavailability or unsuitability of appropriate and affordable child care arrangements; (viii) a lack of supportive services identified and agreed on by an individual and a local department; or (ix) the failure of a local department to offer or provide a reasonable accommodation to an individual with a disability. (d) Subject to the State budget, a legal immigrant is entitled to assistance under this subtitle if the immigrant: (1) meets FIP eligibility requirements under this subtitle and any other requirements imposed by the State; and (2) (i) arrived in the United States before August 22, 1996; or (ii) arrived in the United States on or after August 22, 1996 and is not eligible for federally funded cash assistance.

Md. Code, Human Services § 5-308.1

§5–308.1. (a) The purpose of work experience is to improve the employability of individuals who cannot find unsubsidized full–time employment. (b) The Department may refer an individual to work experience for work activity if: (1) private sector employment is not available; (2) the maximum work experience placement for the individual does not exceed 90 days in a 3–year period; (3) the Department offers the individual at least three work activity options that include: (i) subject to subsection (c) of this section, only one work experience option; and (ii) at least one option that is work activity or a program funded by the federal Workforce Innovation and Opportunity Act; (4) the individual chooses the work experience for work activity; (5) the Department informs the individual that the individual may subsequently change to different work activity; and (6) the work experience provides skills that match the individual’s personal, career, and family goals to support economic mobility. (c) If the Department offers work experience as work activity, the Department may not offer community service as work activity. (d) If at any time the requirements of subsection (b) of this section are not met, an individual placed in work experience may request a transfer to different work activity.

Md. Code, Human Services § 5-308.2

§5–308.2. (a) The purpose of community service is to improve the employability of individuals who cannot find unsubsidized full–time employment. (b) Community service shall: (1) be limited to projects that service a useful community purpose in fields including health, social service, environmental protection, education, urban and rural development, welfare, recreation, public facilities, public safety, and child care; and (2) be supervised on an ongoing basis at least once each day in which the individual is scheduled to participate in the community service. (c) The Department may refer an individual to community service for work activity if: (1) private sector employment is not available; (2) the maximum community service placement for the individual does not exceed 90 days in a 3–year period; (3) the Department offers to the individual at least three work activity options that shall include: (i) subject to subsection (d) of this section, only one community service option; and (ii) at least one work activity option or a program funded by the federal Workforce Innovation and Opportunity Act; (4) the individual chooses the community service for work activity; (5) the Department informs the individual that the individual may subsequently change to different work activity; (6) the community service provides skills that match the individual’s personal, career, and family goals to support economic mobility; and (7) when making appropriate community service assignments, the Department has considered the individual’s prior training, experience, and skills. (d) If the Department offers community service as work activity, the Department may not offer work experience as work activity. (e) If at any time the requirements of subsection (c) of this section are not met, an individual placed in community service may request a transfer to different work activity.

Md. Code, Human Services § 5-309

(a) Except for an applicant or recipient who is a single child, the FIP shall include: (1) an assessment of each applicant or recipient that considers: (i) the reasons for applying for or continuing to rely on assistance; (ii) an evaluation of appropriate work activities based on educational level, literacy, health, mental or physical impairments, housing stability, child care needs, transportation needs, history of domestic or family violence, job skills and readiness, and interests; (iii) personal and family resources available to facilitate independence; and (iv) whether the applicant or recipient qualifies for an exemption or has good cause not to participate in a work activity; and (2) welfare avoidance grants that: (i) meet immediate needs so that an applicant or recipient can avoid temporary cash assistance; (ii) may be granted as the Department considers appropriate; (iii) may not cover the same type of immediate need met by a previous welfare avoidance grant unless the Department determines that the current immediate need is a new and verified emergency; (iv) do not exceed an amount of 3 months of temporary cash assistance, unless the Department determines there is a compelling need for an amount not exceeding 12 months; and (v) may not duplicate periods of temporary cash assistance. (b) Except for a recipient who is a single child, the FIP for a recipient shall include: (1) an agreement between the Department and the recipient that: (i) requires the recipient to cooperate with the child support enforcement agency to obtain support from a noncustodial parent; (ii) requires the recipient to comply with reasonable requests for cooperation by case management workers in seeking and using programs and community and family resources that may be available to the recipient; (iii) specifies the work activities in which the recipient will participate; (iv) specifies the supportive services that the local department will assist in providing and that are necessary for the recipient to meet the recipient’s obligations under the FIP; and (v) specifies the reasonable accommodations that a local department will provide to a recipient with a disability that are necessary for the recipient to meet the recipient’s obligations under the FIP; (2) supportive services activities, including child care, to the extent resources allow; (3) referral, as appropriate, to family planning counseling and services that: (i) are not offered or conducted in a manner that: 1. is coercive; 2. violates the recipient’s confidentiality; or 3. violates the recipient’s bona fide religious beliefs and practices; and (ii) give preference to eligible teen parents; and (4) temporary cash assistance, as a last resort. (c) Except for an applicant who is a single child, the FIP for an applicant shall include a child care voucher: (1) to the extent resources allow, if the applicant is required to participate in a work activity as a condition of eligibility; or (2) if providing child care eliminates the applicant’s need for cash assistance under the FIP. (d) For an applicant or recipient who is a single child, the FIP shall include: (1) referral to appropriate services; and (2) temporary cash assistance for the recipient, as a last resort. (e) To the extent resources allow, the FIP shall serve noncustodial parents who need employment services to pay child support obligations.

Md. Code, Human Services § 5-310

§5–310. ** CONTINGENCY – IN EFFECT – CHAPTER 229 OF 2002 ** (a) (1) For a recipient that is an assistance unit that includes adults and children or minor parents and children, the amount of assistance shall be designated as follows: (i) 75% for the child or children in the assistance unit; and (ii) 25% for the adult member or members, or minor parent or parents of the assistance unit. (2) For a recipient that is an assistance unit that includes only adults or a recipient who is a pregnant individual, 100% of the amount of assistance shall be designated for the adult member or members or the pregnant individual. (3) For applicants to the FIP, the amount of assistance shall be computed by counting no more than 4 weeks of earned income in any month and disregarding 20% of that earned income. (4) (i) Through fiscal year 2027, the first $100 of child support collected in a month for one child and the first $200 of child support collected in a month for two or more children shall pass through to the family and shall be disregarded in computing the amount of assistance. (ii) For fiscal year 2028, the greater of $100 of any child support collected in a month for one child and $200 of child support collected in a month for two or more children or 25% of any child support collected in a month shall pass through to the family and shall be disregarded in computing the amount of assistance. (iii) For fiscal year 2029, the greater of $100 of any child support collected in a month for one child and $200 of child support collected in a month for two or more children or 50% of any child support collected in a month shall pass through to the family and shall be disregarded in computing the amount of assistance. (iv) For fiscal year 2030, the greater of $100 of any child support collected in a month for one child and $200 of child support collected in a month for two or more children or 75% of any child support collected in a month shall pass through to the family and shall be disregarded in computing the amount of assistance. (v) For fiscal year 2031 and each fiscal year thereafter, any child support collected in a month shall pass through to the family and shall be disregarded in computing the amount of assistance. (5) For eligible recipients who obtain unsubsidized employment, the amount of assistance shall be computed by counting no more than 4 weeks of earned income in any month and disregarding 40% of that earned income. (b) A recipient who has established eligibility may not lose eligibility solely because one or more wage earners in the family unit works more than 100 hours per month. (c) Two–parent families shall be exempt from any requirement that the principal wage earner must have worked for a specified time before applying to the FIP. (d) (1) A child who is living with the child’s parent and a stepparent in a household in which the household income exceeds the State eligibility standard for assistance may receive assistance if: (i) the requirements of § 5–308 of this subtitle are met; and (ii) the parent and the child would be eligible for assistance, based on the income of the parent and that parent’s children. (2) The amount of assistance to be paid under paragraph (1) of this subsection shall be computed with regard to the income of the stepparent if the total income of the stepparent equals or exceeds 50% of the official poverty level, adjusted for family size, established under the federal Community Services Block Grant Act. (e) A dependent child over the age of 17 years is eligible for inclusion in the FIP grant if: (1) the child is a full–time student in secondary school or the equivalent; and (2) the education program is expected to be completed in the calendar year that the child attains the age of 19 years. §5–310. ** CONTINGENCY – NOT IN EFFECT – CHAPTER 229 OF 2002 ** (a) (1) For a recipient that is an assistance unit that includes adults and children or minor parents and children, the amount of assistance shall be designated as follows: (i) 75% for the child or children in the assistance unit; and (ii) 25% for the adult member or members, or minor parent or parents of the assistance unit. (2) For a recipient that is an assistance unit that includes only adults or a recipient who is a pregnant individual, 100% of the amount of assistance shall be designated for the adult member or members or the pregnant individual. (3) For applicants to the FIP, the amount of assistance shall be computed by counting no more than 4 weeks of earned income in any month and disregarding 20% of that earned income. (4) (i) Through fiscal year 2027, the first $100 of child support collected in a month for one child and the first $200 of child support collected in a month for two or more children shall pass through to the family and shall be disregarded in computing the amount of assistance. (ii) For fiscal year 2028, the greater of $100 of any child support collected in a month for one child and $200 of child support collected in a month for two or more children or 25% of any child support collected in a month shall pass through to the family and shall be disregarded in computing the amount of assistance. (iii) For fiscal year 2029, the greater of $100 of any child support collected in a month for one child and $200 of child support collected in a month for two or more children or 50% of any child support collected in a month shall pass through to the family and shall be disregarded in computing the amount of assistance. (iv) For fiscal year 2030, the greater of $100 of any child support collected in a month for one child and $200 of child support collected in a month for two or more children or 75% of any child support collected in a month shall pass through to the family and shall be disregarded in computing the amount of assistance. (v) For fiscal year 2031 and each fiscal year thereafter, any child support collected in a month shall pass through to the family and shall be disregarded in computing the amount of assistance. (5) For eligible recipients who obtain unsubsidized employment, the amount of assistance shall be computed by counting no more than 4 weeks of earned income in any month and disregarding 35% of that earned income. (b) A recipient who has established eligibility may not lose eligibility solely because one or more wage earners in the family unit works more than 100 hours per month. (c) Two–parent families shall be exempt from any requirement that the principal wage earner must have worked for a specified time before applying to the FIP. (d) (1) A child who is living with the child’s parent and a stepparent in a household in which the household income exceeds the State eligibility standard for assistance may receive assistance if: (i) the requirements of § 5–308 of this subtitle are met; and (ii) the parent and the child would be eligible for assistance, based on the income of the parent and that parent’s children. (2) The amount of assistance to be paid under paragraph (1) of this subsection shall be computed with regard to the income of the stepparent if the total income of the stepparent equals or exceeds 50% of the official poverty level, adjusted for family size, established under the federal Community Services Block Grant Act. (e) A dependent child over the age of 17 years is eligible for inclusion in the FIP grant if: (1) the child is a full–time student in secondary school or the equivalent; and (2) the education program is expected to be completed in the calendar year that the child attains the age of 19 years.

Md. Code, Human Services § 5-311

(a) All assistance granted under this subtitle is subject to periodic recertification. (b) At any time, the Department may cancel, suspend, or revoke assistance if: (1) the recipient’s circumstances have altered sufficiently to warrant cancellation, suspension, or revocation; or (2) the recipient has failed to comply with FIP requirements.

Md. Code, Human Services § 5-312

(a) This section is not intended to create an incentive for individuals to seek temporary cash assistance benefits instead of employment. (b) A local department shall provide temporary cash assistance to an applicant or recipient only if: (1) the applicant or recipient meets the requirements for participation in the FIP set forth in § 5–308 of this subtitle; (2) the applicant or recipient assigns to the State all right, title, and interest in support, for the period that the family receives temporary cash assistance, from any other person that the applicant or recipient has on behalf of any intended or potential recipient for whom the applicant or recipient is applying for or receiving assistance; and (3) in the case of an applicant or recipient who is a minor parent, the applicant or recipient lives: (i) with a parent, legal guardian, custodian, or other adult relative who will be the payee of the minor parent; (ii) in an adult–supervised group living arrangement that provides a protective payee and: 1. there is no available parent, legal guardian, custodian, or other adult relative with whom the minor parent can live; 2. the minor parent or child would be subject to physical or emotional harm, sexual abuse, or neglect in the home of any available adult relative; or 3. a social service worker finds that living with any available adult relative would not be in the best interest of the minor parent or child; or (iii) independently, if a social service worker confirms that the physical safety or emotional health of the minor parent or child would otherwise be in jeopardy. (c) A recipient who meets the requirements of the FIP is entitled to temporary cash assistance benefits. (d) In determining the eligibility for and the amount of temporary cash assistance to be provided to an applicant or recipient who is a legal immigrant, the income and resources of the applicant or recipient shall include, for the period of time established by federal law, the income and resources of any sponsor who executed an affidavit of support in accordance with 8 U.S.C. § 1183a on behalf of the legal immigrant. (e) (1) (i) The local department shall impose a 30% reduction of the portion of a recipient’s grant amount designated for the adult member or members, minor parent or parents, or pregnant individual if an adult member, minor parent, or pregnant individual is found to be in noncompliance, without good cause, with FIP work activity requirements. (ii) The portion of the grant amount designated for the child or children of the assistance unit may not be reduced or terminated based on noncompliance by an adult member’s or minor parent’s noncompliance with FIP work activity requirements. (2) The local department shall impose a 25% reduction of the entire grant amount if an adult member or minor parent is found to be in noncompliance without adequate reason or good cause with child support requirements. (3) (i) If a recipient is found to be in noncompliance with FIP requirements, the local department shall provide a 30–day conciliation period for each instance of noncompliance. (ii) During the 30–day conciliation period, the case manager shall advise the recipient of the noncompliance, and help the recipient to comply by: 1. investigating the reasons for noncompliance, including by personally contacting the family of the recipient; 2. evaluating and preparing a written determination of whether the recipient qualifies for an exemption or good cause under § 5–308(b) or (c) of this subtitle; 3. sending the recipient a letter offering a conciliation conference; and 4. assisting the recipient in identifying and resolving any barriers to compliance. (4) The Secretary may not reduce or terminate temporary cash assistance to a family until 30 days after the day on which the first written notice of noncompliance was sent to the recipient. (5) For noncompliance with a FIP requirement, the full amount of temporary cash assistance shall resume on compliance with the FIP requirement. (6) If temporary cash assistance is reduced or terminated under this subsection, a recipient shall retain eligibility for medical assistance and food stamps, as long as the recipient meets the medical assistance and food stamp program requirements. (f) (1) After termination of temporary cash assistance under this section, a recipient may receive transitional assistance. (2) If a caseworker determines that transitional assistance is appropriate, the FIP benefit that would have been paid to the recipient shall be paid instead to a third party payee on behalf of the recipient for a period of up to 3 months. (3) The caseworker of a recipient, in conjunction with the recipient and subject to the approval of the Secretary, shall select a third party payee described in paragraph (2) of this subsection. (4) The third party payee shall provide transitional assistance to the recipient in one or more of the following forms: (i) counseling; (ii) housing; (iii) child care; (iv) household supplies and equipment; (v) direct assistance other than a cash payment; and (vi) any other noncash assistance that may be necessary to assist the recipient to make the transition from welfare. (5) A local department may pay an administrative fee to a third party payee to cover the administrative costs of the third party payee for providing the services described in paragraph (4) of this subsection. (6) The funds provided through transitional assistance may not be used to further sectarian religious instruction. (7) The Secretary shall adopt regulations specifying the selection criteria for third party payees under this subsection. (8) A recipient who has received transitional assistance may reapply for the FIP benefit and the benefit shall be furnished with reasonable promptness to all eligible individuals.

Md. Code, Human Services § 5-313

(a) Except as provided in subsection (b) of this section and in regulations that the Secretary adopts, a local department may not pay temporary cash assistance to: (1) a family that includes an adult who has received more than 60 cumulative months of temporary cash assistance funded wholly or partly by federal funds; or (2) a family that includes an adult who: (i) has received more than 24 cumulative months of temporary cash assistance funded wholly or partly by federal funds; and (ii) is not participating in a work activity. (b) The Secretary shall adopt regulations that establish: (1) standards and procedures under which a local department may exempt a family from the limitation under subsection (a)(1) of this section because of hardship; and (2) a separate State program that: (i) is funded entirely from State general funds that may be counted toward any federal maintenance of effort requirement; (ii) pays temporary cash assistance to a family that is exempted under item (1) of this subsection but cannot receive federal funds because of federal limitations; and (iii) is subject to all FIP requirements under this subtitle. (c) The provisions of this section are subject to federal law and regulation.

Md. Code, Human Services § 5-314

(a) In this section, “addictions specialist” means an addictions specialist who is located on-site at a local department. (b) (1) An addictions specialist shall assess the need of any adult or minor parent applicant or recipient for substance abuse treatment: (i) at the initial application for temporary cash assistance; or (ii) when considered appropriate by the FIP case manager of the local department. (2) The addictions specialist shall screen the applicant or recipient to expose potential barriers that the applicant or recipient may have in obtaining employment such as a substance abuse problem. (3) The addictions specialist shall inform each adult or minor parent applicant or recipient of the requirements of FIP regarding substance abuse treatment. (4) If the applicant or recipient does not complete the screening required under paragraph (2) of this subsection, the addictions specialist shall notify the FIP case manager. (c) (1) If the screening performed by the addictions specialist reveals that an applicant or recipient has a substance abuse problem, the addictions specialist shall: (i) conduct, or refer for, an assessment of the applicant’s or recipient’s substance abuse problem and, if appropriate, determine placement for treatment and related support services; (ii) refer the applicant or recipient for appropriate substance abuse treatment and related support services; (iii) obtain the signature of the applicant or recipient on a form consenting to the release of confidential substance abuse treatment information; (iv) forward the consent form to the appropriate substance abuse treatment provider; and (v) obtain any necessary treatment information from the substance abuse treatment provider. (2) (i) The substance abuse treatment provider shall notify the addictions specialist of the ongoing treatment status of the applicant or recipient. (ii) The addictions specialist shall notify the FIP case manager if an applicant or recipient: 1. fails to complete the assessment required under paragraph (1)(i) of this subsection; 2. fails to sign the consent form required under paragraph (1)(iii) of this subsection; 3. is referred for appropriate substance abuse treatment; 4. is awaiting the availability of appropriate treatment; 5. fails to enroll or maintain enrollment with an available substance treatment provider or to complete the treatment protocol; 6. is enrolled in a treatment program; or 7. successfully completes treatment. (iii) The addictions specialist shall also notify the FIP case manager regarding the ongoing treatment status of the applicant or recipient. (d) An adult or minor parent applicant or recipient who complies with the substance abuse treatment requirements of the FIP: (1) shall receive a full temporary cash assistance benefit as long as the applicant or recipient meets the other temporary cash assistance eligibility requirements; and (2) may be exempt from the work activity requirements for a period of time determined by the FIP case manager in consultation with the addictions specialist. (e) An adult or minor parent applicant or recipient is not in compliance with FIP requirements if the FIP case manager receives notice from the addictions specialist that the applicant or recipient: (1) fails to complete the screening or assessment required under subsections (b)(2) and (c)(1)(i) of this section; (2) fails to sign the consent form required under subsection (c)(1)(iii) of this section; or (3) is referred for appropriate and available substance abuse treatment by the addictions specialist but fails to enroll or to maintain active enrollment in the treatment program or complete the treatment protocol. (f) After the FIP case manager receives a notice under subsection (e) of this section, the local department shall: (1) send a denial notice to the adult or minor parent applicant that: (i) states: 1. that the applicant has not met FIP requirements; 2. the specific reason why the applicant is not eligible for FIP; and 3. that if the applicant fails to fulfill the requirements on or before the 30th work day after the application for temporary cash assistance was filed, the application is denied; and (ii) notifies the applicant of the applicant’s right to appeal and the procedures for filing an appeal; and (2) separately determine eligibility for medical assistance and food stamps. (g) After the FIP case manager receives a notice under subsection (e) of this section, the local department shall send a notice to the adult or minor parent recipient that: (1) identifies the recipient who is not in compliance with FIP requirements; (2) states the specific reason why that recipient is not in compliance with FIP requirements; and (3) states that 30 days after the date of the notice: (i) the temporary cash assistance benefits will be reduced by that increment in cash benefits attributable to the noncompliant recipient; and (ii) the remainder of the cash benefits for the child or children in the FIP case will be paid to a third party payee or a compliant adult recipient; and (4) notifies the recipient of the recipient’s right to appeal and the procedures for filing an appeal. (h) (1) The local department shall reduce the temporary cash assistance benefits of an adult or minor parent recipient and pay the remainder of the cash benefits to a third party payee or a compliant adult recipient as described in subsection (g) of this section, if: (i) the recipient fails to complete a substance use disorder screening or assessment by an addictions specialist, as required under subsections (b)(2) and (c)(1)(i) of this section; or (ii) the required screening and assessment or the results of any follow–up diagnostic testing or treatment reveal that the recipient has a substance use disorder and the recipient refuses to enroll or maintain enrollment in available and appropriate substance use disorder treatment. (2) The local department shall continue to make temporary cash assistance benefits payments to a third party payee or a compliant adult recipient until the local department receives notice from the addictions specialist that the recipient is actively enrolled, as defined by the Department, in the appropriate substance use disorder treatment indicated by the addictions specialist. (i) The local department may not deny an adult or minor parent applicant’s temporary cash assistance benefit or reduce an adult or minor parent recipient’s temporary cash assistance benefit as described under subsections (f) and (g) of this section, if the applicant or recipient: (1) receives the screening and assessment required under subsections (b)(2) and (c)(1)(i) of this section, and the screening and assessment or the results of any follow-up diagnostic testing or treatment reveal that the applicant or recipient is a substance abuser; and (2) agrees to participate in appropriate substance abuse treatment, as determined by the addictions specialist, but the appropriate substance abuse treatment is not available. (j) The denial or reduction of temporary cash assistance under this section does not affect an adult or minor parent applicant or recipient’s eligibility for medical assistance and food stamps, as long as the applicant or recipient meets the medical assistance and food stamp program requirements.

Md. Code, Human Services § 5-315

(a) Subsections (b) and (c) of this section are not intended to create an incentive for individuals to seek temporary cash assistance benefits instead of employment. (b) In determining a family’s eligibility for the FIP, the local department shall exclude Supplemental Security Income (SSI) benefits provided to an adult or child family member. (c) Except as limited by federal requirements, the level of temporary cash assistance, as determined by a local department, shall: (1) be determined with due regard to the available resources, necessary expenditures, and specific conditions of a family; and (2) be sufficient, when added to all other income and support available to the child, to provide a child with a reasonable subsistence compatible with decency and health. (d) A recipient who obtains employment remains eligible for medical assistance for up to 12 months after the date of employment.

Md. Code, Human Services § 5-316

(a) (1) Except as provided in paragraph (2) of this subsection, the Governor shall provide sufficient funds in the budget to: (i) ensure that the value of temporary cash assistance, combined with federal food stamps, is equal to at least: 1. for fiscal year 2021, 61% of the State minimum living level; and 2. for fiscal year 2022 and each fiscal year thereafter, 61.25% of the State minimum living level; and (ii) maintain the FIP at the level of the fiscal year 1997 appropriation. (2) The funds provided under this subsection may be less than the amount required under paragraph (1) of this subsection if the Governor reports to the General Assembly, in accordance with § 2–1257 of the State Government Article, on the reasons for the reduced funding for temporary cash assistance and food stamps. (3) This subsection does not limit the flexibility of local departments regarding the provision of services. (b) If the Secretary determines during the fiscal year that the funds available for the FIP are insufficient to make payments in accordance with the amount of assistance otherwise established by law, the Secretary shall: (1) provide for a uniform method of adjusting individual payments; and (2) submit emergency regulations, in accordance with Title 10, Subtitle 1 of the State Government Article, to implement the adjustment. (c) Effective July 1 of each year, the Department shall make available for reallocation within its budget any savings the Department anticipates from funds appropriated for the FIP during the current fiscal year as a result of: (1) caseload reductions; or (2) other reductions in the total amount of temporary cash assistance paid to recipients compared to the total amount of temporary cash assistance appropriated. (d) Except as provided in subsection (e)(1) of this section, savings made available for reallocation may be used for: (1) child care; (2) work activities; (3) welfare avoidance grants; (4) drug treatment for targeted recipients; (5) transportation; (6) emergency funds for applicants and recipients; (7) administration to the extent that additional administrative costs are required to effectively implement the FIP; or (8) any other direct service to applicants or recipients that the Secretary and the local department consider appropriate to further the purposes of this subtitle. (e) (1) Savings shall be made available for reallocation as follows: (i) 10% of the savings to the operating costs for one or more of the following: 1. demonstration projects established under § 5-317 of this subtitle; 2. second chance homes not subject to the restrictions of § 12 of Chapter 351 of the Acts of the General Assembly of 1996; or 3. demonstration projects to empirically evaluate strategies to reduce the incidence of nonmarital births in the State; (ii) 45% of the savings to local departments, in accordance with the savings achieved by each local department, for the purposes authorized under subsection (d) of this section; and (iii) 45% of the savings for the purposes authorized under subsection (d) of this section. (2) Notwithstanding § 7-302 of the State Finance and Procurement Article, any savings allocated under this subsection that remain unexpended at the end of a fiscal year may be carried over into the next fiscal year.

Md. Code, Human Services § 5-317

(a) (1) The Secretary shall establish demonstration projects through grants to: (i) nonprofit organizations; (ii) local education agencies; (iii) local management boards; (iv) local health departments; (v) religious organizations; and (vi) institutions of higher education. (2) The entities listed in paragraph (1) of this subsection shall jointly develop proposals for demonstration projects under this section with local departments. (3) At least one of the demonstration projects under this section shall be located in a county other than the two counties with the largest numbers of FIP recipients. (b) (1) The Secretary shall award grants for demonstration projects under this section through a competitive bid process that includes: (i) the issuance of a request for proposals; and (ii) the establishment of an evaluation panel to review competing proposals and to make a recommendation to the Secretary concerning which proposals have the greatest programmatic and financial merit. (2) (i) Not more than 50% of the funds allocated for demonstration projects under this section may be allocated to a single demonstration project. (ii) The funds allocated for demonstration projects under this section are incentive funds over and above any transfer of FIP benefits to a third party payee. (3) Funds allocable to demonstration projects under paragraph (2) of this subsection shall, if feasible, be used for demonstration projects in the counties that generated the savings reallocated to demonstration projects under § 5-316(e) of this subtitle. (4) When awarding grants under paragraph (1) of this subsection, the Secretary shall give priority in funding for at least 20% of the funds allocated to demonstration projects under this section to regional proposals from two or more counties in the State. (5) Funds allocated to demonstration projects under this section may not be used in the furtherance of sectarian religious instruction or worship. (c) In the request for proposals issued under subsection (b)(1)(i) of this section, the Secretary shall include requirements that: (1) applicants specify what goods or services, or both, they will provide to participants; and (2) each demonstration project: (i) complement the local department FIP Plan; and (ii) address specific, unmet local needs and barriers that prevent families from meeting the requirements of this subtitle. (d) In addition to the demonstration projects funded under subsection (b) of this section, the Secretary shall encourage and facilitate demonstration projects that are supported through: (1) the voluntary transfer of temporary cash assistance and food stamp benefits to the demonstration project; (2) the transfer of administrative costs from the local department; and (3) any nonstate funds available to the project.

Md. Code, Human Services § 5-318

(a) (1) In this section the following words have the meanings indicated. (2) “Children of current or former recipients” has the meaning stated in § 5–304 of this subtitle. (3) “Former recipient” has the meaning stated in § 5–304 of this subtitle. (4) “Foster youth” has the meaning stated in § 5–304 of this subtitle. (5) “Obligor” has the meaning stated in § 10–101 of the Family Law Article. (b) (1) In cooperation with the local directors, the Secretary shall establish a job skills enhancement program to provide newly employed current and former recipients, children of current or former recipients, foster youth, and obligors with training to: (i) enhance existing job–related skills; (ii) gain additional or alternative job skills; or (iii) learn interpersonal, communication, and other related skills. (2) The job skills enhancement program shall be established in at least three counties, one of which shall be located in Western Maryland, Southern Maryland, or the Eastern Shore. (c) The job skills enhancement program shall: (1) target unskilled and semiskilled former and current recipients, children of current or former recipients, foster youth, and obligors who are newly employed in entry–level positions that have limited potential for advancement beyond entry–level; or (2) target job training for former and current recipients, children of current or former recipients, foster youth, and obligors for employment in energy and environmental industries and construction, including: (i) the energy–efficient building, construction, and retrofits industries; (ii) the renewable electric power industry; (iii) the energy efficient and advanced drive train vehicle industry; (iv) the biofuels industry; (v) the deconstruction and materials use industries; (vi) the energy assessment industry serving the residential, commercial, or industrial sector; (vii) the manufacturing industry that produces sustainable products using environmentally sustainable processes and materials; (viii) the brownfields remediation industry; (ix) the state of the art septic upgrades and sewage treatment industry; (x) environmental restoration, including stream restoration, reforestation, invasive removal, and acid mine drainage; (xi) state of the art storm water installation and retrofits; (xii) agriculture conservation practices; (xiii) the green roof industry and green roof maintenance industry; and (xiv) sustainable landscaping. (d) (1) Participation in the job skills enhancement program shall be voluntary. (2) Individuals participating in the job skills enhancement program shall sign a training agreement with the local department. (e) To be eligible to participate in the job skills enhancement program, an individual shall: (1) (i) have been a recipient during the 36 months before beginning participation in the job skills enhancement program; or (ii) be a former recipient, a child of a current or former recipient, a foster youth, or obligor; (2) have been employed in entry–level employment for at least 6 months before beginning participation in the job skills enhancement program; (3) provide employer validation or other documentation of employment status; (4) have limited job skills; and (5) have limited opportunity for advancement in the individual’s current employment. (f) The local department shall contract for training services to be provided under the job skills enhancement program, as provided in § 5–306 of this subtitle. (g) (1) The local department may work with businesses to train and place current and former recipients, children of current or former recipients, foster youth, and obligors in positions that meet the requirements of paragraph (2) of this subsection. (2) Participating businesses shall: (i) provide employment with benefits paid to employees; (ii) provide employment that has a defined career path; (iii) demonstrate the active involvement and financial commitment of the business; and (iv) provide a match with cash or in–kind contributions on at least a one–to–one basis. (h) (1) At the discretion of the Secretary and in consultation with the local director, the job skills enhancement program shall be administered by the local department or through the State workforce development area system under the federal Workforce Innovation and Opportunity Act. (2) The Administrator of the program under paragraph (1) of this subsection shall: (i) manage each participant’s training plan; (ii) maintain a database of appropriate training vendors; and (iii) compile necessary fiscal reports on the job skills enhancement program. (i) In addition to any other funds available to fund the job skills enhancement program, the Secretary shall attempt to access funds available to the State under the American Recovery and Reinvestment Act and any other funds designed to reduce energy use and global warming emissions that would be available for job training in the industries listed under subsection (c)(2) of this section.

Md. Code, Human Services § 5-319

(a) In this section, “demonstration site” means a site that the Secretary selects in consultation with the local director. (b) The Secretary may establish a FIP demonstration site in not more than six jurisdictions. (c) Notwithstanding any other law, the local director shall appoint a director of the FIP established in a demonstration site who shall report directly to the local director. (d) Notwithstanding any other law, the Secretary has sole authority to approve demonstration site plans that will govern FIP functions in a demonstration site, including the authority to approve demonstration site plans that will: (1) assist families that have an employable parent toward a lasting exit from temporary cash assistance; (2) ensure that individuals and families receive appropriate benefits; (3) reduce errors in the administration of FIP; (4) place temporary cash assistance recipients in employment in which their earnings will likely increase; and (5) improve the types of employment and employment retention rates of existing and former recipients. (e) The local director shall: (1) develop a demonstration site plan for submittal to the Secretary for approval that will detail its: (i) programmatic structure, including any programmatic changes; (ii) organizational structure, including any organizational changes; (iii) pay incentive structure and criteria for the award of pay incentives; (iv) measurable performance criteria and how these relate to the incentive structure; and (v) target performance criteria; (2) implement the plan as approved; and (3) report to the Department on the progress achieved in the demonstration site. (f) The proper operation of the demonstration site and the achievement of the target performance criteria shall be an element of the local director’s performance evaluation. (g) The Secretary shall establish a performance incentive program to provide pay incentives for employees in a demonstration site. (h) The Secretary’s powers under this section shall be construed liberally.

Md. Code, Human Services § 5-320

(a) In cooperation with local directors, the Secretary shall establish a mentoring program for former recipients. (b) (1) The mentoring program may include FIP caseworkers in local departments who volunteer to be mentors. (2) The Department may contract with other entities under § 5-306 of this subtitle to acquire mentors for former recipients. (c) Mentoring may include: (1) providing assistance to resolve workplace problems; (2) providing workplace adjustment assistance; (3) job coaching; (4) providing assistance to develop life skills; (5) counseling and tutoring; and (6) any other activities that will help former recipients through the first months that they no longer receive temporary cash assistance. (d) To be eligible to participate in the mentoring program, an individual shall: (1) have been a recipient in the previous 6 months; (2) have been employed; and (3) have a demonstrated need and desire for assistance in acquiring and maintaining the skills necessary for a lasting exit from temporary cash assistance. (e) Program participation may not exceed 6 months. (f) The Secretary may arrange to provide pay or other types of incentives to employees who volunteer to mentor former recipients. (g) The Secretary’s powers under this section shall be construed liberally.

Md. Code, Human Services § 5-321

(a) Any assistance granted under this subtitle is subject to future amendment or repeal of this subtitle. (b) A recipient is not entitled to compensation if the recipient’s assistance is affected by amendment or repeal of this subtitle.

Md. Code, Human Services § 5-322

(a) On or before October 1 each year, the Department shall report to the General Assembly, in accordance with § 2–1257 of the State Government Article, the following information: (1) for the preceding year: (i) the number of recipients who engaged in vocational education or education directly related to employment; (ii) the number of recipients who completed vocational education or education directly related to employment; (iii) the number of recipients who obtained or maintained employment for 6 months, 12 months, 18 months, and 24 months after completing vocational education or education directly related to employment; and (iv) the average earnings of recipients who obtained or maintained employment for 6 months, 12 months, 18 months, and 24 months after completing vocational education or education directly related to employment; and (2) for the preceding fiscal year, the following information on work experience and community service work activity placements: (i) information on the work sites and the public, private, and nonprofit organizations that have engaged temporary cash assistance recipients in work experience and community service, including: 1. a list, organized by county, of all work sites in the State, including units of State, federal, and local government that have engaged temporary cash assistance recipients in work experience; 2. for each work site: A. the total number of work experience placements for the year; B. the position, job duties, number of hours, and market salary rate for the job being performed by the temporary cash assistance recipients engaged in work experience; and C. the number of temporary cash assistance recipients engaged in work experience who were hired by the work site for unsubsidized employment; and 3. a list, organized by county, of all public and nonprofit organizations in the State that have engaged temporary cash assistance recipients in community service; (ii) information, organized by the number, jurisdiction, race, ethnicity, age, and gender of individuals who participated in work experience and community service; and (iii) information on the employment outcomes of individuals who participated in work experience, including the number of individuals in work experience who were provided direct entry into a full–time job with a wage that: 1. equals or exceeds the State minimum wage; 2. equals or exceeds 150% of the State minimum wage; and 3. equals or exceeds 200% of the State minimum wage. (b) The information in the report required under subsection (a)(1) of this section shall be broken down by the types of vocational education or education programs in which the recipients engaged, including: (1) associate degree programs; (2) vocational education programs that do not lead to an associate degree; (3) postsecondary education programs that are not included in item (1) or (2) of this subsection; (4) adult basic education programs; (5) English as a second language programs; and (6) GED programs.

Md. Code, Human Services § 5-323

(a) The Department shall hire an outside consultant to conduct a review of FIP to assess the extent to which FIP is: (1) implementing policies equitably; and (2) employing best practices to achieve the best outcomes possible for children and their parents, including by considering that many FIP recipients are experiencing or have experienced significant trauma. (b) The consultant hired under this section shall demonstrate knowledge of the federal Temporary Assistance to Needy Families programs. (c) At a minimum, the review conducted under this section should include an assessment of the following: (1) program design, including core beliefs, goals, objectives, service delivery model, regulations, program rules, and performance measures; (2) contract design and execution, including: (i) payment structure; (ii) incentives; and (iii) service delivery approach and performance with a focus on placement in high–quality jobs with wages that meet or exceed 150% of the State minimum wage; (3) program outcomes that, to the extent practicable, are disaggregated by race and ethnicity; (4) an examination of how the State’s use of unpaid work experience compares to other states and alternative program options; (5) documentation of innovative and evidence–based practices being implemented in other states; and (6) all assessment tools used by the Department under § 5–309(a)(1) of this subtitle with a focus on recommending changes needed for the assessment to be conducted in a manner that is: (i) trauma–informed; (ii) antiracist; and (iii) individualized, empowering, and client–centered. (d) To receive meaningful input on FIP in accordance with the review conducted under this section, including recommendations on methods to strengthen FIP, the Department shall consult: (1) stakeholders, including current and former recipients; (2) community–based organizations; and (3) other interested parties. (e) The review conducted under this section shall: (1) include a summary of: (i) the strengths and weaknesses of FIP; (ii) recommendations for improving FIP; and (iii) any necessary legislative or administrative changes to make the improvements; and (2) (i) on or before October 1, 2024, in accordance with § 2–1257 of the State Government Article, be submitted to the General Assembly; and (ii) be published on the Department’s website. (f) Until the Department has fully implemented, to the extent practicable, the recommendations of the final review submitted under subsection (e) of this section, beginning in calendar year 2024 and each year thereafter, the Department shall report, in accordance with § 2–1257 of the State Government Article, to the Senate Finance Committee and the House Appropriations Committee on the plans and progress for implementing the recommendations made in the review.

Md. Code, Human Services § 5-401

(a) In this part the following words have the meanings indicated. (b) “Applicant” means an individual who applies for assistance under this part. (c) “Assistance” means: (1) cash payments to a recipient; and (2) payments necessary for supplementary services for a recipient, including: (i) the recipient’s funeral expenses as provided in § 5-415 of this subtitle; and (ii) placement of the recipient in a suitable home or institution if: 1. the recipient lacks a legal guardian or other person legally responsible for the recipient’s support; and 2. the recipient consents. (d) “Program” means the Public Assistance to Adults Program. (e) “Recipient” means an individual who receives, or has received, assistance under this part.

Md. Code, Human Services § 5-402

(a) There is a State funded Public Assistance to Adults Program in the Administration. (b) The Program shall be: (1) in effect in each county; and (2) administered by the local departments in accordance with regulations that the Administration adopts.

Md. Code, Human Services § 5-403

(a) A resident of the State is eligible for assistance under this part if the resident: (1) lacks sufficient income or benefits to maintain a reasonable subsistence compatible with decency and health; and (2) (i) is eligible for or receives cash benefits under Title XVI of the federal Social Security Act; or (ii) is aged, blind, or disabled as defined under Title XVI of the federal Social Security Act and, but for income, would receive cash benefits under that title. (b) An applicant may not assign or transfer property to establish eligibility for assistance under this part during the 3 years before: (1) filing an application for assistance; or (2) receiving assistance.

Md. Code, Human Services § 5-404

(a) An application for assistance under this part shall be made: (1) to the local department of the county where the applicant resides; and (2) in the form and manner that the Administration requires. (b) Whenever a local department receives an application for assistance under this part, the local department shall make a record of: (1) the circumstances of the applicant; (2) the facts supporting the application; and (3) any other information that the Administration requires by regulation.

Md. Code, Human Services § 5-405

(a) (1) The local department shall determine an amount of assistance that is sufficient, when added to all other income and support available to a recipient, to provide the recipient with a reasonable subsistence compatible with decency and health. (2) In determining the amount of assistance, the local department shall consider the recipient’s available resources and necessary expenditures and the conditions existing for the recipient. (b) In determining the amount of assistance, the local department shall consider support from children as a potential resource and evaluate the amount of the support and its availability to the recipient, in accordance with regulations that the Administration adopts.

Md. Code, Human Services § 5-406

(a) The local department shall: (1) determine: (i) whether an applicant is eligible for assistance under this part; and (ii) in accordance with regulations that the Administration adopts, the amount of the assistance and the date on which the assistance will begin; and (2) notify the applicant of its decision. (b) Assistance shall be paid to the applicant monthly or as the Administration otherwise determines. (c) If the funds available are insufficient to make payments in accordance with the amount of assistance established to be needed, the Administration shall adopt regulations to provide for a uniform method of adjusting individual payments.

Md. Code, Human Services § 5-407

(a) (1) Assistance granted under this part may not be transferred or assigned. (2) Assistance paid or payable under this part is not subject to: (i) execution; (ii) levy; (iii) attachment; (iv) garnishment; (v) other legal process; or (vi) the operation of any bankruptcy or insolvency law. (b) (1) The local department shall reconsider all assistance granted under this part as frequently as the regulations of the Administration require. (2) The amount of assistance may be changed or assistance may be canceled if, after any further investigation the local department considers necessary or the Administration requires, the local department or the Administration finds that the recipient’s circumstances have altered sufficiently to warrant the change or cancellation. (c) (1) A recipient shall notify the local department immediately if, while receiving assistance, the recipient receives property or income in excess of the amount stated in the application for assistance. (2) After an investigation, depending on the circumstances, the local department may: (i) cancel the assistance; or (ii) change the amount of assistance. (3) Assistance paid before the recipient received the property or income that exceeds the recipient’s need may be recovered by the local department as a debt due. (4) The net amount recovered shall be divided between the State and county in proportion to the amount of assistance paid by each. (d) (1) When a recipient dies: (i) the total amount of assistance paid under this part shall be allowed as a claim against the estate; and (ii) the net amount recovered shall be divided between the State and county in proportion to the amount of assistance paid by each. (2) The claim may not be enforced against real estate occupied by the recipient’s surviving spouse or dependents.

Md. Code, Human Services § 5-408

(a) An applicant or recipient may appeal to the Administration if the local department: (1) does not act on an application within a reasonable time; (2) denies an application wholly or partly; or (3) modifies or cancels a grant of assistance. (b) (1) The appeal shall be filed in the manner and form that the Administration requires. (2) The Administration shall give the applicant or recipient reasonable notice and an opportunity for a hearing on the appeal. (c) (1) On its own motion, the Administration may: (i) review any decision of a local department; and (ii) consider an application on which the local department has not made a decision within a reasonable time. (2) The Administration: (i) may make any additional investigation it considers necessary; and (ii) shall make any decision on the granting of assistance and the amount of assistance it considers justified in accordance with this part. (3) On request, the Administration shall give an applicant or recipient affected by a decision made under paragraph (2) of this subsection reasonable notice and an opportunity for a hearing. (d) (1) A decision of the Administration under this section is final and binding on the local department. (2) The local department shall comply with a decision of the Administration under this section.

Md. Code, Human Services § 5-409

The Administration shall: (1) supervise the administration of the Program under this part by the local departments; (2) adopt regulations necessary or desirable to carry out this part, including regulations to: (i) establish eligibility requirements and any other requirements not set forth in this part; and (ii) establish standards for the amount of assistance a recipient may receive under this part; (3) prescribe the form of and supply to the local departments any forms the Administration considers necessary and desirable; and (4) take any other action necessary or desirable to carry out this part.

Md. Code, Human Services § 5-410

Each local department shall: (1) administer this part in its county in accordance with the regulations the Administration adopts; and (2) report to the Administration as the Administration directs.

Md. Code, Human Services § 5-411

(a) Except in connection with a criminal proceeding brought under this part, a person may not charge or receive a fee from an applicant, recipient, or any other person: (1) with respect to an application under this part; or (2) to represent an applicant or recipient in any proceeding under this part. (b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500.

Md. Code, Human Services § 5-412

(a) Any assistance granted under this part is subject to future repeal or amendment of this part. (b) A recipient is not entitled to compensation if the recipient’s assistance is affected by repeal or amendment of this part.

Md. Code, Human Services § 5-415

(a) (1) A local department may pay the reasonable funeral expenses of a decedent who was a: (i) recipient of public assistance, including temporary cash assistance or public assistance to adults; or (ii) State resident receiving Supplemental Security Income under Title XVI of the Social Security Act. (2) The funeral expenses paid by the local department may not exceed $900. (b) A local department may not pay funeral expenses under this section unless: (1) each person legally responsible for the support of the decedent is unable to pay the expenses; and (2) other resources, including available death benefits of the estate, are insufficient to pay the expenses. (c) Payments provided in accordance with this section shall be charged to State funds.

Md. Code, Human Services § 5-501

(a) (1) The Department may implement a Supplemental Nutrition Assistance Program in accordance with the federal Supplemental Nutrition Assistance Program. (2) The Supplemental Nutrition Assistance Program shall include: (i) a Restaurant Meals Program in accordance with § 5–505 of this subtitle; and (ii) a Heat and Eat Program in accordance with § 5–506 of this subtitle. (b) The State shall bear the nonfederal portion of the administrative costs of the Supplemental Nutrition Assistance Program for each county. (c) Each local department shall administer the Supplemental Nutrition Assistance Program: (1) under the supervision and control of the Department; and (2) in accordance with the regulations of the Department and federal law. (d) If a household includes an individual who is at least 60 years old and receives a federally funded benefit in an amount less than $50 per month under the Supplemental Nutrition Assistance Program, the State shall provide a supplement to increase the total benefit to $50 per month.

Md. Code, Human Services § 5-501.1

§5–501.1. (a) In this section, “child” means an individual who is under the age of 19 years at any time during a calendar year. (b) (1) Subject to subsections (e) and (f) of this section, if a household includes an individual who receives a federally funded benefit under the food supplement program, the State shall provide matching funds to a county to supplement benefits received under § 5–501 of this subtitle for each child in the household. (2) For each child in the household, the combined State and county supplement under paragraph (1) of this subsection shall equal at least: (i) $30 per month in the months of June, July, and August; and (ii) $10 in the month of December. (c) (1) A supplement provided under subsection (b)(2)(i) of this section shall be added to the household food supplement program benefit account in June, July, and August. (2) A supplement provided under subsection (b)(2)(ii) of this section shall be added to the household food supplement program benefit account in December. (d) A household may not receive more than one supplement per child under subsection (b) of this section. (e) (1) (i) To receive funding in the following fiscal year for the supplements under subsection (b) of this section, a county shall submit an application to the Department on or before the date established by the Department. (ii) The application shall include the following information: 1. the number of program participants to be served; 2. the county’s commitment to conducting an evaluation to assess the effectiveness of the program; 3. certification of the availability of local share funds; and 4. any other relevant information required by the Department. (2) (i) On or before the date established by the Department, the Department shall notify each county that submitted a complete application of the amount of funding available in the next fiscal year for supplements under subsection (b) of this section. (ii) Receipt of available funding under subparagraph (i) of this paragraph is contingent on approval by the Department of a county’s final plan submitted in accordance with paragraph (3) of this subsection. (3) On or before the date established by the Department, a county that is notified of available funding shall submit a final plan to the Department that includes: (i) a communication plan, coordinated with the Department, to inform eligible families of the food supplement program and the supplements available under this section; (ii) if funding is not sufficient to provide a minimum supplement of $100 to all children in the county receiving food supplement program benefits in the fiscal year, a designation of which children will be eligible to receive the supplements under this section; (iii) the criteria used to determine eligibility under item (ii) of this paragraph; and (iv) an evaluation plan to measure: 1. the impact of the supplements on recipients; 2. food supplement program participation; and 3. any other relevant information required by the Department. (4) (i) The Department shall review a final plan submitted under paragraph (3) of this subsection and approve or reject the final plan. (ii) The Department shall notify a county of its decision under subparagraph (i) of this paragraph on or before April 1. (iii) If the Department rejects a county’s final plan, the county may submit a revised final plan for approval on or before April 15. (iv) If the Department approves a county’s final plan, the Department shall certify the amount of funding that will be provided for the county in the following fiscal year. (5) Each county with an approved final plan shall be awarded funding in accordance with subsection (f) of this section. (f) (1) The State and local shares of funding required for a county with an approved final plan shall be equal to the State and local share percentages established by the State and local cost–share formula for that county required under § 5–303(d)(3)(i) of the Education Article. (2) (i) Except as provided in subparagraph (ii) of this paragraph, in each fiscal year, the Department shall provide the State share of funds for each county with an approved final plan for the fiscal year in an amount equal to the product of: 1. the total amount of funds appropriated under subsection (g) of this section; and 2. the number of children in households that receive a federal benefit under the food supplement program in the county, divided by the total number of children in households that receive a federal benefit under the food supplement program in all counties with an approved final plan. (ii) The amount of funds provided to a county under subparagraph (i) of this paragraph may not be greater than the State share amount that corresponds to the maximum available local share funds certified under subsection (e)(1)(ii)3 of this section. (3) (i) A county may provide funding in addition to the funding required under paragraph (1) of this subsection to increase the number of supplements provided in the county. (ii) Funding provided by a county under subparagraph (i) of this paragraph may not affect the amount of funding the Department is required to provide under paragraph (2) of this subsection. (g) Subject to the State budget, the Department may use the funding the State is required to provide under subsection (b)(1) of this section to: (1) provide funds to a county to supplement benefits; and (2) offset administrative costs of the federal Summer Electronic Benefit Transfer Program.

Md. Code, Human Services § 5-502

Except as provided in § 5-503 of this subtitle, if any provision of this subtitle conflicts with any federal law, the federal law shall prevail.

Md. Code, Human Services § 5-503

Subject to the State budget, the Department shall provide food supplement benefits to a legal immigrant who: (1) is a minor; (2) is ineligible for federally funded Supplemental Nutrition Assistance Program benefits because of immigration status; (3) meets all other Supplemental Nutrition Assistance Program eligibility requirements; and (4) meets any other requirements of the State.

Md. Code, Human Services § 5-504

(a) A person may not sell or purchase Supplemental Nutrition Assistance Program benefits unless otherwise authorized by law. (b) A person may not knowingly buy or sell merchandise that has been purchased with Supplemental Nutrition Assistance Program benefits. (c) If the value of the money or goods involved is $1,000 or more, a person who violates this section is guilty of a felony and on conviction: (1) is subject to imprisonment not exceeding 5 years or a fine not exceeding $10,000 or both; and (2) shall make full restitution of the money or goods unlawfully received or perform community service, as determined by the court. (d) If the value of the money or goods involved is less than $1,000, a person who violates this section is guilty of a misdemeanor and on conviction: (1) is subject to imprisonment not exceeding 3 years or a fine not exceeding $1,000 or both; and (2) shall make full restitution of the money or goods unlawfully received or perform community service, as determined by the court.

Md. Code, Human Services § 5-505

(a) In this section, “RMP” means the Restaurant Meals Program. (b) (1) There is a Restaurant Meals Program within the Supplemental Nutrition Assistance Program in the Department. (2) The purpose of the RMP is to expand food access to individuals who: (i) do not have a place to store and cook food; (ii) may not be able to prepare food; or (iii) do not have access to a grocery store. (c) A household eligible under subsection (d) of this section to participate in the RMP may purchase hot prepared foods at participating restaurants using a Supplemental Nutrition Assistance Program benefit. (d) A household is eligible to participate in the RMP if the household is eligible to receive Supplemental Nutrition Assistance Program benefits under State and federal law, and the household: (1) lacks a fixed, regular, and adequate nighttime residence; (2) includes only individuals who are: (i) 60 years of age or older; or (ii) designated disabled by a government entity; (3) includes only an individual and the individual’s spouse if the individual is: (i) 60 years of age or older; or (ii) designated disabled by a government entity; or (4) includes only: (i) individuals who are 60 years of age or older; and (ii) individuals who are designated disabled by a government entity. (e) Before participating in the RMP, a restaurant shall: (1) submit an application and be approved under a process determined by the Department; (2) become a Supplemental Nutrition Assistance Program provider licensed by the U.S. Department of Agriculture; and (3) be able to process electronic benefit transaction card payments at the point of sale. (f) (1) Each local department shall administer the RMP as part of the Supplemental Nutrition Assistance Program authorized under § 5–501 of this subtitle, in accordance with federal law. (2) The Department shall adopt regulations: (i) to verify household eligibility for participation in the RMP; (ii) to establish eligibility standards, an application process, and an approval process for restaurants to participate in the RMP; and (iii) otherwise necessary to carry out this section.

Md. Code, Human Services § 5-506

(a) In this section, “standard utility allowance” means a Maryland Energy Assistance Program payment to a household that is at least $21 per year. (b) (1) There is a Heat and Eat Program within the Supplemental Nutrition Assistance Program in the Department. (2) The purpose of the Heat and Eat Program is to expand food access to households that are receiving or eligible for Supplemental Nutrition Assistance Program benefits. (c) (1) A household is eligible to participate in the Heat and Eat Program if the household is eligible to receive Supplemental Nutrition Assistance Program benefits under State and federal law. (2) In determining the eligibility of a household to receive Supplemental Nutrition Assistance Program benefits, the Department shall apply a standard utility allowance to the shelter deduction that is used for the purpose of determining countable gross income for Supplemental Nutrition Assistance Program eligibility. (d) The Department shall adopt regulations: (1) to verify household eligibility for participation in the Heat and Eat Program; and (2) otherwise necessary to carry out this section.

Md. Code, Human Services § 5-601

(a) In this section, “resident” means an individual who resides in this State on the date the individual applies for public assistance. (b) Subject to § 5–314 of this title and as authorized under 21 U.S.C. § 862a(d)(1), the State removes itself from the application of § 115 of the federal Personal Responsibility and Work Opportunity Act of 1996 to allow the Department to provide temporary cash assistance and food stamps to a resident who has been convicted of a felony involving the possession, use, or distribution of a controlled dangerous substance. (c) (1) Notwithstanding subsection (b) of this section, if a resident receiving temporary cash assistance or food stamps is found to be in violation of § 5–612 or § 5–613 of the Criminal Law Article, the resident is: (i) ineligible for temporary cash assistance or food stamps for 1 year after the date of the conviction; and (ii) subject to testing for substance abuse, as provided by the Department, and to treatment as required under § 5–314 of this title, for 2 years beginning on the later of: 1. the date the individual is released from incarceration; 2. the date the individual completes any term of probation; or 3. the date the individual completes any term of parole or mandatory supervision. (2) A recipient who fails to comply with the testing required under this subsection or the treatment required under § 5–314 of this title or who tests positive for the abuse of controlled dangerous substances is subject to the sanctions provided under § 5–314 of this title. (3) In consultation with the Maryland Department of Health, the Secretary shall adopt regulations to establish the testing methods and procedures, consistent with § 5–314 of this title, to be required by the Department under this subsection, including the intervals of testing and methods required.

Md. Code, Human Services § 5-602

Notwithstanding any other provision of law, the Administration, a local department, or any other unit may not decrease the monetary amount of assistance received by any recipient of public assistance before the implementation of a system of flat grant payments, solely as a result of the implementation of the system.

Md. Code, Human Services § 5-603

(a) (1) In this section the following words have the meanings indicated. (2) “Delinquent tenant” means a tenant of public housing who is 30 or more days delinquent in paying the tenant’s full monthly rent to a public housing authority. (3) “Public housing” means a dwelling unit owned, leased, or managed by a public housing authority. (4) “Public housing authority” means a public corporation created under Division II of the Housing and Community Development Article or the public corporation’s designee. (b) If a recipient of temporary cash assistance is a delinquent tenant, the Administration, at the request of the public housing authority, shall: (1) deduct the amount of the tenant’s rent from the tenant’s monthly assistance payments each month; (2) pay the amount deducted from the tenant’s monthly assistance payments to the public housing authority or the public housing authority’s authorized agent; and (3) forward the remaining amount of the monthly assistance payments to the tenant. (c) (1) If a court establishes an escrow account under § 8-211 of the Real Property Article or a parallel provision of public local law for a tenancy covered under subsection (b) of this section, the public housing authority shall notify the Administration of the court action. (2) On notice under paragraph (1) of this subsection or on certification by an attorney of record representing the delinquent tenant in the court action that an order has been issued to establish an escrow account, the Administration shall pay rent to the court as long as the order is in effect. (3) Any notice under paragraphs (1) and (2) of this subsection shall include a list of all addresses covered by the court action. (4) The public housing authority shall notify the Administration when the court action has been resolved.

Md. Code, Human Services § 5-604

(a) The Department may request and obtain from a fiduciary institution doing business in the State any financial records that the Department determines are necessary to verify or confirm an individual’s eligibility or ineligibility for public assistance. (b) On a showing by an applicant for long–term care Medicaid benefits that the applicant has been unable to obtain from a fiduciary institution doing business in the State financial records related to financial and real property assets necessary to establish the applicant’s eligibility or ineligibility for Medicaid benefits, the Department shall request the records. (c) (1) (i) The Department shall adopt regulations governing procedures for requesting, obtaining, and examining financial records that the Department determines are necessary to verify or confirm an individual’s eligibility or ineligibility for public assistance. (ii) The regulations shall: 1. include reimbursement schedules necessary to compensate fiduciary institutions for complying with this section; and 2. state the requirements that an applicant must satisfy in order for the Department to request financial records under subsection (b) of this section. (2) The Secretary shall notify a fiduciary institution of the officers or employees of the Department who are authorized to request and receive financial records from the fiduciary institution. (3) An individual authorized to receive information under this section may not disclose any personally identifiable information obtained or maintained under this section.

Md. Code, Human Services § 5-605

(a) (1) In this section the following words have the meanings indicated. (2) “Fraud” has the meaning stated in § 8–501 of the Criminal Law Article. (3) “Public assistance” means any assistance described in § 8–503 of the Criminal Law Article. (b) Each applicant for or recipient of public assistance shall: (1) read or have read to the individual a statement of the conduct that constitutes fraud; and (2) sign the statement to acknowledge that the individual understands that the penalties for fraud under § 8–503 of the Criminal Law Article are: (i) imprisonment not exceeding 3 years or a fine not exceeding $1,000 or both; and (ii) restitution.

Md. Code, Human Services § 5-606

The local department shall place a duplicate photo identification print in the case file of a public assistance recipient whenever a photo identification card is issued to the recipient.

Md. Code, Human Services § 5-607

(a) The Administration shall make every effort to recoup overpayments made to recipients that the State is authorized to recoup under federal law. (b) The Administration shall establish an administrative procedure, in accordance with federal law, to be followed when the Administration has reason to believe that an overpayment has been made.

Md. Code, Human Services § 5-608

The Administration may: (1) accept any federal funds or commodities; (2) manage and dispose of any federal funds or commodities as required by federal law; and (3) apply the federal Social Security Act or any other federal law relating to public assistance to the benefit of the State.

Md. Code, Human Services § 5-609

(a) (1) In this section the following words have the meanings indicated. (2) (i) “Personal identifying information” has the meaning stated in § 8–301 of the Criminal Law Article. (ii) “Personal identifying information” includes an Electronic Benefits Transfer card number or personal identification number. (3) “Skimming practices” includes: (i) use of a skimming device, including a scanner, skimmer, reader, or other electronic device used to access, read, scan, obtain, memorize, or store, temporarily or permanently, personal identifying information; or (ii) adding malicious code illegally to a website to capture Electronic Benefits Transfer card data or personal identifying information. (4) “Theft” includes: (i) physical theft of an Electronic Benefits Transfer card; (ii) identity fraud, as defined in § 8–301 of the Criminal Law Article; and (iii) theft through skimming practices. (5) “Two–way fraud alert” means the capability of the Department to communicate with households, and of households to communicate with the Department, through text messaging regarding potential fraudulent use or theft of an Electronic Benefits Transfer card. (b) For fiscal year 2025 and each fiscal year thereafter, the total amount of benefits restored under this section is limited to $30,000,000 per fiscal year. (c) (1) If an investigation by the Department shows a household’s correctly issued benefits were lost due to theft, the Department shall restore the benefits without requiring further action from the household. (2) As soon as practicable, but not later than 10 days after a household informs the Department of the loss of benefits due to theft, the Department shall: (i) notify the household in writing of the Department’s decision as to whether to restore benefits, the amount of benefits to be restored, and the right to and method of requesting a hearing on the Department’s decision in accordance with subsection (d) of this section; (ii) if the Department determines that the household receives benefits, restore benefits to the household in the amount of benefits that was lost; and (iii) provide the household with a new Electronic Benefits Transfer card. (3) The Department may not: (i) require a household to provide a police report as a condition of restoration of benefits; or (ii) limit the number of months in which a household can receive restoration of benefits lost due to theft. (d) (1) If a household disputes the amount of benefits restored or the Department’s determination that no restoration is due, the household may request a hearing with the Department within 90 days after the date of the Department’s determination. (2) If a household requests a hearing under this subsection, the Department shall restore the benefits for which the household claims entitlement while the hearing is pending. (3) If the hearing decision is unfavorable to the household, any benefits improperly restored under paragraph (2) of this subsection may be recovered by the Department by reducing the household’s benefit at a rate that may not exceed the lesser of $10 or 5% of the household’s monthly allotment of benefits. (e) In the procurement process for electronic benefits distribution or administration, the State or State–aided or State–controlled entity shall give preference to a vendor that: (1) holds a form of insurance that can be used to reimburse a beneficiary for identity fraud or theft; and (2) provides identity access protections to protect an eligible beneficiary against identity fraud and theft, which may include multifactor authentication. (f) The Department shall coordinate with vendors to take available precautions to reduce the vulnerability of Electronic Benefits Transfer cards to theft by utilizing enhanced technology. (g) On or before December 1 each year, the Department, in consultation with local law enforcement agencies in the State, shall report to the General Assembly, in accordance with § 2–1257 of the State Government Article, on: (1) the accessibility and security of Electronic Benefits Transfer cards; (2) actions taken to reduce the fraudulent use of Electronic Benefits Transfer cards; (3) the number of Electronic Benefits Transfer cards reissued due to fraud in the immediately preceding year; (4) the number of households reporting theft of benefits, by jurisdiction and program; (5) the number of households eligible for expedited Supplemental Nutrition Assistance Program benefits that reported loss of benefits due to theft, by jurisdiction and program; (6) the total dollar amount of benefits reported lost due to theft, by jurisdiction and program; (7) the number of determinations of theft made by the Department, by jurisdiction; (8) the number of determinations made by the Department that theft did not occur, by jurisdiction; (9) the number of households reimbursed for benefits lost due to theft and the total dollar amount of benefits restored, by jurisdiction and program; (10) the average and maximum length of time, in days, between the report of theft and the restoration of benefits, by jurisdiction; (11) the number of hearings requested and the number of households that received a restoration of benefits as an outcome of a hearing, by jurisdiction; and (12) demographic data on households that experienced theft, including race, gender, number of households with children under the age of 18 years, and number of households with a member at least 60 years old.

Md. Code, Human Services § 5-610

(a) The Department may: (1) restore benefits to any household that lost benefits due to theft that occurred between January 1, 2021, and October 1, 2022, both inclusive, provided that the Department confirms the household lost benefits due to theft during that time period; and (2) support innovative practices required to support beneficiaries during the time period between the reporting of the loss of benefits due to theft and the restoration of benefits. (b) On or before September 1, 2023, the Department shall issue benefits to households eligible to receive funds under subsection (a) of this section.
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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