(a) It is the policy of Montgomery County to protect and promote the public health and safety and general welfare by fostering the development of a health care system that provides financial and geographic access to quality culturally and linguistically competent health care at a reasonable cost for all County residents. To accomplish this purpose, it is essential that plans for maintaining the health of County residents and developing health services to meet the current and future health needs of County residents be prepared, programs to implement these plans be developed and executed, and proposed developments or alterations of health services be publicly reviewed and commented on. Health planning should address the overall health status of County residents, health disparities within social, economic, geographic, racial and ethnic groups, and the effects of social determinants of health on County residents. (b) This article is intended to organize the manner in which the country conducts its health planning activities.

(a) The Montgomery County Commission on Health is established. (b) In this article, “commission” means the Montgomery County Commission on Health. (c) The county executive appoints the commission, subject to confirmation by the county council. (d) The commission must broadly represent the social, economic, linguistic, geographic, cultural and racial characteristics of Montgomery County. (e) The commission consists of: (1) Nineteen (19) voting members representing a cross-section of consumers and providers of health care, who are drawn from such populations as the disabled, the elderly, minority groups, the general population, physicians, other health professionals, health care institutions, health care insurers, health maintenance organizations, health professional schools, and the allied health professions. One (1) member must be a member of the Montgomery County Medical Society. The majority of the members must not be providers of health services. (2) Two nonvoting ex officio members, of whom: (A) One is a member of the County Council or the Council’s designated representative, if the Council designates a Councilmember or Council representative; and (B) One is the County health officer. (f) Each commission member must reside or have a primary place of business in Montgomery County. (g) The commission must elect a chair from among its members: (1) Whose term is one (1) year; and (2) Who may be reelected. (h) (1) (3) The term of an appointed member is three (3) years. Each term begins on July 1 of the year of appointment. Of the members first appointed, one-third must be appointed for a one-year term, one-third must be appointed for a two-year term and one-third must be appointed for a three-year term. (2) At the end of a term, an appointed member continues to serve until a successor is confirmed. (3) A member who is appointed after a term has begun serves only for the rest of the term and until a successor is confirmed.

(a) To advise the County Executive and the County Council, the Commission must: (1) Periodically review available County public health programs, services, and facilities and data on the health status of the County population and subgroups within it; (2) Comment on gaps, deficiencies, or duplication in County public health programs, services, and facilities, including health status disparities and inequities; (3) Report each year to the County Executive on the performance of the Health and Human Services Department’s public health programs, actions needed to improve the programs, and the priorities within which the improvements should be made; (4) Comment on the proposed allocation of funds to County public health programs in accordance with the Department’s priorities, considering the available financial resources and the need for health cost containment; (5) Advise on local public health planning needs based on health status data; (6) Comment on the appropriateness of institutional health services proposed to be offered in the County and the metropolitan area by the private sector and nonprofit, state, or other public sector agencies; (7) Advise on the development of statewide criteria and standards for certificates of need and health planning, considering the regional impact when appropriate. (b) The Commission must report to and meet with the County Council, sitting as the County Board of Health, at least annually, on the programs and policies within its purview. (c) To ensure its smooth and efficient functioning, the commission must adopt bylaws.

(a) The commission must meet at least quarterly. Once a year, the chair must set a meeting schedule for the coming year with the approval of the commission. (b) A meeting may be convened at the request of two-thirds of the members. (c) A majority of the members constitutes a quorum for the transaction of business. (d) A majority vote of the members present is sufficient to take any action

Members are not compensated for serving on the commission

The Commission must not engage in any advocacy activity at the State or federal levels unless that activity is approved by the Office of Intergovernmental Relations.

The Department of Health and Human Services must provide appropriate support for the Commission in order to assist in carrying out the Commission’s responsibilities.