Education (GED) — Title 13. University of Maryland -- General Provisions

It is the intent of the General Assembly that the University of Maryland Global Campus:

The provisions of § 12–105(a) of this article do not apply to the overseas operations of the University of Maryland Global Campus. The institution may spend the appropriation without the approval of the Board of Public Works and without submitting a detailed budget schedule to the Board of Public Works.

The University of Maryland Global Campus shall prepare an annual financial information statement for the next following fiscal year and shall submit the statement to the Department of Budget and Management each year before October 1. The annual financial information statement shall include for the next following fiscal year:

The University of Maryland Global Campus may:

The University of Maryland School of Medicine shall provide for periodic, systematic evaluation of the Maryland Statewide Medical Education and Training System.

There is a Maryland Fire and Rescue Institute in the University of Maryland.

The Institute shall:

The Institute shall have the funds provided in the State budget.

In this section, “Fund” means the Small Business Development Center Network Fund.

There is a Small Business Development Center Network Fund.

The purpose of the Fund is to provide matching funds for federal grant funds and to support the operations of the Small Business Development Center Network in the University of Maryland, College Park Campus.

The Fund is a special, continuous, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.

The State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund.

The proceeds of the Fund shall be invested and reinvested.

Any investment earnings of the Fund shall be credited to the General Fund of the State.

The Fund consists of:

Money in the Fund may only be expended to support the operations of the Small Business Development Center Network.

For the fiscal year beginning July 1, 2021, and each fiscal year thereafter, the Governor shall include in the annual budget bill a General Fund appropriation of at least $1,150,000 to the Fund.

There is a Sustainable Maryland Program Fund.

The purpose of the Fund is to expand and enhance Sustainable Maryland’s promotion and support of communities in the State in the effort to realize environmental, economic, and social sustainability.

The University of Maryland Environmental Finance Center shall administer the Fund.

The Fund consists of:

The Fund may be used only for:

Expenditures from the Fund may be made only in accordance with the State budget.

Money expended from the Fund for the Sustainable Maryland program is supplemental to and is not intended to take the place of funding that otherwise would be appropriated for the Sustainable Maryland program.

For fiscal year 2024 and each fiscal year thereafter, the Governor shall include in the annual budget bill an appropriation of $500,000 to the Fund.

In this section, “Institute” means the Institute for Public Leadership at the University of Maryland, College Park Campus.

The purpose of the Institute is to:

For each of fiscal years 2023 through 2027, the Governor shall include in the annual budget bill an appropriation of $1,500,000 to the Institute.

For fiscal year 2027 and each fiscal year thereafter, the Governor may include in the annual budget bill an appropriation of $350,000 for the TerpsEXCEED Program at the University.

In this subtitle the following words have the meanings indicated.

“Day” means, except as otherwise provided, a working day, Monday through Friday, regardless of work schedule, weekend work, or midweek days off.

“University”, unless the context requires otherwise, means a constituent institution of the University System of Maryland.

If authorized by the Board of Regents or its designee, nurses and graduates of registered nurse education programs assigned to positions in the medical system of the Baltimore City campus may be scheduled to work flexible biweekly schedules with the normal biweekly work period of 80 hours; however, nursing personnel may not be required to work a flexible biweekly schedule.

If authorized by the Board of Regents or its designee, the campuses of the University System of Maryland may enter into agreements or understandings with employees who are eligible for overtime compensation under federal law that the employees will receive voluntarily compensatory time off in accordance with the federal Fair Labor Standards Amendments of 1985.

The University’s policy regarding compensatory time off awarded under the provisions of subsection (b) of this section shall be in accordance with regulations regarding compensatory time off adopted by the Department of Budget and Management, where appropriate.

If, following informal discussion with the supervisor, a dispute remains unresolved, the grievance procedure is available. There are three steps in the grievance procedure.

Step Two. The appeal shall be submitted to the president of the constituent institution or the president’s designated representative within 5 days after the receipt of the written decision at step one. The president or the president’s designated representative shall hold a conference with the aggrieved or the employee’s designated representative within 10 days of receipt of the written grievance appeal and render a written decision within 15 days after the conclusion of the conference.

Step Three. In the case of any still unresolved grievance between an employee and the constituent institution, the aggrieved employee, after exhausting all available procedures provided by the constituent institution, may submit the grievance to either arbitration or to the Chancellor who may delegate this responsibility to the Office of Administrative Hearings in accordance with Title 10, Subtitle 2 of the State Government Article. In either case, the appeal shall be submitted within 10 days after the receipt of any written decision pertaining to that grievance and issued by the constituent institution. If the grievance is arbitrated, the parties shall select an arbitrator by mutual agreement. If they are unable to reach a mutual agreement, an arbitrator shall be supplied by the American Arbitration Association by their procedures. Any fees resulting from arbitration are assessed by the arbitrator equally between the two parties. The arbitration award is advisory to the Chancellor or administrative law judge, as appropriate, and an additional appeal or hearing may not be considered. The Chancellor or administrative law judge, as appropriate, shall make the final decision that is binding on all parties.

Within 5 days from the date on which the employee receives the charges for removal as evidenced by the return receipt or other evidence of delivery of the charges to the employee an employee who is suspended under charges for removal may request an opportunity to be heard in his own defense. Within 30 days if possible after receipt, the president or the president’s designated representative shall investigate the charges and give the employee an opportunity to be heard. Testimony shall be taken under oath and both the department head or chairman or designee and the employee have the right of representation by counsel and the right to present witnesses and give evidence. Within 15 days following the conclusion of the conference, the written decision shall be rendered to the employee. In the case of appeals from charges pending removal, the department head or chairman or designee may request through appropriate channels the Attorney General’s representative to the University to serve as counsel. In case no hearing is timely requested, the Campus Director of Personnel shall act upon the charges or order such other actions as are indicated by the findings in the case. If a hearing is timely requested and the removal is upheld, step three of the grievance procedure shall be available to the removed individual. The appeal shall be submitted within 10 days after receipt of the written University decision.

Within 5 days, an employee who is notified of demotion may file a written answer with the president or the president’s designated representative and request an investigation of the demotion. Within 20 days, if possible, after receipt, the president or the president’s designated representative shall investigate the demotion and give the employee an opportunity to be heard. Within 15 days following the conclusion of the investigation, the written decision shall be rendered to the employee. If an investigation is timely requested and the demotion is upheld, step three of the grievance procedure is available to the demoted employee. The appeal shall be submitted within 10 days after receipt of the written University decision.

This section applies only to a regular full–time or part–time employee who is represented by an exclusive representative under Title 3 of the State Personnel and Pensions Article.

The University may remove, suspend, or demote a regular full–time or part–time employee who is not on probation only:

The University may not remove, suspend, or demote a regular full–time or part–time employee for any reason prohibited by § 2–302 of the State Personnel and Pensions Article.

In cases of appeal to an arbitrator, each party is responsible for any expense incurred in the preparation and presentation of its own case and for any record or transcript it may desire.

Upon the formal or informal initiation of a grievance an employee designated as a grievance procedure representative shall not suffer any loss of pay for investigating, processing or testifying in any step of the grievance procedure. Release time from normal work schedules is to be granted all witnesses to attend grievance hearings. Expenses incurred in connection with attendance by employees at grievance hearings shall be borne by the employee’s department.

Similar grievances may be consolidated and processed together as a single issue. Where a number of individual grievances have been reduced into a single grievance, not more than three employees selected by and from the group may be excused from work to attend a grievance meeting called by the responsible administrator at step one and not more than five employees at steps two and three unless, at any step, prior permission is granted by the person hearing the grievance.

Employee complaint forms shall be available in the campus personnel department. The University form shall be used.

It is the responsibility of the head of each organizational unit to assure that each employee understands the channels of communication and appeal, specifically who is the department head or chairman and who acts in their absence.

An employee may not leave the post of duty to engage in grievance handling without the knowledge of and permission from the designated supervisor.

A formal grievance may be filed by the aggrieved employee; the request to appeal a grievance must bear the signature of the employee or the employee’s representative at each step of the procedure.

A record of each grievance and its disposition shall be furnished to the employee involved. A file copy of each grievance shall be maintained at the last step at which the grievance was processed, and an additional copy shall be filed with the campus personnel department which shall be available to the employee or the employee’s representative.

At any point in the grievance procedure, the employee may elect to obtain, change, or dismiss the representative by providing a written notice to the person hearing the grievance. However, the action does not allow the grievant to return to a previous step in the procedure.

A hearing officer may exclude incompetent, irrelevant, immaterial, and unduly repetitious evidence or witnesses.

Each step of the grievance procedure shall be processed as quickly as practicable within the specified time limits. Failure to appeal at any step constitutes acceptance. Failure to answer is a denial to which an appeal may be made. By mutual agreement, the time limits and/or steps may be waived.

It is the responsibility of each party to the grievance procedure at each step of the procedure to duplicate the grievance form prior to filing it with the employer or returning it to the employee and to retain one copy of the form.

A grievance may start with a complaint or request by a permanent or temporary employee.

An employee may be represented at every step of the grievance procedure by a party or organizational representative.

An employee shall receive a copy of this grievance procedure upon employment at the University.

Both parties shall make an effort to resolve the grievance at the lowest possible level.

All grievance hearings shall be open hearings unless either party requests that the hearing be closed.

At any step of the grievance procedure, either party may require that witnesses be excluded from the hearing room until called.

Any party who elects to use this procedure for resolution of a problem is presumed to agree to abide by the final disposition arrived at in this procedure and the final disposition may not be subject to review under any other procedure within the University.

Any question concerning the timeliness of a grievance or whether a complaint is subject to the grievance procedure shall be raised and resolved promptly, unless the person hearing the grievance or appeal determines that the decision on a motion to dismiss will be deferred pending a hearing on both the merits and the motion.

The defense of sovereign immunity may not be available to the University, unless otherwise specifically provided by the laws of Maryland, in any administrative, arbitration, or judicial proceeding held pursuant to this section, or the personnel policies, rules, and regulations for regular full–time and part–time employees of the University System of Maryland involving any type of employee grievance or hearing, including, but not limited to charges for removal, disciplinary suspensions, involuntary demotions, or reclassifications.

The Governor shall provide in the annual State budget adequate funds for the satisfaction of any final monetary or benefit award or judgment that has been rendered in favor of the employee against the University in any administrative, arbitration, or judicial proceeding.

Awards under this section that have not been satisfied pursuant to subsection (d) of this section, shall be reported to the Comptroller of the Treasury, who shall maintain and report annually to the Governor an accounting of existing awards. Upon appropriation of funds by the legislature, the Comptroller of the Treasury shall satisfy existing awards in order of date of award.

If the University has sufficient funds available to satisfy any award under this section at the time the award is rendered, the award shall be satisfied as soon as practicable but not more than 20 days after the award becomes final.

In this subtitle, unless the context clearly requires otherwise, the following words have the meanings indicated.

“Annual contract” means, as to any fiscal year, the contract required by this subtitle to be entered into between the University and the Medical System Corporation stating the obligations between them for that fiscal year.

“Board of Directors” means the Board of Directors of the Medical System Corporation.

“Board of Regents” means the Board of Regents of the University System of Maryland.

“Chief Executive Officer” means the individual elected Chief Executive Officer by the Board of Directors of the Medical System Corporation and also appointed by the Board of Regents as Vice President for the medical system.

“Community naturally served” means the hospital’s historic service population and those neighborhoods traditionally served by the hospital as well as any additional population the Medical System Corporation determines with the approval of the Maryland Health Care Commission and the Maryland Department of Health.

“Comprehensive services” means comprehensive health care services.

“Dental school” means the School of Dentistry of the University.

“Includes” or “including” means includes or including by way of illustration and not by way of limitation.

“Institute” means the Maryland Institute for Emergency Medical Services Systems.

“Medical system” means the University Medical System, consisting of those health care delivery components of the University that are in Baltimore City rendering patient care services and more particularly identified by the Board of Public Works at the time of conveying medical system assets to the Medical System Corporation, including University Hospital, the University Cancer Center, and the clinical component of the Institute.

“Medical system assets” means all assets allocated to the medical system as shown on the financial statements of the medical system at the transfer date and as more particularly or additionally identified or supplemented by the Board of Regents and approved by the Board of Public Works and transferred to the Medical System Corporation, including (unless further defined by the Board of Public Works) all related land and buildings and funds deposited with the State Treasurer.

“Medical System Corporation” means University of Maryland Medical System Corporation, a private, nonprofit, nonstock corporation formed under the general corporation laws of this State.

“Medical System Corporation employees” means employees of the Medical System Corporation.

“Medical system liabilities” means all liabilities allocated to the medical system as shown on the financial statements of the medical system at the transfer date.

“Medical system personnel” means both medical system University personnel and Medical System Corporation employees.

“Medical system University personnel” means those employees of the University who report to the Chief Executive Officer and for whose services the Medical System Corporation contracts with the University.

“President” means the President of the University of Maryland, Baltimore Campus.

“School of Medicine” means the School of Medicine of the University.

“Transfer date” means any date from July 1, 1984, to June 1, 1985, both inclusive, determined by the Board of Public Works and filed with the Secretary of State and the Department of Legislative Services.

“University” means the University of Maryland.

The purposes of the medical system are to provide medical care of the type unique to University medical facilities for the citizens of the State and region and, in accomplishing this objective, to provide a clinical context for education and research conducted by the faculty of the University;

The purposes extend to all citizens of the State, particularly regarding health care needs which only an academic medical institution can adequately meet such as extensive tertiary care, major shock trauma treatment, and sophisticated surgical techniques;

The purposes also include rendering comprehensive health care to the community naturally served by University Hospital to assure its availability to citizens of that community;

These purposes separately and collectively serve the highest public interest and are essential to the public health and welfare, but must be realized in the most efficient manner and at the lowest cost practicable and consistent with these purposes;

It has proven unnecessarily costly and administratively cumbersome for the University to finance, manage, and carry out the patient care activities of an academic institution within the existing framework of a State agency, since many applicable laws, management structures, and procedures were developed to implement types of governmental functions which differ from the operations of a major patient care facility in an environment of State and federal regulation; such patient care operations are more efficiently served by contemporary legal, management, and procedural structures utilized by similarly situated, private entities throughout the nation;

It is fiscally desirable for the State of Maryland to separate the operations, revenues, and obligations of the medical system from the State to the end that, to the maximum extent practicable, the medical system be a self–supporting entity to which the State may make grants or with which the State may contract as may be deemed appropriate from time to time; this separation will segregate patient care costs and revenues from unrelated State activities;

The interests of the citizens of the State, the region, and the community naturally served by University Hospital will be best met by granting and transferring State assets and liabilities related to the medical system to a private, nonprofit, nonstock corporation in order to create a separate legal and organizational structure for the medical system to provide independence and flexibility of management and funding, while assuring a compatible and mutually beneficial relationship with the University;

In order to maintain the highest quality patient care with the maximum efficiency practicable, the R Adams Cowley Shock Trauma Center will be part of the medical system and will be governed by the Board of Directors; and

It is the intent of the General Assembly that:

Prior to the transfer date:

On or after the transfer date, the Medical System Corporation shall own, lease, manage, and operate the medical system, including such components or health services as the Board of Directors may determine or agree to undertake from time to time and shall have all powers of a Maryland corporation which are not expressly limited by this subtitle; such powers include the power to convey, lease, mortgage, encumber, and otherwise deal with all its assets including the medical system assets, without limitation or regard to their source, unless a grantor or donor restricts the use of such assets; provided, however, that without in any way limiting the power to mortgage or otherwise encumber such property, any sale or lease of any land or buildings transferred on the transfer date shall be approved by the Board of Regents.

The Board of Directors:

The Board of Directors shall operate the medical system without discrimination based upon race, creed, sex, or national origin.

The Board of Directors will conduct procurement activities consistent with minority purchasing standards applicable to State government agencies.

The fiscal year of the Medical System Corporation will be the same as the fiscal year of the State unless otherwise approved by the Board of Public Works.

The Board of Directors shall cause annual audited financial statements of the Medical System Corporation to be prepared and filed with the Governor, the Joint Audit and Evaluation Committee, and the Board of Regents as soon as practicable following the close of its fiscal year.

Requests to the General Assembly for grants from the State for the Medical System Corporation may be submitted only with approval of the Board of Regents.

The Board of Directors will coordinate with University fund–raising efforts all Medical System Corporation campaigns and solicitations for private gifts and proposals for private or federal grants.

The Board of Directors shall ensure that the medical system shall continue to make available medical services to residents of various State institutions whose residents prior to the effective date of this legislation were served by the Hospital, including State residential centers for individuals with an intellectual disability, State mental hygiene facilities and facilities run by the State Division of Correction, as long as the administrators of those institutions continue to seek care from the Hospital for their residents in accordance with policies and legislative intent incorporated in the State budget. The Hospital is to be compensated by the institutions or other payors for this care in accordance with policies of the State Health Services Cost Review Commission or other relevant authority.

The Board of Directors shall ensure that the Medical System Corporation continues to be a private, nonprofit, nonstock corporation that is independent from any State agency.

The government of the Medical System Corporation is vested in the Board of Directors.

For terms subsequent to initial terms, nominations of members will be made by the Board of Directors and submitted to the Board of Regents for comment and to the Governor for consideration.

The Board of Directors may adopt and amend bylaws.

Each year, the Board of Directors shall elect from among its members:

The Board of Directors shall elect a Chief Executive Officer who shall also be appointed by the Board of Regents as Vice President of the University of Maryland Medical System, and who shall begin service in this joint office after the appointment is approved by both boards. The Chief Executive Officer shall serve at the pleasure of the Board of Directors. In the event of a vacancy of the Chief Executive Officer, nominees will be selected by a process to be determined jointly by the Board of Regents and the Board of Directors.

Each member of the Board:

A member of the Board may not intentionally use the prestige of office or public position for that member’s private gain or that of another.

The Chairman of the Board of Directors shall appoint representatives from the community naturally served by the medical system having interest in the services of the medical system to 3–year terms as members of a Community Advisory Council. The Board of Directors shall designate at least one of its members to meet with the Community Advisory Council and advise the Community Advisory Council of matters of potential interest. Recommendations of this Community Advisory Council concerning services offered by the Medical System Corporation and its community relationships shall be considered by the Board of Directors.

The medical system will serve as the primary clinical setting for University students in health care fields to receive educational and research experiences. The clinical faculties of the School of Medicine and Dental School will be the sources for the medical staff of the medical system. The same persons will serve both as Chairmen of the Clinical Science Departments of the School of Medicine and chiefs of the corresponding clinical services of the medical system. The University and the Medical System Corporation will institute appropriate procedures to effect such appointments.

Sections 5–501 through 5–504 of the General Provisions Article shall not bar an official or employee of the University from becoming a director, official, or employee of the Medical System Corporation or participating in matters involving the Corporation and shall not prevent the Executive Director of the Maryland Institute for Emergency Medical Services Systems from becoming a voting Director of the Medical System Corporation.

Prior to the transfer date and to the 1st day of each fiscal year thereafter, the Board of Regents and the Board of Directors shall each approve an annual contract which shall state all financial obligations, exchanges of services, and any other agreed relationships between the University and the Medical System Corporation for the ensuing fiscal year. The annual contract shall identify all services to be provided and the agreed cost of such services.

The annual contract will be developed by the Chief Executive Officer, the Dean of the School of Medicine, and other University officials as determined by the President. The annual contract will be submitted to the Board of Regents upon the recommendation of the President for consideration, modification, and approval.

The Board of Directors and Board of Regents may establish procedures for the approval of the annual contract.

If the University and the Medical System Corporation do not enter into an annual contract for any fiscal year, the annual contract for the previous year shall remain in force until another annual contract is approved.

On the transfer date the Board of Public Works, the Board of Regents, and any other required State department, agency, or body shall take all legal action necessary to transfer, as a grant without consideration, the medical system assets to the Medical System Corporation.

If it is not appropriate or desirable to transfer title to any medical system assets, such assets shall be leased to the Medical System Corporation or other legal arrangement effected giving control and use to the Medical System Corporation, the consideration to be a payment equal to all costs of the University that become due after the transfer date with respect to purchase, maintenance, or repair of such assets.

If ownership of medical system assets cannot be legally transferred on the transfer date, ownership shall be transferred as soon as practicable after it is legal to do so. In any event, provisions shall be made, by lease or other arrangement, for the Medical System Corporation to have control and use of all medical system assets on and after the transfer date.

The following conditions shall be satisfied before transfer of the medical system assets:

The approval of such transfer by the Board of Public Works shall constitute a conclusive determination that:

On the transfer date the Medical System Corporation shall take all legal action necessary to assume the medical system liabilities, but only to the extent expressly provided in this subtitle and the annual contract; the Medical System Corporation shall not be liable for any other debts, obligations, or liabilities of the State or the University incurred or arising in connection with the medical system prior to the transfer date. This assumption of liabilities shall be an assumption of such liabilities as they exist on the transfer date; provided, however, this provision shall be construed and applied to give effect to all provisions of law and defenses applicable to such liabilities prior to the transfer date.

Regardless of any assumption of liability by the Medical System Corporation, the payment of any settlement or judgment against a State officer or employee incurred or arising in connection with the medical system prior to the transfer date shall be determined pursuant to § 12-404 of the State Government Article, and, if the Board of Public Works determines to make a payment to satisfy such settlement or judgment, such payment shall be made only from the State General Emergency Fund or the State Insurance Trust Fund.

Effective on the transfer date, the Medical System Corporation shall assume responsibility for and shall defend, indemnify, and hold harmless the University and the State with respect to:

The Medical System Corporation will designate legal counsel to represent medical system University personnel determined by the Attorney General to be entitled to legal representation pursuant to § 12-304 of the State Government Article, with respect to acts or omissions in the course of services related to the medical system on or after the transfer date. The Attorney General shall not be responsible for representing such individuals for actions on or after the transfer date. The Medical System Corporation shall be responsible for paying any grants approved by the Board of Public Works, pursuant to § 12-404 of the State Government Article, with respect to such actions on or after the transfer date.

If the Board of Public Works determines, as provided in the State Government Article, that any individual who is a part of medical system University personnel should be reimbursed for the cost of defending a criminal claim relating to actions on or after the transfer date in the course of services related to the medical system, the Medical System Corporation shall fund such reimbursement.

Nothing contained in this subtitle shall be deemed or construed to waive or abrogate in any way the sovereign immunity of the State or to deprive the University or any officer or employee thereof of sovereign immunity.

Are payable only from assets of the Medical System Corporation; and

Are not debts or obligations of the University or the State.

The Medical System Corporation and its corporate existence shall continue until terminated in accordance with law; provided, however, that no such law or termination shall take effect so long as the Medical System Corporation shall have bonds, notes, or other obligations outstanding, unless adequate provision has been made for the payment thereof.

Upon termination of the existence of the Medical System Corporation, all its rights and properties shall pass to and be vested in the State, but subject in all cases to any mortgages, liens, or other encumbrances or any other rights or interests of creditors of the Medical System Corporation or other third parties.

The articles of incorporation of the Medical System Corporation and the documents of transfer of the medical system assets must state that the Board of Regents and the Board of Public Works may determine that the Medical System Corporation has failed to realize the purposes set forth in this subtitle; in the event of such a determination, the Board of Directors shall be required to undertake appropriate legal proceedings to return all assets of the medical system then held by the Medical System Corporation to the State, but only if adequate provision has been made for the payment of any outstanding bonds, notes, or other obligations of the Medical System Corporation.

In this subtitle the following words have the meanings indicated.

“Medical System Corporation” means the University of Maryland Medical System Corporation or, at the Medical System Corporation’s option, a subsidiary or affiliate of the Medical System Corporation.

“Montebello” means the Montebello Center.

“Montebello assets” means all assets allocated to Montebello as shown on the financial statements of Montebello at the transfer date and as more particularly or additionally identified or supplemented by the Medical System Corporation and approved by the Board of Public Works and transferred to the Medical System Corporation and includes:

“Montebello site” means the real property owned by the State, a campus located in Baltimore City, on which Montebello and other State-owned facilities are located.

“Montebello University employees” means those employees of the University System of Maryland who work at Montebello and who are paid by the Medical System Corporation.

“Transfer date” means any date determined by the Board of Public Works and filed with the Secretary of State and the Department of Legislative Services.

The Maryland Department of Health shall negotiate with the Medical System Corporation the transfer to the Medical System Corporation of the Montebello assets as a grant without consideration.

If the Board of Directors of the Medical System Corporation and the Board of Public Works, in their discretion, approve the transfer, on the transfer date the Board of Public Works, Maryland Department of Health, and any other required State department, agency, or body shall take all legal action necessary to transfer, as a grant without consideration, the Montebello assets to the Medical System Corporation.

If the Board of Directors of the Medical System Corporation and the Board of Public Works, in their discretion, determine that the ownership of Montebello assets cannot be legally transferred on the transfer date, ownership shall be transferred as soon as practicable after it is legal to do so. In any event, provisions shall be made, by lease or other arrangement, for the Medical System Corporation to have control and use of all Montebello assets on and after the transfer date.

For so long as rehabilitation or chronic care services are provided and payment or reimbursement for uncompensated care covers the cost of providing such services to the historic Montebello service population, the Medical System Corporation may not cease providing such services to that population.

The approval of the transfer by the Board of Public Works shall constitute a conclusive determination that the transfer is in compliance with this subtitle.

The Maryland Department of Health shall issue a special hospital–chronic license and a special rehabilitation hospital license to the Medical System Corporation for Montebello on the transfer date. Each license shall be for the same number of beds as licensed to Montebello immediately before the transfer date, less 102 beds licensed in the special–chronic licensing category which shall remain licensed to the Maryland Department of Health. The licenses issued to the Medical System Corporation shall remain effective until the expiration of the most recent accreditation by the applicable accreditation commission, provided the facility continues to be operated in accordance with the requirements of §§ 19–319(d), (e), (f), and (g) and 19–327 of the Health – General Article. Notwithstanding any other statutory provision or regulation to the contrary, the transfer of assets from Montebello to the Medical System Corporation and the issuance of licenses to the Medical System Corporation shall not require a certificate of need.

On the transfer date, the Medical System Corporation shall assume responsibility for those claims arising from the employment of Montebello University employees which relate to or arise from events occurring after the transfer date.

Nothing contained in this subtitle shall be deemed or construed to waive or abrogate in any way the sovereign immunity of the State or to deprive the State or any officer or employee thereof of sovereign immunity.

This section shall be effective only if the transfer, lease, or other transfer arrangement authorized by this subtitle occurs.

On January 1, 1993, all Montebello University employees shall become employees of the Medical System Corporation.

A Montebello University employee may, at his or her option, become an employee of the Medical System Corporation before January 1, 1993.

The Medical System Corporation shall permit continuation of State employee organizations to represent former Montebello University employees and to collect dues.

The value of any unused annual leave accrued by the Montebello University employees shall be computed as of the transfer date, and the State shall pay the Medical System Corporation the value of that leave. Upon the request of an employee, the Medical System Corporation shall pay each Montebello University employee the value of such leave, permit each Montebello University employee to take such leave, or permit a combination of pay for such leave and use of such leave. In no event may a Montebello University employee, whether transferring to a University System of Maryland position outside of Montebello, a State position, or a Medical System Corporation position or leaving for a position elsewhere, not receive time off, credit for future time off, or pay for such unused annual leave accrued as of the transfer date and still unused and unpaid as of the date of transfer to another University System of Maryland position or to a State position or as of the date of departure from Montebello. If a Montebello University employee transfers to a University System of Maryland position outside of Montebello or to a State position before being paid for or using annual leave accrued as of the transfer date, the Medical System Corporation shall transfer funds to the University System of Maryland or to the State, as appropriate, equal to unpaid accrued annual leave.

The payment of any settlement or judgment against a State officer or employee incurred or arising in connection with Montebello prior to the transfer date which is not a Montebello liability shall be determined in accordance with § 12-404 of the State Government Article, and, if the Board of Public Works determines to make a payment to satisfy the settlement or judgment, the payment shall be made only from the State General Emergency Fund or the State Insurance Trust Fund.

The Medical System Corporation shall designate legal counsel to represent Montebello University employees determined by the Attorney General to be entitled to legal representation in accordance with § 12-304 of the State Government Article, with respect to acts or omissions in the course of services related to Montebello on or after the transfer date. The Attorney General shall not be responsible for representing the individual for acts or omissions on or after the transfer date. The Medical System Corporation shall be responsible for paying any settlements and judgments approved by the Board of Public Works, in accordance with § 12-404 of the State Government Article, with respect to acts or omissions on or after the transfer date.

If the Board of Public Works determines, as provided in the State Government Article, that any Montebello University employee shall be reimbursed for the cost of defending a criminal claim relating to actions on or after the transfer date in the course of services related to Montebello, the Medical System Corporation shall fund the reimbursement.

The Medical System Corporation shall cause annual audited financial statements for Montebello to be prepared and filed with the Governor and the Joint Audit and Evaluation Committee as soon as practicable following the close of each fiscal year.

The Medical System Corporation shall submit with the annual audited financial statements for Montebello a report on the amount of uncompensated care provided at Montebello for the fiscal year.

In recognition of the provision of uncompensated care by Montebello and to assist with the capital financial needs of Montebello specified as part of the transfer under § 13–402 of this subtitle, the State shall pay the Medical System Corporation:

If the Health Services Cost Review Commission sets rates for services rendered at Montebello, then the Governor shall include in the budget bill each year an appropriation to the Medical System Corporation equal to the difference between the pension costs for Montebello University employees and employees of the Medical System Corporation working at Montebello and participating in the State Retirement and Pension Systems and the pension costs permitted by the Health Services Cost Review Commission in the rates for Montebello.

The Health Services Cost Review Commission may not set rates for the services rendered at Montebello until:

In this subtitle the following words have the meanings indicated.

“Advisory Council” means the Advisory Council to the State Emergency Medical Services Board.

“Board of Directors” means the Board of Directors of the Medical System Corporation.

“Board of Regents” means the Board of Regents of the University System of Maryland.

“Center” means the R Adams Cowley Shock Trauma Center.

“EMS Board” means the State Emergency Medical Services Board.

“Institute” means the Maryland Institute for Emergency Medical Services Systems.

“Medical System Corporation” means the University of Maryland Medical System Corporation.

“Study Center” means the Charles McC. Mathias, Jr. National Study Center for Trauma and Emergency Medical Systems.

“University” means the University of Maryland, Baltimore Campus.

The State of Maryland has been a national pioneer in the development of emergency medical services;

The Emergency Medical System has served the citizens of Maryland well for the past two decades by reducing morbidity and mortality for thousands of seriously ill patients;

The success of Maryland’s Emergency Medical System is due largely to the hard work and dedication of many individuals, particularly the thousands of career and volunteer firefighters, emergency medical technicians, and rescue squad personnel;

The citizens of Maryland are fortunate to have highly trained career and volunteer firefighters, emergency medical technicians, and rescue squad personnel providing life-sustaining services in the field to ill and injured persons;

The numbers of volunteer firefighters, emergency medical technicians, and rescue squad personnel have been declining but are an essential and integral part of the State’s Emergency Medical System and it is important that their role is preserved;

The Emergency Medical System is a large and complex entity involving numerous public and private interests and requiring close coordination to operate efficiently and in the best interests of all Marylanders;

The R Adams Cowley Shock Trauma Center is the core element of the State’s Emergency Medical System and shall continue to serve as the State’s primary adult trauma clinical resource center;

The Emergency Medical System could be further enhanced by establishing a governing body that is accountable for and vested with the responsibility and authority to ensure the effective and efficient operation of the System; and

The Emergency Medical Services Field Operations of the Institute and the R Adams Cowley Shock Trauma Center shall remain an integral part of the overall Emergency Medical Services System.

There is a Maryland Institute for Emergency Medical Services Systems.

The Institute is an independent agency located at the University of Maryland, Baltimore Campus.

The Institute shall be governed by the State Emergency Medical Services Board.

Funding for the Institute shall be from:

In accordance with this subtitle, the Institute shall be the State administrative agency responsible for the coordination of all emergency medical services.

The Institute includes the Emergency Medical Services Field Operations.

The Institute shall have the staff and funds as provided in the State budget.

Annually, from among the members of the EMS Board:

With the approval of the Governor, the EMS Board shall appoint an Executive Director.

The Executive Director serves at the pleasure of the EMS Board. The Executive Director is entitled to the salary provided in the State budget.

Under the direction of the EMS Board, the Executive Director shall:

Any foundation created by the EMS Board shall be subject to audit by the Office of Legislative Audits.

No formal action may be taken by the EMS Board without the approval of a majority of the full authorized membership of the EMS Board.

The EMS Board shall meet at least six times a year, at the times and places that it determines.

Each member of the EMS Board is entitled to reimbursement for expenses under the Standard State Travel Regulations as provided in the State budget.

In addition to the duties set forth elsewhere in this subtitle, the EMS Board shall:

The provisions of subsection (b)(2) of this section may not be construed to affect the Governor’s powers with respect to a request for an appropriation in the budget bill.

In addition to the duties set forth elsewhere in this subtitle, the EMS Board shall develop and adopt an Emergency Medical System plan to ensure effective coordination and evaluation of emergency medical services delivered in this State.

The EMS Board shall consult with the Advisory Council in the development of the Emergency Medical System plan.

The EMS Board may adopt regulations that assure that helicopters transporting patients between hospitals or to or from specialty centers notify the System’s communication center in the State Emergency Medical Communications System.

Each State agency and department shall cooperate with the EMS Board in implementing the State Emergency Medical System plan.

Coordinate a statewide system of emergency medical services;

Coordinate the five emergency medical service regions in this State;

Coordinate the planning and operation of emergency medical services with the federal, State, and county governments;

Coordinate the training of all personnel in the Emergency Medical Services System and develop the necessary standards for their certification or licensure;

Coordinate programs of research and education that relate to emergency medical services;

Coordinate the development of centers for treating emergency injuries and illnesses;

Coordinate the development of specialty referral centers for resuscitation, treatment, and rehabilitation of the critically ill and injured;

Coordinate, with Jurisdictional Emergency Medical Services Operating Programs, the minimum equipment, supplies, and medications, including equipment, supplies, and medications needed for early childhood care, including neonatal care, to be available on emergency medical services vehicles;

Work closely with the public and private agencies, health care institutions and universities involved with emergency medical services, the Emergency Medical Services Advisory Council, and the Medical Management Consultant Group;

Administer State and federal funds for emergency medical services in this State;

Work closely with the Maryland Fire and Rescue Institute, which is responsible for basic training for emergency medical technicians;

Assure continued improvement of transportation for emergency, critically ill, and injured patients by supporting the goals of career and volunteer systems throughout this State; and

Implement all programmatic, operational, and administrative components of the Institute.

There is a statewide Emergency Medical Services Advisory Council to advise and assist the EMS Board in performing its functions.

Each appointed member of the Council shall have demonstrated interest or experience in the delivery of emergency medical services.

The members of the Advisory Council shall annually elect the chairperson of the Advisory Council, with the approval of the Governor. The Governor shall have 60 days to approve the elected chairperson. If the Governor has not acted within 60 days of being notified of the election of the chairperson, the elected chairperson shall be deemed approved.

The Advisory Council shall:

The staff for the Advisory Council will be provided by the Institute.

The power of the Board of Regents over plans, proposals, and projects of units in the University does not include the power to disapprove or modify any decision or determination that the EMS Board makes under authority specifically delegated by law to the EMS Board.

The power of the Board of Regents to transfer by rule, regulation, or written directive, any staff, functions, or funds of units in the University does not apply to any staff, function, or funds of the EMS Board.

The Study Center’s primary mission is research, with particular emphasis on establishing national policies related to prevention, treatment, acute care and rehabilitation, trauma and emergency medical care delivery systems, disaster epidemiology and management, injury surveillance, and data collection. It shall serve as the primary research center for the State Emergency Medical Services System.

The Director of the Study Center shall work closely with the MIEMSS Director in the development of a research plan and the budget.

The Director of the Study Center shall submit the budget and research plan to the EMS Board for review and comment.

The Director of the Study Center shall advise and provide the opportunity for the EMS Board to comment prior to the adoption of any proposed change in the budget, mission, research plan, or other policies of the Study Center that would affect the ability of the Study Center to continue to fulfill its mission as the primary research center for the State Emergency Medical Services System.

The Director of the Study Center shall submit to the EMS Board an annual report on the budget and research plan.

Subject to the approval of the Governor, the President of the University of Maryland, Baltimore Campus shall appoint the Director of the Study Center. The Governor shall have 60 days to approve the appointment. If the Governor has not acted within 60 days of being notified of the appointed director, the appointed director shall be deemed approved.

The University of Maryland, Baltimore Campus shall receive indirect cost recoveries as stipulated in grants received by the National Study Center.

The University System of Maryland may not transfer funds for the Study Center to any other program or purpose.

The R Adams Cowley Shock Trauma Center is the primary adult clinical resource center for the State Emergency Medical Services Systems.

The chief administrative officer of the Center is the Director who:

The Director of the Center shall:

The Director of the Center shall:

Unless issued a license under this section, an individual, firm, partnership, corporation, association, or organization may not operate an ambulance service in the State.

To qualify for an ambulance service license, an applicant shall:

The Institute may inspect the operating base, equipment, supplies, and company procedures necessary to ensure compliance with the requirements of this section and all regulations adopted by the Institute under this section.

Subject to the hearing provisions of subsection (h) of this section, the Institute may deny an application for an ambulance service license or suspend or revoke a license if the applicant or licensee violates any provision of this section or any regulation adopted by the Institute under this section.

Before the Institute takes any final action under subsection (g) of this section, the Institute shall give the person against whom the action is contemplated an opportunity for a hearing under the provisions of § 10–226 of the State Government Article.

The Institute may waive the requirements of this section for any ambulance service:

A person who violates any provision of this section or any regulation adopted by the Institute under this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000.

This section preempts the authority of a county or municipal corporation to regulate any ambulance service with a base of operation located outside the county or municipal corporation that is licensed under this section.

Subject to the rules, regulations, protocols, orders, and standards of the EMS Board, a paramedic may administer:

The EMS Board may: