The Administration may administer a program of nonresidential services for individuals who have mental disorders or have conditions that may lead to mental disorders: To develop, extend, and improve services for finding these individuals; and To provide facilities for diagnosis and treatment of nonresidential cases. The Administration may: Prepare plans for the program; Adopt necessary rules and regulations to carry out these plans; In accordance with these plans, receive and spend any available funds; Coordinate and supervise the provision of program services that the Administration does not provide directly; and Cooperate with the federal government and with all other public or private agencies in: Developing, extending, and improving the services; and Carrying out the plans.

The Secretary shall revise periodically the State comprehensive mental health plan. The State comprehensive mental health plan shall: Include an inventory of the mental health resources in this State; Set out the needs of the various areas for services, including community-based services in accordance with the findings and recommendations of the plan described in § 10-207 of this subtitle; Establish priorities of the different services needed; and Include any other matter that the Secretary thinks should be covered.

By January 1, 1992, within existing resources, the Director shall update the current Mental Hygiene Administration 3–year plan for mental health, which was submitted to the federal government in response to § 1925 of the Public Health Service Act, in order to plan for those individuals who: Have a serious mental disorder as defined in the plan; and Are not receiving the appropriate array of community–based services described in the “total need” section of the 3–year mental health plan that expired on June 30, 1991. On or after October 1, 1993, within existing resources and in concert with local core service agencies or local behavioral health authorities, the Director shall prepare a comprehensive mental health plan which identifies the needs of all individuals who have a serious mental disorder and who are targeted for services in the “Comprehensive Mental Health Services Plan” submitted by the State to the federal government in accordance with § 1925 of the Public Health Service Act. The comprehensive mental health plan shall: Include annual strategic projections, through the year 2000, of resources needed; Plan for those individuals who have a serious mental disorder, including those who are presently not being served by the public mental health system, those who are homeless, and those children, adults, and elderly individuals living without services in the community with their families or on their own who are at risk of further institutionalization; Plan for individuals who have a serious mental disorder and who are presently residing in a State facility, nursing home, or jail who could appropriately be served in the community if the proper community–based services were available to them; Plan for individuals who have a serious mental disorder and who are unable or unwilling to obtain community–based services from existing State–supported programs or from the private sector and assess their need for additional, flexible, individualized, or otherwise more appropriate services; Plan for the extent of need for the development of additional community–based housing and related support services; Plan for the extent of the need for additional community–based support services, including rehabilitation, clinical treatment, case management, crisis and emergency services, mobile treatment, in–home intervention services, school–based, after–school services, respite and family support services, and vocational services in order to implement the orderly transfer of institutionalized individuals who can live in the community and to serve those individuals presently in the community who are now underserved or unserved and at risk of institutionalization; Evaluate the role of existing State hospitals and plan for the reallocation to the community of any funds saved through hospital downsizing, consolidation, or closure; and Be consistent with the goal of providing comprehensive, coordinated community–based housing and support services for every individual who has a serious mental disorder and who is appropriate for and in need of such services. The Director shall, in concert with local core service agencies or local behavioral health authorities, implement each plan to the extent that resources are available.

There is a continuing, nonlapsing Mental Health Community–Based Services Fund. The purpose of the Mental Health Community–Based Services Fund is to ensure that funds realized from the sale or lease of Behavioral Health Administration facilities as the result of downsizing, consolidation, or closure are used to provide community–based services. Notwithstanding any other provision of law, if any Behavioral Health Administration facility is downsized, consolidated, or closed, all State property associated with the facility that is not transferred to another governmental entity shall be sold or leased at fair market value, and the net proceeds of the sale or lease shall be deposited into the Mental Health Community–Based Services Fund. If a facility operated by the Behavioral Health Administration is downsized, consolidated, or closed such that the net resident population declines or if a facility is closed or consolidated and bed capacity levels remained unchanged: State general funds may be appropriated as necessary, in advance, to assist in the downsizing; Any funds in the Mental Health Community–Based Services Fund: May not supplant resources for existing community services; and Shall be used to meet the needs of individuals leaving facilities to enter community–based services; and Any funds remaining after meeting the needs of individuals identified in subparagraph (ii)2 of this paragraph shall be used to increase the availability of: Affordable housing and employment opportunities for individuals with mental illness; and Community mental health services designed to promote recovery and community integration, including development of the Maryland Mental Health Crisis Response System established under Subtitle 14 of this title. Funds in the Mental Health Community–Based Services Fund shall be spent in accordance with a plan developed by the Behavioral Health Administration in consultation with consumers, family members, providers, and mental health advocates. On or before January 1 of each year, the Secretary shall prepare a report to be submitted to the General Assembly and the Department of Legislative Services on the Mental Health Community–Based Services Fund. Any unspent portions of the Mental Health Community–Based Services Fund and any interest earned on money in the Waiting List Equity Fund may not be transferred or revert to the General Fund of the State but shall remain in the Mental Health Community–Based Services Fund to be used for the purposes specified in this section.