A community mental health services program shall submit annually financial statements and salary information in accordance with the Department’s regulations.
The Administration may impose a penalty not exceeding $500 per day per violation for each day a violation occurs on a licensee that fails to comply with subsection (a) of this section.
In accordance with the State budget and the rules and regulations that the Secretary adopts, the Secretary may make grants from or agreements for the use of State and federal funds to help public agencies or nonprofit organizations establish and operate local mental health programs to provide the following:
Inpatient services;
Outpatient services;
Partial care services, including day care services and night care services;
24–hour emergency services;
Aftercare services;
Consultation services;
Education services;
Other preventive or rehabilitation services or treatment; and
Community residential programs for children and adolescents.
Research and training that are designed to improve or extend these services are proper items of expense.
Services under this section shall be provided by public agencies or, under contract, by nonprofit organizations and private community-based organizations.
Nothing in this section shall prohibit the Secretary from contracting with individual licensed mental health care providers, including psychiatrists, psychologists, social workers, and psychiatric nurses.
Notwithstanding any other law or regulation, the Secretary shall continue from July 1, 1998, until June 30, 1999, the transition funding option that was in effect for participating outpatient mental health clinics on July 1, 1997, as specified in the Code of Maryland Regulations 10.21.25.01F.
This section may not be construed to prohibit the Secretary from increasing the rate of reimbursement under the transition funding option that was in effect for outpatient mental health clinics on July 1, 1997, as specified in the Code of Maryland Regulations 10.21.25.01F.
The governing body of any county may apply for assistance to establish a mental health program under this part.
A county shall apply by submitting annually to the Director, for approval by the Secretary, a plan and budget for the next fiscal year.
The governing bodies of two or more counties may apply for assistance to establish a community mental health program for the counties if:
The population of one of the counties is too small to warrant the establishment of an independent community mental health program for that county; and
The Director consents.
A community mental health services program is not eligible for assistance under this part unless:
Its plan and budget conform to the State plan for mental health services and the priorities set under it; and
The qualifications of its professional staff meet the standards that the Secretary sets.
Except in Montgomery County, the health officer for a county is responsible for:
The mental health services program in the county; and
Supervising generally the mental health services and facilities that the county health department provides or supports.
The health officer for a county shall:
With the advice of the regional mental health director, revise annually the county plan for providing or contracting for services, including aftercare, and facilities and for any other matters necessary or desirable to carry out this part;
Prepare annually a budget for carrying out the plan;
Assure that the staff and professional services meet the standards that the Secretary adopts;
Submit to the mental health advisory committee and the governing body for the county an annual report on the county program, including an account of expenditures and an estimate of anticipated needs for the next year;
Facilitate the work of the county or intercounty mental health advisory committee; and
Perform any other duty necessary to carry out this part.
On or before January 1 each year, beginning in 2024, the Department shall report to the General Assembly, in accordance with § 2–1257 of the State Government Article, on:
The Resident Grievance System established under COMAR 10.21.14; and
The grievances that were received by the Resident Grievance System related to State facilities during the immediately preceding fiscal year.
The administrative head of any facility may appoint any employee as a law enforcement officer and, while the employee holds a special police commission issued by the Governor, the employee may:
Return an individual to the facility from which the individual escaped; and
Be used to protect individuals or property at the facility.
In this part, “private therapeutic group home” means a small private group home as defined in § 10–514(e) of this title that provides residential child care, as well as access to a range of diagnostic and therapeutic mental health services, to be identified under the requirements of § 10–924 of this subtitle, for children and adolescents who are in need of such treatments.
The Director shall:
Supervise the care and residential treatment of and the programs for children and adolescents that have mental disorders; and
Provide or encourage, by consultation, cooperation, or contract, all programs needed to ensure that children and adolescents are evaluated appropriately and provided community-based residential care.
The Secretary shall adopt rules and regulations that:
Ensure that a private therapeutic group home provides mental health care and treatment in accordance with this part; and
Require a private therapeutic group home:
To provide treatment for each child and adolescent in the home;
To coordinate the treatment in the home with the appropriate public or nonpublic educational program conducted outside of the home; and
To provide 24–hour supervision for each child and adolescent for the time that the child and adolescent are not participating in a program conducted outside of the home.
Application for placement of a child or adolescent in a private therapeutic group home may be made under this section by:
An individual who is 16 years old or older;
A parent or guardian on behalf of the child or adolescent;
With the consent of the parent or guardian of the child or adolescent, a psychiatrist or psychologist who treats the child or adolescent;
On behalf of a child or adolescent, a local department of social services that has custody or guardianship of the child or adolescent under § 3-819 of the Courts Article;
The Department of Education or the local education agency with the consent of a parent or guardian;
On behalf of a child or adolescent, the Department of Juvenile Services when the Department has custody or guardianship of the child or adolescent under § 3-819 of the Courts Article; or
The circuit court of a county sitting as the juvenile court.
The applicant shall submit a formal, written application to the Director that contains the personal information and is on the form required by the Administration.
A private therapeutic group home may not accept an individual under this section unless:
The individual is under the age of 18 years;
The individual has a mental disorder;
The individual, because of the mental disorder, requires residential services not available in the home;
The individual needs 24-hour supervision in a structured private therapeutic group home;
The individual is or should be receiving treatment for the mental disorder; and
There is no less restrictive form of treatment that is consistent with the welfare and safety of the child or adolescent.
Within 60 days after the Director receives an application for placement of a child or adolescent in a private therapeutic group home, the Director or the county health officer shall determine whether the child or adolescent meets the requirements for placement under this section.
If the Director or county health officer determines that the child or adolescent meets the requirements under this section, the Director or county health officer shall:
Approve the application for placement in a private therapeutic group home; and
Determine the date of placement in a private therapeutic group home in accordance with the plan submitted under § 10–925 of this subtitle.
Each private therapeutic group home shall make and periodically update a written plan of treatment for each individual in the home, in accordance with rules and regulations that the Director adopts.
The Director shall adopt appropriate rules and regulations to carry out the intent of this section in accordance with current professional practices.
The rules and regulations shall include:
A description of the nature and content of plans of treatment; and
Appropriate time periods for the development, implementation, and review of each plan.
On or before January 1, 1985, the Director shall prepare and submit a plan to the Governor, the President of the Senate, and the Speaker of the House.
The plan shall include:
The number of children and adolescents in need of placement in private therapeutic group homes;
The number, type, and location of private therapeutic group homes that are needed in the community for the treatment of these children and adolescents;
The resources and procedures that are necessary to establish the private therapeutic group homes;
The feasibility of transferring any resources of a State facility to any private therapeutic group home;
The summaries of the individual plans of treatment;
The schedule for the relocation of children and adolescents where plans indicate that a less restrictive placement is appropriate;
A plan for establishing, developing, and maintaining a system for monitoring community services; and
An evaluation by the Secretary of the feasibility of obtaining reimbursement, under Title XIX of the Social Security Act, for services to be provided to children and adolescents with mental disorders.
The Director shall:
Implement §§ 10–920 through 10–924 and 10–926 of this subtitle upon completion of the plan to be submitted under this section; and
Review and revise periodically the plan submitted under this section.
At least once a year, the Director, in conjunction with a county health officer, shall evaluate each private therapeutic group home.
The Director, in conjunction with a county health officer shall:
Prepare a written report of each evaluation; and
Distribute a copy of this report to each private therapeutic group home.
The Director shall keep at least 1 copy of the report.
The Secretary shall consider the report when renewing a license of any private therapeutic group home.
In this section, “Program” means the Language Assistance Services Pilot Program.
There is a Language Assistance Services Pilot Program.
The purpose of the Program is to:
Provide meaningful access to behavioral health care to children with limited English proficiency; and
Establish a competitive grant process for local behavioral health authorities to provide reimbursement to behavioral health providers for language assistance services, including interpretation and translation services to:
Children with limited English proficiency accessing and receiving behavioral health services; and
Parents and legal guardians coordinating the provision of behavioral health services and making health care decisions regarding the services on behalf of a child.
The Administration shall administer the Program.
The Administration shall implement the following requirements as part of administering the Program:
A requirement that a grantee document and report:
The number of children who received language assistance services broken down by primary language spoken;
The number of parents and legal guardians who received language assistance services broken down by primary language spoken; and
The number of language assistance services that were reimbursed broken down by the type of behavioral health service provided; and
A requirement that, to request and receive a reimbursement from a Program grantee, a health care provider must:
Be a licensed and accredited behavioral health provider; and
Have a current, written language access plan demonstrating how the provider ensures meaningful access to its programs and activities for individuals with limited English proficiency.
The language access plan required under subsection (e)(2)(ii) of this section shall:
Be provided to the grantee in addition to any request for reimbursement for language assistance services; and
Include:
A self–assessment of the circumstances under which the provider may encounter an individual with limited English proficiency;
A self–assessment of the number or proportion of individuals with limited English proficiency from each language group in the provider’s service area to determine appropriate language assistance services;
The provider’s procedure for identifying an individual’s primary language;
The provider’s procedure for providing language assistance services, including oral and written language assistance services;
The provider’s procedure for ensuring effective communication with individuals with limited English proficiency in languages encountered less frequently;
The provider’s plan for training staff on the provider’s policies and procedures; and
The provider’s procedure for providing notice of language assistance services at no cost to individuals with limited English proficiency.
For each of fiscal years 2025 and 2026, the Governor shall include in the annual budget bill an appropriation of $120,000 to the Program.
The Administration shall award, at a minimum, three grants of $30,000 each in each of fiscal years 2025 and 2026.
On or before December 1, 2025, 2026, and 2027, the Administration shall submit to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly a report on the implementation of the Program that includes:
The total number of individuals with limited English proficiency who received language assistance services broken down by jurisdiction;
The total number of children who received language assistance services broken down by primary language spoken;
The total number of parents and legal guardians who received language assistance services broken down by primary language spoken;
The total number of language assistance services that were reimbursed broken down by the type of behavioral health service provided; and
The total amount in grant money provided to each grantee during the immediately preceding fiscal year.