In this subtitle the following words have the meanings indicated. “Advisory Group” means the Maryland Interested Parties Advisory Group established under § 15–1202 of this subtitle and required under 42 C.F.R. § 447.203. “Applicable service categories” means homemaker services, home health aide services, personal care services, and habilitation services. “Consumer” means an applicant for, a recipient of, or an individual eligible for Medicaid home– and community–based services, or the individual’s authorized representative. “Consumer organization” means a State or local consumer advocacy group or other community–based organization that represents the interests of, or provides direct services to, consumers of Medicaid home– and community–based services. “Direct care worker” means an individual: Employed by a Medicaid provider, State agency, or third party; Who contracts with a Medicaid provider, State agency, or third party; Delivering services under a self–directed services delivery model; or Who is paid to provide home– and community–based services through an applicable service category. “Home– and community–based services” means Medicaid home– and community–based services delivered through the State plan, a waiver under § 1915(c) of the federal Social Security Act, a managed care program, or other demonstration program. “Personal care” has the meaning stated under § 19–301 of this article. “Provider association” means a trade association that represents direct care employers. “Worker organization” means an organization that: Is exempt from federal income taxation under §§ 501(c)(3) through (6) of the Internal Revenue Code; Is not dominated, controlled, or funded by a direct care employer; and Has at least 2 years of demonstrated experience engaging with and advocating for direct care workers.

There is a Maryland Interested Parties Advisory Group within the Department. The primary purpose of the Advisory Group is to advise and consult on Medicaid payment rate sufficiency, ensuring adequate access to applicable service categories.

The Advisory Group consists of: The Deputy Secretary of Health Care Financing, or the Deputy Secretary’s designee; The Secretary of Labor, or the Secretary’s designee; and The following members appointed by the Deputy Secretary of Health Care Financing, or the Deputy Secretary’s designee: Three consumers; Two representatives of consumer organizations; Three direct care workers; Two representatives of worker organizations; and Three representatives of provider associations, of whom: Two shall be representatives of a residential service agency; and One shall be a representative of an employer trade association. To the extent practicable, the members appointed to the Advisory Group shall reflect the diversity of lived experience with disability, as well as the geographic, racial, ethnic, cultural, gender, sexual orientation, gender identity, gender expression, age, and socioeconomic diversity of the State. The Deputy Secretary of Health Care Financing, or the Deputy Secretary’s designee, shall establish an application process that is accessible to the general public for the recruitment of members. The application and criteria for selection shall be published on the Department’s website. The Deputy Secretary of Health Care Financing, or the Deputy Secretary’s designee, shall chair the Advisory Group. The Department shall provide staff and support for the Advisory Group, including appropriate logistical and informational support to ensure meaningful participation of direct care workers and consumers in the Advisory Group. The Secretary may remove or suspend a member of the Advisory Group for misconduct, incompetence, or neglect of duties after an opportunity for the member to be heard. A member of the Advisory Group: May not receive compensation as a member of the Advisory Group; but Is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget. Beginning November 1, 2025, the Advisory Group shall meet annually. Meeting dates, times, and locations shall be selected to maximize member attendance.

The Department shall establish standardized procedures for the administration of the Advisory Group and make the procedures available to the public on a dedicated page of the Department’s website. The dedicated page on the Department’s website shall also include: A list of current Advisory Group members; The application process and selection criteria for Advisory Group members; The location, date, and time of each Advisory Group meeting with at least 30 calendar days’ advance notice; Options for virtual participation in meetings of the Advisory Group; Procedures to ensure meaningful participation for individuals with disabilities and limited English proficiency; A notation of at which meetings the general public will have an opportunity to testify or make comments; and In accordance with the Open Meetings Act, the agenda and meeting minutes of the previous meeting of the Advisory Group, including a list of meeting attendees. The Department shall provide sufficient data and resources at least 30 days in advance of a meeting to support informed participation in Advisory Group discussions, including: Current and proposed payment rates; Federally required information, including: Home– and community–based services payment transparency reports; Payment adequacy reports as required under 42 C.F.R. § 441.311(e); and Access–to–care data, as required under 42 C.F.R. § 441.311(d)(2); Bureau of Labor Statistics publicly available wage data and other labor market and workforce data; Benchmarking and rate studies for home– and community–based services conducted by the Department; Rate information from neighboring or similarly situated states; and Access–to–care metrics, including: The number of consumers receiving applicable services; and The number of utilization hours for applicable service categories.

The Advisory Group shall: Evaluate the sufficiency of Medicaid payment rates for applicable service categories; and Evaluate challenges to accessing care for applicable Medicaid home– and community–based services. On or before September 1 each year, beginning in 2026, the Advisory Group shall report its activities and recommendations to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly. Any recommendations adopted by the Advisory Group must receive a majority vote. The Department shall post the report to the Department’s website within 30 days after the report has been finalized. The Advisory Group may hold opportunities to solicit and collect testimony from the public and invite input from employer organizations, worker organizations, consumer advocacy groups, and other stakeholders in the direct care industry. An employer or State agency may not take retaliatory action against a direct care worker or consumer for participation in the Advisory Group. This section does not limit the rights of direct care workers under State or federal employment or labor law, or collective bargaining agreements.