# COMAR Title 10 — Maryland Department of Health

## Subtitle 21 — Behavioral Health Regulations

### Chapter 31 — Maryland Mental Health AND Substance Use Disorder Registry and Referral System

**Authority:** Health-General Article, §7.5-802, Annotated Code of Maryland

**Administrative History:** Effective date:

**Administrative History:** Regulations .01—.05 adopted as an emergency provision effective January 27, 2023 (50:4 Md. R. 119); expired effective July 26, 2023

**Administrative History:** Regulations .01—.06 adopted effective June 24, 2024 (51:12 Md. R. 619)

#### Regulation .01 Purpose and Effective Date.

*COMAR 10.21.31.01*

Effective January 27, 2023, there is a Maryland Mental Health and Substance Use Disorder Registry and Referral System to provide a statewide system through which health care providers can identify and access available inpatient and outpatient mental health and substance use services for patients in a seamless manner.

#### Regulation .02 Scope.

*COMAR 10.21.31.02*

This chapter applies to:

A. Hospitals under Health-General Article, Title 19, Subtitle 3, Annotated Code of Maryland;

B. Freestanding medical facilities under Health-General Article, Title 19, Subtitle 3(a), Annotated Code of Maryland; and

C. Any other provider type designated by the Department by issuance of a transmittal sent to all designated providers.

#### Regulation .03 Definitions.

*COMAR 10.21.31.03*

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

  (1) “Department” means the Maryland Department of Health.

  (2) “Facility” means a hospital, freestanding medical facility, or provider designated by the Department.

  (3) “Hospital” means a general or special hospital licensed under Health-General Article, Title 19, Subtitle 3, Annotated Code of Maryland, and COMAR 10.07.01.

  (4) “Maryland Mental Health and Substance Use Disorder Registry and Referral System” or “Bed Registry and Referral System” means the system operated by the Department through which health care providers can identify and access available inpatient and outpatient mental health and substance use services for patients.

#### Regulation .04 Use.

*COMAR 10.21.31.04*

A facility shall:

A. Refer an individual who may require additional care coordination for inpatient, outpatient, or community-based behavioral health services, after undergoing an initial psychiatric evaluation, no later than 48 hours after arrival at the facility at a phone number or website address designated by the Department through written directives to implement the Bed Registry and Referral System; and

B. Provide all necessary patient information, including, but not limited to, diagnosis and level of care recommendations to the respective care coordination centers.

#### Regulation .05 Daily Reporting.

*COMAR 10.21.31.05*

A facility shall report current bed availability and census information, and any additional relevant information requested by the Department, to populate the inpatient psychiatric bed board as necessary to keep the information updated, but not less than three times per day, during the following periods:

A. 9 a.m. to 12 p.m.;

B. 1 p.m. to 3 p.m.; and

C. 4 p.m. to 7 p.m.

#### Regulation .06 Penalties.

*COMAR 10.21.31.06*

A. A hospital that violates this chapter is subject to the fines, penalties, and actions specified in Health-General Article, Title 19, Annotated Code of Maryland.

B. A provider who violates this chapter is subject to the fines, penalties, and actions specified in Health-General Article, Title 7.5, Annotated Code of Maryland, and COMAR 10.63.