Maryland HB 962: Public Health - Pediatric Hospital Overstay Patients and Workgroup on Children in Unlicensed Settings and Pediatric Overstays

Bill Text

WES MOORE, Governor Ch. 479

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Chapter 479
(House Bill 962)

AN ACT concerning

Public Health – Pediatric Hospital Overstay Patients and Workgroup on
Children in Unlicensed Settings and Pediatric Overstays

FOR the purpose of specifying that the scope of the Maryland Mental Health and Substance
Use Disorder Registry and Referral System includes both private and State inpatient
and outpatient mental health and substance use services; requiring the Maryland
Department of Health, in coordination with and the Department of Human Services,
under certain circumstances, to ensure pediatric hospital overstay patients are
placed in the least restrictive setting when clinically indicated and when possible;
authorizing a hospital to concurrently explore in–State and out–of–state placements
for pediatric hospital overstay patients; establishing the requiring the Maryland
Department of Health and the Department of Human Services to establish a
Pediatric Hospital Overstay Coordinator within the Governor’s Office for Children;
requiring the Maryland Department of Health to conduct a certain study and review
of residential treatment center and respite facility rates; each department;
establishing the Workgroup on Children in Unlicensed Settings and Pediatric
Overstays in the State; and generally relating to pediatric hospital overstay patients
and children in unlicensed settings.

BY repealing and reenacting, with amendments,
Article – Health – General
Section 7.5–802(a) and (d)
Annotated Code of Maryland
(2023 Replacement Volume and 2024 Supplement)

BY adding to
Article – Health – General
Section 19–388 through 19–390 to be under the new part “Part XII. Pediatric
Overstay”
Annotated Code of Maryland
(2023 Replacement Volume and 2024 Supplement)

BY repealing and reenacting, with amendments,
Article – State Government
Section 9–2801
Annotated Code of Maryland
(2021 Replacement Volume and 2024 Supplement)

BY adding to
Article – State Government
Section 9–2806

Ch. 479 2025 LAWS OF MARYLAND

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Annotated Code of Maryland
(2021 Replacement Volume and 2024 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:

Article – Health – General

7.5–802.

(a) (1) There is a Maryland Mental Health and Substance Use Disorder
Registry and Referral System in the Department.

(2) The purpose of the Registry and Referral System is to provide a
statewide system through which health care providers can identify and access available
PRIVATE AND STATE inpatient and outpatient mental health and substance use services
for patients in a seamless manner.

(3) Subject to the availability of funds, the Department shall develop and
implement the Registry and Referral System, in collaboration with the State–designated
Health Information Exchange.

(4) The Registry and Referral System shall include:

(i) A searchable inventory of any PRIVATE OR STATE provider of
mental health and substance use disorder services, including inpatient, crisis, and
outpatient services;

(ii) The capability to allow a provider of mental health and substance
use disorder services to update registry information including the real–time availability of
services; and

(iii) An electronic referral system that is available to any health care
provider in the State to facilitate electronic referrals to mental health and substance use
disorder providers.

(d) Each PRIVATE AND STATE hospital shall ensure the availability of staff to
identify appropriate and available services for patients in the hospital who are in need of
mental health or substance use disorder services and to assist the patient in accessing the
services.

19–386. RESERVED.

19–387. RESERVED.

PART XII. PEDIATRIC OVERSTAY.

WES MOORE, Governor Ch. 479

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19–388.

(A) IN THIS PART, “PEDIATRIC HOSPITAL THE FOLLOWING WORDS HAVE
THE MEANINGS INDICATED.

(B) “COORDINATORS” MEANS THE PEDIATRIC OVERSTAY COORDINATOR IN
THE DEPARTMENT AND THE PEDIATRIC OVERSTAY COORDINATOR IN THE
DEPARTMENT OF HUMAN SERVICES.

(C) “PEDIATRIC HOSPITAL OVERSTAY PATIENT” MEANS A PATIENT UNDER
THE AGE OF 22 YEARS WHO REMAINS IN AN INPATIENT UNIT OR EMERGENCY
DEPARTMENT OF A HOSPITAL FOR MORE THAN 24 48 HOURS AFTER BEING
MEDICALLY CLEARED FOR DISCHARGE OR TRANSFER.

19–389.

(A) (1) THE DEPARTMENT, IN COORDINATION WITH THE DEPARTMENT
OF HUMAN SERVICES, EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS
SUBSECTION, THE DEPARTMENT SHALL ENSURE THAT A PEDIATRIC HOSPITAL
OVERSTAY PATIENT IS TRANSFERRED TO AND TREATED IN THE LEAST RESTRICTIVE
SETTING WHEN CLINICALLY INDICATED AND WHEN POSSIBLE.

(2) THE DEPARTMENT OF HUMAN SERVICES, IN COORDINATION WITH
THE DEPARTMENT, SHALL ENSURE THAT A PEDIATRIC HOSPITAL OVERSTAY
PATIENT WHO IS A CHILD COMMITTED TO THE CARE AND CUSTODY OF THE
DEPARTMENT OF HUMAN SERVICES IS TRANSFERRED TO AND TREATED IN THE
LEAST RESTRICTIVE SETTING WHEN CLINICALLY INDICATED AND WHEN POSSIBLE.

(B) IF A PEDIATRIC HOSPITAL OVERSTAY PATIENT REMAINS IN THE
HOSPITAL FO