2013 Maryland Code
HEALTH - GENERAL
§ 10-1202 - Powers and duties, organizations, etc

§10-1202.

(a) A core service agency shall:

(1) Be an agent of a county or Baltimore City government which may include a local health department;

(2) Unless an exception is requested by an individual county and is granted by the Secretary, serve a county or counties with an estimated population of over 80,000 people;

(3) Either purchase services or provide the services directly;

(4) Annually submit a program plan to the secretaries of the affected State departments for review and to the Secretary for approval; and

(5) Meet the standards required under this subtitle and, as needed, the rules and regulations set by the Secretary.

(b) A core service agency may not be a for-profit entity.

(c) Each core service agency shall function under the Secretary’s authority.

(d) Once established in a jurisdiction, the core service agency shall:

(1) Submit, on an annual basis, a program plan to the Secretary for approval;

(2) Incorporate in its method of governance a mechanism for the local county mental health advisory committee or joint mental health and substance abuse committee to serve as the advisory committee to the core service agency and, if serving more than 1 unit of government, a method of representation serving those jurisdictions;

(3) Implement guidelines developed by the Secretary which establish or designate the local mental health advisory committee’s authority to advise and assist in the planning and evaluation of the publicly funded mental health services;

(4) In accordance with guidelines developed by the Secretary, develop planning, management, and accountability mechanisms for the delivery of services including:

(i) Case management;

(ii) Data collection which satisfies the Department’s requirements for client tracking and incorporates clear outcome measures to enable the local entity to govern itself and monitor and evaluate the system; and

(iii) A yearly summary which includes at a minimum:

1. Relevant financial statements; and

2. Program evaluation reports which articulate the core service agency’s ability to identify the outcomes of services provided for the target populations and the effects of those services on program planning for the target population;

(5) As an agent of county government, function in any of the following organizational structures:

(i) A unit of county or Baltimore City government;

(ii) A local health department;

(iii) A quasi-public authority; or

(iv) A private, nonprofit corporation;

(6) Be authorized to screen individuals for whom voluntary or involuntary admission is being initiated to determine whether a less restrictive alternative can be provided; and

(7) Provide clear guidelines to avoid either the appearance or occurrence of conflicts of interest in the direction and operation of the core service agency or organizations which provide mental health services.

§ 10-1202 - 1. Quasi-public authority in Howard County

(a) Applicability. -- This section applies only to Howard County.

(b) Purpose; effect. --

(1) The purpose of this section is to authorize the establishment of a quasi-public authority which may be activated by Howard County, if the county decides to designate a quasi-public authority as the core service agency to perform the duties imposed under this subtitle.

(2) This section has no effect on any other form of core service agency, whether it is a unit of Howard County government, a local health department, or a private, nonprofit corporation.

(c) Scope of authority. --

(1) If activated as a quasi-public authority by an ordinance or resolution of the governing body of Howard County, there is established a quasi-public authority in Howard County.

(2) The quasi-public authority shall:

(i) Serve as the core service agency for the jurisdiction; and

(ii) Be a public body, corporate and politic.

(d) Activating ordinance. -- The local ordinance activating the quasi-public authority shall include the following:

(1) The name of the quasi-public authority;

(2) The method of appointing individuals to the authority, including whether or not appointments require approval of the chief elected official of the jurisdiction and the legislative body of the jurisdiction;

(3) The number of members of the authority;

(4) The terms of members;

(5) The duties and powers of the authority in accordance with the provisions of this subtitle; and

(6) Specific terms governing the operation of the authority, including, but not limited to financial reporting, budgetary, and personnel requirements, provided that these specific terms may not add powers to the authority which are not included under this subtitle.

(e) Tax exemption. -- The quasi-public authority is exempt from taxation by the State and the county.

(f) Notice to Secretary. -- Howard County shall send to the Secretary a copy of any ordinance or resolution activating a quasi-public authority which will serve as a core service agency.