2013 Maryland Code
HEALTH - GENERAL
§ 10-1203 - Authority of Secretary; termination; funding

§10-1203.

(a) To the extent resources are available, the Secretary, after consultation with the Maryland Advisory Council on Mental Hygiene as established in Subtitle 3 of this title and federal requirements mandated under P.L. 99-660, may initiate the development of core service agencies as a mechanism for community planning, management, and financing of mental health services.

(b) When core service agencies are initiated, the Secretary shall:

(1) Define the priority populations to be served by the core service agencies, with a special emphasis on the provision of services to the seriously mentally ill populations;

(2) Define the essential mental health and associated support services to be provided under the auspices of the core service agencies;

(3) Define the essential administrative functions to be carried out by core service agencies; and

(4) Outline the requirements for the core service agencies’ governance structure.

(c) To assure the continuing provision of appropriate services, the Secretary shall:

(1) Annually review and may approve the core service agencies’ program plan;

(2) In conjunction with the appropriate authorities, establish and maintain a funding mechanism for the core service agencies which may include the allocation of funds for inpatient services;

(3) Develop a mechanism whereby any unexpended funds remaining at the end of the year shall remain with the core service agencies or the community providers;

(4) Establish procedures to facilitate intraagency and interagency linkages at State and local levels with the core service agencies; and

(5) Establish procedures within the Mental Hygiene Administration for a process regarding program, policy, or contract disputes that gives all community mental health programs regulated by the Administration the right to:

(i) Access the mediation process established by the Administration; and

(ii) If dissatisfied with the outcome of the mediation by the Administration, request a hearing with the Office of Administrative Hearings in accordance with Title 10, Subtitle 2 of the State Government Article.

(d) The Secretary may adopt regulations to carry out the provisions of this subtitle.

(e) If a core service agency violates any provision of this subtitle, the Secretary may deny approval of the core service agency and, after written notification of denial of approval, cease funding or request the return of unspent funds by the core service agency.

(f) If a county elects to terminate its core service agency, the county may do so upon 90 days’ written notice to the Secretary.

(g) The Secretary may not require a core service agency to provide services the Department does not provide funding for.