H.B. 943                                                 VETOES

BY repealing and reenacting, with amendments,
Article—Health—General
Section 15-103(b)(4) and (21)
Annotated Code of Maryland
(2000 Replacement Volume and 2003 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:, without the legislative
approval of the General Assembly:

(a)     the Secretary of Health and Mental Hygiene may not end the exclusion of
specialty mental health services from the program requiring Medical Assistance
Program recipients to enroll in managed care organizations; and

(b)     the Department of Health and Mental Hygiene may not contract with a
behavioral managed care organization to provide specialty mental health services.

Article—Health—General

15-103.

(a) (1) The Secretary shall administer the Maryland Medical Assistance
Program.

(b) (1) As permitted by federal law or waiver, the Secretary may establish a
program under which Program recipients are required to enroll in managed care
organizations.

(4) (i) The Secretary may exclude specific populations or services from
the program developed under paragraph (1) of this subsection.

(II) THE SECRETARY SHALL EXCLUDE SPECIALTY MENTAL HEALTH
SERVICES FROM THE PROGRAM DEVELOPED UNDER PARAGRAPH (1) OF THIS
SUBSECTION.

[(ii)] (III) For any populations or services excluded under this
paragraph, the Secretary may authorize a managed care organization, to provide the
services or provide for the population, including authorization of a separate dental
managed care organization or a managed care organization to provide services to
Program recipients with special needs.

(5) (i) Except for a service excluded by the Secretary under paragraph
(4) of this subsection, each managed care organization shall provide all the benefits
required by regulations adopted under paragraph (2) of this subsection.

(ii) For a population or service excluded by the Secretary under
paragraph (4) of this subsection, the Secretary may authorize a managed care
organization to provide only for that population or provide only that service.

(iii) A managed care organization may subcontract specified
required services to a health care provider that is licensed or authorized to provide
those services.

- 3200 -