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*hb1445*
HOUSE BILL 1445
J1 6lr2253
CF SB 742
By: Delegates Wolek, Bagnall , Barnes, Cullison, Foley, Forbes, Fraser –Hidalgo,
Guyton, Kaufman, Solomon, Spiegel, Stinnett, Vogel, Wims, Woorman, and
Young Young, Guzzone, Hill, Hutchinson, S. Johnson, Kipke, Lopez,
Martinez, Rosenberg, Taveras, and White Holland White Holland, and
Roberts
Introduced and read first time: February 13, 2026
Assigned to: Health
Committee Report: Favorable with amendments
House action: Adopted with floor amendments
Read second time: March 23, 2026
CHAPTER ______
AN ACT concerning 1
Maryland Medical Assistance Program and Developmental Disabilities 2
Administration – Home– and Community–Based Services Eligibility 3
Determinations 4
(Maryland Protecting People With Disabilities Act) 5
FOR the purpose of altering the time within which an individual receiving services from 6
the Developmental Disabilities Administration must appeal a loss of eligibility for 7
services; establishing requirements related to eligibility determinations and 8
redeterminations under the Maryland Medical Assistance Program; requiring the 9
Maryland Department of Health to provide certain accessible information to 10
Program recipients and any other individuals on request; prohibiting the 11
Department from procedurally disenro lling individuals from the Program or 12
home– and community–based services solely on a certain basis except under certain 13
circumstances; requiring the Department, subject to federal approval, to reserve 14
certain home– and community–based services waiver slot s for Program recipients 15
who lost eligibility under certain circumstances; and generally relating to 16
determinations of eligibility for home– and community–based services. 17
BY repealing and reenacting, with amendments, 18
Article – Health – General 19
Section 7–309(b) 20
2 HOUSE BILL 1445
Annotated Code of Maryland 1
(2023 Replacement Volume and 2025 Supplement) 2
BY repealing and reenacting, without amendments, 3
Article – Health – General 4
Section 15–101(a), (h), and (i) 5
Annotated Code of Maryland 6
(2023 Replacement Volume and 2025 Supplement) 7
BY adding to 8
Article – Health – General 9
Section 15–103.9 10
Annotated Code of Maryland 11
(2023 Replacement Volume and 2025 Supplement) 12
Preamble 13
WHEREAS, The landmark decision of the U.S. Supreme Court in Olmstead v. L.C. 14
ex rel. Zimring, 527 U.S. 581 (1999) affirmed that unjustified segregation of individuals 15
with disabilities constitutes discrimination in violation of Title II of the federal Americans 16
with Disabilities Act; and 17
WHEREAS, The Olmstead decision established that people with di sabilities have 18
the right to receive services in the most integrated setting appropriate to their needs and 19
that states must provide community –based services when such services are appropriate, 20
desired by the individual, and can be reasonably accommodated; and 21
WHEREAS, Individuals with intellectual and developmental disabilities are vital 22
members of Maryland’s communities, contributing meaningfully in workplaces, classrooms, 23
places of worship, neighborhoods, and civic life across the State; and 24
WHEREAS, The State of Maryland has demonstrated a longstanding commitment 25
to community inclusion by closing nearly all large public institutions for people with 26
intellectual and developmental disabilities and investing in supports that allow 27
Marylanders with disabilities to live, work, and thrive in the communities of their choosing, 28
with people they choose; and 29
WHEREAS, Despite this progress, barriers remain when administrative 30
inefficiencies and delays in Medicaid eligibility determinations or redeterminations cause 31
individuals to lose critical home – and community –based services or remain 32
institutionalized after they are medically ready for discharge; and 33
WHEREAS, Ensuring timely Medicaid eligibility determinations, preventing 34
procedural terminations, and prot ecting continuity of home – and community –based 35
services coverage are necessary to fulfill the promise of Olmstead and uphold Maryland’s 36
commitment to dignity, inclusion, and equality for all people with disabilities; and 37
HOUSE BILL 1445 3
WHEREAS, Maryland law requires th e Developmental Disabilities Administration 1
and the Department of Disabilities to compile statewide and regional data from written 2
plans of habilitation, including barriers to community placement, and to incorporate the 3
data annually into the State’s Olmst ead Plan together with recommendations for 4
addressing those barriers; now, therefore, 5
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 6
That the Laws of Maryland read as follows: 7
Article – Health – General 8
7–309. 9
(b) (1) An individual receiving Administration services who receives notice 10
from the Department that the individual has lost eligibility to receive Maryland Medical 11
Assistance Program services [shall have 90 days after the date on which the notification 12
letter was mailed to] MAY appeal the determination. 13
(2) If an individual appeals a loss of eligibility within the time period 14
required under [paragraph (1) of this subsection ] § 42 C.F.R. 431.231, Administration 15
services for the individual shall continue uninterr upted until the outcome of the appeal is 16
complete. 17
(3) The Department shall ensure that providers of Administration services 18
to an individual affected by a loss of eligibility are notified of the individual’s loss of 19
eligibility when notice is sent to the individual. 20
(4) The Department shall ensure that providers, including coordinators of 21
community services, have the ability to automatically exchange electronic data with the 22
Department through an application program interface with the Department’s Lo ng Term 23
Services and Supports software system. 24
15–101. 25
(a) In this title the following words have the meanings indicated. 26
(h) “Program” means the Maryland Medical Assistance Program. 27
(i) “Program recipient” means an individual who receives benefits under the 28
Program. 29
15–103.9. 30
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 31
INDICATED. 32
4 HOUSE BILL 1445
(2) “EX PARTE REDETERMINAT ION” MEANS A PROCESS BY W HICH 1
THE DEPARTMENT DETERMINES A PROGRAM RECIPIENT ’S ELIGIBILITY TO 2
CONTINUE TO RECEIVE SERVICES USING EXISTING DATA, WITHOUT REQUIRING THE 3
PROGRAM RECIPIENT TO SUBMIT ADDITIONAL INFORMATION. 4
(3) “HOME– AND COMMUNITY –BASED SERVICES ” MEANS SERVICES 5
AUTHORIZED UNDER A MEDICAID STATE PLAN OPTION OR WAIVER UNDER § 1115 6
OR § 1915(C), (I), OR (K) OF THE FEDERAL SOCIAL SECURITY ACT. 7
(4) “PROCEDURAL DISENROLLMENT” MEANS THE TERMINATION OF A 8
PROGRAM RECIPIENT ’S E LIGIBILITY TO RECEIV E SERVICES BASED ON REASONS 9
RELATED TO THE RENEW AL PROCESS AND NOT O N A DETERMINATION OF 10
INELIGIBILITY. 11
(B) THE DEPARTMENT SHALL COMP LY WITH THE REQUIREM ENTS OF 42 12
C.F.R. § 435.912 RELATED TO THE TIMEL Y DETERMINATION AND 13
REDETERMINATION OF PROGRAM ELIGIBILITY , INCLUDING PROCESSING AN 14
APPLICATION: 15
(1) IF A DETERMINATION OF DISABILITY IS NOT RE QUIRED, WITHIN 16
45 DAYS AFTER THE RECEIPT OF THE APPLICATION; AND 17
(2) IF A DETERMINATION OF DISABILITY IS REQUIR ED, WITHIN 90 18
DAYS AFTER THE RECEIPT OF THE APPLICATION. 19
(C) THE DEPARTMENT SHALL COND UCT EX PARTE REDETER MINATIONS 20
AND USE ALL PROCEDURES AUTHORIZED UNDER 42 C.F.R. § 435.916 TO PREVENT 21
PROCEDURAL DISENROLL MENT OF INDIVIDUALS RECEIVING HOME – AND 22
COMMUNITY–BASED SERVICES. 23
(D) IN ACCORDANCE WITH 42 C.F.R. § 435.905 AND SUBJECT TO 24
SUBSECTION (E) OF THIS SECTION , THE DEPARTMENT SHALL PROV IDE, IN 25
ELECTRONIC AND PAPER FORMATS, AND ORALLY AS APPROPRIATE AN 26
ACCOMMODATION, THE FOLLOWING INFORMATION TO ALL APPLICANTS AND OTHER 27
INDIVIDUALS ON REQUEST: 28
(1) REQUIREMENTS FOR PROGRAM ELIGIBILITY; 29
(2) AVAILABLE PROGRAM SERVICES; AND 30
(3) THE RIGHTS AND RESPON SIBILITIES OF APPLIC ANTS AND 31
PROGRAM RECIPIENTS. 32
HOUSE BILL 1445 5
(E) (1) THE DEPARTMENT SHALL PROV IDE THE INFORMATION 1
REQUIRED UNDER SUBSECTION (D) OF THIS SECTION IN PLAIN LANGUAGE AND IN A 2
MANNER THAT IS TIMELY AND ACCESSIBLE TO INDIVIDUALS WHO ARE: 3
(I) LIMITED ENGLISH PROFICIENT THROUGH THE PROVISION 4
OF LANGUAGE SERVICES , INCLUDING ORAL INTER PRETATION AND WRITTE N 5
TRANSLATIONS, AT NO COST TO THE INDIVIDUAL; OR 6
(II) LIVING WITH DISABILIT IES THROUGH THE PROV ISION OF 7
AUXILIARY AIDS AND S ERVICES AT NO COST T O THE INDIVIDUAL IN ACCORDANCE 8
WITH THE FEDERAL AMERICANS WITH DISABILITIES ACT AND § 504 OF THE 9
FEDERAL REHABILITATION ACT OF 1973. 10
(2) THE DEPARTMENT SHALL PROVIDE TAGLINES IN NON –ENGLISH 11
LANGUAGES TO INFORM INDIVIDUALS OF: 12
(I) THE AVAILABILITY OF THE ACCESSIBLE INFORMATION AND 13
LANGUAGE SERVICES UNDER THIS SECTION; AND 14
(II) HOW TO ACCESS THE INFORMATION AND SERVICES. 15
(F) IF THE DEPARTMENT DETERMINES THAT THE INFORMATION 16
NECESSARY TO CONFIRM A PROGRAM RECIPIENT’S ELIGIBILITY TO CON TINUE TO 17
RECEIVE SERVICES IS INCOMPLETE, THE DEPARTMENT SHALL CONT INUE TO 18
PROVIDE THE HOME – AND COMMUNITY –BASED SERVICES AND O THER SERVICES 19
UNDER THE PROGRAM UNTIL THE PROGRAM RECIPIENT HAS EXHAUSTED ALL DUE 20
PROCESS RIGHTS AND A FINAL DETERMINATION IS ISSUED. 21
(G) (1) IF A PROGRAM RECIPIENT IS PROCEDURALLY DISENRO LLED 22
FROM HOME – AND COMMUNITY –BASED SERVICES DUE T O A FAILURE BY THE 23
DEPARTMENT TO REDETERMINE ELIGIBILITY IN A TIMELY MANNER AND THE DELAY 24
IN THE REDETERMINATION WAS NO FAULT OF THE PROGRAM RECIPIENT AFTER THE 25
RECIPIENT HAS TIMELY RETURNED INFORMATION REQUIRED UNDER 42 C.F.R § 26
435.916(B)(2)(1)(B) AND 42 C.F.R § 435.952(C), THE DEPARTMENT SHALL 27
REINSTATE THE PROGRAM RECIPIENT ’S ELIGIBILITY AND TH E PROVISION OF 28
HOME– AND COMMUNITY –BASED SERVICES AND A UTHORIZE ENROLLMENT 29
RETROACTIVELY TO THE DATE OF DISENROLLMENT PENDING THE DEPARTMENT’S 30
COMPLETION OF THE REDETERMINATION PROCESS. 31
(2) THIS SUBSECTION MAY N OT BE CONSTRUED TO L IMIT THE 32
DEPARTMENT’S AUTHORITY OR DIMINISH THE DEPARTMENT’S RESPONSIBILITY TO 33
REINSTATE THE ELIGIB ILITY OF AND THE PRO VISION OF HOME – AND 34
COMMUNITY–BASED SERVICES TO A PROGRAM RECIPIENT WHO HAS BEEN 35
6 HOUSE BILL 1445
DISENROLLED FOR A REASON OTHER THA N A FAILURE BY THE DEPARTMENT TO 1
REDETERMINE ELIGIBILITY IN A TIMELY MANNER. 2
(H) (G) SUBJECT TO FEDERAL AP PROVAL, THE DEPARTMENT SHALL 3
RESERVE A PORTION OF THE PAR TICIPANT CAPACITY IN THE HOME– AND 4
COMMUNITY–BASED SERVICES WAIVER UNDER § 1915(C) OF THE FEDERAL SOCIAL 5
SECURITY ACT WAIVERS FOR SERVICES NEEDED BY PROGRAM RECIPIENTS WI TH 6
DEVELOPMENTAL DISABILITIES WHO: 7
(1) WERE DISENROLLED FROM THE MARYLAND MEDICAID HOME 8
AND COMMUNITY–BASED SERVICES WAIVER PROGRAM ON OR AFTER JANUARY 1, 9
2024; 10
(2) HAVE HAD PROGRAM ELIGIBILITY REINSTATED; AND 11
(3) HAVE REQUESTED THE REINSTATEMENT OF WAIVER SERVICES. 12
(I) THE DEPARTMENT MAY NOT PLACE AN INDIVIDUAL ON A WAITING LIST 13
OR REQUIRE A NEW WAI VER APPLICATION IF T HE DISENROLLMENT OF THE 14
INDIVIDUAL RESULTED FROM A DELAY OR AN ERROR BY THE DEPARTMENT. 15
(J) (H) (1) THE DEPARTMENT MAY NOT PR OCEDURALLY DISENROLL 16
AN INDIVIDUAL FROM THE PROGRAM OR HOME– AND COMMUNITY–BASED SERVICES 17
SOLELY BASED ON MISS ING DOCUMENTATION , A MISSING SIGNATURE , OR 18
INCOMPLETE INFORMATION UNLESS THE DEPARTMENT HAS: 19
(I) EXHAUSTED ALL EX PART E VERIFICATION PROCE SSES 20
REQUIRED UNDER 42 C.F.R. § 435.916; 21
(II) PROVIDED A CLEAR, SPECIFIC, AND ACCESSIBLE WRITTEN 22
NOTICE IDENTIFYING THE EXACT INFORMATION REQUIRED; AND 23
(III) PROVIDED THE PROGRAM RECIPIENT WITH A REASONABLE 24
OPPORTUNITY TO SUPPLY THE INFORMATION; AND 25
(IV) VERIFIED THAT THE IND IVIDUAL RECEIVED THE NOTICE 26
REQUIRED UNDER ITEM (II) OF THIS PARAGRAPH AN D DOCUMENTED THE 27
VERIFICATION. 28
(2) IF THE DEPARTMENT VIOLATES PARAGRA PH (1) OF THIS 29
SUBSECTION, A PROGRAM RECIPIENT’S HOME– AND COMMUNITY–BASED SERVICES 30
SHALL CONTINUE WITHOUT INTERRUPTION. 31
HOUSE BILL 1445 7
(K) (I) IF THE DEPARTMENT DISENROLLS A PROGRAM RECIPIENT IN 1
VIOLATION OF THIS SECTION, THE DEPARTMENT SHALL: 2
(1) AUTOMATICALLY REINSTA TE PROGRAM AND HOME – AND 3
COMMUNITY–BASED SERVICES RETRO ACTIVE TO THE DATE O F DISENROLLMENT ; 4
AND 5
(2) TREAT THE PROGRAM RECIPIENT AS CONTINUOUSLY ENROLLED. 6
SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 7
as follows: 8
Article – Health – General 9
15–103.9. 10
(L) (J) (1) ON OR BEFORE JANUARY 1, 2027, AND QUARTERLY 11
THEREAFTER, THE DEPARTMENT SHALL: 12
(I) SUBMIT TO THE GENERAL ASSEMBLY, IN ACCORDANCE 13
WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, A REPORT REGARD ING 14
PROGRAM RECIPIENTS WH O RECEIVE HOME – AND COMMUNITY–BASED SERVICES; 15
AND 16
(II) POST EACH REPORT SUBM ITTED UNDER ITEM (I) OF THIS 17
PARAGRAPH ON THE DEPARTMENT’S WEBSITE. 18
(2) THE REPORTS REQUIRED UNDER PARAGRAPH (1) OF THIS 19
SUBSECTION SHALL INCLUDE: 20
(I) THE TOTAL NUMBER OF PROGRAM RECIPIENTS FOR WHOM 21
A REDETERMINATION OF ELIGIBILITY WAS INITIATED; 22
(II) THE TOTAL NUMBER OF PROGRAM RECIPIENTS FOR WHOM 23
PROGRAM COVERAGE IS RENEWED; 24
(III) OF THE PROGRAM RECIPIENTS WH OSE ELIGIBILITY IS 25
RENEWED, THE TOTAL NUMBER WHOSE COVERAGE WAS RENEWED BASED ON AN EX 26
PARTE REDETERMINATION; 27
(IV) THE TOTAL NUMBER OF PROGRAM RECIPIENTS WH OSE 28
ELIGIBILITY WAS REIN STATED IN ACCORDANCE WITH SUBSECTION (F) OF THIS 29
SECTION; 30
8 HOUSE BILL 1445
(IV) (V) THE TOTAL NUMBER OF PROGRAM R ECIPIENTS 1
WHOSE ELIGIBILITY WAS TERMINATED; 2
(V) (VI) THE TOTAL NUMBER OF PROGRAM RECIPIENTS 3
WHOSE ELIGIBILITY WAS TERMINATED FOR PROCEDURAL REASONS; 4
(VII) THE TOTAL NUMBER OF PROGRAM RECIPIENTS WH OSE 5
ELIGIBILITY WAS TERM INATED DUE TO A FAIL URE BY T HE DEPARTMENT TO 6
REDETERMINE ELIGIBILITY IN A TIMELY MANNER; AND 7
(VI) (VIII) THE MEAN AND MEDIAN P ROCESSING TIMES FOR 8
REDETERMINATIONS OF ELIGIBILITY. 9
SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 10
October 1, 2026. Section 2 of this Act shall remain effective for a period of 3 years and, at 11
the end of September 30, 2029, Section 2 of this Act, with no further action required by the 12
General Assembly, shall be abrogated and of no further force and effect. 13
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.