Read the full stored bill text
EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*sb0549*
SENATE BILL 549
J3, J1 6lr2607
By: Senator Charles
Introduced and read first time: February 4, 2026
Assigned to: Finance
A BILL ENTITLED
AN ACT concerning 1
Mental Health – Treatment Plans for Individuals in Facilities – Participation of 2
Family Members or Other Individuals 3
FOR the purpose of requiring certain facilit ies to inform individual s of certain rights 4
relating to the participation of a family member or other authorized individual in the 5
individual’s plan of treatment; requiring facilities to provide individuals and certain 6
third parties with a certain form and other certain information; requiring facilities 7
to recognize certain documents as an individual’s formal request to allow a certain 8
individual to participate in a certain plan; limiting the reasons for which a treating 9
provider is authorized to withhold information on an individual’s plan of treatment 10
from certain third parties; and generally relating to treatment plans for individuals 11
with mental disorders and third–party participation. 12
BY repealing and reenacting, with amendments, 13
Article – Health – General 14
Section 10–706 15
Annotated Code of Maryland 16
(2023 Replacement Volume and 2025 Supplement) 17
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 18
That the Laws of Maryland read as follows: 19
Article – Health – General 20
10–706. 21
(a) (1) Except as provided by paragraph (2) of this subsection, promptly after 22
admission of an individual, a facility shall make and periodically update a written plan of 23
treatment for the individual in the facility, in accordance with the provisions of this 24
subtitle. 25
2 SENATE BILL 549
(2) Promptly after admission of an individual to a psychosocial center, t he 1
center shall make and periodically update a written plan of rehabilitation for the individual 2
in the facility, in accordance with the provisions of this subtitle. 3
(b) The Director shall adopt rules and regulations under this section that include: 4
(1) Subject to subsection (d) of this section, a description of the nature and 5
content of plans of treatment; and 6
(2) Subject to subsection (e) of this section, appropriate time periods for the 7
development, implementation, and review of each plan. 8
(c) An individual shall: 9
(1) Participate, in a manner appropriate to the individual’s condition, in 10
the development and periodic updating of the plan of treatment; and 11
(2) Be told, in appropriate terms and language, of: 12
(i) The content and objectives of the plan of treatment; 13
(ii) The nature and significant possible adverse effects of 14
recommended treatments; 15
(iii) The name, title, and role of personnel directly responsible for 16
carrying out the treatment for the individual; and 17
(iv) When appropriate, other available alternative treatments, 18
services, or providers of mental health services. 19
(d) A plan of treatment shall include: 20
(1) A long–range discharge goal; and 21
(2) An estimate of the probable length of inpatient stay the individu al 22
requires before transfer to a less restrictive or intensive treatment setting. 23
(e) Facility staff who work directly with and provide treatment to an individual 24
shall review and reassess the plan of treatment for the individual to determine the 25
individual’s progress and any need for adjustments to the plan not less than: 26
(1) Once every 15 days for the first 2 months after admission of the 27
individual to the facility; and 28
(2) Once every 60 days for the remainder of the inpatient stay of the 29
individual in the facility. 30
SENATE BILL 549 3
(f) (1) On the admission of an individual to a facility, the facility shall: 1
(i) [Ask] INFORM THE INDIVIDUAL VERBALLY AND USING 2
PLAIN LANGUAGE OF THE INDIVIDUAL’S RIGHTS AS A PATIENT TO HAVE A FAMILY 3
MEMBER OR OTHER AUTH ORIZED IN DIVIDUAL BE INFORMED OF AND GIVEN THE 4
OPPORTUNITY TO PARTI CIPATE IN MEETINGS W ITH THE TREATMENT TE AM 5
REGARDING THE DEVELO PMENT, REVIEW, AND REASSESSMENT OF THE PLAN OF 6
TREATMENT OF THE INDIVIDUAL; 7
(II) USING A SEPARATE , PLAIN–LANGUAGE FORM , ASK the 8
individual whether the individual consents to family members or any other individuals 9
being informed of and given the opportunity to participate in meetings with the treatment 10
team regarding the development, review, and reassessment of the plan of treatment of the 11
individual; [and] 12
(III) IF CONSENT IS GIVEN UNDER ITEM (II) OF THIS PARAGRAPH, 13
PROVIDE THE INDIVIDU AL AND ANY FAMILY ME MBER OR OTHER INDIVI DUAL THE 14
INDIVIDUAL HAS AGREED TO ALLOW TO PARTICIPATE WITH A MODEL MENTAL 15
HEALTH ADVANCE DIRECTIVE FORM DEVELOPED BY THE DEPARTMENT AND 16
INFORMATION ON SUPPORTED DECISION–MAKING AGREEMENTS; AND 17
[(ii)] (IV) If consent is given under item [(i)] (II) of this paragraph, at 18
least every 7 days after consent is given, reconfirm the consent and provide the individual 19
at a clinical visit with an opportunity to consent to additional individuals being informed 20
of and given the opportunity to participate in meetings with the treatment team. 21
(2) If an individual agrees to have family members or other individuals 22
participate in the development, review, and reassessment of the individual’s plan of 23
treatment, the facility shall: 24
(i) Provide a schedule of routine treatment team meetings where 25
the plan of treatment is discussed; 26
(ii) Establish a process for the authorized individuals to participate 27
in treatment team meetings; 28
(iii) If the treatment team meeting is being held outside the regular 29
schedule, inform the authorized individuals as soon as the meeting is scheduled; and 30
(iv) If the treatment team meeting is being held due to an emergency, 31
inform the authorized individuals of the outcome of the meeting as soon as practicable. 32
(3) The individual may withdraw the consent given under paragraph (1) of 33
this subsection at any time orally or in writing. 34
4 SENATE BILL 549
(4) A treating provider may withhold information on an individual plan of 1
treatment from a family member or other authorized individual if: 2
(i) In the treating provider’s clinical judgment, the consent given 3
under paragraph (1) of this subsection was provided through coercive means; 4
(ii) The treating provider [believes it is in the best clinical interest 5
of] MAKES A SPECIFIC , WRITTEN FINDING IN THE INDIVID UAL’S PATIENT RECORD 6
THAT THE FAMILY MEMB ER’S OR OTHER AUTHORIZE D INDIVIDUAL’S PRESENCE IS 7
CAUSING DEMONSTRABLE EMOTIONAL OR PHYSICAL HARM TO the individual; or 8
(iii) The individual requests that a specific piece of the plan of 9
treatment be withheld. 10
(5) (I) SUBJECT TO SUBPARAGRAPH (II) OF THIS PARAGRAPH , IF 11
AN INDIVIDUAL HAS EXECUTED A MENTAL HEALTH ADVANCE DIRECTIVE, DURABLE 12
POWER OF ATTORNEY FOR HEALTH CARE , OR A SUPPORTED DECIS ION–MAKING 13
AGREEMENT, A FACILITY SHALL RECOG NIZE THE MENTAL HEALTH AD VANCE 14
DIRECTIVE, DURABLE POWER OF ATT ORNEY FOR HEALTH CARE , OR SUPPORTED 15
DECISION–MAKING AGREEMENT AS AN INDIVIDUAL ’S FORMAL REQUEST FOR A 16
FAMILY MEMBER OR OTH ER AUTHORIZED INDIVI DUAL TO PARTICIPATE IN TH E 17
DEVELOPMENT, REVIEW, AND RE ASSESSMENT OF THE IN DIVIDUAL’S PLAN OF 18
TREATMENT. 19
(II) A TREATING PROVIDER MA Y WITHHOLD INFORMATI ON ON 20
AN INDIVIDUAL PLAN O F TREATMENT FROM A F AMILY MEMBER OR OTHE R 21
AUTHORIZED INDIVIDUA L LISTED IN A MENTAL HEALTH ADVANC E DIRECTIVE , 22
DURABLE POWER OF ATTORNEY FOR HEALTH CARE , OR SUPPORTED 23
DECISION–MAKING AGREEMENT ONLY IF: 24
1. THE TREAT ING PROVIDER CONDUCTS A FORMAL 25
CAPACITY ASSESSMENT OF THE INDIVIDUAL; 26
2. THE TREAT ING PROVIDER FINDS THAT THE 27
INDIVIDUAL HAS CAPACITY; 28
3. THE INDIVIDUAL EXPLICITLY AND FORMA LLY 29
OBJECTS TO THE PARTICIPATION OF THE FAMILY MEMBER OR OTHER AUTHORIZED 30
INDIVIDUAL LISTED IN THE MENTAL HEALTH ADVANC E DIRECTIVE , DURABLE 31
POWER OF ATTORNEY FOR HEALTH CARE , OR SUPPORTED DECISIO N–MAKING 32
AGREEMENT; AND 33
SENATE BILL 549 5
4. THE FINDING OF CAPACI TY AND THE INDIVIDUA L’S 1
OBJECTION TO THE PARTICIPATION OF THE FAMILY MEMBER OR OTHER 2
AUTHORIZED INDIVIDUAL IS NOTED IN THE INDIVIDUAL’S PATIENT RECORD. 3
(g) (1) If an individual admitted to a facility or any family member or other 4
individual authorized by the individual to participate in the review and reassessment of 5
the plan of treatment for the individual under subsection (f) of this section believes that the 6
plan of treatment is not meeting the needs of the individual, the individual, family member, 7
or other authorized individual has the right to request that the facility review and reassess 8
the plan of treatment. 9
(2) On receipt of a request under paragraph (1) of this subsection, the 10
facility staff who work directly with and provide treatment to the individual shall: 11
(i) Conduct a review and reassessment of the plan of treatment; 12
(ii) Communicate the results of the review and reassessment of the 13
plan of treatment to the patient and individual who requested the review and 14
reassessment, including an explanation of how all issues raised in the request were 15
considered; and 16
(iii) Include the request for the review and reassessment of the plan 17
of treatment and the outcome of the review and assessment, including the explanati on of 18
the outcome, in the medical records of the individual. 19
(3) If a State facility does not make any changes to the plan of treatment 20
for the individual, the State facility shall provide referral information for the Resident 21
Grievance System established under COMAR 10.21.14. 22
(h) An individual admitted to a State facility or another individual authorized by 23
the admitted individual may request a reconsideration of the review and reassessment 24
completed under subsection (g) of this section by filing a gr ievance with the Resident 25
Grievance System under COMAR 10.21.14. 26
(i) (1) An individual admitted to a State facility or another individual 27
authorized by the admitted individual may appeal the reconsideration of the review and 28
reassessment completed under subsection (h) of this section by filing a request with the 29
Department’s Healthcare System’s Chief Medical Officer. 30
(2) The Department shall adopt regulations to establish a process for the 31
appeal of the reconsideration of the review and reassessment un der paragraph (1) of this 32
subsection. 33
(j) If an individual is admitted to a State facility and the State facility is unable 34
to provide the treatment necessary to address the rehabilitation needs of an individual 35
under a plan of treatment for the individual, the State facility shall: 36
6 SENATE BILL 549
(1) Make arrangements for the individual to receive necessary treatment 1
from another facility or other health care provider outside the State facility; and 2
(2) Ensure that treatment for the individual is coordinated between the 3
State facility and the other facility or health care provider. 4
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 5
October 1, 2026. 6