884

LAWS OF MARYLAND

Ch. 21

OUT ITS DUTIES UNDER PART I OF THIS SUBTITLE AND THE FEDERAL
ACT; AND

(II) AS REQUIRED BY PART I OF THIS
SUBTITLE AND THE FEDERAL ACT, COORDINATE ITS ACTIVITIES WITH
THE STATE AGENCY.

(D) ACTION ON 5-YEAR PLAN BY COUNCIL.

(1)  AS EARLY AS POSSIBLE BUT AT LEAST 20 DAYS
BEFORE THE SECRETARY SUBMITS TO THE GOVERNOR THE ANNUAL
REVISION OF THE DEPARTMENT'S 5-YEAR PLAN, THE SECRETARY
SHALL SUBMIT THE PROGRAM AND BUDGETARY PRIORITIES PROPOSALS
IN THE PLAN TO THE COUNCIL FOR REVIEW AND COMMENT.

(2)  THE COUNCIL:

(I) SHALL SEND TO EACH HEALTH SYSTEMS
AGENCY FOR REVIEW AND COMMENT A COPY OF THE PROPOSED
BUDGETARY PRIORITIES THAT AFFECT THE HEALTH SERVICE AREA FOR
WHICH THE HEALTH SYSTEMS AGENCY IS RESPONSIBLE; AND

(II) AS SOON AS POSSIBLE, SHALL SUBMIT TO
THE SECRETARY ITS COMMENTS ON THE PROPOSED PROGRAM AND
BUDGETARY PRIORITIES.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Article
41, § 59H(a), (b), (c)(1) and (3), and (d)(1),
(2), and, as it related to the Council, (3), and,
as it related to the Council, § 59-I.

Former Article 41, § 59H(c)(2), which required
the Council to approve the State health plan, is
deleted as unnecessary in light of the reference
to duties under the Federal Act and as misleading
since the Council has other duties.

Defined terms: "Council" § 19-101
"Department" § 1-101 "Secretary" § 1-101
"Federal Act" § 19-101 "State agency" § 19-101
"Health systems agency" § 19-101

19-107. LIMITATIONS ON SECRETARY.

(A) PLANS, PROPOSALS, AND PROJECTS.

THE POWER OF THE SECRETARY OVER PLANS, PROPOSALS, AND
PROJECTS OF UNITS IN THE DEPARTMENT DOES NOT INCLUDE THE
POWER TO DISAPPROVE OR MODIFY ANY DECISION OR DETERMINATION
THAT THE STATE AGENCY OR COUNCIL MAKES UNDER AUTHORITY
SPECIFICALLY DELEGATED BY LAW TO THE STATE AGENCY OR
COUNCIL.

(B) STAFF, FUNCTIONS, AND FUNDS.