SELLINGER AID TO INDEPENDENT COLLEGES AND UNIVERSITIES
This week, the House Appropriations Subcommittee on Education and Economic Development and the Senate
Budget and Taxation Subcommittee on Education, Business, and Administration held hearings on Sellinger
Aid to Independent Colleges and Universities. In the House, Tina Bjarkell, President of MICUA, Dr. Steven
Knapp, JHU Provost, and Joan Coley, President of McDaniel College testified, and before the Senate, John Toll,
President of Washington College, testified.
The Department of Legislative Services proposed a reduction to the Sellinger Formula aid by $22,470,330 to
recognize only Maryland residents since the public institutions require out-of-state students to pay tuition
equal to the full cost of education, and believe the nonpublic institutions should be treated in an equitable
manner. For Johns Hopkins, that amounts to an $11,728,700 reduction.
In the House, Tina Bjarkell provided the history of Sellinger and directly addressed the concerns of the analysts.
Joan Coley focused on the important social, cultural and community impacts of Independent Institutions in their
communities. Dr. Knapp focused on the economic impact of the institutions along with the devastating impact that
limiting Sellinger to in-state students would have on the research enterprise of Johns Hopkins and the huge economic
hit to the State of Maryland.
In the Senate, Senator McFadden posed questions and statements to the MICUA panel suggesting that although the
analyst's recommendations may be steep, the independents are obligated to consider giving up a sizable portion
of the Sellinger funding to help the State through its fiscal crisis. Additionally, comments were made by the
Subcommittee Chairman Patrick Hogan alluding to the fact that parents of students attending public institutions
of higher education were having a difficult time understanding why support is being given to private colleges and
universities during a time when the tuition at their schools are rising, layoffs are looming and the out-year
forecasts are not positive.
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BILLS INTRODUCED
Health Care Practitioners
Pharmaceuticals
Taxes
Miscellaneous
BILLS INTRODUCED
Health Care Practitioners
HB0083
Insurance - Professional Liability Insurers - Reporting Requirements
This bill requires the insurers of professional liability insurance for a health care provider to
submit information to the Maryland Insurance Commissioner. The information shall include:
1. Nature and costs of reinsurance
2. Claims experience by category of health care provider
3. Amount of claims settlements and claims awards
4. Amount of reserves for claims incurred and incurred but non-reported claims
5. Number of structured settlements used in payments of claims
6. Any other information relating to health malpractice claims as prescribed by the Commissioner.
The Insurance Commissioner is to report annually to the Legislative Policy Committee of the
General Assembly before September 1, on the availability of health care malpractice and other
liability insurance in the State.
Effective Date: October 1, 2003 (Sunset September 30, 2008)
For more information, please contact:
Jim Kaufman
[ Go to Bills Introduced]
Miscellaneous
SB0031
Informal Kinship Care - Consent to Health Care on Behalf of a Child
This bill allows a relative who is providing kinship care for a child to consent to health care
services on behalf of the child, if the court has not appointed a guardian, and the relative verifies
the kinship care through a sworn affidavit. The affidavit is required to include information such
as name and age of the child, nature of serious family hardship that has lead to the kinship care,
and the relationship between the child and relative providing care.
Affidavit forms are required to be available at the local department of education and department
of health. The affidavit must be filed annually with the local department of social services. The
relative is to notify the department within 30 days of any changes in the care of the child,
serious family hardship, or relative providing care. A copy of the affidavit shall be provided to
the health care provider treating the child.
Effective Date: October 1, 2003
For more information, please contact:
Jim Kaufman
[ Go to Bills Introduced]
Pharmaceuticals
SB0048
Controlled Dangerous Substances - Dispensing Monitoring Program
This bill requires the Department of Health and Mental Hygiene (DHMH) to establish a program to
monitor controlled dangerous substances listed in Schedules II, III, IV, and V that are dispensed
by an authorized provider in Maryland, or to an address in the State by a licensed pharmacy.
In a timely manner, each dispenser shall report data in the electronic format specified by DHMH
that will include:
1) patient identifier,
2) drug dispensed,
3) date of dispensing,
4) quantity dispensed,
5) prescriber's name,
6) dispenser's name, and
7) any other information that the Department requires.
Data may be provided to the following: a designated representative of a Board responsible for
licensing, regulation, or discipline of an authorized provider; individuals involved in a specific
investigation; a state, federal, or local officer responsible for enforcing laws relative to drugs and
is engaged in an investigation involving a specific person; a State operated Medicaid program; in
response to a properly issued subpoena in a criminal investigation or prosecution; and authorized
providers who request information for the purpose of providing medical or pharmaceutical
treatment to a current patient.
Reporting is not required if a drug is administered directly to a patient and a drug dispensed at a
facility if the quantity is limited to an amount adequate to treat a patient not more than 48 hours.
The data and any report obtained are confidential information and are not considered public
record. Any dispenser may not knowingly fail to transmit data to DHMH, and if a dispenser is in
violation, they will be subject to a fine not exceeding $500 for each failure to submit data. If a
person knowingly discloses information to an unauthorized person, that person is guilty of a felony
and on conviction is subject to imprisonment not exceeding 5
years.
Effective Date: October 1, 2003
For more information, please contact:
Nicole Xander
[ Go to Bills Introduced]
Taxes
HB0069
Income Tax Credit for Services Donated by Health Care Professionals
This bill creates an income tax credit, beginning 2003, for health care professionals (to include
physicians, physician assistants, and social workers) who donate their services to an approved
program. In order to qualify for the tax credit, the program must be approved by the Department
of Health and Mental Hygiene (DHMH), and is provided by either a local health department or
community health organization. A community health organization is defined as a non-profit
organization, exempt from taxation, that is organized in whole or in part to provide health care
services to low-income individuals without charge or for a reduced charge.
The application to DHMH must identify who will conduct the program, the low-income population to
be served, and the estimated value of the services to be donated by the program.
A health care professional may claim a tax credit in an amount equal the lesser of:
(1) 25% of the value of the health care services donated, or (2) the amount of the tax credit
assigned by the community health organization. The credit may not exceed the reasonable cost
for similar services provided from other providers or $75 per hour donated. Finally, the credit
allowed for a health care provider may not exceed $1,000 in any taxable year or the total income
tax imposed.
The tax credit may not be carried over to another taxable year and the total amount of tax credits
in any given taxable year may not exceed $250,000.
The bill also requires that DHMH report before November 1, 2005 on the number of local health
departments/community health organizations that receive tax credits; number and occupations of
health care professionals who were assigned credits; and the amount of credits granted.
Effective Date: July 1, 2003 (Sunset June 30, 2003)
For more information, please contact:
Jim Kaufman
[ Go to Bills Introduced]