Johns Hopkins Institutions



Legislative Hotline

2003 SESSION OF THE
MARYLAND GENERAL ASSEMBLY



Volume 11, Number 4 January 29, 2003


Here are some of the hot issues as the 2003 Legislative Session develops:

FY 2004 CAPITAL BUDGET
SELLINGER AID TO INDEPENDENT COLLEGES AND UNIVERSITIES


BILLS INTRODUCED
STAFF CONTACT INFORMATION

FY 2004 Capital Budget

The Governor released the FY 2004 capital budget, which totals $2.4 billion. This budget includes the $740 million in general obligation debt recommended by the Debt Affordability Committee, including $440 million for projects planned for FY 2004 and the remaining $300 million for:

* $76 million in PAYGO replacement projects
* $92 million in projects deferred from FY 2003
* $35 million for new projects
* $96 million for the substitution of bond funding for planned PAYGO projects

The Governor's five-year capital improvement plan did not include two projects for Johns Hopkins - the Cancer Research Building II project and the pediatric trauma center - that had been included in the 5-year plan presented during last year's legislative session.

Projects included in the capital budget:

* $5.0 million for the Johns Hopkins Medicine Broadway Research Building
* $9.15 million for Maryland Independent College and University Association

- Johns Hopkins University - $2.15 million
- Goucher College - $3.0 million
- Baltimore International College - $1.0 million
- McDaniel College - $3.0 million
* $49 million for the new library at Morgan State University
* $47.1 million for the Dental School at the University of Maryland Baltimore
* $46 million for the Center for Advanced Research in Biotechnology
* $5 million for the Maryland Hospital Association Bond Program
- St. Joseph Medical Center - $435,000
- Good Samaritan Hospital - $500,000
- Maryland General Hospital - $385,000
- Mercy Medical Center - $700,000
- Mt. Washington Pediatric Hospital - $500,000
- Carroll County General Hospital - $455,000
- Shady Grove Adventist Hospital - $700,000
- Washington Adventist Hospital - $700,000
- Doctor's Community Hospital - $625,000

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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


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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


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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


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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


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STAFF CONTACT INFORMATION
Please contact Government Relations if you have concerns or would like additional information. Your input assists us greatly in evaluating and formulating the position of Johns Hopkins on all legislation.

Legislative Session Office
47 State Circle, Suite 203
Annapolis, MD 21401
410-269-0057
fax 410-269-1574


Sheila Higdon shigdon@jhmi.edu
Jim Kaufman jkaufma@jhmi.edu
Bret Schreiber bschreiber@jhu.edu
Nicole Xander nxander@jhmi.edu
Kate Bishop sbishop2@jhmi.edu
Jason Spangler jspangle@jhsph.edu
Beth Chaney greltemp@jhmi.edu
Lynette Floyd lfloyd@jhmi.edu
Mickey Geisler mgeisler@jhu.edu

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Legislative Hotline is a collaborative service of The Johns Hopkins University and Johns Hopkins Medicine offices of Government Relations.

© 2003 The Johns Hopkins University. Baltimore, Maryland.
Office of Government, Community and Public Affairs.
Last updated 03jan29