Johns Hopkins Institutions



Legislative Hotline

2004 SESSION OF THE
MARYLAND GENERAL ASSEMBLY



Volume 12, Number 7 March 10, 2004


Here are some of the hot issues as the 2004 Legislative Session develops:

THE UNINSURED
SELLINGER AID
CITY SCHOOLS CRISIS


BILLS INTRODUCED
STAFF CONTACT INFORMATION

The Uninsured

Several bills have been introduced in an effort to expand access to health care for the more than 700,000 Marylanders who are currently without health insurance. The bills include a proposal by Health Care for All, which expands Medicaid to 300% of the federal poverty level and creates a new MDCare program for the working poor. Chairman John Hurson (House Health and Government Operations Committee) has sponsored a bill to use community health centers, such as federally qualified health centers, to provide greater access to primary and specialty care services. Meanwhile, the Administration has introduced a bill that requires the creation of a limited benefits package for small employers who have not previously offered health benefits to their employees. While the majority of the bill hearings on these proposals have been held, the House and Senate committees are holding frequent workgroups in attempt to move legislation by the middle of March. At this point, it appears that using community health centers will be the means this year of expanding access to health care. The major issue is financing the package, which includes a limited Medicaid expansion and providing both operating and capital grants to health centers. The current financing is based on an HMO/MCO premium tax and a payroll tax on businesses with greater than 10,000 employees who do not offer a predetermined level of health benefits.

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Sellinger Aid

Budget decisions have begun in the Senate as the Budget and Taxation Committee's Subcommittee on Education, Business and Administration Subcommittee, chaired by Senator Patrick Hogan, voted to restore $5.9 million to the Sellinger Program. While the Governor funded the Sellinger Aid program at $31.5 million, the Senate Subcommittee's recommendation will fund the program at $37.3 million. That would be roughly a $2.3 million increase for Johns Hopkins. The subcommittee vote was unanimous. However, the full Budget and Taxation Committee and Senate still need to approve the changes before it is sent to the House of Delegates for consideration.

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City Schools Crisis

The Governor and Mayor have agreed to a compromise on the City School financial crisis and a bill will likely be introduced soon. In a compromise that was reached, a 5-member panel will be created. The Governor will select 3 nominees, while the Mayor will select 2 nominees. The panel will run the city school system for the next 16 months, devising a way to solve a cash-flow crunch. The State will follow through on its promise to provide a $42 million state loan. Other prior sticking points have also been worked out. Labor contracts will remain untouched until at least the end of this school year. The agreement requires the city to begin repaying the state's $42 million loan by December 2005.


BILLS INTRODUCED
Business Opportunities
Capital Budget
General Education
Economic Development
General Health Care
Higher Education
Health Care Facilities
Health Care Practitioners
Health Insurance
Long Term Care/Nursing Homes
Mental Health
Miscellaneous
Public Health
Tort Reform



BILLS INTRODUCED

Business Opportunities

SB 323  Economic Development Financial Assistance - Minority Business Enterprise Procurement Goals
This bill specifies that certain procurements by local jurisdictions or private entities using financial assistance from the Economic Development Opportunities Program Fund (Sunny Day Fund) and the Maryland Economic Development Assistance Authority and Fund (MEDAAF) must attempt to meet the goals of the State Minority Business Enterprise (MBE) Program.

Effective Date: January 1, 2005

For more information, please contact: Bret Schreiber

SB 716  Maryland Economic Development Corporation - Condemnation of Property
This bill repeals the authority of the Maryland Economic Development Corporation (MEDCO) to acquire real property or rights or easements in real property by condemnation.

Effective Date: October 1, 2004

For more information, please contact: Bret Schreiber

[ Go to Bills Introduced]

Capital Budget

HB 267  Creation of a State Debt - Baltimore County - Sheppard Pratt Health System
House Bill 267 provides for the creation of a Capital Grant not to exceed $5,000,000 with the proceeds going to the Board of Trustees of Shepard Pratt Health System, Inc. for a new hospital building at Shepard Pratt Health System, located in Baltimore.

Effective Date: June 1, 2004

For more information, please contact: Jim Kaufman

SB 84  Creation of a State Debt - Greater Baltimore Medical Center
This bill provides for the creation of a Capital Grant not to exceed $535,000 with the proceeds going to the Board of Directors of Greater Baltimore Medical Center Health Care, Inc. for the Hyperbaric Center and Wound Care Center.

Effective Date: June 1, 2004

For more information, please contact: Tim Leiter

SB 104   Creation of a State Debt - Prince George's Hospital Center
This bill provides for the creation of a Capital Grant not to exceed $300,000 with the proceeds going to the Board of Directors of Prince George's Hospital Center, Inc. for the emergency department located in Cheverly.

Effective Date: June 1, 2004

For more information, please contact: Tim Leiter

SB 130  Creation of a State Debt - Holy Cross Health
The bill provides for the creation of a Capital Grant not to exceed $1,522,000 with the proceeds going to the Board of Directors of Holy Cross Health, Inc. to expand and improve the labor and delivery and neonatal intensive care areas, located in Silver Spring.

Effective Date: June 1, 2004

For more information, please contact: Tim Leiter

SB 207   Creation of a State Debt - St. Joseph Medical Center
This bill provides for the creation of a Capital Grant not to exceed $230,000 with the proceeds going to the Board of Directors of St. Joseph Medical Center, Inc. for the Pediatric Urgent Care Center at St. Joseph Medical Center, located in Towson.

Effective Date: June 1, 2004

For more information, please contact: Tim Leiter

SB 270  Creation of a State Debt - Laurel Regional Hospital
The bill provides for the creation of a Capital Grant not to exceed $675,000 with the proceeds going to the Board of Directors of Laurel Regional Hospital, Inc. for the emergency department.

Effective Date: June 1, 2004

For more information, please contact: Tim Leiter

SB 364  Creation of a State Debt - Franklin Square Hospital Center
This bill provides for the creation of a State Grant not to exceed $209,000 with the proceeds going to the Board of Directors of Franklin Square Hospital Center, Inc., located in Baltimore for the emergency department including emergent, urgent, and acute care of pediatric patients.

Effective Date: June 1, 2004

For more information, please contact: Tim Leiter

[ Go to Bills Introduced]

General Education

HB 761  Education Reform and State Accountability Act of 2004
House Bill 761 restructures the State Board of Education and Department of Education. It alters the position of State Superintendent to be an elected position and requires the members of the Board be elected from areas around the State to ensure equal representation from all geographic areas in Maryland.

Effective Date: October 1, 2004

For more information, please contact: Bret Schreiber

HB 1477  Task Force on the Role of Alternative Providers in Supporting the Bridge to Excellence in Public Schools Act
This bill establishes a Task Force on the Role of Alternative Providers in Supporting the Bridge to Excellence in Public Schools Act. The Task Force will be charged with making a series of recommendations to the Governor and General Assembly to enable alternative early learning and child care providers to provide prekindergarten and kindergarten services required by the Bridge to Excellence Act in collaboration with the local school systems.

Effective Date: July 1, 2004

For more information, please contact: Bret Schreiber

[ Go to Bills Introduced]

Economic Development

HB HB 987  Research and Development Tax Credit
House Bill 987 extends the termination date for the research and development tax credit allowed against the Maryland income tax to 2010.

Effective Date: July 1, 2004

For more information, please contact: Bret Schreiber

SB 502  Economic Development and Fiscal Accountability Act
Senate Bill 502 requires the State Department of Assessments and Taxation to submit an annual Unified Property Tax Exemption and Credit Report each year. The bill also requires the Department of Business and Economic Development to submit an annual Unified Economic Development Budget Report on or before December 31, of each year. The report must include projects in which state dollars are spent on economic development initiatives, including University related research programs and vocational or job-related programs. The report shall include information including the numbers of jobs created or lost, the average wage paid to current and new employees, whether health care coverage is provided and other information.

Effective Date: July 1, 2004

For more information, please contact: Bret Schreiber

[ Go to Bills Introduced]

General Health Care

HB 1000  Maryland Breast Cancer Research Fund - Income Tax Checkoff
This bill establishes a Breast Cancer Research Fund checkoff on the individual income tax return form. After the Comptroller deducts administrative expenses, the contributions are credited to the fund and distributed by the Secretary of Health and Mental Hygiene through the annual budget process to eligible entities for breast cancer research. The Secretary is required to report to the General Assembly annually on the administration of the fund.

Effective Date: July 1, 2004 (applies to all tax years beginning after December 31, 2003)

For more information, please contact: Sheila Higdon

HB 1293  Bone Marrow - Donation by Minors
The bill allows a minor who is at least 14 years old, with the written consent of a parent, to donate bone marrow to any individual.

Effective Date: October 1, 2004

For more information, please contact: Sheila Higdon

HB 1384  Maryland Health Care Commission - Membership and Duties
The bill alters the structure of the Maryland Health Care Commission (MHCC) by adding three additional members; one of the new members must be a representative of a regional health care entity that has its headquarters' in Maryland. In addition, the bill requires that the Governor shall ensure geographic balance by considering representation on the Commission by health planning region.

The bill also subjects the Commission members and the staff to the State's Ethics Law, requiring that if anyone has a conflict of interest then the conflict must be reported and the individual will recluse themselves from voting on taking any action on the issue.

Finally, the bill requires that the MHCC shall forecast changes for each service area based on verifiable data and the Commission shall report to the General Assembly on the change and the data to justify the change.

Effective Date: October 1, 2004

For more information, please contact: Jim Kaufman

[ Go to Bills Introduced]

Higher Education

HB 256  Higher Education - In-State Tuition for United States Military Personnel and Dependents Act
House Bill 256 declares that an active duty member of the U.S. Armed Forces, the spouse of an active duty member of the U.S. Armed Forces, the financially dependent child of an active duty member of the U.S. Armed Forces, or an honorable discharged member of the U.S. Armed Forces is exempt from paying nonresident tuition at a public institution of higher education.

Effective Date: July 1, 2004

For more information, please contact: Bret Schreiber

HB 1129   University System of Maryland - Prohibition on Mid-Year Tuition Increases
This bill prohibits the Board of Regents from approving, and a constituent institution of the University System of Maryland from imposing an increase in the tuition that may be charged for an academic year to a resident undergraduate or graduate student during the academic year.

Effective Date: October 1, 2004

For more information, please contact: Bret Schreiber

HB 1171  Higher Education - Tuition Charges - Maryland High School Students
This bill exempts an individual other than a nonimmigrant alien from paying nonresident tuition at a public institution of higher education in Maryland if the individual:

The bill also exempts an active duty member of the U.S. armed forces from nonresident tuition at a Maryland public institution of higher education. To qualify, the member must be stationed in Maryland, reside in Maryland, or be domiciled in Maryland. The exemption also applies to the spouse or financially dependent child of a qualified member of the U.S. armed forces. In addition, an honorably discharged veteran of the U.S. armed forces is eligible for resident tuition if the veteran attended a Maryland secondary school for at least three years and graduated from high school in Maryland or received the equivalent of a high school diploma in the State. To qualify, a veteran must provide documentation supporting eligibility within one year of discharge from the armed forces. The Maryland Higher Education Commission must adopt regulations to implement the bill.

Effective Date: July 1, 2004

For more information, please contact: Bret Schreiber

HB 1310  Higher Education - Community Colleges - Baccalaureate Degree Program - Request for Proposal
House Bill 1310 requires that a community college desiring to participate in baccalaureate degree programs perform the following initiatives:

  • Identify a baccalaureate degree program that is not currently offered in the region of the community college but is proposed for delivery at the community college, or the regional higher education center that meets the academic and economic development needs of the community college.
  • Seek input from the community when assessing the local educational needs of the area.
  • Determine the number of students interested in pursuing the proposed program.
  • Identify the enrollment patterns in the area.
  • Submit a request for a site-determined baccalaureate degree proposal program to a "4-year institution of postsecondary education in the State".
The community college will be permitted to offer a 4-year baccalaureate degree program to an out-of-state 4-year institution of postsecondary education if none of the in-state 4-year institutions respond to the community college's request for proposal.

The bill also requires that the community college enter into an agreement with the out-of-state institution and submit a proposal to the Maryland Higher Education Commission.

Effective Date: October 1, 2004

For more information, please contact: Bret Schreiber

HB 1473  Higher Education - University System of Maryland - Procurement
House Bill 1473 exempts the procurement by the University System of Maryland of services relating to the investment and management of gift and endowment assets of the University System of Maryland from the State procurement law. The bill also requires the University System of Maryland Board of Regents to submit an annual report to the Governor and the General Assembly.

Effective Date: July 1, 2004

For more information, please contact: Bret Schreiber

HBJR 11  Higher Education - Teacher Education Reading Programs - Alignment with Federal Law
House Joint Resolution 11 urges institutions of higher learning in Maryland that receive State funds to provide teacher education reading programs that are aligned with the federal No Child Left Behind Act to revise their undergraduate and continuing education courses to strongly emphasize phonemic awareness, phonics, vocabulary development, fluency and comprehension.

For more information, please contact: Bret Schreiber

[ Go to Bills Introduced]

Health Care Facilities

HB 1355  Health - Ambulatory Surgical Facilities - Definition and Regulation
This bill mandates that the Office of Health Care Quality within the Department of Health and Mental Hygiene must adopt regulations providing for the oversight of 23-hour recovery care in ambulatory surgical facilities.

In uncodified language, the bill requires the Office of Health Care Quality to submit a report to the House Health and Government Operations Committee and the Senate Finance Committee each year, regarding the number of facilities providing 23-hour recovery care and the types of services being provided by ambulatory surgical facilities.

Effective Date: October 1, 2004

For more information, please contact: Heather Barthel

[ Go to Bills Introduced]

Health Care Practitioners

HB 1330   State Board of Physicians - Licensee Profiles
The bill eliminates the requirement that physician profiles maintained by the Maryland Board of Physicians include the number of medical malpractice settlements involving the licensee if there are three or more with a settlement amount of $150,000 or greater within the most recent 5 year period as reported to the Board.

Effective Date: October 1, 2004

For more information, please contact: Sheila Higdon

HB 1433  Mental Health - Emergency Evaluation - Psychiatric Nurses
The bill authorizes clinical nurse specialists in psychiatric and mental health nursing and psychiatric nurse practitioners to the list of health professionals who may file and present a petition for an emergency evaluation of an individual.

Effective Date: October 1, 2004

For more information, please contact: Sheila Higdon

[ Go to Bills Introduced]

Health Insurance

HB 1446  Health Insurance - Physician Credentialing Process
The bill requires insurance carriers, including any entity that provides health care benefit plans subject to State regulation, to complete the process of credentialing a physician within 60 days of receiving a completed application from the physician. In addition, the carrier will be required to retroactively reimburse the physician for services provided during the 60-day credentialing process.

Effective Date: October 1, 2004

For more information, please contact: Sheila Higdon

[ Go to Bills Introduced]

Long Term Care/Nursing Homes

SB 819  Olmstead Compliance Act of 2004
The bill requires DHMH to adopt regulations that expand medical eligibility requirements for nursing facility services. An individual who requires skilled nursing facility care or other related services, rehabilitation services, or health-related services above the level of room and board available through institutional facilities be determined medically eligible to receive nursing facility services under the Maryland Medical Assistance program. The bill also clarifies the definition of "dual eligibility", meaning an individual who is simultaneously eligible for health insurance coverage under both Medicaid and Medicare, for which DHMH may obtain matching Federal funds. It also clarifies that "environmental modifications" as they relate to modifying a home for affected individuals, as meaning that physical adaptations made to an individual's home must be to ensure their health, welfare, and are subject to preauthorization by the Department of Aging. They may not include improvements such as carpeting, roof repair or central air conditioning unless they are for direct medical or remedial benefit.

In addition, the bill requires that by July 1, 2004, DHMH develop a program designed to reduce the number of nursing facility beds occupied by Medical Assistance long-term care recipients statewide, and to assist dually eligible nursing facility residents who choose to obtain long-term care services in the community. The program must include a provision of support services to enable dually eligible individuals to achieve maximum participation in the mainstream, while improving the capacity of communities to support such individuals. It also must include mechanisms to offset the loss of income realized by a nursing home associated with the loss of these residents such as tax credits, grants to convert licensed nursing home beds to assisted living, respite care or medical day care; and, allowing a portion of the savings generated from moving dually eligible individuals to the community to be used as an adjustment in Medicaid reimbursement for the sickest residents in the community.

The program to assist individuals to move from the nursing facility into the community may not diminish or reduce the quality of services for nursing home residents, and may not require a resident to involuntarily accept home and community-based long-term care services, or to be transferred or discharged as a result of a change in the resident's method of payment. For each Medical Assistant long-term care recipient discharged to a community-based waver slot, DHMH must determine the average savings and use the funds to support the expansion of medical eligibility requirements, assist individuals to receive home and community-based waiver services, and make Medicaid reimbursement adjustments.

The bill authorizes DHMH to apply to the Centers for Medicare and Medicaid services by September 1, 2004, for a waiver to receive Federal matching funds for services to assist dually eligible nursing home residents to obtain long-term care services in the community; and requires DHMH to obtain legislative approval prior to applying. The waiver application must include:

The bill will allow eligible individuals an opportunity to seek placement in community or home based waiver services as soon as they are available without waiting for placement slots to open in the next fiscal year in order to increase participant satisfaction, forestall functional decline, reduce Medicaid expenditures by reducing utilization of services, and enhance compliance with the case of Olmstead v. L.C. by offering cost-effective community-based services in the most appropriate setting.

DHMH and the Department of Aging will be required to designate a single point of entry for individuals applying for waiver services to accept applications, make eligibility determinations, enroll individuals in the waiver, and provide coordinated waiver services. In addition, the single point of entry system will coordinate provider licensure, inspection system and billing under the waiver system.

Beginning in December 2004, Department of Aging must report annually to the General Assembly on the implementation and continuation of the single point-of-entry system.

Effective Date: July 1, 2004

For more information, please contact: Sheila Higdon

[ Go to Bills Introduced]

Mental Health

HB 1365  Department of Health and Mental Hygiene - Public Mental Health System - Study
The bill requires DHMH to conduct or commission a study to develop the future system of Maryland's public mental health system. This new system should keep the current system's strengths, address the current budget shortfalls, deliver high quality service, and may be implemented in a timely manner. The study will be required to include an analysis of which individuals should receive public mental health services, the types of services to be offered and their quality and costs. Key stakeholders must be involved in the process that will also develop a funding and reimbursement system, determine how to build a strong, competent service, and increase accountability of service providers.

DHMH will report to the Governor, and General Assembly on or before September 30 2005.

Effective Date: October 1, 2004

For more information, please contact: Sheila Higdon

HB 1452  Task Force to Study the Maryland Public Mental Health System
The bill creates a Task Force to Study the Maryland Public Mental Health System consisting of the following members:

The Task Force shall elect a chairman from among its members, and the Department of Health and Mental Hygiene shall staff the Task Force.

The charge of the Task Force will be the following:

  • conduct an overall needs assessment of the services offered by and the structure of the public mental health system,
  • break down the needs assessment by demographic group,
  • identify currently developed system resources and possible future system resources,
  • determine the ability of various groups in the system to access services offered through community-based centers,
  • study whether uninsured individuals in need of mental health services are obtaining those services,
  • assess whether co-occurring disorders are being properly diagnosed and appropriate services are coordinated throughout the system, and
  • evaluate whether acute care and long-term care needs are being met by the public mental health system.
A report from the Task Force is due by September 30, 2005, to the Governor and the Senate Education, Health and Environmental Affairs and the House Ways and Means Committees. The act sunsets on September 30, 2005.

Effective Date: October 1, 2004

For more information, please contact: Sheila Higdon

HB 1459  Mental Hygiene Administration - Crownsville Hospital Center - Study
The bill prohibits the Mental Hygiene Administration from closing, downsizing, consolidating, or selling the Crownsville Hospital Center on or before June 1, 2006, unless they have conducted a study to determine whether closing the Hospital is an appropriate option for continued delivery of mental health services in that geographic region. The study will determine the availability of and access to mental health services for individuals now behind served by the Crownsville Hospital Center; the future use of the grounds, and the potential impact on the nonprofit organizations that use the hospital facilities.

Effective Date: date of enactment

For more information, please contact: Sheila Higdon

[ Go to Bills Introduced]

Miscellaneous

HB 1441  Air Quality - Emissions Fees
This bill mandates that on a finding by the United States Environmental Protection Agency, the Washington, D.C. nonattainment area has failed to attain the federal one-hour ambient air quality standard for ozone by the applicable attainment date. Each major stationary source of volatile organic compounds or nitrogen oxides located in this state within the Washington, D.C. nonattainment area shall pay an annual fee to the Maryland Department of the Environment for nitrogen oxide emissions. The fee shall equal $5,000 for each ton of volatile organic compounds or nitrogen oxides emitted each year after the attainment year, in excess of 80% of the baseline amount. The fee will be adjusted annually for inflation. The fee shall be paid until the area is designated as in attainment of the one-hour ozone standard. The bill also establishes the ozone standard attainment fund to which the fees collected are to be deposited. Any person that has paid fees into the fund will be reimbursed for costs incurred in connection with the installation of air pollution control devices or other pollution prevention or reduction measures, approved by the department. In the event that this Act is no longer required, then the fees will be returned to each person and the provisions of this Act and any rule or regulation adopted under this Act, with no further action required by the General Assembly, shall be abrogated and of no further force and effect.

Effective Date: October 1, 2004

For more information, please contact: Heather Barthel

HB 1476  Public Assistance - Transitional Emergency Medical and Housing Assistance
The bill creates the Transitional Emergency Medical and Housing Assistance Fund that is designed to provide assistance of at least $185 month to residents who do not qualify for other state or federal programs and who are unable to gain employment due to medically verified conditions lasting at least three months. The bill, while subject to the availably of funding in the budget, requires the Social Services Administration to provide an itemized estimate for the program for the six months prior to budget submission. The bill requires the Governor to include the level of funding based on the six-month estimate in the budget.

Effective Date: October 1, 2004

For more information, please contact: Jim Kaufman

SB 621  State Procurement Contracts - Living Wage
The bill does not apply to nonprofit organizations. An employer must pay an employee at least $10.50 per hour if at least one-half of the employee's time during any work week relates to a state procurement contract for services or a subcontract for services for the duration of the contract. There are other provisions regarding adjusting the wage annually, posting requirements, reducing the wage if the employer offers health insurance, and a civil penalty not exceeding $50 per violation.

Effective Date: October 1, 2004

For more information, please contact: Heather Barthel

[ Go to Bills Introduced]

Public Health

SB 137  Self-Defense Act - Rule of Law
This bill sets up handgun certification requirements. It repeals the Secretary of State Police's ability to limit the geographic area, circumstances, or times of the day, week, month, or year in which a permit is effective. Additionally, this bill alters various time limits related to permits including: renewal for successive periods from 3 to 5 times and a person denied a permit or renewal or whose permit is revoked or limited may request an informal review within 30 days instead of 10 days.

Effective Date: October 1, 2004

For more information, please contact: Suchita Lorick

[ Go to Bills Introduced]

Tort Reform

HB 1108  Medical Injury Recoveries - Attorney's Fees
This bill adds an adult day care center and a hospice care program to the definition of "Health care provider". An attorney may not contract for or collect a contingency fee for a medical injury case occurring on or after June 1, 2004, in excess of the following limits:

The limitations in the bill apply regardless of whether the amount recovered is by settlement, award, or verdict or the person for whom the amount is recovered is a responsible adult, a minor, or a person who is mentally incompetent. A division of fees between an attorney and a referring attorney may be made only if the attorneys are in the same firm or the division is in proportion to the services performed by each attorney, the claimant is advised in writing of and does not object to the participation of the referring attorney, and the total undivided fee is within the limits established by the bill. An attorney who violates this section is subject to disbarment, suspension, or other disciplinary action.

Effective Date: June 1, 2004

For more information, please contact: Heather Barthel


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
Heather Barthel hbarthe1@jhmi.edu
Suchita Lorick slorick@jhsph.edu
Tim Leiter tleiter@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.

© 2004 The Johns Hopkins University. Baltimore, Maryland.
Office of Government, Community and Public Affairs.
Last updated 04mar10