CAREFIRST
A briefing on the possibility of Carefirst converting to a for-profit company was held
before the House Health and Government Operations Committee. Those that testified on
the issue included officials from Carefirst, Wellpoint, Community Catalysts, the Maryland
Hospital Association, MedChi and the Attorney General�s office.
The overarching theme of the briefing centered on ways to help Carefirst make insurance
more accessible and affordable if the Insurance Commissioner does not approve the conversion.
Bill Jews, CEO, explained that there is no immediate financial threat if Carefirst is not
able to convert, but chances to convert in the future would decrease, as the company would
not be able to compete with national companies.
Legislators appeared skeptical to the need for Carefirst to convert to a for-profit company.
Questions were raised about compensation of the Board as well as bonuses for top executives.
[ Go to top]
BILLS INTRODUCED
Budget
Economic Development
General Education
General Health Care
Health Care Facilities
Health Care Practitioners
Health Insurance
Higher Education
Mental Health
Pharmaceuticals
Public Health
Taxes
Tobacco Settlement
Tort Reform
Miscellaneous
BILLS INTRODUCED
Budget
HB0359
State Lottery and Racing Commission and Agency - Video Lottery Terminals
This bill would authorize four horse racetracks to offer video lottery terminals for public use. The bill establishes
eligibility and disqualifying criteria for a video operation license; requiring specified investigations of applicants
for video lottery operation licenses; and establishes the State Lottery and Horse Racing Agency and Commission.
The bill creates an Education Trust Fund (ETF) of which a certain amount of the proceeds from video lottery
terminals are to be distributed. The bill requires the Commission to purchase or lease and maintain control over
video lottery terminals.
Effective Date: June 1, 2003
For more information, please contact:
Bret Schreiber
[ Go to Bills Introduced]
Economic Development
HB0362
Technology Procurement - Commission to Review
This bill establishes a commission to study issues related to the procurement of technology and
technology-related services by the State. The bill requires the commission to make recommendations with regard
to specified aspects of technology procurement; specifically those that encourage further development of the
technology industry in Maryland. The bill also provides for the membership and staffing of the commission;
requiring specified reports on or before November 1, 2003; and providing for the termination of the Act in 2 years.
Effective Date: June 1, 2003
For more information, please contact:
Bret Schreiber
SB0253
State Government - Department of Technology - Creation and Duties
This bill creates the Department of Technology as a principal department of State government. The bill also
creates the office of Secretary of Technology; specifying the duties and powers of the Secretary; and changing
the composition of the membership of the State Information Technology Board (SITB). A representative of the
Maryland Higher Education Commission (MHEC) and the Department of Business and Economic Development
(DBED) shall serve on the SITB. This bill also requires the Secretary to submit an annual report on November 1,
of each year.
Effective Date: July 1, 2003
For more information, please contact:
Bret Schreiber
SB0340
Maryland Technology Investment Program
This bill creates the Maryland Technology Investment Program (MTIP); requiring the Board of Trustees (BOT) of
the State Retirement and Pension System (SRPS) to establish and administer the Program; authorizing the BOT
to adopt regulations. They will be required to enter into partnership agreements with venture capital general
partners, and to ensure that a decision to enter into a partnership is based solely on the potential for investment
returns for the State of Maryland. The Board will be permitted to provide venture capital investments in such areas
as biotechnology parks that are affiliated with higher education institutions.
Effective Date: June 1, 2003
For more information, please contact:
Bret Schreiber
[ Go to Bills Introduced]
General Education
SB0295
Education - Principals - State Salary Grants
This bill establishes a State program of salary grants for principals, vice-principals, and assistant principals, with
the goal of improving recruitment, and retention of well qualified individuals for these positions. The bill
authorizes county boards of education to submit applications for a State grant under the program; requiring that a
State grant be awarded for FY 2005 to a county board that applies, and establishes a 4% aggregate salary
adjustment over a specified time period for these positions. The bill also establishes a formula to determine the
amount of a State salary grant.
Effective Date: July 1, 2003
For more information, please contact:
Bret Schreiber
SB0388
Education - Public Charter School Act of 2003
This bill establishes public school chartering authorities; enabling authorities to grant charters for public charter
schools; establishing the application process, rights and duties of public charter schools, and an admissions
policy. The bill also prohibits the charging of tuition and specified fees.
Effective Date: July 1, 2003
For more information, please contact:
Bret Schreiber
[ Go to Bills Introduced]
General Health Care
HB0231
Maryland Medical Assistance Program-Eligibility Requirements-Advance Directives
This bill requires an individual applying for benefits under the Maryland Medical Assistance Program (MMAP) to
complete and sign advance directives, or a waiver stating they declined to do so, in order to be eligible for
coverage under the Program. The Department of Health and Mental Hygiene (DHMH) would be responsible for
keeping a copy of the advance directive in the applicant's records, as well as forwarding a copy to the applicant,
and to service providers upon request.
Effective Date: July 1, 2003
For more information, please contact:
Beth Chaney
SB0181
Mental Hygiene Administration - Traumatic Brain Injury Rehabilitation Fund
This bill creates a special fund to support traumatic brain injury. The fund is designed to support those
individuals who on or after October 1, 2004, have suffered traumatic brain injuries, and are at least 21 years of
age. The fund will be used in paying for services and products that are not covered by the individual's health
insurance, other private health benefit programs, and will increase the individual's quality of life. The bill states
that the fund will be the payer of last resort for services and products. Products and services eligible include:
case management services, rehabilitative therapies, attendant care, home accessibility modifications, respite
care, and appropriate equipment.
The fund will be supported by a $4 surcharge on court costs for: defendants convicted of an offense, investment
earnings on the fund, any federal matching funds, and any other sources.
Effective Date: October 1, 2003
For more information, please contact:
Jim Kaufman
SB0190
Developmentally Disabled Individuals - Medical Assistance and Other Services - Eligibility
This bill amends the current statute regarding Medical Assistance (MA) and other services for the
developmentally disabled. The bill regulates what services can be funded through State general funds without a
federal fund match; limiting the use of unmatched State funding to providing community-based services for
individuals who are not eligible for MA, or for services not provided by MA. Non-matched State funds may not be
used for any individual eligible for federal funds. An individual cannot access unmatched State funds if the same
service can be accessed through the Medical Assistance Program (MAP), including the home and community
based waiver programs.
The bill also limits the eligibility period in which an individual with a developmental disability can apply for MA.
The bill requires an individual to apply either before the initiation of services, or within the first 30 days after the
start of services.
Effective Date: October 1, 2003
For more information, please contact:
Beth Chaney
[ Go to Bills Introduced]
Health Care Facilities
HB0236
Cardiac Services - Licensing
This bill would eliminate the requirement for Certificate of Need (CON) for establishing an open heart surgery
program. Instead, by January 2004, the Department of Health and Mental Hygiene (DHMH) would license each
cardiac service program that meet specified requirements and regulations.
The term of each license would be three years, and three months before expiration. DHMH would send each
hospital a renewal form, and a notice stating the expiration date. A license may not be granted or renewed if the
mortality and morbidity rates for all patients undergoing surgery in the hospital significantly exceed the rates for all
cardiac surgery patients in the State.
Applicants for the license must document a plan to staff and operate a program, adequate operating room
capacity, compliance with regulations, and the ability to maintain the caseload. Within three years after a
program has been initiated, it must attain and maintain 350 cardiac surgery cases annually, a minimum of 200
cardiac-related procedures performed annually, and develop or establish a cardiovascular disease prevention and
early diagnostic program.
By November 2003, regulations must be adopted for the following: quality of care standards; utilization or peer
review and control programs; requiring cardiac services be available on an emergency basis (24 hours each day,
7 days a week), establishing & maintaining ancillary and support services for a cardiac intensive care unit,
catheterization labs, and number of appropriate operating rooms.
The Department may request and collect any statistical or other information necessary to develop standards for
cardiac programs, monitor the delivery of cardiac services, and the number of surgeries performed in the State.
Also, by November 2003, regulations must be adopted setting the standard data set for volume and
characteristics of interhospital transports collected by the Maryland Institute for Emergency Medical Services
Systems (MIEMSS). MIEMMS will adopt regulation protocols to guide the rapid interhospital transport of cardiac
patients. By December 2007, DHMH will report back to the General Assembly on issues including: the impact on
health care costs, impact on the quality of medical care, access to cardiac services, and the impact on the
number of interhospital transports.
Effective date: July 1, 2003
For more information, please contact:
Nicole Xander
SB0284
Public Records - Motor Vehicle Records - Access by Hospitals
This bill amends the current statute governing the dissemination of personal information relating to the ownership
of vehicles. The action would allow hospitals to acquire the personal information of the owner of any vehicle
parked on hospital property. The information can be used for security purposes only.
Effective Date: October 1, 2003
For more information, please contact:
Kate Bishop
SB0424
Hospitals - Certificate of Need - Open Heart Surgery
This bill would allow the Maryland Health Care Commission (MHCC) to grant a Certificate of Need (CON) for open
heart surgery to a hospital that has done the following:
- filed an application,
- participated in the Cardiovascular Patient Outcomes Research Trial (C-PORT),
- diagnosed or treated at least 500 patients within 12 months prior to the application who have received
interventional cardiac procedures at the hospital, or have been transported or referred to hospitals with open heart
surgery for interventional cardiac procedures, and
- demonstrated clinical and resource capacity
Effective Date: October 1, 2003
For more information, please contact:
Nicole Xander
SB0587
Maryland Trauma Services Funding Act
This bill creates the Maryland Trauma Services Fund (MTSF), and is designed to provide a subsidy for the
documented costs of trauma physician uncompensated care, trauma on-call and stand-by costs; increasing the
Medicaid fee schedule for trauma physicians, and unrecoverable costs of trauma center uncompensated care.
The fund will be supported by a $4 surcharge on automobile insurance policies.
The fund will be administered by the Department of Budget and Management (DBM) in consultation with the
Maryland Institute for Emergency Medical Services Systems (MIEMSS).
The bill also requires a Health Maintenance Organization (HMO) to pay both contracting and non-contracting
trauma physicians the greater of 140% of the Medicare rate, the HMO rate as of January 1, 2003, or the contracted
rate at the time the service is provided.
Finally, the bill requires the Health Services Costs Review Commission (HSCRC) to report before August 1, 2003,
the status of including hospital rates funding related trauma costs for physician on-call availability, and regulatory
requirements for the MIEMSS trauma center.
Effective Date: July 1, 2003
For more information, please contact:
Jim Kaufman
[ Go to Bills Introduced]
Health Care Practitioners
SB0268
State Board of Social Work Examiners - Sunset Extension and Program Evaluation
This bill extends the State Board of Social Work Examiners (SBSWE) until July 1, 2013. The bill states, that if a
licensed social work associate or licensed graduate social worker is not appointed to the SBSWE within six
months of a vacancy, a licensee of any license level shall be appointed if qualified.
Also, by October 2003, the Board and the Department of Health and Mental Hygiene (DHMH) shall report to the
Maryland General Assembly (MGA) on the implementation of the recommendations of the Department of
Legislative Services (DLS) contained in the sunset evaluation report dated October 2002.
Effective Date: July 1, 2003
For more information, please contact:
Nicole Xander
SB0387
Maryland Optometry Act-Replacement Contact Lenses-Clarifications and Modifications
This bill clarifies current statute regarding the writing and dispensing of replacement contact lens prescriptions.
The modifications allow an Optometrist to write a replacement contact lens prescription for a patient without a
new fitting of the lenses if, upon examination, the patient's diagnosis has not changed. That prescription must
be forwarded to the patient, or his designee within 7 business days. If a patient's contact lens prescription is
dispensed by someone other than the licensed Optometrist, or someone directly or indirectly associated with the
Optometrist, he will not liable for any injury to the patient caused by the negligence of the dispenser. Selling or
dispensing replacement contact lenses without a valid and unexpired prescription is a violation of state law and
subject to investigation.
Effective Date: October 1, 2003
For more information, please contact:
Beth Chaney
SB0500
Department of Health and Mental Hygiene - State Board of Physicians
This bill renames the State Board of Physician Quality Assurance (BPQA) to the State Board of Physicians
(Board), and increases Board membership from 15 to 21. Membership will be appointed by the Governor with the
advice of the Secretary of Health and will include: 11 practicing licensed physicians, 1 of whom shall be a Doctor
of Osteopathy; 1 appointed at the Governor's discretion; 1 representing DHMH; 1 who practices complementary
and alternative methods of care. 1 physician will be a representative of an academic medical institution,
appointed from a list containing 3 names from the Johns Hopkins University School of Medicine, and 3 names
from the University of Maryland; 5 consumer members will be appointed with the advice and consent of the
Senate; including a public member knowledgeable in risk management or quality assurance matters appointed
from a list submitted by the Maryland Hospital Association (MHA). The consumer member may not have a
substantial personal, business, professional or pecuniary connection with a medical field or with an institution of
medical education or a health care facility.
The Chairman of the Board will not be appointed by the Governor, but will be elected by the Board members. The
bill also stipulates how physicians will be notified of a vacancy on the Board and prohibits reappointment, or
appointment of a physician from a particular medical specialty, if there are two current members serving on the
Board from the same medical specialty.
The Governor will be required to appoint a new State Board of Physicians on August 1, 2003.
The Board of Physicians Fund may set reasonable fees for the issuance and renewal of licenses and its other
services; fees are to be set at the approximate cost of maintaining the Board. In addition, the Board shall fund
the budget of the Physician Rehabilitation Committee (PRC), that is responsible for evaluating and providing
assistance to impaired physicians in need of treatment and rehabilitation for alcoholism, chemical dependency
or other physical, emotional or mental conditions. The Medical Chirurgical Faculty of the State of Maryland
(MEDCHI) shall appoint the members of the PRC and the Chairman of the Board shall appoint one member of the
Board to serve as a liaison to the PRC.
The bill repeals the provision requiring the Health Claims Arbitration Office to forward allegations requiring further
investigation to the Faculty, and stipulates that the Board shall enter into a written contract with an entity or
entities for further investigation and physician peer review of allegation (formerly a function of the MEDCHI).
Following an allegation of grounds for disciplinary or other action, the Board may refer the allegation for further
investigation to the entity that has contracted with the Board. Before the Board takes any action following the
investigation, it shall give the individual against whom the action is contemplated an opportunity for a hearing
before a hearing officer or a subcommittee of the Board.
The bill authorizes the Chairman of the Board to delegate authority to conduct a hearing to a subcommittee
consisting of three or more Board members. It also repeals the provision that factual findings will be supported
by clear and convincing evidence.
The affirmative vote of the full authorized Board membership is required prior to exoneration of charges if the
Board finds no grounds for action.
Previously the Board was required to create an individual profile on each licensee. The bill additionally requires
that the Board maintain the profile for public use and include the following added information:
1) a copy of the public order with a description of any action taken against a licensee
2) the number of medical malpractice court judgments and arbitration awards against a licensee within the most
recent 10-year period
3) the number of medical malpractice settlements involving the licensee with a settlement amount of $150,000 or
greater within the most recent 10-year period
4) a description of any actions relating to the licensee that might be grounds for disciplinary action that are
reported to the Board by hospitals or related institutions within the most recent 10-year period
5) a description of a conviction or entry of a plea of guilty or nolo contendere by the licensee for a crime involving
moral turpitude reported to the Board
6) medical education and practice information about the licensee
7) a statement on each licensee's profile of information to be taken into consideration by a consumer when
viewing a licensee's profile, including factors to consider when revaluating a licensee's malpractice data.
The Board will be required to maintain a website that serves as a single point of entry where all physician profile
information is available to the public on the Internet. The Board must provide a mechanism for the notification
and prompt correction of any factual inaccuracies in a licensee's profile.
The Board will be required to report to: the Governor, the Senate Education, Health and Environmental Affairs
(EHE), Budget and Taxation Committee (B&T), House Health and Government Operations (HGO), and
Appropriations Committee (APP) by November 1, 2003, on the financial condition of the Board and a review of the
impact of legislation enacted in 2003.
In addition, by January 1, 2004, the Board shall report to the Governor, EHE and HGO on investigative caseloads. The Board and the Office of the Attorney General shall also report on January 1, 2004, on all aspects of the Board
investigative processes.
The bill also requires that investigations and peer review allegations shall utilize two peer reviewers, and in the
event of a lack of agreement between the two reviewers, a third reviewer shall be utilized.
Contingent upon the Governor's including in the budget for fiscal year 2005 at least $750,000 for the operation of
the Health Manpower Shortage Incentive Grant Program and the Loan Assistant Repayment Program, effective
July 1, 2004, these two programs will no longer be funded through the Board of Physicians.
Effective Date: July 1, 2003
For more information, please contact:
Sheila Higdon
[ Go to Bills Introduced]
Health Insurance
HB0150
Acquisition of a Nonprofit Health Entity - Determination by Regulating Entity
This bill states that a determination by a regulating entity regarding a proposed acquisition of a non-profit health
entity, may not take effect until the last day of next regular session of the Maryland General Assembly (MGA),
beginning after the date of determination. The MGA may take action to approve, disapprove, or modify the
determination.
Effective Date: Emergency Measure (effective upon enactment)
For more information, please contact:
Jim Kaufman
HB0238
Health Insurance - Required Reimbursement - Podiatrists
According to this bill, if a policy or contract provides reimbursement for a service within the scope of practice of a
licensed podiatrist, then the person covered by or entitled to reimbursement is entitled to the same amount of
reimbursement for the services whether it was performed by a physician or licensed podiatrist. The bill applies to
insurers, health services plans, Health Maintenance Organizations (HMOs), and Managed Care Organizations
(MCOs)
Effective Date: October 1, 2003
For more information, please contact:
Nicole Xander
HB0410
Health Insurance - Private Review Agents - Examination of Pharmacy Benefit Managers
This bill requires the Insurance Commissioner to conduct an examination of any Pharmacy Benefit Manager
(PBM) registered as a private review agent, to determine whether the PBM is acting in compliance with the law.
The examination shall be conducted every three years, paid by the person being examined.
Effective Date: October 1, 2003
For more information, please contact:
Nicole Xander
[ Go to Bills Introduced]
Higher Education
HB0349
Higher Education - Associate of Arts in Teaching Degree - Transfer to Baccalaureate Degree
This bill requires the Maryland Higher Education Commission (MHEC), in cooperation with the Maryland State
Department of Education, to estimate the number of public elementary and secondary teachers by discipline that
will be needed in upcoming years. Each year, public senior higher education institutions must accept the
number of applicants with associate of arts in teaching (AAT) degrees that MHEC determines will be needed by
the applicants' graduating years. Applicants must meet the academic standards of the institutions and must
complete the normal number of credits needed to acquire baccalaureate degrees in teaching. Public senior
higher education institutions must report annually on the number of applicants who hold AAT degrees, the
number who are accepted, and the number who are enrolled in the institutions.
Effective Date: October 1, 2003
For more information, please contact:
Bret Schreiber
SB0291
Higher Education - Student Financial Assistance - Maryland Teacher Scholarships
This bill alters the eligibility criteria for receiving a Maryland Teacher Scholarship to include students who pledge
to work as nonpublic elementary and secondary school teachers in the State upon completion of their studies.
The bill also alters the definition of "service obligation" to include teaching full time in a nonpublic elementary or
secondary school that holds a certificate of approval from, or is registered with the State Board of Education
(SBE).
Effective Date: October 1, 2003
For more information, please contact:
Bret Schreiber
SB0555
Higher Education - Aid to Nonpublic Institutions - Calculation of Joseph A. Sellinger Program Grant
This bill alters the formula for calculating the amount of State aid to nonpublic institutions of higher education;
limiting the amount of State aid appropriated on the basis of an institution's nonresident student enrollment to
nonpublic institutions of higher education under the Joseph A. Sellinger Program. The aid will be calculated by
taking the sum of the number of full-time equivalent students who are state residents, plus .75 times the number
of full-time equivalent students who are not State residents enrolled at an institution.
Effective Date: October 1, 2003
For more information, please contact:
Bret Schreiber
SB0568
Higher Education - Educational Excellence Awards - Funding
This bill requires at least $3 million appropriated for Educational Assistance Grants (EAG) to be allocated to
institutions of higher education in the State to fund Educational Excellence Awards (EEA). Current law only
requires funding be made if it is available.
Effective Date: October 1, 2003
For more information, please contact:
Bret Schreiber
[ Go to Bills Introduced]
Mental Health
HB0360
Mental Health - Early Childhood Mental Health Services - Pilot Program
This bill establishes the Early Childhood Mental Health Services Pilot Program (ECMHSPP). The Program is
designed to foster the social and emotional development of children under age 6 through the provision of mental
health screening and consultation. The screening is available to children in registered child care facilities, or in
the care of licensed child care providers. The program also provides for the training of child care providers in the
social and emotional development of a child, and the recruitment of early childhood mental health specialists.
Similar Pilot Programs currently exist in Baltimore City and on the Eastern Shore.
The establishment of the ECMHSPP is dependent on the receipt of either federal or private funds. If the funds are
received the bill will take effect on October 1, 2003, and remain effective for 4 years and 3 months, ending
December 31, 2007, unless further action is taken by the General Assembly.
Effective Date: October 1, 2003
For more information, please contact:
Beth Chaney
SB0209
Maryland Medical Assistance Program - Reimbursement for Outpatient Mental Health Treatment - Dual Eligibility
This bill requires Medicaid to reimburse an outpatient mental health care "provider" the entire amount of the
Medicaid program fee for outpatient mental health treatment provided to an individual eligible for both Medicare
and Medicaid, including any amount ordinarily withheld as a psychiatric exclusion, and any co-payment not
covered under Medicare.
Effective Date: July 1, 2003
For more information, please contact:
Sheila Higdon
SB0273
Mental Hygiene Administration - Emergency Evaluation - Standards and Content
The bill modifies current standards for involuntary admissions of individuals with mental disorders, authorizing
additional criteria on which an individual making a petition for emergency evaluation to base the petition. This
includes observation of the individual, their behavior, or other pertinent factors. The bill also amends existing
language in the petition that refers to the evaluee's potential danger to their own life or safety, or that of others.
Effective Date: October 1, 2003
For more information, please contact:
Sheila Higdon
[ Go to Bills Introduced]
Miscellaneous
HB0062
Environment - Products That Contain Mercury - Labeling and Disposal
This bill would amend Section 6-905 of the Annotated Code of Maryland, and adds Section 6-905.1 and 6-905.2
regarding selling, labeling, and disposing of mercury-added products.
Section 6-905 would be amended to include dyes or pigments, electric switches, fluorescent lamps, and
thermostats as mercury-added products.
Section 6-905.1 contains the same provisions as the previous Section 6-905, regarding the selling/provision of
fever thermometers with mercury by marketers.
Section 6-905.2 is a new section that proposes the following:
-On or after April 1, 2005, a manufacturer or retailer cannot sell a mercury-added product in the State or for use in
the State.
-Manufacturers must clearly label a mercury-added product with information that states that mercury is present in
the product and the product may not be disposed of until the mercury is removed and reused, recycled or
otherwise so as not to be part of solid waste or wastewater.
-On or after October 1, 2005, a person cannot dispose of a mercury-added product in a refuse disposal system
located in the state unless the mercury is removed and reused, recycled or otherwise so as not to be part of solid
waste or wastewater.
-On or after October 1, 2005, refuse disposal system operators must post signs that inform the public of the
prohibition of the disposal of mercury-added products.
The Department of the Environment (DOE) must complete regulations for the implementation of this section by
October 1, 2004, and must consult those impacted by the regulations beforehand.
Effective Date: October 1, 2003
For more information, please contact:
Jason Spangler
HB0341
Maryland Heritage Structure Rehabilitation Tax Credit - Termination
This bill would alter the termination date from June 1, 2004 to June 1, 2003 of the Maryland Heritage Structure
Rehabilitation Tax Credit; providing that the credit may not be claimed unless an application for approval of a plan
of proposed rehabilitation was received by the Director of the Maryland Historical Trust on or before February 1,
2003.
Effective Date: June 1, 2003
For more information, please contact:
Bret Schreiber
SB0214
Campaign Finance - Contribution Limitations
This bill increases the total amount a person may contribute to all campaign finance entities from $10,000 to
$20,000 during an election cycle.
Effective Date: October 1, 2003
For more information, please contact:
Lynette Floyd
[ Go to Bills Introduced]
Pharmaceuticals
HB0363
Maryland Medical Assistance Program - Prior Authorization - Mental Health Drugs
This bill applies to the Maryland Pharmacy Assistance Program (MPAP) and any other pharmacy assistance
programs developed by the Department of Health and Mental Hygiene (DHMH), but does not apply to the State's
Managed Care Organizations (MCOs). It prohibits DHMH from establishing prior authorization requirements or
restricting coverage for drugs used to treat mental illness and brain disorders including: atypical and conventional
antipsychotic medications; active serotonin re-uptake inhibitors; atypical antidepressants; and drugs to treat
epilepsy and other central nervous system brain disorders. The bill also directs DHMH to consider
implementation of a quality improvement program and physician education initiatives on the psychiatric drug
costs.
Effective Date: June 1, 2003
For more information, please contact:
Sheila Higdon
SB0334
Maryland Health Care Foundation - Maryland Medbank Program - Extension and Funding
This bill would authorize the Maryland Medbank Program (MMP) to not only purchase interim supplies of
prescription drugs for enrollees who have applied to participate in a manufacturer's patient assistance program
(but have not yet received the approved drug), but to distribute medication to enrollees who have been approved to
participate in a manufacturer's patient assistance program.
Beginning in FY 2005, and each fiscal year thereafter, the bill requires the Governor to include at least $3 million
for the grant to the MMP.
Effective Date: July 1, 2003 (Sunset June 30, 2006)
For more information, please contact:
Nicole Xander
[ Go to Bills Introduced]
Public Health
HB0063
Vehicle Laws - Use of Hand-Held Telephone While Driving - Prohibition
This bill would make it illegal for drivers to operate a held telephone while the vehicle is in motion. Exceptions
include calling 911, or a public safety agency regarding an emergency, an employee of an electric, gas or
telephone company for emergency communication, or an operator of an emergency vehicle being used in official
capacity.
Effective Date: October 1, 2003
For more information, please contact:
Jason Spangler
SB0083
Law Enforcement - Forfeited Property and Agency-Owned Handguns - Disposition
This bill would amend both Section 3-501 and Section 13-206(a) of the Annotated Code of Maryland, by allowing
a law enforcement unit or agency to sell, exchange, or transfer forfeited property or a handgun owned by the
agency to a federally licensed gun dealer. Under the current Code, a law enforcement unit or agency can only
destroy the forfeited property or handgun, or sell, exchange, or transfer the forfeited property or handgun to another
law enforcement unit or agency (or assigned or retired officer in the case of a handgun).
Effective Date: October 1, 2003
For more information, please contact:
Jason Spangler
[ Go to Bills Introduced]
Taxes
SB0324
Tobacco Tax - Rate
The bill increases the tobacco tax from $1.00 to $1.36 per pack of 20 cigarettes.
Effective Date: July 1, 2003
For more information, please contact:
Sheila Higdon
SB0529
Alcoholic Beverage Tax - Maryland Emergency Medical System Operation Fund
This bill doubles the alcohol tax, and requires that 100% of the additional funds collected, be transferred to the
Maryland Emergency Medical Systems Operation Fund (MEMSOF). This fund provides grants to various
components of the System to include local fire and rescue, University of Maryland Shock Trauma, and the State
Police Aviation Division. The additional funds are to be dedicated to MEMSOF beginning in FY 2005, and
continue until FY 2009.
Effective Date: July 1, 2003
For more information, please contact:
Jim Kaufman
[ Go to Bills Introduced]
Tobacco Settlement
HB0247
Cigarette Restitution Fund - Required Appropriations
The bill stipulates that appropriations made from the Cigarette Restitution Fund (CRF) for the purposes of the
Maryland Medical Assistance Program (MMAP), may not be counted as appropriations satisfying the requirement
to use 50% of the funds for the specific purposes to the Tobacco Use Prevention and Cessation Program, the
Cancer Prevention, Education, Screening and Treatment Program and other specifically defined programs.
Effective Date: October 1, 2003
For more information, please contact:
Sheila Higdon
[ Go to Bills Introduced]
Tort Reform
HB0294
Consumer Protection - Maryland Consumer Protection Act - Scope
This bill amends the existing Maryland Consumer Protection Act (MCPA) by adding health care professionals to
the list of professionals, as defined by Section 3-2A-01 of the Court Article, that are not subject to the MCPA.
This Article also defines health care provider as: a hospital, a related institution, a physician, an osteopath, an
optometrist, a chiropractor, a nurse, a dentist, a podiatrist, a psychologist, a social worker, and a physical
therapist.
Effective Date: July 1, 2003
For more information, please contact:
Jim Kaufman
SB0149
Courts - Right of Party to Be Present at Trial
This bill prevents a party to a court action from being excluded from the trial, except to preserve decorum, or to
continue the orderly proceedings of the court. The bill states that the intent of the General Assembly is to allow a
party to be present during an action, regardless of their physical or mental disability.
Effective Date: October 1, 2003
For more information, please contact:
Jim Kaufman
SB0437
Health Care Records - Confidentiality - Ex Parte Communications With Health Care Providers
This bill prohibits health care providers and hospitals from communicating information about a patient to anyone
in connection with an actual or potential personal injury claim, or family law proceeding, without the written
consent of the patient or their authorized representative. However, if compelled by a subpoena or other legal
proceeding for which proper notice has been given to the patient, a health care provider may communicate
information without the authorization of the patient.
This does not prohibit a health care provider from communicating with their own insurer, or legal counsel in
connection with an actual or potential claim directly involving the health care provider.
In addition, the bill adds language to existing statute allowing the disclosure of a medical record without the
authorization of a patient, provided that the party requesting the release of the medical record provides the
patient's health care provider with an affidavit that the patient has been informed of the request.
Effective Date: October 1, 2003
For more information, please contact:
Sheila Higdon
[ Go to Bills Introduced]
