CIGARETTE RESTITUTION FUND TESTIMONY
Drs. Martin Abeloff, John Groopman, and Jean Ford, testified before the House Appropriations Committee at the
Cigarette Restitution Fund budget hearing. Testimony from the Department of Legislative Services' budget analyst,
the Department of Health and Mental Hygiene and the University of Maryland was also heard.
The Hopkins team reported on the progress of the Public Health Grant, and the Cancer Research Grant supported by the
Cigarette Restitution Fund Program. They provided the Committee members with documents demonstrating the success of
the CRF program. The hearing went smoothly, with no recommendations from the analyst for any further budget cuts to
the Johns Hopkins appropriations and no unexpected questions from legislators. The Governor has budgeted $4.59 million
in FY2004, for Johns Hopkins from the Cigarette Restitution Fund, significantly less than the $15 million request.
Efforts continue to increase the Johns Hopkins appropriations remain a priority despite the State's fiscal challenges.
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BILLS INTRODUCED
Bond Bills
General Health Care
Health Care Facilities
Health Care Practitioners
Health Insurance
Pharmaceuticals
Public Health
Tort Reform
Miscellaneous
BILLS INTRODUCED
Bond Bills
SB0667
Creation of a State Debt - St. Joseph Medical Center
This bill authorizes the creation of a State Debt in the amount of $435,000. The debt is to be used as a grant to
the Board of Directors of St. Joseph Medical Center, for the renovation, expansion, repair, construction, and
capital equipping of Phases 3 and 4 of the hospital's emergency services department, located in Towson.
Effective Date: June 1, 2003
For more information, please contact:
Bret Schreiber
[ Go to Bills Introduced]
General Health Care
HB0882
Maryland Breast Cancer Research Fund - Income Tax Checkoff
This bill establishes the Maryland Breast Cancer Research Fund within the Department of Health and Mental
Hygiene (DHMH), to provide grants for breast cancer research. Breast cancer research in this bill is defined as
research to develop and advance the understanding of breast cancer, and the techniques and modalities effective
in the prevention, cure, screening and treatment of breast cancer. The Fund will be supported through a check
off on the Maryland Tax return form, and will be applicable to all taxable years beginning after December 31, 2002.
Individuals will be able to designate a portion of their refund for this purpose. Proceeds can be used to fund
grants to eligible physicians, hospitals, laboratories, educational institutions, and other organizations and
persons to conduct breast cancer research.
Effective Date: July 1, 2003
For more information, please contact:
Sheila Higdon
[ Go to Bills Introduced]
Health Care Facilities
HB0481
Health - In Vitro Services - Advance Directives for Disposition of Cryopreserved Eggs, Sperm, or Embryos
According to this bill, a health care provider or facility providing In Vitro or assisted reproductive services in which
eggs, sperm, or embryos are to be cryopreserved for storage must require that an advance directive be completed
for the disposition of the cryopreserved eggs, sperm, or embryos. The health care provider or facility may not be
held liable for civil damages, and may not be subject to any criminal or disciplinary action for a disposition
carried out in accordance with an advance directive.
The advance directive at a minimum, shall:
1) Be in writing & signed by:
* for cryopreserved eggs, the female donee,
* for cryopreserved sperm, the male donee, and
* for cryopreserved embryos, both male & female donees,
2) Include options for disposition in the event of death of a participating partner, divorce, or a decision of the
partners to cease participating,
3) Include a provision requiring compliance with the policies & procedures required to notify the provider or facility
of a request to change or execute an advance directive, and
4) If applicable, include an agreement requiring compliance with the policies & procedures to be followed in the
event of nonpayment of storage fees.
Options for disposition may include:
1) Transfer of the eggs or embryos to the male partner if the female partner dies,
2) Transfer of the sperm or embryos to the female partner if the male partner dies,
3) Donation of eggs, sperm, or embryos to another individual or couple,
4) Donation for research,
5) Thawing, with no further action.
The advance directive must be submitted to the Department of Health and Mental Hygiene (DHMH) before a
provider or facility may use it. DHMH must consult with the Department's Assistant Attorney General for the review
of the advance directive to assure the following:
1) The rights and responsibilities, and duties of the parties are clear and legible,
2) The advance directive complies with federal and state laws,
3) The advance directive does not contain provisions that are unenforceable because of public policy.
Within 30 days of submission, DHMH shall notify the provider or facility of approval or disapproval. A decision to
disapprove a provision of an advance directive must clearly state the grounds for disapproval.
Effective Date: October 1, 2003
For more information, please contact:
Nicole Xander
HB0759
Advisory Committee to Study Expansion of the All-Payor System
This bill creates a 16-member committee to study expansion of the All-Payor system. The committee is to meet
at least once a month and focus on system expansion as a means to reduce uncompensated care costs for the
following:
1) Outpatient health care services provided at freestanding private psychiatric hospitals,
2) Pubic and private outpatient mental health clinics,
3) Urgent care centers.
The committee is to consider the effects of expanding the all-payor system on reducing uncompensated care,
accessibility of health care services, and the impact on third party payors, including Medical Assistance.
The committee, which will elect a chairman, will be comprised of:
- 2 members of the Senate
- 2 members of the House of Delegates
- The Secretary of Health
- Executive Director of the Maryland Health Care Commission
- Executive Director of the Health Services Cost Review Commission
- The Maryland Insurance Commissioner
- A physician representative chosen by the Medical and Chirurgical Faculty of Maryland
- A hospital representative chosen by the Maryland Hospital Association
- A psychiatrist, chosen by the Maryland Psychiatric Society
- A representative of third party payors, chosen by the Governor
- A labor representative, chosen by the Governor
- A health care economist chosen by the Governor
Effective Date: July 1, 2003 (Sunset December 31, 2003)
For more information, please contact:
Jim Kaufman
HB0780
Emergency Telephone System - Wireless Enhanced 911 Service
This bill primarily clarifies the inclusion of Commercial Mobile Radio Service (CMRS) providers and subscribers
within the current statute and calls for an implementation plan for wireless enhanced 911 (WE-911).
Unlike House Bill 833, this bill would leave the maximum county-assessed fee at 50 cents but would apply the
fee to individual telephone numbers rather than bills rendered. The 9-1-1 fee would be defined as 10 cents per
month for switched local exchange access services and 35 cents for CMRS subscribers, with the caveat that the
fee "may not be imposed on more than 50 CMRS exchange lines, including PBX trunks and centrex lines per
customer billing account."
Effective Date: July 1, 2003
For more information, please contact:
Kate Bishop
HB0781
Catastrophic Health Emergency - Volunteer Health Care Provider - Workers' Compensation
This bill would bar any workers' compensation underwriter from denying any claim made by a hospital employee
that is responding to a catastrophic health emergency as part of a volunteer or hospital-designated catastrophic
health emergency response team. This bill was drafted by the Maryland Hospital Association (MHA) specifically
in response to smallpox vaccinations.
Effective Date: October 1, 2003
For more information, please contact:
Kate Bishop
HB0833
Public Safety - 9-1-1 Emergency Telephone Service
This bill seeks to implement Phase II wireless enhanced 9-1-1(E-911), a system that allows any Public Safety
Answering Point to trace the phone number of a wireless call. Besides giving a deadline of July 1, 2004, for an
implementation plan for Phase II E-911, the bill would require the board to submit an evaluation of the cost and
fee structure of E-911 deployment by December 31, 2006, though the board may require an independent audit of
collections and fee remissions by telephone companies or 9-1-1 carriers annually, and must report annually to the
Governor, the Secretary, and the Legislative Policy Committee.
E-911 installation, enhancement, maintenance, and operation will be funded by the state-imposed 9-1-1 fee and
any additional fees authorized by a county. The current authorized 9-1-1 fee is 25 cents per month and is remitted
from the telephone company to the Comptroller to be compiled in the 9-1-1 trust fund. Any additional charge for
9-1-1 operations can be instituted by a county, but cannot exceed 75 cents per month for "all current bills rendered
for switched local exchange access service." This has been increased from 50 cents. This additional charge is
also remitted to the trust fund.
Effective Date: October 1, 2003
For more information, please contact:
Kate Bishop
[ Go to Bills Introduced]
Health Care Practitioners
HB0974
Health Maintenance Organizations - Patient Access to Choice of Provider
This bill allows a Health Maintenance Organization (HMO) enrollee to select either a primary physician, or a nurse
practitioner as their primary care provider. If the enrollee chooses a nurse practitioner, that health care
professional must be at the same location as the nurse practitioner's collaborating physician, and the
collaborating physician providing the continuing medical management as required. The bill states that the
language is not intended to require an HMO to include nurse practitioners to the organization's provider panel.
Effective Date: October 1, 2003
For more information, please contact:
Jim Kaufman
SB0646
Abortifacient Conscience Act
According to this legislation, a person may not be required to perform, participate in, or refer to any source for, any
medical procedure that results in the destruction of a fertilized ovum. Currently, individuals are not required to
perform or participate in procedures resulting in artificial insemination, sterilization, or termination of pregnancy.
Effective Date: October 1, 2003
For more information, please contact:
Nicole Xander
[ Go to Bills Introduced]
Health Insurance
SB0651
Health Insurance - Small Group Market - Health Reimbursement Arrangements
This bill requires the Maryland Health Care Commission (MHCC) to adopt regulations for the small group market
that specifies a modified health benefit plan. The plan must qualify as a health reimbursement arrangement as
provided by the Internal Revenue Service (IRS) and allowed under Internal Revenue Code, including a menu of
deductibles that would include a deductible of at least $5,000.
Effective Date: October 1, 2003
For more information, please contact:
Nicole Xander
SB0672
Health Insurance - Provider Panels - Lists of Providers
This bill alters the manner in which health insurance carriers are required to provide to enrollees and prospective
enrollees, a list of providers on the carrier's provider panel. Carriers will be required to inform each existing and
prospective enrollee how to obtain provider information on the Internet or in printed form.
Effective Date: October 1, 2003
For more information, please contact:
Sheila Higdon
[ Go to Bills Introduced]
Miscellaneous
HB0019
Recordation and Transfer Taxes - Transfers of Controlling Interests
This bill imposes taxes on the transfer of a corporation, partnership, association, limited liability company,
limited liability partnership, other unincorporated form of doing business, or a trust that owns interests in real
property in Maryland that constitute at least 80% of the value of its assets and has an aggregate value of at least
$500,000. It will require submission of certain reports and a filing fee for those reports.
The transaction is exempt only if it occurs over a period of more than 12 months, or if the transfer is not made in
accordance with a plan of transfer. It does not apply to a transfer to a subsidiary, partner, or a parent corporation. It
also does not apply to non-stock corporations or a continuing care retirement community.
Effective Date: January 1, 2004
For more information, please contact:
Kate Bishop
[ Go to Bills Introduced]
Pharmaceuticals
HB0950
Maryland Pharmacy Assistance Program - Copayment
This bill alters the co-payment for the Maryland Pharmacy Assistance Program (MPAP) from $5.00 for each
covered service to $2.50 for generic drugs, or drugs on a preferred drug list and $7.50 for brand name drugs.
Effective Date: October 1, 2003
For more information, please contact:
Nicole Xander
[ Go to Bills Introduced]
Public Health
SB0261
Clean Indoor Air Act of 2003
This bill establishes the Clean Indoor Air Act of 2003, which would make it illegal to smoke in all indoor public
areas, including places of employment, elevators, and at least 75% of motel or hotel sleeping quarters.
Exceptions include:
1) Private residences and automobiles, including those used for business, except child or day care or
transportation for children,
2) Private social functions in indoor areas,
3) Private limousines,
4) Hotel/motel room when total rented rooms is less than 25%
5) Fund-raising function of volunteer fire, ambulance, or rescue company, or fraternal benefit society,
6) Indoor area used for art performance (music, film, theater) where tobacco smoke is a part of performance.
The bill also requires warning signs where smoking is permitted, and the Department of Health and Mental
Hygiene (DHMH) and the Department of Labor, Licensing and Regulation (DLLR) to report to the General Assembly
on enforcement of regulations.
There will be a fine of $100 for first violation, and at least $250 each subsequent violation.
Effective Date: October 1, 2003
For more information, please contact:
Jason Spangler
SB0494
Firearms - Assaults Weapons - Ban
This bill would remove assault weapons (as specified by the list in the bill) from being previously regulated
firearms. These weapons would now be prohibited in the State from being possessed, sold, transferred, offered,
received, or transported. The bill does not apply to law enforcement or military personnel, those who sell to these
personnel, or weapons obtained through inheritance or as part of an estate. The bill also does not apply
retroactively -- those who possessed registered weapons before the effective date may continue to do so.
Violation entails imprisonment up to three years and a fine up to $5000. If the violation includes a weapon with
more than 20 rounds, imprisonment is 5 to 20 (without parole unless eligible under current statute) years with
subsequent violation imprisonments of 10 to 20 years.
Effective Date: October 1, 2003
For more information, please contact:
Jason Spangler
[ Go to Bills Introduced]
Tort Reform
HB0832
Payment of Future Economic Damages
This bill states, if all parties to an action agree, or if any party files an effective election for future economic
damages exceeding $100,000, the court or health claims arbitration panel shall order that all or part of the award
be paid in the form of an annuity or other appropriate financial instruments.
The effective election described above must be filed at least 120 days before trial, and an objection to the
election must be filed within 30 days after service of the election. The court or panel may waive these time limits.
The bill also states that election is effective unless:
1) The plaintiff stipules that the claim for future economic damages is less than $100,000,
2) the court or panel finds good cause why an award should not be paid in the form of an annuity or similar
financial instrument,
3) all parties agree.
The bill also states that if an annuity will be used to pay for future economic damages, the financial instrument
must be purchased from an insurance company that has at least two of the ratings listed in the statute from
approved rating agencies.
Effective Date: October 1, 2003
For more information, please contact:
Jim Kaufman
[ Go to Bills Introduced]
