Johns Hopkins Institutions



Legislative Hotline

2004 SESSION OF THE
MARYLAND GENERAL ASSEMBLY



Volume 12, Number 2 February 4, 2004


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

FY 2005 CAPITAL BUDGET
MEDICAL MALPRACTICE INSURANCE
GOVERNOR'S STATE OF THE STATE ADDRESS


BILLS INTRODUCED
STAFF CONTACT INFORMATION

FY 2005 CAPITAL BUDGET

The Governor released his five-year capital budget plan this week that includes a proposed FY 2005 spending plan (excluding transportation projects) that totals $847.4 million. The budget includes $2.0 million the Johns Hopkins University library storage facility and beginning in FY 2006, $25 million over five-years for the Johns Hopkins Pediatric Trauma Center. Below is a summary of major projects of interest to Johns Hopkins that are included in the five-year capital improvement plan.

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MEDICAL MALPRACTICE INSURANCE

On Tuesday, January 27th, the Administration introduced House Bill 287 and Senate Bill 193 titled Maryland Medical Injury Compensation Reform Act, the Administration's version of medical malpractice tort reform. The crossfiled bills include provisions for a cap on noneconomic damages of $500,000, an annuity provision for economic and noneconomic damages in excess of $250,000, and requires an itemization of the award that reflects the monetary amount intended for past medical expenses, future medical expenses, past loss of earnings, future loss of earnings, noneconomic damages, and other damages. Limits on attorneys' fees are not included in the bill. At this point, the Alliance to Preserve Access does not plan on introducing a separate bill but will introduce amendments adding limits on attorney fees and lowering the cap on noneconomic damages to $350,000.

On Thursday, January 29th, the House Judiciary Committee held a briefing on medical malpractice issues at which proponents and opponents of tort reform were afforded time to begin to lay out the issue before the committee. Due to the length of the briefing, the committee decided not to ask questions of the panelist but reserve questions for the formal hearing. Rick Kidwell from Johns Hopkins spoke in support of reform along with Don Hogan from the Governor's Office, Steve Larson from the Alliance to Preserve Access, Cal Pierson from MHA, and Mike Preston and Dr. Bernard Siegel of MedChi.

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GOVERNOR'S STATE OF THE STATE ADDRESS

Governor Ehrlich gave his 2nd annual State of the State Address on January 29, 2004. The Governor focused on the five pillars of his administration: fiscal responsibility, educational excellence, health and the environment, public safety, and commerce. The Governor stated that the Medicaid budget for FY 2005 increased by $302 million over FY 2004 and will enable Maryland to serve 636,000 Marylanders. The Governor also identified soaring medical malpractice insurance costs as a major factor in the escalating cost of healthcare stating that Maryland's largest carrier will increase premiums by 28 percent.

The Governor also mentioned the $326 million increase in funding for K through 12 education, environmental issues including the health of the Chesapeake Bay and nutrient management, the establishment of the State Office of Individuals with Disabilities, $4 million to fund drug and alcohol treatment in lieu of incarceration, and the Inter-County Connector.

Text of the State of the State Address can be found at:
http://www.sunspot.net/news/local/bal-statetext012904,0,82735.story?coll=bal-home-headlines


BILLS INTRODUCED
Higher Education
Public Health
Tort Reform
Miscellaneous



BILLS INTRODUCED

Higher Education

HB10   In State Student Enrollment
House Bill 10 requires that in state undergraduate student enrollment at each institution of the University System of Maryland (except UMUC) make up at least 75% of the institution's total undergraduate student population. The bill also requires that the Board of Regents of the University System of Maryland establish a program to encourage institutions to increase in-state undergraduate student enrollment to 80% of the total undergraduate student population.

Effective Date: October 1, 2004

For more information, please contact: Bret Schreiber


HB66   Cap on Tuition Increases
This bill limits, to the rate of inflation for the previous calendar year, the amount of the annual increase in tuition that may be charged each academic year to a resident undergraduate or graduate student at a constituent institution of the University System of Maryland.

Effective Date: July 1, 2004 and shall be effective for 2years.

For more information, please contact: Bret Schreiber


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Miscellaneous

HB212   St. Joseph Medical Center
This is a bond bill in the amount of $230,000 for the planning, design, renovation, expansion, repair, construction, and capital equipping of the Pediatric Urgent Care Center at St. Joseph Medical Center, located in Towson. The proceeds must be expended no later than June 1, 2011.

Effective Date: June 1, 2004

For more information, please contact: Heather Woods Barthel


HB272   Lead Poisoning Prevention
This bill raises two fees collected by the Maryland Department of the Environment under their Lead Poisoning Prevention Program. It raises the annual registration fee for a rental dwelling from $10 to $50. It also raises the processing fee from $5 to $25 for an owner submitting a report that the rental dwelling unit is lead free.

Effective Date: October 1, 2004

For more information, please contact: Jim Kaufman


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Go to Bills Introduced]

Public Health

HB26   Polybrominated Diphenyl Ether
This bill prohibits, beginning October 1, 2008, a person from manufacturing, processing, or distributing a product or a flame-retardant part of a product that contains more than one-tenth of 1% of pentabrominated diphenyl ether (pentaBDE) or octabrominated diphenyl ether (octaBDE). The prohibition would not apply to the processing of metallic recyclables.

PentaBDE and octaBDE are two polybrominated diphenyl ether (PBDE) compounds commonly used in fire retardants. PBDEs have been routinely used in the plastic housing of computers and circuit boards and in the foam and textiles used in furniture. Concerns about the effects of PBDEs on human health and the environment are mounting. PBDEs persist in the environment and are building up rapidly in humans and fish. PBDEs have the potential to disrupt thyroid hormone balance and contribute to a variety of developmental deficits. PBDEs may also have the potential to cause cancer. Some scientists have noted the similarities between PBDEs and polychlorinated biphenyls (PCBs), a chemical that was banned in the 70's due to its toxicity and persistence. According to the Maryland Department of the Environment (MDE), the U.S. Environmental Protection Agency is currently analyzing the effects of PBDEs.

Because of the potentially harmful effects of PBDEs, efforts to eliminate them from products have been made throughout the world. The European Union voted in December 2002 to ban the use of PBDEs in electrical and electronic equipment sold in member countries. A growing number of electronics and furniture manufacturers have adopted official policies to phase out their use of PBDEs. In 2003 California enacted legislation to phase out the use of pentaBDE and octaBDE by 2008.

This bill is similar to the legislation enacted in California.

Effective Date: October 1, 2004

For more information, please contact: Heather Woods Barthel


HB136   Products That Contain Mercury
This bill continues the prohibition on the sale of mercury thermometers and also continues the exemption of hospitals from this prohibition.

In the bill, a mercury-added product is defined as any of the following products if it contains elemental mercury or a mercury compound that has been added to the product for any reason: dyes or pigments, electric switches, fluorescent lamps, and thermostats.

Beginning April 1, 2006, unless a mercury-added product is labeled in accordance with the bill and regulations adopted by MDE, a manufacturer or wholesaler may not sell the product at a retail store, to a retailer, or for use in the State. Unless properly labeled, a retailer may not knowingly sell a mercury-added product in the State. The manufacturer of the product is responsible for affixing the label required under the bill.

Beginning October 1, 2006, a person may not knowingly dispose of a mercury-added product in a refuse disposal system located in the State unless the mercury has been removed from the product and reused, recycled, or otherwise managed to ensure that it does not become part of solid waste or wastewater. By October 1, 2006, a refuse disposal system permit holder must post signs at all entrances to the refuse disposal system informing the public of that prohibition.

The bill does not apply to prescription drugs; any substance regulated by the federal Food, Drug, and Cosmetic Act; or biological products regulated by the federal Food and Drug Administration under the federal Public Health Service Act.

Effective Date: October 1, 2004

For more information, please contact: Heather Woods Barthel


HB203   Emergency Contraception
This bill authorizes a licensed pharmacist to dispense emergency contraception if the pharmacist has an arrangement with a licensed physician that is approved by the Board of Pharmacy and the State Board of Physicians. It also authorizes a licensed pharmacist to initiate the arrangement; provides for the duration of the arrangement; and requires the Board of Pharmacy and the State Board of Physicians to jointly develop and adopt regulations to implement the Act.

Effective Date: October 1, 2004

For more information, please contact: Suchita Lorick


HB204   Emergency Contraception Dispensing Program
The bill establishes the Emergency Contraception Dispensing Program within the Department of Health and Mental Hygiene and provides a means of authorizing licensed pharmacists to dispense emergency contraception without a prescription. It authorizes the Department to adopt specified regulations, collect specified fees, issue and renew certificates to specified licensed pharmacists, and conduct and approve specified educational training programs.

Effective Date: October 1, 2004

For more information, please contact: Suchita Lorick


HB290   Federally Qualified Health Centers Grant Program
This bill creates the Federally Qualified Health Centers Grant Program, which authorizes the Board of Public Works to provide grants under specified circumstances for the conversion of public buildings to Federally Qualified Health Centers for specified purposes. It also authorizes specified entities to apply to the Department of Health and Mental Hygiene for State grants; provides specified terms, conditions, and limitations on the allocations, use, and amount of State grants; etc.

Effective Date: July 1, 2004

For more information, please contact: Suchita Lorick


HB346    School Nutrition Program
The bill establishes a School Nutrition Program that prohibits specified beverages and specified foods from being served in public schools between the hours of 12:01 a.m. and the end of the last lunch period. It also authorizes local school systems to implement more stringent measures to improve nutrition in the public schools.

Effective Date: July 1, 2006

For more information, please contact: Suchita Lorick


HB398   Umbilical Cord Blood
The bill requires each hospital to offer pregnant patientsthe option of donating a newborn child's umbilical cord blood to certified public cord blood banks with a specified exception. It would prohibit a patient from being charged for the collection, storage, or transportation of donated cord blood; providing that a hospital is not required to collect cord blood from a patient if a licensed physician determines that collection would threaten the health of the mother or child; etc.

Effective Date: October 1, 2004

For more information, please contact: Suchita Lorick


SB140   Clean Indoor Air Act
This bill prohibits a person from smoking in indoor areas open to the public and places of employment. It requires the Department of Health and Mental Hygiene and the Department of Labor, Licensing, and Regulation to adopt regulations to implement the provisions of the prohibition; requires these departments to report to the General Assembly; and establishes civil penalties and fines for the violation of the Act.

Effective Date: October 1, 2004

For more information, please contact: Suchita Lorick


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Go to Bills Introduced]

Tort Reform

SB193   Medical Injury Compensation Reform
This is the Administration's medical malpractice tort reform bill. The bill includes provisions for a cap on noneconomic damages of $500,000, an annuity provision for economic and noneconomic damages in excess of $250,000, and requires an itemization of the award that reflects the monetary amount intended for past medical expenses, future medical expenses, past loss of earnings, future loss of earnings, noneconomic damages, and other damages. Limits on attorneys' fees are not included in the bill.

Effective Date: June 1, 2004

For more information, please contact: Heather Woods Barthel


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Go to Bills Introduced]


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 Woods Barthel hbarthe1@jhmi.edu
Suchita Lorick slorick@jhsph.edu
Mickey Geisler mgeisler@jhu.edu

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Acronyms


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 04feb04