Johns
Legislative Hotline
2005 SESSION OF THE
MARYLAND GENERAL ASSEMBLY
Volume
13, Number 4������������������������������������������������������������������������������������������� February 10, 2005
Here are some of the hot issues as the 2005
Legislative Session develops:
MICUA Day
Minority
Health Disparities
BILLS
INTRODUCED
STAFF CONTACT INFORMATION
On February 3, students from the
For more information, please contact Bret Schreiber.
�[ Go to Top]
In recognition of the need to
address the minority health disparities, the Maryland General Assembly’s
House of Delegates has recently established a subcommittee to focus on this
issue.� Chairing the House Health and
Government Operation’s Minority Health Disparities Subcommittee, is
Delegate Shirley Nathan-Pulliam, who has also served as chair of the
Legislative Black Caucus Health Committee.�
Delegate Nathan-Pulliam has tapped experts from Johns Hopkins to
participate in briefings before her subcommittee and other committees of the
General Assembly.�
Dr. Myron Weisfeldt, Chair of the Department of Medicine, briefed the
full HGO committee on efforts at
The Minority Health
Disparities subcommittee invited Dr. Thomas LaVeist
of the Center for Health Disparities Solutions at Johns Hopkins Bloomberg
School of Public Health’s.� LaVeist and a colleague from
For more information, please
contact Sheila Higdon.
�[ Go to Top]
On Thursday February 3, the
House Health and Government Operations Committee held a hearing on HB 85
– Medicaid Medical Loss Ratio (MLR).�
The bill, sponsored by Delegate Jim Hubbard would provide an MCO an appeal
if the plan is sanctioned for violating the statutory 85% medical loss ration
(MLR).� While all of the MCOs supported the bill, Steve Larson, CEO Americaid testified that the implementation of the MLR was
unclear due to: (1) the definitions of how the MLR is calculated, (2) what is
administrative versus medical for the MLR, and (3) the amount
of the sanction if a plan violates the MLR.� Mr. Larson went on to say that Americaid was working to have a bill introduced that would
repeal the 85% MLR because this measure did not ensure quality care.� He noted that the 85% was an arbitrary
number, citing that the State’s small group market only requires a 75%
MLR.� The committee did not appear
supportive of changing the MLR, instead several members questioned it should be
strengthen to include requiring the Secretary to sanction a plan for violating
the MLR.�
For
more information, please contact Jim Kaufman
�[ Go to Top]
The week on February 7, in
the
For more information, please contact Heather
Barthel.
BILLS INTRODUCED
HB0281� Creation of a State Debt - Atlantic General Hospital
The bill authorizes a $100,000 state grant, funded
through general obligation bonds, to support the construction and equipping of
the Women’s Imaging Center to be located at the hospital campus in
Berlin, Maryland.
Effective Date:�
June 1, 2005
For more information, please contact:� Jim Kaufman
HB0385� Creation of a State Debt - Adventist HealthCare
The bill authorizes a $400,000 state grant, funded
through general obligation bonds, to support the construction and equipping of
the specialty acute psychiatric service center for emotionally disturbed
children located at the Potomac Ridge Behavioral Health System located in
Rockville, Maryland.
Effective Date:�
June 1, 2005
For more information, please contact:� Jim Kaufman
HB0492� Creation of a State Debt - Calvert Memorial Hospital
of Calvert County
The bill authorizes a
$1,100,000 state grant, funded through general obligation bonds, to support the
renovation, construction and equipping of the emergency department, lab, and a
rapid admission unit at Calvert Memorial Hospital in Prince Frederick,
Maryland.
.Effective Date:�
June 1, 2005
For more information, please contact:� Jim Kaufman
SB0196� Creation of a State Debt - Baltimore County -
Northwest Hospital Center
The bill authorizes an $800,000 state grant, funded
through general obligation bonds, to support the construction, renovation, and
equipping of the intensive care unit for Northwest Hospital Center’s
Baltimore County campus.
Effective Date:�
June 1, 2005
For more information, please contact:� Jim Kaufman
HB0130� Property Tax Exemptions - Charitable or Educational
Purposes - Requirements
House Bill 130 alters the ownership requirements for
property to be eligible for a property tax exemption for charitable or
educational purposes.� The bill allows
property held by a Limited Liability Company for the benefit of an organization
that is already exempt from taxation to receive the exemption without setting
up a trust agreement for the property.
Effective Date:�
June 1, 2005
For more information, please contact:� Bret Schreiber
HB0130� Property Tax Exemptions - Charitable or Educational
Purposes - Requirements
House Bill 130 alters the ownership requirements for
property to be eligible for a property tax exemption for charitable or
educational purposes.� The bill allows
property held by a Limited Liability Company for the benefit of an organization
that is already exempt from taxation to receive the exemption without setting
up a trust agreement for the property.
Effective Date:�
June 1, 2005
For more information, please contact:� Bret Schreiber
HB0205� Environment - Gasoline Containing Methyl Tertiary
Butyl Ether - Prohibition
The bill establishes
that on or after January 1, 2008, a person may not sell, offer for sale,
supply, or offer for supply gasoline that contains more than 0.5% of Methyl
Tertiary Butyl Ether (MTBE) by volume.�
The bill also authorizes the Maryland Department of the Environment
(MDE) to adopt regulations necessary to implement the ban.�
The bill also mandates that
MDE shall study and report on or before December 1, 2006, to the Senate
Education, Health, and Environmental Affairs Committee and the House Environmental
Matters Committee regarding the practicability and economic, environmental, and
public health effects of replacing MTBE with ethanol in gasoline sold in the
State.
Effective Date:�
October 1, 2005
For more information, please contact:� Heather Barthel
General Health Care
HB0366� Prescription Drugs - Price Controls
The bill authorizes
the Maryland Health Services Costs Review Commission to regulate prices at
which pharmaceutical manufacturers may sell prescription drugs in the
state.� A drug manufacturer is required
to provide the HSCRC with information regarding the identity of the drug, the
price at which the drug sells in
any market and the costs of
making and marketing the drug.� Before
the manufacturer may increase the price of a drug the increase must be approved
or denied by the HSCRC within 90 days of the proposed increase.� If the request is rejected, the manufacturer
may request a hearing.
The HSCRC is required to
collect information from each manufacturer to include the drugs sold in the
state, revenues, as well as the expenditures of the pharmaceutical manufacturer
on research and development for prescription drugs.� This information is confidential and may only
be released with the permission of the manufacturer.� To cover the costs of the additional duty,
the HSCRC may impose a fee on the manufacturers.
Effective Date:�
October 1, 2005
For more information, please contact:� Jim Kaufman
HB0417� Health Insurance - Pharmacies - Electronic
Reimbursement
The bill applies section 15-131 of the Insurance Article
to HMOs.� This section states that any
plan that provides coverage for prescription drugs, directly or indirectly, and
requires the pharmacy to submit a request for payment electronically, then the
pharmacy or its agent may chose to be reimbursed electronically.
Effective Date:�
October 1, 2005
For more information, please contact:� Jim Kaufman
SB0247� Health Care Decision Making Forms - Health Insurance
Portability and Accountability Act - Personal Representatives
The bill modifies the existing Health Care Decision
Making Form, Living Will, and Advance Medical Directive Health Care
Instructions forms to be in accordance with the Federal Health Insurance and
Portability and Account Act.
Effective Date:�
October 1, 2005
For more information, please contact:� Jim Kaufman
SB0251� Task Force to Study Electronic Health Records
This bill establishes
a Task Force to Study Electronic Health Records and consists of 22 members,
including member of the Senate, member of the House, Dean of the University of
Maryland School of Medicine, or designee, Dean of the Johns Hopkins University
School of Medicine, or designee, and the Dean of the Uniformed Services
University of Health Sciences School of Medicine, or designee.� Also on the Task Force is one representative
from each of the following: Department of Health and Mental Hygiene, Department
of Budget Management, Attorney General's Office, Medical Records Privacy
Commission, Maryland/DC Collaborative for Healthcare Information Technology, Maryland
Hospital Association (2 representatives), home health care, medical laboratory,
nursing home or long-term care, information technology field as it relates to
health care, health insurance industry, physician, nurse, pharmacist, consumer
members (2).
The members of the Task
Force will elect a chair from among their members and DHMH will provide
staff.� The Task Force will be charged to
study electronic health records and the current and potential expansion of electronic
health record utilization in the State, including:
1) electronic transfer,
2) electronic prescribing,
3) computerized physician
order entry, and
4) the cost of
implementation.
The Task Force will report its findings to the Governor and General Assembly by December 31, 2006, at which time the bill sunsets.
Effective Date:�
July 1, 2005
For more information, please contact:� John Safapour
Health Care Facilities
HB0310� Labor and Employment - Payment of Overtime -
Registered Nurses
This bill requires that registered nurses providing
direct patient care be entitled to payment for overtime on the basis of each
hour over 40 hours that an employee works during one work week, as provided
under � 3-415 of the Labor and Employment Article.
Effective Date:�
October 1, 2005
For more information, please contact:� Sheila Higdon
HB0317� Prescription Drug Repository Program
HB317 requires the
Board of Pharmacy to establish a Prescription Drug Repository Program to accept
and dispense prescription drugs donated for the purpose of dispensing to individuals
who are residents of the state and meet eligibility requirements established by
the Board.
The Program may only accept
and dispense drugs that are in their original, unopened, sealed and
tamper-evident unit dose packaging.�
Prescriptions may be
donated to the Program by an individual, a drug manufacturer or health care
facilities.� Donations may be made only
at a pharmacy, hospital, or nonprofit clinic that participates in the Program.
A pharmacy, hospital or
nonprofit clinic seeking to participate must apply to the Board according to
Board regulations.� Participating
pharmacies, hospitals, and nonprofit clinics may only dispense drugs donated
through the Program to individuals who meet the Board-established eligibility
requirements.� They may charge
individuals receiving donated drugs a handling fee, as established by the
Board.
For matters relating to
this program, any pharmacy, hospital, nonprofit clinic or health care
practitioner that accepts or dispenses drugs under this Program that acts in
good faith may not be subject to:
1) criminal prosecution,
2) liability in tort or
other civil action for injury, death, or loss to person or property,
3) disciplinary action by a
professional licensing board.
By October 1, 2006, the
Board shall adopt regulations governing the Program including:
1) participation
requirements,
2) standards and procedures
for accepting and inspecting donated drugs,
3) eligibility standards
based on economic need for individuals to receive drugs,
4) a means to identify an
individuals' eligibility to participating entities,
5) a form that an
individual receiving the drugs must sign before receiving the drugs assuring
that they understand the immunity provisions of the Program,
6) formula to determine the
amount of a handling fee that participating entities may charge individuals,
7) a list of the drugs that
the repository will accept and a list of those they will not accept with a
statement as to why they drugs are ineligible for donation, and
8) a form that individual
donors must sign stating that they are the owner of the drugs and are
voluntarily donating them to the Program.
Effective Date:�
October 1, 2005
For more information, please contact:� Sheila Higdon
Hb0345� Health - Hospital Summary Financial Statement -
Physician Charges
HB 345 requires hospitals to include on the hospital
summary financial statement an account that charges for services provided by a
physician are not included in the total hospital charges and are billed
separately.
Effective Date:�
October 1, 2005
For more information, please contact:� Sheila Higdon
HB0351� Medical Laboratories - Whistleblower Protection and
Regulation
The bill requires
medical laboratories to conspicuously post notice to employees on the manner in
which to report instances of noncompliance with standards and requirements,
including deficiencies regarding testing, quality and inadequately trained
personnel.� The notice must include
complete contact information of the appropriate supervisor, accrediting
organization and DHMH, as well as a description of the employees' rights and
protections.�
The Secretary of Health,
upon receipt of a report of a medical laboratory's noncompliance, will
determine whether to investigate. If the Secretary determines an investigation
is warranted, he will conduct an inspection without notice.� Any individual who notifies a lab of the time
and date of such an inspection is subject to a civil penalty of up to
$2,000.� The Secretary will be required
to submit an annual report to the Governor and General Assembly on any actions
taken relative to reports of noncompliance and/or inspections.� The report must include the promptness with
which actions were taken, the findings of any investigations conducted, and any
actions taken based on the findings.
The bill also prohibits a
medical lab from taking, or refusing to take, any personnel action as a
reprisal against an employee because the employee:
1) discloses or threatens
to disclose any activity, policy, or practice that is in violation of a law,
rule or regulation regarding the clinical diagnostic laboratory tests performed
at the lab,
2) provides information or
testifies before any public body conducting an investigation, hearing or
inquiry into any violation of a law, rule or regulation regarding the clinical
diagnostic laboratory tests performed at the lab, and
3) objects to or refuses to
participate in any activity, policy, or practice that is in violation of a law,
rule or regulation regarding the clinical diagnostic laboratory tests performed
at the lab.
An employee who is subject
to a personnel action in violation of this bill my institute a civil action and
such an action must be brought within 2 years of the alleged violation or
within 2 years of when the employee first became aware of the alleged
violation.� In case of such an action,
the court may:
1) issue an injunction to
restrain continued violation,
2) reinstate the employee
to the same or an equivalent position, full fringe benefits and seniority
rights,
3) remove any adverse
personnel record entries based on ore related to the violation, and
4) require compensation for
lost wages, benefits and other remuneration.
The court may also assess
reasonable attorney's fees and other litigation expenses against (1) the
medical laboratory if the employee prevails; or (2) the employee if the court
determines that the action was brought by the employee in bad faith and without
basis in law or fact.
Finally, the bill provides
that in an action brought under this subtitle, it is a defense that the
personnel action was based on grounds other than the employee's exercise of any
rights protected under this law.
Effective Date:�
October 1, 2005
For more information, please contact:� Sheila Higdon
HB0370� Hospitals - HIV Testing - Public Safety Worker
The bill amends
current law, adding "public safety worker" to those individuals whom
a hospital's designated infections disease/communicable disease officer shall
order a test for the presence of antibodies of HIV.� Public safety worker is defined as:
1) any career or volunteer
member of a fire, rescue or emergency medical services department, company,
squad, or auxiliary,
2) any law enforcement
officer, and
3) the State Fire Marshal
or a sworn member of the State Fire Marshal's office.
Effective Date:�
October 1, 2005
For more information, please contact:� Sheila Higdon
HB0423� Hospitals - Free and Reduced-Cost Care
The bill requires each
hospital to develop a financial assistance policy for providing free and
reduced cost of care to low income individuals who lack health care
coverage.� The policy is required to be
posted throughout the hospital describing the assistance policy.�
In addition, the HSCRC must
develop a standardized form to file for financial assistance, but may not
require documentation that presents an undue barrier to receiving
assistance.� The hospital is also
required to report the value of the property tax exemption to the HSCRC and
shall donate annually to the assistance program the amount at least equal to
50% of the value of the property tax exemption and is not reimbursed through
HSCRC hospital rates.
Effective Date:�
October 1, 2005
For more information, please contact:� Jim Kaufman
Sb0210� Department of Health and Mental Hygiene - Federally
Qualified Health Centers Grant Program
Senate Bill 210/House
Bill 250� establishes the Federally
Qualified Health Center grant program within the Department of Health and
Mental Hygiene.� The program will provide
grants for the conversion of public buildings, acquisition or existing
buildings, renovations, or capital equipping of FQHCs.�
The grant application
requires the work to be carried out by the grant, a statement listing the
personnel employed at the FQHC to include remuneration, and a schedule of rates
to be charged for services rendered at the facility.� In addition, any federal funds or other
grants must be expended first, and the state grant may not exceed 50% of the
total project costs, excluding the federal grants.
Effective Date:�
July 1, 2005
For more information, please contact:� Jim Kaufman
SB0231� Hospitals - Emergency Department Services - Satellite
Locations
The bill provides that
a separate satellite emergency department location of an acute care general
hospital may be established without a certificate of need if:
(1) the satellite emergency
department location is established by, and will operate administratively as
part of, an acute care general hospital;
(2) the acute care general
hospital is part of a merged asset system with all of its existing Maryland
acute care general hospitals located in a single jurisdiction;
(3) the satellite emergency
department location will operate in the same jurisdiction;
(4) one or more of the
existing acute care general hospitals in the merged asset system has an
emergency department volume of 75,000 or more visits for the 12 months ending
June 30, 2004;
(5) there are not more than
5 acute care general hospitals in the jurisdiction; and
(6) the capital expenditure
to implement the satellite emergency department location otherwise meets the
requirements of the subsection.
The bill amends the
definition of “hospital services” under �19-201 of the Health
– General article to include emergency department services provided at a
satellite location established by an acute care general hospital, which for
rate setting purposes shall be considered part of that hospital.� It also amends the definition of
“hospital” to include a satellite location, operated by an acute
care general hospital, at which emergency department services are provided,
separate from the location at which overnight care is rendered.
Effective Date:�
July 1, 2005
For more information, please contact:� Heather Barthel
SB0269� Health - Maryland Health Care Commission - Membership
The bill requires the Governor, when appointing
members to the Maryland Health Care Commission, to assure that each county with
a population of 250,000 or more is represented by at least one of its residents
as a member of the Commission.
Effective Date:�
October 1, 2005
For more information, please contact:� Sheila Higdon
SB0355� Hospital Infections Disclosure Act
The bill will require
DHMH to collect data on hospital-acquired infection (HAI) rates from
hospitals.� DHMH will adopt regulations
that establish the timing format and process of submission of data and will
identify the types of infections on which hospitals must collect and report
including:
1) surgical site
infections,
2) ventilator-associated
pneumonia,
3) central line-related
bloodstream infections, and
4) urinary tract
infections.
DHMH will also establish
procedures to ensure confidentiality of patients, employees and licensed health
care professionals in connection with a specific infection incident.
The Secretary of Health
will establish a hospital infections advisory committee to advise the Secretary
on implementation of the infection data collecting and reporting.� Advisory Committee membership will include at
least the following representatives appointed once every two years:
1) 2 from public and
private hospitals' infection control departments,
2) 1 direct care nursing
staff member,
3) 1 medical staff member,
4) 1 epidemiologist with
expertise in HAI,
5) 1 academic researcher in
hospital infections,
6) 1 member of a consumer
organization,
7) 1 health insurer,
8) 1 HMO,
9) 1 member of organized
labor, and
10) 1 representative of
purchasers of health care.
The Secretary shall appoint
the membership based on the recommendations of the appropriate medical society
or agency.� The Advisory Committee will
assist DHMH in the development of methodology for collecting, analyzing and
disclosing the information.� DHMH and the
Advisory Committee shall consider
existing methodologies and
systems for data collection, such as the Center for Disease Control and
Prevention's National Nosocomial Infections Surveillance System or its
successor.� DHMH shall publish an annual
report summarizing the collection and analysis methodology of the infection
rate data developed by the department and the HAI data submitted by the
hospitals.� In addition, the report shall
compare risk-adjusted HAI rates for each hospital in the state and discuss any
findings, conclusions and trends concerning HAI statewide, including a
comparison to prior years.� The first
annual report shall be published by December 1, 2006.�
As a condition of
licensure, each hospital will be required to collect HAI data and submit it to
DHMH.� Penalties for failure to collect
and/or report data may result in termination of licensure or a fine of up to
$1000 per day per violation for each day of the violation.
Effective Date:�
October 1, 2005
For more information, please contact:� Sheila Higdon
Health
Care Practitioners
HB0427� Maryland Commission on Specialty Health Group Rates
and Terms
The bill establishes
an 11 member commission on specialty health group rates and terms with in
DHMH.� The commission will review and
approve rates and terms set by specialty health groups, which is defined as a
group of health care practitioners certified or trained to practice is a
specified field.� The rates approved by
the commission are exempt from state antitrust laws.
The commission is comprised
of the Secretary of DHMH, President of the Senate, Speaker of the House, an
appointee of the Governor from the MHCC, HSCRC, and one payer, two individuals
from the management of a facility, and three independent members.
Effective Date:�
October 1, 2005
For more information, please contact:� Jim Kaufman
HB0452� Health Benefit Plans - Reimbursement to Health Care
Practitioners
The bill clarifies that except for a Medicaid Managed
Care Organization; a health insurer is required to pay a health care
practitioner an amount not less than the global fee, capitation rate, or per
unit sum or rate being paid to the health care provider on November 1,
2004.� The bill also requires the MHCC to
study the impact of the reimbursement described on access to care, costs, and
its impact on the health insurance market.
Effective Date:�
Emergency Measure
For more information, please contact:� Sheila Higdon
Health
Insurance
HB0303� Health Insurance - Mandated Benefits - Smoking
Cessation Treatment
The bill requires insurers and HMOs to cover smoking
cessation treatment including any drug that is approved by the United States
Food and Drug Administration for cessation, is obtained under a prescription,
and provides for two 90 day courses of treatment during each 12 month
period.� The insurance may not require
different co-pay for these services than what is normally applied to other
comparable prescriptions.
Effective Date:�
October 1, 2005
For more information, please contact:� Jim Kaufman
HB0458� Health Insurance - Coverage for Psychological and
Neuropsychological Testing
The bill adds that psychological and
neuropsychological testing is not discriminatory if the health insurer provides
a rate for at least 80% of the first five visits in a calendar year, 65% for
the 6th through the 30th visits, and 50% for any visits beyond the 30th.
Effective Date:�
October 1, 2005
For more information, please contact:� Jim Kaufman
SB0191� Medicare Supplement Policies - Individuals With a
Disability - Rates
The bill states that a carrier may not charge a rate
different to individuals who are under the age of 65 but are eligible for
Medicare due to a disability, than the same supplemental policy offered to
other Medicare beneficiaries in the same county or zip code.
Effective Date:�
October 1, 2005
For more information, please contact:� Jim Kaufman
SB0342� Health Maintenance Organizations - Rate Increases -
Disapproval by Insurance Commissioner
The bill states that the Insurance Commission shall
disapprove a rate increase for an HMO unless the plan submits a rate filing
with the Commission, the Commission considers various factors, and a public
hearing is held.� In determining the
merits of the rate increase request, the Commission shall base the request on
the claims and other costs, any capital projects, and the compensation package
of the executives of the HMO.� The
Commission shall reconsider any increase not disapproved by the commission on
or after January 1, 2005 that did not take into account the items listed above.
Effective Date:�
Emergency Measure
For more information, please contact:� Jim Kaufman
HB0421� Department of Health and Mental Hygiene - Maryland
Medical Assistance Program - Reporting by Large Employers on Enrolled Employees
The bill requires employers with more than 10,000
employees who do not provide health insurance benefits to its employees to
report to DHMH the number of who employees employed in the state and the number
of employees who are enrolled in Medicaid
Effective Date:�
October 1, 2005
For more information, please contact:� Jim Kaufman
Miscellaneous
hb0083� Environment - Brominated Flame Retardants -
Notification and Restrictions
This bill establishes
prohibitions and requirements relating to the sale, use, and distribution of
products and product components containing “brominated flame
retardants” (BFRs). Beginning January 1, 2007, notification and labeling
requirements are established. The bill phases out the sale, process, use, and
distribution of products that contain more than one-tenth of 1% of specified
BFRs.
BFRs between October 1,
2008 and October 1, 2012. By January 1, 2006, the Maryland Department of the
Environment (MDE) must adopt regulations that establish a fee on the sale of
products containing BFRs; the fee must be sufficient to cover MDE’s costs
of implementing the bill. The bill also establishes reporting requirements for
MDE. MDE is authorized to adopt regulations to implement the bill.
Effective Date:�
June 1, 2005
For more information, please contact:� Heather Barthel
HB0172� Program Open Space - Conversion of Land - Easements
The bill provides that an easement placed on land
acquired or developed under a State grant from Program Open Space does not
constitute a conversion restricted under law.
Effective Date:�
October 1, 2005
For more information, please contact:� Heather Barthel
SB0108 �Real Property - Ground Rents - Ejectments
Senate Bill 108 requires a landlord of a property
subject to a 99-year ground lease renewable forever to ����������� post a notice on the property prior to bringing an
ejectment action.� The bill also limits
the reimbursement that a ground rent holder is entitled to collect for expenses
incurred in collecting a past due ground rent and complying with notice
requirements.� The bill also requires a
ground rent holder to post a copy of a notice regarding intention to bring an
ejectment action on the subject property.
Effective Date:�
October 1, 2005
For more information, please contact:� Bret Schreiber
Research/Human Subject
SB0272� Human Cloning Prohibition Act of 2005
The bill’s
preamble states that biotechnology resources are not unlimited and resources
should be focused on research that holds the most demonstrable promise.� In addition, states that have banned human
cloning have flourishing biotechnology industries, and the immense promise of
non-embryonic stem cell research has already been demonstrated, whereas stem
cells cloned from embryos are rejected by the human body.� Finally, the efforts to secure the millions
of human eggs needed to pursue cloning experiments will most likely lead to the
exploitation of poor women.
The bill defines the
following:
“Asexual
reproduction” – reproduction not initiated by the union of an
oocyte and sperm. “Human cloning” – asexual reproduction
accomplished by introducing the nuclear material of one or more human somatic
cells into a fertilized or unfertilized oocyte whose nucleus has been removed
or will be removed to produce a living organism at any stage of development
with a human or partially human genetic constitution. “Human Somatic
Cell” – a diploid cell having a complete set of chromosomes
obtained or derived from a living or deceased human body at any stage of
development.
The bill bans a person from
knowingly performing human cloning and receiving or transferring in whole or
part any oocyte, embryo, fetus, or human somatic cell for the purpose of human
cloning.� The bill also states that a
person may conduct research that uses nuclear transplantation or other cloning
techniques to produce molecules, DNA, cells other than human embryos, tissues,
organs, plants, or animals other than humans.
Violation of the cloning
ban is a felony and subject to a 10 year prison sentence or a fine not to
exceed $100,000 or both.� In addition, a
person who violates this section is subject to a civil fine of not less than $1
million.� Finally, a violation is grounds
for the denial or revocation of any license, permit, or certification to
practice or engage in any trade, occupation, or profession regulated by the
State.
Effective Date:�
October 1, 2005
For more information, please contact:� Jim Kaufman
Sb0289� Human Subject Research - Clinical Trials
SB 289 requires institutional review boards to approve
clinical trials ONLY if the results of the clinical trial will be made
available to the public and the clinical trials are registered with the
Clinical Trials Data Bank in the US Department of Health & Human Services.� This bill defines clinical trials as research
involving human subjects that is conducted for the primary purpose of
determining whether or not a particular medical treatment is safe and
efficacious.
Effective Date:�
October 1, 2005
For more information, please contact:� Sheila Higdon
Tort ReformHB0273� Health Care Malpractice Claims - Past Medical Expenses
In an action for damages for personal injury or
wrongful death, an award or verdict for past medical expenses shall exclude any
amount not actually paid by or on behalf of the claimant or any amount not owed
by the claimant to a health care provider.
Effective Date:�
October 1, 2005
For more information, please contact:� Heather Barthel
HB0274� Health Care Malpractice - Time Limits - Minors
This bill alters the period within which an action for
damages is required to be filed if the claimant was under a certain age at the
time the injury was committed.� If a
claimant was under the age of 11 years at the time that the injury was
committed, an action for damages shall be filed before the claimant reaches the
age of 19 years. For an injury to the reproductive system or an injury caused
by a foreign object negligently left in the claimant's body, the action shall
be filed before the claimant reaches 21 years.
Effective Date:�
June 1, 2005
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
410-269-0057
fax 410-269-1574
Heather Barthel������������������� [email protected]
Mickey Geisler��������������������� [email protected]
Matt Greenwood������������������ [email protected]
Sheila Higdon��������������������� [email protected]
Jim Kaufman����������������������������������� [email protected]
John Safapour�������������������� [email protected]
Bret Schreiber��������������������� [email protected]
Cathy Ximenez������������������� [email protected]
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