Johns Hopkins Institutions

Legislative Hotline

2005 SESSION OF THE
MARYLAND GENERAL ASSEMBLY

Here are some of the hot issues as the 2005 Legislative Session develops:

Capital Budget Process Remains Fluid

BILLS INTRODUCED
STAFF CONTACT INFORMATION

Capital Budget Process Remains Fluid

While the General Assembly is starting to review the Governor’s FY 2006 capital budget, which includes state support for Homewood’s Computational Science Building ($2.8 million), and the East Baltimore Children’s & Maternal Hospital ($5 million) and Cardiovascular & Critical Care Towers ($5 million), there is now discussions of altering the process by which projects will be reviewed.ï¿½ Traditionally, projects such as the Johns Hopkins clinical care towers have been included in the Governor’s capital budget as “Miscellaneous Projects.”ï¿½ In addition to projects that the Governor specifically wanted to support, the budget included funding for other legislative initiatives as well.ï¿½ However, this year when the Governor’s FY 2006 capital budget was introduced, there was no provision for the expected $15 million in legislative initiatives or the $5 million to support the Maryland Hospital Association’s (MHA) capital bond program, which is used to support community hospital projects.

Due to the omission of funding for legislative initiatives and the MHA bond program, the General Assembly is now considering altering the process for reviewing “Miscellaneous Projects” included in the Governor capital budget.ï¿½ Instead of treating these projects as part of the Administration’s budget, the General Assembly is considering removing these projects from the budget and requiring them to be introduced as individual bond bills.ï¿½ Typically, individual legislative bond bills are used to support small community projects such as youth camps, museums, and community centers while larger projects with statewide significance were included in the Governor’s capital budget.ï¿½

Policy makers continue to express general support for the Johns Hopkins projects, however due to the tight fiscal situation, lack of funding for legislative initiatives and the politically charged environment in Annapolis, the capital budgeting process will remain very fluid for the next several weeks.ï¿½

For more information, please contact Jim Kaufman.

ï¿½[ Go to Top]

BILLS INTRODUCED

Budget – Capital

Budget – Operating

Business Operations

Economic Development

Environment Health

General Business

General Health Care
Health Care Facilities

Health Insurance

Higher Education

Long Term Care/Nursing Homes

Medicaid

Mental Health

Public Health

Tort Reform

Miscellaneous

BILLS INTRODUCED

Budget - Capital

Sb0617ï¿½ Creation of a State Debt - Adventist HealthCare

The bill creates a state debt of $400,000 for the expansion of the Potomac Ridge Behavioral Health System, which is operated by Adventist HealthCare.

Effective Date:ï¿½ June 1, 2005

For more information, please contact:ï¿½ Jim Kaufman

[Go to Bills Introduced]

SB0636ï¿½ Creation of a State Debt - Calvert Memorial Hospital

The bill creates a state debt of $1.1 million for the construction, expansion, and equipping of the emergency department, a lab, and a rapid admission unit at Calvert Memorial Hospital located in Prince Frederick.

Effective Date:ï¿½ June 1, 2005

For more information, please contact:ï¿½ Jim Kaufman

SB0658ï¿½ Creation of a State Debt - Anne Arundel County - North Arundel Hospital

The bill creates a state debt of $800,000 for the renovation, expansion, and equipping of the inpatient psychiatric unit for North Arundel Hospital located in Glen Burnie.

Effective Date:ï¿½ June 1, 2005

For more information, please contact:ï¿½ Jim Kaufman

[Go to Bills Introduced]

Budget - Operating

HB0255ï¿½ Public Education Bridge to Excellence - Funding - Video Lottery Terminals

House Bill 255 authorizes up to 15,500 video lottery terminals (VLTs) at six locations (four horse racing tracks and two unspecified nontrack locations).ï¿½ The bill also provides for one-time application fees; the distribution of VLT proceeds, and creates the Education Trust Fund (ETF).ï¿½ The bill also mandates funding for the Geographic Cost of Education Index (GCEI) and allocates $100 million for public school construction.ï¿½ The bill continues its current prohibition on additional forms of commercial gambling.

Effective Date:ï¿½ June 1, 2005

For more information, please contact:ï¿½ Bret Schreiber

[Go to Bills Introduced]

Business Operations

SB0494ï¿½ Whistleblower Protection for Employees of State Grant Recipients

Senate Bill 494 requires employers that receive grants from the State to provide written notice of protections and remedies to employees.ï¿½ The bill prohibits an employer from taking or refusing to take personnel actions against employees, and authorizes employees to institute a civil action in the county where a violation occurred, where the employee resides, or where the employer maintains its principal office.

Effective Date:ï¿½ October 1, 2005

For more information, please contact:ï¿½ Bret Schreiber

[Go to Bills Introduced]

Economic Development

HB0247ï¿½ Research and Development Tax Credit

House Bill 247 increases from $3,000,000 to $6,000,000 the maximum amount of credits the Department of Business and Economic Development may approve in a calendar year for each component of the Maryland Research and Development Tax Credit.ï¿½ The bill also decreases the number of succeeding years during which an individual or corporation may apply an excess as a credit against State income tax, and extends the time period during which the research and development tax credit may be taken by qualified business entities.

Effective Date:ï¿½ July 1, 2005

For more information, please contact:ï¿½ Bret Schreiber

HB0249ï¿½ Business and Economic Development - Entrepreneurial Investment Technology Tax Credit

House Bill 249 provides a credit against State income tax due from investors in technology development in the life sciences and other advanced technology enterprises.ï¿½ The Department of Business and Economic Development must certify the investments in order to be eligible for the tax credit.

Effective Date:ï¿½ July 1, 2005

For more information, please contact:ï¿½ Bret Schreiber

[Go to Bills Introduced]

Environment Health

HB0355ï¿½ Nontransient Noncommunity Water Systems - Methyl Tertiary Butyl Ether - Testing

The bills requires nontransient noncommunity water systems, including those that primarily provide bottled water, to, not less than once per year, test the water provided by the system for the presence of methyl tertiary butyl ether and report the findings to the Department of the Environment. If the level of methyl tertiary butyl ether in the testing sample meets or exceeds 20 parts per billion, the system must notify persons regularly served by the system.

Effective Date:ï¿½ October 1, 2005

For more information, please contact:ï¿½ Heather Barthel

HB0373ï¿½ Environment - Reformulated Gasoline - Methyl Tertiary Butyl Ether

This bill requires the Maryland Department of the Environment (MDE) to request that the United States Environmental Protection Agency take prompt action to waive federal requirements that reformulated gasoline, containing minimum oxygen content in accordance with the provisions of the 1990 amendments to the Clean Air Act be sold in the State.ï¿½ It also requires that on or before December 1, 2006, MDE shall develop and submit a plan to the Senate Education, Health, and Environmental Affairs Committee and the House Environmental Matters Committee regarding the phasing-out of the use of methyl tertiary butyl ether in gasoline sold in the State.ï¿½ This provision shall remain effective for a period of 1 year and 3 months and, at the end of December 31, 2006, with no further action required by the General Assembly, the Act shall be abrogated.

Effective Date:ï¿½ October 1, 2005

For more information, please contact:ï¿½ Heather Barthel

HB0374ï¿½ Oil Spills - Methyl Tertiary Butyl Ether - Notification

The bill requires that when an oil spill occurs, the Maryland Department of the Environment (MDE) will notify property owners located within one-half mile of a site found to be contaminated with methyl tertiary butyl ether at a level of 20 parts per billion or higher.ï¿½ Included in the notification will be information on the amount of MTBE contamination at the site, the actions MDE is taking to address the contamination, and the actions that the property owner should take to protect the owner's health and property.ï¿½ The bill also requires the person responsible for a specified oil spillage to be liable for the costs to MDE for providing a notice.

Effective Date:ï¿½ October 1, 2005

For more information, please contact:ï¿½ Heather Barthel

SB0669ï¿½ Mid-Atlantic Regional Methyl Tertiary Butyl Ether Compact

This bill requires the Secretary of the Environment to negotiate with the surrounding Mid-Atlantic States on the creation of a Mid-Atlantic Regional Methyl Tertiary Butyl Ether Compact.ï¿½ The members of the Compact shall study issues related to the use of the gasoline additive Methyl Tertiary Butyl Ether (MTBE) in ï¿½the region, including:

(1) the prevalence of gasoline containing MTBE sold in the region;

(2) the regional impacts, both beneficial and detrimental, to public health and the environment of using MTBE; and

(3) the feasibility and effectiveness of using alternative additives, including ethanol, throughout the region.

On or before December 31, 2006, the Department shall report to the General Assembly on the status of the Compact.

Effective Date:ï¿½ October 1, 2005

For more information, please contact:ï¿½ Heather Barthel

[Go to Bills Introduced]

General Business

SB0239ï¿½ Pilot Program for the Long-Term Employment of Qualified Ex-Felons

This bill creates a pilot program for the long-term employment of qualified ex-felons by providing incentives to business entities to encourage the long-term employment of qualified ex-felon employees.ï¿½ On or before January 1, 2006, the Department of Labor Licensing and Regulation (DLLR), in consultation with the Governor's Workforce Investment Board, shall establish a pilot program for the employment of ex-felons.ï¿½

The pilot program will terminate at the end of December 31, 2010.ï¿½ The purpose is to implement the pilot program in at least two areas of the State, provide fidelity bonds and tax credits to qualified businesses for the long-term employment of ex-felons.ï¿½ DLLR will purchase the necessary amount of bonds for a full year of employment for up to 150 ex-felons and provide the bonds each year to one-stop centers in the two designated areas of the State.ï¿½

The pilot program will require the one-stop centers to work with the appropriate community organizations and State and local government entities and provide outreach and education efforts to encourage businesses to hire ex-felons.ï¿½ The one-stop centers will provide businesses with a fidelity bond that covers at least 12 months of employment and information on available tax credits.ï¿½ The one-stop centers must also develop an evaluation process for determining the success of employing the ex-felons.

A business entity that hires an ex-felon through the pilot program may claim a tax credit for wages paid to each ex-felon employee in an amount equal to:

(1) 30% of up to the first $6,000 of the wages paid to the qualified ex-felon employee during the first year of employment, and

(2) 20% of up to the first $6,000 of the wages paid to the qualified ex-felon employee during the second year of employment.

A business may not claim a credit for an employee who is hired to replace a laid off employee, to replace an employee who is on strike, or for whom the business entity simultaneously receives federal or state employment training benefits. A business may not claim a credit until it has notified the Department that a qualified ex-felon employee has been hired.ï¿½ A business entity may claim a credit for an employee whose employment lasts less than 1 year if the employee voluntarily terminates employment with the employer, is unable to continue employment due to a disability or death, or is terminated for cause.

An organization that is a 501(c)(3) or (4) may apply the credit as a credit against income tax due on unrelated business taxable income or as a credit for the payment to the comptroller of taxes that the organization is required to withhold from the wages of employees.ï¿½ This Act is applicable to all taxable years beginning after December 31, 2005, but before January 1, 2011.

Effective Date:ï¿½ July 1, 2005

For more information, please contact:ï¿½ Heather Barthel

SB0712ï¿½ Labor and Employment - Payment of Wages - Credit to Debit Card or Card Account

This bill adds to ï¿½ 3-502 of the Labor & Employment Article - Payment of Wage.ï¿½ The bill authorizes the credit of the wage of an employee to a debit card or card account from which the employee is able to access the funds through withdrawal, purchase, or transfer if its is authorized by the employee and any fees applicable to the debit card or card account are disclosed to the employee.

Effective Date:ï¿½ June 1, 2005

For more information, please contact:ï¿½ Heather Barthel

[Go to Bills Introduced]

General Health Care

HB0627ï¿½ Community Health Care Access and Safety Net Act of 2005

The bill attempts to improve access to health care services by providing operating and capital grants to community health resources (CHR).ï¿½ CHR include federally qualified health centers, community health centers, teaching clinics, historic primary care providers, and other centers or programs the Commission identifies through regulation.ï¿½ The Maryland Community Health Resource Commission is a 7 member Commission designed to:

1. identify the services required of CHRs;

2. require CHRs to develop a plan on how patients will receive mental health services;

3. administer operating and capital grants to CHRs, with preference going to centers with evening and weekend hours or centers that have partnered with a hospital to establish a reverse referral program;

4. assist individuals below 300% of the federal poverty level with accessing care through CHRs, to include considering regional disparities in income;

5. identify methods to facilitate reimbursement of health care providers treating patients referred through CHRs;

6. work in consultation with the Maryland Health Care Commission (MHCC) to encourage employers to offer health benefits;

7. work in cooperation with the teaching institutions to establish specialty care programs staffed primarily by medical residents, fellows, and nurse practitioner graduate students to treat patients referred from CHRs; and

8. determine the funding needed to support access to specialty care services.

The Commission is charged with recommending how CHRs can partner with hospitals to increase access to health care, to include hospital financial and program support for health care provided by specialist for patients referred from CHRs.ï¿½ In addition, the commission will determine the feasibility of developing a reimbursement fee schedule for MCOs to pay school based clinics.

Funding to support the Commission and its mission includes:ï¿½ (1) $15 million provided from a non-profit health service plan for the purpose of providing $10 million in operating grants to the CHRs and $5 million in annual support for data information system projects, (2) beginning in FY 2008, any funding realized by the State to the Cigarette Restitution Fund for the strategic contribution payments (estimated to be $25 million), and (3) an assessment on hospitals to fund any identified shortfall in providing access to specialty care.ï¿½

In order to assist uninsured patients seeking care, the HSCRC is required to develop a standardized form for hospital financial assistance, and develop standards for hospital debt collection practices for patients with income 200% below the federal poverty level.ï¿½ The HSCRC is also charged with studying the level of physician uncompensated care provided at Maryland hospitals and recommend alternatives to reduce compensated physician services and how to equitably distribute this costs to all payers.

Effective Date:ï¿½ July 1, 2005

For more information, please contact:ï¿½ Jim Kaufman

HJ0007ï¿½ Funding Treatment for Adults with Sickle Cell Anemia

House Joint Resolution 7 recognizes the need to appropriately fund the expansion of sickle cell disease centers for adults in Maryland and provide outreach to this population.ï¿½ï¿½ï¿½ The resolution also encourages the State's Office of Minority Health and Health Disparities to improve the quality of health care delivery to adult sickle cell anemia sufferers and implement programs to reduce the mortality rate.

.For more information, please contact:ï¿½ Sheila Higdon

[Go to Bills Introduced]

Health Care Facilities

HB0344ï¿½ Safe Nurse Staffing for Quality Care Act

The proposed bill would establish staffing standards for registered nurses in Maryland hospitals excluding State hospitals. It would amend hospital licensure laws to include the provisions noted below.

Staffing Requirements

Each licensed hospital (including a limited service hospital, freestanding medical facilities, freestanding ambulatory care facilities) shall ensure that it is staffed in a manner that provides sufficient, appropriately qualified direct-care nurses in each department or unit within the facility in order to meet the individualized care needs of the patients therein.ï¿½ As a condition of licensing each hospital must annually submit to Department of Health and Mental Hygiene (DHMH) a documented staffing plan and a written certification that the submitted staffing plan is sufficient to provide adequate and appropriate delivery of health care services to patients for the ensuing year. The staffing plan must:ï¿½

ï¿½ meet the minimum requirements set forth in the bill;ï¿½

ï¿½ be adequate to meet any additional requirements provided by other laws or regulations;

ï¿½ employ and identify an approved acuity system for addressing fluctuations in actual patient acuity levels and nursing care requiring increased staffing levels above the minimums set forth in the plan;

ï¿½ identify and consider other unit or department activity such as discharges, transfers and admissions, and administrative and support tasks that are expected to be done by direct-care nurses;

ï¿½ identify and consider the staffing level of and services provided by other health care personnel in meeting patient care needs;

ï¿½ identify the assessment tool used to validate the acuity system;

ï¿½ identify the system which will be used to document actual staffing on a daily basis within each department or unit;

ï¿½ include a written assessment of the accuracy of the prior year's staffing plan in light of actual staffing needs;

ï¿½ identify each nurse staff classification referenced in the plan together with a statement setting forth minimum qualifications for each classification; andï¿½

ï¿½ be developed in consultation with a majority of the direct-care nurses within each department or unit or, where such nurses are represented, with the applicable recognized or certified collective bargaining representative(s) of the direct-care nurses.

Minimum Staffing Requirementsï¿½ï¿½

The staffing plan must incorporate specified direct-care nurse-to-patient ratios.ï¿½ The proposed ratios reflect the maximum number of patients that may be assigned to each direct-care nurse in a unit during one shift.ï¿½ A nurse, including a nurse administrator or supervisor, who does not have principal responsibility as a direct care nurse for a specific patient shall not be included in the calculation of the nurse-to-patient ratio.ï¿½ The minimum staffing requirement and nurse-to-patient ratio shall be adjusted as necessary to reflect the need for additional direct-care nurses needed to ensure adequate staffing of each nursing department or unit, in accordance with an approved acuity system.ï¿½

The bill stipulates the following nurse to patient ratios:

1:1 - operating rooms and trauma emergency units;

1:2 - all critical care areas, including emergency critical care, L&D & post-anesthesia units;

1:3 - antepartum, emergency room, pediatric, step-down, and telemetry;

1:4 - intermediate care, nursery, med/surg, and acute care psychiatry;

1:5 - rehabilitation units;

1:6 - postpartum (3 couplets); and

1:6 - well baby nursery units.

DHMH will establish ratios for units not specified above.ï¿½

Compliance

As a condition of licensing, hospitals are required to have a staffing plan and at all times have staff on duty in accordance with its staffing plan.ï¿½ No nurse shall be assigned or included in the nurse-to-patient ratio count unless that nurse has an appropriate registered nurse license, has received prior orientation in that clinical area sufficient to provide competent care to the patients, and has demonstrated current competence in providing care in that area.ï¿½ Hospitals which utilize temporary nursing agencies shall have and adhere to a written procedure to orient and evaluate personnel from these sources to ensure adequate orientation and competency prior to inclusion in the nurse-to-patient ratio.

Recordkeeping

As a condition of licensure, each hospital shall maintain accurate daily records showing the following:ï¿½

ï¿½ number of patients admitted, released, and present in each nursing department or unit within the facility;

ï¿½ individual acuity level of each patient present in each nursing department or unit within the facility; and

ï¿½ identity and duty hours of each direct-care nurse in each nursing department or unit within the facility.

As a condition of licensure, each hospital shall maintain daily statistics, by nursing department and unit, of mortality, morbidity, infection, accident, injury, and medical errors.ï¿½ All records shall be maintained for a period of seven years.ï¿½ All records required to be kept shall be made available upon request to DHMH and the public, provided that the information released to the public shall comply will applicable patient privacy laws and regulations.

Right to Refuse an Assignment

As a condition of licensure, each hospital shall adopt, disseminate to direct-care nurses, and comply with a written policy that meets the requirements set forth in the bill and details the circumstances under which a direct-care nurse may refuse a work assignment.ï¿½ The work assignment policy must permit a direct-care nurse to refuse an assignment under specified conditions, and include procedures for communicating the refusal and dealing with conflicts which may arise in connection with the refusal.ï¿½ A nurse who refuses an assignment shall not be deemed to have engaged in negligent or incompetent action, patient abandonment, or otherwise to have violated applicable nursing law.

Public Disclosure of Staffing Requirements

As a condition of licensing, a hospital required to have a staffing plan shall:

ï¿½ post in a conspicuous place readily accessible to the general public a statement of the mandatory and actual daily nurse staffing levels in each nursing department or unit, and

ï¿½ upon request, make copies of the staffing plan filed with the DHMH available to the public.ï¿½ The hospital must also make readily available to the nursing staff with a department or unit, during each work shift, the following information:

ï¿½ a copy of the current staffing plan for that department or unit,

ï¿½ documentation of the number of direct-care nurses required to be present during the shift, based on the approved adopted acuity system, and

ï¿½ documentation of the actual number of direct-care nurses present during the shift.

Duties of the Secretary

The proposed bill authorizes the Secretary to:ï¿½

ï¿½ promulgate the rules and regulations necessary to carry out the purposes and provisions of the proposed Bill,

ï¿½ assure that the provisions, rules and related regulations are enforced, within six months of the effective date, and

ï¿½ issue regulations to provide for an accessible and confidential system to report failure to comply with the provisions of the bill.

Discharge Or Discrimination Prohibited

No person shall discharge, discriminate, or in any manner retaliate against any employee because such employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to his bill or has testified or is about to testify in any such proceeding or because of the exercise by such employee on behalf of himself or others of any right afforded by this bill.ï¿½

Violations and Penalties

A hospital required to have a staffing plan that fails to comply with the requirements of this bill may be assessed a civil penalty of up to $10,000 for each day of non-compliance.ï¿½ Any person, who has committed a violation of any of the provisions of this bill may be assessed a civil penalty of up to $500 for each deficiency for each day that each deficiency continues.ï¿½ Any person or hospital that fails to report or falsifies information, or coerces, threatens, intimidates, or otherwise influences another person to fail to report or to falsify information required to be reported may be assessed a penalty of up to $10,000 for each incident.

The proposed bill also includes appeal provisions.

Medical Assistance Payments

The failure to renew a license or the suspension or revocation of a license under this proposed bill shall prohibit payment under the states’ Medical and Pharmacy Assistance Program and no medical assistance payment for services rendered subsequent to the final order shall be made.ï¿½ Any hospital that falsifies or causes to be falsified documentation required by this bill shall be prohibited from receiving any medical assistance payment for a period of six (6) months subsequent to the final order of violation.

Effective Date:ï¿½ October 1, 2006

For more information, please contact:ï¿½ Sheila Higdon

HB0565ï¿½ Hospitals - Bone Marrow Donation

HB 565 amends current law by adding a provision that requires hospitals to allow an individual to donate bone marrow to any individual.ï¿½ It also stipulates that an individual may donate bone marrow to another individual if a licensed physician determines, based on medical judgment, that the donation of the bone marrow is in the best interests of the donor and donee.

Effective Date:ï¿½ October 1, 2005

For more information, please contact:ï¿½ Sheila Higdon

HB0609ï¿½ Long-Term Care Facilities and Hospitals - Reporting Deaths of Long-Term Care Facility Residents

HB609 amends current law regarding what deaths a medical examiner is required to investigate, including the sudden death of a resident of a long-term care facility, or a former resident of a long-term care facility who dies in a hospital within 5 days of entering the hospital.

The bill also requires a long-term care facility to report any death of a resident immediately to the medical examiner, and defines long-term care facility as:

1) a nursing home,

2) an adult day care facility,

3) an assisted living program facility, and

4) a hospice facility.

Hospitals will also be required to report the death of any long-term care facility resident who dies within 5 days of entering the hospital.ï¿½ The long-term care facility or hospital shall make the report to the medical examiner, even if they believe the death to be from natural causes, the result of maltreatment, or any other cause.ï¿½

The medical examiner will be required to accept the required reports for investigation and if the medical examiner finds reasonable cause to suspect that the death was a result of maltreatment, the examiner shall report the findings of the investigation to the police and appropriate prosecuting attorney.

If the facility making the report is a nursing home or hospital, the medical examiner shall report the findings of the investigation to that facility unless the findings are part of a pending or ongoing law enforcement investigation.ï¿½ The medical examiner must also report findings to DHMH if the findings result in reasonable cause to suspect that the death occurred as a result of maltreatment or at the request of DHMH when there is a pending investigation concerning allegations of maltreatment of the deceased person prior to death.

Effective Date:ï¿½ October 1, 2005

For more information, please contact:ï¿½ Sheila Higdon

HB0928ï¿½ Howard County - Health Facilities - Notification of County Health Officer and County Council Ho. Co. 4-05

The bill requires DHMH to notify the Howard County Health Officer when an application for licensure for a health facility that will serve 16 or more individuals is received.ï¿½ In turn, the County Health Officer is required to notify the County Council.

Effective Date:ï¿½ October 1, 2005

For more information, please contact:ï¿½ Sheila Higdon

SB0203ï¿½ Property Tax Exemption - Property Used to Generate Electricity, Steam, or Hot or Chilled Water

Currently ï¿½ 7-237 of the Tax – Property Article states that personal property is exempt from property tax if the property is machinery or equipment used to generate electricity or steam for sale, or hot or chilled water for sale that is used to heat or cool a building.ï¿½ï¿½ Personal property that is machinery or equipment is subject to county or municipal corporation property tax on:

(1) 75% of its value for the taxable year beginning July 1, 2000, and

(2) 50% of its value for the taxable year beginning July 1, 2001, and each subsequent taxable year.

SB 203 repeals this exemption.

Effective Date:ï¿½ June 1, 2005

For more information, please contact:ï¿½ Heather Barthel

SB0303ï¿½ The Sara Hohne Patient Protection Act

The bill prohibits hospitals or related institutions from discharging a patient who is unable to perform or needs assistance performing activities of daily living to the following:

1) a facility or program that is not licensed or otherwise authorized to provide housing and supportive services, supervision, personalized assistance, health related services or a combination of services for such individuals, or

2) an assisted living program that serves 4 or fewer individuals, unless that program is licensed and designated by DHMH to receive such referrals.

The Secretary may impose a civil money penalty of no more than $10,000 for each violation, and a hospital may appeal such a penalty.

Effective Date:ï¿½ October 1, 2005

For more information, please contact:ï¿½ Sheila Higdon

SB0607ï¿½ Health Care Facilities - Certificate of Need - Obstetric Medical Services

This bill removes obstetric medical services from the requirements for certificates of need for health care facilities issued by the Maryland Health Care Commission.

Effective Date:ï¿½ October 1, 2005

For more information, please contact:ï¿½ Heather Barthel

[Go to Bills Introduced]

Health Insurance

HB0294ï¿½ Reimbursement of Health Care Providers - Sunset Repeal

The bill repeals the sunset on the requirement that HMOs pay non-participating providers the greater of 125% of the HMO rate for the same service or the rate paid by the HMO as published by the Centers for Medicare and Medicaid services.ï¿½ In addition, the bill removes the sunset for the requirement that HMOs pay non-contracting trauma providers the greater of 140% of Medicare or the HMO for the same services.

Effective Date:ï¿½ July 1, 2005

For more information, please contact:ï¿½ Jim Kaufman

HB0509ï¿½ Health Insurance - Small Group Market - Open Enrollment Period for Self-Insured Individuals

The bill alters the open enrollment period for carriers in the small group market from 30 to 60 consecutive days in each 12 month period.

Effective Date:ï¿½ October 1, 2005

For more information, please contact:ï¿½ Jim Kaufman

HB0701ï¿½ Maryland Insurance Commissioner - Elected Position

The bill requires the Maryland Insurance Commissioner to be elected every four years beginning in November 2006.ï¿½ The Governor is required to appoint an Insurance Commissioner, whose term would expire on January 9, 2007.

Effective Date:ï¿½ July 1, 2005

For more information, please contact:ï¿½ Jim Kaufman

[Go to Bills Introduced]

Higher Education

HB0554ï¿½ Higher Education Affordability and Access Act of 2005

House Bill 554 establishes a special, nonlapsing Higher Education Investment Fund (HEIF) that contains proceeds from a 10% surcharge on corporate income taxes to be imposed from calendar years 2005 to 2007.ï¿½ Funding from HEIF will be used to provide additional support to the University System of Maryland (USM) and Morgan State University (MSU).ï¿½ The bill requires the Governor to include in fiscal years 2007 through 2009 State budgets increases of 5% in aggregate general fund and HEIF support for USM and MSU.ï¿½ If the funding increases in the bill are realized, increases in tuition and fees at USM institutions and MSU are limited to 5% per year from Fall of 2006 and each academic year through Fall of 2008.ï¿½ A commission to study higher education issues is also established.ï¿½ Support for the Sellinger Aid and Cade funding formulas are also included in the bill stating that each shall receive commensurate increases as the USM.ï¿½ The President of Johns Hopkins University is slated as a member of the Commission created to study higher education.

Effective Date:ï¿½ July 1, 2005

For more information, please contact:ï¿½ Bret Schreiber

HB0597ï¿½ Higher Education - Regional Centers - Approval to Operate in Maryland

House Bill 597 authorizes the Maryland Higher Education Commission to approve the operation of regional higher education centers in the State.ï¿½ The bill also requires the Commission to assure that courses and programs offered by regional higher education centers satisfy certain criteria to be set by MHEC.

Effective Date:ï¿½ July 1, 2005

For more information, please contact:ï¿½ Bret Schreiber

HB0616ï¿½ Institutions of Higher Education - Policies and Programs Related to Student Credit and Credit Card Marketers

House Bill 616 requires the Maryland Higher Education Commission to establish on or before January 1, 2006, a policy concerning the on-campus solicitation of students at institutions of higher education in the State by credit card marketers.ï¿½ The bill mandates that the Commission require institutions to provide an education program concerning credit card use to students.

Effective Date:ï¿½ June 1, 2005

For more information, please contact:ï¿½ Bret Schreiber

Sb0511ï¿½ Higher Education - Nursing Scholarships

Senate Bill 511 alters the service obligation requirement for a nursing scholarship to enable full-time nurses to perform the service obligation at a rate of 1 year for each year that the recipient receives a grant award and part-time nurses at a rate of 2 years for each year that the recipient receives a grant award.ï¿½ The bill requires the Maryland Higher Education Commission to review the demand for and capacity of nursing programs in the State and the availability of financial aid and other incentives

Effective Date:ï¿½ Emergency Measure

For more information, please contact:ï¿½ Bret Schreiber

[Go to Bills Introduced]

Long Term Care/Nursing Homes

HB0688ï¿½ Nursing Homes - Family Council - Administrative Functions

The bill authorizes nursing homes to assist a family council in the administrative functions of operating a family council on the request of a family council in a mutually agreed upon manner.

Effective Date:ï¿½ July 1, 2005

For more information, please contact:ï¿½ Sheila Higdon

[Go to Bills Introduced]

Medicaid

SB0471ï¿½ Health Care Disclosure Act

The bill requires that a Medicaid beneficiary identify their employer or if they are unemployed, the applicant is required to identify the employers of all family members whose income is counted towards determining eligibility.ï¿½ The bill then requires DHMH to report annually the name of all employers, with at least 25 employees, who employ either the beneficiary or a family member of a Medicaid beneficiary.

Effective Date:ï¿½ October 1, 2005

For more information, please contact:ï¿½ Jim Kaufman

SB0472ï¿½ Medical Assistance Program - Waivers - Federal Funding

The bill states the Secretary of Health may not amend or seek approval of pending, existing, or future waivers to the Medicaid Program without the approval of the General Assembly.ï¿½ This requirement would apply to waivers that consolidate federal grants or waivers, cap federal contributions, or alter the proportionate share of federal and state spending in the program.

Effective Date:ï¿½ Emergency Measure

For more information, please contact:ï¿½ Jim Kaufman

[Go to Bills Introduced]

Mental Health

HB0796ï¿½ Joint Committee on Access to Mental Health Services - Establishment, Membership, and Duties

The bill establishes the Joint Committee on Access to Mental Health Services in order to monitor access to public mental services for eligible individuals and medically necessary mental health services for individuals covered by private insurance.ï¿½ The committee shall submit an annual report to the Governor and the General Assembly regarding the systemic barriers to access to mental health services and recommendations to mitigate these barriers.

Membership will consist of eight members of the Maryland General Assembly; four senators appointed by the President of the Senate, and four delegates appointed by the Speaker of the House.ï¿½ Two of the senators shall be members of the Finance Committee and two shall be member of the Budget & Taxation

Committee.ï¿½ Two of the delegates shall be members of the Health & Government Operations Committee, one member of the Appropriations Committee and one member of the Economic Matters Committee.ï¿½ Each of the presiding officers shall select a committee co-chair from their respective chambers.

Effective Date:ï¿½ October 1, 2005

For more information, please contact:ï¿½ Sheila Higdon

[Go to Bills Introduced]

Miscellaneous

HB0309ï¿½ State Traumatic Brain Injury Advisory Board

This bill establishes the State Traumatic Brain Advisory Board.ï¿½ The Board is composed of 36 members, one member from the House and the Senate; various divisions within the Department of Health and Mental Hygiene, the State Department of Education; one representative of the Maryland Institute of Emergency Medical Services Systems; the Brain Injury Association of Maryland; the Maryland Statewide Independent Living Council; the Maryland Disability Law Center; National Institute of Health; one representative of state or local law enforcement; six Maryland citizens who have experienced a traumatic brain injury; five Maryland citizens who are currently caring for, or are family members of, individuals who have experienced a traumatic brain injury; and four professionals with specialized experience in providing services to individuals with traumatic brain injuries or traumatic brain injury prevention activities.

The Advisory Board shall investigate the needs of citizens with traumatic brain injuries, identify gaps in services to citizens with such injuries, facilitate collaboration among state agencies that provide services to these individuals, facilitate collaboration among organizations and entities that provide services to

individuals with traumatic brain injuries and encourage and facilitate community participation in program implementation.ï¿½ The Board will issue an annual report to the Governor and the General Assembly on or before November 30, 2005, and each November 30 thereafter, summarizing the actions of the Advisory Board and containing recommendations for providing oversight in acquiring and utilizing state and federal funding dedicated to services for individuals with traumatic brain injuries, building provider-capacity and provider-training that address the needs of individuals with traumatic brain injuries, and improving the coordination of services for individuals with traumatic brain injuries.ï¿½ A copy of the report will go to the Secretary of each department represented on the Advisory Board.

Effective Date:ï¿½ October 1, 2005

For more information, please contact:ï¿½ Heather Barthel

HB0384ï¿½ Workers' Compensation - Evaluation of Permanent Impairments

With regard to a medical evaluation to be reported to the Workers Compensation Commission, if a permanent impairment involves a behavioral or mental disorder, a licensed psychologist or qualified physician shall perform the evaluation of only the mental or behavioral portion of the permanent impairment and report the evaluation to the Commission.

Effective Date:ï¿½ October 1, 2005

For more information, please contact:ï¿½ Heather Barthel

HB0391ï¿½ Labor and Employment - Minimum Wage - Increase

This bill amends ï¿½3-413 of the Labor and Employment Article - Payment of Minimum Wage.ï¿½ State law currently reads that an employee will be paid at least the minimum wage set under the Federal Act.ï¿½ This bill amends that section so that an employee will be paid the greater of the minimum wage set under the Federal Act or a wage that equals a rate of $6.15 per hour.

Effective Date:ï¿½ January 1, 2006

For more information, please contact:ï¿½ Heather Barthel

HB0449ï¿½ Housing - Community Development Projects - "Live Near Your Work" Program

House Bill 449 requires the Department of Housing and Community Development to administer community development projects to provide employees with financial assistance to buy homes near their workplaces. The bill exempts community development projects from income requirements and designates these community development projects as the "Live Near Your Work" (LNYW) program.ï¿½ The bill also requires the Governor to include in the State budget, beginning in Fiscal Year 2007, funding for the LNYW program.

Effective Date:ï¿½ October 1, 2005

For more information, please contact:ï¿½ Bret Schreiber

SB0034ï¿½ Workers' Compensation - Students in Unpaid Work-Based Learning Experiences - Waiver

Under current law, a student who has been placed with an employer in an unpaid work-based learning experience coordinated by a county board is a covered employee of that employer for the purposes of coverage under the State workers' compensation laws.

This bill amends current law to provide that a parent or guardian of a student may provide an affirmative written waiver stating that the student is not to be considered a covered employee for the purposes of coverage under the state workers' compensation laws.ï¿½ï¿½ The waiver shall be submitted prior to the start of the work-based learning experience and state the specific unpaid work-based learning experience for which the waiver will apply.

Effective Date:ï¿½ October 1, 2005

For more information, please contact:ï¿½ Heather Barthel

SB0264ï¿½ Workers' Compensation - Evaluation of Permanent Impairments

This bill adds to ï¿½9-721 of the Labor & Employment Article - Workers Compensation - Evaluation of Permanent Impairments. If a permanent impairment involves a behavioral or mental disorder, a licensed psychologist or qualified physician shall perform an evaluation of only the mental or behavioral portion of the permanent impairment and report the evaluation to the Workers Compensation Commission.

Effective Date:ï¿½ October 1, 2005

For more information, please contact:ï¿½ Heather Barthel

SB0396ï¿½ Workers' Compensation - Evaluation of Permanent Impairments

This bill adds to ï¿½9-721 of the Labor & Employment Article - Workers Compensation - Evaluation of Permanent Impairments. A physician shall medically evaluate a permanent impairment using the most recent edition of the American Medical Association's guides to the evaluation of permanent impairments, as amended.ï¿½ The Commission shall adopt regulations that govern the reporting of a physician's medical evaluation of a permanent impairment to the Commission.

Effective Date:ï¿½ October 1, 2005

For more information, please contact:ï¿½ Heather Barthel

SB0464ï¿½ State Government - Energy Efficiency Standards

This bill amends ï¿½ 9-2006 of the State Government Article - Maryland Energy Efficiency Standards Act by amending the definition of “Commercial refrigeration cabinet" to not include any ultra-low temperature freezer designed and marketed exclusively for medical, scientific, or research purposes.ï¿½ The bill also defines "ultra-low temperature freezer" as a freezer designed to maintain temperatures of less than minus 40 degrees Fahrenheit.ï¿½ It also provides that the Maryland Energy Administration may limit a delay of an effective date for any standard established by the Act.ï¿½ Any manufacturer that has certified a product to another state or to the federal energy star program with efficiency standards equivalent to or more stringent than Maryland’s may provide the administration with a copy of the certification that the manufacturer made to the other state or agency in place of a separate certification for Maryland.ï¿½ If a national efficiency standard is established by federal law or regulation for a product listed covered by the act, the labeling requirements do not apply to that product.ï¿½ All display models of products shall be displayed with a mark, label, or tag on the product.

Effective Date:ï¿½ June 1, 2005

For more information, please contact:ï¿½ Heather Barthel

SB0490ï¿½ Workers' Compensation - Accidental Personal Injury - Definition

This bill adds to the definition of "Accidental personal injury" by including an injury that arises from an identifiable incident occurring at some reasonably definite time and directly causes an obvious, sudden mechanical or structural change in the body.

Effective Date:ï¿½ October 1, 2005

For more information, please contact:ï¿½ Heather Barthel

SB0491ï¿½ Workers' Compensation - Presumptions

This bill adds to ï¿½ 9-503 of the Labor and Employment Article stating that the presumption of compensability is rebuttable. The presumption of compensability shifts the burden of production to an employer or insurer to overcome the presumption.ï¿½ If an employer or insurer presents medical or factual evidence contrary to the presumption of compensability, the claimant has the burden of production and the burden of persuasion.ï¿½ The bills also provides that the presumptions of compensability do not apply to an employee who has been retired for more than 5 years from the employment that the employee alleges is the cause of the disease.

Effective Date:ï¿½ October 1, 2005

For more information, please contact:ï¿½ Heather Barthel

SB0505ï¿½ Construction of Electricity Generating Stations - Required Certificates - Exemption

This bill amends ï¿½ 7-207.1 of the Public Utilities Article – On Site Generated Electricity Approval Process, so that it also applies to any person who constructs a generating station the capacity of which does not exceed 25 megawatts and by which at least 10% of the electricity generated each year is consumed on-site.

Effective Date:ï¿½ October 1, 2005

For more information, please contact:ï¿½ Heather Barthel

[Go to Bills Introduced]

Public Health

HB0450ï¿½ Vehicle Laws - Protective Headgear Requirement for Motorcycle Riders - Exceptions

HB 450 exempts the prohibition of operating or riding a motorcycle in Maryland without a helmet for the following: 1) an operator or occupant of three wheeled motorcycle with an enclosed cab; 2) an individual aged 21 years or older who has been licensed to operate a motorcycle for at least 2 years; 3) an individual aged 21 years or older who has completed an approved motorcycle-rider safety course; and 4) an individual aged 21 years or older who is a passenger on a motorcycle operated by an individual described in (1), (2), or (3).

Effective Date:ï¿½ June 1, 2005

For more information, please contact:ï¿½ John Safapour

[Go to Bills Introduced]

Tort Reform

HB0433ï¿½ Task Force on Administrative Compensation for Birth-Related Neurological Injury

This bill establishes a Task Force on Administrative Compensation for Birth-Related Neurological Injury.ï¿½ The Task Force is composed of a variety of individuals.ï¿½ Three members are from the Senate appointed by the President of the Senate, one member from the Senate Finance Committee, one member from the Senate Judicial Proceedings Committee, and one member from the Senate Education, Health, and Environmental Affairs Committee.ï¿½ The House of Delegates will have three members appointed by the Speaker, one member from the House Health and Government Operations Committee one member from the House Economic Matters Committee and one member from the House Judiciary Committee.ï¿½ Other members of the Task Force include the Secretary of Health and Mental Hygiene, the Attorney General, the Maryland Insurance Commissioner, the Chairman of the State Board of Physicians, two health care consumers, the Chairman of the State Workers' Compensation Commission, two representatives of MedChi, two representatives of the medical professional liability insurance industry, one representative of the Maryland Hospital Association, one representative of the Maryland State Bar Association, one representative of the Maryland Defense Council, Inc., one representative of the Maryland Trial Lawyers Association, and one representative of the health insurance industry.

The Task Force shall study the administrative compensation programs for birth-related neurological injury established in Virginia and Florida; investigate the financial, policy, administrative, and legal issues critical to the design of an administrative compensation program for birth-related neurological injury; examine the impact of an administrative compensation program for birth-related neurological injury on the supply of physicians practicing obstetrics and the availability of affordable obstetrical liability coverage for those physicians.ï¿½ The Task Force is also charged with developing a pilot program that would be limited to the medical specialty of obstetrics, would be conducted with voluntary participation by community-based hospitals and at least one hospital affiliated with an academic institution with a control group of at least one community-based hospital and one hospital affiliated with an academic institution.ï¿½ The pilot program would designate an agency instead of a jury to administer birth-related neurological injury claims, with the agency's decision being the exclusive remedy for a claim and with the claimant having a limited right of appeal of the agency's decision to an administrative law judge.ï¿½ The program would compensate injured patients for reasonable and necessary medical expenses and life care according to a schedule of damages. The bill states that the pilot program would be implemented by December 1, 2008.

The Task Force will begin its deliberations no later than November 1, 2005.ï¿½ An interim report is due to the Governor and General Assembly on or before December 1, 2006.ï¿½ A final report is due on or before December 1, 2007.

Effective Date:ï¿½ October 1, 2005

For more information, please contact:ï¿½ Heather Barthel

SB0413ï¿½ Civil Actions - Defenses - Sales of Food, Drugs, Cosmetics, and Other Health-Related Products

This bills adds to ï¿½ 21-1114 of the Health – General Article.ï¿½ In any action brought under ï¿½ 11-209 of the commercial law article, a person that sells, distributes, or otherwise disposes of any drug, medicine, cosmetic, food, food additive, commercial feed, or medical device may not assert as a defense that the person did not deal directly with the plaintiff and may prove, as a partial or complete defense against a damage claim, in order to avoid duplicative liability, that all or any part of an alleged overcharge ultimately was passed on to another person by a purchaser or seller in the chain of manufacture, production, or distribution who paid the alleged overcharge.

The bill also adds to the Commercial Law Article that the Attorney General may bring an action on behalf of the State or any of its political subdivisions “or as parens patriae on behalf of persons residing in the state” to recover damages.ï¿½ An action brought by the Attorney General as parens patriae is superior to any class action brought on behalf of the same person.

Effective Date:ï¿½ October 1, 2005

For more information, please contact:ï¿½ Heather Barthel

SB0649ï¿½ Civil Actions - Limitations on Awards for Noneconomic Damages - Latent Diseases or Injuries

The bill adds to ï¿½ 11-108 of the Courts and Judicial Proceedings Article - Personal injury action - Limitation on noneconomic damages.ï¿½ The bill adds that a cause of action for damages for personal injury in a latent disease or latent injury case arises on the earlier of the diagnosis or the manifestation of symptoms of a legally compensable injury or disease.

Effective Date:ï¿½ July 1, 2005

For more information, please contact:ï¿½ Heather Barthel

SB0781ï¿½ Maryland Tort Claims Act - Structured Settlements

This bill amends ï¿½12-107 of the State Government Article, the definition of "structured settlement" to include the payment of a settlement or a judgment.ï¿½ Current law provides only for the payment of a judgment.

Effective Date:ï¿½ July 1, 2005

For more information, please contact:ï¿½ Heather Barthel

[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

Heather Barthelï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ [email protected]

Mickey Geislerï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ [email protected]

Matt Greenwoodï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ [email protected]

Sheila Higdonï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ [email protected]

Jim Kaufmanï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ [email protected]

John Safapourï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ [email protected]
Bret Schreiberï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ [email protected]

Cathy Ximenezï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ [email protected]

ï¿½[ Go to Top]

ACRONYMS

Legislative Hotline is a service of Johns Hopkins Government Affairs.

ï¿½ 2005 The Johns Hopkins Institutions. Baltimore, Maryland.
Office of Government, Community and Public Affairs.