Legislative Hotline
2005 SESSION OF THE
MARYLAND GENERAL ASSEMBLY
Volume 13, Number 5����������������������������������������������������������������������������������������������� February 24, 2005
Here are some of the hot issues as the 2005
Legislative Session develops:
BILLS
INTRODUCED
STAFF CONTACT INFORMATION
Medicaid Budget Hearing
This week the House
Appropriations health subcommittee delved into the single largest item in the
state budget – Medicaid which totals $4.3 billion.� The Governor’s allowance for the
program, which includes reductions contingent upon legislative approval, will
increase $358.5 million or 9.1%.�
While this increase is
significant, the budget includes more than $112.6 million in new and expanded
cost containment efforts, not to mention the continuation of a $60 million
total fund savings through the implementation of day limits on hospitals.� The estimated $112.6 million in savings
includes:
- Across the board rate reductions for Managed
Care Organizations - $14.0M
- Reduced durable medical equipment/supplies costs
- $2.6M
- Reduced ventilator patient reimbursements -
$4.0M
- Reductions in inappropriate provider payments -
$32.5M
- Elimination of non-emergency care for legal
aliens - $7.0M
In addition to the new and
expanded cost containment efforts included in the Governor’s budget, the
Department of Legislative Services has recommended an additional $92.5 million
in total funds savings in the FY 2006 budget to include:
- Elimination of “duplicative”
physician fee increases - $37.0 M
The analyst noted that funding was included to increase physician fees
in both HB 2 which earmarks $78 million from the special session and the
Governor FY 2006.
- Remove
funding for MCO rate increase for CY 2006 - $46.0M
Traditionally, DHMH does not include funding for the following
year’s capitation rate increase to prevent the MCOs
from knowing the projected increase.� The
proposed reduction total 6% of capitation rates.� If the reduction is accepted, this reduction
will result in a deficiency appropriation during the 2006 session.
- Restrict MCO funding
for quality performance - $8.0M
The budget bill language would restrict funding until DHMH develops a
quality initiative to reward MCO for performance based on eight measures for CY
2005
The Department of
Legislative Services also included updates on several other Medicaid issues:
- Driving Medicaid Cost
The
Medicaid budget is expected to grow 8% annually over the next five years,
exceeding the projected growth in state revenues.� From FY 2001 to FY 2004, the disabled
population accounted for the largest increases in costs (almost $800 million)
and the largest annual percentage increase (almost 14% annually).� One driver cited in the costs increase is a
disproportionate growth in outpatient emergency department spending.� The data suggests that Medicaid patients are
using emergency departments for less complex ailments than other populations.
In an attempt to control
costs, Legislative Services provided information on potential cost containment
options to include:
-
Competitively
procure managed care services
-
Restrict
Children Health Insurance Program to 200% of poverty
-
Apply for
federal waiver changing penalty for inappropriate asset transfer
-
Reduce income
eligibility for pregnant woman from 250% to 200% of poverty
-
Eliminate
optional services to include durable medical equipment and hospice
-
Limit the annual
number of physician visits to 12
-
Limit the number
of bank name drugs to 4 per month
-
Abolish
inpatient hospital coverage for medically needy
�
MCO Medical Loss
Ratio
The
analysis provides an update on language included in the FY 2005 budget
requiring DHMH to sanction MCOs with less than
average HEDIS scores and medical loss ratios (MLR) of less than 84%.� While the budget assumed a savings of $7.4
million due to the sanction, only $845,846 was actually achieved due to a
difference in the audited MLR.� The
Department of Legislative Services goes on to note that for CY 2003 four plans
are at or below the 85% statutory medical loss ratio, with Amerigroup
(78%) and Jai (80%) reporting the two lowest MLR.� Meanwhile, Maryland Physician Care (88%) and
Priority Partners (93%) reported the highest MLR.� Since MLR is not considered a sound measure
of quality, the Department of Legislative Services recommend restricting $8.0
million (0.5% of capitation rates) for a managed care performance-based
incentive pool to be developed in FY 2006.
�
Physician Fee
Increase
While
the FY 2006 budget includes many new and ongoing cost containment efforts, the
budget includes $37 million to increase physician reimbursement rates.� In addition to the funds included in the
budget, HB 2 from the special session also earmarked funding to increase
reimbursement rates.� During the budget
hearing, DHMH testify that their implementation plan for these funds is to
increase the entire fee schedule to 100% of Medicare.� The implementation plan will phase in the
increase over a few years by increase rates first for OB/GYN, neurosurgery,
orthopedics, and emergency department providers. Second will be commonly used
surgical codes, then evaluation and management codes, and finally all other
rates.� DHMH also stated that they plan
to maintain comparability with Medicare through an annual inflation adjustment.
�[ Go to Top]
Energy Assistance Program
Over the last several months
the
BILLS INTRODUCED
Budget-Capital
BILLS INTRODUCED
Budget - Capital
HB0908� Creation of a State Debt -
The bill creates a state
grant totaling $75,000 to the Regional Health Care Center Foundation for the
acquisition of the Community Free Clinic in
Effective Date:� June 1, 2005
For more information,
please contact:� Jim Kaufman
SB0783� Creation of a State Debt - Maryland Hospitals
TThe bill creates a $5.0
million state grant to be known as the Maryland Hospital Loan of 2005 to
provide grants to:
1. $1.1 million to
2. $0.1 million to
3. $1.2 million to
4. $0.6 million to
5. $0.4 million to Potomac Ridge
Behavioral Health System
6. $0.8 million to
7. $0.8 million to
The bill consolidates the
individual bond bills to receive state funding through the Maryland Hospital
Association.
Effective Date:� June 1, 2005
For more information,
please contact:� Jim Kaufman
Business Operations
HB0686� Labor and Employment - Electronic Monitoring of Employees
ThThis bill adds to �3-709
of the Labor & Employment Article.�
An employer may not engage in electronic monitoring of an employee
before providing an employee with notice.�
A notice required under this section shall expressly state the form of
communication or other activity that will be monitored, the means by which
monitoring will be accomplished, the frequency of the monitoring, and how
information obtained by the monitoring will be stored, used, or disclosed.� An employer may include the notice in an
employee handbook.� An employer shall
provide the notice to all employees who will be subject to electronic
monitoring as a result of a change in an electronic monitoring practice.� An employer may conduct electronic monitoring
without notice to an employee if the employer has reasonable grounds to believe
that a particular employee is engaging in unlawful conduct and electronic
monitoring will produce evidence of the employee's unlawful conduct.
Effective Date:� October 1, 2005
For more information,
please contact:� Heather Barthel
SB0600� Employment - Pay Rates -
This bill establishes the
Maryland Self-Sufficiency Standard under � 3-413.1 of the Labor and Employment
Article – Payment of Minimum Wage Required.� An employee whose pay rate is less than the
Maryland Self-Sufficiency Standard shall receive an increase in the employee's
pay rate at a percentage that is at least twice the percentage increase for
employees whose pay rate is at least equal to the Maryland Self-Sufficiency
Standard.� The Maryland Self-Sufficiency
Standard is a calculation of the income an employed adult requires to meet the
individual's needs, including housing, food, dependent care, transportation,
and medical costs.� The Department of
Business and Economic Development (DBED) shall develop the Maryland
Self-Sufficiency Standard on or before January 1, 2006. The Maryland
Self-Sufficiency Standard shall be used to determine employed adults who are
"at-risk workers" and "under-employed workers".� On or before March 1, 2006, DBED shall
distribute the Self-Sufficiency Standard to units of state government that
counsel individuals seeking education, training, or employment. Units of state
government shall use the Self-Sufficiency Standard to assist an individual in
establishing personal financial goals and estimating the amount of income
needed to support the individual's family.
Effective Date:� July 1, 2005
For more information,
please contact:� Heather Barthel
CRF
HB1199� Developmental Disabilities Administration - Waiting List Equity Fund -
Appropriation
The bill authorizes DHMH to
transfer a maximum of $10 million of the funds allocated from the CRF to rural,
underserved areas of the State to provide community-based services necessary to
sustain individuals in their own homes or in community-based living
options.� It also requires that for
fiscal years 2007 through 2017, $5 of CRF shall be appropriated for the
purposes of a Waiting List Equity Fund for providing community-based services
through the Developmental Disabilities Administration.
Effective Date:� October 1, 2005
For more information,
please contact:� Sheila Higdon
Economic Development
HB0214� Business and Economic Development - Financial Assistance Programs
House Bill 214 designates
the members of the Maryland Industrial Development Financing Authority (MIDFA) to
also serve as the members of the Maryland Economic Development Assistance
Authority (MEDAA). The bill terminates the terms of the current members of
MIDFA and MEDAA on July 1, 2005, and provides for the appointment of seven new
(MIDFA) members with staggered terms.�
The bill raises the amount of assistance that the Maryland Industrial
Development Fund (MIDF) can provide in any one transaction from $50,000 to
$250,000. The bill also alters the economic criteria that determines the
counties in which businesses must be located in order to be eligible for
certain MIDF assistance. Specifically, businesses eligible for MIDF assistance
must be located in qualified distressed counties.� Counties currently meeting the definition are
Effective Date:� July 1, 2005
For more information,
please contact:� Bret Schreiber
SB0620� Biotechnology Investment Incentive Act
Senate Bill 620 provides a tax
credit for investments in biotechnology companies and venture capital
firms.� The Department of Business and
Economic Development will approve and certify the credit.
Effective Date:� July 1, 2005
For more information,
please contact:� Bret Schreiber
Environment Health
HB0496� Environment - Gasoline Containing Methyl Tertiary Butyl Ether -
Prohibition
This bill adds to the
definition of “Oil” ethanol and other oxygenates.� On or after January 1, 2010, 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 by volume.� The Department may adopt regulations
necessary for the implementation of this section.
Effective Date:� October 1, 2005
For more information,
please contact:� Heather Barthel
HB0575� Environment - Statewide Computer Recycling Program
This bill establishes the
Statewide Computer Recycling Program in � 9-1727 of the Environment
Article.� On or after January 1, 2006, a
manufacturer may submit an environmental compliance plan for computers to the
Department.� The environmental compliance
plan shall include a description of the actions taken and planned by the manufacturer
to design its computers so that the computer is easily broken down into
recyclable components and contains the least achievable amount of hazardous
materials, a description of any computer recycling or reuse efforts conducted
or supported by the manufacturer, including recycling contracts with businesses
located in the State.
After review of the
manufacturer's environmental compliance plan, if the Department determines that
implementation of the plan by the manufacturer will significantly reduce the
amount of computer waste entering the solid waste stream, the Department shall
certify the manufacturer's plan.
A certification granted or
renewed is valid for 2 years.� Prior to
the expiration of the certification, a manufacturer may apply to the Department
for a certification renewal.� The application
for renewal shall include details of the manufacturer's implementation of the
original environmental compliance plan.�
There is a state computer recycling fee.�
The fee shall be established in regulation by the department on or
before July 1, 2006, at a level that ensures funding sufficient to implement
and operate the statewide computer recycling program.� On or after July 1, 2006, if the computer's
manufacturer does not have a certified environmental compliance plan for
computers, the fee shall be imposed on the first sale of a new computer by a
retailer to a consumer in the state and collected by the retailer at the time
of the sale.
On or before the 21st day
of the month that follows the month in which the sale was made, the retailer
shall submit to the Comptroller of the Treasury an account of any fees
collected and any fees collected, less the administrative costs.
A retailer who timely
submits an accounting of the fees collected and paid is allowed, for the
expense of administering the collection and payment of the fees, a credit equal
to 1.2% of the gross amount of the State Computer Recycling Fees that the
retailer must pay to the Comptroller.
If the amount of the State
Computer Recycling Fee is separately stated in a retail sale, the fee is not
subject to any tax under title 11 of the Tax - General Article.� At the end of each quarter, the Comptroller
shall forward all state computer recycling fees to the Statewide Computer
Recycling Fund, less the costs of administration.
The bill establishes the
Statewide Computer Recycling Fund.� The
fund may be used only for costs incurred in conducting public outreach to
educate the public on the importance of recycling computers and sites where
computers may be recycled; for activities related to computer recycling
programs, including research, planning, monitoring, public education, and
market development; and to provide grants to local governments for costs
related to the implementation of county or regional computer recycling systems.
Effective Date: �July 1, 2005
For more information,
please contact:� Heather Barthel
HB0660� Environment - Gasoline Underground Storage Tanks - Groundwater
Contamination
This bill adds to �4-412.1
to the Environment Article.� In this
section, "levels of concern" means benzene at or above 5 parts per
billion, total benzene, toluene, ethyl benzene, and xylene at or above 100
parts per billion, and methyl tertiary butyl ether at or above 20 parts per
billion.
If site groundwater samples
collected by an owner of a gasoline underground storage tank system contain
concentrations of gasoline constituents that are equal to or greater than the
levels of concern, the owner shall report the concentrations to the Department
within 24 hours, develop a corrective action plan, provide notice to those
members of the public directly affected by the groundwater contamination and
the planned corrective action as determined by the Department.� If required by the Department, the owner must
perform groundwater testing of adjacent properties and upgrade defective
piping, spill and overfill prevention equipment, containment stumps, and tanks.
Effective Date:� October 1, 2005
For more information,
please contact:� Heather Barthel
HB0960� Environment - Methyl Tertiary Butyl Ether, Ethyl Tertiary Butyl Ether,
and Tertiary Amyl Methyl Ether - Prohibition
This bill creates �4-404 in
the Environment Article.� On or after
October 1, 2006, a person may not sell, offer for sale, supply, or offer for
supply gasoline that contains more than 0.5%, by volume, of methyl tertiary
butyl ether, ethyl tertiary butyl ether, or tertiary amyl methyl ether.� On or after October 1, 2010, a person may not
sell, offer for sale, supply, or offer for supply gasoline that contains methyl
tertiary butyl ether, ethyl tertiary butyl ether or tertiary amyl methyl
ether.� The Department may adopt
regulations necessary for the implementation of this section
Effective Date:� October 1, 2005
For more information,
please contact:� Heather Barthel
General Business
SB0371�
Requiring, in Baltimore City,
specified contractors to retain specified building service workers for a
specified transition employment period; requiring specified contractors to
provide a list containing employee information to specified contractors and to
post specified information; requiring specified contractors to maintain a
preferential hiring list for building service workers not retained during the
transitional period; establishing specified penalties; defining specified
terms; etc.
�If the bill is passed, it is almost mandatory
that a new service contractor assume displaced employees who are not offered
continuing employment with the contractor losing a contract.
Effective Date:� October 1, 2005
For more information,
please contact:� Bret Schreiber
General Education
HB0480� Public Schools - Summer Learning Pilot Program
House Bill 480 establishes
the Summer Learning Pilot Program.� The
purpose of the program is to provide additional instruction in reading, language
arts and mathematics to low income students over the summer break in an effort
to prevent the loss of academic skills.
Effective Date:� July 1, 2005
For more information,
please contact:� Bret Schreiber
HB0995� Education - Principals - Fellowship and Leadership Development Program
House Bill 995 establishes
the statewide Principal Fellowship and Leadership Development Program in the
State Department of Education.� The bill
requires that the MSDE develop criteria for the selection of fellows and
receiving schools.� This bill recognizes
that developing strong principles is essential to improving school and student
achievement and intends to expand the existing Maryland Distinguished Principal
Fellowship Program statewide to focus on school instructional leadership,
school improvement, and leadership success.
Effective Date:� July 1, 2005
For more information,
please contact:� Bret Schreiber
SB0165� Task Force to Study a Pay-For-Performance Model for Public School
Teachers in
Senate Bill 165 establishes
a Task Force to Study a Pay-For-Performance Model for Public School Teachers in
based partially or fully on
student achievement. The task force must submit an interim report by December
15, 2005 and a final report by June 15, 2006. The bill takes effect June 1,
2005 and terminates June 30, 2006.
In a June 2001 Education
Commission of the States report, teacher pay-for-performance models were
analyzed including those that have been implemented in Cincinnati, Ohio;
Denver, Colorado; Douglas County, Colorado; Iowa; and five schools in Arizona.
The report lists seven lessons that were learned in the design and
implementation of these models.
�
The development of a pay-for-performance system should be a collaborative
effort that includes input from teachers, school administrators, parents,
policymakers, and the public.
�
Designing and implementing a pay-for-performance model takes time,
commitment, and willingness to envision a new system.
�
The experiences of districts that have implemented pay-for-performance
models can be enlightening, but recognizing local circumstances and
perspectives are vital.
�
Frequent and consistent communication with stakeholders is crucial.
�
Teacher evaluation criteria must provide diagnostic feedback, be aligned
with performance standards and measure outcomes that teachers can affect.
�
Teachers and principals must be given the training they need to make
effective use of student and teacher assessments.
�
A successful pay-for-performance model cannot be implemented without
examining other factors that affect the model, such as fiscal policies, data
gathering and professional development.
This bill will determine
whether such a model makes sense in
Effective Date:� June 1, 2005
For more information,
please contact:� Bret Schreiber
SB0266� Quality Teacher Incentive Act - Increasing Participation
Senate Bill 266 increases
from 500 to 750 the maximum number of teachers that the State Board of
Education may select each year to pursue national certification under the State
and Local Aid Program for Certification by the National Board for Professional Teaching
Standards.� The bill will ensure high
quality teachers that adhere to national best practice standards are working in
schools throughout the State.
Effective Date:� October 1, 2005
For more information,
please contact:� Bret Schreiber
General
Health Care
HB1151� Task Force to Study the Impact of Illegal Aliens on Uncompensated
Health Care
The bill creates a
21-member Task Force to study the impact of illegal aliens on health care
providers in the state.� The task force
includes five members from each the House and Senate, the Secretary of Health,
and five experts in the field of immigration law or health care, and five
consumers.� The task force sunsets on
June 30, 2006.
Effective Date:� July 1, 2005
For more information,
please contact:� Jim Kaufman
HB1263�
The bill requires the
Medbank Program to receive $2 million beginning in FY 2006 and each year thereafter
from a nonprofit health plan as defined under Section 14.106.1 of the Insurance
Article (i.e., CareFirst BlueCross and BlueShield).
Effective Date:� July 1, 2005
For more information,
please contact:� Jim Kaufman
SB0716� Community Health Care Access and Safety Net Act of 2005
The bill creates a 7 member
Maryland Community Health Resources Commission which is to adopt regulations
establishing the criteria for a community health resource (CHR) and the
services the CHR must provide to qualify for operating grants from the
Commission.� The Commission must also to
develop a revolving loan fund to assist CHRs in obtaining reduce drug prices,
establish procedures to encourage specialist in serving individuals referred from
a CHR, establish a reverse referral program, and evaluate the feasibility of
creating a unified information and data management system for use by all CHRs.
The Commission will
administer a fund to provide $5 million in operating grants annually to the
CHR, from funds appropriated by the Governor.�
Finally, the bill creates the Federally Qualified Health Center Bond
Program to assist in construction and renovations of FQHCs in the state.� The bill sunsets on June 30, 2008.
Effective Date:� July 1, 2005
For more information,
please contact:� Jim Kaufman
SB0728�
The bill alters the
eligibility criteria for the Maryland Pharmacy Discount Program to include a
Medicare beneficiary or other individual who lacks other health insurance coverage
and whose annual household income is at or below 300% of the federal poverty
level.� The bill is contingent upon a
waiver approval from the
Centers for Medicare and
Medicaid Services.
Effective Date:� June 1, 2005
For more information,
please contact:� Jim Kaufman
Health Care Facilities
HB0925� Health Insurance - Health Care Provider Credentialing Process
The bill amends the process
for health insurance credentialing and recredentialing of health care
providers. It requires a health insurance carrier, or its credentialing
intermediary to provide the following notification to health care providers:
1) within 10 business days of receipt
of a uniform credentialing form, notifying the provider for credentialing or
recredentialing in writing of the date of receipt of the form,
2) within 10 business days, notifying
to the applicant of any material deficiencies in the form and notifying the
applicant of the time within which the additional information must be
submitted,
3) applicant shall have at least 30
days in which to submit additional information, and
4) within 10 business days or receipt
of additional information, the carrier or intermediary shall acknowledge in
writing of the receipt of the requested information.
Within 60 days following
receipt of any additional information requested, or if no such information was
requested, within 60 days following receipt of the applicant's uniform
credentialing form - whichever is later - the carrier or its intermediary shall
complete the credentialing/recredentialing process by either accepting or
rejecting the applicant's uniform credentialing form.
The carrier or its
credentialing intermediary shall act in good faith so as to not unreasonably
delay the credentialing or recredentialing process.
The bill also requires
health care providers who have changed employment or provides services pursuant
to a new federal taxpayer ID number and who has been credentialed or
recredentialed by a carrier or its intermediary shall, if practicing in the
same specialty in which they are currently credentialed, continue to be
credentialed if not less than 30 days prior to the effective date of the
change, the provider furnishes written notice to the carrier or
intermediary.� The written notice shall
include:
1) effective date of change,
2) new Federal Taxpayer ID number and
copy of US Treasury Form W-9, or any applicable form
3) information concerning a new
employer including the name of the employer, address, telephone, fax numbers,
e-mail address, and name and contact information of the employer's contact
person for questions regarding the health care provider, and
4) any other information that may
materially differ from the most recently completed credentialing application
form by the provider to the carrier or intermediary.
The bill stipulates that if
there has been a material change in the health care provider's credentialing
information, the carrier or credentialing intermediary may not be required to
contract or credential the provider.
Health care providers who
become credentialed or recredentialed with a carrier shall be paid by the
carrier per the carrier's agreement with the provider or the provider's
employer and the carrier's subscriber or member for services rendered by the
provider during the credentialing application period.�
A carrier has no obligation
to pay a health care provider or employer any amount for services rendered by a
health care provider if that provider is not credentialed or recredentialed
with the carrier except as required by law or by the subscriber's or member's
contract with the carrier.
Health care providers whose
credentialing/recredentialing is pending shall inform the enrollee of the
pending status before providing service to the enrollee.� The enrollee or subscriber under whose
coverage the provider is seeking a service may be responsible for payment to
the provider for the service, as provided in the agreement between the carrier
and the subscriber.�
A carrier shall extend the
period of submission of claims of a health care provider who is being
credentialed/recredentialed for a period of 90 days from date following the
credentialing/recredentialing decision.
Any claim whether or not
held in suspension by the carrier pending credentialing/recredentialing,
submitted before the expiration of the 90-day period shall be considered timely
filed, even if the suspension is lifted after the expiration of the 90-day
period.
Effective Date:� October 1, 2005
For more information,
please contact:� Sheila Higdon
HB1316� Department of Health and Mental Hygiene - Office of the Inspector
General - Health Program Integrity and Recovery Act
The bill establishes the
Office of the Inspector General in the Department of Health and Mental Hygiene
(DHMH).� The Inspector General (IG) will
be authorized to investigate mistaken claims, and fraud, waste and abuse of
departmental funds, and will cooperate and coordinate investigative efforts
with the State Medicaid Fraud Control Unit and where a preliminary
investigation establishes a sufficient basis to warrant referral, shall refer
such matters to the Medicaid Fraud Control Unit.� The IG will also cooperate and coordinate
investigative efforts with Departmental programs and other state and federal
agencies.�
Definitions include the
following:
Abuse: provider practices
that are inconsistent with sound fiscal, business, or medical practices and
result in unnecessary costs to a program, or in reimbursement for services that
are not medically necessary or that fail to meet professionally recognized
health care standards.
Claim: request or demand
for money, property, or services made under contract or otherwise, by a
contractor or grantee, provider, or other person seeking money for the
provision of health services if the State or Department provides any portion of
the money or property that is requested or demanded, or reimburses the
contractor, grantee, provider or other person of any portion of the money or
property that is requested or demanded.
Fraud: intentional
deception or misrepresentation made by a person with the knowledge that the
deception or misrepresentation could result in some unauthorized benefit or
payment.� It includes any act that
constitutes fraud under applicable state or federal law.
Program includes:
1) Medical Assistance Program,
2) Cigarette Restitution Fund Program,
3) Mental Hygiene Administration,
4) Developmental Disabilities
Administration,
5) Alcohol and Drug Abuse
Administration,
6) Family Health Administration,
7) Community Health Administration, and
8) any other unit of DHMH that pays a
provider for a service rendered or claimed to have been rendered a participant.
Provider: an individual
licensed or certified under the Health Occupations Article to provide health
care, a facility that provides health care to individuals, or any other person
or entity that provides health care, products, or services to a program
recipient.
Provider includes the
following as defined by the Health General Article:
1) a facility,
2) an "historic provider",
3) a managed care organization,
4) a health maintenance
organization,�
5) a Federally Qualified
6) includes a contractor,
subcontractor, or vendor who directly or provides DHMH or its recipients
medical or pharmaceutical supplies, drugs, equipment or services.
In collaboration with the
appropriate Departmental Program, the IG may take necessary steps to recover
any mistaken, wrongful or fraudulent claims paid, or the cost of benefits
obtained may perform audits and inspections of providers.� The IG may work with providers to reduce
mistaken claims, fraud, waste, and abuse in the health care system and
coordinate investigative and recovery efforts with other departments and
agencies.� The IG may also issue an
administrative subpoena for the production of all information, documents,
reports, answers, records, accounts, papers, electronic media, and other data
and documentary evidence that may assist in its investigation.
The IG may require a
provider seeking payment for a state health program to adopt and adhere to a
corporate integrity plan, defined as a formal organizational agreement that
promotes prevention, detection, and resolution of conduct that does not conform
to the requirements of the law.� It may
include the following elements:
1) designation of an individual within
the organization as a compliance officer,
2) training program regarding
reimbursement principles,
3) a hotline to promote effective
communication,
4) published guidance regarding
disciplinary action for corporate officers, managers, and employees who fail to
comply with the orgainization's billing standards,
5) period reporting of data not
originally required to be reported, and
6) other provisions as needed to combat
mistaken claims of fraud, waste and abuse.
The bill also stipulates
that a person may not:
1) knowingly present a fraudulent claim
for payment or approval,
2) knowingly make a wrongful claim,
3) conspire to defraud,
4) knowingly make a false statement in
order to get a claim paid,
5) engage in practices that are prohibited
by law regarding participation in a program or providing health care services
to a recipient,
6) fail to cooperate with an
investigation, and
7) fail to maintain records for 5 years
after a claim is submitted for payment, or the period of time required by the
paying program
If a provider has a
reasonable indication of fraud, waste or abuse, the provider shall immediately
notify in writing the appropriate program, the IG, or the Medicaid Fraud
Control Unit.� On receipt of the
notification, the IG may
1) conduct an investigation, and
2) refer the matter to the appropriate
program or investigative authority.
Such notification does not
limit DHMH's authority to investigate mistaken claims, fraud, waste and abuse
in the absence of notification.� In
determining whether or not to proceed with an action, DHMH shall take into
account whether the provider was self-reported and has a corporate integrity
plan.�
Providers who violate
provision of this law are subject to the following administrative penalties:
1) recovery of any departmental funds
wrongfully, fraudulently, or mistakenly paid to the provider,
2) costs of collection and
investigation of the mistaken claim, fraud, waste or abuse,
3) interest on any moneys mistakenly,
wrongfully or fraudulently obtained by the person,
4) imposition of a lien on assets,
5) a fine of up to $10,000 per incident
up to a maximum of $100,000,
6) suspension or termination of the
provider from the Program, and
7) any other penalties, limits,
conditions or controls imposed by DHMH regarding the provision of health care
services provided in any DHMH Programs.
The penalties are in
addition to any criminal, civil, or administrative penalties provided under any
other state or federal statute or regulation.�
Any fine paid will be paid to the General Fund of the State and the
Comptroller will return to or credit the respective Program with any recovery
or other restoration of funds.�
The bill also provides that
a person who is instrumental in the recovery of Departmental funds may receive
an amount not greater than 10% of the proceeds actually recovered.�� An employee or contractor of federal, state,
or local government is not eligible for this award and DHMH may not award a
person who knowingly participated in the violation.� A person may not be civilly liable for a
report made in good faith, or participating in an investigation.� A provider may not take retaliatory action
against an employee who discloses or threatens to disclose to a supervisor or
public body an activity, policy or practice that is in violation of the law,
and may not retaliate against an employee who provides information relative to
the violation.
Effective Date:� October 1, 2005
For more information,
please contact:� Sheila Higdon
HB1320� Health Care Facilities and Laboratories - Accreditation Organizations
and Deeming
The bill applies to the
state licensure and accreditation of health care facilities, which include
hospitals, health maintenance organizations, freestanding ambulatory care
facilities, assisted living facilities, laboratories, home health agencies, and
residential treatment facilities.�� An
accreditation organization,
defined as a private entity
that conducts inspections and surveys of health care facilities based on
nationally recognized and developed standards, must apply to apply to the
Secretary of the Department of Health and Mental Hygiene for approval.� Prior to approval, the Secretary shall
determine that the standards of the accreditation organization are equal to or
more stringent than existing state requirements; evaluate the survey or
inspection process of the accreditation organization to ensure the integrity of
the survey process; and, enter into a formal written agreement with the
accreditation organization that includes requirements for:
1) notice of all survey inspections,
2) sharing of complaints and other
relevant information,
3) participation by DHMH in
accreditation organization activities, and
4) any other provision necessary to
ensure the integrity of the accreditation and licensure process.�
When an accreditation organization
has issued a final report finding a health care facility to be in substantial
compliance with the accreditation organization's standards, DHMH shall accept
the report as evidence that the health care facility has met state licensure
requirements and shall grant the health care facility deemed status.
Health care facilities that
fail to achieve substantial compliance will be subject to existing law
regarding such failure.
An approved accreditation
organization shall send DHMH the preliminary and final reports of each
inspection and survey at the time it is sent to the health care facility.� A final report shall be made available
immediately to the public upon request.� Neither
a preliminary nor a final report may be admissible in evidence in any civil
action or proceeding.��
DHMH may inspect an
accredited health care facility to
1) determine compliance with any
quality requirement,
2) follow up on any serious problem
identified by an approved accreditation organization,
3) investigate a complaint,
4) participate in or observe a survey
of an approved accreditation organization, and
5) validate the findings of an approved
accreditation organization.
If the Secretary determines
that an approved accreditation organization has failed to meet its obligations,
the Secretary may withdraw the approval from the accreditation organization,
and the deemed status given to a health care facility by the accredited
organization.
Effective Date:� October 1, 2005
For more information,
please contact:� Sheila Higdon
Health
Care Practitioners
HB0827� Hospitals - HIV Testing - Consent - Court Order
The bill amends current
statute regarding an exposure in a hospital between a patient and a health care
provider, or between a patient and a first responder before admission of the
patient to the hospital.� It would add a
provision requiring the designated infectious disease/communicable disease
officer of a hospital to order a test for the presence of antibodies for HIV if
a blood sample already obtained from the patient for the presence of HIV was
sought and the patient refused.
It also adds a provision
that if the blood sample already obtained is unavailable, and the patient
refuses to consent to blood testing for the presence of HIV, the individual
involved in the exposure or the employer of that individual may petition the
circuit court for an order requiring the patient to provide a blood sample and
disclose the results in accordance with statute.
The hospital infectious disease/communicable
disease officer is not required to notify the patient of the results of the
test if the patient has declined notification.
Effective Date:� October 1, 2005
For more information,
please contact:� Sheila Higdon
HB1099� Statewide Commission on the Nursing Workforce
The bill creates the
Statewide Commission on the Nursing Workforce for the following purposes:
1) assess, monitor and evaluate the
current and long-term impact of the nursing workforce on access to, and
delivery of, safe, quality health care;
2) develop and implement a standardized
statewide system of data collection on the nursing workforce;
3) establish committees to address
issues and make recommendations related to the nursing workforce and deliver of
safe, quality health care;
4) serve as an advisor to public and
private entities to facilitate implementation of nursing workforce strategies;
5) develop strategies for increasing
ethnic and cultural diversity of the nursing workforce; and
6) provide for an annual meeting of the
state's nursing workforce and issues related to quality nursing and health
care.
The Commission may appoint
an advisory committee composed of state government and community leaders to
assist with implementation of strategies.�
A report from the Commission on the state of the nursing workforce in
the state will be due annually.
The Commission will be
staffed by the Board of Nursing and membership shall include a representative
of the following:
1)
2)
3) Licensed Practical Nurses
Association
4) DHMH
5)
6)
7)
8)
9) Dean of a Baccalaureate Nursing
Program
10) �
11) �
12) �Consumer
13) �Governor's Workforce Investment Board
14) �2 advanced practice nurses
15) �6 direct care nurses
16) �1 direct care nurse working in home care
17) �a physician
18) �
19) �
20) �member of the house of delegates
21) �member of the senate
Effective Date:� Various
For more information,
please contact:� Sheila Higdon
HB1227� Income Tax - Subtraction Modification for Uncompensated Care
The bill allows a
subtraction modification for uncompensated care provided by a physician
providing care to an emergency or trauma patient who is uninsured, not eligible
for Medicaid, and has not paid the physician for care provided.� The income tax subtraction is equal to 100%
of the value of the uncompensated care.
Effective Date:� July 1, 2005
For more information,
please contact:� Jim Kaufman
SB0596� Licensed Physicians - Treatment of Lyme Disease - Discipline -
Insurance Coverage
The bill allows licensed
physicians to prescribe or dispense long-term antibiotic or antimicrobial
therapy for therapeutic purposes for individuals with lyme disease and provides
that the prescribing physician may not be subject to a professional misconduct
proceeding or a disciplinary action by the State Board of Physician Quality
Assurance as a result of such treatment.�
It does not prohibit the Board from taking action if the physician
prescribes or dispenses long-term antibiotic or antimicrobial therapy for
non-therapeutic purposes, failing to monitor the ongoing care of an individual
receiving such therapy, or failure to keep complete and accurate records
relating to that care.�
The bill also requires
insurance carriers and HMOs to provide coverage for long-term antibiotic and
antimicrobial treatment of lyme disease and related tick-borne illnesses.
Effective Date:� July 1, 2005
For more information,
please contact:� Sheila Higdon
Health Insurance
HB1144� Public-Private Partnership for Health Coverage for All Marylanders
The bill expands Medicaid
coverage for families with incomes below 400% of the poverty level,
guaranteeseligibly for 12 months, and removes the 300% of poverty requirement
for children under the age of 19 to qualify for the Children’s Health
Insurance Premium Program.� The benefits
package offered as part of the CHIP Premium plan must be at least equivalent to
the Comprehensive Standard Benefits Package.�
In addition, the bill
creates the MDCare Program, which is designed to provide access to affordable
health insurance for citizens whose family income is below 150% of the poverty
level in FY 2006 and increasing to 350% by FY 2007 whose employer does not
offer health benefits.� The benefits
offered under the MDCare plan may not cost more than 3% of total income for an
individual and 6% for family coverage.
The bill also charges the
Board of the MDCare Program with creating a Maryland Quality Institute designed
to develop standards of clinical practice guidelines.�
In order to support the
projected costs of the Program expansion, the bill increases the cigarette tax
by 50%.� In addition, the bill levies a
tax on for-profit businesses with at least 10,000 employees that do not provide
an amount at less equal to 8% of their payroll in health care.� For non-profits organizations, the tax would
be levied on organizations that do not spend at least 6% of payroll on health
care costs.
Effective Date:� July 1, 2005
For more information,
please contact:� Jim Kaufman
HB1182� Insurance - Rate Filings - Prior Approval
The bill requires that
before an HMO may have their rates adjusted, the plan shall file with the
Commissioner all rates and supplementary rate information and modifications of
rates prior to their use.
Effective Date:� October 1, 2005
For more information,
please contact:� Jim Kaufman
HB1284� Fair Share Health Care Fund Act
The bill creates the Fair
Share Health Care Fund which is designed to receive the taxes levied on for-profit
and not-for-profit organizations with greater than 10,000 employees who offer
to spend less than a fixed percentage of their payroll on health care
costs.� The bill requires that beginning
on January 1, 2006 the business must submit to the Secretary of Labor,
Licensing, and Regulation the amount and percentage of payroll spent by the
employer in the state on health care costs for the previous calendar year.� In calculating the percentage of payroll, the
employer will exempt wages paid beyond the amount taxable for Social Security
and wages paid to an employee who is eligible for Medicare.�
In calculating the tax, a
non-profit that spends less than 6% or a for-profit that spends less than 8% of
total wages on health care costs shall pay to the Secretary the difference
between the percentages listed above and the actual amount paid during the
previous calendar year.� The bill also
specifies that an employer may not reduce an employee’s wages to reflect
the costs paid to the Fair Share Health Care Fund.
Effective Date:� July 1, 2005
For more information,
please contact:� Jim Kaufman
HB1328� Health Insurance - Authority of
The bill allows the
Maryland Health Insurance Plan to not only offer the standard benefit package,
but to offer endorsements of a benefit package that may be purchased at the
option of the enrollee.
Effective Date:� October 1, 2005
For more information,
please contact:� Jim Kaufman
HB1386� Impairment of Health Care Services Contracts
The bill proposes a constitutional
amendment that would be placed on the next ballot for review by the
voters.� The proposed amendment would
state that no contract or policy by an insurance company or HMO can impair or
otherwise interfere with an agreement or contract entered into by a provider
and an individual for health care services.
Effective Date:� Constitutional Amendment
For more information,
please contact:� Jim Kaufman
Higher Education
HB0228� Higher Education - Community Colleges and Regional Higher
House Bill 228 establishes
a process for a regional higher education center or community college to offer
a baccalaureate degree program sponsored by an in-state or out-of-state
four-year institution of higher education.
The Maryland Higher
Education Commission (MHEC) must adopt regulations to implement the bill.� Specifically, the bill will attempt to
authorize a regional higher education center or a Community College Board of
Trustees to submit to MHEC a request for proposals (RFP) to offer a
baccalaureate degree program not offered in the region. Before submitting the
RFP, the center or board must: (1) seek input from students and interested
community groups about the program; (2) determine the regional or statewide
need for graduates of the program; (3) identify enrollment patterns,
characteristics of students, and other unique circumstances that would require
the program to be offered in a particular manner; and (4) determine that the
program is necessary to meet the academic and economic development needs of the
region or State. MHEC must distribute the RFP to public and private four-year
institutions of higher education.� If an
in-state institution does not respond to the RFP, the regional higher education
center or board of trustees may submit the request to an out-of-state four-year
institution of higher education. Before offering the program, an out-of-state
institution’s program must be approved by MHEC.
Effective Date:� October 1, 2005
For more information,
please contact:� Bret Schreiber
HB0349� Higher Education - Teacher Education
This bill requires public
institutions of higher education that have teacher education programs to
provide teacher education reading curricula that are aligned with the federal
No Child Left Behind Act (NCLB). Public institutions of higher education must
revise their teacher education courses to place strong emphasis on phonemic
awareness, phonics, vocabulary development, fluency, and comprehension. In
order to receive State funding under the Sellinger formula, private
institutions of higher education that have teacher education programs must
comply with the same requirements.� The
bill codifies the current practices of teacher education programs in
Effective Date:� October 1, 2005
For more information,
please contact:� Bret Schreiber
HB0389� Teachers - Certification - Fetal Alcohol Spectrum Disorders Course
Credit
House Bill 389 requires the
State Superintendent of Schools and the Professional Standards and Teacher
Education Board (PSTEB) to set a minimum number of semester hours covering
fetal alcohol spectrum disorders required to qualify for a
Effective Date:� July 1, 2005
For more information,
please contact:� Bret Schreiber
HB0444� Income Tax Reform - Revenues for Higher Education
House Bill 444 establishes
the Public Higher Education Fund to supplement General Fund appropriations to
public senior higher education institutions.�
To fund the additional appropriations to public higher education
institutions, the bill increases the State income tax rate to 5.25% on
individuals with
Effective Date:� July 1, 2005
For more information,
please contact:� Bret Schreiber
HB0548� Tax Credit for Employer-Established Paid Work-Based Learning
Programs for Students
House Bill 548 authorizes
eligible parties to establish an approved paid work-based learning program
under which arrangements are made between schools and employers to provide
students with structured employer-supervised learning.� The bill also allows a credit for employers
who employ students against the State income tax or the insurance premiums tax
for wages paid to each student under an approved program.� The program also requires integration with
classroom instruction to result in the acquisition for the student of at least
one unit of academic credit.
Effective Date:� July 1, 2005
For more information,
please contact:� Bret Schreiber
HB0731� Higher Education - State Plan - Mission Statements - Quadrennial
Review
House Bill 731 requires the
Maryland Higher Education Commission to submit a review of the State Plan for
Higher Education to the Governor and to the General Assembly every 4 years
instead of every 2 years.� The bill also
requires that the President of each public institution of higher education
update the institution's mission statement within a year of the review of the
State Plan for Higher Education and also requires regional higher education
centers to update the center's mission statement within a year of the review of
the State Plan for Higher Education.
Effective Date:� July 1, 2005
For more information,
please contact:� Bret Schreiber
HB0869� Income Tax Credit - Teachers in Nonpublic Schools Approved by MSDE
for Students in Nonpublic Placements
House Bill 869 allows
teachers in nonpublic schools approved by or registered with the State to claim
a credit against the State income tax for up to $1,500 of tuition paid by the
teacher for graduate level education required to maintain certification.
Effective Date:� July 1, 2005
For more information,
please contact:� Bret Schreiber
HB0964� Higher Education - Public Institutions of Higher Education -
Academic Bill of Rights
House Bill 964 requires a
public institution of higher education to develop guidelines prohibiting a
faculty member from using the member's courses for political, ideological,
religious, or antireligious indoctrination. The bill also prohibits the
governing body of a public institution of higher education from hiring, firing,
or excluding a faculty member from tenure based on the faculty member's
political or religious beliefs.
Effective Date:� October 1, 2005
For more information,
please contact:� Bret Schreiber
HB0985� Child Welfare Caseworkers Scholarship and Loan Assistance
Repayment Program - Establishment and Regulation
House Bill 985 establishes
the Child Welfare Caseworkers Scholarship and Loan Assistance Repayment
Program.� The bill provides that the
Office of Student Financial Assistance within the Maryland Higher Education
Commission will set the criteria as to who qualifies and how these awards are
to be administered.
Effective Date:� July 1, 2005
For more information,
please contact:� Bret Schreiber
HB1236� Higher Education - Community Colleges - Students with a Documented
Disability
House Bill 1236 allocates
$2,500,000 to the Maryland Higher Education Commission to be distributed to
community college boards and to the Baltimore City Community College Board of
Trustees for students with a documented disability.� The Community Colleges will use the funds to
meet the documented needs of students with disabilities.
Effective Date:� July 1, 2005
For more information,
please contact:� Bret Schreiber
SB0344� Education - General Assembly Scholarships - Modification of Programs
Senate Bill 344 alters the
Senatorial and Delegate Scholarship Programs to require that the moneys
appropriated under the programs be awarded by the Office of Student Financial
Assistance in the Maryland Higher Education Commission.� The bill requires the Office to ensure that
the awards are distributed to ensure awards are granted to a diverse student
population.
Effective Date:� July 1, 2005
For more information,
please contact:� Bret Schreiber
SB0547� Robert Kittleman Scholarship Reform Act
Senate Bill 547 eliminates
the Senatorial Scholarship and Delegate Scholarship Programs and creates a new
legislative scholarship program in the State.�
The bill utilizes the money appropriated for the Senatorial and Delegate
Scholarship and allows the legislator in a specific district to appropriate 30%
of the funds based on criteria determined by the legislator and 70% of the
funds to be appropriated by the Maryland Higher Education Commission based on
need in each legislator's district.
Effective Date:� July 1, 2005
For more information,
please contact:� Bret Schreiber
Long Term
Care/Nursing Homes
HB0893� Nursing Homes and Assisted Living Facilities - Quality of Care
Oversight
The bill changes the name, membership
and duties of the existing Oversight Committee on Quality of Care in Nursing
Homes.� It will be renamed the Oversight
Committee on Quality of Care in Nursing Homes and Assisted Living Facilities.� Representatives of the following
organizations will be added to the membership:
1)
2) United Seniors of
3) Mental Health Association
knowledgeable in elderly issues,
4) Greater
5) Small Assisted Living
6)
Also added will be two
consumers, one of whom will be living in an assisted living facility.
The committee will be
charged to evaluate the progress in improving nursing home care quality and
assisted living facility quality statewide, including the standards for the
identification of the onset of dementia and Alzheimer's Disease.
Effective Date:� October 1, 2005
For more information,
please contact:� Sheila Higdon
Medicaid
HB1366� Managed Care Organizations - Adjustment to Capitation Payments -
Quality Improvement Incentive
The bill states that the
Secretary of Health, in consultation with the Insurance Commissioner, may
adjust compensation rates as a quality improvement incentive based on MCO
performance on a core set of measures. The bill also deletes the 85% Medical
Loss Ratio and requires the Secretary to adopt through regulation, a core set
of performance measures to include quality measures and performance targets,
along with a methodology for withholding capitation payments.
Effective Date:� July 1, 2005
For more information,
please contact:� Jim Kaufman
SB0707� Medicaid Quality Improvement Act of 2005
The bill authorizes the
Secretary of Health, in consultation with the Insurance Commissioner, to adjust
capitation rates paid to an MCO based on violation of the 85% Medical Loss
Ratio if the plan violates quality measures.�
To adjust capitation rates, the bill requires:
1. the Secretary of Health to calculate
the MLR that will serve as the basis for adjustment;
2. the MLR will be based on the audited
HealthChoice Financial Monitoring Report filed by the MCO;
3. the MLR will calculate medical
administration expenses of the MCO as an element of medical expenses; and
4. the Secretary to use a 3-year
average MLR.
Prior to implementing an
adjustment in rates, the Secretary is required to consult with the Insurance
Commissioner, submit the calculation of the MLR to the Commissioner for
verification, and obtain from the Commissioner that the imposition of an
adjustment would not impair the financial condition of the MCO.
In calculating the amount
of the rate adjustment, the first year adjustment shall equal the lesser of 50%
of the difference between the actual capitation paid and the capitation rate
that would have generated an 80% MLR or 25% of the net income of the MCO for
the year in which MLR was calculated.� In
the second year, the adjustment shall equal the less of 75% of the difference
between the actual capitation paid and the rates that would have generated an
80% MRL or 35% of the net income of the MCO for the year in which MLR was
calculated.� For each year thereafter,
the adjustment shall equal 50% of the average net income of the MCO for the
year in which the MLR was calculated.
The bill requires that in
exercising discretion to make the adjustment, the Secretary may not make the
adjustment unless it is determined that the objectives of the HealthChoice
Program would be advanced by the adjustment.�
In addition, the bill requires
that an adjustment may not be made if:
1. the 3-year average MLR of the MCO is
less than 85%, but equal to or greater than 80%, and
2. the service count ratio (which is
the number of services compared to the average yearly enrollment) for the MCO is
at or above the average MCO service count ratio, or the MCO achieved an
acceptable score for all elements of the quality performance initiative or
achieved at least as many “incentive” scores as
“disincentive” scores.
The bill also creates the
Quality Performance Initiative which includes a core set of performance
standards.� The measures will be:
-
relevant to and in proportion to the populations served by the MCO,
-
accommodating to the differences among plans in terms of structure, health
care delivery system, and population served,
-
developed in consultation with experts in the field of health quality,
-
based on absolute rather than relative performance, and
-
grouped into “Acceptable”, “Incentive”, and
“Disincentive” categories.
The bill requires that
before the Act may be implemented, the Secretary must adopt regulations on or
before December 31, 2005.
Effective Date:� July 1, 2005
For more information,
please contact:� Jim Kaufman
SB0769� Health Insurance - Tax on Premiums of Health Maintenance
Organizations and Managed Care Organizations - Repeal
The bill repeals the
premium tax from any HMO authorized to provide benefits to the extent the
premiums are paid to a non-profit HMO and deletes the requirement that gross
receipts paid to an MCO be taxed.� The bill
also repeals the requirement that MCOs report their gross receipts to the
Insurance Commissioner and revises the funding amounts available to the
Maryland Medical Professional Liability Insurance Rate Stabilization Fund and
Medical Assistance Program.
Effective Date:� July 1, 2005
For more information,
please contact:� Jim Kaufman
Miscellaneous
HB0489� Workers' Compensation Commission - Decisions and Orders -
Requirements
This bill adds to �9-308.of
the Labor & Employment Article.� A
decision or order of the Commission shall include written findings of fact and
conclusions of law setting forth the rationale for the decision or order.
Effective Date:� October 1, 2005
For more information, please
contact:� Heather Barthel
HB0515� Workers' Compensation - Evaluation of Permanent Impairments
This bill adds a new
subsection to the Labor & Employment Article � 9-721.� 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.� The Commission shall adopt
regulations that govern the reporting of a physician's medical evaluation of a permanent
impairment to the Commission.
Effective Date:� October 1, 2005
For more information,
please contact:� Heather Barthel
HB0614� Certification and Procurement - Environmentally Compliant Manufacturers of
Computers
This bill adds a new
section - � 9-282 - to the Environment Article.�
A manufacturer may submit an environmental compliance plan to the
Department.� The environmental compliance
plan shall include a description of the actions taken and planned by the
manufacturer to design computers so that the computer is easier to recycle and
contains less hazardous materials.� It
shall also include a description of any recycling effort conducted or supported
by the manufacturer, including recycling contracts with businesses located in
the state and any information required by the Department in regulation.�
After review of a
manufacturer's environmental compliance plan, if the Department determines that
the manufacturer has demonstrated that it has a comprehensive and sufficient
environmental compliance plan, the Department shall certify the manufacturer as
environmentally compliant.
The bill also adds to
�14-601 of the State Finance and Procurement Article.� No later than January 1, 2006, the Board
shall adopt regulations that require each state unit to establish a percentage
price preference, not to exceed 5%, for the purchase of computers from a
certified manufacturer.� On or before
January 1, 2006, each state unit shall review the procurement specifications
for computers currently used by the unit and, to the extent practicable,
require the use of a percentage price preference for the purchase of computers
from a certified manufacturer.� To
encourage the maximum purchase of computers from a certified manufacturer, the
Department of the Environment shall establish a list of certified manufacturers.
Effective Date:� July 1, 2005
For more information,
please contact:� Heather Barthel
HB0634� Workers' Compensation - Uninsured Employers - Penalties
This bill amends �9-1107
and �9-1108 of the Labor & Employment Article.� It increases the fine for failure to secure
payment of compensation from $5,000 to $10,000 and imprisonment from 1 year to
5 years.� It also provides that the
Uninsured Employers' Fund shall file a statement of charges in District Court
against an employer who is alleged to have committed a violation of this
section, unless the Uninsured Employers' Fund determines that it is not in the
public interest to file a statement of charges against the employer, certifies
in writing the reasons for its determination, and keeps a copy of the written
certification on file and makes the copy available for public inspection.
The Uninsured Employers'
Fund shall state in its annual report submitted to the Governor the number of
employers alleged to have committed a violation and the number of statements of
charges filed in district court against employers alleged to have committed a
violation.
Effective Date:� October 1, 2005
For more information,
please contact:� Heather Barthel
HB0635� Workers' Compensation - Permanent Partial Disability - Petition to
Reopen
This bill adds to the
definition of “Accidental personal injury” in �9-101 of the Labor
& Employment Article.� By including
an accidental 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:� October 1, 2005
For more information,
please contact:� Heather Barthel
HB0636� Workers' Compensation - Accidental Personal Injury - Definition
This bill adds to the
definition of “Accidental personal injury” in �9-101 of the Labor
& Employment Article.� By including
an accidental 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:� October 1, 2005
For more information,
please contact:� Heather Barthel
HB0668� Workers' Compensation - Jurisdiction of Commission Pending Appeal -
Temporary Total Disability
This bill amends �9-742 of
the Labor & Employment Article.� The
bills adds that the Commission retains jurisdiction pending an appeal to
consider a request for temporary total disability benefits, provided that the
covered employees claim has been found as compensable by the commission.� The bill deletes the provision that states
that the employee's temporary total disability benefits were granted in the
order on appeal, and were terminated by the insurer or self-insurer pending
adjudication or resolution of the appeal.�
The bill makes other technical changes.
Effective Date:� October 1, 2005
For more information,
please contact:� Heather Barthel
HB0966� Department of Housing and Community Development - Neighborhood Business
Development Program - Community Development Financial Institutions
House Bill 966 authorizes
the Department of Housing and Community Development to provide financial
assistance to community development financial institutions under the
Neighborhood Business Development Program.�
The bill requires the Department to use the Neighborhood Business
Development Fund to provide financial assistance to community development
financial institutions to help develop, redevelop, or expand a small business,
microenterprise, or low-income to moderate-income housing development.
Effective Date:� October 1, 2005
For more information,
please contact:� Bret Schreiber
HB1060� Cancer Drug Repository Program
The bill requires the State
Board of Pharmacy to establish a Cancer Drug Repository Program under which any
person may donate a cancer drug and supplies for use by an individual who is a
resident of the State and meets eligibility requirements established by the
Board. The Program may only accept and dispense drugs in unit dose packaging
and if their expiration date is less than 6 months from the date the drug is
donated.� Donated drugs must be in their
original unopened, sealed and tamper evident packaging.� Any person may donate the drugs, and they may
only be donated at a pharmacy, hospital, or nonprofit clinic that participates
in the Program.�
A pharmacy, hospital, or
nonprofit clinic that accepts donated drugs shall comply with all applicable
laws relative to storage and distribution of such drugs.� Although the pharmacy, hospital or nonprofit
clinic may charge a handling fee to the individual receiving the drugs, the
donated drugs may not be resold.�
The bill also stipulates
that the Board, in consultation with the Secretary of Health and Mental
Hygiene, shall adopt regulations governing the Program.
Effective Date:� October 1, 2005
For more information,
please contact:� Sheila Higdon
Public Health
SB0332� Clean Indoor Air Act of 2005
In order to "protect
the public and employees from involuntary exposure to environmental tobacco
smoke in indoor areas open to the public, indoor places of employment, and
certain designated private areas" as well as to "preserve and improve
the health, comfort and environment of the people of the state by limiting
exposure to environmental tobacco smoke", SB332 prohibits, with certain
exceptions/exemptions, a person from smoking in:
1- an indoor area open to the public;
2- an indoor place in which meetings
are open to the public;
3- a government owned or operated means
of mass transportation including buses, vans, trains, taxicabs, and limousines;
or
4- an indoor place of employment.
SB 332 also mandates
placement of signs, enforcement and fines related to smoking
permission/prohibition.
Effective Date:� October 1, 2005
For more information,
please contact:� John Safapour
Research/Human Subject
HB0086� Public Health - Children and Pregnant Women - Mercury and Heavy
Metal-Free Vaccines and Injections
HB 86 prohibits the
vaccination with a vaccine or the injection of a product that contains mercury
or other heavy metals into an individual under the age of 3 years or a woman
who is known to be pregnant.� The purpose
of HB 86 is to protect the health of maternity, infancy and early childhood.
Effective Date:� October 1, 2005
For more information,
please contact:� John Safapour
HB1356� Public Health - Adult Stem Cell Research Program
The bill requires the
Governor to include $25 million annually in the State budget for the Adult Stem
Cell Research Program.� The program shall
support biomedical research using adult stem cells that have been recommended
by the State’s Institutional Review Board established by the Secretary of
Health.� The definition of adult stem
cells is an undifferentiated cell found among differentiated cells in a tissue
or organ that can renew itself and can differentiate to create major
specialized cell types of the tissue or organ in which the cell was found.
Effective Date:� October 1, 2005
For more information,
please contact:� Jim Kaufman
SB0751�
The bill authorizes stem
cell research in the State of
In order to receive support
from the fund, an applicant will submit a proposal to the Maryland Scientific
Peer Review Committee, which will be comprised of 10 members, 2 selected by
each of the following: the Secretary of Health, the Secretary of Business and
Economic Development,
The peer review committee
will recommend to a Stem Cell Research Commission the projects to be funded
based on the ranking and rating system.�
The 13-member Commission will be comprised of the following: Secretary
of Health, Attorney General, Secretary of Business and Economic Development,
Treasurer, State Comptroller, and members appointed by the Governor with
expertise in biomedical ethics, one who works as a scientist and engages in
stem cell research from
The bill requires a health
care provider who is treating an individual for infertility to provide
information on options to store, discard, donate for the treatment of
infertility, or donate for the use in medical research unused human embryos or
eggs.
Finally, the bill bans
human cloning, which is defined as the replication of a human being through the
production of a precise genetic copy of human DNA or any other human molecule,
cell, or tissue in order to create a new human being.� A person who attempts to conduct human
cloning is subject to a felony conviction with a sentence not to exceed 10
years imprisonment, a fine not to exceed $200,000 or both.
Effective Date:� October 1, 2005
For more information,
please contact:� Jim Kaufman
Taxes/Tax Policy
HB0342� Corporate Income Tax and Vehicle Rental Excise Tax - Revenue
Distribution
House Bill 342 alters the
distribution of the income tax revenue from corporations, the distribution of
the revenue collected from the sales and use tax on short-term vehicle rentals,
and diverts those distributions into the Transportation Trust Fund in an effort
to replenish the fund for state-wide transportation projects.
Effective Date:� July 1, 2005
For more information,
please contact:� Bret Schreiber
Tort Reform
HB0048� Patient Protection Insurance
This bill adds �10-122.1 to
the Insurance Article.� The bill allows
the Maryland Insurance Commissioner to issue a limited lines license to a
physician who sells policies of patient protection insurance in the office of
the physician to patients of the physician.�
A limited lines license authorizes the holder to act as an insurance
producer only as to policies of patient protection insurance.� The Commissioner may require and provide
special forms requiring information the Commissioner considers proper in
connection with the application for renewal of limited lines licenses.
Effective Date:� October 1, 2005
For more information,
please contact:� Heather Barthel
HB0512� Medical Injury Compensation - Claimant Recovery
This bill adds a new
section to the Courts and Judicial Proceedings Article � 3-2A-07.1.� It defines "recovered" as the net
sum recovered by the claimant after deducting any disbursements or costs
incurred in connection with prosecution or settlement of the claim.� Costs of medical care incurred by the
claimant and the attorney's office-overhead costs or charges are not deductible
disbursements or costs.� A person having
a claim against a health care provider for damages due to a medical injury
occurring on or after January 1, 2005, is entitled to not less than 70% of the
first $250,000 recovered; and 90% of any amount recovered in excess of
$250,000.
The requirements
established in this bill apply regardless of whether the amount recovered is by
settlement, award, or verdict, whether the person for whom the amount is
recovered is a responsible adult, a minor, or a person who is mentally
incompetent or the number of defendants involved in the claim.� An attorney who violates this section is
subject to disbarment, suspension, or other disciplinary action in accordance
with
Effective Date:� Emergency Measure (Effective upon enactment)
For more information,
please contact:� Heather Barthel
HB0814� Circuit Courts - Medical Malpractice Review Panel Pilot Program
This bill creates �
3-2A-06E in the Courts & Judicial Proceedings Article.� This section applies only in the circuit
court for
The circuit court for
All time limits under this
subtitle or the
Within 20 days after the
referral of the complaint, the chair shall choose five individuals from a
health care provider list and send the list together with a brief biographical
statement for each individual, by certified mail, to each party. The
biographical statements sent to the parties under this subsection shall have
been updated within 2 years. Each individual chosen by the chair shall have
clinical experience or academic experience in the same or related specialty as
the defendant, or in the field of health care in which the defendant provided
care or treatment to the plaintiff.�
Before naming an individual, the chair shall inquire of the individual
and be assured that the individual does not have a personal or economic
relationship with any of the parties or their counsel, or in any cases that can
form the basis of any partiality on their part. If, in the judgment of the
chair, an individual has such a relationship with a party, the chair shall
replace that individual's name with another individual from the list. An
individual chosen by the chair may not reside in
If the complaint is against
more than one defendant, whether directly by a plaintiff or as a result of a
third-party claim, the defendants claimed against shall be treated as a single
party and shall exercise their strike jointly.�
If there is more than one plaintiff, the plaintiffs shall be treated as
a single party and shall exercise their strike jointly.� If, within the time period specified,
multiple plaintiffs or multiple defendants fail to agree on their strike, they
shall notify the chair of their disagreement, and the chair may make the strike
on their behalf.� If any party fails to
return a copy of the list with the strike made within the time period
specified, the chair may make the strike for that party.
The chair shall appoint the
membership of the panel after receiving the strikes of the plaintiff and
defendant.� Service by a health care
provider on a panel may not be considered a professional activity that directly
involves testimony in personal injury claims.
Within 15 days of the
appointment of the panel, a chair shall notify the parties of the membership of
the panel and convene the panel in an initial conference.� At the initial conference, the chair shall
establish a schedule for the filing of all relevant records and reasonable
discovery which shall be filed at least 30 days before the hearing date.� A hearing on the action shall be held no
later than 60 days from the date of initial conference.
The
The chair shall convene the
panel, schedule hearings, and preside over the panel's meetings; establish a
schedule for submission of evidence to the panel; may adjourn the hearing from
time to time, as necessary; shall expedite the panel's review of the medical
evidence; shall decide issues relating to discovery and motions in limine; advise
the panel on issues of law that arise during the review; and prepare the
decision of the panel.� A chair may not
vote in the deliberations of the panel.
A panel shall determine,
after a hearing held if the evidence presented and properly substantiated is
sufficient to raise a legitimate question that the defendant's actions or
omissions were a departure from the appropriate standard of care as charged in
the plaintiff's complaint, and the defendant's actions or omissions proximately
caused the plaintiff's alleged injury.
At the hearing, the
plaintiff shall present the complaint to the panel and the defendant may make a
presentation in response. After the presentations by the parties, the panel may
request from either party additional facts, records, or other information to be
submitted in writing.� The panel may
subpoena any records or any expert necessary to substantiate or clarify
evidence presented in the hearing. The panel may appoint an impartial and
qualified health care provider to conduct necessary professional or expert
testimony of the parties or the parties' witnesses.� Properly authenticated hospital records and
the records of a treating health care provider are admissible without the necessity
of calling the health care provider, subject to reasonable notice and the right
of the opposing party to depose the health care provider.� At the panel hearing, the parties have the
right to be heard, to present evidence material to the complaint, and to
cross-examine witnesses who appear at the hearing.
A panel shall issue its
written decision within 30 days of the hearing. The decision shall answer the
following questions:
1. Whether there is a reasonable
medical or professional probability that the acts or omissions complained of or
found by the panel to exist constitute a departure from the applicable standard
of care by the health care provider charged with that care; and
2. Whether there is a reasonable
medical or professional probability that the acts or omissions complained of
proximately caused the injury complained of or as found by the panel.
The panel's decision,
signed by the panel members, shall be served by certified mail on the court and
the parties within 5 days of the date of issuance of the decision.� Unless otherwise agreed by the parties, the
costs of the hearing and reasonable expenses of review shall be divided equally
between the parties. A party may reject the decision of the panel issued for any
reason.� The party rejecting the decision
shall file a notice of rejection with the chair and the administrative judge of
Both parties may accept the
decision of the panel. If both parties accept the decision, both parties shall
move to dismiss the complaint filed in court within 30 days of receiving the
decision. The panel's decision is admissible as evidence in a subsequent
trial.� A unanimous decision of the panel
on either or both questions shall be accorded a presumption of correctness in a
subsequent trial of the case. Either party has the right to call a member of
the panel as a witness in a subsequent trial. A party that is the losing party
in a decision before a panel under this section and in a subsequent trial is
responsible for costs in accordance with Maryland Rule 2-603 and paying the
reasonable attorney fees of the prevailing party.
A party that is the
prevailing party in a decision before a panel but is the losing party in a
subsequent trial is responsible for costs in accordance with Maryland Rule
2-603.
An individual who serves as
a member of a panel under this section shall have the immunity from suit. The
bill also amends �5-615.� This subsection
applies only in
Effective Date:� June 1, 2005
For more information,
please contact:� Heather Barthel
HB0819� Volunteer Health Care Practitioners - Liability
This bill adds to section
�5-606 by defining "Health Care Practitioner" as an individual who is
licensed, certified, or otherwise authorized under the health occupations
article to provide health care services in the ordinary course of business or
practice of a profession.� A health care
practitioner who provides health care services at any site voluntarily and
without compensation to a patient of a clinic that is organized in whole or in
part for the delivery of health care services without charge is not liable for
any amount in excess of any applicable limit of insurance coverage in any suit
for civil damages for any act or omission resulting from the provision of the
services unless the act or omission constitutes willful or wanton misconduct,
gross negligence, or intentionally tortious conduct.
Effective Date:� October 1, 2005
For more information, please
contact:� Heather Barthel
HB0890� Health Care Malpractice Claims - Physician Assistants
This bill amends �3-2A-01
of the Courts & Judicial Proceedings Article by including a Physician
Assistant to the definition of “Health care provider”.
Effective Date:� July 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]
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