Legislative Hotline
2005 SESSION OF THE
MARYLAND GENERAL ASSEMBLY
Volume
13, Number 1������������������������������������������������������������������������������������������� January
19, 2005
Here are some of the hot issues as the 2005
Legislative Session develops.
Articles for this issue
SPECIAL
SESSION AND VETO OVERRIDES
LEGISLATIVE LEADERS REVEAL
SESSION PRIORITIES
BILLS
INTRODUCED
STAFF CONTACT INFORMATION
Articles
Special
Session and Veto Overrides
On
Tuesday, January 11, 2005, the legislature convened for the final day of the Special
Session at which time they took up the bills that the Governor vetoed. Of
foremost interest was House Bill 2 of the Special Session, the medical
liability reform bill. While the bill did not contain much tort reform,
it did contain enough beneficial provisions to warrant the Maryland Hospital
Association and MedChi to support the veto override.� There was some initial concern about
mustering enough votes in the Senate, however, it turned out that the House
vote was very close. In order to override the veto, 85 votes were needed
in the House and 29 in the Senate. The override was achieved by a vote of
85-50 in the House and 31-15 in the Senate.
There
were also several bills from the 2004 regular session that were overridden as
well. Of interest to
Legislative
Leaders reveal Session Priorities
On
the opening day of the 2005 Legislative Session of the Maryland General Assembly,
the President of the Senate and Speaker of the House provided a glimpse of
their legislative priorities.� Speaker
Busch sited his priorities as directing more money for school construction;
enhancing legislative oversight of the sale of state land and preserving
Program Open Space; providing adequate benefits for veterans such as
scholarships for dependants; and protecting a citizen’s right to
vote.� Senate President Mike Miller also
mentioned voter’s rights as one of his priorities, as well as a desire to
raise the minimum wage by at least a dollar.�
It is expected that the Governor will introduce his legislative
initiatives next week.
BILLS INTRODUCED
HB0020� Assisted Living Program Facilities - Emergency
Electrical Power Generator
The bill requires DHMH to make sure that assisted
living programs providing services for six or more individuals to have an
emergency electrical power generator on the premises.� In addition, the bill specifies the
requirements of such an emergency power system and the locations within the
facility that must be lighted through this system.
Effective Date:�
October 1, 2005
For more information, please contact:� Sheila Higdon
HB0021� Nursing Homes and Assisted Living Program Facilities -
Automated External Defibrillator
The bill requires nursing homes and assisted living
program facilities, regardless of number of beds, to have and maintain
automated external defibrillators and requires that each facility have a
trained defibrillator operator on site 24-hours a day
Effective Date:�
October 1, 2005
For more information, please contact:� Sheila Higdon
HB0054� Health - Clinical Trials Data Bank
This bill requires all clinical trials to be listed in
the Clinical Trials Data Bank of the US Department of Health and Human Services
before any participants are permitted to be enrolled in the clinical
trial.� In addition, the bill permits the
attorney General to seek injunctive action to prevent the conduct of a clinical
trial that violates this law, and may petition the court to impose a fine up to
$1000 a day for each day the clinical trial proceeds without being listed in
the Data Bank.
Effective Date:�
October 1, 2005
For more information, please contact:� Sheila Higdon
HB0055� Medical Professional Liability Insurance -
Consideration Paid to Insurance Producers - Limitations
A commission paid to an insurance producer for medical
liability insurance may not exceed 5% of the premium or charge for the
insurance for a new policy or 2.5% of the premium or charge for the insurance
for a renewal policy.� Unless the insurer
or insured elects not to renew a policy, an insurance producer, before the
expiration of the policy, shall make a renewal offer.
Effective Date:�
October 1, 2005
For more information, please contact:� Heather Barthel
sb0029� Medical Professional Liability Insurance - Policies
with Deductibles
This bill requires that each insurer who offers
medical liability insurance shall offer, in addition to the basic policy,
policies with deductibles of $10,000, $25,000, $50,000 and $100,000.� The deductible can only be applied to damages
paid by the insurer for a claim made under the policy and may not be used for
defending the claim, including attorney's fees and court costs.� If a claim made under the policy exceeds the
deductible, the insurer shall pay the claim in full and collect the deductible
from the insured.
Effective Date:�
October 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]
Sheila Higdon��������������������� [email protected]
Jim Kaufman����������������������� [email protected]
John Safapour�������������������� [email protected]
Bret Schreiber��������������������� [email protected]
Cathy Ximenez������������������� [email protected]
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Last updated 04mar17