Legislative Hotline
2005 SESSION OF THE
MARYLAND GENERAL ASSEMBLY
Volume 13, Number 7����������������������������������������������������������������������������������������������� March 16, 2005
Here are some of the hot
issues as the 2005 Legislative Session develops:
CIGARETTE RESTITUTION FUND BUDGET
HEARINGS
MEDICAL LIABILITY DEBATE RESUMES
BILLS INTRODUCED
STAFF CONTACT INFORMATION
�Cigarette
Restitution Fund Budget Hearings
The House Appropriations
Committee and the Senate Budget and Taxation Committee held budget hearings on
the Cigarette Restitution Fund (CRF) Program, as they prepare to make decisions
on the FY2006 budget.� Although the
Governor’s budget as introduced, allows for $1.2 million for each of
Johns Hopkins’ CRF grants for the coming fiscal year, this represents a
fifty percent cut over FY2005’s appropriation for cancer research.�
At the hearings Johns
Hopkins was represented by CRF program co-directors Drs. Martin Abeloff and John Groopman, who
presented an overview of the accomplishment achieved since the program’s
inception in FY2001.�� Dr. Jean Ford,
director of the public health grant, and CRF-funded researchers, Drs. Connie
Trimble and Frances Stillman also presented to the
committees, describing their efforts and the value of the CRF program to Johns
Hopkins and to the citizens of
For further information
please contact Sheila Higdon.
�[ Go to Top]
Medical Liability Debate Resumes
The debate over medical
liability reforms resumed in
Additionally, SB 836, the
corrective bill to HB 2 of the Special Session, has passed the Senate.� There was some concern that the bill would
fall victim to political infighting as several members of the Senate introduced
a number of amendments.� However, all of
the amendments failed and ultimately the bill passed on a vote of 42 –
4.� This bill is important to
For further information
please contact Heather Barthel.
Employment of Ex-Offenders
On Wednesday,
For further information
please contact Heather Barthel.
��[ Go
to Top]
BILLS INTRODUCED
Budget – Capital
BILLS INTRODUCED
Budget - Capital
HB1493 �Creation of a State Debt - Baltimore City - East Baltimore
Biotechnology Park
The bill creates an $8 million State grant to
the Mayor and City Council of Baltimore for the property acquisition,
demolition, and site improvements in the East Baltimore Biotechnology Park
Project area located in
Effective
Date:� June 1, 2005
For more
information, please contact:� Jim Kaufman
SB0958 �Creation
of a State Debt - Baltimore County - Sheppard Pratt Health System
The bill creates a $2 million State grant to the
Board of Trustees of Sheppard Pratt Health System for the construction of a new
psychiatric hospital building to replace the current hospital building on
Sheppard Pratt’s Towson campus.
Effective
Date:� June 1, 2005
For more
information, please contact:� Jim Kaufman
SB0995 �Creation
of a State Debt - Baltimore City - Johns Hopkins Medicine - Pediatric Trauma
Center and Cardiovascular and Critical Care Tower
The bill creates a $10 million state grant to
Johns Hopkins Medicine for the construction of the Pediatric Trauma Center,
housed within the Children’s and Maternal Hospital, and the new
Cardiovascular and Critical Care Tower.
Effective
Date:� June 1, 2005
For more
information, please contact:� Jim Kaufman
General Health Care
HB1004 �Public Power of Attorney - Health Care Decisions
The bill requires the Office of the Attorney
General, in consultation with DHMH, to develop the following forms: (1) a
continuous and durable “power of attorney for health care
decisions” form; and (2) a “notice of termination of power of
attorney for health care decisions” form.�
The power
of attorney form authorizes an individual to designate another individual
to:� (1) make medical decisions on behalf
of the designating individual; (2) visit the individual in a health care
facility; and (3) make decisions regarding the individual’s death,
including disposition of the body and funeral arrangements. A “power of
attorney for health care decisions registry” must be kept and contain a
complete record of each power of attorney and notice of termination form,
properly indexed, with the date each form was recorded. An individual’s
power of attorney form is no longer valid when a notice of termination of power
of attorney form has been received and registered by DHMH.
A health
care facility, cemetery, funeral director, or other person subject to the power
of attorney form must comply with the form and is not liable for violating the
bill’s requirements for good faith compliance with the form. The bill
does not prohibit a health care facility from establishing reasonable
restrictions on visitation, including restrictions on the hours of visitation
and number of visitors.
Effective
Date:� October 1, 2005
For more
information, please contact:� Heather
Barthel
HB1021 �Medical
Decision Making Act of 2005
A life partnership may be created between two
individuals if: (1) each individual is at least 18 years old; (2) the
individuals are not be related to the other individual by blood or marriage
within four degrees of consanguinity; (3) the individuals are of the same sex,
or opposite sex and at least 62 years old; (4) neither individual is married or
a member of a civil union or domestic partnership with another individual; (5)
the individuals agree to be in a relationship of mutual interdependence; (6)
the individuals share a common residence; and (7) the individuals agree to
register with the Secretary of Health and Mental Hygiene.
DHMH must
develop and distribute a “Declaration of Life Partnership” form and
a “Notice of Termination of Life Partnership” form. The forms must
be distributed to each county clerk and must be made available at DHMH, on its
web site, and at local health departments. Each county clerk must make the
forms available on the county clerk’s web site.
DHMH must
set a reasonable fee, based on the costs of processing the forms, to file a
“Declaration of Life Partnership” form. To apply for the
Declaration of Life Partnership Form, two individuals must sign the form before
a notary public. Once the form is submitted to DHMH, DHMH must register the
form and return a copy to the life partners at the address provided. DHMH must
keep a certificate of life partnership book, which contains a complete record
of each registration, properly indexed, and the date each registration was
recorded.
An individual
who has previously registered a life partnership may not register a new life
partnership until 90 days after the date that a notice of termination of life
partnership was recorded by DHMH. The form must include reference to the
information sheet on advance directives.
The rights
and obligations of a life partner are only those described in the bill. The
establishment of a life partnership registry in
Medical
Emergencies: A hospital, related institution, or residential treatment center
must allow a patient’s life partner and other specified relatives to
visit the patient unless no visitors are allowed, the facility reasonably
determines that the presence of a particular visitor would endanger the health
or safety of the patient or member of the facility staff, or the patient tells
the facility staff that the patient does not want a particular person to visit.
In the case
of a medical emergency, two adults must be treated as life partners if one of
the adults, in good faith, tells the emergency medical provider or hospital
personnel that the adults are in a mutually interdependent relationship for the
following purposes only: (1) allowing one adult to accompany the ill or injured
adult being transported to a hospital in an emergency vehicle; and (2)
visitation with the ill or injured adult admitted to a hospital on an emergency
basis.
Disinterment,
Reinterment, or Burial: DHMH may not deny inspection of a disinterment or
reinterment permit record to a life partner of the deceased whose human remains
have been disinterred or reinterred. A life partner may give consent for a
postmortem examination of the decedent. A life partner of the decedent has the
right to arrange for the final disposition of the body. A life partner is a
“person of interest” for the purposes of determining a burial site.
Health Care
Decisions: The following individuals or groups, in the specified order of
priority, may make decisions about health care for a person who has been
certified to be incapable of making an informed decision and who has not
appointed a health care agent: (1) the patient’s guardian, if one has
been appointed; (2) the patient’s spouse or life partner; (3) an adult
child of the patient; (4) a parent of the patient; (5) an adult brother or
sister of the patient; or (6) a friend or other relative of the patient.� An individual may not be transported by
ambulance between facilities unless accompanied by specified attendants or a
specified family member, including the domestic partner.
A life
partner may petition the circuit court to enjoin the provision or withholding
of medical treatment to the patient upon a finding by a preponderance of the
evidence that the action is not lawfully authorized by State or federal law.
When an
individual dies in a hospital, a representative of an organ recovery agency
must request, with sensitivity, that the individual’s representative
consent to the donation of all or any of the decedent’s organs, if
suitable. The decedent’s representatives are, in the following order of
priority: (1) a spouse or life partner; (2) an adult son or daughter; (3) a
parent; (4) an adult brother or sister; (5) a guardian; (6) a friend or other
relative; or (7) any other person authorized or required to dispose of the
body. A life partner is considered “next of kin” for the purposes
of making an anatomical gift.
Nursing
Homes: If feasible, spouses or life partners who are both residents must be
given the opportunity to share a room. Each resident who is party to a life
partnership must have privacy during a visit by the other life partner. A life
partner of a resident may file a complaint about an alleged violation of these
provisions.
Penalties:
A life partnership is not established and an individual may not claim the
benefits of a life partnership unless the individual has been issued a
certificate of life partnership by DHMH. An individual who violates this
provision is guilty of a misdemeanor and subject to a fine of $100.
Effective
Date:� July 1, 2005
For more
information, please contact:� Heather
Barthel
Health Care Facilities
SB0782 �Public Health - Child Abuse and
SB782/HB1341 establishes Child Abuse and
- improve protection of children
in
- recruit local physicians to
gain clinical expertise in the diagnosis and treatment of child abuse and
neglect;
- develop and guide the practice
of local or regional multidisciplinary teams;
- facilitate the appropriate
prosecution of criminal child abuse and neglect; and
- provide expert consultation and
training to local or regional multidisciplinary teams in the diagnosis and
treatment of physical child abuse and neglect and sexual abuse through
teleconferencing and on-site services.�
This bill
provides that the MD AAP shall operate, manage and administer the initiative
and that the DHMH shall cooperate and assist the MD AAP in overseeing the
initiative.� The faculty of the centers
for excellence shall:
- assist local and regional
jurisdictions to develop standards and protocols for the composition and
operation of local or regional centers of excellence;
- provide training and consultation
to local or regional centers of excellence in the diagnosis and treatment
of child abuse and neglect;
- inventory existing academic and
emergency resources available for teleconferencing and facilitate use of
resources for investigative and treatment purposes; and
- provide financial support to
part time local and regional expert clinic staff.�
These
centers of excellence may receive information from DHMH on and may consult on
any case from children in need of assistance program; children committed to
DHMH or a local department of social services; and children who are the subject
of a child abuse or neglect investigation.
Effective
Date:� October 1, 2005
For more
information, please contact:� John
Safapour
Health Insurance
hb1520 �Health
Maintenance Organizations - Hold Harmless Clause - Balance Billing -
Authorization
The bill allows a non-contracting provider who
provides services to an HMO enrollee to bill, charge, collect, or seek other
compensation from the subscriber if the provider provides written notice to the
patient regarding the lack of a contractual relationship with the HMO.
Effective
Date:� October 1, 2005
For more
information, please contact:� Jim Kaufman
SB0938 �Insurance Pilot Programs
The bill authorizes an insurer to create a pilot
program in the State, with the approval of the Insurance Commissioner.� The pilot program may be for any insurance
product line, but the plan must provide information about the pilot to the
Insurance Administration prior to the pilot to include the purpose of the
pilot, what benefits to the market the pilot offers, and the period of time the
pilot will be conducted.� Prior the
termination date, the Insurance Commissioner or the plan may end the
pilot.� If the plan seeks to covert the
pilot program to a formal line of insurance, the plan is required to submit a
formal proposal to the Commissioner.
Effective
Date:� October 1, 2005
For more
information, please contact:� Jim Kaufman
sb0961 �Health Insurance - Small Group Market - Premium Rates
The bill alters the factors a carrier may use in
setting health insurance rates in the small group market to include health when
setting the community rate.� The bill
specifies that when adjusting for age, the carrier may charge a rate that is
60% above or below the community rate; for geography, the carrier may charge
15% above or below the community rate; and for health, the carrier may charge
25% above or below the community rate.�
In addition, the bill specifies that a carrier may not increase the
premium rate by more than 25% of the rate that was charged the preceding year.
Effective
Date:� October 1, 2005
For more
information, please contact:� Jim Kaufman
Medicaid
HB1554 �Maryland
Medicaid Advisory Committee - Modifications
The bill modifies the Medicaid Advisory
Commission to include Medicaid recipients, and representatives of individuals
who are economically disadvantaged, children, seniors and the frail elderly,
individuals with mental illness, developmental disabilities, physical
disabilities, and individuals receiving care from medical adult day care.� In selecting individuals from the above
groups, the Secretary is required to seek advice from the State Protection and
Advocacy System Organization, Statewide Independent Living Council,
Developmental Disability Council, the Department of Disabilities, and the
Department of Aging.
Effective
Date:� October 1, 2005
For more
information, please contact:� Jim Kaufman
Tort Reform
SB0682 �No-Fault Cerebral Palsy Insurance Fund
The bill establishes a no-fault cerebral palsy
insurance fund to pay claimants who are diagnosed as having a birth-related
neurological impairment for medically necessary expenses for the birth-related
neurological impairment and associated disabilities.� The fund consists of revenue distributed to
the fund from the Medical Assistance Program Account of the Maryland Medical
Professional Liability Insurance Rate Stabilization Fund created by HB 2 of the
Special Session.
The rights
and remedies granted to a claimant who is diagnosed as having a birth-related
neurological impairment exclude all other rights and remedies of any person
against a health care provider or health care facility regardless of the cause
of injury.
A claimant
is not precluded from filing a civil action against a health care provider or
health care facility for a birth-related neurological impairment if there is
clear and convincing evidence that the health care provider or health care
facility deliberately caused the birth-related neurological impairment.� If an initial claim for coverage is not filed
before the claimant's third birthday, compensation from the fund shall be
limited to expenses incurred on or after the date of filing. The director of
the fund may require any person with information about the claim to provide the
information the director considers necessary for the evaluation of the claim
and the claimant to submit to examination or testing.
The
director of the fund shall evaluate the claim and determine whether or not the
claimant has a birth-related neurological impairment.� If the director is unable to determine whether
or not the claimant has a birth-related neurological impairment, the director
shall issue a determination that the diagnosis is presently uncertain.
A claimant
may appeal a determination of uncertainty under this subsection to an
arbitration panel or resubmit the claim to the fund at least 1 year but not
more than 3 years after the determination of uncertainty.� If a claimant disagrees with the
determination the claimant may file an appeal with the fund within 60 days
after notification.� If an appeal is
timely filed, the director shall appoint an arbitration panel of three
physicians who are board certified in neurology or pediatrics to review the
determination.� The panel consists of one
physician chosen by the claimant, one physician chosen by the director, and one
physician agreed on by the first two physicians chosen.� The claimant and the director may agree on a
single arbitrator as an alternative to the physician panel.
A vote of
the majority of the panel shall be binding on the panel.� The determination of the panel as to whether
or not the claimant has a birth-related neurological impairment is final and
binding on the fund.� If the panel is
unable to determine whether or not the claimant has a birth-related
neurological impairment, the panel shall issue a determination that the
diagnosis is presently uncertain.� A
determination of uncertainty may be resubmitted to the fund at least 1 year but
not more than 3 years after the determination of uncertainty.� The panel shall promptly notify the claimant
of the panel's determination.� The
claimant may appeal the panel's determination to the circuit court for the
county where the claimant was born.� An
appeal shall be filed within 30 days after receipt of notification.
Following a
final determination that the claimant has a birth-related neurological
impairment the claimant may submit to the fund claims for payment.�� Payments by the fund may not exceed $30,000
each year for any claimant and may be made only for expenses incurred before
the claimant attains the age of 21 years.
At the
beginning of each fiscal year the director shall adjust the $30,000 limit on
annual payments to take into account increases in the cost of medical
care.� Payments made by the fund may not
include expenses for items the claimant has received or is entitled to receive
under other state or federal law, or from any health insurance policy,
nonprofit health service plan, health maintenance organization, or other
private insurer.
A person
may not charge or collect compensation for legal services in connection with
any claims arising under this subtitle unless the compensation is approved by
the director. The director shall report all claims to the state board of
physicians for review to determine whether there are grounds for disciplinary
action for failing to meet appropriate standards for delivery of quality
medical care.
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]
Bret Schreiber��������������������� [email protected]
Cathy Ximenez������������������� [email protected]
Legislative Hotline is a service of Johns Hopkins
Government Affairs.
� 2005 The
Johns
Office of Government, Community and Public Affairs.