Legislative Hotline
2005 SESSION OF THE
MARYLAND GENERAL ASSEMBLY
Volume
13, Number 6������������������������������������������������������������������������������������������� March 9, 2005
Here are some of the hot issues as the 2005
Legislative Session develops:
DLS RECOMMENDS RESTORATION OF
SELLINGER AID
RESIDENT WORK HOURS
BILLS
INTRODUCED
STAFF CONTACT INFORMATION
�
DLS Recommends Restoration of Sellinger
Aid
Last week the House Appropriations Committee
continued their operating budget hearings.�
On Wednesday they held a hearing on the Maryland Higher Education
Commission, and specifically on the Sellinger Aid
program.� As is customary at these
hearings, the Department of Legislative Services (DLS) provided the legislature
with recommended funding levels.� DLS
recommended a $5 million cut to the program.�
Even with this recommended cut it is a $5.1 million increase over the
Governor's FY2006 allowance for the Sellinger Aid
program.� If that level is enacted, the
JHU allowance would be $17 million, or a $2.1 million increase over what the
Governor proposed for FY2006 and a $2.5 million increase over last year’s
working appropriation for Johns Hopkins.�
This is good news and a great first step toward the potential
restoration of these funds.
For more information please contact Bret Schreiber.
�[ Go to Top]
Last week the General
Assembly held over 12 hours of hearings on the five stem cell bills that have
been introduced.� Three researchers from
Johns Hopkins testified as private citizens in support of a bill that would
take $25 million from the Cigarette Restitution Fund to fund stem cell
research.� One issue with the bill as
introduced is that it authorizes stem cell research, thereby granting authority
to the State to regulate this field.�
Johns Hopkins as an institution took no formal position on these bills, however
letters were sent to the committee opposing other bills introduced that attempt
to ban all embryonic stem cell research in the State of
For more information please
contact Jim Kaufman.
Due to the legislative
leadership’s proposal to remove projects from the Governor's capital
budget, Johns Hopkins Medicine will have a bond bill introduced creating a $10
million state grant.� The bill will
provide funding to support both the Children’s &
For more information please
contact Jim Kaufman.
�[ Go to Top]
BILLS INTRODUCED
General Education
HB1490 �Education -
House Bill 1490 will require county boards of
education, as part of the County’s comprehensive master plan beginning in
July 2005, to determine their current capacity to provide full-day kindergarten
programs and prekindergarten programs.�
The bill allows county boards to explore partnerships with alternative
early learning and child care providers, or full-day kindergarten programs in
order to provide capacity for full-day kindergarten and prekindergarten program
services.
Effective
Date:� June 1, 2005
For more
information, please contact:� Bret
Schreiber
Health Care Facilities
hb1385 �Maryland
Health Care Commission - Powers and Certificate of Need Requirements
This bills allows the Maryland Health Care
Commission to impose reasonable fines for failure to file information or
reports as required, failure to obtain Commission approval before initiating a
health care project for which the Commission approval is required, failure to
meet performance requirements for a health care project for which Commission
approval is required, violation of terms of a certificate of need, or any other
violation of this subtitle.
A fine
assessed by the Commission may not exceed $ 1,000 per violation for each day a
violation continues.� The Commission
shall consider the following factors in determining the amount of any fine
assessed:
- the willfulness of the conduct
that results in a violation,
- the extent of actual or
potential public harm caused by the violation,
- the cost of auditing or
investigating the violation, and
- the history of previous
violations by the entity that assessed a fine.
A
certificate of need is required before any of the following capital
expenditures are made by or on behalf of a hospital any expenditure that, under
generally accepted accounting principles, is not properly chargeable as an
operating or maintenance expense, if the expenditure is made as part of an
acquisition, improvement, or expansion, and, after adjustment for inflation
consistent with regulations adopted by the Commission, the total expenditure,
including the cost of each study, survey, design, plan, working drawing,
specification, and other essential activity, is more than $2,500,000.� A certificate of need is also required if the
expenditure is made as part of a replacement of any plant and equipment of the
hospital and is more than $2,500,000, after adjustment for inflation consistent
with regulations adopted by the Commission, results in a substantial change in
the bed capacity of the hospital or results in the establishment of a new
medical service in a hospital that would require a certificate of need.
A
certificate of need is required before any equipment or plant is donated to a
hospital, if a certificate of need would be required under this subsection for
an expenditure by the hospital to acquire the equipment or plant directly.� A certificate of need is required before any
equipment or plant is transferred to a hospital at less than fair market value
if a certificate of need would be required under this subsection for the
transfer at fair market value.� A
certificate of need is required before a person acquires a hospital if a
certificate of need would be required under this subsection for the acquisition
by or on behalf of a hospital.
This
subsection does not apply to site acquisition, acquisition of a hospital if, at
least 30 days before making the contractual arrangement to acquire the
hospital, written notice of the intent to make the arrangement is filed with
the Commission and the Commission finds, within 30 days after the Commission
receives notice, that the health services or bed capacity of the hospital will
not be changed, acquisition of business or office equipment that is not
directly related to patient care, capital expenditures to the extent that they
are directly related to the acquisition and installation of major medical
equipment, a capital expenditure made as part of a consolidation or merger of
two or more hospitals, or conversion of a hospital or part of a hospital to a
nonhealth-related use if:
- at least 45 days before an
expenditure is made, written notice of intent is filed with the
Commission;
- within 45 days of receiving
notice, the Commission in its sole discretion finds that the proposed
consolidation, merger, or conversion is not inconsistent with the state
health plan or the institution-specific plan developed by the Commission
as appropriate, will result in the delivery of more efficient and effective
health care services; and is in the public interest; and
- within 45 days of receiving
notice, the Commission shall notify the hospital of its finding.
Also
exempted are capital expenditures made by a hospital for equipment,
construction, or renovation that is not directly related to patient care; and
does not increase patient charges or hospital rates.�� A capital expenditure by a hospital for a
project in excess of $2,500,000 for construction or renovation that may be
related to patient care but does not require, over the entire period or
schedule of debt service associated with the project, a total cumulative
increase in patient charges or hospital rates of more than $1,500,000 for the
capital costs associated with the project as determined by the Commission,
after consultation with the health services cost review Commission if at least
45 days before the proposed expenditure is made, the hospital notifies the
Commission and within 45 days of receipt of the relevant financial information,
the Commission makes the financial determination required under item 2 of this
subparagraph; and the relevant financial information to be submitted by the
hospital is consistent with the regulations adopted by the Commission, after
consultation with the health services cost review Commission.
A plant
donated to a hospital which does not require a cumulative increase in patient
charges or hospital rates of more than $1,500,000 for capital costs associated
with the donated plant as determined by the Commission, after consultation with
the health services cost review Commission if:
- at least 45 days before the
proposed donation is made, the hospital notifies the Commission and within
45 days of receipt of the relevant financial information, the Commission
makes the financial determination required under this subparagraph; and
- the relevant financial
information to be submitted by the hospital is consistent with regulations
adopted by the Commission after consultation with the health services cost
review Commission.
This
subsection may not be construed to permit a hospital to offer a new health care
service for which a certificate of need would otherwise be required.� A hospital may acquire a freestanding
ambulatory surgical facility or office of one or more health care practitioners
or a group practice with one or more operating rooms used primarily for the
purpose of providing ambulatory surgical services if the facility, office, or
group practice has obtained a certificate of need, has obtained an exemption
from certificate of need requirements, or did not require a certificate of need
in order to provide ambulatory surgical services after June 1, 1995.� Nothing in this subsection may be construed
to permit a hospital to build or expand its ambulatory surgical capacity in any
setting owned or controlled by the hospital without obtaining a certificate of
need from the Commission if the building or expansion would increase the
surgical capacity of the state health care system.
Effective
Date:� July 1, 2005
For more
information, please contact:� Heather
Barthel
Higher Education
HB1304 �Student Financial Assistance Reform Act of 2005
House Bill 1304 will provide targeted
scholarships to students in
- Create the Distinguished
Scholar Program for Community College Transfer Students.� It will authorize the Maryland Higher
Education Commission (MHEC) to award merit scholarships of $3,000 to
community college students who transfer to four-year institutions and
require the Governor to include $500,000 in the program for fiscal year
2007 and $1million for fiscal years 2008 and 2009.
- Permit recipients of nursing
scholarships to fulfill the service requirement by working part-time for 2
years for each year the recipient receives a scholarship.� It addresses the long waiting list for
nursing scholarships by requiring the Governor to include an additional $1
million forthe program for fiscal years 2007 through 2009.
- Permit eligible applicants to
receive a Sharon Christa McAuliffe teacher education scholarship for 3
years (instead of 2).� The bill
addresses the critical teaching shortage in
- Require MHEC to establish a
workgroup to study the consolidation of economic development student
assistance grants and work-based shortage grants into a single
program.� It will also require the
Commission to report back to the Governor and General Assembly by November
15, 2005.
- Express legislative intent that
the appropriations required for the Distinguished Scholar Program for
Community College Transfer Students, the Christa McAuliffe teacher
program, and the nursing program shall be funded through a reduction in the
appropriation to the HOPE scholarship programs.
Effective
Date:� July 1, 2005
For more
information, please contact:� Bret
Schreiber
hb1373 �Sharon Christa McAuliffe Memorial Teacher Education Award -
Qualification Requirements
House Bill 1377 establishes the Disabled
Veterans and Dependent Tuition Reduction Program.� The bill requires eligible institutions to
reduce the amount of a qualifying individual's tuition by 10% and providesfor
the duration of a qualifying individual's tuition assistance.� A qualified individual is a veteran, as
defined under state statute, who is permanently or totally disabled, or is at
least 16 years old and the spouse, son, or daughter of a veteran who is totally
or permanently disabled.
Effective
Date:� July 1, 2005
For more
information, please contact:� Bret
Schreiber
hb1377 �Higher Education - Disabled Veterans and Dependents - Tuition
Reduction
House Bill 1377 establishes the Disabled
Veterans and Dependent Tuition Reduction Program.� The bill requires eligible institutions to
reduce the amount of a qualifying individual's tuition by 10% and providesfor
the duration of a qualifying individual's tuition assistance.� A qualified individual is a veteran, as
defined under state statute, who is permanently or totally disabled, or is at
least 16 years old and the spouse, son, or daughter of a veteran who is totally
or permanently disabled.
Effective
Date:� July 1, 2005
For more
information, please contact:� Bret
Schreiber
HB1439 �
HB 1439 defines MarylandOnline as a consortium
of colleges and universities in the State that offer certificate and degree
programs in an on-line format.� The bill
asks the Higher Education Commission to encourage and facilitate the
perpetuation of MarylandOnline.
Effective
Date:� October 1, 2005
For more
information, please contact:� Bret
Schreiber
SJ0008 �Higher Education - Commission to Study
This joint resolution establishes a 23-member
Commission to study
Effective
Date:� July 1, 2005
For more
information, please contact:� Bret
Schreiber
Miscellaneous
HB1400 �Income Tax - Credit for Homeland Security Expenses
House Bill 1400 defines the
following:"Business Entity" means a person conducting or operating a
trade or business; or an organization that is exempt from taxation under �
501(c)(3) or (4) of the Internal Revenue Code."Business Entity"
includes a person conducting a business that manages or operates commercial
rental property or residential multifamily rental property.� "Licensed Security Guard Agency"
means a person who is licensed by the secretary of state police to conduct a
business that provides security guard services.
"Qualified
Premises" means a building or housing development identified by federal or
state homeland security officials as a target of opportunity for activities
that threaten the health and safety of the public."Security Device"
includes access control systems and equipment, barrier fencing, bullet-proof
glass, commercial locking devices, deterrent landscaping and lighting, and
surveillance equipment.� "Security
Guard Services" includes any activity that is performed by a licensed
security guard agency to protect any individual or property on behalf of a
business entity.
A business
entity may claim a credit against the state income tax for the taxable year in
which security devices are purchased and installed and in which security guard
services are provided in order to secure a qualified premises owned or operated
by the business entity.� A business
entity that is exempt from taxation under �501(c)(3) or (4) of the internal
revenue code may claim a credit against the state income tax due on unrelated
business income.
The amount
of the credit allowed under this section equals the sum of:
- 75% of the expenses incurred
during the taxable year for the purchase and installation of a security
device installed on a qualified premises after June 30, 2005; and
- 10% of the fees paid during the
taxable year to a licensed security guard agency that is hired after June
30, 2005 to provide security guard services for qualified premises.
The amount
of the credit allowed may not exceed $100,000 for a business entity in any
calendar year.� The credit allowed under
this section may not exceed the state income tax imposed for the taxable year.� The unused amount of the credit for any
taxable year may not be carried over to any other taxable year.
Effective
Date:� January 1, 2005
For more
information, please contact:� Heather
Barthel
HB1460 �Workers' Compensation - Standards of Health Care - Accessibility and
Schedule of Treatment
This bill requires the Chairman of the
Workers’ Compensation Commission to provide an evaluation of injured
workers' access to health care, including:
- findings as to whether there is
adequate access to quality health care and products for injured workers;
- a review of the information
considered by the Commission to arrive at its findings; and
- any recommendations for
legislative action to remove any identified barriers to access to health
care for
- injured workers.
On or
before December 1, 2006, the Commission shall adopt regulations setting a
schedule of medical treatment utilization standards that shall address, at a
minimum, the frequency, duration, intensity, and appropriateness of treatment
procedures and modalities commonly performed in workers' compensation cases.
As soon as
practicable, after the beginning of fiscal year 2007, and at least every 3
years thereafter, the Commission shall conduct a review and evaluation of
evidence-based, peer-reviewed, nationally recognized standards of care, and
report the findings of the review to the House Economic Matters Committee,
Senate Finance Committee, and Workers' Compensation Benefit and Insurance
Oversight Committee of the General Assembly.
At a
minimum, the review required under this subsection shall include an evaluation
of medical review standards:
- in other states;
- at the federal level; and
- in a variety of medical benefit
systems.
Based on
each review and evaluation conducted under this subsection, the Commission
shall make appropriate revisions to the schedule of medical treatment
utilization standards.
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]
Matt Greenwood������������������ [email protected]
Sheila Higdon��������������������� [email protected]
Jim Kaufman����������������������� [email protected]
John Safapour�������������������� [email protected]
Bret Schreiber��������� ����������� [email protected]
Cathy Ximenez������������������� [email protected]
�[ Go to Top]
Legislative Hotline is a service of Johns Hopkins
Government Affairs.
� 2005 The
Johns
Office of Government, Community and Public Affairs.