Legislative
Final
Report
2005 SESSION OF THE
MARYLAND GENERAL ASSEMBLY
Volume 13, Number 10���������������������������������������������������������������������������������������� May
26, 2005
Following a special session on medical liability reform that
abbreviated holiday plans and fell short of its intended mark, the 2005
Legislative Session began with heightened partisan tensions that continued for
the entire 90 days.�� Nevertheless, the
legislative and administrative branches were able to finally agree on a balanced
budget and even assured enough reserves to prevent next year’s spending
plan from tarnishing the 2006 elections.�
Few of the Governor Ehrlich’s
priorities passed; however the General Assembly passed its
own priorities, such as an increase in the
minimum wage and the Fair Share Health Care Fund Act, both of which face
potential vetoes followed by possible overrides at the beginning of the 2006
Session.� Despite the political climate,
Johns Hopkins Institutions faired well,
securing State support on its major
legislative priorities for the 2005 Session, including capital budget requests,
Sellinger Aid, the Cigarette Restitution Fund Program, and Medicaid fee
increases.� This report describes in detail the results of the session.
To view the legislative information below,
click on the subject of interest to go directly to that area or scroll down to
view the entire document.
�
Office of
Children, Youth and Families
�
Aid to
University of Maryland Medical System (UMMS)
�
Video Lottery
Terminals (Slots)
ECONOMIC
DEVELOPEMNT AND GENERAL BUSINESS
- General Health Care
- Health Care Facilities
- Health Care Practitioners
- Health Insurance
- Long Term Care/Nursing Home
- Medicaid
- Mental Health
- Public and Environmental Health
�
Lead
Paint
�
Obesity
�
Immunizations
�
MTBE
During the final hours of
the session, the General Assembly adopted the Governor’s $670
million capital budget with 45 amendments.�
Traditionally, the Governor’s budget includes approximately $15 million
for legislative initiatives and $5 million for the Maryland Hospital
Association Bond program.� As introduced
this year, the capital budget bill excluded funding for these projects;
however, the General Assembly included support for numerous community
initiatives and projects recommended by the Maryland Hospital Association.�
One of the major items that put pressure on this year’s capital budget was public school
construction.� The Governor provided for
$157.6 million in public school construction.�
The Legislature increased that amount by $94.2 million for a total
$251.8 million (or 60% over the Governor’s proposed budget and more than
twice the amount provided in FY 2005).�
As the State continues to attempt to fulfill goals set by the Public
School Facilities Act of 2004, we anticipate that capital
for public school construction will continue to put pressure on other projects
in the State’s Capital Improvement
Plan—at least until another revenue source is identified to fulfill these
obligations.
Three projects requested by
Johns Hopkins were funded by the Governor and the
General Assembly.� Johns Hopkins Medicine
received a total State commitment of $50 million over five years to support
both the Children’s and
The
Below is a summary of other
major projects that were funded in the capital
budget:
�
University of
o
New Diagnostic
and Treatment Facilities $10 million
o
New
�
Maryland
Hospital Association Projects $5 million
o
Adventist
HealthCare $400,000
o
o
o
o
Mercy Medical
Center $800,000
o
o
Northwest
Hospital Center $800,000
�
East Baltimore
Development, Inc. (
�
Baltimore City
Westside Revitalization (
�
�
�
Great Blacks in
Wax Museum (
�
Kennedy Krieger
Institute (
�
�
The General Assembly adopted
a $25.9 billion budget, which includes $12.3 billion in General Funds. �This is an $895 million increase, or 7.9%,
over the FY 2005 budget.� In addition to
balancing the FY 2006 budget and remaining within spending affordability
limits, the adopted budget leaves a surplus of $385 million above the threshold
required for the State’s Rainy Day Fund.
Where It Goes: Budget by Purpose
Below is a summary of
various sections of the budget not addressed in other sections of this
report.� For a review of the education,
Medicaid, and the Cigarette Restitution Fund, please see those sections of the
report.�
Office of Children, Youth and Families
The Governor’s Office of Children, Youth and Families (OCYF) is an interagency
office that focuses on policy collaborations regarding prevention,
intervention, and treatment programs for children and families, with special
focus on children with intensive needs that can only be addressed through
coordination between various State agencies.�
In addition to these efforts, OCYF is the presiding authority over local
management boards that provide grants to various community organizations to
support efforts on childhood immunizations, preventing low birth weight babies,
and other public health efforts.� While
the budget for OCYF was greatly reduced, eliminating nearly 50% of the
positions in the office, the General Assembly failed to enact HB 293 and
SB 222, either of which would have re-authorized the operation of the
office.� Without this legislation, the
office will be eliminated on
Aid to
The FY 2006 budget includes
$7.8 million for UMMS, reflecting a $1.8 million or 19.1% reduction from FY
2005.� The Governor’s budget reduced
funding by $1.6 million for facility renewal at Shock Trauma, and the General
Assembly further reduced the budget by cutting $221,000 that was intended to
offset uncompensated care expenses at
Video
Lottery Terminals (Slots)
There were nearly a dozen
slot machine bills introduced during the 2005 Legislative Session.� Of the bills introduced, two (HB 1361 and SB 205) passed their respective houses
in the legislature.� However, they
contained major differences that were not resolved prior to Sine Die, which
obstructed the passage of any slot legislation for the third consecutive
year.� In short, the House plan proposed
the installation of fewer machines, and would have required competitive bidding
to locate them in Anne Arundel, Allegany, Frederick,
and Harford counties.� The Senate plan
called for seven unspecified locations.
Both bills earmarked money
to pay for K-12 education and approximately $150 million per year for K-12
school construction, but large differences remained as to how much money would
be dedicated to pay for the implementation of the Bridge to Excellence in
Public Schools Act of 2002 (Thornton Commission),
in addition to earmarks for local governments, the horse racing industry, and
other parties.
Below
is a summation of the two bills:
HB 1361
authorized the operation of video lottery terminals (VTLs) in the State with
the State Lottery Commission regulating their operation.�
The House Bill:
- Limited the number of machines to 9,500, to be
located in four counties
- Estimated the total fiscal impact at $1 billion
- Limited 4.3% of total revenue for administration
expenses
- Dedicated 30% of total revenue for the
operators/licensees
- Dedicated 15% of total revenue for local
development grants to counties
- Dedicated 3% of total revenue for local
communities where slots are located
- Dedicated 9% of total revenue to enhance horse
racing purses
- Dedicated 3% of total revenue to horse tracks
for capital improvements
- Dedicated 37.5% of total revenue to fund public
school construction
The bill also funded what
was termed as the Geographic Cost Index (GCI) for K-12 education.� The funding started
at $54 million in FY 2007 and reached $129 million by FY 2011.� The GCI was the only slots revenue dedicated
to operating funds for K-12 in this bill.
Senate Bill 205, the Administration's slot machine legislation, passed the Senate.� It authorized up to 15,500 VLTs at seven
locations.� It also provided for one-time
application fees; provided for the distribution of VLT proceeds; and created
the Education Trust Fund (ETF).� It
mandated funding for the Geographic Cost of Education Index (GCEI) and
allocated $100 million for public school construction.�
The Senate Bill:
- Permitted 15,500 machines
- Estimated a
fiscal impact of $1.6 billion at
full maturity, with over $800 million going into the Education Trust Fund
- Limited 4.3% of total revenue
for administrative expenses
- Dedicated 36% of total revenue
for operators/licensees
- Dedicated 5% of total revenue
for local governments where a slots facility is located
- Dedicated 5.8% of total revenue
to enhance horse racing purses
- Dedicated 48.9% of total
revenue for K-12 education, of that amount, $150 million per year for 8
years went toward capital school construction, the rest went toward
funding the full cost of
Listed below are
the bills that passed during the 2005 Maryland Legislative Session:
HB0340� Creation of a State Debt -
The General Assembly adopted the Governor’s $670 million capital
budget, with 45 amendments.�
Traditionally, the Governor’s budget includes approximately $15
million for legislative initiatives and $5 million for the Maryland Hospital
Association Bond program.� However, the
capital budget as introduced excluded funding for these projects, but the
General Assembly’s amendments included support for numerous community
initiatives and projects recommended by the Maryland Hospital Association.
Three projects requested by Johns Hopkins were funded by the Governor and
the General Assembly.� Johns Hopkins
Medicine received a total State commitment of $50 million over five years to
support both the Children’s and
The
Effective Date:�
For more information, please contact:�
Jim Kaufman & Bret Schreiber
HB0147� Budget Reconciliation and Financing Act of 2005�
The Budget Reconciliation and Financing Act (BRFA) allows the State to
recover the amount of Medicaid funding spent on an individual from a surviving
spouse, unless at the time of the program recipient’s death the spouse is
less than 21 years of age, blind, or permanently disabled.� This section is projected to save the State
approximately $100,000 in FY 2006.� In addition, the Act allows the Medicaid
program to require an $8.50 co-pay, increased from $7.50, for brand-name pharmaceuticals,
producing an estimated $200,000 savings.
The Act also declares that it is the intent of the General Assembly to use
the most accurate full-time equivalent enrollment figures in calculating the State
general funds per full-time equivalent student for determining State aid under
the Senator John A. Cade Funding Formula, the Joseph A. Sellinger Program, and
the Baltimore City Community College Funding Formula. The Maryland Higher
Education Commission is required to study the accuracy of the enrollment
figures used presently and any alternatives that would improve accuracy.� The recommendations will be reported to the
Senate Budget and Taxation Committee, the House Appropriations Committee, and
the
Effective Date:� Various
For more information, please contact:�
Jim Kaufman
GENERAL BUSINESS
Several bills were introduced this year that
negatively impacted the business operations of the Johns Hopkins
Institutions.� In particular, HB 1
imposed recordation and transfer taxes on the transfer of real property with a
value of $1 million or more when the transfer is achieved through the sale of a
“controlling” interest in a corporation, partnership, limited
liability company, or other form of unincorporated business.� HB 1 did not pass the Senate.�
SB 494 prohibited an employer from taking action against
employees for “whistle blowing.”�
The bill also required employers to provide written notices of
protections and remedies for employees.�
There was also legislation that required major employers such as Johns
Hopkins to provide compensation for unused or accumulated vacation leave upon
an employee’s termination.�� Both
of these measures were defeated.
The Energy Efficiency
Standards Act passed during the 2004 legislative session.� It became apparent that these new standards
created unintended consequences and that a corrective bill would be
necessary.� Of concern to
Senator Verna Jones
introduced SB 239 - Pilot Program for the Long-Term Employment of Qualified
Ex-Felons.� This bill would have provided
financial support to businesses willing to hire certain qualified ex-felons.� Pamela Paulk provided compelling testimony,
and the Senate Budget and Taxation Committee, as well as the full Senate,
passed the bill unanimously.� The bill
was never acted on in the House.
Listed below are
the bills that passed during the 2005 Maryland Legislative Session:
HB1063� Financial Institutions -
The statute creates an exemption for higher education institutions under
the Maryland Money Transaction Act.� Under
the Act, a person may not engage in the business of money transmission unless
the person is licensed by the Commissioner of Financial Regulation or exempt
from licensing requirements. It also creates an exemption from the licensing
requirements of the Maryland Money Transmission Act for accredited institutions
of higher education in
Effective Date:�
For more information, please contact:�
Bret Schreiber
hb0214� Business and Economic Development - Financial
Assistance Programs
This Act 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).� It terminates the terms of the current
members of MIDFA and MEDAA on
Effective Date:�
Signed by the Governor on
For more information, please contact:�
Bret Schreiber
HB0449� Housing - Community Development Administration -
Financial Assistance Programs for Purchasing a Home Near Work
This Chapter requires the Department of Housing and Community Development
(DHCD) administer two financial assistance programs to help people buy homes
near their place of employment. The first program, the Home Buyer Assistance
Program, is intended to assist buyers with receiving low-interest mortgage
loans and with down payment and closing cost assistance options. This program
coordinates with, and matches where appropriate, similar programs offered by
private employers and local governments. This program codifies existing
practice, as the Maryland Mortgage and the Down Payment and Settlement Expense
Programs currently provide low-interest mortgage loans, down payment, and
closing cost assistance to eligible homebuyers with low-to-moderate-income
households through private lending institutions throughout the State.
The second program codifies a program known as “Live Near Your
Work,” originally launched in 1997 as a cooperative effort between the
State, local governments, and private employers to revitalize designated
neighborhoods. This program offers matching grants of at least $1,000 each from
the State, local government, and private employers to home buyers purchasing
homes near their work. The program was last funded in fiscal 2003.
Effective Date:�
For more information, please contact:�
Bret Schreiber
HB0664� Biotechnology Investment Incentive Act
This Act creates a tax credit against the State income tax for
individuals, corporations, and venture capital firms that invest in
Effective Date:�
Signed by the Governor on 4/26/05.; Chapter #99.
For more information, please contact:�
Bret Schreiber
SB0217� Research and Development Tax Credit
The Chapter extends the sunset date for the research and development tax
credits (R & D credits) from
The Department of Business and Economic Development (DBED) is required to
report annually to the Governor and the General Assembly by January 10 of each
year on the administration of the R & D tax credit.� DBED is authorized to award $6 million in
credits in each year, the same amount provided under the current R & D tax
credit program.
Effective Date:�
Signed by the Governor on
For more information, please contact:�
Bret Schreiber
SB0255� Department of Transportation and
This Chapter alters the Maryland Transportation Authority (MdTA) bonding
authority and makes provisions for funding the InterCounty Connector
(ICC).� It repeals bonding restrictions
enacted during the 2004 Session that would have required legislation approving
the issuance of any bonds to finance a transportation project and the maximum
principal amount of bonds to be issued.�
The Chapter permits the MdTA to issue revenue bonds secured by toll
revenues in any amount, as long as the outstanding principal on all bond issues
does not exceed a cap of $1.9 billion on June 30 of any year or a more
restrictive cap imposed by the General Assembly for the next fiscal year. It
also expands the definition of tax-secured debt to include debt issued by the
Maryland Department of Transportation (MDOT) or MdTA that is secured by a
pledge of future federal aid from any source, and limits this type of debt to
$750 million in principal for 12 years.
As passed, the Chapter provides that the State and MdTA shall finance the
ICC by the:
• transferring of
$22 million in FY 2005 and $38 million in FY 2006 from the Transportation Trust
Fund (TTF) to MdTA;
• transferring at least $30 million from
TTF to MdTA for FY 2007 through 2010;
• transferring
from the General Fund an aggregate appropriation that equals $264.9 million by
FY 2010;
• transferring of at least $10 million in federal
aid as deemed prudent;
• issuing bonds
secured by a pledge of future federal aid not to exceed $750 million by MdTA;
and
• issuing revenue
bonds by MdTA that are not secured by a pledge of future federal aid.
Effective Date:�
For more information, please contact:�
Bret Schreiber
HB0384� Workers' Compensation - Evaluation of Permanent
Impairments
This Act permits a medical evaluation that is reported to the Workers Compensation
Commission, if a permanent impairment involves a behavioral or mental disorder,
a licensed psychologist or qualified physician to perform the evaluation of
only the mental or behavioral portion of the permanent impairment and report
the evaluation to the Commission.
Effective Date:�
Signed by the Governor on
For more information, please contact:�
Heather Barthel
HB0391� Labor and Employment - Minimum Wage – Increase
This Chapter amends �3-413 of the Labor and Employment Article - Payment
of Minimum Wage.�
Effective Date:�
For more information, please contact:�
Heather Barthel
HB0751� Labor and Employment - Payment of Wages - Credit to
Debit Card or Card Account
This Act adds to � 3-502 of the Labor and Employment Article - Payment of
Wage.� It authorizes the credit of the
wage of an employee to a debit card or card account from which the employee is
able to access the funds through withdrawal, purchase, or transfer if it is
authorized by the employee and any fees applicable to the debit card or card
account are disclosed to the employee.
Effective Date:�
For more information, please contact:�
Heather Barthel
HB1030� State Government - Energy Efficiency Standards
This Act amends � 9-2006 of the State Government Article - Maryland Energy
Efficiency Standards Act by amending the definition of “Commercial
refrigeration cabinet" to not include any ultra-low temperature freezer
designed and marketed exclusively for medical, scientific, or research
purposes.� The Act also defines
"ultra-low temperature freezer" as a freezer designed to maintain
temperatures of less than minus 40 degrees Fahrenheit.� It provides that the Maryland Energy
Administration may limit a delay of an effective date for any standard
established by the Act.� Any manufacturer
that has certified a product to another State or to the federal Energy Star
Program with efficiency standards equivalent to or more stringent than
Maryland’s may provide the administration with a copy of the
certification that the manufacturer made to the other State or agency in place
of a separate certification for Maryland.�
If a national efficiency standard is established by federal law or
regulation for a product listed covered by the Act, the labeling requirements
do not apply to that product.� All
display models of products shall be displayed with a mark, label, or tag on the
product.
Effective Date:�
Signed by the Governor on
For more information, please contact:�
Heather Barthel
The Governor’s budget
increased the State’s financial aid program 17.5% over the FY 2005 working
appropriation, resulting in a total appropriation of $93.5 million.� The largest increase was in the Educational
Excellence Award Program, the State’s need-based aid program, which
increased $11.8 million.� Regarding other
need-based aid programs, the Loan Assistance Repayment
Program increased 189% and the Part-time Grant Program increased 54%.� The HOPE Scholarship program was cut by
26%.� Aside from the programs
listed below, all other State scholarship programs were funded at the same
level as the FY 2005 appropriations.
Educational Excellence Awards - ����������� $61.7 million ($11.8 million
increase)
Delegate Scholarships - ��������������� $4.8 million ($1.1 million increase)
HOPE Scholarships - �������������������� $6.0
million ($4.1 million decrease)
Part-Time Grant Program -������������ $4.7 million ($730,000 increase)
Conroy Memorial Scholarships - $362,000 ($140,000 increase)
Loan Assistance Repayment - ���� $793,000 ($320,000 increase)
General Education
This year, the primary focus in education was funding
for the Bridge to Excellence in Public Schools Act of 2002, otherwise known as
“
From FY 2002 to FY 2006,
State education aid has increased by more than $1.1 billion, an increase of
39.6% or an average 8.7% per year. Further increases of approximately $500
million per year are projected for FY 2007 and FY 2008, at which time
the phase-in of the Bridge to Excellence formulas will be complete.� Despite the difficult budget situation, in
each of the last three years, the integrity of the formula and the original
phase-in structure have been preserved,
sometimes at the expense of other worthy initiatives in the State budget.
Johns Hopkins also advocated for expanded training
for prospective principals and teachers and supported efforts to enhance summer
learning for students.� We opposed
efforts to unnecessarily burden teaching certification by mandating additional
training requirements on fetal alcohol spectrum disorders.�
The Maryland General Assembly considered a number of
measures related to higher education.�
Legislation addressed scholarships, as well as administrative matters,
coursework, and issues related to tuition and funding.� Other bills addressed adult literacy, primary
and secondary educational concerns, teachers and principals, and the health and
safety of students.
A number of bills were introduced that would have
negatively impacted Johns Hopkins.� One
bill required a nonpublic institution of higher education to enter into an
agreement with residents who live within one mile of the institution’s
campus to establish a community-relations council and a community agreement as
a prerequisite to receiving State capital
funding.� A community agreement would
have included: (1) negotiated student enrollment caps; (2) protocols for
community participation in the development and implementation of the
institution’s master plan; (3) an inventory of the institution’s
leased and owned property; (4) disclosure of any proposed acquisitions by the
institution; (5) disclosure of any proposed capital projects with associated
parking and traffic projections; (6) off-campus housing restrictions; (7)
off-campus parking restrictions in neighborhoods surrounding the institution’s
campus; and (8) protocols for construction projects, commercial deliveries, and
sanitation service.� The sponsor withdrew
the bill.�
Legislation that imposed curriculum requirements for
foreign language courses failed.� Lastly,
in the final hours of session, legislation that
created a commission on the future funding of higher education also
failed.� The legislation had the
President of Johns Hopkins serving on a task force whose responsibilities
were to make recommendations on the establishment of a consistent and stable
funding mechanism for higher education, including private higher education.
Every segment of higher
education received a general fund increase in the FY 2006 budget.� New general funds for higher education total
$66.3 million.� The chart below
demonstrates the general funds for Maryland Institutions
of higher education.�
Each year, Johns Hopkins,
along with other independent colleges and universities, receives operating
funds through the Joseph A. Sellinger Aid Program.� The budget committee conferees decided on an
appropriation of $45.8 million for FY 2006 for the Sellinger Aid Program.� This is a 29% increase over the FY 2005
appropriation.� The FY 2006 Sellinger grant
per student is $1,206.� For
The budget conferees restored $9.6 million of the
$10.1 million cut by the Ehrlich Administration in the Budget Reconciliation
Act.� The FY 2006 appropriation is only
$500,000 less than the full statutory formula.�
Legislation was introduced to reformulate the
Sellinger Aid Program based on the number of in-State
students that an institution enrolls.� This
bill was withdrawn by its sponsor.�
However, language was added to the BRFA stating that it is the intent of
the General Assembly to use the most accurate full-time equivalent enrollment
figures in calculating the State general funds per full-time equivalent student
for determining State aid under the Senator John A. Cade Funding Formula, the
Sellinger Aid Program, and the Baltimore City Community College Funding
Formula. The Maryland Higher Education Commission (MHEC) is required to study
the accuracy of the enrollment figures used presently and any alternatives that
would improve accuracy.� The
recommendations are to be reported to the Senate Budget and Taxation Committee,
the House Appropriations Committee, and the
Ways and Means Committee by
|
General Funds for |
|||||
|
Fiscal Years
2002, 2005, and 2006 |
|||||
|
($ in Thousands) |
|
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$ Change |
% Change |
|
|
FY 2002 |
FY 2005 |
FY 2006 |
FY 05 - 06 |
F 05 - 06 |
|
University
System of |
$864,765 |
$757,698 |
$799,748 |
$42,051 |
5.5% |
|
|
52,035 |
48,860 |
51,321 |
2,461 |
5.0% |
|
St.
Mary's College |
14,722 |
13,978 |
14,593 |
615 |
4.4% |
|
MHEC Special
Grants |
7,376 |
14,917 |
15,222 |
904 |
6.3% |
|
Community
Colleges |
178,546 |
183,990 |
191,605 |
7,615 |
4.1% |
|
Balt. |
29,740 |
30,425 |
32,814 |
2,389 |
7.9% |
|
Sellinger/Private
Institutions |
45,974 |
35,514 |
45,830 |
10,316 |
29.0% |
|
Total Increase |
|
|
|
$66,351 |
|
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|
|
|
|
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|
|
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|
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|
|
|
|
Source:
DLS/MGA 90 day report |
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Listed below are
the bills that passed during the 2005 Maryland Legislative Session:
General
Education
HB0929� Education - Baltimore City Public Schools –
Facilities�
This Act repeals the requirement that the Mayor and City Council of
Baltimore transfer the real property assets of the Baltimore City Public School
System to the Baltimore City Board of School Commissioners. Under current law,
county boards of education must hold title to public school buildings. When the
school system was separated from the city government in the Baltimore
City-State Partnership legislation (Chapter 105 of 1997), a schedule for
transferring assets from the city government to the school system was
established, which was extended for real property assets in 2002 legislation.
Prior to 1997, the school system was a department of city government and all
assets of the school system belonged to the City of
Effective Date:�
For more information, please contact:�
Bret Schreiber
HB0995� Education - Principals - Fellowship and Leadership
Development Program
The statute expands the success of a PILOT program, Chapter 545, which was
passed in 2002.� Chapter 545 required
Based on the success of the
Effective Date:�
Signed by the Governor on
For more information, please contact:�
Bret Schreiber
HB1491� State Department of Education - Early Learning and
Child Care Programs
The statute requires the MSDE� to
develop a plan to accredit certain early learning programs and child care
programs that are planning to provide or are providing all-day kindergarten or
prekindergarten programs to counties.�
The MSDE must submit the plan to the Joint Committee on Children, Youth,
and Families on or before
Effective Date:�
Signed by the Governor on
For more information, please contact:�
Bret Schreiber
SB0266� Quality Teacher Incentive Act - Increasing
Participation�
The Act 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.� It
will ensure that high quality teachers who adhere to national best practice
standards are working in schools throughout the State.� The State has encouraged teachers to pursue
certification by the National Board for Professional Teaching Standards
(NBPTS). NBPTS is an independent, nonprofit, nonpartisan organization with a
mission “to establish high and rigorous standards for what accomplished
teachers should know and be able to do.” There are approximately 500
nationally certified classroom teachers working in
Effective Date:�
Signed by the Governor on
For more information, please contact:�
Bret Schreiber
sb0384� Adult Education and Literacy Services - Waiting List
– Funding�
The Act requires
the Governor to include in the FY 2007 and FY 2008 State
budgets an appropriation for adult education equal to an increase of $1.5
million over the FY 2005 appropriation. The Maryland State Department of
Education (MSDE) must distribute the funding as Literacy Works Grants in order
to reduce the waiting list for adult education and literacy services. It also
requires MSDE, in consultation with the General Assembly, to establish an
ongoing method of funding for adult education and literacy services so that the
waiting list for these programs is reduced.
Effective Date:�
Signed by the Governor on
For more information, please contact:�
Bret Schreiber
Higher Education
SB0360 Higher
Education Institutions - Blind Individuals - Access to Technology�
This Act pertains to State procurement laws.� Regarding blind access to technology under
the general State procurement law and the State Information Technology Plan, a
nonvisual access clause must be included in procurements related to the
purchase of new or upgraded information technology and services.� However, the clause does not have to be
included if the technology is not available with nonvisual access because the
essential elements of the technology are visual, or the cost of modifying the
technology for nonvisual access increases the price by more than 5
percent.� Additionally, public
institutions of higher education are exempt from the State procurement laws but
are required to develop policies and procedures that are compatible with the
State Information Technology Plan and consistent with the purposes of the State
procurement laws.�
The Act will enhance access to technology at higher education institutions
for blind individuals by requiring the governing board of each public
institution of higher education to develop a nonvisual access clause for use in
the procurement of computer-based instructional technology by
Effective Date:�
Signed by the Governor on
For more information, please contact:�
Bret Schreiber
HB0228� Higher Education - Community Colleges and Regional
Higher
The Act establishes a process for a regional higher education center or a
community college to offer a baccalaureate degree program sponsored by an
in-State or out-of-State four-year institution of higher education.� MHEC must adopt regulations to implement
these provisions.� Specifically, the Act
authorizes 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:�
Signed by the Governor on
For more information, please contact:�
Bret Schreiber
HB0597 �Higher Education - Regional Centers - Approval to Operate
in
The statute will centralize approval for the operation of regional higher
education centers throughout
Effective Date:�
Signed by the Governor on
For more information, please contact:�
Bret Schreiber
HB1235� Higher Education - Scholarships - Speech Language
Pathologists and Audiologists�
The Act authorizes the State Board of Education to designate audiology and
speech-language pathology as areas of critical shortage under the Sharon
Christa McAuliffe Memorial Teacher Education Award program. It provides that
the service obligation associated with a scholarship award may be fulfilled by
providing audiology and speech-language services in a public school for one
year for each year that the scholarship is received.
Effective Date:�
Signed by the Governor on
For more information, please contact:�
Bret Schreiber
HB1236� Community College Students with Disabilities Task
Force
The Chapter creates a Task Force to identify strategies to improve
educational and employment outcomes for community college students with
disabilities.� The Task Force will also
develop recommendations to enable community colleges to acquire resources to
serve students with disabilities.
Effective Date:�
Signed by the Governor on
For more information, please contact:�
Bret Schreiber
HB1283� Public Records - Trade Secrets and Confidential
Information - Public Institutions of Higher Education
The Act authorizes the custodian of a public record at a public
institution of higher education and its governing boards to deny inspection of
the part of the record that contains information that discloses a trade secret,
confidential commercial information, or confidential financial information that
is owned by that public institution of higher education if that information is
part of an arrangement between the institution and the private sector.
Effective Date:�
For more information, please contact:�
Bret Schreiber
HB1304� Student Financial Assistance Reform Act of 2005�
This Act establishes the Student Financial Assistance Reform Act of 2005,
which proposes a number of enhancements to State scholarship programs. Of
specific interest to Johns Hopkins are the following:�
Distinguished Scholar Program for Community College Students: In order to provide
incentives for promising community college students to continue on to four-year
institutions, the Act establishes a Distinguished Scholar Program for community
college transfer students. Each year MHEC is directed to select community
college students from across the State who have the greatest potential for
success in higher education and offer them scholarships to four-year
institutions of higher education.� A
$3,000 award is available for a student who: (1) has at least a 3.0 grade point
average at the community college; (2) has completed at least 60 credit hours or
an associate’s degree program at a Maryland community college; (3)
qualifies as a Maryland resident; (4) uses the scholarship within one year of
completing the community college credit or degree requirement; and (5) attends
the four-year institution as a full-time student. The award may be used to pay
for tuition and mandatory fees, room and board, and books and supplies and is
independent of any other State scholarships available to the student.
Nursing Scholarships: To help address the current statewide nursing shortage, the
Act will expand eligibility for State nursing scholarships in order to allow
qualifying students who enroll in out-of-State institutions of higher
education, due to lack of capacity in the programs in the State, to receive
awards. In addition, it alters the service obligation requirement to allow a
recipient to work for two years as a half-time nurse to fulfill the obligation
(rather than work as a full-time nurse for one year for each year the recipient
received the award) or to work as a faculty member in a nursing program at an
eligible institution to meet the service obligation.� The latter is designed to help address the
nursing faculty shortage.
Workgroup to Study the Consolidation of Higher Education Grants: The Economic
Development Student Assistance Grants Program was established to assist
students who pledge to work in fields of geographic or critical shortage in the
State. Over the years, these programs have grown complex and tend to overlap
one another.� The Act requires MHEC to
establish a workgroup to study the possibility of consolidating the Economic
Development Student Assistance Grants and Work-Based Shortage Grants into a
single grant program. The goal is to establish uniform criteria for grant
eligibility, award amounts, and service obligation requirements. The workgroup
must also develop a methodology for prioritizing the grants on an annual basis.
Effective Date:�
Signed by the Governor on
For more information, please contact:�
Bret Schreiber
hb1373� Sharon Christa McAuliffe Memorial Teacher Education
Award - Qualification Requirements�
This Chapter requires the State Board of Education to establish
eligibility criteria targeted to teaching applicants who earned an
undergraduate degree prior to 1986. Under this Chapter, consideration of the
grade point average of pre-1986 graduates is prohibited.
Effective Date:�
Signed by the Governor on
For more information, please contact:�
Bret Schreiber
SB0901� Property Tax Exemption - Property Used for Student
Housing�
This Act exempts from State and local property tax property that is leased
from the State and used to provide housing to students of public higher
education institutions.� The Act is
limited to public/private partnerships on State-owned land.� It permits for-profit entities to enter into
agreements to construct and manage student housing for the University System of
Maryland (USM).� The Act does not cover
housing constructed on land not owned by the State.� It is expected to help meet the large
anticipated enrollment in
Effective Date:�
For more information, please contact:�
Bret Schreiber
This year the General Assembly
passed legislation to protect the health and safety of children.� First, HB 254 improved access to information
pertaining to abuse and neglect for health care professionals in charge of
making discharge decisions for children.�
Second, in order to develop programs and policies for the reduction of
violence against children, HB 900 required the Department of Juvenile Services
(DJS) and the Department of Human Resources (DHR) to disclose relevant
confidential records regarding a child in the jurisdiction of a local health
department upon the health department's request.
Other bills that passed
included SB 690, which brought
HB 742, a bill that would
have mandated parental notice of a minor requesting an abortion, was defeated.
Listed below are
the bills that passed during the 2005 Maryland Legislative Session:
SB0834� Pilot Program to Study and Improve Screening Practices
for Autism Spectrum Disorders�
The Act establishes a pilot program to study and improve screening
practices for autism spectrum disorders in the MSDE.� The purpose of the pilot program is to assess
screening practices used in pediatric health care settings, to implement
screening practices at well visits for 12- and 36-month-olds in two
jurisdictions in the State, and to train health care providers in early
detection.� In collaboration with DHMH,
MSDE is to select and establish relationships with providers to participate in
the pilot program; train health care providers in early detection; identify,
refer and provide services for at risk 12- and 36-month-olds; facilitate access
to health care and early intervention services for parents seeking an early
diagnosis; and requires MSDE to improve and expedite of Maryland Infants and
Toddlers Program services to qualified children.� SB 834/HB 579 also requires MSDE, in
collaboration with DHMH and Kennedy Krieger’s Center for Autism and
Related Disorders, train participating providers on screening practices and on
information and resource referral practices.
Effective Date:�
Signed by the Governor on
For more
information, please contact:� Sheila
Hidgon
HB0254� Department of Human Resources - Disclosure of
Information - Hospitals and Birthing Centers
When the medical or human resources personnel of a hospital or birthing
center have reasonable and articulable concerns about the safety of a child
after discharge, the Chapter authorizes the disclosure of records and reports
concerning child abuse or neglect for the purpose of making discharge decisions
for that child.
Effective Date:�
Signed by the Governor on
For more information, please contact:�
Heather Barthel
SB0395 State
Traumatic Brain Injury Advisory Board
This Act establishes the State Traumatic Brain Advisory Board.� The Board is composed of 36 members, one
member from the House and the Senate; various divisions within the Department
of Health and Mental Hygiene, the State Department of Education; one
representative of the Maryland Institute of Emergency Medical Services Systems;
the Brain Injury Association of Maryland; the Maryland Statewide Independent
Living Council; the Maryland Disability Law Center; National Institutes of
Health; one representative of State or local law enforcement; six Maryland
citizens who have
experienced a traumatic brain injury; five Maryland citizens who are currently
caring for, or are family members of, individuals who have experienced a
traumatic brain injury; and four professionals with specialized experience in
providing services to individuals with traumatic brain injuries or traumatic
brain injury prevention activities.
The
Advisory Board shall investigate the needs of citizens with traumatic brain
injuries; identify gaps in services to citizens with such injuries; facilitate
collaboration among State agencies that provide
services to these individuals; facilitate collaboration among organizations and
entities that provide services to individuals with traumatic brain injuries;
and encourage and facilitate community participation in program implementation.� The Advisory Board will issue an annual
report to the Governor and the General Assembly on or before November 30, 2005,
and each November 30 thereafter, summarizing its actions and containing
recommendations for providing oversight in acquiring and utilizing State
and federal funding dedicated to services for individuals with traumatic brain
injuries, building provider-capacity and provider-training that address the
needs of individuals with traumatic brain injuries, and improving the
coordination of services for individuals with traumatic brain injuries.� A copy of the report will go to the Secretary
of each department represented on the Advisory Board.
Effective
Date:�
Signed by the Governor on
For more
information, please contact:� Heather
Barthel
HB0417� Health
Insurance - Pharmacies - Electronic Reimbursement
The Act
applies '15-131 of the Insurance Article to HMOs.�
This Act states that any plan that provides coverage for prescription drugs,
directly or indirectly, and requires the pharmacy to submit a request for
payment electronically, must also reimburse such pharmacies electronically upon
the pharmacies’ request.� The
carrier may not impose a processing fee for the electronic reimbursement.
Effective
Date:�
Signed by the Governor on
For more
information, please contact:� Jim Kaufman
HB0458 Health
Insurance - Coverage for Psychological and Neuropsychological Testing
The Act modifies Maryland's mental
health mandated benefit to specify that mental health coverage is not
discriminatory as long as outpatient coverage includes psychological and
neuropsychological testing for diagnostic purposes.� The Act applies to policies and contracts
issued or renewed after
Effective Date:�
Signed by the Governor on
For more information, please contact:�
Jim Kaufman
HB0627� Community
Health Care Access and Safety Net Act of 2005
The bill
attempts to improve access to health care services by providing operating and
capital grants to community health resources (CHR).� CHRs include federally qualified health
centers, community health centers, teaching clinics, a historic Maryland primary
care provider, and other centers or programs the new Maryland Community Health Resources Commission (CHRC)
identifies through regulation.� Several
provisions of the Act� are summarized
below.
Commission
Establishes
an 11 member CHRC as an independent commission within DHMH to increase access
to health care for lower-income individuals and
provide resources to community health resource centers around the State.� The Commission is charged with a number of
responsibilities aimed at strengthening the availability of the CHRs,
including: 1) developing criteria for awarding operating grants; 2)
establishing criteria for the services CHRs are to provide; and 3) studying
initiatives to assist the under- and uninsured in accessing health care
services through CHRs.
To
facilitate its work, there are four standing committees: the Committee on
Capital and Operational Funding; the Committee on Hospital and Community Health
Resources Relations; the Committee on School-Based Community Health Center
Expansion; and the Committee on Data Information Services.
In addition
to including a very broad array of community health resources eligible for
operating grants, funding preferences are provided for initiatives where CHRs
partner with hospitals to divert unnecessary hospital emergency department
visits by the under- and uninsured.
Funding
Initiatives
Funding for
the following initiatives (approximately $22 million)
is provided by CareFirst from the portion of the CareFirst premium tax
exemption that will no longer be needed to support the Senior Prescription Drug
Program once the Medicare Part D program becomes operational.
1)
Operating grants for CHRs;
2) Expansion of the
3)
Assistance in the development of a uniform data information system for CHRs.
Capital
Program
In addition
to the operating grants, the Administration's capital grant program for
federally qualified health centers is included in the enrolled bill.� For FY 2006 the Governor included $2.1
million in the capital budget for capital grants to seven federally qualified
health centers.� No amount is specified for
future year funding.
Senior
Prescription Drug Assistance Program
Incorporates
the provisions of HB 324 to recognize and accommodate the changes under
the federal Medicare Part D Program. Medicare Part D
beneficiaries with household incomes below 300% of the FPL will now be eligible
for State subsidies to cover their cost-sharing requirements under Part D up to
the "doughnut hole."
Hospital Financial Assistance Policies
Each hospital in the State must develop a financial assistance policy for providing
free and reduced care to low-income patients who lack health care coverage.� The HSCRC is required to develop a uniform
financial assistance application for use by hospitals.� The HSCRC is also required to report by
Medicaid
Eligibility System
Incorporates
the provisions of SB 895 (see below) to transfer up to $15 million in Maryland Health Insurance Program (MHIP) surplus to DHMH
for the design and development of computerized eligibility system for
the Medicaid program.
Task
Force
Establishes
a Joint Legislative Task Force on Universal Access to Quality and Affordable
Health Care, with a report due
Effective
Date:�
Signed by the Governor on
For more
information, please contact:� Jim Kaufman
HB0900� Children -
Records - Access by the Baltimore City Health Department
DJS and DHR
must disclose confidential records regarding children under their jurisdiction
upon the request of a local health department. The disclosure must concern a
child under treatment or care by the local health department, and the
disclosure must be for a related purpose.�
If the requested disclosure concerns a child victim of violence, the
purpose of the disclosure must be the development of appropriate programs and
policies intended to reduce violence against children.
The bill
provides that a local health department may review a confidential report of a
Child in Need of Assistance (CINA), the police record, court record, or
fingerprint record of a child if the local health department is providing
treatment or care to a child and the disclosure is related to that
purpose.� If the court record concerns a
child victim of a violent crime, the disclosure must be for the purpose of
developing appropriate programs and policies to reduce violence against
children.
Department of Public Safety and Correctional Services (DPSCS) is required
to provide to a local health department, upon request, information concerning a child victim of a violent
crime.� The local health department must
keep any information provided by DPSCS confidential and may only use the
information to develop programs and policies to reduce violence against children.
Effective
Date:�
For more
information, please contact:� Heather
Barthel
hb1143�
This
Chapter alters the eligibility criteria for the Maryland Pharmacy Discount Program
to include individuals who are not Medicare beneficiaries, who lack other
public or private prescription drug coverage, and who have an annual household
income below 200% of the FPL. It is contingent upon a waiver approval from the
Centers for Medicare and Medicaid Services.
Effective
Date:�
Signed by the Governor on
For more
information, please contact:� Jim Kaufman
HB1263�
The Act
requires DHMH and the MedBank Program to study the effects of participation in
MedBank along with the implementation of the new Medicare Part D prescription
drug benefit, the availability of the Maryland Pharmacy Discount Program to
uninsured individuals with an annual income below 200% of the FPL, and
MedBank’s efforts to minimize administrative expenses and reduce reliance
on public funds.� The report is due
before
Effective
Date:�
Signed by the Governor on
For more
information, please contact:� Jim Kaufman
HB1323� Task Force
to Study Lyme Disease
The statute establishes a task force to
study the prevalence of lyme disease and associated tick-borne illnesses, including identifying the areas of the State
where reports of Lyme Disease are most prevalent.� The task force is required to report its
findings and recommendations on issues regarding prevention, diagnosis, and
treatment of Lyme Disease to the General Assembly by
Effective
Date:�
For more
information, please contact:� Sheila
Higdon
HB1494� Task Force
to Study the Impact of Autoimmune Disease in
This Chapter establishes a task
force to study the impact of autoimmune disease in
Effective
Date:�
Signed by
the Governor on
For more information,
please contact:� Sheila Higdon
SB0247� Health
Care Decision Making Forms - Health Insurance Portability and Accountability
Act - Personal Representatives
This chapter clarifies that in accordance with the federal Health
Insurance and Portability and Accountabillity Act (HIPAA), a health care agent is a personal
representative and is entitled to request and receive protected health
information.� The Chapter also amends the existing Health Care Decision Making
Form, Living Will, and Advance Medical Directive Health Care Instructions forms
to be in accordance with HIPAA.
Effective
Date:�
Signed by the Governor on
For more
information, please contact:� Jim Kaufman
SB0251� Task Force
to Study Electronic Health Records
The Act
establishes a Task Force to Study Electronic Health Records and consists of 26
members, including:
1) one member of the Senate,
2) one member of the House,
3) Dean of the University of Maryland School of Medicine, or
designee
4) Dean of the Johns Hopkins University School of Medicine,
or designee
5) Director of the VA Maryland
Health Care System, or designee, and
6) One representative from each of
the following appointed by the Governor:
�
Department of Health and Mental Hygiene
�
Department of Budget Management
�
Federally Qualified
�
Medical Records Privacy Commission
�
Maryland/DC Collaborative for Healthcare Information Technology
�
Maryland Hospital Association (two representatives,
both from community hospitals)
�
Home health care
�
Medical laboratory
�
Nursing home or long-term care (two representatives)
�
Information technology field as it relates to health care
�
Health insurance industry
�
One non-hospital based physician with expertise in the
subject matter
�
Non-hospital based psychiatrist
�
Dentist
�
Nurse
�
Pharmacist, and
�
Consumer members (two)
The members
of the task force will elect a Chair from its
membership and DHMH will provide staff.�
The task force will be charged with studying electronic health
records and the current and potential expansion of electronic health record
utilization in the State, including:
1) electronic transfer
2) electronic prescribing
3) computerized physician order entry, and
4) the cost of implementation of items 1 through 3
5) the impact of current and potential expansion on school
health records, and
6) the impact of the current and potential expansion of
patient safety.
The task force will report its findings to the Governor
and General Assembly by
Effective
Date:�
Signed by the Governor on
For more
information, please contact:� Sheila
Higdon
SB0441� Task Force
on the Establishment of a Prescription Drug Repository Program
The Act
establishes a Task Force on a Prescription Drug Repository Program.� It is charged with
studying and making recommendations regarding the establishment of a
Prescription Drug Repository Program in the State including:
����������� • types of drugs
that may and may not be donated to the program
����������� • who may donate
drugs to the program
����������� • entities that may
receive drugs for distribution
����������� • standards and
procedures for accepting, storing and dispensing donated drugs
����������� • eligibility
requirements for individuals wishing to receive donated drugs
����������� • standards and
procedures for inspecting donated drugs
����������� • the appropriate
entity to operate the program
����������� • liability issues
����������� • fees, and
����������� • any other matter relating to
the establishment of the program
The task force report and recommendations are due for submission to the Governor and General
Assembly by
Effective
Date:�
Signed by the Governor on
For more
information, please contact:� Sheila
Hidgon
sb0690� Medical
Records - Authorized Disclosures - Compulsory Process
The Act
primarily alters the requirements for disclosing a medical record without the
authorization of the person in interest.�
A medical record must be disclosed by a health care provider if the
provider receives a written assurance from the the attorney representing the
party seeking the medical record that there is no objection
to the disclosure and 30 days have passed since the notice was sent, or the
objections were resolved and the disclosure request is in accordance with the
resolution.� They must also provide proof
that service of the subpoena, summons, warrant, or court order was waived by
the court for good cause or that copies of specified documents were sent to the
person whose medical records are being sought.
Effective
Date:�
For more
information, please contact:� Sheila
Higdon
SB0796� Medical
Decision Making Act of 2005
According
to this Act, a life partnership may be created between two individuals if: (1)
each individual is at least 18 years old; (2) the individuals are not related to one other 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 DHMH.
DHMH must
develop and distribute a Declaration of Life Partnership and a Notice of
Termination of Life Partnership forms. The forms must be distributed to each
county clerk and 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 Act. 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 and is
considered 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:�
For more
information, please contact:� Heather
Barthel
SB0885� Maintenance
Drug Prescriptions - Mail Order Purchase – Study
The Chapter
requires the Maryland Insurance Administration and the Maryland Health Care
Commission, in consultation with the Board of Pharmacy, to study the
utilization of mail order services for purchasing a 90-day supply of
maintenance drugs, the potential cost savings to consumers who elect to use
mail order services, and the financial impact of any increased utilization of mail
order services.� The report is due before
Effective
Date:�
Signed by the Governor on
For more
information, please contact:� Jim Kaufman
From the start of the
legislative session, health care facilities were bracing for legislation aimed
at additional regulatory constraints, particularly in light of the lab debacle
at
National efforts to require
the reporting of hospital acquired infections reached members of the Maryland
General Assembly, several of whom introduced bills on this issue.� The House bill, which was acceptable and
consistent with the planned reporting through the Maryland Health Care
Commission, passed its chamber.� Its
Senate companion bill was never voted on in committee, and consequently the
House bill met a similar fate in the Senate.���
Legislation was also
introduced that would have imposed unrealistic expectations on hospitals that
provide delegated credentialing for their practitioners. The bill met
considerable opposition and was killed in committee.
Listed below are
the bills that passed during the 2005 Maryland Legislative Session:
Hb0345� Health -
Hospital Summary Financial Statement - Physician Charges
This Act
requires hospitals to include on their summary
financial statement an accounting of �charges for services provided by a physician
that are not included in the total hospital charges and are billed separately.
Effective
Date:�
Signed by
the Governor on
For more
information, please contact:� Sheila
Higdon
HB0426� Freestanding
Medical Facilities - Licensing and Pilot Project
The Chapter
provides that a separate satellite emergency department location of an acute
care general hospital may be established without a certificate of need if: 1)
the satellite emergency department location is established by, and will operate
administratively as part of, an acute care general hospital; 2) the acute care
general hospital is part of a merged asset system with all of its existing
Maryland acute care general hospitals located in a single jurisdiction; 3) the
satellite emergency department location will operate in the same jurisdiction;
4) one or more of the existing acute care general hospitals in the merged asset
system has an emergency department volume of 75,000 or more visits for the 12
months ending June 30, 2004; 5) there are not more than five acute care general
hospitals in the jurisdiction; and 6) the capital expenditure to implement the
satellite emergency department location otherwise meets the requirements of the
subsection.
The Chapter
also amends the definition of “Hospital services” under �19-201 of
the Health – General article to include emergency department services
provided at a satellite location established by an acute care general hospital,
which for rate-setting purposes shall be
considered part of that hospital.� It
also amends the definition of “Hospital” to include a satellite
location, operated by an acute care general hospital, at which emergency
department services are provided, separate from the location at which overnight
care is rendered.
Effective
Date:�
For more
information, please contact:� Heather
Barthel
HB0565� Hospitals -
Bone Marrow Donation
This Act
amends current law by adding a provision that requires hospitals that offer
bone marrow transplant services to allow an individual to donate bone marrow to
any individual.� It also stipulates that
an individual may donate bone marrow to another individual if a licensed
physician determines, based on medical judgment, that the donation of the bone
marrow is in the best interest of the donee and there is no substantial risk of
medical injury to the donor.
Effective
Date:�
Signed by the Governor on
For more
information, please contact:� Sheila
Higdon
HB0928�
The statute
requires DHMH to notify the Howard County Health Officer when an application
for licensure or certification for a health facility or program that will serve
16 or more individuals is received.� In
turn, the County Health Officer is required to notify the County Council.
Effective
Date:�
Signed by
the Governor on
For more
information, please contact:� Sheila
Higdon
Sb0210� Department
of Health and Mental Hygiene - Federally Qualified Health Centers Grant Program
The Act
establishes the Federally Qualified Health Center (FQHC) grant program within
the DHMH.� The program will provide
grants for the conversion of public buildings, acquisition of existing buildings, renovations, or capital
equipping of FQHCs.�
The grant
application requires identifying the work to be
carried out by the grant, a statement listing the personnel employed at the
FQHC including remuneration, and a schedule of rates to be charged for services
rendered at the facility.� In addition,
any federal funds or other grants must be expended first, and the State grant
may not exceed 50% of the total project costs, excluding the federal
grants.� Language was also added
requiring the Governor beginning in FY 2007 and each year thereafter to include
an appropriation in the capital budget to support this program.
Effective
Date:�
Signed by the Governor on
For more
information, please contact:� Jim Kaufman
SB0269� Health -
This Act increases the number of individuals on the Maryland Health Care
Commission from 13 to 15, stipulating the following regarding the membership of
the Commission: 1) nine shall be individuals with no connection with the
management or policy of a health care provider or payor, and 2) the six
remaining members shall be: two physicians, two payors, one nursing home
administrator, and one nonphysician health care practitioner.
In
addition, the Governor shall assure that at least five members are residents of
different counties with a population of 300,000 or more, and at least three of
the members shall be residents of different counties with populations of less
than 300,000.� Of these three, at least
one shall be a resident of the
Effective
Date:�
Signed by the Governor on
For more
information, please contact:� Sheila
Higdon
SB0303� The Sara Hohne
Patient Protection Act
The Act
allows hospitals to discharge a patient to any of the following: 1) entirely,
2) to another level of care, treatment or services,
3) to different health care professionals, or 4) to settings for continued
services.� To facilitate discharge, the
hospital shall assess a patient's needs; plan for discharge or transfer;
facilitate the discharge or transfer process; give the patient or person
responsible for providing continuing care to the patient, written discharge
instructions in a form that the patient can understand; and help to ensure that
continuity of care, treatment, and services are maintained.� The Secretary may impose a civil money
penalty of no more than $10,000 for failure to comply, and a hospital may
appeal such a penalty.
Effective
Date:�
Signed by the Governor on
For more
information, please contact:� Sheila
Higdon
SB0782� Public Health - Child Abuse and
This Act establishes the Child Abuse and
Effective Date:�
Signed by the Governor on
For more information, please contact:�
Heather Barthel
Again this session, a bill was introduced to set nurse-to-patient staffing
ratios in acute-care facilities.�
Patterned after similar legislation enacted in
Legislation passed that
allows the Board of Nursing to issue temporary practice letters for nurse
practitioners and Certified
Registered Nurse Practitioner
(CRNPs) who are changing practices and whose formal approval of a new written
agreement has been submitted.� Two bills
addressing HIV exposure to health care workers also passed.� One bill amended current law regarding
testing of patients when an exposure to a health care worker has occurred,
specifically adding “public safety worker.”� The other bill allowed HIV testing on an
already obtained blood sample if a
patient has been involved in an HIV exposure with a health care worker and
refuses testing.
Legislation that changed the
name of the Commission on Nursing and made it permanent failed.� A bill to extend the timeframe for the report on the
legibility of prescriptions also passed.
The perennial issue of scope
of practice between ophthalmologists and optometrists
was at least temporarily resolved when both sides agreed to a compromise.� A bill that required the Board of Physicians
to develop and disseminate a document to all licensees regarding the most
recent diagnosis and treatment for Lyme Disease failed, primarily because it
would have set a precedent for the Board that is not consistent with its
charge.�� Individual pieces of
legislation that regulated pharmaceutical technicians, licensed
polysomnographers, and licensed cardiovascular technicians also failed.�
Listed below are
the bills that passed during the 2005 Maryland Legislative Session:
HB0233� Public
Health - Legibility of Prescriptions Workgroup – Reports
This Act
extends the time for the workgroup to complete its work on the study of
prescription legibility and requires that an interim report be submitted
Effective
Date:�
Signed by
the Governor on
For more
information, please contact:� Sheila
Higdon
HB0399� State
Board of Nursing - Miscellaneous Provisions
This
statute authorizes the Board of Nursing�
to issue temporary practice letters to nurse practitioners and nurse
midwives if they: 1) have been issued a�
temporary license and submitted a written agreement to the Board for
formal approval; 2) are authorized to practice as an
RN and submitted an initial written agreement to the Board for formal approval,
or 3) have had a written agreement approved by the Board, are changing practice
or locations, and have submitted a new written agreement for the new practice
or location.� The Board may issue such a
letter if the Board of Physicians (BOP) has received a written agreement
submitted for formal approval of the scope of practice for which the temporary
practice letter is requested, and the BOP has approved the issuance of the
temporary practice letter.
Effective Date:� Emergency Measure
(Effective upon enactment)
Signed by the Governor on
For more information, please contact:�
Sheila Higdon
HB0719� Health Occupations - State Board of Examiners in
Optometry - Scope of Practice
This Act alters the scope of practice for optometrists, authorizing an
optometrist who has successfully completed an 8-hour approved course to
administer or prescribe topical steroids in accordance with a practice protocol
established by the Board of Optometry.���
It also provides that an optometrist who has graduated on or after
On or before
By June 1, 2008, the State Board of Examiners in Optometry and the State
Board of Physicians shall each report to the Senate Education, Health and
Environmental Affairs� Committee and the
House Health and Government Operations Committee on issues related to the
practice of optometry related to this act and each shall suggest changes to
improve the quality of and access to care or to enhance the practice of
optometry in the State.
Effective
Date:�
Signed by the Governor on
For more
information, please contact:� Sheila
Higdon
SB0304� Health Occupations - Podiatrists - Scope of Practice
This statute adds osseous surgical procedures of the ankle in an ambulatory
surgical center to the scope of practice permitted by a podiatrist.�� It also requires a podiatrist who performs
an osseous surgical procedure of the ankle, arthrodesis of two or more tarsal
bones, or a complete tarsal osteotomy in a licensed ambulatory surgical center
to: 1) have current surgical privileges at a licensed hospital for the same
procedure, and 2) meet the requirements of the ambulatory surgical center.
Effective Date:�
Signed by the Governor on
For more information, please contact:�
Sheila Higdon
SB0321� Hospitals - HIV Testing - Public Safety Worker
Amending existing law, this Act adds "public safety worker" to
those individuals on whom a hospital's designated infectious
disease/communicable disease officer shall order a test for the presence of
antibodies of HIV.� Public safety worker
is defined as:� 1) any career or
volunteer member of a fire, rescue, or emergency medical services department, company, squad, or
auxiliary, 2) any law enforcement officer, and 3) the State Fire Marshal or a
sworn member of the State Fire Marshal's office.
Effective Date:�
Signed by the Governor on
For more information, please contact:�
Sheila Higdon
SB0718� Hospitals
- HIV Testing - Consent and Public Safety Workers
The Act
requires a hospital to order an HIV test if there has been an exposure between
a patient and a health care provider or between a patient and a first responder
before the patient is admitted to the hospital.�
A hospital is required to order a test if: 1) informed or substitute
consent of the patient to test a blood sample already obtained from the patient
was sought and the patient refused, and 2) the patient has been informed that
the hospital has the authority to test the sample without the patient's
consent.
Effective
Date:�
Signed by the Governor on
For more
information, please contact:� Sheila
Higdon
One bill passed by the
General Assembly this year -- the Fair Share Health
Care Fund Act -- has received national attention from news stations and talk
radio across the county.� While some say
the bill is representative of
Listed below are
the bills that passed during the 2005 Maryland Legislative Session:
HB0056� Consumer
Protection - Privacy of Social Security Numbers
This
statute prohibits certain disclosures of an individual’s Social Security number.� It
applies to health insurance policies and contracts issued, delivered, or
renewed on or after
Effective
Date:�
For more
information, please contact:� Heather
Barthel
HB0303� Health
Insurance - Mandated Benefits - Smoking Cessation Treatment�
The Chapter
requires insurers and HMOs to cover smoking cessation treatment including any
drug that is approved by the U.S. Food and Drug
Administration for cessation and obtained under a prescription.� Two 90 day courses of treatment during each
policy year are authorized by this Act.�
The Act exempts coverage for over–the counter cessation drugs.
Effective
Date:�
Signed by the Governor on
For more
information, please contact:� Jim Kaufman
HB1017� Joint
Legislative Task Force on Small Group Market Health Insurance
The Chapter
creates a six-member Joint Legislative Task
Force on Small Group Market Insurance.�
The task force will study and recommend the use of health status as a
risk factor for rate adjustment, as well as the
amount of permissible variation in the community rate, expanding the range of
products, the medical loss ratio according to group size, and the number of
employers offering the Limited Benefit Plan.
Effective
Date:�
Signed by the Governor on
For more
information, please contact:� Jim Kaufman
HB1091� Health
Insurance - Prohibition Against Reunderwriting
The Act
prohibits a health insurance carrier from re-underwriting an individual for
health coverage after the individual contract has been issued.� “Re-underwrite” means to
re-evaluate any health status-related factor,
occupation, hobby, or activity of any individual for the purpose of terminating
health coverage or moving the individual to a less favorable rate class.� It does not include moving an individual from
one rate tier to another rate tier solely due to the addition or deletion of a
family member under the health coverage, increasing the premium under an
attained-age rate, or when an application is received from an enrollee to
increase the benefits under the existing contract.
Effective
Date:� Emergency Measure
Signed by the Governor on
For more
information, please contact:� Jim Kaufman
HB1287�
The Act
establishes the Maryland Rx Program to achieve savings on prescription drugs
for the State Employee and Retiree Health and Welfare Benefit Plan and any
local government or other qualifying agency that chooses to participate.� The Maryland Rx program must seek savings through a
preferred list of covered prescription drugs,
drug manufacturer rebates, negotiated
discounts, and other cost-saving measures.
Effective
Date:�
Signed by the Governor on
For more
information, please contact:� Heaher
Barthel
HB1597� Health
Insurance - Payment of Claims for Reimbursement - Erroneous Denial of
Provider's Claim
The Act
requires that if a health insurance carrier erroneously denies a reimbursement
claim because of a claims processing error, and the provider notifies the
carrier within one year of the claim denial, the carrier is require to
reprocess the claim without regard to timely submission deadlines.
Effective
Date:�
Signed by
the Governor on
For more
information, please contact:� Jim Kaufman
SB0191� Medicare
Supplement Plan A Policies - Individuals With a Disability – Rates
The Act prohibits
a carrier that offers a Medicare supplemental policy from charging a different rate to medicare-eligible individuals who are
under the age of 65 but are eligible for Medicare more than the average of
the premiums paid by all policy holders age 65 and older in the State who are covered under the same plan.� A carrier is also prohibited from denying or
making a condition of issuance of a Supplement Plan A because of health status,
claims experience, or medical condition.�
In addition, the Insurance Administration will conduct a study on the
availability and affordability of all Medicare supplemental policies in the
State.� The report is due before
Effective
Date:�
Signed by the Governor on
For more
information, please contact:� Jim Kaufman
SB0300� Reimbursement
of Health Care Providers - Sunset Repeal
This Act
repeals the sunset on the requirement that HMOs pay non-participating providers
the greater of 125% of the HMO rate for the same service or the rate paid by
the HMO as published by the Centers for Medicare and Medicaid services.� In addition, the Act removes the sunset for
the requirement that HMOs pay non-contracting trauma providers the greater of
140% of Medicare or the HMO for the same services.
Effective
Date:�
Signed by the Governor on
For more
information, please contact:� Jim Kaufman
SB0333 Health
Insurance - Treatment of Morbid Obesity
The Chapter repeals the
Effective Date:�
Signed by the Governor on
For more information, please contact:�
Sheila Higdon
SB0521 �Health Insurance - High-Deductible Health Plans -
Prohibition on Deductible – Exception�
The Act
creates an exception from current law that allows a carrier or HMO to charge
co-payments or coinsurance for home visits for a mother and newborn.� However, language was added stating that if
the mother is enrolled in a high deductible plan, the enrollee is subject to
the deductible.
Effective
Date:� Emergency Measure
For more
information, please contact:� Jim Kaufman
SB0772� Health
Insurance - Substance Abuse Treatment – Copayments
The Chapter
prohibits a health insurance carrier from charging a co-payment that is greater
than 50% of the daily cost for Methadone maintenance treatment.
Effective
Date:� Emergency Measure
Signed by the Governor on
For more
information, please contact:� Jim Kaufman
sb0779� Health
Insurance - Human Papillomavirus Screening Test – Coverage
The Act
requires insurers and non-profit health
service plans to provide coverage for a human papillomavirus screening test at
the testing intervals outlined for cervical cytology screening by the
Effective
Date:�
Signed by the Governor on
For more
information, please contact:� Sheila
Higdon
SB0790� Fair Share Health Care Fund Act
The Act creates the Fair Share Health Care Fund, which requires for-profit
and non-profit organizations with more than 10,000 employees in the State to
spend a fixed percentage of their payroll on�
employee health care.� The Act
requires that beginning on
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 percentage listed above and the actual
amount paid during the previous calendar year.�
The Act also specifies that an employer may not reduce an
employee’s wages to reflect the costs paid to the Fair Share Health Care
Fund.
In
addition, the Act requires that beginning on March 15, 2007 and annually
thereafter the Secretary of Labor shall report to the Governor and General
Assembly on: 1) the name of each non-profit and for-profit employer with more
than 10,000 employees in the State, 2) the employer’s definition of
full-time and part-time employee, 3) the number of full-time and part-time
employees, 4) the number of full-time and part-time employees who are eligible
to receive health benefits, and 5) the number of full-time and part-time
employees who are receiving health benefits from the employer.
Effective
Date:�
For more
information, please contact:� Jim Kaufman
SB1014� Health
Insurance - Small Group Market - Self-Employed Individuals
The Act
prohibits a self-employed or sole proprietorship from seeking health insurance
coverage from the small group market.�
However, language was added stating that an individual who is enrolled
before
Effective
Date:�
Signed by the Governor on
For more
information, please contact:� Jim Kaufman
A number of bills were
introduced regarding the oversight of nursing homes and assisted living
facilities.� A bill that required
assisted living programs to have emergency electrical power generators and
automated external defibrillators died in the Senate Finance Committee. Another
bill that sought to create three categories of assisted living facilities
– adult home care, residential care homes,
and assisted living facilities – also did not pass, but will likely be reintroduced next
session.� A bill that would have required
hospitals and long-term care facilities to immediately report
every resident’s death to the medical examiner did not pass, nor did a
bill that would have allowed DHMH to use undercover patients to conduct unannounced
quality assurance surveys in nursing homes.
Listed below are
the bills that passed during the 2005 Maryland Legislative Session:
HB0688 �Nursing
Homes - Family Council - Administrative Functions
This Act
amends current statute by authorizing a nursing home to assist in the
administrative functions of operating a family council, upon the written
request of the council.
Effective
Date:�
Signed by
the Governor on
For more
information, please contact:� Sheila Higdon
HB1047 �Nursing
Facility Conversion Grant Program
The Act
establishes the Nursing Facility Conversion Grant Program and authorizes the
Board of Public Works, on the recommendation of the Secretary of DHMH to
provide grants to counties, municipal corporations, and non-profit organizations to convert
nursing facility beds to other health-care
services.
Effective
Date:�
Signed by the Governor on
For more
information, please contact:� Sheila
Higdon
SB0265� Assisted Living Programs - Criteria for Requiring
Manager Training
The statute amends current law regarding training and continuing education
requirements for managers of assisted living programs, requiring that managers
of facilities with five or more beds to complete the training that is now
required of managers of facilities with 17 or more beds.
Effective Date:�
Signed by the Governor on
For more
information, please contact:� Sheila
Higdon
SB0701� Nursing Homes
and Assisted Living Facilities - Quality of Care Oversight�
The Act
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 and will be
staffed by the Department of Human Resources.� One member of the Senate Finance Committee,
one member of the Senate Education, Health & Environmental Affairs
Committee, and two members of the House Health and Government Operations
Committee shall serve on the Committee.�
One representative each from the Departments of Human Resources, Aging,
and Health and Mental Hygiene will also serve, as will a representative from
DHMH's Mental Hygiene Administration.�
Representatives of the following organizations will also serve:�
1) Three from area agencies on
aging, including one member of a local long-term care ombudsman program
2) HFAM
3) LifeSpan
4) Hospice
network
5)
6) Service Employees
International
7)
8) United
Seniors of
9) Voices
for Quality Care
10) Mental Health Association individual member representative
knowledgeable in elder issues
11) Greater
12) three
from the assisted living industry.
Three
consumers, one of whom lives in an assisted living facility, will also be on
the Committee. The committee will be charged with evaluating the progress in
improving the quality of nursing home care quality
and assisted living facility care statewide, including the standards for the
identification of the onset of dementia and Alzheimer's Disease, and the
standards for the identification of conditions appropriate for hospice
services.
The Oversight Committee will consider the findings and recommendations of
the Office of Health Care Quality on the status of quality of care in nursing
homes and assisted living facilities, and a report from the Deputy Secretary of
Health Care Financing on the status of the Medicaid Nursing Home Reimbursement
System.� The Oversight Committee will
report to the Governor
and General Assembly by December 1 annually.
Effective
Date:
For more
information, please contact:� Sheila
Higdon
The Medicaid and
Children’s Health Insurance Program (CHIP) budget continues to be one of
the fastest-growing sections of State spending, surpassing the $4 billion level in
FY 2006.� Medicaid alone now consumes
more than 16% of the total budget, and from FY 1998 to 2004 the average annual
growth in this program was 9.6%.���
In addition to the cost-containment actions included in the FY 2006
Medicaid budget as introduced by the Governor, the General Assembly adopted
additional cuts including:
�
$18.5 million
reduction for physician fee increases, which were fully-funded by an alternate
funding source
�
$300,000
reduction in the MedBank program
�
$23 million
reduction from the CY 2006 rate increase for Managed Care Organizations (MCOs)
(this action is consistent with previous practices that fund MCO rate increases
as a deficiency appropriation).
Additionally, the following language was adopted:
�
Requiring DHMH
to submit actuarial certification of the sufficiency of the revised MCO
capitation rates prior to submitting regulations to the Administrative,
Executive, and Legislative Review Committee (AELR) altering the capitation
rates to reflect reductions assumed in the FY 2006 budget
�
Restricting $3.5
million for the purchase of case management services for individuals who
receive care in the Rare and Expensive Case Management Program
�
Restricting $8
million until DHMH adopts and implements a quality control program for MCOs.
While the General Assembly passed legislation addressing MCO quality (see
Medical Loss Ratio section) that supersedes the budget language, the language
restricting the funds was not removed from the budget
�
Allocating $1.5
million for Medicaid coverage for pregnant women who are legal immigrants but
do not qualify for full Medicaid benefits
�
Restricting $433
million for future payments to nursing homes.�
The language is an attempt by the budget
committees to partially restore the reduction in nursing homes’ budgets
included in the base budget
�
Exempting
atypical antipsychotic medications from prior authorization requirements, with
the exception of those medications provided by managed care organizations
�
Requiring
FY 2006 to be the final year DHMH may use hospital day limits as a cost- containment measure.
After extensive discussions
regarding MCOs’ use of hospital-based
teaching clinics, the General Assembly adopted language requiring DHMH, in
consultation with the Department of Legislative Services, the Maryland Hospital
Association, the academic health centers (AHCs), the Health Services Cost
Review Commission (HSCRC), and MCOs to study the impact of using� AHCs in the HealthChoice program.� The study shall:
�
determine
whether there are financial disincentives regarding the use of AHCs or their
affiliated hospital-based clinics
�
examine
whether the State should continue to
ensure access to AHC clinics
�
consider the
current relationship between MCOs and AHCs
�
include an
analysis of the potential implications of a reimbursement methodology for hospital-based clinics similar to that used for federally
qualified health centers, and
�
include
options, if indicated, to assist the AHCs outside of the MCO rate-setting
process.
In addition, the language
states that the HSCRC shall consider the findings and recommendations of the
report prior to making any determination regarding MCOs.� The report, which is due
The General Assembly also
adopted legislation that addresses the Medicaid
medical loss ratio (MLR).� The bill
retains the 85% MLR, but allows an MCO sanctioned under a violation of the
minimum MLR to appeal the decision of the Secretary.� In addition, before DHMH may levy a sanction,
regulations are required to establish a standardized definition of MLR to be
used by all MCOs, procedures for reviewing an MCO’s financial performance
beyond one year, standard data collection and reporting requirements,
and the conditions under which the Secretary may levy the sanction.� Finally, the bill prevents DHMH from altering
the current quality initiatives unless the revised performance measures are
adopted by regulations and revised targets for the measures are provided to the
MCOs at least three months prior to implementation.� This language supersedes language currently
included in the FY 2006 operating budget that requires DHMH to withhold 0.5% of
the MCOs’ capitation rates and use these funds as incentive payments at
the end of the year.
Listed below are
the bills that passed during the 2005 Maryland Legislative Session:
HB0085�
The Chapter
maintains the 85% medical loss ratio (MLR), but adds language stating that if
the Secretary should adjust the rates to any MCO for failure to achieve the 85%
MLR, the MCO may appeal that decision to the Board of Review and take any
further appeal allowed by the Administrative Procedure Act.� Prior to the implementation of a rate
adjustment, the Secretary is required to adopt regulations establishing the
definition of "loss ratio,” procedures
to consider the MCO's financial performance in prior periods, standard data
collection and reporting requirements, and a mechanism for and the conditions under
which a rate adjustment may be made.
In
addition, the Act states that the Department may modify or replace the Value
Based Purchasing Initiative, but any changes to the core set of performance
measures and the methodology for penalties and rewards must be adopted by
regulation prior to the calendar year for which the MCOs will be held
accountable.� The MCOs will receive the
core set of performance measures and their targets at least
three months prior to the calendar year in which they will be used, and any penalty or capitation adjustment
imposed under this section may not be implemented by a means of withholding a capitation payment.
For CY 2005, the
Department may modify the ranges or targets of the core set of performance
measures, but the amounts of financial rewards shall be calculated using the
Value Based Purchasing Initiative in effect on
Effective
Date:�
Signed by the Governor on 4/26/05.; Chapter #193.
For more
information, please contact:� Jim Kaufman
HB0990� Benefits
and Services for Individuals Who Are Incarcerated or Institutionalized
This
Chapter requires DHMH to suspend Medical Assistance benefits for individuals
who are incarcerated or who are admitted to an institution for the treatment of
mental disease.� However, the Department
may not terminate benefits for these individuals.
Effective
Date:�
Signed by
the Governor on
For more
information, please contact:� Jim Kaufman
SB0895� Department
of Health and Mental Hygiene -
The Chapter
allows the Maryland Health Insurance Program (MHIP) to transfer up to $15
million in FY 2006 to the Major Information Technology Development Project Fund
for the development of a computerized eligibility system for the Medicaid
Program.� The system will enroll eligible
individuals, refer eligible individuals to MHIP,
and make referrals to other State and federal
programs providing inpatient hospitalization for uninsured patients.�
The Chapter
requires that before an RFP is issued, MHIP must submit a report to DHMH that
will enumerate the specifications of the new system, demonstrate how the system
will be more efficient and effective than the current system, and estimate the
reduction on hospital uncompensated care.�
The new system will take effect when
the federal Centers for Medicare and Medicaid Services approve a waiver
regarding the proposed funding of the computer system.
Effective
Date:�
Signed by the Governor on
For more
information, please contact:� Jim Kaufman
Several significant bills
pertaining to mental health were introduced but ultimately did not pass this session.� One of the bills proposed a wide variety
of additional requirements relating to a mentally ill individual’s
prescription medications, emergency evaluations, admissions, judicial proceedings,
involuntary admissions and their clinical reviews, and social worker
consults.� Another bill attempted to
impose an additional level of oversight within the Mental Hygiene
Administration.� Both were defeated in
committee.� Other bills attempted to
protect patient confidentiality by imposing a new certificate of notice
informing patients that disclosure of their medical records was being sought
and that they have a right to file a motion to quash or a motion for a
protective order against the Health Professional Licensing Board’s
subpoena.� The bill received an
unfavorable report by the House Health and Government Operations Committee once
it crossed over from the Senate.
Listed below are
the bills that passed during the 2005 Maryland Legislative Session:
HB1273� Task Force
on the Needs of Persons with Co-Occurring Mental Health and Substance Use
Disorders - Termination Date Extension and Modifications�
This Act
alters the composition and number of members on the renamed Task Force on the
Needs of Persons with Co-Occurring Mental Health and Substance
Use Disorders created in 2003 and modifies existing study and reporting
requirements.� It extends the life of the
task force until
Effective
Date:�
Signed by the Governor on
For more
information, please contact:� Sheila
Hidgon
SB0163 Refusal of Psychiatric Medication - Clinical Review Panel
This Act
repeals the
Effective
Date:�
Signed by
the Governor on
For more
information, please contact:� Sheila
Higdon
SB0544� Joint Committee on Access to Mental Health Services -
Establishment, Membership, and Duties�
The Act establishes the Joint Committee on Access to Mental Health
Services in order to monitor access to public mental services for eligible
individuals and medically necessary mental health services for individuals
covered by private insurance.� The
Committee shall submit an annual report to the Governor and the General
Assembly regarding the systemic barriers to accessing mental health services
and make recommendations to mitigate these barriers.
Membership will consist of eight members of the Maryland General Assembly;
four senators appointed by the President of the Senate, and four delegates
appointed by the Speaker of the House.�
Two of the senators shall be members of the Senate Finance Committee
and two shall be members of the� Senate
Budget and Taxation Committee.� Two of
the delegates shall be members of the House Health and Government Operations
Committee, one member of the House Appropriations Committee and one member of
the� House Economic Matters
Committee.� Each of the presiding
officers shall select a committee co-chair from their respective chambers.
Effective Date:�
Signed by the Governor on
For more
information, please contact:� Sheila
Higdon
Public and Environmental
Health������
Several pieces of
legislation were introduced during the 2005 Session that focused on key
concerns related to public and environmental health issues,
such as gun and tobacco control, obesity, immunization, and vehicle passenger
safety, among others.
In an effort to ensure that
lead hazard reductions are properly performed by owners of affected properties,
HB 1155 was passed.� This bill prevents
property owners from hiring a relative to perform required inspections or
lead-contaminated dust testing.� Another
bill seeks to mitigate the hazards of lead
paint.� It reduced the elevated
blood lead levels which trigger a corrective action, expanded the scope of
affected properties to include exterior structures such as play ground
equipment and benches, and strengthened the Maryland Department of the Environment’s (MDE) authority
to enforce the standards.� The bill
passed with unanimous support in both the House and Senate.
Gun and Tobacco Control
Legislation sought to reduce
the use of assault weapons by enhancing incarceration periods for individuals
convicted of using an assault rifle or a copycat weapon in the commission of a
felony or crime of violence.� Gun control legislation is always highly controversial and,
although it received a hearing in the Senate Education, Health, and
Environmental Affairs Committee in February, the committee never voted on the
bill.
Another bill
that did not pass was an effort to further restrict where people are allowed to
smoke.� It would have prohibited indoor
smoking in all workplaces, including bars
and restaurants, in order to protect the citizens of
In an effort to reduce the
development and subsequent detrimental consequences of obesity among
Several bills were
introduced this year pertaining to vaccine safety and control.� HB 267, which extends the sunset date of the Statewide
Advisory Commission on Immunizations until 2008, was passed.
A number of
other bills pertaining to immunization were defeated.� One would have prohibited the vaccination/injection
of any product that contains any level of mercury or any other heavy metal into
an individual under the age of three or into a woman known to be pregnant.� Another would have permitted any individual
or individual’s guardian to refuse vaccination for the sole reason of
conscience.� In addition, the State would
be prohibited from enforcing immunizations even in the event of an epidemic
emergency.� Another bill would have
encouraged more wide spread use of a new bacterial meningitis vaccine by
providing education materials to parents of K-12 students, profiling the
vaccine and the dangers of bacterial meningitis.�
Several vehicle safety bills
were introduced this year.� One bill (SB 57) passed
that prohibits the use of a wireless communication device by a driver with a
learner's permit or provisional license, passed. The
bill restricts a minor for the first 151 days of his or her provisional
license from driving with passengers under the age of 18, unless the passengers
are legally related to the licensee or the licensee is accompanied in the car
by an licensed adult at least 21 years old.
Significant among defeated
bills pertaining to vehicle passenger safety legislation was one that would have exempted drivers
and riders of motorcycles from protective headgear requirements.� Exceptions would have included operators aged
21 or older who have been licensed to ride a motorcycle for at least two years
and operators aged 21 or older who have completed an approved motorcycle safety
course.� A bill that required the Motor
Vehicle Administration (MVA) to make publicly available a list of all approved
protective headgear and eye-protective devices for motorcyclists was also
defeated.� Another
bill that was defeated expanded the application of the mandatory seat
belt law by requiring motor vehicle passengers at least 16 years old to be
restrained by a seat belt in any seat of the vehicle.
There were multiple bills
introduced this session concerning Methyl Tertiary Butyl Ether (MTBE), a gasoline additive, in response to the contamination in
Delegate Dan Morhaim for
several years has introduced legislation attempting to address the problem of disposal of obsolete computers.� This session he was successful in shepherding
a pilot computer recycling program through the legislature.� This will assist in preventing the estimated
315 million obsolete computers in the
Listed below are
the bills that passed during the 2005 Maryland Legislative Session:
hb0083� Environment - Brominated Flame Retardants -
Pentabrominated and Octabrominated Diphenyl Ether – Prohibition
This statute establishes prohibitions and requirements relating to the
sale, use, and distribution of products and product components containing
“brominated flame retardants” (BFRs).� Beginning
Effective Date:�
For more information, please contact:�
Heather Barthel
HB0251� Waste Management Administration - Lead Poisoning
Prevention
This Act: 1) reduces the elevated blood level (EBL) that triggers
notification by local health departments, lead hazard requirements, and
compensation to children for medical care and relocation; 2) strengthens
enforcement authority by eliminating the 20 day grace period for violations,
thereby authorizing MDE to seek immediate administrative penalties; 3) expands
current law to include exterior structures such as playground equipment and
benches, making such structures subject to the risk reduction, liability
protection, and other provisions of the Reduction of Lead Risk in Housing
subtitle; 4) provides for automatic waivers from risk reduction requirements during
the winter months, except under specified conditions; 5) establishes a
transition period for meeting the risk reduction requirements for owners who
acquire specified noncompliant properties; 6) provides that a rental property
owner who receives a notice of defect or notice of EBL is only obligated to
satisfy the modified risk reduction standard once for the same triggering
event; and 7) modifies the provision exempting specified property from the risk
reduction standards by requiring that the inspection report state that all
interior and exterior surfaces are lead-free.
Effective Date:�
Signed by the Governor on
For more information, please contact:�
Heather Barthel
HB0267� Statewide Advisory Commission on Immunizations
The Statewide Advisory Commission on Immunizations is charged with: 1)
determining where community vaccine shortages exist and which vaccines are in
short supply; 2) developing recommendation plans to equitably distribute
vaccines; and 3) studying and making recommendations about other
vaccine-related issues.� The statute
delays the sunset date of the Statewide Advisory Commission on Immunizations
for three years from
Effective Date:�
Signed by the Governor on
For more information, please contact:�
Sheila Higdon
HB0355� Nontransient Noncommunity Water Systems - Methyl
Tertiary Butyl Ether – Testing
The Act requires nontransient noncommunity water systems, including those
that primarily provide bottled water, to test, not less than once per year, the
water provided by the system for the presence of MTBE and report the findings
to MDE.� If the level of MTBE in the
testing sample meets or exceeds 20 parts per billion, the water system must
notify persons regularly served by the system.
Effective Date:�
For more information, please contact:�
Heather Barthel
HB0415� Natural Resources - Program Open Space Funds -
Transfer to
This Act increases the amount of Program Open Space (POS) funding, from $1
million to up to $3 million, which is authorized to be transferred to the
Maryland Heritage Areas Authority (MHAA) Financing Fund within the Department
of Housing and Community Development (DHCD).�
By
Effective Date:�
Signed by the Governor on
For more information, please contact:�
Heather Barthel
HB0373� Environment - Methyl Tertiary Butyl Ether - Clean
Gasoline Alternatives – Report
This statute requires MDE to request that the
U.S. Environmental Protection Agency take prompt action to waive federal requirements
that reformulated gasoline (which contains minimum oxygen content in accordance
with the provisions of the 1990 amendments to the Clean Air Act) be sold in the
State.� It also requires that on or
before
Effective Date:�
For more information, please contact:�
Heather Barthel
HB0374� Oil Discharge - Groundwater Contamination –
Notification
The Act requires that when an oil spill occurs, MDE must notify property
owners located within one-half mile of a site found to be contaminated with
MTBE at a level of 20 parts per billion or higher.� Included in the notification will be
information on the amount of MTBE contamination at the site, the actions MDE is
taking to address the contamination, and the actions that the property owner
should take to protect health and property.�
It also requires the person responsible for a specified oil spillage to
be liable for the costs to MDE for providing this notice.
Effective Date:�
For more information, please contact:�
Heather Barthel
HB0434� Health General - Diseases Required to be Reported by
Medical Laboratories - Creutzfeldt-Jakob Disease
The Act adds Creutzfeldt-Jacob Disease (CJD) to a list of diseases and
conditions that medical laboratories must report to specified agencies. CJD is
a rare, degenerative brain disorder and there have been concerns that bovine
spongiform encephalopathy (Mad Cow Disease), may be associated with CJD.
Effective Date:�
Signed by the Governor on
For more information, please contact:�
Sheila Higdon
HB0575� Environment - Statewide Computer Recycling Pilot
Program
This Chapter establishes the Statewide Computer Recycling Program in �
9-1727 of the Environment Article.� On or
after
A certification granted or renewed is valid for two years.� Prior to the expiration of the certification,
a manufacturer may apply to MDE for a certification renewal.� The application for renewal shall include
details of the manufacturer's implementation of the original environmental
compliance plan.� The Chapter establishes
a State computer recycling fee, which.shall be in effect on or before
A retailer who submits a timely accounting of the fees collected and paid
is allowed a credit for the expense of administering the collection and payment
of the fees 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 Act establishes the Statewide Computer Recycling Fund.� The fund may be used only for costs incurred
in conducting 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:�
Signed by the Governor on
For more information, please contact:�
Heather Barthel
HB1155� Environment - Lead-Contaminated Dust Testing and
Inspections - Related Party
In an effort to ensure that lead hazard reductions are being properly
performed, this Act prohibits an owner of affected property from employing or
engaging a party related
to the owner to perform lead-contaminated dust testing or conduct inspections
required under the lead law.� MDE must
impose an administrative penalty of up to $25,000 on any person who violates
the prohibition.
Effective Date:�
Signed by the Governor on
For more information, please contact:�
Heather Barthel
SB0050� Motor Vehicles - Learners' Permits and Provisional
Licenses - Prohibition on Use of a Wireless Communication Device While Driving�
This Act prohibits a provisional license holder and the holder of a
learner's instructional permit who is under 18 years old from using a wireless
communication device such as a cell phone while operating a motor vehicle.� The prohibition does not apply if the
licensee or permit holder uses a wireless communication device in an emergency
to contact a 911 system while driving.�
If the Moter Vehicle Administration (MVA) receives satisfactory evidence
of a violation, the MVA may suspend or revoke the individual’s driver's
license.
Effective Date:�
For more information, please contact:�
Heather Barthel
SB0057� Vehicle Laws - Minor Holding Provisional Driver's
License - Prohibition Against Minors as Passengers
The Chapter requires the MVA to impose a restriction prohibiting
provisional driver’s license holders younger than 18-years-old, from
driving a motor vehicle with a passenger younger than 18 until the 151st day
after the provisional� license has been
issued unless the provisional licensee is accompanied by and under the
immediate supervision of an individual who: 1) is at least 21 years old, 2) has
been licensed to drive a vehicle of the same class for at least three years in
Maryland or another state, and 3) is seated beside the holder of the
provisional license.� This prohibition
does not apply to a passenger who is legally related to the licensee (e.g.
spouse, child, stepchild, sibling, stepsibling, or other relative who resides
at the same address as the licensee).� A
police officer may only enforce this provision as a secondary violation (i.e.
it cannot be the primary cause for stopping a motorist.)� A violation of this restriction is considered
a moving violation for which, if convicted, the MVA may suspend or revoke the
driver's provisional license.
Effective Date:�
For more information, please contact:�
Heather Barthel
SB0129 �Energy Assistance Program Act
This departmental bill updates the Department of Human Resources’
Energy Assistance and Information Program Act to reflect current titles,
criteria, and administrative authority. The bill renames the Act the Energy
Assistance Program Act and expands who is served to include low-income
households with children. It identifies the Community Services
Administration’s Office of Home Energy Programs (OHEP) as the program
administrator. An energy emergency is redefined as a lack of fuel or the
imminent discontinuation of energy services supplied by a fuel or utility
vendor that will endanger health, safety, or welfare. The bill repeals a
reference regarding the transfer of an employee of the Maryland Office of
Economic Opportunity (the office previously responsible for this program) to
the State Personnel Management System.
Effective Date:�
Signed by the Governor on
For more information, please contact:�
Heather Barthel
SB0233 �Education - Physical Education Director
This Act requires the Maryland State Department of Education to employ a full-time
director of physical education.
Effective Date:�
For more information, please contact:�
Heather Barthel
SB0473� Student Health Promotion Act of 2005
In an effort to reduce the development and consequences of obesity, the
Act requires county boards of education to: 1) include in health education
curricula material emphasizing the importance of physical activity in
maintaining good health and 2) require the use of timing devices on all vending
machines to automatically provide or allow access in accordance with the county
school board's nutrition policy.
Effective Date:�
Signed by the Governor on
For more information, please contact:�
Heather Barthel
After five bills regarding
stem cell research were introduced followed by
more than 12 hours of public testimony, including comments from three
researchers from Johns Hopkins, ultimately no stem cell legislation passed this
session.
While
bills attempting to restrict embryonic stem cell research failed, four
committees of the General Assembly recommended passage of legislation providing
State support for stem cell research.�
However, the two chambers took different directions on the legislation.� The House bill provided $23 million for
embryonic stem cell research and $2 million for
prostate cancer programs, and adopted language requiring the scientific peer
review committee to be open to the public.�
Meanwhile the two Senate committees with jurisdiction over the stem cell
bill also took different directions.� The
Senate Education, Health, and Environmental Affairs Committee redirected $25
million from the Cigarette Restitution Fund to support embryonic stem cell
research.� However, the Senate Budget and
Taxation Committee expressed concern with creating additional CRF funding
requirements.� The committee subsequently
removed the provision that the Governor must provide funding for this research
and instead allowed the Governor to decide if and how much to provide for these
efforts.
Rumors abounded that the
General Assembly would end the session with deliberations on State funding of stem cell research and a filibuster
on the Senate floor during the final hours of the session.� Though President Miller did not allow the
bill to come to the floor sooner because the proponents were unable to secure
29 votes to end a threatened filibuster, it was widely speculated that he was
planning to use the stem cell filibuster to tie up some of the Administration’s
legislative proposals.� Although the stem
cell bill was on the Senate agenda for the final hours of session, it was never
brought to the floor.
Stem
cell legislation received most of the research-focused attention during the
session, but it was not the only research issue legislators confronted.� In response to the Consumer’s Union ’s grassroots efforts, members of the House
and Senate introduced bills that attempted to further regulate the reporting of
clinical trials.� Both bills were
inconsistent with federal reporting requirements and would have imposed
separate regulations on Maryland
While there were a number of
medical liability reform bills introduced during the 2005 session, ultimately
no further significant tort reform passed.�
SB 836, the corrective bill to HB 2 of the special session, passed.� Amendments were introduced on the floor of
each house attempting to add additional tort reform.� However, all of the amendments failed, and the bill passed by a wide margin on both sides, 42 - 4 in the Senate and 130 - 3 in
the House.� This bill was an emergency
measure and, since it passed by more than the required three-fifths majority
and the Governor had not acted on the bill by March 31, the bill became
effective without his signature.� This
bill was important to
Additionally, the House
Judiciary Committee passed legislation, sponsored by Delegate Bobby
Zirkin.� The committee amended the bill
to include a number of additional reform measures,
such as enhanced apology protection, mandatory remittitur, mandatory neutral
expert witness, bad faith venue, and additional insurance reform.� The bill also provided for a summer task force
charged with studying structured judgments, limited immunity for emergency
department providers, a no-fault birth-related
neurological injury fund, and additional insurance reform.� The bill passed the full House of Delegates
just before the crossover deadline.�
However, it was referred to the Senate Rules Committee, where it remained and was never acted on.
Listed below are
the bills that passed during the 2005 Maryland Legislative Session:
HB0404 �Courts - Certificate
of Merit - Licensed Professional�
This Act
amends �3-2C of the Courts and Judicial Proceedings Article - Malpractice
Claims Against Licensed Professionals.�
The definition of a "Claim" is modified by adding that it is
not only an action filed against the licensed professional but also if it is
filed against the employer of a licensed professional.
Effective
Date:�
For more
information, please contact:� Heather
Barthel
HB0829� Civil Actions
- Defenses - Sales of Food, Drugs, Cosmetics, and Other Health-Related Products
This
statute adds to � 21-1114 of the Health – General Article.� In any action brought under � 11-209 of the
Commercial Law Article, a person that sells, distributes, or otherwise disposes
any drug, medicine, cosmetic, food, food additive, commercial feed, or medical
device may not assert as a defense that the person did not deal directly with
the plaintiff and may prove, as a partial or complete defense against a damage
claim, in order to avoid duplicative liability, that all or any part of an
alleged overcharge ultimately was passed on to another person by a purchaser or
seller in the chain of manufacture, production, or distribution who paid the
alleged overcharge.
The statute
also adds to the Commercial Law Article by stating that the Attorney General
may bring an action on behalf of the State or any of its political subdivisions
“or as parens patriae on behalf of persons residing in the State” to recover damages.� An action brought by the Attorney General as
parens patriae is superior to any class action brought on behalf of the same
person.
Effective
Date:�
Signed by the Governor on
For more
information, please contact:� Heather
Barthel
HB0836�
This Act
amends �12-107 of the State Government Article, the definition of
"structured settlement" to include the payment of a settlement or a
judgment.� Current law provides only for the
payment of a judgment.
Effective
Date:�
For more
information, please contact:� Heather
Barthel
Sb0836�
This emergency
bill makes substantive and technical changes to HB 2 - Maryland Patients’
Access to Quality Health Care Act of 2004 (adopted during the special
session).� The Chapter adjusts the
actuarially soundness test for the MCOs capitation payments to include expenses
and taxes, allowed under federal law, that are incurred by MCOs in providing
care.� In addition to this change, the
effective date of the MCO tax was moved from
FY 2005 -
$3.5 million for Medicaid
FY 2006 -
$52 million to the Rate Stabilization Account and $30 million for Medicaid
FY 2007 -
$45 million for the Rate Stabilization Account and $45 million for Medicaid
FY 2008 -
$35 million for the Rate Stabilization Account and $65 million for Medicaid
FY 2009 -
$25 million for the Rate Stabilization Account and the remainder to Medicaid
FY 2010 and
thereafter, the entire amount is dedicated to Medicaid
The Chapter
clarifies that the purpose of the fund is to retain health care providers by
allowing liability insurers to charge lower rates, increase the fee for service rates paid by Medicaid, pay specified
MCO providers consistent with the fee for service rates paid by Medicaid, and
increase capitation rates paid to MCOs.
In
addition, the Insurance Commissioner must deny an application or refuse to
renew a certificate if the insurer fails to pay the assessment for the
People’s Counsel Division in the Office of the Attorney General.� Chapter 1 also modifies the information
included in reports from a medical professional liability insurer to include
any proprietary information, but the Commission shall deny inspection of any
part of a report that is determined to contain confidential commercial
information.
Effective
Date:� Emergency Measure
Became law
without the Governor’s signature on
For more
information, please contact: �Jim Kaufman
STAFF
CONTACT INFORMATION
Please contact Government Relations if you have concerns or would like
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Heather Barthel������������������� [email protected]
Mickey Geisler��������������������� [email protected]
Sheila Higdon��������������������� [email protected]
Jim Kaufman����������������������� [email protected]
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