Johns Hopkins Institutions

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HB0630 ï¿½Consumer Protection - Personal Information Protection Act

House Bill 630 is a proposal before the General Assembly that aims to protect consumers from identity theft. The measure focuses on consumer notification when there is a breach of an individual’s personal information.

Effective Date:ï¿½ October 1, 2006

For more information, please contact:ï¿½ Bret Schreiber

HB0701 ï¿½Labor and Employment - Vacation Leave - Compensation

House Bill 701 requires employers that provide leave with pay to an employee following the birth of the employee's child to provide the same leave with pay to an employee when a child is placed with the employee for adoption.

Effective Date:ï¿½ October 1, 2006

For more information, please contact:ï¿½ Nicole Xander

Sb0223 ï¿½Maryland Heritage Structure Rehabilitation Tax Credit Program

Senate Bill 223 will eliminate the restrictions on how much credit may be awarded to any one jurisdiction, and instead substitutes a statewide competition for tax credits based on merit. The Program would continue to rate and rank applications.

Currently, projects must be completed within 24 months of the time the credits are awarded or risk being lost. This provision resulted in many requests for waivers.ï¿½ This bill will change the “use-it-or-lose-it” provision to 30 months.

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Additionally, the bill will eliminate the provision that penalizes properties that are “contributing within historic districts designated by local governments” – as opposed to properties listed on the National Register. Instead, the bill reverts to pre-2004 provisions that treated the various categories of historic designations as baseline requirements for eligibility.

The bill also repeals preferences for awarding initial credit certificates to commercial rehabilitations under the Maryland Heritage Structure Rehabilitation Tax Credit Program; repeals a limit on award of initial credit certificates for a single jurisdiction; and increases the time to complete commercial rehabilitations for purposes of the credit, while extending the termination date of the program to 2012.

Effective Date:ï¿½ July 1, 2006

For more information, please contact:ï¿½ Bret Schreiber

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Environmental Health

HB0360 ï¿½Environment - Gasoline Containing Methyl Tertiary Butyl Ether - Prohibition

This bill establishes that on or after January 1, 2009, a person may not sell, offer for sale, supply, or offer to supply gasoline that contains more than 0.5% of Methyl Tertiary Butyl Ether (MTBE) by volume.ï¿½ The Maryland Department of Environment is authorized to adopt regulations in order to implement the ban.

By December 1 ,2007, MDE shall also study and report to the Senate Education, Health, and Environmental Affairs Committee and the House Environmental Matters Committee regarding the practicability and economic, environmental, and public health effects of replacing MTBE with ethanol in gasoline sold in the State.

Effective Date:ï¿½ October 1, 2006

For more information, please contact:ï¿½ Nicole Xander

HB0411 ï¿½Income Tax Credit for Green Buildings

This bill lowers the requirement from 20,000 square feet to 10,000 square feet for a building to be eligible for the Income Tax Credit for Green Buildings.ï¿½ It shall be applicable to all taxable years beginning after December 31, 2005.

Effective Date:ï¿½ July 1, 2006

For more information, please contact:ï¿½ Nicole Xander

HB0522 ï¿½Environment - Gasoline Additive - Oxygenate Prohibition

On or after January 1, 2008, a person may not sell, offer for sale, supply, or offer for supply gasoline that contains more than 0.5% oxygenate concentration by volume.ï¿½ It may not be construed to prohibit transporting oxygenated gasoline for disposition outside the State, including storage that is related to this transport.ï¿½ The Department of Environment is authorized to adopt regulations to implement this ban.

Effective Date:ï¿½ October 1, 2006

For more information, please contact:ï¿½ Nicole Xander

HB0854 ï¿½Water Pollution - Administrative Penalties

This bill enhances the administrative penalty authority of the Maryland Department of the Environment (MDE). For violations of specified sediment control, stormwater management, and water pollution control provisions, the bill increases the maximum administrative penalty that may be assessed per violation (from $1,000 to $10,000 per violation) and repeals the limit of $20,000 on the total amount that MDE may assess for any action.

The bill also provides MDE with the authority to assess administrative penalties for violations of specified nontidal wetlands, tidal wetlands, and water appropriation and use provisions. Finally, the bill modifies the uses of the Maryland Clean Water Fund.

Effective Date:ï¿½ July 1, 2006

For more information, please contact:ï¿½ Heather Barthel

HB1004 ï¿½Sales and Use Tax - Tax-Free Periods for the Purchase of Energy Efficient Products

This bill exempts from the State sales and use tax the purchase of specified Energy Star products or solar water heaters for the periods of October 1 through October 31, 2006 and April 1 through April 30, 2007.

Effective Date: ï¿½July 1, 2006

For more information, please contact:ï¿½ Heather Barthel

SB0772 ï¿½Mercury-Added Products - Prohibition of Sale of Thermostats and Report

This bill prohibits a marketer from selling or providing a thermostat containing mercury to a consumer.ï¿½ By October 1, 2007, the Department of Environment shall study and report on the Statewide collection, reclamation, and recycling of all products containing mercury to the Governor, the Senate Education, Health, and Environmental Affairs Committee, and the House Environmental Matters Committee.

The report shall include the following:

1) current collection, reclamation, and recycling programs for each of these products, who administers the programs, how they are organized, and to what extent the current collection of hazardous materials covers mercury added products;

2) current and planned incentives and pilot programs designed to improve Maryland's rate of exclusion of mercury-added products from the landfill and incinerator waste streams;

3) current and planned efforts to educate the general public regarding the health and environmental impacts of mercury-added products in comparison to similar products that do not contain mercury;

4) a summary of measures utilized in other states regarding items 1-3 and projections regarding the probable level of effectiveness of these measures in Maryland; and

5) departmental recommendations for actions or programs related to items 1-3.

In preparing the report and recommendations, the Secretary of Environment shall convene and consult with an advisory group of interested stakeholders, including at least 2 individuals representing: manufacturers of mercury-added products, retail sale of mercury-added products, waste collectors, the environmental community, or the health care community.

Effective Date:ï¿½ October 1, 2006

For more information, please contact:ï¿½ Nicole Xander

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General Business

HB1142 ï¿½Minimum Wage - Constitutional Right and Provisions

This bill proposes an addition to the Maryland Constitution to specify that there is a minimum wage rate in Maryland, as set by the General Assembly.ï¿½ The rate shall be annually adjusted by the Commissioner of Labor and Industry, to account for inflation in a manner established by the Commissioner.

Effective Date:ï¿½ Next general election to be held in November 6, 2006.

For more information, please contact:ï¿½ Nicole Xander

General Education

SB0293 ï¿½Education - Public Charter Schools - Clarifications

Senate Bill 293 requires that public charter schools submit applications on or before August 1 of each year and requires county boards of education to review these applications and render a decision on or before December 1 of each year.ï¿½ The bill also prohibits public charter schools from seeking waivers from existing charter school laws.

Effective Date:ï¿½ July 1, 2006

For more information, please contact:ï¿½ Bret Schreiber

General Health Care

HB0592 ï¿½Health Care Decisions Act - Advance Directives - Section of Healtlh Care Agent and Treatment Preferences

The bill modifies the existing suggested living will and advance directive forms listed in statute. The bill provides a model advance directive form, divided into three parts. The first part specifies the selection of a health care agent, allowing primary and back-up agent designations. The second part specifies treatment preferences in the case of a terminal condition, persistent vegetative state, or end-stage condition. The third part specifies required signatures and witnesses for the advance directive. Also included is a suggested organ and body donation form.

The bill also specifies that a health care provider cannot seek someone other than a health care agent or a surrogate decision-maker to make decisions about health care unless the health care agent is unavailable. Further, a licensed psychologist may be substituted for the required second physician (second opinion) when the attending physician is making a determination about the certification of incapacity of a patient.

Effective Date:ï¿½ October 1, 2006

For more information, please contact:ï¿½ Heather Barthel

HB0851 ï¿½Department of Health and Mental Hygiene - Adult Sickle Cell Anemia - Study and Funding

The bill requires the Office of Genetics and Children with Special Health Care Needs in DHMH, in consultation with the Office of Minority Health and Health Disparities and other stakeholders to submit a report to the Senate Education, Health and Environmental Affairs and the House Health and Government Operations committees by December 1, 2006 on the following:

1) recommendations to improve the quality of health care delivered to adults in the State who are diagnosed with sickle cell anemia,

2) recommendations to assist health care institutions in the State that have clinics for adults who are diagnosed with sickle cell anemia,

3) recommendations to assist health care institutions in the State that have clinics for adults who are diagnosed with sickle cell anemia,

4) the amount of general fund State support required for FY 2008, 2009, and 2010 to address the above recommendations, and

5) any available funding sources to improve the quality of health care delivered to adults diagnosed with sickle cell anemia.

The bill also directs the Governor to include State support, at least equal to the amount recommended by the Office of Genetics, for the adult sickle cell anemia population in the budget for FY 2008, 2009, and 2010.

Effective Date:ï¿½ June 1, 2006

For more information, please contact:ï¿½ Sheila Higdon

HB1164 ï¿½Maryland Trauma Physician Services Fund - Reimbursement Rates - Grants

The bill expands the definition of a trauma center to include three specialty referral centers, the Regional Burn Center at Bayview, the Wilmer Eye Trauma Center, and the Curtis National Hand Center at Union Memorial.ï¿½ It alters the definition of trauma physician to include all 28 specialties defined by the Maryland Institute for Emergency Medical Services Systems that are supposed to be ready to respond in a trauma center.

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The bill also increases the on-call reimbursement cost incurred by a level II trauma center from 20% to 30% and from 30% to 35% for level III centers.ï¿½ The bill as introduced increases the annual maximum reimbursement for emergency physicians from $250,000 to $275,000 (although in committee the cap is supposed to be completely removed).ï¿½ The bill provides an increase in the annual grant to Children’s Hospital for up to $590,000 and a one time grant for up to $300,000 to subsidize on-call services for the Curtis National Hand Center at Union Memorial Hospital.ï¿½ The bill also stipulates that the Hand Center must comply with reporting requirements.

Effective Date:ï¿½ October 1, 2006

For more information, please contact:ï¿½ Heather Barthel

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Health Care Practitioners

HB1127 ï¿½Statewide Commission on the Shortage in the Health Care Workforce

The bill establishes the Statewide Commission on the Shortage in the Health Care Workforce.ï¿½ The Commission is directed to determine the current extent of the health care workforce shortage in the State and to conduct an evaluation of mechanisms currently available to enhance education, recruitment, and retention of health care workers.ï¿½ In addition, the Commission will examine what changes are needed to enhance institutional capacity to increase student enrollment and graduation rates, and to enhance existing educational programs, scholarship programs and funding mechanisms to provide incentives to individuals to enter the health care workforce.ï¿½ The Commission will also examine what changes are needed within the health care environment to retain health care workers and identify methods to recruit minorities and high school students into the health care workforce.ï¿½ï¿½ On January 1 of each year, the Commission will be required to report its findings and recommendations to the Governor and General Assembly.ï¿½

ï¿½ Commission membership includes:

ï¿½ 1 member of the Senate,

ï¿½ 1 member of the House,

ï¿½ Secretary of Health & Mental Hygiene (or designee),

ï¿½ Secretary of Business and Economic Developmentï¿½ (or designee),

ï¿½ State Superintendent of Schools (or designee),

ï¿½ Secretary of Higher Education ï¿½ï¿½(or designee),

ï¿½ representative from the University System of Maryland with knowledge of health care workforce issues,

ï¿½ representative from a community college that offers degrees to health care workers,

ï¿½ representative from an independent college that offers degrees to health care workers appointed by MICUA,

ï¿½ Executive Director of the Office of Minority Health and Health Disparities,

ï¿½ Executive Director of the Center for Health Workforce Development,

ï¿½ 1 representative each from the Greater Baltimore Regional Business Community and the Greater Washington Regional Business Community with knowledge of health care workforce issues,

ï¿½ Union representative who is a health care worker,

ï¿½ student health care worker representative, chosen from a list submitted by institutions of higher education that educate health care workers,

ï¿½ Executive Director of the Maryland Hospital Association,

ï¿½ representative from the long-term care industry,

ï¿½ representative from the community-based health care industry, and

ï¿½ consumer of health care services

Effective Date:ï¿½ July 1, 2006

For more information, please contact:ï¿½ Sheila Higdon

Hb1295 ï¿½Health Care Professionals and Institutions of Higher Education - Cultural Competency - Requirements

The bill requires each medical school and institution of higher education in the State that includes in the curriculum courses necessary for the licensing of health care professionals to include in the curriculum instruction in cultural competency designed to address the problem of race, ethnicity, and gender-based disparities in health care delivery treatment and decisions.ï¿½ The schools must require completion of the instruction in cultural competency as a prerequisite for graduation from the institution.ï¿½ The bill does not specify a date by which medical schools must have this requirement in place, but sets a date of July 1, 2008 for all other institutions.ï¿½

The bill directs medical schools to also offer cultural competency training for CME credit that is provided through classroom instruction, workshops, or other educational programs sponsored by the school; and, to develop the cultural competency curriculum in consultation with the AAMC, the Institute of Medicine or any other nationally-recognized organization that review medical school curricula.

In addition, the bill provides that a physician seeking licensure or relicensure must submit evidence acceptable to the Board of Physicians of successful completion of instruction in cultural competency.ï¿½ By July 1, 2009, dentists, registered nurses, physician assistants, psychologists, podiatrists, social workers and physical therapists applying for licensure or relicensure must submit evidence of successful completion of instruction in cultural competency to their respective licensing boards.ï¿½ï¿½

Finally, the bill provides a one-time requirement for a licensee applying for license renewal, who did not receive instruction in cultural competency as part of the licensee's medical school curriculum, to submit evidence of successful completion of CME in cultural competency.

Effective Date:ï¿½ July 1, 2006

For more information, please contact:ï¿½ Sheila Higdon

HB1389 ï¿½Disclosure of Medical Records - Investigations - Fee

The bill authorizes a health care provider to charge a fee for the retrieval, copying, preparation, mailing and actual cost of postage and handling of a medical record disclosed under a subpoena, warrant or court order.ï¿½ However, if a Government unit or agency requests the disclosure of the medical record, the health care provider may not charge that Government unit or agency.

Effective Date:ï¿½ October 1, 2006

For more information, please contact:ï¿½ Sheila Higdon

HB1455 ï¿½Department of Health and Mental Hygiene - Cultural Competency and Health Outcomes - Pilot Program

The bill requires the Family Health Administration in DHMH, in consultation with the Office of Minority Health and Health Disparities and selected community-based entities, to implement a pilot program by October 1, 2007, that addresses the cultural competency training of health care providers, with an emphasis on community-based providers; and, health outcomes and community-based models for targeting health outcomes by tracking indicators relative to the specific health care needs of designated populations.ï¿½ The indicators to be tracked include:

1) improvement in body mass index and hemoglobin A1C levels for individuals with Diabetes,

2) improvement in blood pressure, hypertension and cholesterol levels for individuals with cardiac disease, and

3 increased cancer screening for prostate, breast and cervical cancer.

The pilot program will be implemented in a state-based community teaching hospital system that is not a subsidiary of a system that operates an academic medical institution, serves a medically underserved area, a health professional shortage area and a medically underserved population, operates an accredited medical residency training program, engages in formal relationships with health care professional and allied health training programs, is engaged in a formal relationship with community-based entities that have demonstrated cultural competency, and demonstrates the capacity to seek a public-private partnership and funding to implement the pilot program.

By October 1, 2009, the hospital shall report to the State on the pilot program.

Effective Date:ï¿½ October 1, 2006

For more information, please contact:ï¿½ Sheila Higdon

sb0769 ï¿½Health Occupations - State Board of Nursing - Criminal History Records Checks

The bill requires registered nurses and licensed practical nurses applying for licensure or certification to the Board of Nursing, to submit to a criminal history records check.ï¿½ The applicant must submit the necessary documentation and pay all fees associated with the criminal history records check.ï¿½ Information obtained through the criminal history records check are confidential, may not be redisseminated and may only be used for licensing purposes.ï¿½ï¿½ The Board, upon receipt of the criminal history record, shall consider the information along with the age at which any crime was committed, the circumstances of the crime, the length of time since the crime occurred, subsequent history, employment and character references and other evidence that demonstrates whether or not the applicant poses a threat to public health or safety.ï¿½ The Board may not issue a license or certificate if the criminal history information is not received.

Applicants applying for re-licensure or re-certification must also submit to a criminal history records check every 10 years, beginning in July 2008.

Effective Date:ï¿½ October 1, 2006

For more information, please contact:ï¿½ Sheila Higdon

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Higher Education

HB0322 ï¿½Higher Education - Nurse Support Program Assistance Fund

House Bill 322/Senate Bill 230 creates a Nurse Support Program Assistance Fund within the Maryland Higher Education Commission to ensure monies for this nursing initiative stay in the Fund to support the training of nurses and do not revert to the State’s general fund at the end of each fiscal year.ï¿½

By creating this special fund, this bill will stabilize the funding for the Nurse Support Program which was established by the Health Services Cost Review Commission (HSCRC) with a 0.1% assessment on hospital rates in 2001.ï¿½ The Program was updated in 2005, and the assessment was increase by 0.1%.ï¿½ The Nurse Support Program will continue as follows:

Through a memorandum of understanding with the HSCRC, MHEC will administer the Fund to increase the number of qualified bedside nurses in Maryland hospitals and increase the capacity of Maryland's nursing schools.ï¿½ Since the Fund uses special funds designated for s specific purpose, legislation is required to create a special fund to ensure remaining monies stay in the Fund to support training of nurses and do not revert to the State's general fund at the end of each year.ï¿½ Funds for the Nurse Support Program will be transferred from HSCRC to MHEC for distribution and designated for two types of projects for nurses: (1) Competitive Grant Programs and (2) Statewide Initiatives.

Competitive Institutional Grants will be awarded through a request for application

process to a consortium of Maryland higher education institutions and Maryland

hospitals, individual Maryland higher education institutions, and partnerships of

Maryland higher education institutions.ï¿½ There is no maximum grant award - the size of the competitive grants will depend on the project’s ability to impact the nursing shortage in a timely manner.ï¿½ Competitive funding is available for five types of grants: (1) initiatives to expand Maryland’s nursing capacity through shared resources; (2) initiatives to increase Maryland’s nursing faculty; (3) initiatives to increase nursing student retention; (4) initiatives to increase the pipeline for nursing faculty; and (5) any combination of the above.

Statewide Initiatives will be administered through an application process and will not require submission of a grant proposal.ï¿½ Statewide Initiative funding is available for: (1) the Graduate Nursing Scholarship and Living Expenses Grant; (2) a new Nursing Faculty Fellowship; and (3) State Nursing Scholarship and Living Expenses.

Effective Date:ï¿½ June 1, 2006

For more information, please contact:ï¿½ Bret Schreiber

SB0368 ï¿½Higher Education - Senatorial Scholarships - Out-of-State Institutions Approved to Operate in the State

Senate Bill 368 authorizes the use of a senatorial scholarship at an out-of-state institution approved to operate in the State.

Effective Date: ï¿½October 1, 2006

For more information, please contact:ï¿½ Bret Schreiber

SB0458 ï¿½Teacher Quality Act of 2006

Senate Bill 458 establishes the National Board Certified Teacher Pilot Program in the State Department of Education.ï¿½ The bill authorizes the State Superintendent of Schools to select public school systems and public schools to participate in the Program.ï¿½ The bill also encourages the State Board of Education to establish an incentive program to encourage the use and expansion of professional development schools in the State.

Effective Date:ï¿½ July 1, 2006

For more information, please contact:ï¿½ Bret Schreiber

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Long Term Care/Nursing Homes

HB1342 ï¿½Long-Term Care Planning Act of 2006

The bill amends current law by requiring DHMH and the Insurance Commissioner to report to the General Assembly on the implementation of the Maryland Partnership for Long-Term Care Program.ï¿½ The initial report is due by October 1, 2006, and annual reports are required thereafter.ï¿½ The reports must include the number of long-term care policies approved by DHMH for inclusion in the Program, the measure undertaken to educate the public about the Program and any other information related to implementation of the Program.

Additionally, the Maryland Health Care Commission will be required to study the long-term care delivery system in the State to determine the types of services and programs that individuals 65 years of age and older will need in 2010, 2020, and 2030 and identify how the State should begin planning for the needed services and programs.ï¿½ That report must also examine the current services and programs operated by State agencies for the age 65 and older population including services related to housing, transportation, medical needs and food subsidies to identify duplicative services and programs, as well as problems with the delivery of existing services or programs.ï¿½ The report will also examine the adequacy of current programs throughout regions of the State.ï¿½ The interim report is due January 1, 2007 and the final report is due July 1, 2007.

Effective Date:ï¿½ July 1, 2006

For more information, please contact:ï¿½ Sheila Higdon

HB1384 ï¿½Nursing Facilities - Quality Assessment - Medicaid Reimbursement

The bill authorizes DHMH to impose a quality assessment on each freestanding nursing facility with 45 or more beds.ï¿½ The assessment may not exceed 2% of the net operating revenue for all nursing facilities operating in the State for the previous 3-month period.ï¿½

All amounts collected by the State for this purpose shall be used by DHMH to fund reimbursements to nursing facilities under the Medicaid program.ï¿½ The funds may not supplant funds already appropriated for this purpose.

Effective Date:ï¿½ July 1, 2007

For more information, please contact:ï¿½ Sheila Higdon

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Medical Liability

HB0936 ï¿½Health Care Malpractice - Damages - Periodic Payments

This bill applies to an award or a verdict for a cause of action arising on or after June 1, 2006.ï¿½ It does not apply if the claimant or plaintiff and the defendant agree to an alternative method of payment.ï¿½ If the claimant or plaintiff and defendant notify theï¿½ court within 30 days of the entry of the award or verdict that they have agreed to an alternative method of payment, the arbitration panel or court shall enter the terms of the agreement on the record as part of the award or judgment.

If future economic damages and noneconomic damages in aggregate are $250,000 or less, the arbitration panel or the court shall enter this amount as the award or verdict for future economic damages and noneconomic damages and order the defendant to pay this amount as a lump sum with past economic damages.

If future economic damages and noneconomic damages in the aggregate are more than $250,000, the arbitration panel or the court shall enter as the award or verdict for future economic damages and noneconomic damages the amount specified and order the defendant to pay $100,000 as a lump sum with past economic damages and the amount in excess of $100,000 in periodic payments in the form of an annuity.

For a survival or wrongful death action, noneconomic damages shall be paid as a lump sum with past economic damages and only future economic damages in excess of $250,000 shall be subject to periodic payments in the form of an annuity.

The finder of fact shall determine future economic damages without discounting the damages to present value and itemize future economic damages as future medical expenses, future loss of earnings, or pecuniary loss or benefit.ï¿½ The finder of fact shall also determine in a claim for personal injury the life expectancy of the claimant, the working life of the claimant, the commencement date of the working life of the claimant, the number of years for which the claimant will need medical treatment, the number of years for which the claimant will suffer a loss of earnings, and in a claim for wrongful death, the period for which the claimant might reasonably have expected a pecuniary benefit from the decedent had the wrongful death not occurred.

After the finder of fact makes the determinations, the defendant shall determine and provide to the arbitration panel or the court the purchase price of an annuity that will satisfy the requirements of the bill and produce periodic payments for, in a claim for personal injury, future medical expenses and noneconomic damages divided by the lesser of the number of years for which the claimant will need medical treatment or the life expectancy of the claimant and future loss of earnings divided by the lesser of the number of years for which the claimant will suffer a loss of earnings or the working life of the claimant; and in a claim for wrongful death, pecuniary loss or benefit divided by the period for which the claimant might reasonably have expected a pecuniary benefit from the decedent had the wrongful death not occurred.

The periodic payments for future loss of earnings may not commence until the commencement date of the working life of the claimant.ï¿½ The amount of future economic damages and noneconomic damages to be funded by an annuity shall be reduced by the amount of the lump-sum payment for future economic damages and noneconomic damages.ï¿½ The amount of future economic damages to be funded by an annuity shall be reduced by the amount of the lump-sum payment for future economic damages.ï¿½ After the defendant provides the arbitration panel or the court the information, the arbitration panel or the court shall enter as the award or verdict for future economic damages and noneconomic damages the sum of the lump-sum payment for future economic damages and noneconomic damages and the purchase price of the annuity.

The defendant or the defendant's insurer may purchase multiple annuities if, in the aggregate, the annuities satisfy the requirements of the bill. The defendant's insurer shall be obligated to purchase an annuity only to the extent of the coverage the insurer is obligated to provide under the insurance policy issued to the defendant.ï¿½ An annuity purchased to fund future loss of earnings shall have a guaranteed term equal to the lesser of the number of years for which the claimant will suffer a loss of earnings or the working life of the claimant.

If the claimant dies before the end of the guaranteed term of the annuity, the unpaid balance of the annuity shall be paid to the estate of the claimant.ï¿½ An annuity purchased to fund future medical expenses, noneconomic damages, or pecuniary loss or benefit may not have a guaranteed term and shall terminate at the death of the claimant.ï¿½

The defendant or the defendant's insurer shall purchase an annuity from an insurer that has one of the following financial strength ratings from two of the following rating organizations:

1. a.m. Best company: a++ or a+;

2. Fitch Inc.: aaa, aa+, aa, or aa-;

3. Moody's investors service claims paying rating: aaa, aa1, aa2, or aa3;

4. Standard & Poor's corporation insurer claims paying rating: aaa, aa+, aa, or aa-; or

5. if agreed to by the claimant or plaintiff, a rating from another national rating organization if the rating and the rating organization are found to be appropriate by the arbitration or the court.

The arbitration panel or the court shall approve an annuity purchased by the defendant or the defendant's insurer if the annuity meets the requirements of the bill, and will at all times be fully secured by assets held in a validly established separate account that may not be chargeable with liabilities arising out of any other business that the insurer may conduct or in which the claimant has a perfected security interest.

The purchase of an annuity by the defendant or the defendant's insurer shall be deemed to have fully satisfied the portion of the award or verdict for future economic damages and noneconomic damages not subject to a lump-sum payment.ï¿½ If the lump-sum payment for future economic damages and noneconomic damages together with the lump-sum payment for past economic damages is not sufficient to satisfy the claimant's obligation to pay attorney's fees and expenses, the arbitration panel or the court shall increase the lump-sum payment for future economic damages and noneconomic damages so that the total lump-sum payment to the claimant or plaintiff is sufficient to satisfy the obligation of the claimant or plaintiff to pay attorney's fees and expenses and reduce, by the amount by which the lump-sum payment is increased, the purchase price of the annuity to fund future economic damages and noneconomic damages.

Effective Date:ï¿½ June 1, 2006

For more information, please contact:ï¿½ Heather Barthel

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HB1059 ï¿½Health Care Malpractice - Emergency Medical Care - Standard of Proof for Liability

A health care provider is not civilly liable for any act or omission in providing assistance or medical aid to a patient in a medical facility, if the factual findings of an act or omission are not supported by clear and convincing evidence, the act or omission is not one of gross negligence, the treatment is given to the patient before the patient's condition is stabilized, the timing and type of diagnosis and treatment are not affected by financial considerations, and the health care provider is acting in full compliance with the Federal Emergency Medical Treatment and Active Labor Act (EMTALA) and the regulations adopted under that Act.

Effective Date:ï¿½ June 1, 2006

For more information, please contact:ï¿½ Heather Barthel

HB1136 ï¿½Circuit Courts - Medical Malpractice Division - Task Force

The bills states that it is the intent of the General Assembly that medical malpractice actions be treated efficiently and effectively in the judicial system and that the Chief Judge of the Court of Appeals consider the feasibility of the establishment of a medical malpractice division in Maryland, based on a study to be completed by the Medical Malpractice Division Task Force, in order to enable the circuit courts to handle medical malpractice actions in the most coordinated, efficient, and responsive manner and to afford convenient access to lawyers and litigants involved in medical malpractice actions.

The bill creates the Medical Malpractice Division Task Force.ï¿½ The Task Force shall be composed of:

(1) the President of the Maryland State Bar Association, or the President's designee;

(2) three members of the Judiciary, appointed by the Chief Judge of the Court of Appeals, all of whom have had experience in medical malpractice actions;

(3) two members of the Senate of Maryland, appointed by the President of the Senate;

(4) two members of the House of Delegates, appointed by the Speaker of the House of Delegates;

(5) four members of the public, appointed by the Governor, at least three of whom are from medical or health care professions;

(6) the President of the Maryland Trial Lawyers Association, or the President's designee; and

(7) the President of the Maryland Defense Bar, or the President's designee.

The President of the Maryland State Bar Association or the President's designee shall chair the Task Force.

The Task Force shall study the feasibility of establishing a medical malpractice division in appropriate circuit courts in the State.ï¿½ The report shall include input from both the Maryland medical and legal communities, a review of the experience of other states in creating specialty courts or administrative procedures for compensating patients injured by preventable medical errors, a study of any constitutional issues associated with establishing a medical malpractice division of the circuit courts in the State,ï¿½ consideration of all operational aspects of establishing a medical malpractice division, including the benefits and costs to the State and the Judiciary that are associated with the establishment of a medical malpractice division in Maryland, the financial costs associated with and essential to the efficient operation of a medical malpractice division, the criteria for determining the type and monetary thresholds of matters to be assigned and the procedures for assignment of matters to a medical malpractice division, the level of expertise and training of judges presiding in a medical malpractice division, a case management plan for the prompt and efficient scheduling and disposition of matters assigned to a medical malpractice division, the use of alternative dispute resolution, the feasibility of establishing an expedited appeals process forï¿½ matters assigned to a medical malpractice division, and any other matters the Task Force considers relevant.ï¿½

The Task Force shall issue a final report of its findings and recommendations to the Court of Appeals, the Governor, the Lieutenant Governor, the President of the Senate of Maryland, the Speaker of the House of Delegates, the House Judiciary Committee, the Senate Judicial Proceedings Committee, and to the General Assembly on or before June 1, 2007.

Effective Date:ï¿½ June 1, 2006

For more information, please contact:ï¿½ Heather Barthel

HB1214 ï¿½Health Care Malpractice - Emergency Medical Care - Good Samaritan Immunity

This bill provides that an individual is not civilly liable for any act or omission in

providing assistance or medical aid to a victim in a medical facility, if: (1) the victim initially visited the emergency department of the facility requesting examination or treatment for an emergency medical condition; (2) the individual is a health care provider; (3) the act or omission is not one of gross negligence; (4) the timing and type of diagnosis and treatment are not affected by financial considerations; and (5) the individual is acting in full compliance with the federal Emergency Medical Treatment and Active Labor Act (EMTALA) and the regulations adopted under the Act.

Effective Date:ï¿½ October 1, 2006

For more information, please contact:ï¿½ Heather Barthel

HB1425 ï¿½Health Care Malpractice Actions - Payment of Future Damages

This bill applies to a verdict for a cause of action arising on or after October 1, 2006.ï¿½ If a verdict for future damages exceeds $250,000, on motion of any party, the court shall appoint a neutral expert to evaluate whether all or part of the future damages should be paid in the form of annuities or other appropriate financial instruments or in periodic or other payments consistent with the needs of the plaintiff, funded in full by the defendant or the defendant's insurer.ï¿½ If the neutral expert finds that it would be appropriate and in the interests of justice for the future damages to be paid in the form of annuities or other appropriate financial instruments or in periodic or other payments, recommend how the payments should be structured.

A neutral expert shall be appointed from a list of qualified experts maintained by the administrative office of the courts.ï¿½ï¿½ The Court of Appeals may adopt rules governing the selection and qualifications of a neutral expert.ï¿½ To be eligible for appointment as a neutral expert, in addition to any qualifications established by the Court of Appeals, an individual shall be an attorney or former judge with at least 5 years' experience in health care malpractice litigation, familiar with annuities and related financial products, and familiar with federal and State entitlement programs.

Each party shall provide any information and records that the neutral expert determines to be needed to carry out the neutral expert's duties, including information that otherwise would be confidential under any other provision of law.ï¿½ Unless the court grants an extension for good cause, the neutral expert shall report their findings and recommendations to the court and each attorney of record within 60 days after appointment by the court.ï¿½ On motion of any party, the court shall hold a hearing on the report.

If the court rejects the findings and recommendations of the neutral expert, the court shall make a written finding or a specific finding on the record stating the reasons for the rejection.ï¿½ The court shall assess the costs of the neutral expert against the party or parties who requested the appointment of a neutral expert.

If the court orders that all or part of the future damages be paid in the form of an annuity, the defendant or the defendant's insurer shall purchase an annuity from an insurer that has one of the following ratings from two of the following rating organizations:

(1) A.M. Best Company: A++ or A+;

(2) Fitch Inc.: AAA, AA+, AA, OR AA-;

(3) Moody’s Investors Service claims paying rating: AAA, AA1,

AA2, OR AA3;

(4) Standard & Poor’s corporation insurer claims paying rating: AAA, AA+, AA, OR AA-; or

(5) If agreed to by the claimant, a rating from another national rating organization if the rating and the rating organization are found to be appropriate by the court.

The court shall approve an annuity purchased by the defendant or the defendant's insurer if the annuity meets the requirements of the bill and will at all times be fully secured by assets held in a validly established separate account that may not be chargeable with liabilities arising out of any other business that the insurer may conduct or in which the claimant has a perfected security interest.

If the court orders that all or part of the future damages be paid in the form of an annuity, the amount of attorneys' fees owed by the plaintiff to the plaintiff's attorney shall be based on the cost of the annuity rather than the amount of the judgment for future damages, unless the court finds that the amount would be unreasonable under the circumstances of the case.ï¿½ If the court finds that the amount of attorneys' fees calculated would be unreasonable under the circumstances of the case, the court may order a higher or lower amount based on the time and labor required, the novelty and difficulty of the questions involved, and the skill requisite to perform the legal service properly, whether the acceptance of the particular employment precluded other employment of the lawyer, the fee customarily charged in the locality for similar legal services, the amount involved and the results obtained, the time limitations imposed by the client or by theï¿½ circumstances, the nature and length of the professional relationship with the client, and the experience, reputation, and ability of the lawyer or lawyers performing the services.

Effective Date:ï¿½ October 1, 2006

For more information, please contact:ï¿½ Heather Barthel

HB1499 ï¿½Income Tax - Credit for Medical Malpractice Insurance

An individual or corporation may claim a credit against the State income tax if the amount of medical malpractice insurance premiums paid by the individual or corporation for a licensed physician in the State exceeds 14% of the amount of gross income attributable to the medical practice of the licensed physician for which the malpractice premiums are paid in the following amounts:

(1) 50% of the amount of medical malpractice premiums paid that is more than 14% but less than or equal to 16% of gross income; and

(2) 100% of the amount of medical malpractice premiums paid that exceeds 16% of gross income.

If a licensed physician practices in locations outside of the State, the amount of malpractice premiums paid for the purpose of calculating the credit under this section shall be prorated to reflect only the percentage of practice by the physician at locations in the State.ï¿½ The credit under this section may not be claimed if the licensed physician has paid a malpractice claim within the previous 5 years.ï¿½ If the credit exceeds the State income tax, the unused credit may not be carried over to any other taxable year.

Effective Date:ï¿½ July 1, 2006

For more information, please contact:ï¿½ Heather Barthel

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Miscellaneous

HB1334 ï¿½Electric Utility Regulation - Standard Offer Service - Total Rates

In any year in which an electric company has an obligation to provide standard offer service under a Public Service Commission order, the electric company may not charge residential customers a total rate for electricity that exceeds the previous year's rate by more than 5%.

In any year in which an electric company is prohibited from increasing the total rate to residential customers by more than 5%, the electric company may recover from residential customers the portion of the total rate that exceeds the 5% limit through a standard offer service transition charge over a 5-year period beginning 1 year after the increase in the total rate.ï¿½ Any standard offer service transition charge recovered during a year may not be included in a determination of whether an electric company's increase in the total rate in any year exceeds the 5% limit.ï¿½ Any distribution or transmission rate increase for a year approved by the Commission, whether approved under a settlement agreement or a rate proceeding, shall be included in a determination of whether an electric company's increase in the total rate in any year exceeds the 5% limit.ï¿½ By regulation or order, the Commission shall adopt procedures to implement this section, including the creation of a formula for the recovery from residential customers of the standard offer service transition charge over a 5-year period.

The Commission may not allow the recovery in any 1 year of more than 20% of the standard offer service transition charge imposed for a given service year.ï¿½ The standard offer service transition charge shall be separately stated on bills to customers.

Effective Date:ï¿½ June 1, 2006

For more information, please contact:ï¿½ Heather Barthel

HB1402 ï¿½Maryland Transit Administration - Greater Baltimore Bus Initiative - Required Public Hearings

This bill states that before the Department of Transportation or the Maryland Transit Administration takes any action in furtherance of the second phase of proposed changes to the Baltimore Metropolitan bus service under the Greater Baltimore Bus Initiative, the Administration must hold three public hearings of the proposed action.ï¿½ The three hearing must be held at three different locations in areas directly affected by the proposed action and on three different dates.

Effective Date:ï¿½ Emergency Measure

For more information, please contact:ï¿½ Nicole Xander

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Public Health

HB0394 ï¿½Public Health - Mercury-Free Vaccines - Requirements

House Bill 394 prohibits individuals from being vaccinated with vaccines containing more than 1.25 micrograms of mercury per 0.5 milliliter dose on or after January 1, 2007.ï¿½ The bill also prohibits individuals from being vaccinated or injected with vaccines or other products containing any amount of mercury on or after June 1, 2009.ï¿½ The bill authorizes the Secretary of Health and Mental Hygiene to use vaccines that may contain mercury in the event of the threat or occurrence of a chemical or biological terrorist incident or public health emergencies.

Effective Date:ï¿½ October 1, 2006

For more information, please contact:ï¿½ Bret Schreiber

SB0163 ï¿½Vehicle Laws - Protective Headgear Requirement for Motorcycle Riders - Exceptions

The bill provides that the following individuals are exempt from wearing a helmet:ï¿½ (1) an operator or occupant of any three-wheeled motorcycle equipped with an enclosed cab; (2) an individual 21 years old or older who has been licensed to operate a motorcycle for at least two years; (3) an individual 21 years old or older who has completed a motorcycle-rider safety course approved by the administrator or by the Motorcycle Safety Foundation; and (4) an individual 21 years old or older who is a passenger on a motorcycle operated by another exempt individual.

Effective Date:ï¿½ July 1, 2006

For more information, please contact:ï¿½ Bret Schreiber

SB0457 ï¿½Public Schools - Student Health - Diabetes and Body Mass Index Screening and Nutrition Standards

Senate Bill 457 requires county boards of education to provide diabetes screening tests and body mass index calculations for each student in each public school.ï¿½ The bill requires the county boards of education to establish a food service program, to prohibit the sale of foods and beverages with minimal nutritional value during certain hours, to adopt specified nutrition and wellness policies for high schools, and to form nutrition integrity teams.

Effective Date:ï¿½ July 1, 2006

For more information, please contact:ï¿½ Bret Schreiber

SB0765 ï¿½Workers' Compensation - Presumptions - Lyme Disease

Senate Bill 765 repeals a requirement that a paid law enforcement employee of the Department of Natural Resources demonstrate that the employee received a Lyme disease vaccination in order to qualify for a presumption of a compensable occupational disease under workers' compensation law.

Effective Date:ï¿½ October 1, 2006

For more information, please contact:ï¿½ Bret Schreiber

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Tort Reform

SB0142 ï¿½Health Care Providers - Disclosures of Mental Health Records - Subpoenas

This bill requires a subpoena for medical records connected with mental health services to have the statutorily required written assurance and related documents attached to it.ï¿½ This applies to subpoenaed records that must be disclosed without the authorization of a person in interest to health professional licensing and disciplinary boards for an investigation or health professional disciplinary action.

Effective Date:ï¿½ October 1, 2006

For more information, please contact:ï¿½ Heather Barthel

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Workers Comp

hb0749 ï¿½Medical Records - Permitted Disclosures - Work-Related Injury or Occupational Disease

HB 749 requires a health care provider to disclose a medical record without the authorization of a person in interest to an employer or insurer, an uninsured employer's fund, or a subsequent injury fund, for the purpose of investigating the compensability or nature and extent of an alleged work-related injury or occupational disease.

Effective Date:ï¿½ October 1, 2006

For more information, please contact:ï¿½ Nicole Xander

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STAFF CONTACT INFORMATION
Please contact Government Relations if you have concerns or would like additional information. Your input assists us greatly in evaluating and formulating the position of Johns Hopkins on all legislation.

Legislative Session Office
47 State Circle, Suite 203
Annapolis, MD 21401
410-269-0057
fax 410-269-1574

Heather Barthelï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ [email protected]

Mickey Geislerï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ [email protected]

Sheila Higdonï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ [email protected]

Jessica Hendrixï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ [email protected]

Nicole Xanderï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ [email protected]

Bret Schreiberï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ [email protected]

Cathy Ximenezï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ [email protected]

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ACRONYMS

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ï¿½ 2005 The Johns Hopkins Institutions. Baltimore, Maryland.
Office of Government, Community and Public Affairs.