Legislative Hotline
2006 SESSION OF THE
MARYLAND GENERAL ASSEMBLY
Volume 14, Number 2����������������������������������������������������������������������������������������������� January 25, 2006
Here are some of the hot issues as the 2006
Legislative Session develops:
MARYLAND HONORS JOHNS HOPKINS LACROSSE
GOVERNOR INTRODUCES CAPITAL
BUDGET FOR HIGHER EDUCATION
GOVERNOR INTRODUCES HIS LEGISLATIVE PRIORITIES
BILLS
INTRODUCED
STAFF CONTACT INFORMATION
On January 17th,
the Governor, the Senate and the House of Delegates presented ceremonial
proclamations congratulating The Johns Hopkins University Men's Lacrosse Team
in recognition for being the 2005 NCAA National Champions.� Additionally, local Delegations in the House
and Senate also presented the teams with proclamations recognizing their
achievement. After the proclamations, a reception was held in their honor.� Members of the Ehrlich Administration and the
Maryland General Assembly attended the event.�
Dr. Brody, Jerry Schnydman, Coach David Pietramala, past players and
representatives from the Johns Hopkins Athletic Department participated in the
events as well.
�
�[Go to Top]
Governor
Introduces Capital Budget for Higher Education
The Governor will introduce his capital budget bill next
week.� It has been confirmed that the
bill includes $8 million for three MICUA capital projects:� 1) $2.67 million for The Johns Hopkins
University -
Governor Introduces His Legislative
Priorities
On January 19th,
Governor Ehrlich introduced his top legislative priorities for the 2006
Legislative Session.� Of interest to
Johns Hopkins are the following initiatives:
Biotechnology Tax Credit
The Biotechnology Tax
Credit allows tax credits for individual (angel) and corporate investors, and
for
This initiative will eliminate
restrictions on how much credit may be awarded to any one jurisdiction, and
instead will substitute a statewide competition for tax credits based on
merit.�
Medical Liability
The Governor is once again
introducing legislation to reform the State’s laws on Medical
Liability.� Based on a summation released
by his Office, it appears he is reintroducing the same legislation he
introduced during the 2005 legislative session.�
Provisions in this bill include tightening requirements on who can act
as an expert witness; adoption of the Dalbert
rule; lowering the cap on noneconomic damages; strengthening the current
apology protection statute; and establishing a taskforce to study various
issues relating medical malpractice, including structured judgments, patient
safety issues, administrative compensation for birth-related neurological
injury, and health care malpractice insurance reforms.
Nursing
Governor Ehrlich's Nurse
Support Program Assistance Fund will address the following areas:� (1) initiatives to expand
Research And Development Tax Credit
The Maryland Research and
Development (R&D) Tax Credit is a program that helps retain and attract
R&D companies in
Both the House and Senate have
scheduled hearings for their respective Stem Cell bills for Wednesday
�[Go to Top]
BILLS INTRODUCED
Budget - Capital
sb0131� Creation of a State Debt - Howard County General
Hospital
The bill creates a grant to Howard County General
Hospital in the amount of $325,000 for the Behavioral Emergency Unit of Howard
County General Hospital.
Effective
Date:� June 1, 2006
For more
information, please contact:� Sheila
Higdon
Environment Health
HB0020� Environment - Air Quality - New Source Review
This bill prohibits
the Maryland Department of the Environment (MDE), when modifying its New Source
Review (NSR) regulations, from altering any of the following if they existed in
regulation on December 30, 2002: (1) the applicability determination for NSR;
(2) the definition of modification, major modification, routine maintenance,
repair, or replacement; (3) the calculation methodology, thresholds, or other
NSR procedures; and (4) any other requirement or definition of the NSR
regulations. The bill provides specified exceptions to that prohibition.
MDE may
alter the NSR regulations if the amendment or revision does not exempt, relax,
or reduce any requirement related to: (1) obtaining NSR or other permits to
construct, before beginning construction; (2) using best control technology;
(3) conducting an air quality impact analysis; (4) conducting recordkeeping,
monitoring, and reporting, under specified conditions; (5) regulating any air
pollutant covered by the NSR regulations; and (6) public participation prior to
issuance of a permit to construct. MDE may alter a regulation that exempts or
reduces one of those requirements if MDE makes its decision based on
substantial evidence that the new regulation: (1) replaces an existing
regulation that caused a risk to public health or safety; (2) replaces an
existing regulation that is unworkable due to engineering or other technical
problems; (3) amends an existing regulation that otherwise will cause
substantial hardship to a business, industry, or category of sources; (4) is a
temporary regulation necessary to respond to an emergency; or (5) will not
impair or impede continued maintenance of all National Ambient Air Quality
Standards (NAAQS) or progress toward achieving attainment of those standards.
In addition, MDE may only alter a regulation that exempts or reduces one of
those requirements if it will not exempt or reduce the obligation of any
stationary source that was considered a major source under the NSR regulations
existing on December 31, 2002, to obtain a permit or to meet best available
control technology requirements.� The
bill authorizes MDE to make changes contained within a construction permit
issued prior to the bill’s effective date under specified conditions.
Effective
Date:� October 1, 2006
For more
information, please contact:� Heather
Barthel
General Health Care
hb0023� Public Power of Attorney - Health Care Decisions
The bill requires the
Office of the Attorney General, in consultation with DHMH, to develop the
following forms: (1) a continuous and durable “power of attorney for
health care decisions” form; and (2) a “notice of termination of
power of attorney for health care decisions” form.�
�����������
The power
of attorney form authorizes an individual to designate another individual
to:� (1) make medical decisions on behalf
of the designating individual; (2) visit the individual in a health care
facility; and (3) make decisions regarding the individual’s death,
including disposition of the body and funeral arrangements. A “power of
attorney for health care decisions registry” must be kept and contain a
complete record of each power of attorney and notice of termination form,
properly indexed, with the date each form was recorded. An individual’s
power of attorney form is no longer valid when a notice of termination of power
of attorney form has been received and registered by DHMH.
�����������
A health
care facility, cemetery, funeral director, or other person subject to the power
of attorney form must comply with the form and is not liable for violating the
bill’s requirements for good faith compliance with the form. The bill
does not prohibit a health care facility from establishing reasonable
restrictions on visitation, including restrictions on the hours of visitation
and number of visitors.
Effective
Date:� October 1, 2006
For more
information, please contact:� Heather
Barthel
hb0041� Controlled Dangerous Substances - Pseudoephedrine
Products
The bill defines
"pseudoephedrine product" as a compound, mixture, or preparation
containing any detectable quantity of pseudoephedrine, its salts or optical
isomers, or salts of optical isomers.� It
states that a pseudoephedrine product may only be displayed for sale behind a
store counter that is not accessible to customers or in a secure case that
requires assistance by a store employee for customer access.� It may be on the sales floor if the
pseudoephedrine product is kept within 30 feet and in direct line of sight of a
cash register or store counter if staffed by one or more employees.� It also states that reliable antitheft
devices are to be used on the packaging of the pseudoephedrine product.� Restricted access shelving is to be used so
that only one package of the pseudoephedrine product may be removed by a
consumer at a time, and a delay of at least 15 seconds occurs before
replacement of the package of the pseudoephedrine product on the shelf, or the
pseudoephedrine product is kept under constant video surveillance.
�����������
A person
may not purchase a pseudoephedrine product unless the person produces a valid
government-issued photo identification with the date of birth indicating that
the person is over the age of 18 years and signs a log or receipt showing the
date of the transaction, the name and address of the person and the amount of
the pseudoephedrine product purchased.�
Each pharmacy or retail establishment shall maintain a record of the
signed logs or receipts and post signs in conspicuous locations explaining the
restrictions on pseudoephedrine product displays and purchases and the public
health and safety reasons for the restrictions.
�����������
A person
may not purchase more than 9 grams of any pseudoephedrine product within any
30-day period.� This limit does not apply
to any quantity of seudoephedrine product dispensed with a valid prescription
or by a licensed health care practitioner in the course of carrying out the
profession of the licensed health carepractitioner.
�����������
The
department shall establish and maintain a real-time statewide electronic log of
pseudoephedrine product purchases and provide technical assistance to
pharmacies and retail establishments in meeting these requirements.� The department may disclose information in
the real-time statewide electronic log to a
�law enforcement officer only in accordance
with a proper search warrant.� A person
who violates this section is guilty of a misdemeanor and on conviction is
subject to a fine not exceeding $1,000 or imprisonment not exceeding 1 year or
both.
Effective
Date:� October 1, 2006
For more
information, please contact:� Heather
Barthel
Health Care Facilities
SB0102� Health Care Facilities and Laboratories -
Accreditation Organizations and Deeming
The bill applies to
the state licensure and accreditation of health care facilities, which include
hospitals, health maintenance organizations, freestanding ambulatory care
facilities, assisted living facilities, laboratories, home health agencies, and
residential treatment facilities.�� An
accreditation organization, defined as a private entity that conducts
inspections and surveys of health care facilities based on nationally
recognized and developed standards, must apply to the Secretary of the
Department of Health and Mental Hygiene for approval.� Prior to approval, the Secretary shall
determine that the standards of the accreditation organization are equal to or
more stringent than existing state requirements; evaluate the survey or
inspection process of the accreditation organization to ensure the integrity of
the survey process; and, enter into a formal written agreement with the
accreditation organization that includes requirements for:
����������� 1) notice of all survey inspections,
����������� 2) sharing of complaints and other
relevant information,
����������� 3) participation by DHMH in
accreditation organization activities, and
����������� 4) any other provision necessary to
ensure the integrity of the accreditation and licensure process.�
When an
accreditation organization has issued a final report finding a health care
facility to be in substantial compliance with the accreditation organization's
standards, DHMH shall accept the report as evidence that the health care
facility has met state licensure requirements and shall grant the health care
facility
deemed status.� An approved accreditation
organization shall send DHMH the preliminary and final reports of each
inspection and survey at the time it is sent to the health care facility.� In addition, a final report shall be made
immediately available to the public upon request.� Neither a preliminary nor final report is
admissible in evidence in any civil action or proceeding.
Health care
facilities that fail to achieve substantial compliance will be subject to
existing law regarding such failure.
DHMH may
inspect an accredited health care facility in order to: 1) determine compliance
with any quality requirement, 2) follow up on any serious problem identified by
an approved accreditation organization, 3) investigate a complaint,�
4)
participate in or observe a survey of an approved accreditation organization,
and
5) validate
the findings of an approved accreditation organization.
If the
Secretary determines that an approved accreditation organization has failed to
meet its obligations, the Secretary may withdraw the approval from the
accreditation organization, and the deemed status given to a health care
facility by the accredited organization.
Effective
Date:� October 1, 2006
For more
information, please contact:� Sheila
Higdon
Miscellaneous
HB0008� Election Law - Voting Systems - Verification and
Accessibility
This bill requires a voting system that does not use a
document ballot to produce an accessible voter- verified paper audit trail of each
vote cast that must be made available for inspection and verification by the
voter at the time the vote is cast. The voting system must provide alternative
language accessibility as well as accessibility to site impaired individuals.� The State Board of Elections (SBE) must adopt
regulations regarding voting systems for the site impaired and for alternative
language accessibility. The Governor must allocate the resources required to
implement the voter system verification provisions, except that federal funds
previously committed to implement the Help America Vote Act 2002 (HAVA) may not
be used.
Effective
Date:� June 1, 2006
For more
information, please contact:� Bret
Schreiber
SB0117� Department of Health and Mental Hygiene - Office of
the Inspector General - Health Program Integrity and Recovery Act
The bill establishes
the Office of the Inspector General in the Department of Health and Mental
Hygiene (DHMH).� The Inspector General
(IG) will be authorized to investigate mistaken claims, and fraud, waste and
abuse of departmental funds, and will cooperate and coordinate investigative
efforts with the State Medicaid Fraud Control Unit and where a preliminary
investigation establishes a sufficient basis to warrant referral, shall refer
such matters to the Medicaid Fraud Control Unit.� The IG will also cooperate and coordinate
investigative efforts with Departmental programs and other state and federal
agencies.�
Definitions
include the following:
Abuse:
provider practices that are inconsistent with sound fiscal, business, or
medical practices and result in unnecessary costs to a program, or in
reimbursement for services that are not medically necessary or that fail to
meet professionally recognized health care standards.
Claim:
request or demand for money, property, or services made under contract or
otherwise, by a contractor or grantee, provider, or other person seeking money
for the provision of health services if the State or Department provides any
portion of the money or property that is requested or demanded, or reimburses
the contractor, grantee, provider or other person of any portion of the money
or property that is requested or demanded.
Fraud:
intentional deception or misrepresentation made by a person with the knowledge
that the deception or misrepresentation could result in some unauthorized
benefit or payment.� It includes any act
that constitutes fraud under applicable state or federal law.
Program
includes:
1) Medical
Assistance Program,
2)
Cigarette Restitution Fund Program,
3) Mental
Hygiene Administration,
4)
Developmental Disabilities Administration,
5) Alcohol
and Drug Abuse Administration,
6) Family
Health Administration,
7)
Community Health Administration, and
8) any
other unit of DHMH that pays a provider for a service rendered or claimed to
have been rendered a participant.
Provider:
an individual licensed or certified under the Health Occupations Article to
provide health care, a facility that provides health care to individuals, or
any other person or entity that provides health care, products, or services to
a program recipient.
Provider
includes the following as defined by the Health General Article:
1) a
facility,
2) an
"historic provider",
3) a
managed care organization,
4) a health
maintenance organization,�
5) a
Federally Qualified Health Center, and
6) includes
a contractor, subcontractor, or vendor who directly or provides DHMH or its
recipients medical or pharmaceutical supplies, drugs, equipment or services.
In
collaboration with the appropriate Departmental Program, the IG may take
necessary steps to recover any mistaken, wrongful or fraudulent claims paid, or
the cost of benefits obtained may perform audits and inspections of
providers.� The IG may work with
providers to reduce mistaken claims, fraud, waste, and
abuse in
the health care system and coordinate investigative and recovery efforts with
other departments and agencies.� The IG
may also issue an administrative subpoena for the production of all
information, documents, reports, answers, records, accounts, papers, electronic
media, and other data and documentary evidence that may assist in its
investigation.
The IG may
require a provider seeking payment for a state health program to adopt and
adhere to a corporate integrity plan, defined as a formal organizational
agreement that promotes prevention, detection, and resolution of conduct that
does not conform to the requirements of the law.� It may include the following elements:
1)
designation of an individual within the organization as a compliance officer,
2) training
program regarding reimbursement principles,
3) a
hotline to promote effective communication,
4)
published guidance regarding disciplinary action for corporate officers,
managers, and employees who fail to comply with the orgainization's billing
standards,
5) period
reporting of data not originally required to be reported, and
6) other
provisions as needed to combat mistaken claims of fraud, waste and abuse.
The bill
also stipulates that a person may not:
1)
knowingly present a fraudulent claim for payment or approval,
2)
knowingly make a wrongful claim,
3) conspire
to defraud,
4)
knowingly make a false statement in order to get a claim paid,
5) engage
in practices that are prohibited by law regarding participation in a program or
providing health care services to a recipient,
6) fail to
cooperate with an investigation, and
7) fail to
maintain records for 5 years after a claim is submitted for payment, or the
period of time required by the paying program
If a
provider has a reasonable indication of fraud, waste or abuse, the provider
shall immediately notify in writing the appropriate program, the IG, or the
Medicaid Fraud Control Unit.� On receipt
of the notification, the IG may
1) conduct
an investigation, and
2) refer
the matter to the appropriate program or investigative authority.
Such
notification does not limit DHMH's authority to investigate mistaken claims,
fraud, waste and abuse in the absence of notification.� In determining whether or not to proceed with
an action, DHMH shall take into account whether the provider was self-reported
and has a corporate integrity plan.�
Providers
who violate provision of this law are subject to the following administrative
penalties:
1) recovery
of any departmental funds wrongfully, fraudulently, or mistakenly paid to the
provider,
2) costs of
collection and investigation of the mistaken claim, fraud, waste or abuse,
3) interest
on any moneys mistakenly, wrongfully or fraudulently obtained by the person,
4) imposition
of a lien on assets,
5) a fine
of up to $10,000 per incident up to a maximum of $100,000,
6)
suspension or termination of the provider from the Program, and
7)� any other penalties, limits, conditions or
controls imposed by DHMH regarding the provision of health care services
provided in any DHMH Programs.
The
penalties are in addition to any criminal, civil, or administrative penalties
provided under any other state or federal statute or regulation.� Any fine paid will be paid to the General
Fund of the State and the Comptroller will return to or credit the respective
Program with any recovery or other restoration of funds.�
The bill
also provides that a person who is instrumental in the recovery of Departmental
funds may receive an amount not greater than 10% of the proceeds actually
recovered.�� An employee or contractor of
federal, state, or local government is not eligible for this award and DHMH may
not award a person who knowingly participated in the violation.� A person may not be civilly liable for a
report made in good faith, or participating in an investigation.� A provider may not take retaliatory action
against an employee who discloses or threatens to disclose to a supervisor or
public body an activity, policy or practice that is in
violation
of the law, and may not retaliate against an employee who provides information
relative to the violation.
Effective
Date:�� October 1, 2006
For more
information, please contact:� Sheila
Higdon
hb0014� Handgun Safety Devices - Repeal
This bill repeals the prohibition against a dealer
selling, offering for sale, renting, or transferring a handgun in the State
unless it is equipped with an external safety lock or an integrated mechanical
safety device.� The bill also repeals
related requirements pertaining to duties of the Handgun Roster Board to review
and report on the status of personalized handgun technology.
Effective
Date:� October 1, 2006
For more
information, please contact:� Bret
Schreiber
STAFF CONTACT INFORMATION
Please contact Government Relations if you have concerns or would like
additional information. Your input assists us greatly in evaluating and
formulating the position of Johns Hopkins on all legislation.
Legislative Session Office
410-269-0057
fax 410-269-1574
Heather Barthel������������������� [email protected]
Mickey Geisler��������������������� [email protected]
Sheila Higdon��������������������� [email protected]
Tom Lewis���������������������������� [email protected]
Bret Schreiber��������������������� [email protected]
Cathy Ximenez������������������� [email protected]
�[Go to Top]
Legislative Hotline is a service of Johns Hopkins
Government Affairs.
� 2006 The Johns
Office of Government, Community and Public Affairs.