Legislative Hotline
2006 SESSION OF THE
MARYLAND GENERAL ASSEMBLY
Volume 14, Number 7����������������������������������������������������������������������������������������������� March 2, 2006
Here are some of the hot issues
as the 2006 Legislative Session develops:
JOHNS
HOPKINS LEADERSHIP IN ANNAPOLIS
BILLS
INTRODUCED
STAFF CONTACT INFORMATION
Johns
Last week two Deans and two
of our nursing students appeared before legislators in
On Tuesday, February 21,
Dean Nicholas Jones of the Whiting School of Engineering met with members of
the House Appropriations and Senate Budget and Taxation Committees to defend
full funding of the Sellinger Aid Program.� Dean Jones also reiterated the need to
support the Fiscal year 2007 MICUA Capital Budget Project, which includes a $3
million request for the
Dean Martha Hill of the
�[ Go to Top]
BILLS INTRODUCED
Business Operations
HB1170� Consumer Protection - Personal Information Protection
Act
House Bill 1170 will require a business to destroy or
arrange for the destruction of a customer's records that contain personal
information of the customer.� The bill
requires a business that owns or licenses specified personal information of an
individual residing in the State to implement and maintain security procedures
and practices.� The bill also requires a
business that owns, licenses, or maintains personal records to notify persons
of a breach in the security of a system.
Effective
Date:� October 1, 2006
For more
information, please contact:� Bret
Schreiber
hb1176� Crimes - Disclosure of Social Security Numbers -
Penalties
House Bill 1176 will prohibit a person, including a
public or private entity, from intentionally communicating or otherwise making
available to the public the Social Security number of an individual.� The bill also prohibits a person from
printing the Social Security number of another person on a card required for
the other person to access products or services.� The bill also prohibits a person from
transmitting the Social Security number of the other perosn over the Internet.
Effective
Date:� October 1, 2006
For more
information, please contact:� Bret
Schreiber
Economic Development
HB1160� Workforce Housing Grant Program - Establishment
House Bill 160 establishes the Workforce Housing Grant
Program.� The bill requires a county to
meet specified criteria to participate in the Program which will seek to
provide flexible capital funding to counties for development costs of workforce
housing.
Effective
Date:� October 1, 2006
For more
information, please contact:� Bret
Schreiber
SB0218� Business and Economic Development - Research and
Development Tax Credit
Senate Bill 218 increases from $3,000,000 to $6,000,000
the aggregate amount of credits that may be approved by the Department of
Business and Economic Development for any calendar year for each component of
the Maryland research and development tax credit.� The bill limits to $500,000 the amount of credit
that an individual or corporation may obtain in a calendar year for each
component of the credit.
Effective
Date:� July 1, 2006
For more
information, please contact:� Bret
Schreiber
SB0219� Business and Economic Development - Biotechnology
Investment Incentive Act
Senate Bill 219 imposes eligibility restrictions for
the State income tax credit allowed for investments in qualified biotechnology
companies.� The bill alters limits on the
amount of credits that may be claimed by entities.� The bill also imposes limits on the amount of
credits the Secretary of Business and Economic Development may certify for
investments in a single business.
Effective
Date:� July 1, 2006
For more
information, please contact:� Bret
Schreiber
SB0700� Maryland Research and Development Tax Credit -
Expansion and Modification
Senate Bill 700 will increase to $10 million the
amount of income tax credits that the Department of Business and Economic
Development may approve for the Maryland research and development tax credit in
a calendar year.� The bill alters the
method utilized by the Department to award the Maryland research and development
tax credits and also allows a preference to those companies focusing on
nanotechnology.
Effective
Date:� July 1, 2006
For more
information, please contact:� Bret
Schreiber
Environmental Health
HB1211� Task Force on Green Building
This bill creates a
Task Force on Green Building.� The Task Force
shall evaluate and make recommendations regarding methods of facilitating
public demand for environmentally sensitive communities and improving
low-impact sustainable development.� This
will include studying low-impact development codes around the country and green
building techniques to determine what makes a program effective; evaluating
incentives and disincentives to implementing a green building program and
recommending best practices to improve communication regarding a green building
program to communities, businesses, and developers; and identifying statewide
potential for low-impact development projects and the potential for cost
reduction for stormwater management, road building, and other infrastructure
for communities in low-impact development zoning areas.
A
preliminary report of findings and recommendations must be submitted to the
Governor, the Senate Education, Health, and Environmental Affairs Committee,
and the House Environmental Matters Committee by January 1, 2007.� A final report must be submitted to the
Governor and General Assembly by October 1, 2007.
Effective
Date:� July 1, 2006
For more
information, please contact:� Nicole
Xander
HB1445� Real Property - Residential Lease - Tenant Release
According to this
bill, at the request of the tenant, an owner of an affected property who fails
to comply with the applicable risk reduction standards of the Environment
Article must carry out the following provisions:�
- release the tenant from the
terms of the lease or rental agreement for the property immediately, and
- pay the tenant all reasonable
relocation expenses, not exceeding $2,500, directly related to the
permanent relocation to a lead-free dwelling or dwelling that has passed
the test for lead-contaminated dust.
The right
of the tenant to request release from the lease or rental agreement does not
preclude the tenant from pursuing any other right or remedy available to the
tenant at law or equity and is in addition to them.
Effective
Date:� October 1, 2006
For more
information, please contact:� Nicole
Xander
HB1527� Lead Risk Reduction - Acquisition of Property -
Compliance Requirements
This bill requires that
on or after March 1, 2006, a person seeking to purchase an affected property
that is not in compliance may submit a compliance plan to the Department of
Environment within 90 days before and 30 days after settlement on the property.� The Department shall review and approve or
deny the terms of the plan within 30 days after the person submits the
plan.� If modifications are necessary for
a plan to receive approval, the modifications may be requested by the Department
or voluntarily submitted by the person acquiring the property.
Once a plan
receives approval, the person that acquired the property shall be considered to
be in compliance and be eligible for the protection afforded to an owner of an
affected property who has complied with the requirements.� If a compliance plan is withdrawn by the
person that acquired the property, the aforementioned protection does not
apply.� If a person fails to comply with
the terms of the plan approved by MDE, that person shall be considered to be
noncompliant from the date of settlement and transfer of the affected property.
Effective
Date:� October 1, 2006
For more
information, please contact:� Nicole
Xander
SB0586� Lead Poisoning - Risk Reduction Standards - Exemption
According to this
bill, outside surfaces of an affected property, including windows, doors, trim,
fences, porches, and other building or structures that are part of the affected
property are exempt from the risk reduction standards if all exterior surfaces
are lead-free and the owner submits an inspection report to the Department of
the Environment that:
- indicates that the outside
surfaces have been tested for the presence of lead-based pain in
accordance with established standards and procedures,
- states that all outside
surfaces of the affected property are lead-free, and
- is verified by the Department
accredited inspector who performed the test.
Effective
Date:� October 1, 2006
For more
information, please contact:� Nicole
Xander
SB0745� Residential Rental Property - Registration - Lead
Paint Regulation
Before a local government authorizes or certifies
residential property to be rented or leased or registers residential rental
property for any reason, the owner of the property shall state in writing: 1)
whether one or more of the owner's rental dwelling units are affected property,
2) whether all units are registered for the current year with the Department of
Environment, and 3) whether each unit of affected property meets the lead risk
reduction requirements of Title 6, Subtitle 8, Part IV of the Environment
Article.
Effective
Date:� October 1, 2006
For more
information, please contact:� Nicole
Xander
Financial Aid
HB0612� Higher Education - Senatorial and Delegate Scholarships
- Transfer of Unspent Funds to the Janet L. Hoffman Loan Assistance Repayment
Program
House Bill 612 requires the Maryland Higher Education
Commission to transfer unspent funds at the end of the term of office of a Senator
to the Office of Student Financial Assistance for the purpose of funding the
Janet L. Hoffman Loan Assistance Repayment Program; and requiring the Office of
Student Financial Assistance to transfer specified unspent funds at the end of
the term of office of a Delegate to fund the Janet L. Hoffman Loan Assistance
Repayment Program.
Effective
Date:� October 1, 2006
For more
information, please contact:� Bret
Schreiber
SB0483� Robert Kittleman Scholarship Reform Act
Senate Bill 483 will create the Robert Kittleman
Scholarship Reform Act.� The bill
requires that of the Senatorial or Delegate Scholarship programs, 30% of the
dollars available should be used for criteria set by a Senator or Delegate in a
legislative district, the remaining 70% shall be based on need.
Effective
Date:� July 1, 2006
For more
information, please contact:� Bret
Schreiber
SB0552� Higher Education - Workforce Shortage Student
Assistance Grants
Senate Bill 552 will consolidate workforce shortage
and economic development student scholarship and grant programs in the Maryland
Higher Education Commission into the new Workforce Shortage Student Assistance
Grant program.� The bill requires the
Commission and the Office of Student Financial Assistance in the Commission to
administer the Program.� The bill also
appoints an Advisory Council on Workforce Shortages.� This will enable the state to strategically
targeting the state's scholarship programs to those workforce shortages in the
most need.
Effective
Date:� Various
For more
information, please contact:� Bret
Schreiber
General Business
HB1336� Day Laborer Regulation Act of 2006
This bill prohibits any
day labor agency to operate without a day labor agency license issued by the
Secretary of Labor, Licensing, and Regulation.�
The term of said license is one year and a renewal application form must
be sent to registered agencies at least one month before expiration of the
license along with a notice stating the date on which the current registration
expires, the date by which the Secretary must receive the renewal application
and amount due for renewal of the license.�
Before the expiration of a registrant’s day labor agency license,
the registrant may renew for an additional term if they are otherwise entitled
to be licensed, pays the renewal fee set by the Secretary, submits renewal
application as provided by the Secretary, and displays the license in a
conspicuously in the day labor agency.�
A day labor
agency may not:
- Knowingly refer a day laborer
to a job if any condition of employment violates any State or federal law,
- Refer a day laborer to an
establishment where a labor dispute exists,
- Establish or set wage rates for
benefits for day laborers,
- Refer employment to a day
laborer who is not authorized to reside or work in the United States, or
- (Violate the provisions set
within this bill
Each day
laborer agency is required to keep a detailed record of each employer’s
job orders as well as a directory of each employer or other person that
receives services from a day laborer through the agency that includes the
appropriate federal tax ID number, name and address of each day laborer that is
using the agency.� Each day labor agency
is also required to obtain documentation attesting to each day laborer’s
legal U.S. Residency status and certify under penalty of perjury that the day
laborer referred for employment is in fact a legal U.S. resident.
If passed,
this bill authorizes the Secretary to adopt necessary regulations in order to
carry out the legislation.
Effective
Date:� October 1, 2006
For more
information, please contact:� Heather
Barthel
General Education
hb0347� Income Tax - Credit for Providing Adult Literacy
Programs
House Bill 347 allows a business entity, including
nonprofits, a credit against the State income tax for the costs of adult
literacy services provided to an employee.
Effective
Date:� July 1, 2006
For more
information, please contact:� Bret
Schreiber
HB0794� Education - Maryland Alternative Teaching Opportunity
Program
House Bill 794 will establish the Maryland Alternative
Teaching Opportunity Program in the State Department of Education.� The bill will authorize the State Department
of Education to select specified school districts and up to 150 teaching
candidates to participate in the Program.�
The bill promotes alternative education programs to address the shortage
of math, science, and special education teachers.
Effective
Date:� October 1, 2006
For more
information, please contact:� Bret
Schreiber
HB1008� Public Schools - Summer Learning Pilot Program
House Bill 1008 will establish the Summer Learning
Pilot Program.� The bill provides for and
requires a county board of education to develop a model program with a
curriculum addressing summer learning loss.�
The State Board of Education must develop a model summer school program
that provides a grade appropriate preview of the concepts and skills that will
be taught in the upcoming school year, strengthens basic skills, and is linked
to a school’s regular curriculum. The State board must choose three Title
1 schools for the location of the program.
Effective
Date:� July 1, 2006
For more
information, please contact:� Bret
Schreiber
General Health Care
HB1312� Driver Responsibility and Funding for First Responders
Act
This bill establishes the
State Police Helicopter Replacement Fund and the First Responder’s Fund.
The funds consist of revenue generated from assessed penalties under sections
of the Transportation Article (stated below each fund’s description),
appropriations from the State budget, investment earnings, and money received
from any other source for the fund.�
The State
Police Helicopter Replacement Fund is a continuing, nonlapsing special fund
that may be used only in the procurement of new helicopters and auxiliary
equipment, ground support equipment, and other capital equipment related to
helicopters. Of the penalties assessed under the Transportation Article, the
first $8 million annually will be credited to the State Police Helicopter
Replacement Fund.�
The
Transportation Article pertaining to this fund states that in addition to
penalties already provided in Maryland Vehicle Law for termination or lapse of
required security during its registration year, the Administration may also
assess the owner of a vehicle with the following penalties:
- $100.00 for each vehicle
without the required security for a period of 1-15 days,
- An additional $200.00 for each
vehicle without required security for a period of 16-30 days, and
- An additional penalty of
$9.00/day for the 31st day and each day thereafter
The First
Responder’s Fund is a special, nonlapsing fund that will provide grants
to political subdivisions to pay for equipment and personnel for fire, rescue,
emergency medical service (EMS) entities and local law enforcement
agencies.� The grants from the fund may
be used to purchase, replace, or improve equipment or facilities for fire
rescue, EMS entities, and local law enforcement agencies but may not be used to
pay the salaries of existing personnel.
The
Transportation Article pertaining to this fund states that the Administration
will assess an annual fee of $50.00/point (exceeding 2 points on their driving
record) to a person holding a noncommercial class A, B, C, D, E, or M
driver’s license for a three year period from the date the point was
assessed.� The Administration must send
notice to an individual that the fee has been imposed upon them no more than 30
days after a conviction is posted to the driver’s record.� Failure to pay the assessed fees within the
time period established by the Administration may result in suspension of the
individual’s license.� An
individual may request a hearing upon suspension of their license for the sole
purpose of determining whether or not the Administration had mistaken the identity
of the individual. Of the revenues derived from the imposed fees, the
Administration will retain an amount sufficient to cover the costs needed to
administer the process and the balance shall be distributed among designated
funds. If this bill is passed, the Administration may adopt necessary
regulations to carry out the provisions of this legislation.
Effective
Date:� Various
For more
information, please contact:� Heather
Barthel
HB1458� Maryland Compassionate Use Act
This bill allows
doctors to prescribe medicinal marijuana to patients with terminal or
debilitating medical conditions and protects them against arrest, criminal
prosecution, or disciplinary action by the State Board of Physicians.
The
following medical conditions are considered “terminal or
debilitating”:
- Cancer
- Sickle cell anemia
- Glaucoma
- HIV positive status
- AIDS
- Hepatitis C
- Multiple Sclerosis
- Crohn’s Disease
- Agitation of Alzheimer’s
- Symptoms such as cachexia,
wasting syndrome, severe or chronic pain, severe nausea, seizures, and
severe and persistent muscle spasms
Effective
Date:� October 1, 2006
For more
information, please contact:� Heather
Barthel
Health Care Facilities
HB1015� Maryland Health Care Commission - Certificate of Need
- Health Care Facilities
This bill requires a
Certificate of Need before any of the following capital expenditures are made
by or on behalf of a related institution.�
These include any expenditure that, under generally accepted accounting
principles, is not properly chargeable as an operating or maintenance expense
if:
- The expenditure is made as a
part of a replacement of any plant and equipment of the related
institution and exceeds a cost set by the Commission after adjustment for
inflation as provided in the regulations of the commission,
- The expenditure results in a
substantial change in bed capacity for the facility,
- The expenditure results in the
establishment of a new medical service in a facility that would require a
CON, and
- Any expenditure that is made to
lease or, by comparable arrangement, obtain any plant or equipment for the
health care facility, if the expenditure made as part of an acquisition,
improvement, or expansion, and, after adjustment for inflation as provided
within the regulations of the Commission, the total expenditure, including
the cost of each study, survey, design, plan, working drawing,
specification, and other essential activity exceeds a cost specified by
the Commission.
Effective
Date:� June 1, 2006
For more information,
please contact:� Heather Barthel
HB1105� Hospitals - Certificate of Need and Rate-Setting -
High Performance Buildings
The bill provides that when the Maryland Health Care
Commission adopts rules and regulations for applying for and issuing
Certificates of Need, the Commission will provide consideration for hospital
projects that incorporate the requirements for a high performance building, as
defined in current State Law (� 3-602(D)(1)(I) of the State Finance and
Procurement Article).� The bill also
provides that in the determination of reasonable rates for each facility the
Health Services Cost Review Commission shall take into account the costs of
hospital projects that incorporate the requirements for a high performance
building.
Effective
Date:� October 1, 2006
For more
information, please contact:� Heather
Barthel
Health Care Practitioners
SB0398� State Board of Physicians - Sunset Extension and
Program Evaluation
This bill extends the
termination date of the State Board of Physicians (MBP) from July 1, 2007 to
July 1, 2009.� This bill also makes a
variety of changes to Board operations and funding, as described below.
Distribution of Fees
The bill
requires MBP to return $25 to each physician-licensee for unused fees
previously collected for physician rehabilitation services.� The bill requires MBP to pay all collected
fees, including physician assistant fees, to the Comptroller of the State. If
the Governor does not include at least $750,000 in the budget for the operation
of the Health Manpower Shortage Incentive Program (Health Manpower Program) and
the Janet L. Hoffman Loan Assistance Repayment Program (Hoffman Program), the
Comptroller must distribute: (1) 14% of the fees to the Office of Student
Financial Assistance (OSFA) to be distributed evenly between two specified loan
and grant programs for health profession students; and (2) the remainder of the
fees to the MBP Fund. If the Governor includes at least $750,000 in the budget
for these programs, the Comptroller must distribute all fees to the MBP Fund.
The bill
abolishes the Physician Rehabilitation Committee, repeals the requirement that
MBP contract with a nonprofit entity for physician rehabilitation services, and
provides for a physician rehabilitation program that can be run by the Board or
an outside entity with whom the Board contracts. The bill also eliminates the
exclusion from MBP’s current fee distribution structure the $50 fee charged
to licensees used to fund physician rehabilitation and peer review activities.
Disciplinary Actions and Procedures
The bill
requires disciplinary proceedings following formal charging by MBP to be open to
the public, providing that the licensee or the complainant may, for good cause
shown, request the proceeding to be closed. The bill also requires MBP to adopt
regulations that specify when a proceeding may be closed for good cause shown.
The bill
authorizes MBP to impose a civil penalty of up to $1,000 against a hospital,
related institution, alternative health system, or employer for failure to file
with the Board a report that the care provider limited, reduced, otherwise
changed, or terminated any licensed respiratory care practitioner, certified
radiation oncology/therapy technologist, certified medical radiation
technologist, or certified nuclear medicine technologist for any reasons that
might be grounds for disciplinary action.
The bill
maintains exceptions to these filing and reporting requirements for: (1)
respiratory
care practitioners and technologists who are in an alcohol or drug treatment
program; and (2) if the action or condition of the practitioner or technologist
did not cause injury to any person during the practice of the practitioner or
technologist. All penalties collected under these provisions must be remitted
to the general fund.
The bill
also prohibits licensed physicians, hospitals, related institutions,
alternative health systems, or employers from employing uncertified radiation
oncology/therapy technologists, medical radiation technologists, or nuclear
medicine technologists. The bill authorizes the board to impose a civil penalty
of up to $1,000 for violations of this provision. Such penalties would be paid
into the general fund.
Reporting
The Board,
the Administrative Office of the Courts, and the chief judge of the District
Court must develop a procedure to facilitate the reporting of information
regarding conviction of or entry of a plea of guilty or nolo contendere by a
physician for any crime involving moral turpitude by the court to the Board.
The
legislature, The Department of Health and Mental Hygiene (DHMH), and the Office
of the Attorney General must review the process for the investigation of
self-referral cases by health occupations boards; findings and recommendations
regarding a revised process must be reported to the Governor and specified
legislative committees by July 1, 2006.
The board
and DHMH also must report to the Governor and specified legislative committees,
by July 1, 2006, on a jointly developed strategy to reduce investigative
caseloads and complaint backlogs at MBP. The Board must reduce investigative
caseloads and complaint backlogs by July 1, 2007.
In lieu of
a standard program evaluation, before the new termination date, the Department
of Legislative Services (DLS) must report to the Governor and specified
legislative committees by November 1, 2007, on MBP’s complaint resolution
process and any other matter DLS determines should be included in the report.
DHMH and
the Department of Budget and Management (DBM) must, by September 1, 2006: (1)
review job classifications for investigators at MBP and other health
occupations boards; (2) determine if job classifications for investigative
positions are appropriate to the skill levels required by investigators; (3)
recommend revised job classifications if it is determined to be appropriate;
and (4) report to the Governor and specified legislative committees on the
findings, recommendations, and any changes necessary to implement the
recommended changes.
Administrative Changes
The bill
repeals the requirement that the Board elect a secretary-treasurer and requires
MBP to make regulatory changes to reflect Board procedures and to implement
recommendations made in the Report on the Maryland Board of Physicians’
Investigative Processes and Optimal Caseload (2004).
The bill
also amends the statute regarding confidentiality of records to account for the
fact that the Board is no longer required to use the Medical and Chirurgical
Faculty of the State of Maryland (MedChi) for peer review services and can
contract with another nonprofit entity to provide these services.
The bill
cross references the definition of “performing acupuncture” under �
14-504 of the Health Occupations Article into the definition of “practice
medicine.
Effective
Date:� June 1, 2006
For more
information, please contact:� Heather
Barthel
Mental Health
HB1550� Involuntary Admission Hearings - Procedure
The bill amends
current statute regarding procedures for involuntary admission hearings, adding
the following provisions:
- �the petition for the emergency evaluation
must be shared with the individual and the individual's lawyer at least 1
hour before the hearing
- the author of the petition
shall be present at the hearing or be available by conference call, and
shall provide information concerning academic credentials and experience
- individuals who are referred to
and relied upon in the hearing for information related to the individual
subject to the petition shall be identified by academic credentials,
experience and age
- if the information provided by
an individual leads to the commitment of the individual subject to the
hearing, the individual providing the information must be present at the
hearing or be available by conference call
The bill
also states that a first year medical resident may not be considered an expert
witness at the hearing and that an administrative law judge may not use the clear
and convincing evidence standard when considering the opinion of a first year
medical resident.� To qualify as having
examined the individual subject to the hearing, the certifying physician shall
provide evidence that the physician personally examined the individual,
observed the individual in close proximity, and attempted at least once to
engage in conversation with the individual.�
A phone conversation with a third part prior to the hearing does not
qualify as an examination of the individual subject to the hearing.
Effective
Date:� October 1, 2006
For more
information, please contact:� Sheila
Higdon
Miscellaneous
HB1073� Minimum Wage - Implementation of Increased Minimum
Wage
This bill would allow an employer to delay the payment
of the minimum wage rate and tip credit established by Chapter 2 of the Acts of
the General Assembly of 2006 for not more than 10 days after the effective date
of the Act which was February 16, 2006.
Effective
Date:� Emergency Measure
For more
information, please contact:� Nicole
Xander
HB1525� Electric Industry Restructuring - Standard Offer
Service
This bill requires the
Public Service Commission to extend the obligation to provide standard offer
service to residential and small market commercial electricity customers
participating in standard offer service through a competitive process that is
designed to obtain the best price for these customers in light of market
conditions at the time of procurement.�
Standard offer service remains effective even if the Commission
subsequently finds that the electrical supply market has become competitive or
that an acceptable competitive proposal has been accepted to serve residential
and small market commercial electricity customers.
If this
bill passes, presently existing obligations or contract rights may not be
impaired in any way by this Act.
Effective
Date:� June 1, 2006
For more
information, please contact:� Heather
Barthel
SB0561� Electricity Suppliers - Customers - Contact Information
and Electricity Usage Data
This bill requires that an electricity supplier
provide contact information of each customer along with their previous
year’s electricity usage upon request of another electricity supplier.
Effective
Date:� October 1, 2006
For more
information, please contact:� Heather
Barthel
SB0936� Public Utility Companies - Steam Heating Companies
This bill adds steam heating companies to the list of
public service companies regulated by the Public Service Commission.� A steam heating company is required to verify
and justify adjusted costs that it directly passes on to its customers to the
Commission every month.
Effective
Date:� October 1, 2006
For more
information, please contact:� Heather
Barthel
Prescription Drugs
HB1404� State Board of Pharmacy - Disciplinary Grounds -
Refusal to Dispense Prescription
This bill authorizes the State Board of Pharmacy to
deny a license, reprimand a licensee, place a licensee on probation, or suspend
or revoke a license if the applicant or licensee willfully refuses to dispense
or refill a prescription.
Effective
Date:� October 1, 2006
For more
information, please contact:� Nicole
Xander
HB1459� Health Occupations - Pharmacists - Return of Unfilled
Prescriptions to Retail Customers - Required
HB 1459 requires that
a pharmacist who refuses to fill a prescription presented by a retail customer must
return the prescription to the retail customer at the time it is
presented.� A retail customer who is
injured by a violation of this clause may bring an action against the
pharmacist and the pharmacist's employer to recover the following:
- damages for physical injury and
emotional pain and suffering caused by the violation,
- punitive damages, and
- reasonable attorney and court
fees.
Effective
Date:� October 1, 2006
For more
information, please contact:� Nicole
Xander
SB0568� Prescription Drugs - Canadian Mail Order Plan
This bill requires the
Secretary of DHMH, in consultation with the Secretary of Budget and Management,
to develop a Canadian mail order plan for the purchase and importation of
prescription drugs.� The plan shall
provide prescription drugs to the following:
- State employees and retiree
health and welfare benefits program enrollees,
- Maryland Medical Assistance
Program enrollees,
- Maryland Pharmacy Assistance
Program enrollees,
- enrollees and recipients of any
other State prescription drug program as the Secretary deems appropriate,
- local government employees and
retirees upon the request of a local jurisdiction and execution by the
local jurisdiction and the Department of a memorandum of understanding
(MOU),
- county board of education
employees and retirees upon request and execution of a MOU, and
- any individual in the State
without health insurance or prescription drug coverage.
The
Canadian mail order plan will require a contract with a pharmacy benefit
manager (PBM) to operate the plan; incorporate patient safety features; require
that the cost to both the State and the participant for a prescription drug to
be less than the cost to both the State and participant through retail
purchase; and provide a financial incentive, such as the elimination or
reduction of the co-payment, to participants to purchase prescription drugs
through the Canadian Mail Order Plan.
A report
shall be submitted to the Legislative Policy Committee for review and comment
on the Plan by December 1, 2006 and the Plan shall be implemented by July 1,
2007.
Effective
Date:� June 1, 2006
For more
information, please contact:� Nicole
Xander
Workers Comp
HB0364� Insurers and Health Maintenance Organizations - Prompt
Payment - Workers' Compensation Claims
The bill prohibits an
insurer, nonprofit health service plan, or health maintenance organization from
delaying payment for services that may be covered under a workers' compensation
claim while the issue of compensability of the claim is being determined.� If the injury or medical condition is determined
to be compensable, the carrier may seek reimbursement from the member for whom
payment was made.
A carrier
may not seek reimbursement from the member for an amount exceeding the lesser
of: 1) the amount paid to the provider for the services rendered; or 2) the
amount of the medical fees paid under the workers' compensation claim.� Additionally, the carrier may not seek
reimbursement from the enrollee for interest it may have paid or is obligated
to pay.
Effective
Date:� October 1, 2006
For more
information, please contact:� Nicole
Xander
HB1018� Workers' Compensation - Temporary Total Disability -
Exclusions
This bill provides that an employer is not liable for
temporary total disability benefits under workers’ compensation laws for
an employee who is: (1) either receiving retirement or disability benefits and
is not currently employed; (2) is incarcerated and is not considered a covered
employee of the prison or is not on work release; or (3) within three years
prior to the claim period has not been employed unless the employee has been
receiving temporary total disability or vocational rehabilitation benefits.
Effective
Date:� October 1, 2006
For more
information, please contact:� Nicole
Xander
HB1019� Workers' Compensation Commission - Stay of an Order
Pending an Appeal
This bill authorizes a court, on a motion and after a
hearing, to grant a stay of an order of the Workers’ Compensation
Commission (WCC) regarding accrued additional permanent partial disability
payments. The court may require the party bringing the motion to post a bond or
provide other collateral as a condition of the stay. Payments are stayed until
the court rules on the appeal of the WCC order.
Effective
Date:� October 1, 2006
For more
information, please contact:� Nicole
Xander
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
Heather Barthel [email protected]
Mickey Geisler [email protected]
Sheila
Higdon
[email protected]
Jessica
Hendrix������������������ [email protected]
Nicole Xander��������������������� [email protected]
Bret Schreiber [email protected]
Tom Lewis [email protected]
Cathy Ximenez [email protected]
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