Legislative Hotline
2007 SESSION OF THE
MARYLAND GENERAL ASSEMBLY
Volume 13, Number 5����������������������������������������������������������������������������������������������� February 15, 2007
STATE
Johns
Hopkins Students in Annapolis
Prince
George’s County Hospital Legislation
FEDERAL
The
President’s FY 2008 Budget
BILLS
INTRODUCED
STAFF CONTACT INFORMATION
�STATE
Johns
Six
February 8 was also a day in
At a news conference in
Annapolis on February 7, House leaders announced a $603 million health care
proposal that would extend medical coverage to 250,000 individuals—about
one-third of the uninsured in Maryland.�
Sponsored by Delegate Peter A. Hammen, a
Baltimore Democrat who chairs the House Health & Government Operations
Committee, the proposed legislation extends Medicaid to children from families
with incomes from 300% of the federal poverty level to 400%.� A family earning more than 200% of the poverty
level would pay on a sliding scale for children, and Medicaid would be
available to all higher-income families to cover children at cost, which would
generally be less expensive than private insurance.� The initiative also requires private insurers
to allow young adults to stay on their parent’s plan until age 25, a
component of Governor O’Malley’s health care agenda.
For adults the bill also
raises Medicaid eligibility from 40% of the federal poverty level up to
116%.� Families earning more than 400% of
the poverty level would be required to purchase health insurance or face
penalties of up to $2,000 on their state income tax returns.� The proposal’s budget also includes
$140 million in subsidies for small businesses with less than 50 workers to
help them buy health insurance, $10 million for smoking cessation programs, and
$30 million for substance abuse treatment services.
The $603 million annual cost
estimate for the bill includes about $400 million in state funds but also
relies on federal matching money to expand Medicaid.� The biggest revenue source is the proposed
doubling of the cigarette tax to $2 a pack, which would generate $212 million
in the first year.� House Speaker Mike
Busch strongly supports the initiative.�
Senate President Mike Miller opposes an increase in the cigarette tax, but
has said that even if the legislature were to increase the tax, the money
should be used to help balance the state budget, not to expand access to health
care.� The bill is scheduled for a
hearing this week.� Additional health
care access bills have been introduced in the House and Senate.� Weekly work sessions on health care
initiatives began February 12 in both chambers.
Prince George’s County Hospital Legislation
The severe financial crisis
facing
One is an emergency bill
that establishes the
The other bill requires the
Board of Directors of the
Governor O’Malley has
announced the nomination of four additional Cabinet Secretaries.� Alvin C. Collins, most recently chief of
staff to the Anne Arundel County Executive and previously chief of staff to
Governor Glendening, was nominated Secretary of the
Maryland Department of General Services.�
David W. Edgerley was chosen to lead the
Department of Business and Economic Development.� Edgerley is the former
director of the Department of Economic Development for
Transportation Secretary
John D. Porcari and the Maryland Transportation
Authority (MdTA) Board have selected Ronald L.
Freeland to be Executive Secretary of the Authority.� Freeland served as Administrator of the
Maryland Transit Administration from 1997 to 2001.� In his new position, he will oversee major road construction projects now underway,
including the widening of Interstate 95 north of
On February 8, Governor
O’Malley announced the appointment of Lt. Governor Anthony G. Brown to
the Board of Directors of East Baltimore Development, Inc. (EBDI), a non-profit
organization managing the $1 billion revitalization of an 80-acre portion of
FEDERAL
The President’s FY 2008 Budget
On February 5, the Bush
Administration released its FY 2008 budget with a total spending level of $2.9
trillion (approximately 20% of GDP, the same level of spending as the past five
decades).� Discretionary spending (which
includes research funds) will for the first time exceed $1 trillion.� This excludes spending for the ongoing
conflicts in
The President’s budget
includes $559 billion in tax cuts over the next five years: $42 billion to
extend the R&D tax credit and $36 billion to provide relief from the
alternative minimum tax (AMT) for a single year.� $225 billion would be devoted to making
permanent certain tax cuts enacted in 2001 and 2003.� Excluding war spending, the total deficit for
FY 2007 will be $239 billion (1.65% of GDP).
The President's budget
appears to propose a $232 million increase for NIH with total funding of
$28.321 billion.� However, this is only
an increase relative to the Administration's FY 2007 annualized estimate of
$28.389 billion.� Considering that the FY
2007 Continuing Resolution (CR), net of transfers for Global AIDS and other
programmatic adjustments, provides a total of $28.832 billion—this
funding level actually represents a cut of $511 million.� If enacted into law, this funding level would
continue the erosion of research capacity that was created during the doubling
of the NIH budget, completed in FY 2003.�
When adjusted for inflation, this reduction rises to over $740 million
as compared to the funds in the pending CR bill. �In inflation-adjusted terms, this may cut NIH’s purchasing power by as much as 15% since the
doubling.
The President’s budget
proposes $90.4 billion for federal student financial aid, excluding the costs
of consolidating existing student loans.�
The total represents a $7.3 billion, or 8.8% increase, over FY
2007.� The budget calls for an increase
to the maximum Pell Grant award by $550 to $4,600, and $200 increases each year
thereafter until it reaches $5,400 in FY 2012.�
The budget also proposes to increase funding for Academic
Competitiveness Grants (ACG) for first- and second-year undergraduates, and
Science and Mathematics Access to Retain Talent (SMART) grants for third- and
fourth-year undergraduates.� The budget
also proposes the elimination of over 40 student financial aid programs
totaling $3.5 billion and including the Perkins Loan Program, the Federal
Supplemental Educational Opportunity Grants (SEOG), and the Leveraging
Educational Assistance Partnerships (LEAP).�
In addition, funding for the Work-Study program would be frozen at the
FY 2007 level of $980 million.
The President’s budget
proposes to eliminate all title VII health professions education programs, with
the exception of $10 million for Scholarships for Disadvantaged Students.� In addition, it proposes a 30% cut in federal
support for nurse training programs to $105 million.
The President’s budget
proposes a nearly $66 billion reduction in the Medicare program over the next 5
years (rising to $252 billion over 10 years).�
The cuts come from changes in premiums and benefits (approximately $22
billion) and reductions to providers (approximately $44 billion, $10 billion of
which might be implemented via regulatory changes).
Reduction for
fee-for-service providers will total nearly $30 billion over 5 years from
permanently instituting a market basket update, minus 0.65% for most providers
including hospitals, skilled nursing facilities, hospices, and inpatient
rehabilitation facilities.� Payments to
home health agencies will be frozen through 2012, then receive a market basket
update, minus 0.65% in 2013 and beyond, resulting in reductions of nearly $10
billion.� In addition, the President does
not include any funding to alleviate the impending cut in the SGR which, due to
the terms of the fix for calendar year 2007, results in a potential 10%
reduction in 2008.
The President’s budget
includes a nearly $11 billion reduction in Medicaid over the next 5 years.� An additional $12.7 billion reduction may arise
from administrative reforms.� While the
budget assumes an additional $4.2 billion over 5 years ($9.7 billion over 10
years) for the reauthorization of the State Children’s Health Insurance
Program (SCHIP)—this amount will not be sufficient to cover funding
shortfalls facing the program.
The President’s budget proposes
$10.483 billion for the Science Aeronautics, and Exploration account within
NASA.� While this exceeds the level
pending in the FY 2007 CR by $408 million, funding allocated to most
directorates would be below the CR level.�
For the National Science Foundation, the budget proposes $6.449 billion,
an increase of $533 million or 9% over the still-pending FY 2007 CR.� This increase is in line with those proposed
in the President’s American Competitiveness Initiative (ACI) announced
last year.� Similarly, the budget
proposes $4.4 billion for the Department of Energy Office of Science, an
increase of $604 million or 15.9%.
BILLS INTRODUCED
Business Operations
HB0430� State Procurement Contracts - Living Wage
This bill would
require employers to pay at least $11.95 per hour, to be adjusted for inflation
each year, provided that the employee dedicates at least half of their work
week to a state-contract, is 18 years of age or older, and works at least 13
consecutive full-time weeks.� This wage
may be proportionally reduced to cover the costs of health care.
The
employer must visibly post (in English, Spanish, and any other language common
among the employees) the living wage rate, the employee’s rights under the
bill, and the name, address, and telephone number of the Commissioner of Labor
and Industry.� Failure to do so is
punishable by a fine of up to $50.
The bill
provides procedures for investigating and resolving complaints regarding wages
and provides penalties for employers in violation of the bill or who retaliate
against whistleblowers.� It also provides
legal recourse for underpaid employees.
�
The bill
does not apply to contracts with a public service company, with a non-profit
organization, between units (or between a unit and a county or Baltimore City),
or for services needed immediately in response to a threat to public health or
safety.
Effective
Date:� October 1, 2007
For more information,
please contact:� Matt Greenwood
General Education
HB0370� Distribution of Lottery Proceeds - Public Schools
This bill redirects non-sports lottery proceeds from
the General Fund of the state to the public school systems of the state.� The redirected funds are to be distributed in
proportion to the amount of lottery proceeds collected from an area.� School systems would be required to use the
funds for operational expenses.� These
funds are intended to be supplementary, and may not supplant any other funding
to which the schools would normally be entitled.
Effective
Date:� October 1, 2007
For more
information, please contact:� Matt
Greenwood
HB0389� Education - Maryland Public School Supplemental Fund -
Lotteries
This bill establishes a Maryland Public School
Supplemental Fund and outlines how the fund will operate.� It provides for the education lottery funds collected
in each county to be redistributed to the public schools of that county
alone.� It requires the State Lottery
Agency to conduct at least two, but not more than four, educational lotteries
during each fiscal year for the benefit of the Maryland Public School
Supplemental Fund, and to clearly identify these lotteries as educational
lotteries.
Effective
Date:� July 1, 2007
For more
information, please contact:� Matt
Greenwood
General Health Care
HB0461� Prostate Cancer Pilot Program
This bill establishes the Prostate Cancer Pilot
Program to provide prostate cancer screening to at least 500 uninsured men who
are at least 40 years old.� The pilot
program would operate in 2 jurisdictions of the state that have a high
incidence of prostate cancer death, as determined by the Department of Health
and Mental Hygiene (DHMH).� The Program
will also provide referral, treatment and outreach/education services.� Funding for the Program may not supplant
existing public or private funds for the above-described services.� Grants will be provided to local health
departments, FQHCs, or community health centers identified by DHMH to
administer the Program.� The bill also
requires DHMH to report to the Governor and General Assembly by September 1,
2009 on the number of individuals screened and treated by the Program and any
cost savings achieved by the Program as a result of early detection of prostate
cancer.
Effective
Date:� October 1, 2007
For more information,
please contact:� Sheila Higdon
SB0339� Drug Treatment - Study of the State's Approach to Drug
Treatment and the Feasibility of Communal-Setting Treatment
Under the provisions of this bill, by December 1,
2007, the Director of the Alcohol and Drug Abuse Administration is required to
study and report on the findings regarding the State's approach to drug
treatment and the feasibility of communal-setting treatment, including (1)
actual drug treatment, (2) skill training, (3) career training, and (4) housing
possibilities.
Effective
Date:� June 1, 2007
For more
information, please contact:� Nicole
Xander
Health Care Facilities
HB0510� Prince George's County Hospital Authority PG 430-07
This emergency bill establishes the Prince
George’s County Hospital (PGCH) Authority whose mission is to develop a
long term strategy for delivering hospital and related health care services in
the County, and who will be authorized to levy a supplemental county real
estate tax beginning January 2008.� The
Authority will also be empowered to negotiate with Prince George’s County
to acquire legal title to any facilities under the control of or occupied by
Dimensions, and may also negotiate with entities--including for-profits and
nonprofits, inside and outside of the state--for the sale or transfer of PGCH.
Effective
Date:� Emergency Measure
For more
information, please contact:� Sheila
Higdon
SB0449� Creation of a State Debt - Shore Health System
This bill authorizes a State grant of $500,000 to
Shore Health System for the planning, design, renovation, construction, and
capital equipping of the emergency department of Dorchester General Hospital.
Effective
Date: �June 1, 2007
For more
information, please contact:� Sheila
Higdon
Long Term Care/Nursing Homes
SB0630� Maryland Medical Assistance Program - Community Choice
Program Excluded Populations
This bill requires the Secretary of Health and Mental Hygiene
to exclude from the community choice program adults who meet the enrollment
criteria for the living at home waiver, unless that adult chooses to enroll in
the community choice program.
Effective
Date:� June 1, 2007
For more
information, please contact:� Sheila
Higdon
Medical Liability
SB0651� Medical Malpractice Liability Insurance - Garrett
County Memorial Hospital - Subsidy for Family Practitioners Who Also Perform
Obstetrical Services
This bill requires that a subsidy be provided to family
practitioners with staff privileges at Garrett County Memorial Hospital and who
also provide obstetrical services at Garrett County Memorial.� The amount of the subsidy is to be an amount
equal to 75% of the difference between the policyholder's premium for calendar
years 2007 to 2009 and the premium that otherwise would be payable in those
calendar years if the policyholder was not providing obstetrical services.
Effective
Date:� July 1, 2007
For more
information, please contact:� Nicole
Xander
Minority Health Disparities
HB0462� Office of Minority Health and Health Disparities -
Grant Program and Funding
This bill designates the Office of Minority Health and
Health Disparities the state agency for minority health and health disparities
programs.� It also establishes a
disparities grant program within the Office to provide grants to community
based organizations, historically black colleges and universities, community
based organizations and other health care providers to reduce health care
disparities.� The Office will establish
grant criteria, an evaluation system to determine the efficacy of programs
funded through the grants, and will require grantees to comply with the
evaluation system.� Funding for the
Office will be through the Cigarette Restitution Fund and with general and
federal funds.� For each fiscal year, at
least $2.6 million will be used to fund the Office and the funds may not
supplant funds made for another program prior to fiscal year 2009.
Effective
Date:� July 1, 2007
For more
information, please contact:� Sheila
Higdon
Miscellaneous
SB0348� Child Fatality Review Teams - Access and Disclosure of
Information
This bill requires
that local Child Fatality Review Teams be given access to information and records,
including information on prenatal care, maintained by a health care provider
regarding a child whose death is being reviewed by a local team or a child
convicted of a crime that caused the death or near fatality being reviewed.
It also
states that during a public meeting, information may not be disclosed that
would identify (1) a deceased child, (2) a family member, guardian, or
caretaker of a deceased child, (3) an alleged or suspected perpetrator of abuse
or neglect upon a child, or (4) a child convicted of a crime that caused the
death or near fatality of another child.
Effective
Date:� October 1, 2007
For more
information, please contact:� Nicole
Xander
SB0392� Election Law - Voting Systems - Voter-Verified Records
This bill is very
similar to HB18 (Election Law - Voting Systems - Voter-Verified Records).� However, this is an emergency measure
including more detailed definitions of terms, and ties itself to federal law in
the form of the Americans With Disabilities Act and the Help America Vote Act.
This bill
requires voting systems to create a paper record of an individual’s vote
and allow that paper record to be inspected by the individual prior to the
official casting of the vote.� Detailed
description is given as to what would represent an acceptable paper record.� The voter would then be provided an
opportunity to correct any errors.� The
paper record would be preserved and considered the “official, true and
correct record” in the event of an audit.�
Requirements
are outlined to aid disabled voters.�
Posting of election results outside the polling place and online is made
mandatory, as is secure public review of the paper vote records.
Each local
election board would be compelled to conduct a “random audit hand
count” in no less than 5% of all of their polling places to compare the
voting system results to the paper records and outlining the conditions under
which this audit will take place.�
Corrective procedures are outlined should any inconsistencies be
discovered between the voting system results and the paper records.�
A public
demonstration of the voting systems would be required before each election.
Specific
record-keeping instructions are given regarding the votes and the voting
systems.
Effective
Date:� Emergency Measure (Effective upon
enactment)
For more
information, please contact:� Matt
Greenwood
Research/Human Subject
SB0436� Retrieval of Oocytes - Prohibition
The bill prohibits a person from retrieving oocytes to
be used or donated for research purposes.��
A person who offers, solicits, retrieves, or otherwise encourages a
person to use or donate oocytes for research is guilty of a felony on
conviction and is subject to imprisonment up to 10 years and/or a fine of up to
$200,000.� In addition, a person who
violates the provisions of this bill is subject to denial of licensure, certification,
or any other form of permission required to engage in trade, occupation, or
profession regulated by the State.
Effective
Date:� October 1, 2007
For more
information, please contact:� Sheila
Higdon
SB0578� Health - Donations - Oocytes
This bill requires that the medical history of an individual
who donates oocytes be made available to children conceived using the donated
oocytes and the parents or guardians of children conceived using the donated
oocytes.� The bill also requires an
individual who donates oocytes to give written consent for the donation and to
the provisions required in this bill, and prohibits compensation for the
donation of oocytes except for reimbursement of direct expenses incurred as a
result of a donation procedure.� Finally,
the bill imposes civil penalties for anyone found guilty of offering to
compensate, or compensating, anyone for the donation of oocytes.
Effective
Date:� October 1, 2007
For more
information, please contact:� Sheila
Higdon
SB0671� State-Funded Stem Cell Research - Stem Cell Research
Commission - Abstract
This bill amends
current law regarding applications for state-funded stem cell research grants
by requiring each applicant to submit an abstract as part of their
proposal.� The abstract is to include the
following:
-description
of the proposal
-statement
of the long-term objectives of the proposal
-description
of the research design and methods
-reference
to the health-relatedness of the proposal
In
addition, the abstract is to be informative to other persons working in the
same or related field and, to the extent possible, be understandable to scientifically
or technically literate lay persons without containing proprietary or
confidential information.� The bill also
requires the Stem Cell Research Commission to establish guidelines about the
abstract and requires the Commission to publish the abstract on TEDCO's
website.
Effective
Date:� October 1, 2007
For more
information, please contact:� Sheila
Higdon
Workers Comp
SB0599� Health - Disclosure of Medical Records - Cases Before
the Workers' Compensation Commission
This bill requires health care providers to disclose
medical records without the authorization of a person of interest in accordance
with a subpoena for a case before the Workers' Compensation Commission.� This bill would be subject to additional
limitation for a medical record developed primarily in connection with the
provision of mental health services.
Effective
Date:� October 1, 2007
For more
information, please contact:� Nicole
Xander
SB0602� Workers' Compensation - Temporary Total Disability -
Exclusion
This bill provides that an employer is not liable for
the payment of temporary total disability compensation for any employee who is
incarcerated and is not a covered employee or participating in a work-release
program.
Effective
Date:� October 1, 2007
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 410-269-1574
State
Jessica Best���������������� [email protected]
Mickey Geisler� ����������� [email protected]
Matthew
Greenwood���� [email protected]
Sheila Higdon��� ����������
[email protected]
Tom Lewis������� ���������� [email protected]
Nicole Xander������������� [email protected]
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