Legislative Hotline

2007 SESSION OF THE
MARYLAND GENERAL ASSEMBLY

 

 

 

Volume 14, Number 6����������������������������������������������������������������������������������������������� February 22, 2007

 

 

STATE

DR. BRODY ON THE ROAD

CONSUMER PROTECTION LEGISLATION

SUPPORT FOR HEALTH CARE ACCESS AND LIFE SCIENCES INITIATIVES

UPDATE ON PRINCE GEORGE’S COUNTY HOSPITAL LEGISLATION

APPOINTMENTS

 

 

FEDERAL

MENTAL HEALTH PARITY ACT OF 2007


BILLS INTRODUCED
STAFF CONTACT INFORMATION

STATE

 

Dr. Brody On the Road

On February 13, Dr. Brody traveled to Annapolis for individual meetings with the Governor, the Presiding Officers of the General Assembly, and other legislative leaders.Dr. Brody had an opportunity to thank each of them for their support of Johns Hopkins and to discuss Johns Hopkins’ legislative priorities, as well as potential collaborations with the State in the areas of nanotechnology and competitiveness.In addition, Dr. Brody met with Senator Verna Jones, Chair of the Legislative Black Caucus, to provide an update on diversity initiatives at Johns Hopkins.

 

On February 14, Dr. Brody and Johns Hopkins Trustee Emeritus Norm Augustine met in Washington, D.C. with Senator Barbara Mikulski, Chair of the Appropriations Subcommittee on Commerce, Justice & Science, Senator Thad Cochran, Ranking Member of the Appropriations Committee, and Congressman Alan Mollohan, Chair of the House Appropriations Subcommittee on Commerce, Justice & Science to discuss federal funding for basic science research.They discussed NIH, NSF, NIST, NASA, and the Department of Energy Office of Science and the need to keep members of Congress interested in policies that foster innovation and enhance American competitiveness.

 

Consumer Protection Legislation

Last week the House Economic Matters Committee debated several proposals aimed at protecting consumers against identify theft.One such bill has gained widespread support in the business community.Identical to legislation that passed the Senate last year, this bill requires businesses to take precautions when destroying personal information and to investigate and promptly notify individuals when their information has been lost or stolen.

 

Support for Health Care Access and Life Sciences Initiatives

The General Assembly held hearings last week on two proposals in Governor O’Malley’s legislative agenda that are of particular interest to Johns Hopkins.One bill would create a Maryland Life Sciences Advisory Board to develop a comprehensive plan to encourage life sciences companies, and federal and university-based institutions to invest in Maryland.The other would create a Task Force on Health Care Access & Reimbursement to review the compensation levels of Maryland’s health care providers and the amount of uncompensated care they provide as well as trends in uncompensated care.Representatives of Johns Hopkins provided testimony in strong support of both of these bills.

 

Update on Prince George’s County Hospital Legislation

Two bills were debated in the House Health and Government Operations Committee on February 15 in regard to the dire financial situation at Prince George’s County Hospital.One bill would create a Prince George’s County Hospital Authority to oversee the hospital, and the other would compel the University of Maryland Medical System to attempt to acquire the hospital.The hearing centered on the testimony of the Secretary of Health and Mental Hygiene John Colmers.The Secretary favored the former bill, indicating that he would feel comfortable recommending to the Governor that further state funds be used to aid the hospital, should the bill be amended to include a long-term plan which would bring the hospital back into financial solvency.The majority of the committee expressed a desire to work towards creating a long-term plan to save the hospital, while some members were more skeptical, questioning the feasibility of funding such a plan and whether the cost could be justified to taxpayers.

 

Appointments

On February 16, Fred Puddester, Chief Budget Officer of Johns Hopkins University, was nominated for appointment to the Maryland Stadium Authority.Steven Larsen, executive vice president of Amerigroup Corporation, Inc. and former Maryland Insurance Commissioner, was nominated by the Governor to serve as Chairman of the State’s Public Service Commission (PSC).Clarence Bishop, Martin O’Malley’s Chief of Staff when he was Mayor of Baltimore, has been appointed Deputy Secretary of the Maryland Department of Business and Economic Development.

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FEDERAL

 

Mental Health Parity Act of 2007

On February 14, the Senate Health, Education, Labor & Pensions Committee approved 18-3 mental health parity legislation (S. 558) introduced by Senators Pete Dominici (R-NM), Edward Kennedy (D-MA), and Michael Enzi (R-WY).The bill would require group health plans that offer mental health benefits and cover more than 50 employees to give the same benefits for mental health treatment as they do for physical illness.The bill does not mandate that a group health plan offer mental health coverage.It next moves to the full Senate for consideration.

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BILLS INTRODUCED

Budget – Capital

Economic Development

Environmental Health

Financial Aid

General Health Care

Health Care Facilities

Health Care Practitioners

Health Insurance

Higher Education

Long Term Care/Nursing Homes

Medicaid

Medical Liability

Minority Health Disparities

Prescription Drugs

Public Health

Research/Human Subject

Taxes/Tax Policy

Workers Comp


BILLS INTRODUCED

Budget - Capital

SB0794 Creation of a State Debt - Western Maryland Health System

This bill authorizes a state grant of no more than $1 million to Western Maryland Health System, Inc. for the planning, design, renovation, expansion, repair, construction, and capital equipping of the replacement obstetrical unit in Cumberland.

 

Effective Date:June 1, 2007

 

For more information, please contact:Sheila Higdon

 

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Economic Development

SB0614 Physicians - Delegation of Duties - Nonphysician Surgical Assistants

This bill requires the State Department of Assessments and Taxation and the Department of Business and Economic Development to submit a Unified Property Tax Exemption and Credit Report and an Economic Development and Tax Incentive Report, respectively, each year to the Maryland General Assembly. The report is to list all tax credits, tax increment financing, loans and grants from state agencies for every company that receives one of the listed benefits in the prior year.

 

Effective Date:July 1, 2007

 

For more information, please contact:Tom Lewis

 


SB0689 Maryland Nonprofit Development Center Program

This bill establishes the Maryland Nonprofit Development Center Program within the Department of Business and Economic Development.The program would be charged with fostering, supporting, and assisting the economic growth and revitalization of nonprofit entities in Maryland.

 

The bill also establishes an eponymous fund to support the Program’s activities.The fund would in part be supported by increasing the annual fee collected from charitable organizations as follows (with all the additional fee revenue being directed to the fund):

 

  • Nonprofits collecting $25,000 - $50,001 in donations from the public will see their fees increase from $50 to $70,
  • Nonprofits collecting $50,001 - $75,001 in donations from the public will see their fees increase from $75 to $105,
  • Nonprofits collecting $75,001 - $100,001 in donations from the public will see their fees increase from $100 to $140, and
  • Nonprofits collecting at least $100,001 in donations from the public will see their fees increase from $200 to $280.

 

The bill requires one established private nonprofit that meets certain criteria to receive grants to implement the program.

 

Effective Date:October 1, 2007

 

For more information, please contact:Tom Lewis



SB0778 Job Skills Advancement Training Program

This bill establishes a Job Skills Advancement Training Program to be administered by the Maryland Department of Labor, Licensing & Regulation for awarding grants to local workforce investment boards for employer-based, in-house job skills advancement training programs and job skills advancement training programs developed in collaboration with institutions of postsecondary education or other training providers.

 

The Department is to develop eligibility criteria for individual and employer participation in the Program and for awarding grants to local boards through an application process.At least 25% of the total funds provided under the Program are to be used for the training of low-income workers.

 

A local workforce investment board that receives a grant under the Program must develop an assessment process to identify eligible individuals, develop and implement an outreach program, assist individuals who have completed training in obtaining employment with increased wages and benefits, and collect data for annual reporting by the Department to the Governor and General Assembly.

 

In addition to the job skills advancement training and wraparound services provided directly to eligible individuals, a local board that receives a Program grant must work in cooperation with local employers to identify and develop approved employer-based training programs funded with a minimum contribution of at least 50% in matching funds by the employer.These programs may range from short-term training in specific skills to postsecondary education classes over a longer period of time and must include agreed-on processes to follow up with employers and evaluate the success of the training.

 

It is the intent of the General Assembly that beginning in fiscal year 2009, at least $200,000 be included each year in the State budget for the Job Skills Advancement Training Program.

 

Effective Date:July 1, 2007

 

For more information, please contact:Matt Greenwood

 

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Environmental Health

HB0786 Stormwater Management Act of 2007

This bill requires all those with zoning authority to update their zoning ordinances to allow for the implementation of environmental site design techniques in stormwater management practices.Environmental site design techniques are defined as design techniques which are intended to maintain the predevelopment hydrologic and water quality regime of the building site.

 

The bill requires the Department of the Environment (DOE) to adopt regulations specifying a model ordinance and criteria that all stormwater management plans will be designed to achieve.

 

The regulations are also required to specify that environmental site design techniques are the primary method for managing stormwater, with standard best management practices now only to be used as a back up, and that the burden of proof is on a developer to show that the use of environmental site design techniques is not practical.The bill also requires the regulations to establish a comprehensive process for approving grading, sediment control, and stormwater management plans, and requires a review of DOE’s Stormwater Management Fee System.

 

Effective Date:October 1, 2007

 

For more information, please contact:Matt Greenwood

 

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Financial Aid

SB0604 Higher Education - Senatorial Scholarships

This bill repeals a requirement to take an examination as part of the application process for a senatorial scholarship.This bill also changes the maximum amount of an award from $2,000 to whatever is the amount set for tuition and fees at the University of Maryland, College Park in a particular year. The bill also repeals limitations on the use of Senatorial Scholarships for summer school.

 

Effective Date:October 1, 2007

 

For more information, please contact:Tom Lewis

 

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General Health Care

HB0797 Study of Health Care Services for Children with Life-Threatening Medical Conditions

This bill requires the State Advisory Council on Quality Care at the End of Life and the Maryland Health Care Commission to jointly study the current services and potential care delivery alternatives for the care of children with life-threatening medical conditions.The study is to examine the availability of palliative care services under the Maryland Medical Assistance Program and privately funded insurance for children diagnosed with a life-threatening medical condition. The study will also analyze the impact in states that have adopted the Children’s Hospice International Program for All-Inclusive Care for Children and their Families or other palliative care demonstration projects, including whether such programs may result in the reallocation of resources for more effective care within the parameters of overall budget neutrality.Results of the study are due to be presented to the Governor and the General Assembly by December 1, 2007.

 

Effective Date:July 1, 2007

 

For more information, please contact:Sheila Higdon

 

 


HB0979 Regional Health Data Exchange

This bill alters the uses of the Community Health Resources Commission Fund to provide funding for a regional health data exchange among primary and specialty care providers, hospitals, and other providers of services to community health resource members.The funding for this purpose is to be limited to $1.7 million annually.

 

The bill also directs the Health Services Cost Review Commission (HSCRC) to provide funding through hospital rates of $10 million each year, for 3 years beginning in FY 2008, to establish a regional health data exchange that provides connections among hospitals and health care practitioners.Funding eligibility requirements are included in the bill.Additionally, the Department of Health and Mental Hygiene (DHMH) is directed to encourage health care practitioners and hospitals to validate available elements of previous medical care available through a regional health data exchange and to encourage hospitals to provide emergency department and inpatient discharge summary data to the regional health data exchange by December 31, 2008.Finally, the bill requires the Maryland Health Care Commission, the HSCRC, and the Maryland Patient Safety Center to support the regional health data exchange as a patient safety initiative.

 

Effective Date:July 1, 2007

 

For more information, please contact:Sheila Higdon



SB0594 Maryland Biomedical Product Development Fund

This bill establishes the Maryland Biomedical Product Development Fund to be used for grants to support for-profit entities located in Maryland in the research and development of biomedical treatments or devices to address smoking related disease. Monies for the fund are to be raised from an increase in the tobacco tax of 15 cents (from the current $1).

 

Effective Date:July 1, 2007

 

For more information, please contact:Tom Lewis



SB0620 Health Services Cost Review Commission - Repeal of Commission and Study of Alternative Financing of Uncompensated and Undercompensated Care

This bill abolishes the Health Services Cost Review Commission (HSCRC) and repeals its duties related to setting hospital rates in the state.The Maryland Health Care Commission (MHCC), in consultation with the Maryland Insurance Administration, must conduct a study on consumer-based methods of providing health insurance to the uninsured and consumer-based methods of funding uncompensated and undercompensated care.MHCC must report its findings to the Governor and the General Assembly by October 1, 2009.

 

Effective Date:Various

 

For more information, please contact:Tom Lewis



SB0774 Task Force on the HPV Vaccine

This bill establishes a Task Force on the HPV vaccine to examine federal and State programs on the HPV vaccine and recommend a plan to implement a vaccine program in Maryland including:

  • the appropriate age requirements for a female to receive the HPV vaccine,
  • the use of a mandatory HPV vaccine for female children,
  • the availability and affordability of the HPV vaccine, and
  • a public education campaign for the HPV vaccine.

 

The Task Force is to report its findings and recommendations to the Governor and the General Assembly by December 1, 2008.Membership of the Task Force will include a member of the House of Delegates, a Senator, and one representative from each of the following:

  • Maryland Department of Education,
  • Maryland Association of Boards of Education,
  • Maryland Association of County Health Officers,
  • physician member from Med Chi, appointed by Med Chi,
  • physician member of the Maryland Chapter of the American Academy of Pediatrics, appointed by the organization,
  • member of a pharmaceutical company that manufacturers the HPV vaccine,
  • two consumer members, appointed by the Governor, and
  • one representative of the health insurance industry, appointed by the Governor.

 

Effective Date:July 1, 2007

 

For more information, please contact:Sheila Higdon

 

 

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Health Care Facilities

HB1137 Hospitals - Safe Patient Lifting

This bill requires hospitals to establish a safe lifting committee by December 1, 2007, with equal membership from management and employees.By July 1, 2008, the Committee is to develop a safe patient lifting policy for the hospital.The goal of the policy is to reduce employee injuries associated with patient lifting.The Committee should consider, based on the patient population of the hospital, the appropriateness and effectiveness of:

  • developing or enhancing patient handling hazard assessment processes,
  • enhanced use of mechanical lifting devices,
  • developing specialized lifting teams,
  • training programs for safe patient lifting required for all patient care personnel,
  • incorporating physical space and construction design for mechanical lifting devices in any architectural plans for hospital construction or renovation, and
  • developing an evaluation process to determine the effectivess of the policy.

 

Effective Date:October 1, 2007

 

For more information, please contact:Sheila Higdon

 


SB0837 Hospitals and Nursing Facilities - Health Care-Associated Infections Prevention and Control Program

This bill requires each hospital and nursing facility to establish a health care-associated infections prevention and control program based on guidelines prepared by the Society for Health Care Epidemiology of America that require:

  • identification of colonized or infected patients through active surveillance cultures,
  • isolation of identified patients in an appropriate manner, and
  • strict adherence to hand washing and hygiene guidelines.

 

The Department of Health and Mental Hygiene (DHMH), in consultation with the Maryland Hospital Associaiton, the Health Facilities Association of Maryland, Mid-Atlantic Lifespan, and other interested stakeholders will develop a system requiring hospitals and nursing facilities to report annually on the incidence of MRSA and VRE to DHMH, which must submit an annual report to the Governor and General Assembly.

 

Effective Date:July 1, 2007

 

For more information, please contact:Sheila Higdon

 

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Health Care Practitioners

HB0682 Health Care Decisions Act - Emergency Medical Services "Do Not Resuscitate Orders" - Health Care Providers

This bill authorizes a health care provider who sees an emergency medical services "do not resuscitate order" in a valid form, to provide, withhold or withdraw treatment before a patient's cardiac or respiratory arrest.Also, in accordance with the emergency medical services "do not resuscitate order", the health care provider is to withhold treatment after a patient's cardiac or respiratory arrest.

 

Effective Date:October 1, 2007

 

For more information, please contact:Nicole Xander



SB0378 State Board of Nursing - Advanced Nurse Practitioners - Membership and Qualifications

This bill requires the State Board of Nursing (BON) to include 1 advanced practice nurse among the 7 registered nurse members of the BON.The Governor will appoint the advanced practice nurse, with advice from the Secretary of Health, from a list of qualified individuals jointly developed by the following:

  • Maryland Association of Nurse Anesthetists,
  • Nurse Practitioners Association of Maryland,
  • Maryland Coalition of Nurse Practitoners,
  • Maryland Chapter, American College of Nurse-Midwives, and
  • Psychiatric Advance Practice Nurses of Maryland.

 

The other registered nurse members will also be appointed by the Governor, with advice from the Secretary, from a list of qualified individuals submitted by the Maryland Nurses Association.

 

Effective Date:October 1, 2007

 

For more information, please contact:Sheila Higdon



SB0557 Health Insurance - Credentialing Intermediaries - Exemptions

This bill exempts credentialing intermediaries, including hospitals and academic medical centers, from stipulations in statute relating to the timeframes and forms with which a carrier must comply when credentialing health care providers.

 

Effective Date:June 1, 2007

 

For more information, please contact:Sheila Higdon

 

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Health Insurance

SB0538 Health Insurance - Clean Claims

This bill requires insurers, nonprofit health service plans, and health maintenance organizations to mail or transmit its response to a claim for reimbursement directly to the person that filed the claim.

 

Effective Date:October 1, 2007

 

For more information, please contact:Tom Lewis



SB0542 Health Insurance - Visits After Diagnostic or Surgical Procedure Using Anesthesia - Coverage

This bill requires certain insurers, nonprofit health service plans, and HMOs to provide coverage for at least one follow–up visit, and any additional follow–up visits that are medically necessary, to health care providers after diagnostic or surgical procedures involving the administration of anesthesia.

 

Effective Date:October 1, 2007

 

For more information, please contact:Tom Lewis



SB0547 Maryland Medical Assistance Program and Maryland Children's Health Program - Eligibility

This bill expands Medicaid coverage to parents who have a dependent child living with them and whose annual household income is up to 200% of federal poverty level.The bill requires the Department of Health and Mental Hygiene (DHMH) to provide guaranteed eligibility for Medicaid enrollees under the age of 19 for up to six months, unless the enrollee obtains health insurance.The bill authorizes DHMH to provide guaranteed eligibility for up to 12 months.

 

Effective Date:October 1, 2007

 

For more information, please contact:Tom Lewis

 


SB0601 Health Insurance - Health Care Providers - Reimbursement by Carriers

This bill prohibits insurance carriers and HMOs from requiring a health care provider that delivers health care services through a group practice or other health care entity to accept the reimbursement fee schedule applicable under that for services that contract the provider delivers to patients in a different group or individual practice.

 

Effective Date:October 1, 2007

 

For more information, please contact:Tom Lewis

 


SB0617 Consumer Health Open Insurance Coverage Act of 2007

This bill would make a comprehensive change to Maryland’s health care system by requiring all health insurance to be provided through a “Maryland Health Insurance Exchange."The Exchange is to be established in the Maryland Health Care Commission which would oversee its administration.

 

Effective Date:Various

 

For more information, please contact:Tom Lewis



SB0619 Health Insurance - Low-Income Health Insurance Premium Support Fund

This bill establishes a Low-Income Health Insurance Premium Support Fund.The Fund is to provide an insurance subsidy for individuals with incomes below 300% of the federal poverty level.Support for the Fund is to come from taking 85% of the current amount provided to hospitals from hospital rates for providing uncompensated care.

 

Effective Date:October 1, 2007

 

For more information, please contact:Tom Lewis



SB0648 Health Insurance - Managed Care Organizations - Service Count Ratio

This bill requires the Secretary of Health and Mental Hygiene to adopt regulations to establish a mechanism to include an above average service count ratio for evaluation and management services as a condition under which a capitation payment adjustment will be waived for managed care organizations with a loss ratio between 80% and 85%.

 

Effective Date:June 1, 2007

 

For more information, please contact:Tom Lewis



SB0677 Pharmacy Benefits Managers Regulation Act

This bill provides a regulatory structure for State regulation of pharmacy benefit managers.It requires substantial disclosures of rebates and fee structures by pharmacy benefit managers.Managed Care Organizations and insurance carriers are not considered pharmacy benefit managers under the bill.

 

Effective Date:October 1, 2007

 

For more information, please contact:Tom Lewis

 

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Higher Education

SB0525 Higher Education - Dual Enrollment Grant Program

This bill requires the Maryland Higher Education Commission to establish and administer a Dual Enrollment Grant Program for students who are dually enrolled in a secondary school in the state and an institution of higher education in the state.To be eligible for a grant a student must be a resident of the state.The Commission is required to administer funds for the Program and distribute funds to an institution of higher education on behalf of a dual enrollment grant recipient.The Governor must include an amount in the state budget for this Program that is at least 10% of the amount in the grant program for part-time students.

 

Effective Date:June 1, 2007

 

For more information, please contact:Tom Lewis

 

 

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Long Term Care/Nursing Homes

HB0837 Nursing Homes - Health Care Quality Disclosure Form - Requirements

This bill requires nursing homes to develop and make available a health care quality disclosure form to all residents of the nursing home and the family members, legal guardians, and other interested parties of a resident of the nursing home.The purpose of the form is to provide a public, standardized, and verifiable means by which a family member or other interested party of a resident of a nursing home may send a written communication including questions, concerns about care, and other items of concern to the nursing home.

 

The bill stipulates who must sign the form, how it must be stored, and to whom it must be readily available for review.

 

Effective Date:October 1, 2007

 

For more information, please contact:Sheila Higdon



HB0972 Nursing Facilities - Electronic Monitoring

Thia bill requires nursing facilities with 50 beds or more to install and use electronic monitoring devices to monitor the safety of residents, especially residents most at risk of falling and sustaining injuries.

 

Effective Date:October 1, 2007

 

For more information, please contact:Sheila Higdon

 

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Medicaid

HB0594 Maryland Medical Assistance Program - Long-Term Care Services for Cognitive and Functional Impairments

This bill stipulates that an individual is to be determined medically eligible to receive home- and community-based long-term care services under the Maryland Medical Assistance Program if the individual requires health-related services because of severe cognitive impairment, mental illness, or other conditions.

 

Effective Date:June 1, 2007

 

For more information, please contact:Sheila Higdon

 

 

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Medical Liability

HB0495 Action or Claim for Medical Injury - Attesting Experts - Reports

This legislation repeals the provision requiring that a report of each party's attesting expert for certain certificates be filed in an action or claim for a medical injury.

 

Effective Date:October 1, 2007

 

For more information, please contact:Nicole Xander



HB0779 Medical Malpractice - Medical Liability Division Task Force

This bill establishes the Medical Liability Division Task Force to study the feasibility of establishing a medical liability division in appropriate circuit courts in Maryland.The Task Force would issue a final report of its findings and recommendations by December 31, 2007.

 

The Medical Liability Division Task Force would be chaired by the President of the Maryland State Bar Association and composed of the following:

  • President of the Maryland State Bar Association, or designee,
  • 5 members of the appropriate sections of the Maryland State Bar Association appointed by the President of the Bar Association,
  • President of Med Chi, or designee,
  • President of the Maryland Hospital Association, or designee,
  • 3 members of the Maryland Judiciary, appointed by the Chief Judge of the Court of Appeals, all of whom have experience in medical liability cases,
  • 2 members of the Senate,
  • 2 members of the House of Delegates, and
  • 2 members, appointed by the Governor, who must have practical or research experience in medical liability issues.

 

The report is to include the following:

1) input from both the medical community and legal community in the state;

2) a review of the experience of other states in proposing and creating specialty courts and administrative processes for resolving medical liability disputes; and

3) consideration of all operational aspects of establishing a medical liability court including:

  • benefits and costs to the state and judicial system including efficiencies lost or gained,
  • criteria for determining the type and monetary thresholds of matters to be assigned and the procedures for assignment to a medical liability division,
  • the level of expertise and training required of judges presiding in a medical liability division, and the potential for use of independent expert witnesses,
  • a case management plan for the prompt and efficient scheduling and disposition of claims, which would identify those matters appropriate for assignment to a specific judge who will be responsible for the entire case,
  • the feasibility of establishing an expedited appeals process for matters assigned to a medical liability division,
  • the use of alternative dispute resolution in medical liability claims,
  • the feasibility of establishing an electronic filing system for pleadings and papers,
  • ways in which a medical liability division might be designed to help facilitate efforts to improve patient safety, and
  • the potential for creating a medical liability division pilot project.

 

Effective Date:July 1, 2007

 

For more information, please contact:Nicole Xander



SB0642 Courts - Health Care Malpractice - Certificate of a Qualified Expert

This bill eliminates the requirement that an attorney for a party or the party pro se in a health care malpractice claim or action file a report of a qualified expert in addition to a certificate of a qualified expert.

 

Effective Date:October 1, 2007

 

For more information, please contact:Nicole Xander

 

 

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Minority Health Disparities

HB0788 Health Insurance - Collection of Racial and Ethnic Data - Nondiscrimination

This bill permits a health insurer to inquire about an individual's race and ethnicity for the evaluation of quality of care outcomes and performace measurements.It also prohibits health insurers from using race or ethnicity data to reject, deny, limit, cancel, refuse to renew, increase the rates of, affect the terms or conditions of, or otherwise affect a health insurance policy or contract.

 

Effective Date:October 1, 2007

 

For more information, please contact:Sheila Higdon

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Prescription Drugs

SB0596 Discount Medical Plan Organizations and Discount Drug Plan Organizations - Registration and Regulation

This bill provides for the regulation by the Maryland Insurance Commissioner of discount medical plan organizations and discount drug plan organizations.The bill requires entities offering discounts on pharmaceuticals or particular medical services from specified providers to register with the Insurance Commissioner.The Commissioner may deny a registration or refuse to renew, suspend, or revoke a registration under certain circumstances.

 

Effective Date:October 1, 2007

 

For more information, please contact:Tom Lewis

 

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Public Health

HB0535 Catastrophic Health Emergencies - Quarantine Orders - Citations

This bill authorizes the Secretary of Health and Mental Hygiene to issue a citation to any competent adult individual who refuses vaccination, medical examination, treatment, or testing after the individual has been ordered to isolation or quarantine during a catastrophic health emergency.The citation would be for a fine of $500, subject to the individual’s right to stand trial.

 

Effective Date:October 1, 2007

 

For more information, please contact:Matt Greenwood



SB0629 Health - Prohibition Against Smoking in Vehicle Containing Minor Passenger

This bill makes it illegal to smoke a tobacco product in a vehicle with a passenger under the age of 6 years, and establishes a $25 civil penalty for a violation.

 

Effective Date:October 1, 2007

 

For more information, please contact:Nicole Xander

 

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Research/Human Subject

HB0871 Human Hybridization Prohibition Act of 2007

This bill prohibits an individual from fertilizing an oocyte from a human with the sperm of a nonhuman, or an oocyte from a nonhuman with the sperm of a human, to produce an embryo that has a predominantly or partially human genetic constitution.It also prohibits creating an embryo that has a predominantly or partially human genetic constitution by introducing the nuclear material of one or more human somatic cells into a fertilized or unfertilized oocyte, the nucleus of which has been or will be removed or rendered inert.It also prohibits an individual from soliciting, knowingly creating, or acquiring an organism, tissue, or cell fertilized by or created by one of the means outlined above.

 

Violation of the provisions of this bill result in the commission of a felony subject to imprisonment of up to 10 years and/or a fine of $200,000.

 

Effective Date:October 1, 2007

 

For more information, please contact:Sheila Higdon

 



SB0787 Stem Cell Research Commission - Subject to the State Open Meetings Law

This bill requires the Stem Cell Research Commission to be subject to the State Open Meetings Law.

 

Effective Date:October 1, 2007

 

For more information, please contact:Sheila Higdon

 

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Taxes/Tax Policy

SB0616 Land Preservation and School Construction Assistance Act of 2007

This bill imposes recordation and transfer taxes on the transfer of controlling interest in a corporation, partnership, association, limited liability company, limited liability partnership, other unincorporated form of doing business, or a trust that owns interests in real property in Maryland that constitute at least 80% of the value of its assets and has an aggregate value of at least $500,000.Revenues received under this bill by the counties and Baltimore City are to be used to pay for the costs of public school construction and renovation, including payment of debt service on bonds issued to pay for public school construction and renovation:

 

Allegany

$���� 194,483

Anne Arundel

$5,423,188

Baltimore City

$5,503,842

Baltimore

$10,010,535

Calvert

$���� 206,249

Caroline

$���� 103,244

Carroll

$���� 572,629

Cecil

$���� 275,983

Charles

$���� 635,051

Dorchester

$���� 237,941

Frederick

$1,259,692

Garrett

$���� 185,564

Harford

$1,578,950

Howard

$3,419,937

Kent

$���� 122,344

Montgomery

$14,739,815

Prince George’s

$8,950,826

Queen Anne’s

$���� 203,578

St. Mary’s

$���� 660,986

Somerset

$������ 33,310

Talbot

$���� 400,653

Washington

$���� 626,786

Wicomico

$���� 316,216

Worcester

$��� 758,200

 

Effective Date:January 1, 2007

 

For more information, please contact:Tom Lewis

 

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Workers Comp

SB0550 Workers' Compensation - Appeals - Evidence

This bill authorizes an appellee responding to an appeal of a ruling of the Workers’ Compensation Commission to introduce certain writings or records of a health care provider or health care facility without supporting testimony.These records may be used as evidence of the existence of a health condition, a health care provider’s opinion, the heath care provided, or the necessity of this care.

 

This evidence must have been introduced in the proceeding prior to the appeal, be

otherwise admissible, and notice and copies of the evidence must be filed with the clerk of the court within a specified time period.The appellant is then able to file objections to the introduction of this evidence for good cause. This bill may not be construed to limit the rights of parties to introduce new evidence or witnesses at trial.

 

Effective Date:October 1, 2007

 

For more information, please contact:Nicole Xander



SB0600 Workers' Compensation Commission - Authorization for Release of Medical Information - Work-Related Injury or Occupational Disease

This bill requires health care providers to disclose a medical record on receipt of an authorization for the release of relevant medical information that is filed with the Workers' Compensation Commission.When filing with the Commission, an authorization for the simultaneous release of all relevant medical information must be filed in addition to a claim application form.

 

Effective Date:October 1, 2007

 

For more information, please contact: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.

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