Legislative Hotline
2007 SESSION OF THE
MARYLAND GENERAL ASSEMBLY
Volume 14, Number 7��������������������������������������������������������������������������������������������� February 28, 2007
STATE
DR.
MILLER AND MR. PETERSON IN ANNAPOLIS
SUPPORT
FOR WORKFORCE DEVELOPMENT
CIGARETTE
RESTITUTION FUND HEARING
FEDERAL
IMPLEMENTATION
OF NIH FISCAL POLICY FOR NON-COMPETING GRANT AWARDS – FY 2007
BILLS
INTRODUCED
STAFF CONTACT INFORMATION
STATE
Dr. Miller
and Mr. Peterson in
On February 21, Dr. Miller and Mr. Peterson met with
leaders of the General Assembly.� They thanked
the members for their support of Johns Hopkins and discussed legislative
priorities, including the expansion of health care access and the importance of
the institutions’ capital project requests.
While in
Support for Workforce Development
The General Assembly held hearings on February 20 on
several workforce development bills.�
Johns Hopkins gave testimony in support of legislation which would
create an adult literacy services tax credit program for a business or nonprofit
that provides literacy services to its employees.� Deborah Knight-Kerr, Director of Community
and Education Projects for the Department of Human Resources at
On February 19, Pamela Paulk,
Vice President of Human Resources for the Johns Hopkins Health System, spoke
about the successes of Johns Hopkins’ employment program for ex-offenders
during a legislative event in
Before the House Judiciary Committee, a
representative of Johns Hopkins gave testimony opposing a bill that would
repeal the requirement that a claim for medical injury against a health care
provider include a report of a qualified expert attesting to departure from
standards of care.� Established in the
1970s, this statutory requirement has successfully helped weed out non-meritorious
claims and decrease costly litigation.
Cigarette Restitution Fund Hearing
On February 23, the Appropriations Committee held a
Cigarette Restitution Fund budget hearing.�
Testifying on behalf of Johns Hopkins’ CRF programs were Drs. John
Groopman and Jean Ford.� They were joined by a gentleman who is a
participant in the public health grant program.�
Committee members paid rapt attention while he thanked them for their
support of the program that provided his cancer education, screening,
diagnosis, and treatment at Johns Hopkins.�
The Governor has proposed level funding for the cancer research and
public health programs in the FY 2008 budget.
�[ Go to Top]
FEDERAL
Implementation of NIH Fiscal Policy for Non-Competing
Grant Awards – FY 2007
Since the beginning of the
current fiscal year in October 2006, NIH has been issuing non-competing renewal
research awards at about 80% of the previously committed level.� Now that NIH has received an appropriation
for the remainder of FY 2007 through enactment of the Continuing Resolution on
February 15, the agency is fully implementing its FY 2007 fiscal operations
policy.� As announced in December 2006,
this policy does not provide any inflationary adjustments for non-competing
renewal awards in FY 2007.
Accordingly, the NIH has
announced that non-competing research grants will be funded at 97.1% of the FY
2007 committed level, and any non-competing grants previously issued in FY 2007
at reduced levels will be restored to the 97.1% level.� Future year commitments will be adjusted
accordingly.� Institutes and centers will
maintain the flexibility to supplement such non-competing awards on a
case-by-case basis according to scientific and programmatic imperatives.� However, such supplements will not be
considered as part of the base for future budgetary adjustments.
NIH institutes and centers
will use the savings from not funding inflationary increases for non-competing
awards in FY 2007 to help meet agency-wide priority areas of supporting new
investigators and well-established investigators with little or no other
significant funding.
BILLS INTRODUCED
Business Operations
SB0862� Procurement - Minority Business Enterprise Program -
Policy Statements
This bill requires the certification agency for the minority
business enterprise (MBE) program to ensure that each unit of state government
has a policy that MBEs be given the maximum feasible opportunity to participate
in the performance of contracts awarded by or on behalf of the unit.� Each unit may award a contract only to a
bidder or offeror that makes a good faith effort to meet the goals of the MBE
program and documents that it has obtained sufficient participation, or made an
adequate good faith effort to obtain sufficient participation, of socially and
economically disadvantaged individuals or MBEs.
Effective
Date:� July 1, 2007
For more
information, please contact:� Sheila
Higdon
Economic Development
SB0277� Economic Development Opportunities (Sunny Day) Account
- Extraordinary Economic Development Opportunity - Definition
This bill includes an opportunity to secure an
advantage in new or emerging technologies in the definition of
“extraordinary economic development opportunity” involving a public
institution, private institution, or federal research and development institute
under the Economic Development Opportunities (Sunny Day) Account.
Effective
Date:� October 1, 2007
For more
information, please contact:� Tom Lewis
SB0294� Property Protection Act of 2007
This bill proposes an amendment to the Maryland
Constitution to limit the condemnation of private property. The proposal would
eliminate condemnation for economic development purposes under the state
constitution's current “public use” condemnation authority.
Effective
Date:� Constitutional Amendment
For more
information, please contact:� Tom Lewis
Environmental Health
HB0488� Environment - Statewide Electronics Recycling Program
This bill expands the
current computer recycling program to include video display devices that measure
more than 4 inches diagonally and are not part of a motor vehicle, household
appliance, or commercial, industrial, or medical equipment.� It renames the program the “Electronics
Recycling Program”.
This bill
requires all manufacturers producing more than an average of 1,000 covered
electronic devices (rather than simply computers) per year to register with the
Maryland Department of the Environment (MDE), and meet various other criteria
as a part of the recycling program.� The
initial registration fee due to MDE is increased from $5,000 to $10,000.� MDE is required to keep a list of the
registered manufacturers of covered electronic devices, and provide a copy of
this list to the Comptroller’s Office.�
Retailers are barred from selling covered electronic devices which were
made by unregistered manufacturers to consumers.� The Comptroller is authorized to asses a
penalty of $5,000 per violation (not to exceed $50,000) with all fines and
penalties collected being put into the State Recycling Trust Fund.
Effective
Date:� October 1, 2007
For more
information, please contact:� Matt
Greenwood
Financial Aid
HB0206� Higher Education - Scholarship Program - Eagle Scout
and Girl Scout Gold Award Recipients
This bill establishes an Eagle Scout and Girl Scout
Gold Award Recipient Scholarship Program providing $2,000 per academic year in
scholarships to the first 100 applicants.�
The bill requires the Governor to include $200,000 annually in the
budget for this program.
Effective
Date:� July 1, 2007
For more
information, please contact:� Tom Lewis
HB0279� Higher Education - Workforce Shortage Student
Assistance Grants - Eligibility
This bill specifies that grant recipients under the
Workforce Shortage Student Assistance Grant Program may be enrolled part time
or full time in eligible institutions during a fall, spring, or summer term as
an undergraduate, graduate, or faculty member of an institution of higher
education.
Effective
Date:� June 1, 2007
For more
information, please contact:� Tom Lewis
HB0283� Higher Education - State Student Financial Assistance
- Eligibility
This bill authorizes the Office of Student Financial
Assistance in the Maryland Higher Education Commission to request that
applicants for state student financial assistance file an application for
federal student aid.� The Office may not
refuse to consider an applicant for state assistance if the student’s
application for federal aid is denied because federal student aid requirements
are more restrictive than the requirements for state student financial aid.
Effective
Date:� October 1, 2007
For more
information, please contact:� Tom Lewis
HB0318� Higher Education - Edward T. Conroy Memorial
Scholarship Program - Eligibility
This bill alters the eligibility requirements for the
Edward T. Conroy Memorial Scholarship Program to include students who are
residents of any state if the student is a son, daughter, or surviving spouse
of a state or local public safety employee killed in the line of duty.
Effective
Date:� June 1, 2007
For more
information, please contact:� Tom Lewis
HB0332� Higher Education - Maryland Teacher Scholarships -
Terms and Conditions
This bill lengthens the service obligation for the
Maryland Teacher Scholarship from one year to two years per year that the
scholarship is received.� The bill also
increases the annual award amount under the program from a specified amount
between $1,000 and $5,000 to equal the total cost of tuition, books, mandatory
fees, and room and board.� In addition,
the bill allows students who attend qualified institutions of higher education
outside of Maryland to receive the scholarships.� The Maryland State Department of Education
must provide an annual report to the Governor and the General Assembly
evaluating the impact of the scholarships on the state’s teacher recruitment
program.
Effective
Date:� July 1, 2007
For more
information, please contact:� Tom Lewis
HB0531� Income Tax - Tax Credit - Donations for Scholarships
at Institutions of Higher Education
This bill allows a credit against the state income tax
for 75% of the amount of a contribution made to specified institutions of
higher education or certain affiliated foundations to be used for student
scholarships.� The bill limits total tax
credit statewide to $25 million.� Of the
total annual credits that may be approved by the Maryland Higher Education
Commission no more than $15 million is available for scholarships at public
institutions of higher education and no more than $10 million is available to
private higher education institutions.
Effective
Date:� July 1, 2007
For more
information, please contact:� Tom Lewis
SB0468� Task Force to Study Free College Tuition for
Low-Income Students
This bill establishes the Task Force to Study Free
College Tuition for Low-Income Students.�
The Task Force is also required to examine practices in other states and
report to the Governor and General Assembly.
Effective
Date:� July 1, 2007
For more
information, please contact:� Tom Lewis
General Business
HB0832� Healthy Families and Healthy Workplaces Act
This bill requires
employers to provide employees sick leave with pay to be used for the
following:
- employee's illness or
disability;
- death, illness, or disability
of employee's immediate family;
- after the birth of the
employee's child;
- when a child is placed with the
employee for adoption;
- a medical appointment of the
employee or their immediate family; or
- an absence due to domestic violence.
The bill
states that an employer must provide 1 hour for every 37 hours worked by an
employee, not exceeding 56 hours, of paid sick leave to accrue each year.� Employers may require that employees provide
reasonable notice of the need for anticipated paid sick leave.� An employee who uses paid sick leave for 3 or
more consecutive workdays may not receive paid sick leave unless an original
certificate of illness or disability is provided.
The bill
prohibits employers from taking actions against employees using this paid sick
leave.� If an employer violates this Act,
the affected employee can bring an action in a circuit court against the
employer for the full amount of any unpaid sick leave and any additional
remedies available at law or in equity appropriate to remedy any violation,
including back pay or injunctive relief.�
An employer violating any provision is guilty of a misdemeanor and
subject to a fine not exceeding $1,000.
The bill
also addresses the employer's possession of an employee's health information or
that of the employee's immediate or extended family.� This information must be kept confidential
and not disclosed except to the employee with the employee's written
permission.
Effective
Date:� October 1, 2007
For more
information, please contact:� Nicole
Xander
General Education
HB0838� Education - Character Education Fund
This bill establishes the Character Education Fund and
requires the Governor to include $250,000 in the state budget annually for the Fund.� The State Department of Education is required
to adopt criteria for approving proposed character education programs by July 1
each year for the following school year.
Effective
Date:� July 1, 2007
For more
information, please contact:� Tom Lewis
General Health Care
HB0171 �Maryland Health Care Commission - Chronic Care
Management and Wellness Promotion - Study
This bill requires the
Maryland Health Care Commission (MHCC), in consultation with the Department of
Health and Mental Hygiene (DHMH), to conduct a study of chronic care management
and wellness promotion as strategies for improving health care delivery and
reducing overall health care costs.� MHCC
is required to report on the study by November 1, 2007.� The study must include:
- an estimate of the number of
Marylanders who suffer from a chronic condition, such as diabetes,
hypertension, cardiovascular disease, asthma, arthritis, and depression;
- an estimate of the cost of
caring for these conditions, particularly the cost to the Medicaid and
state employee and retiree health and welfare benefit programs;
- a discussion of chronic care
management models;
- a discussion of wellness
promotion models;
- a discussion of the use of
information technology and performance measurement in chronic care
management and wellness promotion;
- a discussion of financial
incentives for maintaining wellness and managing chronic conditions; and
- recommendations for chronic
care management and wellness promotion strategies.
Effective
Date:� June 1, 2007
For more
information, please contact:� Tom Lewis
HB0343� Department of Health and Mental Hygiene - Laboratories
- Letter of Exception
This bill alters the requirement that “limited
medical laboratory tests or examinations” must be simple procedures for
the laboratory to receive a letter of exception to the state’s licensing
requirement by repealing the word “simple.”
Effective
Date:� October 1, 2007
For more
information, please contact:� Sheila
Higdon
Hb0357� Maryland Fetal and Infant Mortality Review
This bill establishes
a Fetal and Infant Mortality Review Program within the Department of Health and
Mental Hygiene (DHMH) to review fetal and infant deaths and to develop
strategies for the prevention or reduction of such deaths.� The Secretary of Health is authorized to
appoint a multidisciplinary and multiagency State Fetal and Infant Mortality
review team of at least 15 members with representatives from the each of the
following:
- public health, such as� maternal and child health, substance
abuse, and mental health;
- local health departments;
- health care provider
specialities such as OB, pediatrics, social work, nursing, and nurse
midwifery;
- academic medical institutions;
- hospital administration, such
as risk management; and
- other agencies or organizes
involved with the prevention or reduction of fetal and infant deaths.
The state
team's charge includes determining contributing factors to fetal and infant
deaths, developing recommendations to address those factors, and implementing
strategies to prevent or reduce fetal and infant deaths.� In carrying out their duties, the team may conduct
analyses of the incidence and underlying factors for fetal and infant mortality
in the state, including analyses that focus on jurisdictions or regions;
determine criteria for the local teams (described below); establish protocols
for data collection, analysis, and reporting; analyze reports from the local
teams and assist them in their efforts to evaluate ways to reduce fetal and
infant mortaility; and evaluate the continued effectiveness of the
Program.� The team may establish panels
or ad hoc committess in response to an identified profile or cluster of
facilities needing special attention and consult with experts as needed.� In addition, the team should recommend
legislative or state budgetary initiatives to prevent or reduce fetal and
infant deaths to the Governor and General Assembly.
Each county
will also have a multidisciplinary and multiagency local team whose members
will be appointed by the local health officer.�
Two or more counties may form multicounty local teams.� The local teams are also charged with
determining factors that contribute to infant mortality and advising the state
team on any necessary changes in law, policy, or practices to prevent or reduce
such deaths.� The local teams are
required to submit a report by October 1 of each year to the state team on
their activities and recommendations.�
Upon
request, the state team, a local team, or its staff will be provided access to
information and records regarding the fetal or infant death and the health of
the mother including prepregnancy, prenatal, and postpartum care of the mother,
somatic, mental and substance abuse, and dental health of the mother; and the
health care provided by the health care provider and maintained by any state or
local government agency including information and records from the medical
examiner, social services agencies, and law enforcement.�
Meetings of
the state team and local teams will be closed to the public, but either team
may request attendance of an individual who has information relevant to the
team.� All information and records obtained
by the teams are confidential and exempt from disclosure.� A team may disclose only information or
records as necessary to carry out their duties; violation of this provision is
a misdemeanor and punishable by a fine or imprisonment.� Information, documents, and records obtained
by the state or local teams are not subject to subpoena, discovery, or
introduction as evidence in any civil or ciminal proceeding, except that which
is available from other sources.� A health
care provider or health care facility may not be held liable for civil damages
or subject to any criminal or disciplinary action for good faith efforts to
comply with the provisions of this bill.�
Each year
by December 1, DHMH must report to the Governor and General Assembly on the
activities and recommendations of the state teams and local teams.
Effective
Date:� October 1, 2007
For more
information, please contact:� Sheila
Higdon
HB0781� Human Immunodeficiency Virus - Test Counseling
This bill makes
informed consent for HIV diagnostic testing distinct and separate from all
other consent thus eliminating the need for a uniform HIV informed consent
form.
In
consultation with HIV patients, AIDS advocacy organizations, and other
stakeholders, the bill requires DHMH to review and streamline regulations
relating to the pre-HIV test counseling and post-HIV test counseling
requirements.� DHMH is to report on the
recommended regulation changes by January 1, 2008.
Effective
Date:� June 1, 2007
For more
information, please contact:� Nicole
Xander
sb0718� Maryland Health Care Commission - Program Evaluation
This bill repeals the
requirement that the Maryland Health Care Commission may not act on any matter
unless seven voting members in attendance concur.� The Commission may act on a decision made by
a majority of the quorum present and voting.�
The bill also raises the amount of total fees that are assessed on
hospitals by the Commission from $10 million to $12 million.�
Every seven
years to ten years, most divisions of state government are subjected to a
program evaluation or “sunset review” to determine the continued
need for the division or of aspects of the work that it is assigned.� This legislation is a result of that
evaluation for the Maryland Health Care Commission.� The Commission will be reviewed again on or
before July 1, 2017.
Effective
Date:� July 1, 2007
For more information,
please contact:� Tom Lewis
Sb0819� HIV and AIDS - Consent for Testing and Guidelines
This bill eliminates the requirement that written informed
consent be obtained before testing for HIV.�
It also requires the AIDS Administration to convene a workgroup of
stakeholders who serve the HIV and AIDS population to review the Centers for
Disease Control and Prevention guidelines relating to the HIV and AIDS
epidemic.� By December 1, 2007 the
Administration is to report on changes made to HIV and AIDS related laws and
regulations.
Effective
Date:� June 1, 2007
For more
information, please contact:� Nicole
Xander
Health Care Facilities
HB0678� University of Maryland Medical System - Acquisition of
Prince George's County Hospital System PG 418-07
This bill requires the Board of Directors of the
University of Maryland Medical System to request funding from the Operating Reserve
Fund for the purpose of acquiring Prince George's County Hospital (PGCH).� The bill also requires the University of
Maryland, if it acquires PGCH, to honor all collective bargaining agreements in
place between Dimensions Healthcare and PGCH employees and honor all rights of
the employees to bargain collectively that were honored by Dimensions.� If the University of Maryland acquires PGCH,
the bill requires Prince George’s County to transfer any asset of the
hospital system held by the County to the University of Maryland Board of
Directors.
Effective
Date:� June 1, 2007
For more
information, please contact:� Sheila
Higdon
SB0628� Repeal of Certificate of Need Requirements - Health
Care Facilities Other Than Home Health Agencies and Hospices
This bill alters the requirements that certain health
facilities obtain a CON in order to build a new facility or expand an existing
facility.� It repeals provisions related
to CONs for certain facilities and requires the MHCC to develop a comprehensive
plan for emergency medical services and report its findings by December 1,
2007.
Effective
Date:� July 1, 2007
For more
information, please contact:� Nicole
Xander
sb0719� Health Services Cost Review Commission - Sunset
Extension and Program Evaluation
This bill is a result of the sunset review process for
the Health Services Cost Review Commission.�
The bill adds additional reporting requirements to both the Governor and
General Assembly to the Commission's duties.�
The bill also authorizes the Secretary of Health and Mental Hygiene to
assess an administrative charge on the Commission for overhead and authorizes
the Commission to use money from user fees to pay for administrative
costs.� The total amount of user fees
that the Commission may assess on hospitals will rise from $4 million to $5.5
million.� The bill also requires the
Board of the Maryland Health Insurance Plan to submit an annual report.
Effective
Date:� July 1, 2007
For more
information, please contact:� Tom Lewis
SB0910� University of Maryland Medical System - Minority
Business Enterprise Procurement Activities
This bill requires the Unversity of Maryland Medical
System to conduct procurement activities consistent with minority business
enterprise purchasing standards applicable to state government agencies under
the State Finance and Produrement Article.�
It also requries UMMS to submit a statement of its policies and
procedures for such procurement activities, including its policies and
procedures for purchasing from minority business enterprises, to the Board of
Public Works for approval.
Effective
Date:� October 1, 2007
For more
information, please contact:� Sheila
Higdon
Health Insurance
HB0339� Health Insurance - Small Group Market - Health Benefit
Plans - Rates
This bill provides that a carrier in the small group
market may adjust the community rate for age only, and not for geographic
location as well, as is current practice.�
Based on the adjustment for age, the carrier may charge a rate that is
50% above or below the community rate, instead of the current 40%.� The bill also authorizes a carrier to offer a
discounted rate to a small employer for eligible employees who are nonsmokers
or participate in a wellness program designed to improve health status and
reduce health care costs.
Effective
Date:� October 1, 2007
For more
information, please contact:� Tom Lewis
HB0367� Maryland Medical Assistance Program - Primary Adult
Care Program - Selection of Managed Care Organization
This bill requires the
Department of Health and Mental Hygiene to adopt regulations to provide
continuity of care for individuals transitioning between the Maryland Primary
Adult Care Program and the Medicaid MCO HealthChoice:� The regulations must:
- allow MPAC applicants to select
an MCO when applying for MPAC;
- require DHMH to enroll MPAC
applicants in the MCO of their choice;
- require DHMH to send an
enrollment packet to MPAC applicants that do not select an MCO at the time
of application; and
- establish a process through
which individuals enrolled in Medicaid who become eligible for MPAC within
120 days of losing Medicaid eligibility will be enrolled automatically in
the same MCO in which the individual was enrolled under Medicaid.
The bill
further provides that individuals enrolled in MPAC within 120 days of becoming
eligible for Medicaid must be enrolled automatically in the same MCO they were
enrolled in under MPAC.
Effective
Date:� October 1, 2007
For more
information, please contact:� Tom Lewis
HB0477� Health Insurance - Small Group Market - Limited Health
Benefit Plan - Modifications
The state enacted a trimmed
down “limited health benefit plan” several years ago.� In order to avoid the anticipated problem of
small employers dropping the state’s “standard health benefit
plan,” the state limited the plan to extremely low wage employers.� In the first two years of the program only
one employer has signed up.
To increase
participation and provide a new, lower cost option to all small employers, this
bill repeals the limitation to employers who offer an average wage of 75% of
the federal poverty level.
Effective
Date:� July 1, 2007
For more
information, please contact:� Tom Lewis
HB0487� Nonprofit Health Service Plans - Boards of Directors -
Term Limits and Compensation
This bill alters the number of terms from 2 to 3 and
the number of years from 6 to 9 that may be served by a member of the board of
directors of a nonprofit health service plan.�
The bill also repeals the limitation on salary for a chairman ($15,000
per year) or member of the board of directors ($10,000 per year) for a
nonprofit health service plan.� The
Maryland Insurance Commissioner is required to review the amount of compensation
to be paid to board members on an annual basis and report his or her findings
to the legislature.
Effective
Date:� October 1, 2007
For more
information, please contact:� Tom Lewis
HB0572� Health Insurance - Expansion of Coverage
This bill establishes a Health Insurance Premium
Subsidy Program in the Department of Health and Mental Hygiene to assist
lower-income individuals in purchasing insurance on a sliding scale up to 300%
of poverty.� The bill also imposes a
surcharge on the income tax of individuals with incomes above 500% of poverty who
do not maintain health insurance.� Monies
from the surcharge would be used to fund the subsidy program.� The Secretary of Health and Mental Hygiene is
also required to implement an Internet portal to provide coordinated
information and access to health and human services programs and benefits.
Effective
Date:� Various
For more
information, please contact:� Tom Lewis
HB0714� Health Insurance - Coverage for Returning Veterans -
Limiting Age for Students
This bill requires insurers, nonprofit health service
plans, and health maintenance organizations that provide coverage for students
over the age limits on their parent’s health insurance policy to be
covered on that policy if the student was on active military duty after the age
of 18 but before the age limits in the policy.�
Returning veterans to whom this applies are required to be covered on
their parent’s health insurance policy for the amount of time they would
have been covered under the policy but for the period of active military duty.
Effective
Date:� October 1, 2007
For more
information, please contact:� Tom Lewis
HB0848� 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
HJ0001� Negotiated Prices for Medicare Part D Drugs
This joint resolution urges the United States Congress
to pass legislation to require the Secretary of Health and Human Services to
negotiate with pharmaceutical manufacturers the prices that may be charged for
Medicare Part D drugs.
Effective
Date:
For more
information, please contact:� Tom Lewis
SB0207� Healthy Maryland Initiative
This bill provides a substantial increase in health care
coverage in Maryland financed in large part by a $1 per pack tax increase on
cigarettes.� The bill establishes the
“Healthy Maryland Initiative Fund” and requires the Governor to
include an annual state budget allowance of $35 million from the tobacco tax
for activities aimed at reducing tobacco use.�
The Maryland Medical Assistance Program would be expanded to parents
having incomes at or below 100% of poverty.�
The bill also provides a number of additional mandated appropriations
for health programs and implements a Small Business Health Care Incentive
Program.
Effective
Date:� July 1, 2007
For more
information, please contact:� Tom Lewis
SB0263� Health Insurance - Carrier Provider Panels -
Nonphysician Specialists
This bill requires a health insurance carrier to
establish and implement a procedure for referral to a nonphysician specialist
who is not part of a carrier’s provider panel in a similar manner as is
provided for referral to a physician specialist.� The bill also provides that a decision by a
carrier to refuse to provide a nonphysician referral in applicable cases
constitutes an adverse decision under the insurance code.
Effective
Date:� October 1, 2007
For more
information, please contact:� Tom Lewis
SB0323� Health Maintenance Organizations - Reimbursement Rates
of Noncontracting Providers
This bill changes the rate an HMO must reimburse a non
participating health care provider for services rendered.� The bill repeals the 125% of average charges
requirement and substitutes a benchmark of “the 50th percentile of
charges for covered services” as reflected in the Physician Payment
Database of the Maryland Health Care Commission.
Effective
Date:� July 1, 2007
For more
information, please contact:� Tom Lewis
sb0427� Health Insurance - Authorization of Additional Products
and Small Group Administrative Discounts
This bill allows insurers to exclude mandated benefits
in creating limited benefit insurance plans, and requires insurers to offer
in-network and out-of-network providers under preferred provider plans if an
employer offers only a preferred provider plan.�
This bill allows HMOs to provide a limited benefit plan option for its
subscribers.� It also requires an insurer
to establish a payment process for out-of-network providers and a preferred
provider policy to allow direct access to specialists.
Effective
Date:� October 1, 2007
For more
information, please contact:� Tom Lewis
SB0474� Maryland Universal Health Care Plan
This bill establishes the Maryland Universal Health
Care Plan and sets up a State Board of Governors to administer the
program.� The bill authorizes the Board
of Governors to adopt wide ranging regulations related to providing universal
health care through a state trust fund.
Effective
Date:� Various
For more
information, please contact:� Tom Lewis
SB0489� Health Insurance - Eligibility for the Maryland Health
Insurance Plan - Disabled Individuals
This bill expands eligibility
for enrollment in the Maryland Health Insurance Plan (MHIP) to an individual
who:
- does not have access to health
insurance coverage;
- has been approved to receive
federal Social Security Disability Income benefits;
- is awaiting eligibility for the
Medicare program; and
- meets any other applicable
eligibility criteria for the plan.
�An individual who is eligible for MHIP under
these conditions:
- must be charged a monthly
premium that is equal to or less than the monthly premium for Medicare Part
B and
- may be assessed annual
deductibles and coinsurance equal to but not exceeding the deductibles and
coinsurance required under the Medicare program.� An individual must be automatically
disenrolled from MHIP upon enrollment in Medicare.� The Insurance Commissioner must adopt
regulations to implement these provisions.
Effective
Date:� July 1, 2007
For more
information, please contact:� Tom Lewis
SB0714� Health Insurance - Prohibited Discrimination and
Rebates - Incentives for Participation in Wellness Programs and Other
Exceptions
This bill provides
that it is not discrimination or a rebate for a health insurer, nonprofit
health service plan, or HMO to provide reasonable incentives to an insured,
subscriber, or member for participation in a bona fide wellness program offered
by the carrier.� A bona fide wellness
program is a program designed to prevent or detect disease or illness, reduce
or avoid poor clinical outcomes, prevent complications from medical conditions,
or promote healthy behaviors and lifestyle choices.
A carrier
may not make participation in a wellness program a condition of coverage or
impose a penalty on an insured, subscriber, or member for
nonparticipation.� Insureds, subscribers,
or members may not be required to achieve any specific outcome in order to
receive an incentive for participation in a wellness program.� Any incentive offered for participation must
be reasonably related to the program and may not have a value that exceeds any
limit established in regulations adopted by the Maryland Insurance
Commissioner.
Effective
Date:� October 1, 2007
For more
information, please contact:� Tom Lewis
SJ0002� Federal Reauthorization of the State Children's Health
Insurance Program
This joint resolution urges the Maryland Congressional
Delegation to ensure that Congress reauthorizes the State Children’s
Health Insurance Program to ensure that federal funding continues.� The Governor is urged to work with the Delegation
to ensure Congress reauthorizes the Program.
Effective
Date:
For more
information, please contact:� Tom Lewis
Higher Education
SB0268� Higher Education - Blind and Print Disabled Students -
Instructional Materials
This bill requires the Maryland Library for the Blind
and Physically Handicapped (LBPH) to convene an Instructional Materials Access
Standards Committee to coordinate the distribution of instructional material to
the blind and other print disabled students.�
At least two members of the Committee are to be blind or print
disabled.� Beginning in FY 2009, the
Governor must include $200,000 for LBPH in the annual state budget to implement
the bill’s requirements.
Effective
Date:� June 1, 2007
For more
information, please contact:� Tom Lewis
SB0416� Higher Education - Institutions of Higher Education -
Plans for Programs of Cultural Diversity
This bill requires institutions of higher education to
develop and implement plans for a program of cultural diversity.� The bill requires the diversity plans to
establish strategies and timelines for meeting plan goals.� Institutions of higher education are required
to report their plans to the Maryland Higher Education Commission, which would
monitor plans and track compliance with the plans and programs for cultural
diversity.
Effective
Date:� June 1, 2007
For more
information, please contact:� Tom Lewis
Medicaid
HB0336� 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 guidelines.�
The bill requires the Department of Health and Mental Hygiene 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 also authorizes DHMH to provide
guaranteed eligibility for up to 12 months.
Effective
Date:� July 1, 2007
For more information,
please contact:� Tom Lewis
Medical Liability
SB0508� Circuit Courts - Medical Liability Division
This legislation
authorizes the Chief Judge of the Court of Appeals to establish a medical
liability division in circuit courts throughout the state.� The judges are to have special experience or
training in medical liability matters and an understanding of the issues likely
to come before the division.
By December
1, 2010, the Chief Judge or designee is to report on the effectiveness of the
medical liability divisions in improving the expeditious, equitable, and
efficient resolution of cases.
Effective
Date:� October 1, 2007
For more
information, please contact:� Nicole
Xander
Minority Health Disparities
HB0524� Workgroup on Cultural Competency and Workforce Development
for Mental Health Professionals
This bill requires the Office of Minority Health and
Health Disparities to convene a workgroup on cultural competency and workforce
development for mental health professionals.�
Representatives on the workgroup is to include members of the General
Assembly, mental health care providers, advocacy and consumer groups and any
group or stakeholder with knowledge or interest in the issues addressed by the
workgroup.� The workgroup is directed to
address barriers to access to appropriate mental health services provided by
health care professionals who are culturally competent to address the needs of
the State's diverse population.� In
addition, the workgroup is charged with examining mental health workforce
shortages and potential strategies to alleviate shortages.� Recommendations are due to the Governor and
General Assembly by November 1, 2007.
Effective
Date:� July 1, 2007
For more
information, please contact:� Sheila
Higdon
Miscellaneous
HB0681� Maryland Transit Administration - BRAC - MARC Penn
Line Extension
This bill requires the
Maryland Transit Administration (MTA) to establish MARC passenger rail service
to Elkton by July 1, 2008.� This service
is to be provided through a contract with Amtrak to include at least one
morning and one evening passenger rail train to Elkton on the Penn line.
This bill
also expresses the intent of the General Assembly that MTA should increase rail
service to this region, eventually expanding to include service to North East
and Wilmington, DE, as well as additional service to Aberdeen and Edgewood, and
full service to Elkton.
Effective
Date:� October 1, 2007
For more information,
please contact:� Matt Greenwood
Prescription Drugs
HB1025� Maryland Rx Program - Modifications
This bill allows individuals meeting the criteria
established by the Department of Budget and Management to participate in the
Maryland Rx Program.� Individuals that participate
in the Program would be responsible for the cost of the drugs purchased.� The Department may charge an administrative
fee to an individual to offset the costs resulting from the individual's
participation in the Program.
Effective
Date:� July 1, 2007
For more
information, please contact:� Nicole
Xander
SB0670� Prescription Drugs - Canadian Mail Order Plan
This bill requires the
Department of Health and Mental Hygiene (DHMH), in
coordination
with the Secretary of Budget and Management, to develop a Canadian Mail Order
Plan for the purchase and importation of prescription drugs.
Effective
Date:� June 1, 2007
For more
information, please contact:� Nicole
Xander
SJ0001� Federal Legislation Regarding Medicare Part D and
Pharmacy Assistance Programs
This joint resolution urges the Maryland Congressional
Delegation to support federal legislation that clarifys that pharmaceutical
companies may assist particular Medicare Part D beneficiaries through pharmacy
assistance programs.
Effective
Date:
For more
information, please contact:� Tom Lewis
Public Health
HB0313� Maryland Cancer Treatment Program
This bill establishes the Maryland Cancer Treatment
Program in the Department of Health and Mental Hygiene to provide health
insurance coverage to qualifying individuals for the first year of cancer
treatment.� To be eligible for the
Program, an individual must reside in Maryland at the time of cancer diagnosis,
provide documentation that cancer treatment is necessary from the individual's
licensed physician, have no comprehensive health insurance, and have a
countable household income that is less than 650% of the federal poverty
level.� Resources from the Maryland
Medical Assistance Program will be used for provider enrollment, billing and
payment services, as well as individual eligibility and tracking services.� Provider reimbursement rates will be at the
rates established for the Maryland Medical Assistance Program.
Effective
Date:� October 1, 2007
For more
information, please contact:� Sheila
Higdon
HB0836� Public Health - Lyme Disease - Public Awareness
Campaign
This bill requires the
Secretary of DHMH to establish and promote a statewide public information,
awareness, and education campaign on Lyme disease and associated tick-borne
illnesses.
The
campaign would be designed to reach the general public and specific high risk
populations.� Information about Lyme
disease would be disseminated through written materials, television, radio,
posters, or any other medium the Secretary deems appropriate.� Informational materials would be distributed
free of charge to health clinics, schools, the forest and park service, and any
other organization that may serve individuals at a high risk of contact with
deer and other types of ticks.
Effective
Date:� October 1, 2007
For more
information, please contact:� Sheila
Higdon
SB0633� Food Containing Artificial Trans Fat - Prohibition
This bill prohibits public schools and public
institutions of higher education from storing, distributing, holding,
preparing, or serving food containing artificial trans fat, including food that
is served in the original sealed package of the manufacturer.
Effective
Date:
For more
information, please contact:� Nicole
Xander
Taxes/Tax Policy
HB0215� Corporate Income Tax - Tax Credit for Location in a Higher
Education-Affiliated Research Park
This bill provides a tax credit against the state
income tax for eligible expenses of corporations that locate to a higher
education-affiliated research park.� The
credits are transferable.� The bill
requires the Department of Business and Economic Development to administer the
tax credit and adopt regulations jointly with the Comptroller.
Effective
Date:� July 1, 2007
For more
information, please contact:� Tom Lewis
Tort Reform
HB0387� Torts - Release of Claim for Damages - Voidable
This bill changes the time period during which the
signing of a release of a claim for damages resulting from a tort, or any power
of attorney to or contract of employment with attorney with reference to
recovery of tort damages, triggers the voidability of that release or
contract.� Under the bill, such a release
or contract is voidable at the option of the injured individual within 60 days
after the document is signed if it was signed by that individual within 30 days
of the infliction of the injuries.� The
bill changes the time period from original injury to signing from 5 days to 30
days, and clarifies that the 60 days during which such a claim is voidable
starts running when the claim is signed.
Effective
Date:� October 1, 2007
For more
information, please contact:� Nicole
Xander
HB0388� Civil Actions - Dismissal or Termination - Limitations
This bill authorizes a party to commence a new civil
action if the party’s previous civil action was timely filed and was
dismissed or terminated in a manner other than by a final judgment on the
merits.� Such an action must be commenced
within the applicable period of limitations, or within one year from the date
of dismissal or termination of the original action.
Effective
Date:� October 1, 2007
For more
information, please contact:� Nicole
Xander
HB0425� Civil Actions - Liability of Insurer - Failure to Act
in Good Faith
This bill pertains to a civil action filed by an
insured against its insurer or by an insurer against its insured to determine
the existing coverage under the insurer's insurance policy and the extent to
which the insured is entitled to receive payment from the insurer for a covered
loss.� If the court finds that the
insurer failed to act in "good faith," the insured may recover actual
damages, expenses and litigation costs, and interest on all expenses and
litigation costs.� The bill does not
limit the right of any person to maintain a civil action for damages otherwise
available under any other provision of law.
Effective
Date:� October 1, 2007
For more
information, please contact:� Nicole
Xander
Workers Comp
HB0203� Workers' Compensation - Appeals - Admissibility of
Medical Records
This bill stipulates that the writing or record of a
health care provider is admissible for an appeal of an order of the Workers'
Compensation Commission.� In order to be
considered on appeal, the record must be introduced at least 60 days before the
beginning of the trial in circuit court and notice must be given to all other
parties.� A party who receives notice of
this filing may introduce another record at least 30 days before the beginning
of the trial.� All records introduced
must include the name of the health care provider and the dates of treatment or
record.� The bill applies only to appeals
filed on or after October 1, 2007.
Effective
Date:� October 1, 2007
For more
information, please contact:� Nicole
Xander
SB0712� Workers' Compensation - Covered Employees - Benefits
This bill provides
that if an employer does not prove by a preponderance of the evidence that the
employer complied with federal law to verify legal eligibility for employment
of an “undocumented worker,” the worker is entitled to all
applicable workers’ compensation benefits except vocational
rehabilitation benefits.
An
undocumented employee who provides false documentation at hiring and sustains
an accidental personal injury, compensable hernia, or occupational disease is
eligible only for medical services and treatment under workers’
compensation law.
Effective
Date:� October 1, 2007
For more
information, please contact:� Nicole
Xander
��
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Please contact Government Relations if you have concerns or would like
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