Legislative Hotline
2007 SESSION OF THE
MARYLAND GENERAL ASSEMBLY
Volume 14, Number 8����������������������������������������������������������������������������������������������� March 7, 2007
STATE
MELISSARATOS JOINS JOHNS HOPKINS
FEDERAL
WITHIN OUR GRASP—OR SLIPPING AWAY? NIH ADVOCACY CAMPAIGN
BILLS
INTRODUCED
STAFF CONTACT INFORMATION
�STATE
The 2007 session of the Maryland General Assembly has passed the halfway point; March 5 was the final date for the introduction of bills without suspension of the Rules.� Although there have been numerous bill hearings and many more scheduled over the next several weeks, issues are still being debated and there have not yet been any significant votes.
Melissaratos joins Johns
Aris
Melissaratos, former secretary of the Maryland
Department of Business and Economic Development, will join
�[ Go to Top]
Within
Our Grasp—Or Slipping Away? NIH Advocacy Campaign
Faced again with a bleak NIH budget outlook, Johns Hopkins
has partnered with other leading institutional recipients to re-focus and
refine the advocacy message.� At the
center of the collaboration is a joint publication, Within Our Grasp—Or Slipping Away? Assuring a New Era of
Scientific and Medical Progress, which explores recent research advances
and the potential for discovery and cures in critical areas such as cancer,
infectious disease, and obesity and diabetes.�
A collaboration of universities including the
Also in response to the significant funding cut in the President’s FY 2008 budget, NIH advocates and members of the scientific and research community are urging Congress to provide NIH with a 6.7% increase over FY 2007, or $30.7 billion in FY 2008.� This level of funding would be the first step in restoring the research capacity lost over the past four years while appropriations have not kept pace with medical research inflation.
BILLS INTRODUCED
Business Operations
SB0514 �Consumer Protection - Protection of Personal
Information from Security Breaches
This bill requires a
business or state entity to notify individuals of a breach of the security of a
system if, as a result of the breach, the individual’s personal
information has been acquired by an unauthorized person or is reasonably
believed to have been acquired by an unauthorized person.� Notification is to be given as soon as
practicable after the business or state entity discovers or is notified of a
breach.� Reasons for delay of
notification may include the following:
- Law enforcement determines that
notification will impede a criminal investigation or jeopardize homeland
or national security; or
- Determining the scope of the
breach, identifying individuals affected, or restoring the integrity of
the system.
Notification
must include contact information for the business or state entity and a
description of the categories of information breached and may be given by
written or electronic notice.� Substitute
notice may be given if the business or state entity demonstrates that:
- The cost of providing notice
would exceed $250,000;
- The affected class of
individuals to be notified exceeds 500,000; or
- The business or state entity
does not have sufficient contact information.� In this case, substitute notice is to be
given consisting of electronic mailing, conspicuous posting of the notice
on the business’s website, or notification to statewide media.
The
Attorney General’s Office must be notified within 24 hours after the
business or state entity becomes aware of the breach.� Notification must be provided to all consumer
reporting agencies that compile or maintain consumer credit information on a
nationwide basis about a breach that requires notification of more than 5,000
individuals.� Compliance with this bill
does not relieve a business from complying with federal, state, or local
laws.� A violation would be considered an
unfair and deceptive trade practice under the Maryland Consumer Protection Act.
An
individual affected may bring action against a person that violates this Act to
recover damages in the amount greater of $500 for each violation or actual
damages sustained as a result of the violation and reasonable attorney fees.
Effective
Date:� October 1, 2007
For more
information, please contact:� Nicole
Xander
General Health Care
HB1040 �Maryland Compassionate Use Act
This bill allows the
medical use of marijuana for qualifying patients with a debilitating medical
condition.� A debilitating medical
condition includes cancer, glaucoma, positive status for HIV, AIDS, and
Hepatitis C.
A
Compassionate Use Registry Program would be created and DHMH would issue
registry identification cards to qualifying patients that meet application
requirements.� The Department must
approve or deny an application within 90 days or the application will be deemed
granted.� Registry cards would expire
within 1 year after the date of issuance.�
The bill also allows the use in Maryland of a registry ID card issued by
another state under certain circumstances.
The bill
also repeals provisions that allow a person charged with possession or use of
marijuana or related paraphernalia to introduce evidence related to medical
necessity and, if the person is convicted and the court finds there was medical
necessity, limits the maximum punishment to a fine of $100.
Effective
Date:� October 1, 2007
For more
information, please contact:� Nicole
Xander
HB1169 �Health Programs - Diabetes - The Maryland P3 Program
This bill creates the
Maryland P3 Program in the Center for Drugs and Public Policy in the Maryland
School of Pharmacy in the University of Maryland, Baltimore.� The Program is to utilize pharmacists as
primary providers assisting individuals with chronic conditions with the proper
use of medications, diagnostic testing, counseling, and overall disease state
management.
Beginning
in FY 2009, the Governor is to include at least $125,000 in the budget for a
grant to the Center for Drugs and Public Policy to operate the Program.
Effective
Date:� October 1, 2007
For more
information, please contact:� Nicole
Xander
HB1306 �Maryland Commission for Autoimmune Disease Information
and Research
The bill creates the
Maryland Commission for Autoimmune Disease Information and Research in the
Department of Health and Mental Hygiene (DHMH).�
The Commission is to include members from the General Assembly as well
as members appointed by the Governor, the President of the Senate and the
Speaker of the House.� Those appointed
members are to be selected from a list of applicants who have been nominated
and recommended by organizations whose interests relate to Autoimmune
Disease.�
The
Commission's charge is to include developing strategies and programs designed
to raise public awareness of autoimmune disease issues and healthy lifestyle practices.� In addition, the Commission is to review the
health status of autoimmune disease patients in the state and utilize available
state and federal information sources to obtain a precise picture of the presence
of autoimmune diseases in Maryland.� The
Commission may accept federal grants and private gifts and donations; such
acceptance of these monies may not be considered a commitment of state funds
and places no obligation on the General Assembly to continue the purpose for
which the funds have been made available.�
The bill
also creates an Autoimmune Disease Information and Research Fund for research
focused on basic, preclinical, and clinical research for treating individuals
with autoimmune disease.� Grants through
this Fund may be awarded to or for:
- a public or private entity;
- a university researcher;
- a research institution;
- private industry;
- clinical trial; or
- supplement an existing grant.
Effective
Date:� October 1, 2007
For more
information, please contact:� Sheila
Higdon
Health Care Facilities
SB0750 �Queen Anne's County - Health Care Facilities
Regulation - Licensing of Freestanding Medical Facilities
This emergency bill
exempts a freestanding medical facility located in Queen Anne’s County
from the Maryland Health Care Commission (MHCC) review process for freestanding
medical facilities and prohibits the Department of Health and Mental Hygiene
(DHMH) from requiring a freestanding medical facility located in Queen
Anne’s County to be approved by MHCC as a condition of licensure.
A facility
exempt under the bill must be located in the same county as the hospital of
which the facility is an administrative part or be located in a contiguous
county and within 20 miles of the county line of the county where the hospital
of which the facility is an administrative part is located.
Effective
Date:� Emergency Measure
For more
information, please contact:� Nicole
Xander
Health Care Practitioners
HB1179 �Health Insurance - Uniform Credentialing Form
The bill repeals the requirement that the Insurance
Commissioner designate through regulations a uniform credentialing form for use
by a carrier or its credentialing intermediary for credentialing and
recredentialing a health care provider for participation on its provider panel.
Effective
Date:� July 1, 2007
For more
information, please contact:� Sheila
Higdon
HB1265 �Physicians - Delegation Agreement - Supervision of
Physician Assistants
The bill amends current statute relative to physician
delegation agreements, permitting the Board of Physicians to authorize a
physician to delegate medical acts under a delegation agreement to no more than
four physician assistants who have less than 5 years of full time experience as
a physician assistant; and, an unlimited number of physician assistants who
have 5 or more years of full time experience as a physician assistant.
Effective
Date:� October 1, 2007
For more
information, please contact:� Sheila
Higdon
Medicaid
SB0729 �Maryland Medical Assistance Program - Atypical
Antipsychotic Medication
This bill stipulates that Primary Adult Care Program
Recipients under the Maryland Medical Assistance Program who are prescribed
atypical antipsychotic medications subject to prior authorization are to be
automatically dispensed an initial 30-day supply of the medication and may not
be subject to a waiting period to determine whether prior authorization was
given.� It also repeals the termination
provision that was set for June 30, 2007.
Effective
Date:� July 1, 2007
For more
information, please contact:� Nicole
Xander
Mental Health
HB1161 �Task Force on Funding Acute Inpatient Mental Health
Services
This bill establishes
the Task Force on Funding Acute Inpatient Mental Health Services.� Members are to include the following: a
Senator; a Delegate; the Executive Director of the Mental Hygiene
Administration; the Director of the Office of Health Care Quality; the
Executive Director of the MHCC; two representatives from the Maryland Hospital
Association (one representative of an acute-care general hospital and one
representative of a private psychiatric facility); a representative from the
Maryland Psychiatric Society; a representative from the Mental Health
Association of Maryland, and a representative from the Community Behavioral
Health Association of Maryland.
The Task
Force is to create a plan to transfer acute inpatient mental health services
from the public sector to the private sector.�
The Task Force is also to identify incentives for hospitals and private
psychiatric facilities to provide acute inpatient mental health services; and
to make legislative and other recommendations regarding this transfer of
services including funding.� The Task
Force must report its findings by December 30, 2007.
Effective
Date:� June 1, 2007
For more
information, please contact:� Nicole
Xander
SB0472 �Mental Hygiene Law - Petition for Emergency Evaluation
- Confidentiality
This bill specifies that on or after January 1, 2006,
a petition for an emergency evaluation of an individual believed to have a
mental disorder and who presents a danger to the life or safety of the
individual or others is confidential and its contents may not be divulged, by
subpoena or otherwise, except by court order on good cause shown.� This does not prohibit access to and
confidential use of a petition by a law enforcement agency in the investigation
and prosecution of the emergency evaluee; or the Department of Health and
Mental Hygiene (DHMH) or a local health department if either is providing
treatment or care to an emergency evaluee who is the petition’s subject
for a purpose relevant to the individual’s treatment or care.� Within 180 days after DHMH or a local health
department accesses a petition, either must submit a report to the court
detailing the purposes for which the petition was used.
Effective
Date:� October 1, 2007
For more
information, please contact:� Sheila
Higdon
Miscellaneous
HB0850 �Alcohol and Drug Abuse Administration - State Drug and
Alcohol Abuse Council
This bill creates the State Drug and Alcohol Abuse
Council.� Members are to serve for three
years and may serve a maximum of two consecutive terms.� Working with state and local crime prevention
and health programs, the Council is to identify, develop, and recommend the
implementation of comprehensive systematic improvements in drug and alcohol
abuse prevention, intervention, and treatment services in the state.
Effective
Date:� October 1, 2007
For more
information, please contact:� Nicole
Xander
HB0883 �Teen Pregnancy - Prevention - Grant and Aid Programs
This bill creates the Teen Pregnancy Prevention Grant
Program to establish or expand programs to prevent at-risk teenage girls from
becoming pregnant.� Any public or private
group or organization establishing or expanding a program may apply to DHMH for
a state grant to be applied toward the cost of operating the program.
Effective
Date:� October 1, 2007
For more
information, please contact:� Nicole
Xander
SB0882 �Medical System Corporation - Board of Directors -
Membership
This bill removes the Executive Director of the Maryland
Institute for Emergency Medical Services Systems as a voting member of the
Board of Directors of the Medical Systems Corporation.
Effective
Date:� October 1, 2007
For more
information, please contact:� Nicole
Xander
Public Health
HB1253 �HIV Testing - Prohibited Exposure - Forensic
Scientists
This bill includes a forensic scientist working under
the direction of a law enforcement agency within the list of possible victims
of prohibited exposure to HIV.
Effective
Date:� October 1, 2007
For more
information, please contact:� Nicole
Xander
HB1298 �Automated External Defibrillator Program
This bill establishes
the Automated External Defibrillator (AED) Program Fund to be used exclusively
to fund the actual documented direct and indirect costs of fulfilling the
statutory and regulatory duties of the EMS Board.� The Comptroller is to distribute the fees to
the AED Program Fund instead of the Maryland Emergency Medical System
Operations Fund.
Facilities
that would like to make automated external defibrillation available must
possess a valid certificate from the EMS Board.�
As part of the qualification for a certificate, a facility must ensure
that each individual who is expected to operate a defibrillator has
successfully completed an educational training course and refresher training as
required by the EMS Board.� An authorized
facility may not be held civilly liable for any act or omission in the
provision of automated defibrillator if the facility possesses a valid
certificate.
The bill
also repeals any limitation on individual use of AEDs and extends certain
immunity provisions to entities participating in the AED Program.
Effective
Date:� July 1, 2007
For more
information, please contact:� Nicole
Xander
SB0902 �Public Health - Mercury-Free Vaccines - Requirements
This bill stipulates that by January 1, 2009
individuals must be vaccinated with vaccines that contain less than 1.25
micrograms of mercury per 0.5 milliliter dose unless the vaccine that meets
this requirement is not readily available or appropriate.
Effective
Date:� October 1, 2007
For more
information, please contact:� Nicole
Xander
Tort Reform
SB0881 �No-Fault Cerebral Palsy Insurance Fund
The bill establishes a
no-fault cerebral palsy insurance fund to pay claimants who are diagnosed as
having a birth-related neurological impairment for medically necessary expenses
for the birth-related neurological impairment and associated disabilities.� The fund consists of revenue distributed to
the fund from the Medical Assistance Program Account of the Maryland Medical
Professional Liability Insurance Rate Stabilization Fund.
The rights
and remedies granted to a claimant who is diagnosed as having a birth-related
neurological impairment exclude all other rights and remedies of any person
against a health care provider or health care facility regardless of the cause
of injury.
A claimant
is not precluded from filing a civil action against a health care provider or
health care facility for a birth-related neurological impairment if there is
clear and convincing evidence that the health care provider or health care
facility deliberately caused the birth-related neurological impairment.� If an initial claim for coverage is not filed
before the claimant's third birthday, compensation from the Fund is to be
limited to expenses incurred on or after the date of filing.� The director of the Fund may require any
person with information about the claim to provide the information the director
considers necessary for the evaluation of the claim and the claimant to submit
to examination or testing.
The
director of the Fund is to evaluate the claim and determine whether or not the
claimant has a birth-related neurological impairment.� If the director is unable to determine
whether or not the claimant has a birth-related neurological impairment, the
director is to issue a determination that the diagnosis is presently uncertain.
A claimant
may appeal a determination of uncertainty under this subsection to an
arbitration panel or resubmit the claim to the Fund at least 1 year but not
more than 3 years after the determination of uncertainty.� If a claimant disagrees with the
determination the claimant may file an appeal with the Fund within 60 days
after notification.� If an appeal is
timely filed, the director is to appoint an arbitration panel of three
physicians who are board certified in neurology or pediatrics to review the
determination.� The panel is to consist
of one physician chosen by the claimant, one physician chosen by the director,
and one physician agreed on by the first two physicians chosen.� The claimant and the director may agree on a
single arbitrator as an alternative to the physician panel.
A vote of
the majority of the panel shall be binding on the panel.� The determination of the panel as to whether
or not the claimant has a birth-related neurological impairment is final and
binding on the Fund.� If the panel is
unable to determine whether or not the claimant has a birth-related
neurological impairment, the panel is to issue a determination that the
diagnosis is presently uncertain.� A
determination of uncertainty may be resubmitted to the fund at least 1 year but
not more than 3 years after the determination of uncertainty.� The panel is to promptly notify the claimant
of the panel's determination.� The
claimant may appeal the panel's determination to the circuit court for the
county where the claimant was born.� An
appeal is to be filed within 30 days after receipt of notification.
Following a
final determination that the claimant has a birth-related neurological
impairment the claimant may submit to the Fund claims for payment.�� Payments by the Fund may not exceed $30,000
each year for any claimant and may be made only for expenses incurred before
the claimant attains the age of 21 years.
At the
beginning of each fiscal year the director is to adjust the $30,000 limit on
annual payments to take into account increases in the cost of medical
care.� Payments made by the Fund may not
include expenses for items the claimant has received or is entitled to receive
under other state or federal law, or from any health insurance policy,
nonprofit health service plan, health maintenance organization, or other
private insurer.
A person
may not charge or collect compensation for legal services in connection with
any claims arising under this subtitle unless the compensation is approved by
the director.� The director is to report
all claims to the state board of physicians for review to determine whether
there are grounds for disciplinary action for failing to meet appropriate
standards for delivery of quality medical care.
Effective
Date: July 1, 2007
For more
information, please contact:� Nicole
Xander
Workers' Comp
HB1006 �Workers' Compensation - Benefits - Cost of Living
Adjustment
This bill requires governments or quasi-public units
to provide a cost-of-living adjustment (COLA) for permanent total disability
payments arising from events occurring before January 1, 1998.� Nongovernmental units are authorized to
provide a COLA for pre-1988 events at their discretion.� The bill is prospective only and applies to
compensation paid on or after the October 1, 2007 effective date of the bill.
Effective
Date:� October 1, 2007
For more
information, please contact:� Nicole
Xander
HB1231 �Workers' Compensation - Medical Records - Authorized
Disclosures
This bill allows a health care provider to disclose a
medical record without the authorization of a person of interest to a party
seeking the disclosure or production of a medical record for the sole purpose
of investigating a claim filed for a work-related injury or occupational
disease upon receipt of a subpoena issued by the Workers' Compensation
Commission or authorization for the release of medical records filed with the
Commission.
Effective
Date:� October 1, 2007
For more
information, please contact:� Nicole
Xander
hb1261 �Workers' Compensation - Permanent Partial Disability -
Compensation
This bill alters the maximum weekly benefit paid to a
covered employee who is awarded compensation for less than 75 weeks for a claim
from events occurring on or after January 1, 2000.� It requires employers to pay compensation
that equals one-third of the average weekly wage of the covered employee but
does not exceed one-fifth of the average weekly wage.� Current law states that compensation should
not exceed $114.
Effective
Date:� October 1, 2007
For more
information, please contact:� Nicole
Xander
SB0549 �Workers' Compensation - Jurisdiction of Commission
Pending Appeal - Temporary Total Disability
This bill amends �9-742 of the Labor and Employment
Article by adding that the Workers' Compensation Commission retains
jurisdiction pending an appeal to consider a request for temporary disability
benefits, provided that the covered employee's claim has been accepted as
compensable by the Commission.� It also
states that if the Commission finds that a covered employee is entitled to temporary
disability benefits, the Commission may pass a supplemental order requiring the
employer to provide the employee with temporary total disability benefits.
Effective
Date:� October 1, 2007
For more
information, please contact:� Nicole
Xander
SB0765 �Insurance - Notice - Premiums
This emergency legislation applies to policies of commercial
insurance and workers' compensation insurance.�
It requires insurers to send a notice to the named insured and insurance
producer, if any, not less than 45 days prior to the renewal date of the
policy.� The bill mandates that if an
insurer seeks to increase the renewal policy premium by more than 20% and the
rating methodology requires the insured to provide information to calculate the
renewal policy premium, an insurer must provide a reasonable estimate of the
premuim if the insurer has requested the required information from the insured
and has not received the requested information.
Effective
Date:� Emergency Measure
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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