��������� Legislative Hotline
2008 SESSION OF THE
MARYLAND GENERAL ASSEMBLY
Volume 15, Number 5����������������������������������������������������������������������������������������������� February 21, 2008
Here are some of the hot
issues as the 2008 Legislative Session develops:
FEDERAL��
�� FY 2009
President’s Budget
STATE
�� Hospital Infection
Reporting
�� State Medicaid
Budget
�� Prescription Drug
Monitoring Program
BILLS
INTRODUCED
STAFF CONTACT INFORMATION
FEDERAL
President Bush has introduced his FY 2009 budget
which totals $3.1 trillion, a $176 billion (6%) increase over FY 2008.� The budget assumes a $407 billion deficit in
FY 2009 but a surplus of $48 billion in FY 2012.� However, these numbers do not include
continued operations in
The President's funding proposal for the National
Institutes of Health nearly freezes spending at the FY 2008 level of $29.5
billion.� Note, in previous years when
Congress failed to enact a budget by the start of the fiscal year, NIH has
addressed the uncertainty by releasing only 80% of its funds until the final
bill was enacted.
For more information, please contact: Beth Felder
The budget proposes $180 billion in cuts to the
Medicare program that would be implemented through both legislative and
regulatory proposals.� These cuts do not
include those already required in statute, such as the 10.6% Medicare physician
payment cut effective July 1, 2008.� The
new cuts proposed by the President include freezing hospital rates until 2011,
then providing an update of market-basket minus 0.65%.� Other Medicare reductions include cuts to
indirect medical education, hospital capital, and disproportionate share
payments.
For more information, please contact: Jim Kaufman
While the President provided more than $225 billion
for Medicaid and SCHIP, the budget assumes $17 billion in cuts for Medicaid
over five years.� The proposed cuts
include elimination of federal funds for Graduate Medical Education (GME) and
limiting coverage for children enrolled in SCHIP to those with family incomes
below 200% of the federal poverty level (currently Maryland enrolls children up
to 300% of federal poverty level).
For more information, please contact: Jim Kaufman
The FY 2009 budget proposes an increase in the
maximum Pell Grant to $4,800, which includes both the mandatory funding
increase provided for in last year’s budget reconciliation and the
President’s proposal for a $69 increase.�
However, elimination of the Supplemental Education Opportunity Grant
(SEOG), the Perkins Loan Program, and the Leveraging Educational Assistance
Program (LEAP) are also proposed.
����� For more
information, please contact: Melisa Lindamood
[ Go to Top]������ [Go to Bills Introduced]
STATE
A bill that would add Methicillin-resistant
Staphlococcus aureus (MRSA)
to the list of conditions which must be reported by laboratories to the
Department of Health and Mental Hygiene (DHMH) was heard in the House and is
headed to subcommittee where amendments offered by the Maryland Hospital
Association (MHA) will be considered.�
Two other bills with hospital-associated infection reporting requirements
were heard in the Senate and are also headed to subcommittee in an effort to
work out the differences between hospitals and the bill proponents.� In addition to the bill’s sponsor and
two patient advocates, proponents included a panel of Maryland Trial Lawyers.
For more information, please contact: Shelia Higdon
The legislative staff analysis of the Medicaid budget
was released last week.� It includes
funds to expand Medicaid benefits to parents ($94.6 million), compensate nursing
homes for prior year’s cost containment ($54.2 million), end hospital day
limits for a portion of the fiscal year ($31.9 million), and continue to raise
physician rates toward 100% of the Medicare payment rate ($9.2 million).
During the 2007 Special Session, the Working Families
and Small Business Health Coverage Act was enacted, expanding Medicaid
eligibility to parents with incomes up to 116% of the federal poverty level
starting in FY 2009.� Starting in FY
2010, the Primary Adult Care (PAC) program benefits will begin to incrementally
expand annually, and in FY 2010 PAC enrollees will be eligible for full
Medicaid benefits.
For more information, please contact: Tom Lewis
Prescription Drug Monitoring Program
A
bill requiring DHMH to establish and maintain a prescription drug monitoring
program that electronically collects and stores data concerning
“monitored prescription drugs” has been heard in the House
Government and Operations Committee.� Although
the program is intended to help track prescription drug abuse, it could also
hinder access to treatment for chronic pain patients and create a substantial
administrative and financial burden for our providers and pharmacists.� Johns Hopkins, accompanied by MedChi, MHA, and the Maryland Society of Anesthesiologist
submitted oral and written testimony in opposition to the bill.� We are asking the State to engage in a study
examining the impact of such a program on the health care system and consumers
before enacting legislation.
For more information, please
contact: Delora Sanchez
[ Go to Top]������ [Go to Bills Introduced]
BILLS
INTRODUCED
Budget – Capital
Higher Education and Financial Aid
Medical Liability and Tort Reform
BILLS INTRODUCED
Budget - Capital
sb0763 �Creation of a State Debt - Baltimore City - Long-Term
Care at Stadium Place
This bill authorizes a state grant of $350,000 to Govans
Ecumenical Development Corporation, Inc., for the planning, design, and real
estate predevelopment studies for a long-term care facility at Stadium Place.
Effective
Date:� June 1, 2008
For more
information, please contact:� Sheila
Higdon
[ Go to Top]������ [Go to Bills
Introduced]
HB1214 �Maryland Not-For-Profit Development Center Program
This bill establishes the Maryland Not-For-Profit
Development Center Program and Fund in the Department of Businesses and
Economic Development.� The program is required
to assist in the economic growth and revitalization of not-for-profit entities
by providing specified training and technical assistance services.� The Maryland Not-For-Profit Development
Center Program Fund is established to provide grant money to support the
operations of the program.� The
Department is required to designate at least one private not-for-profit entity
to receive grants to implement the program.
Effective
Date:� October 1, 2008
For more
information, please contact:� Delora
Sanchez
HB1279 �Maryland Community Health Resources Commission -
Modifications
This bill allows a Commission member who is required
to have experience with a community health resource within the past 5 years to
be employed by a community health resource that receives a grant from the
Commission.� Terms of the members are 4
years and are staggered.� A member may
not serve more than two consecutive terms with exception.� The Governor may remove a member for neglect
of duty, incompetence or misconduct.
Effective
Date:� July 1, 2008
For more
information, please contact:� Delora
Sanchez
HB1454 �Maryland Medical Assistance Program - Hospital -
Managed Care Organizations - Access and Health Care Disparities Elimination
This bill requires the Department of Health and Mental
Hygiene (DHMH) to compel academic hospitals and their affiliated specialty care
networks to contract with qualifying managed care organizations (MCO) at their
request to provide specialty care to Medicare patients.
Effective
Date:� October 1, 2008
For more
information, please contact:� Delora
Sanchez
SB0596 �Courts - Nonprofit Associations - Standing to
Participate in Governmental Proceedings
Senate Bill 596 authorizes a nonprofit association to
exercise standing to assert a claim in its name or on behalf of its members in
a judicial, administrative, governmental, or alternative dispute resolution
proceeding.� A non profit may assert a
claim on behalf of its members if: one or more members have standing to assert
a claim in their own right; the interests that the association seeks to protect
are closely related to its purposes; and the participation of the member is not
required by the claim or relief requested.�
A nonprofit must designate a resident agent and file the resident
agent’s consent with the State Department of Assessments and Taxation.
Effective
Date:� October 1, 2008
For more
information, please contact:� Delora
Sanchez
[ Go to Top]������ [Go to Bills
Introduced]
HB0738 �State Aid for Education - Full-Time Equivalent
Enrollment - Calculation
This bill changes the definition of “full-time
equivalent enrollment” to calculate certain state aid for education.� The definition is changed from the sum of the
number of students enrolled in grades 1 through 12 in regular day school
programs to the average daily attendance of the students during the previous
school year.
Effective
Date:� July 1, 2008
For more
information, please contact:� Delora
Sanchez
�Education - Character Education Fund
This bill establishes the Character Education Fund in
the State Department of Education to encourage county boards to fund and
implement character education programs.�
The Governor is to include $250,000 in the state budget each fiscal year
for the fund.� The Department is to
report to the Governor and the General Assembly on or before November 1st of
each year on the distribution of grants from the fund.
Effective
Date:� July 1, 2008
For more
information, please contact:� Delora
Sanchez
HB0920 �Education - Student Who Is a Victim of Violent Crime -
Option to Require Offender to Change Schools
HB 920 addresses
school transfer policies concerning students who are victims of violent crimes
or delinquent acts committed by another student.� The bill defines an “offender” as
a student who has been convicted of a violent crime or who committed a
delinquent act which would be a violent crime if committed by an adult.� A “victim” is a student who suffers
actual or threatened physician harm as a result of an offender’s violent
crime or delinquent act.���
The bill
requires the local superintendent to take certain actions when an offender
commits a violent crime against a victim during a school day, at a
school-sponsored event, while in transit to or from school or a
school-sponsored event, or on school grounds.�
First, the superintendent must promptly notify the victim or their
representative (i.e., a family member or guardian) of the victim’s
rights.� Second, the superintendent must
transfer either the victim or the offender to another “safe” public
elementary, secondary, or charter school within the county school system.� The transfer decision is determined by the
victim or their representative.�
Alternatively, the offending student may be expelled from the school.
Effective
Date:� October 1, 2008
For more
information, please contact:� Corianne
Iacovelli
HB0978 �Education - Funding Formula for Adult Education and
Literacy Grants
This bill requires the State Department of Education
to provide competitive adult education grants.�
The grants will fund GED instruction, the Maryland External High School
Program, English for speakers of other languages, family literacy, and basic
skills and literacy instruction throughout the state. The bill requires the
grant funding to be provided for in the state budget beginning fiscal year
2010.
Effective
Date:� July 1, 2009
For more
information, please contact:� Delora
Sanchez
sb0773 �State Department of Education - Adult Education and
Family Literacy Services
This bill requires the State Department of Education
to annually compile a list by county of adult education and family literacy
services offered to the public, distribute the list to the county board and
county superintendent of each local school system, and post the list on its
public website.
Effective
Date:� October 1, 2008
For more
information, please contact:� Delora
Sanchez
[ Go to Top]������ [Go to Bills
Introduced]
hb0906 �Maryland Revised Anatomical Gift Act
This bill would repeal
the Maryland Anatomical Gift Act and replace it with the Maryland Revised
Anatomical Gift Act.� The new Act will
provide the necessary mechanisms for individuals who opt to become organ
donors; would require that procurement organizations be allowed access to organ
donation information from the Motor Vehicle Department; and require each
hospital in the State to enter into an agreement or affiliation with an organ
procurement organization.
This bill
would also require the Secretary of Health and Mental Hygiene to contract with
and provide compensation to a nonprofit entity for the purpose of the
establishment, maintenance, and operation of a donor registry.� Funds to this registry will be provided in
part by the Organ and Tissue Donation Awareness Fund.
Effective
Date:� October 1, 2008
For more
information, please contact:� Ines Vigil
hb1142 �Patient Referrals - Imaging and Radiation Therapy
Services - Accreditation
House Bill 1142 authorizes health care practitioners
to make referrals for magnetic resonance imaging services, radiation therapy
services, and computer tomography scan services by changing the definition of
“in-office ancillary services”.�
The bill requires that health care entities that furnish magnetic
resonance imaging services, radiation therapy services, and computer tomography
scan services receive accreditation by specified dates.
Effective
Date:� October 1, 2008
For more
information, please contact:� Delora
Sanchez
[ Go to Top]������ [Go to Bills
Introduced]
HB0951 �Living at Home Waiver Program - Case Management -
Eligibility
This bill requires nursing facilities to notify case
management entities under contract with the state to provide services to
"living at home waiver program" (Program) participants within 24
hours of admission of an individual who is eligible or potentially eligible for
the Program.� The facility must allow
representatives of the case management entity access to the nursing facility
and must assign nursing facility staff to collaborate with the case management
entity representatives to assess the individual's eligibility for the
program.� If an individual is deemed
eligible for the Program, case management representatives and the nursing
facility staff shall develop a transition plan in accordance with the individual's
needs and preferences.� The case management
entity shall provide outreach and training to the nursing facility operators
and assigned discharge planning staff to facilitate the identification of
individuals eligible for transition services upon admission to the nursing
facility.
Effective
Date:� July 1, 2008
For more
information, please contact:� Sheila
Higdon
sb0677 �Nursing Facilities - Accountability Measures -
Pay-for-Performance
This bill amends current statute relative to the
quality assessment distributed to nursing facilities effective July 1, 2008,
and requires the Department of Health and Mental Hygiene to develop a plan for
accountability measures to use in a pay-for-performance program in consultation
with representatives of the nursing facilities and other stakeholders.� The plan shall include program goals,
recommended options, funding sources, implementation timelines, and
consideration of a pilot program before full implementation of the
pay-for-performance program.
Effective
Date:� July 1, 2008
For more
information, please contact:� Sheila Higdon
sb0682 �Medical Assistance Program - Long-Term Care
Eligibility - Consolidation Plan
This bill requires the
Department of Health & Mental Hygiene (DHMH) and the Department of Human
Resources (DHR), in consultation with LifeSpan Network and the Health
Facilities Association of Maryland, to develop a plan to integrate the
functions necessary for the determination of Medical Assistance Program (MAP)
eligibility for long-term care services.
The plan
shall transfer the workforce employed by DHR who determine long-term care MAP
eligibility to DHMH; create uniform procedures, guidelines and forms to be
utilized by all employees in the determination; and streamline regulations,
policies, and procedures related to the application for long-term care MAP
services.
By November
1, 2008, DHMH and DHR shall submit a report on the implementation of the plan
to the Governor and General Assembly.
Effective
Date:� July 1, 2008
For more
information, please contact:� Sheila
Higdon
[ Go to Top]������ [Go to Bills
Introduced]
hb1224 �Hospitals - Nursing Care Committees, Staffing Plans,
and Commission on Nursing Acuity
This bill requires
hospitals to report to the HSCRC on the nursing workload in each unit of the
hospital.�� It also requires each
hospital to create a nursing care committee (at least 50% of which is composed
of nurses who provide direct patient care) that:
- provides
for the minimum direct care professional registered nurse-to-patient staffing
needs of each inpatient care unit
-
recommends written hospital-wide staffing plans
twice a
year:
- selects,
implements, and evaluates minimum staffing levels for inpatient care units and
an acuity model that provides staffing flexibility and aligns changing patient
acuity with the required nursing skills
- reviews
nurse-to-patient staffing guidelines for all inpatient units and the acuity
tools and measures that are used by the hospital
Each
hospital is required to adopt and implement a hospital-wide written staffing
plan, giving significant consideration to the recommendations of the nursing
care committee, and considering:
- the
complexity of complete care
-
assessment of patient admission
- number of
patient admissions
- number of
patient discharges and transfers
-
evaluation of the progression of problems experienced by a patient
- need for
ongoing physical assessments of a patient
- planning
required for the discharge of a patient
- need for
an assessment after a change in patient condition
- need for
patient referrals
-
complexity of clinical professional nursing judgement needed to design and
implement the nursing care plan of a patient
- need for
specialized equipment and technology
- skill mix
of other personnel providing or supporting direct patient care, including the
personnel's involvement in quality improvement activities, professional
preparation and experience
- patient
acuity and the number of patients for whom care is being provided
- nursing vacancy
rates
The written
staffing plan shall require each unit nurse manager or designee to conduct an
ongoing assessment of the patient acuity levels on a unit and the nursing staff
that is needed, and the identification of additional nurses needed for safe
staffing to deliver direct patient care when the unexpected needs of a patient
exceed the planned workload for direct care staff.
In
addition, the plan must be posted in a conspicuous location that is accessible
by patients and staff.
The bill
also establishes a Commission on Nursing Acuity consisting of the following
members:
- one
senator
- one
delegate
and
representatives of each of the following entities, appointed by the Governor:
- Office of
the Governor
- HSCRC (2)
- MHA
- Office of
Health Care Quality
- 2
Professors of Nursing
- 2 bedside
nurses
- 2 nurse
executives
- SEIU (2)
- Maryland
Nurses Coalition (2)
- Maryland
Nurses Association (2)
The
Commission is charged with the following:
- review
methodology used in the state to cost and bill for nursing services provided in
a hospital
- compare
costing and billing methods used in Maryland to those used in other states such
as New York, Illinois and Colorado
- determine
the hours of care and direct and indirect costs of nursing care provided in
hospitals for individual patients and by diagnosis
- identify
methods to allocate nursing care hours and costs to adjust reimbursement to
hospitals for individual patients and by diagnosis
- establish
a mechanism for hospitals to record and report nursing hours and charges on the
bill of the patient
- develop
methods to record daily nursing inpatient hours and charges using a unique
nursing revenue code and to collect the data in the appropriate billing
abstract
- establish
a unique nursing cost center at each facility to record the direct and indirect
nursing costs and total nursing employee hours for registered nurses and
licensed practical nurses
- create a
method to collect nursing cost center data from each hospital from the HSCRC
and to report publicly a comparison of nursing direct and indirect costs, RN
and LPN employee hours, and standardized vacancy rates among hospitals
- evaluate
nursing performance
- require
the HSCRC to establish a mechanism for hospitals to collect data on nursing
costs, charges, and hours of care expended for individual patients and report
publicly a comparison of the data by patient diagnosis and hospital
- develop a
public reporting mechanism to track trends in nursing care costs, vacancy
rates, hours of care, staffing patterns and nurse care quality over time and
across hospitals
- develop a
method to identify the top-performing and lowest-performing hospitals with
regard to nursing care and to require low-performing hospitals to develop and
report a remediation plan for improvement
- create a
mechanism for top-performing hospitals to receive a financial incentive within
the inpatient payment system
By January
1st of each year, the Commission is required to report to the Governor and
General Assembly on the implementation of the charge to the Commission.
Effective
Date:� October 1, 2008
\For more
information, please contact:� Sheila
Higdon
[ Go to Top]������ [Go to Bills
Introduced]
HB1009 �Income Tax Exemption - Military Health Care Pensions -
Health Care Workforce Shortage
This bill authorizes an income tax exemption of
military retirement income for an individual if they commit to living and
working in Maryland for a period required by the Comptroller and work in a
health care field identified as having a health care workforce shortage by the
Statewide Commission on the Shortage in the Health Care Workforce.
Effective
Date:� July 1, 2008
For more
information, please contact:� Sheila
Higdon
HB1414 �Patient Referrals for Radiation Therapy Services
This bill repeals radiation therapy services from the
services not included in the definition of in-office ancillary services
provided by health care professionals under the laws related to patient
referrals.� The bill also provides that
specified prohibitions on referrals do not apply to referrals for radiation
therapy.
Effective
Date:� October 1, 2008
For more
information, please contact:� Delora
Sanchez
SB0443 �State Board of Physicians - Subpoenas - Medical Records
for Mental Health Services
A health care provider
must disclose medical records in accordance with a subpoena to licensing and
disciplinary boards for the purpose of investigations regarding licensure,
certification, discipline, or the improper practice of a health professional
– even if disclosure is not authorized by the patient or other person in
interest.� Health General Art. �
4-307(k)(1)(v)(1).� The following
individuals are “persons in interest” under the statute: an adult
patient or their authorized agent; the personal representative of a deceased
patient; certain minor patients; a parent, guardian, custodian or
representative of a minor patient; or a person appointed by the patient to have
power of attorney.� Health General Art. �
4-301(k).��
SB 443/HB
876 creates procedural protections for persons in interest when the Maryland
State Board of Physicians (“the Board”) issues a subpoena for a
patient’s medical records for mental health services at the request of a
complainant other than a person in interest.�
These protections would be found at Health Occupations Art. �
14–401(i).�
The bill
requires the Board, on the same date as the subpoena is issued in such a
situation, to notify the person in interest, by certified mail, of the subpoena
and to inform them of their rights regarding the medical records.� The person in interest may assert any
constitutional or legal grounds for opposing disclosure in a motion to quash or
a motion for a protective order.� They
may also request a hearing on the motion.�
Any motions must be filed in the Circuit Court for the jurisdiction
where the person in interest resides within 30 days of receiving the
notice.� If a person in interest does not
assert their right to oppose the subpoena within 30 days after receiving the
notice, the Board may require the subpoena recipient to disclose the mental
health records.�� The bill also requires
the Board, on the same date as the subpoena is issued, to notify the subpoena
recipient by certified mail that the person in interest was given the above
notice.�
SB 443/HB
876 is the legislature’s latest reaction to the Court of Special
Appeals’ decision in Maryland State Board of Physicians v. Eist, 176 Md.
App. 82 (2007).� That case is currently
under review by the Court of Appeals.�
936 A.2d 852 (Dec. 13, 2007).�
During the 2007 regular session, the General Assembly considered a
virtually identical bill, SB 258/HB 361, which passed in the Senate but was not
voted on in the House.
Effective
Date:� October 1, 2008
For more
information, please contact:� Corianne
Iacovelli
[ Go to Top]������ [Go to Bills
Introduced]
Higher Education and Financial Aid
HB0942 �Health Disparities - Institutions of Higher Education
- Report
This bill requires the Maryland Office of Minority Health
and Health Disparities to work with universities, colleges, and health care
professional training programs to develop cultural competency courses.� The courses are to be designed to address the
problem of racial and ethnic disparities in health care access, utilization,
quality, outcomes, and treatment decisions.�
On or before December 1, 2008, universities, colleges, and health care
professional training programs are to report to the Senate Finance Committee, the
House Health and Government Operations Committee, and the Office of Minority
Health and Health Disparities on the courses that have been developed.
Effective
Date:� July 1, 2008
For more
information, please contact:� Mat Palmer
HB1418 �Task Force to Study Occupancy Limits on Rental Housing
Near University Campuses
This bill would create
a Task Force to study the impact of college students on neighborhood quality of
life, ordinances and regulations which can affect rental and occupancy near
colleges, ways that colleges can help the community to deal with issues of
student housing, and coordination between counties, municipalities and the
college to deal with issues of student housing.
The Task
Force would have 20 members, including an administrator and a student from
UMCP, Salisbury, Towson and Bowie, a homeowner near one of these colleges, a
representative from MML, MACO, NFIB, the Retailers Assoc., a Senator, a
Delegate, the Secretary of Higher Education, the State Fire Marshal, and a
rental unit owner.� The Task Force will
report its findings to the Governor on December 1, 2009.
Effective
Date:� October 1, 2008
For more
information, please contact:� Mat Palmer
HB1430 �Higher Education - Maryland Biotechnology Scholarship
Program
This bill would create the Maryland Biotechnology
Scholarship Program which will be administered by MHEC.� To qualify for this scholarship a student
must be a resident of Maryland, have financial need, be accepted to a full-time
undergraduate or graduate school in biotechnology-related fields, and sign a
letter of intent to perform a service obligation upon graduation.� MHEC shall determine the amount of aid on the
basis of financial need and strength of application; the annual scholarship may
not exceed full in-state tuition at a USM institution.� Within one year of graduation, the recipient
must begin employment in Maryland and work two years for every one year the
scholarship was received.� If the
recipient does not satisfy these requirements he/she must repay the scholarship
in full.
Effective
Date:� October 1, 2008
For more
information, please contact:� Mat Palmer
HB1451 �Task Force to Study Standardizing Introductory Courses
in Higher Education in Maryland
This bill would create the Task Force to study
Standardizing Introductory Courses in Higher Education in Maryland.� The Task Force would be made up of 2
Senators, 2 Delegates, the Secretary of Higher Education, the Chancellor of the
University System of Maryland, the Executive Director of Maryland Assoc. of
Community Colleges, 3 presidents of 4-year public universities, 4 deans of
4-year public universities, and 3 presidents of community colleges.� The task force would make recommendations on
the feasability of standardizing basic freshman and sophmore courses in public higher
education institutions to promote the transfer of students and credits between
community colleges and 4-year institutions.�
The task force would submit a report to the legislature and the Governor
on or before Sept. 30, 2009.
Effective
Date:� July 1, 2008
For more
information, please contact:� Mat Palmer
[ Go to Top]������ [Go to Bills
Introduced]
Medical Liability and Tort Reform
HB0969 �Health Care Malpractice - Death - Noneconomic Damages
This bill increases the limitations on noneconomic
damages to 150% for survival and wrongful death actions concerning health care
malpractice arising after January 1, 2009.
Effective
Date:� January 1, 2009
For more
information, please contact:� Delora
Sanchez
HB1134 �Immunity from Liability - Medical Emergency - Use of
Automated External Defibrillator
This bill grants immunity from civil liability and
damages arising from the use, possession, or purchase of an Automated External
Defibrillator (AED).� The immunity
granted by the bill does not apply to conduct of an individual or facility that
amounts to gross negligence, willful or wanton misconduct, or tortuous conduct.
Effective
Date:� October 1, 2008
For more
information, please contact:� Delora
Sanchez
[ Go to Top]������ [Go to Bills
Introduced]
HB1333 �Maryland Institute for Emergency Medical Services
Systems - Executive Director - Appointment
This bill requires the Governor to appoint the
Executive Director of the Emergency Medical Services Systems and provides that
the Director serves at the pleasure of the Governor.
Effective
Date:� October 1, 2008
For more
information, please contact:� Delora
Sanchez
HB1390 �Courts - Limited Immunity - Alcohol or Drug-Related
Overdose Incidents
This bill provides that a person who seeks medical
assistance for another person who is experiencing an alcohol or drug overdose
will receive immunity from civil liability or criminal prosecution.
Effective
Date:� October 1, 2008
For more information,
please contact:� Delora Sanchez
sb0730 �Task Force on Administrative Compensation for
Birth-Related Neurological Injury
This bill creates the
Task Force on Administrative Compensation for Birth Related Neurological
Injury.� The task force will study the
administrative compensation programs for birth related neurological injury
established or proposed in other states; investigate the financial, policy,
administrative, and legal issues related to the design of a program; and
examine the impact of a program on physicians practicing obstetrics.� The task force will be comprised of:
- three
members of the Senate of Maryland, appointed by the President of the Senate
- three
members of the House of Delegates, appointed by the Speaker of the House
- the
Secretary of Health and Mental Hygiene, or the Secretary’s designee
- the Chair
of the State Board of Physicians, or the Chair’s designee
- two health
care consumers
- the Chair
of the State Workers’ Compensation Commission
- two
representatives of the medical professional liability insurance industry
- one
representative of a Maryland Hospital
- one
representative of the Maryland State Bar Association
- one
representative of the Maryland Trial Lawyers Association
- one
representative of the health insurance industry
- one
representative of an advocacy group representing patients with birth related
neurological injuries
- two
physicians who have practiced obstetrics in the past 10 years
- two
physicians who have practiced pediatrics in the past 10 years
The task
force will be required to report its findings and recommendations to the
Governor and General Assembly in an interim report on December 1, 2009 and a
final report on December 1, 2010.
Effective
Date:� October 1, 2008
For more
information, please contact:� Delora
Sanchez
SB0810 �Transportation - Maryland Emergency Medical System
Operations Fund - Transport by Privately Owned Helicopter
This bill requires that the owners of privately owned
helicopters receive reimbursement from the Maryland Emergency Medial System
Operations Fund for costs incurred in transporting individuals for emergency
medical treatment.� The bill adds the
reimbursement to authorized fund expenditures.
Effective
Date:� October 1, 2008
For more
information, please contact:� Delora
Sanchez
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Introduced]
HB0718 �Lead Risk Reduction - Acquisition of Property -
Compliance Requirements
This bill authorizes a person who intends to acquire a
property that is considered to be affected by lead risk reduction standards to
submit a compliance plan to the Department of the Environment.� This bill also requires an application fee of
$200 for each occupied affected property and each occupied unit in a multifamily
affected property.
Effective
Date:� October 1, 2008
For more
information, please contact:� Ines Vigil
HB0790 �Department of Health and Mental Hygiene- Child Abuse
Medical Providers Initiative
This bill changes the
name of the Child Abuse and Neglect Centers of Excellence to the Child Abuse
Medical Providers (Maryland CHAMP) Initiative operating within the Department
of Health and Mental Hygiene.�
The purpose
of the initiative is to improve the protection of children within the State;
recruit local physicians to gain clinical expertise in diagnosis and treatment
of child abuse and neglect; improve medical assessment and treatment;
facilitate the appropriate prosecution of criminal child abuse and neglect; and
provide expert consultation and training in the diagnosis and treatment of
physical child abuse and neglect and sexual abuse through teleconferencing and
on-site services.
Effective
Date:� October 1, 2008
For more
information, please contact:� Ines Vigil
HB0802 �Women's Health - HIV Testing and Infant Mortality
Reduction
This bill requires a pregnant woman to be tested for
the presence of HIV as part of the woman's prenatal care program.� As part of this bill, a pregnant woman may
decline to be tested for HIV and the declination shall be documented in the
medical record; may not be denied testing for HIV based on her economic status;
and must receive counseling on HIV testing, HIV risk reduction, and the effect
of a positive HIV test result.
Effective
Date:� July 1, 2008
For more
information, please contact:� Ines Vigil
HB0810 �Task Force to Study Involuntary Outpatient Commitment
This bill establishes
the Task Force to Study Involuntary Outpatient Commitment.� The Task Force will consist of one Senator;
one Delegate; one representative of the Judicial Branch; the Secretary; the Attorney
General; the Executive Director of the Mental Hygiene Administration; and the
Executive Director of the Alcohol and Drug Abuse Administration.
Also
represented on the Task Force shall be one representative of the Maryland
Hospital Association; one representative of MedChi; one representative of the
Mental Health Association of Maryland; one representative of the National
Alliance for the Mentally Ill; one representative of the American Civil
Liberties Union; one representative of the Community Behavioral Health
Association of Maryland; one representative of the Maryland Psychiatric
Society; one representative of On Our Own of Maryland; one representative of
the Office of the Public Defender; one representative of the Department of
Psychiatry at the Johns Hopkins University School of Medicine; and one
representative of the Department of Psychiatry at the University of Maryland
School of Medicine.
Effective
Date:� July 1, 2008
For more
information, please contact:� Ines Vigil
HB0991 �HIV Testing - Informed Consent and Treatment -
Pregnant Women
This bill alters the requirements for health care
providers to obtain informed consent for HIV testing and establishes procedures
for referral for treatment and supportive services for individuals who test
positive.� This bill also requires health
care providers to notify pregnant women that they will be tested for HIV
infection as part of routine prenatal medical care and testing.� The bill requires health care providers to
offer HIV testing to pregnant women with unknown or undocumented HIV status
during labor and delivery as well as antiretroviral medication during labor and
delivery if a rapid HIV test is found to be positive and results of a
confirmatory test are not available.
Effective
Date:� July 1, 2008
For more
information, please contact:� Ines Vigil
HB1099 �Task Force to Increase the Enrollment of Students in
Medicaid and the Maryland Children's Health Program
This bill establishes
the Task Force to Increase the Enrollment of Students in Medicaid and the
Maryland Children’s Health Plan.�
The task force will study strategies to monitor and ensure that any
student in public school who is eligible for Medicaid or the Maryland
Children’s Health Plan is enrolled in the appropriate program.� Members of the task force will consist of:
- two
members of the Senate of Maryland, appointed by the President of the Senate
- two
members of the House of Delegates, appointed by the Speaker of the House
- the State
Superintendent, or the Superintendent’s designee
- the
Secretary of Health and Mental Hygiene, or the Secretary’s designee
- the
Secretary of Human Resources, or the Secretary’s designee
- one
representative of Baltimore Health Care Access
- one
representative of a children’s health care advocacy organization
The task
force will be required to report its findings and recommendations to the
Governor and General Assembly on or before July 1, 2009.
Effective
Date:� July 1, 2008
For more
information, please contact:� Delora
Sanchez
HB1125 �Maryland Universal Health Care Plan
This bill establishes
the Maryland Universal Health Care Plan under the advisement of the State Board
of Governors.� The purposes of the plan
are to provide for all residents of the State universal health care coverage;
provide access to and choice of health care providers; establish controls to
contain health care costs; provide a comprehensive and coordinated system of
health care services; and provide public financing of health care services.
The members
of the Board of Governors shall consist of 5 representatives of statewide or
regional health care consumer advocacy organizations; 3 representatives of
labor organizations; 3 representatives of business and industry; 2
representatives of hospitals; 2 representatives of physicians, 2 representatives
of licensed nonphysician health care providers; the Executive Director of the
Health Services Cost Review Commission; the Executive Director of the Maryland
Health Care Commission; the Secretary of Health and Mental Hygiene; the
Maryland Insurance Commissioner; the Secretary of Business and Economic
Development; and the Secretary of Aging.
Effective
Date:� Various
For more
information, please contact:� Ines Vigil
HB1148 �Public School Vending Machines - Nutritional Foods and
Beverages
This bill requires each county board of education to
develop and adopt policies relating to vending machines in public schools.� Adopted policies are to include: restricting
access to foods providing minimal nutritional value, increasing access to
nutritious foods throughout the school day, requiring minimum nutrition
requirements on food and drink items available in vending machines, and
allowance of vendor contracts for vending machines and products sold in vending
machines to be available for public and county board review.
Effective
Date:� October 1, 2008
For more
information, please contact:� Ines Vigil
HB1176 �Public Health - Task Force on Childhood Obesity
This bill establishes
a Task Force on Childhood Obesity.� The
Task Force is to report its findings and recommendations to the Governor and
the General Assembly on or before December 31, 2009.
Members of
the Task Force shall include one Senator; one Delegate; the Secretary of Health
and Mental Hygiene; the State Superintendent of Schools; the Insurance
Commissioner; one representative of the Maryland Health Care Commission; one
representative of the Maryland Chapter of the American Academy of Pediatrics;
one representative of the Children's National Medical Center; one
representative of the Johns Hopkins Children's Center; one representative of
the Maryland Association of Boards of Education; one nutritionist; one child
psychiatrist or child psychologist; one representative of the processing or
manufacturing food industry; one expert on diabetes; one expert on physical
education or sports medicine; one representative of a parent teacher
association; and one representative of the Maryland Restaurant Association.
Effective
Date:� July 1, 2008
For more
information, please contact:� Ines Vigil
HB1188 �Public Health Work Group - Hospital Preparedness -
Snakebite Antivenin
This bill requires the
Department of Health and Mental Hygiene to convene a work group to assess the
level of hospital preparedness regarding providing emergency care to patients
with snakebites requiring the timely administration of antivenin.
The
workgroup shall include representatives of the Maryland Hospital Association;
community and academic hospitals; the Maryland Chapter of the American College
of Emergency Physicians; the Maryland Institute for Emergency Medical Services
Systems; the Poison Control Center; and any other appropriate stakeholders.
Effective
Date:� June 1, 2008
For more
information, please contact:� Ines Vigil
HB1196 �Maryland Healthy Places Act
This bill requires the Secretary of Health and Mental
Hygiene to establish a pilot program to assist in promoting the use of health
impact assessments to facilitate the involvement of State and local health
officials in community planning and land use decisions to identify any
potential health concern relating to an activity.� The bill also promotes efforts to bridge
urban planning and public health institutions and disciplines.
Effective
Date:� June 1, 2008
For more
information, please contact:� Ines Vigil
hb1312 �Vehicle Laws - Child Safety Seats - Age and Weight
Requirements
This bill expands the child safety seat requirements
to trucks and vehicles registered in another state or Puerto Rico.� The bill requires individuals transporting
children in the state to place children under 8 years of age in a child safety
seat.
Effective
Date:� June 30, 2008
For more
information, please contact:� Delora
Sanchez
HB1346 �Education - Student Health and Nutrition - School
Programs and Policies
This bill requires public schools to offer a minimum
of one semester of physical education per academic year to students in grades 9
through 12 to develop good health and physical fitness.� The bill also requires the distribution of
information concerning anorexia and bulimia as part of the school's comprehensive
health education program and meals offered under the subsidized and free
feeding programs to contain fresh fruits and vegetables, low-fat dairy
products, and whole grains.
Effective
Date:� July 1, 2008
For more
information, please contact:� Ines Vigil
HB1364 �Medical Records - Disclosure - Blood Alcohol
Concentration
This bill authorizes a health care provider that is
providing medical care immediately following a motor vehicle accident to
disclose a medical record without authorization to law enforcement if the
person of interest's blood alcohol concentration meets or exceeds 0.08%.
Effective
Date:� October 1, 2008
For more
information, please contact:� Delora
Sanchez
HB1395 �Chronic Care and Prevention Partnership Act
This bill establishes the Chronic Care and Prevention
Program in conjunction with a regionally based consortium of health care
resources for the promotion of the health of community residents; the
prevention of chronic conditions; the development and implementation of
delivery care models for the management of chronic conditions; and the
development of patient self-care efforts and systemic supports for the
physician-patient relationship.
Effective
Date:� June 1, 2008
For more
information, please contact:� Ines Vigil
sb0785 �Health - Prohibition Against Smoking in Vehicle
Containing Minor Passenger
This bill prohibits a person from smoking a tobacco
product in a vehicle in which a person who is under the age of six years is a
passenger.� A first violation warrants a
written reprimand, a second violation warrants a civil penalty of $100, and
each subsequent violation warrants a civil penalty of $250.� The penalty may be waived in the case that a
good faith measure to comply with the bill provisions is demonstrated.
Effective
Date:� October 1, 2008
For more
information, please contact:� Ines Vigil
[ Go to Top]������ [Go to Bills
Introduced]
Workers' Compensation
HB1150 �Workers' Compensation - Permanent Partial Disability -
Compensation
This bill requires that if, on petition to reopen or
appeal, a covered employee receives additional compensation for an award for a
permanent partial disability, an employer or insurer is required to pay the
entire amount of the additional compensation.
Effective
Date:� October 1, 2008
For more
information, please contact:� Delora
Sanchez
HB1154 �Workers' Compensation - Permanent Partial Disability -
Benefit
This bill repeals existing law related to compensation
for a claim for permanent partial disability that is awarded for less than 75
weeks.� The bill also increases the
maximum weekly benefit for an employee who is awarded compensation for less
than 75 weeks and allows all employees who are awarded compensation for
permanent partial disability for less than 250 weeks be entitled to the same
maximum weekly benefit.
Effective
Date:� October 1, 2008
For more
information, please contact:� Delora
Sanchez
SB0542 �Workers' Compensation - Covered Employment - Nonstock
Corporations
This bill authorizes directors and or officers of
nonstock corporations to elect to be exempt from coverage under the
workers’ compensation law.
Effective
Date:� October 1, 2008
For more
information, please contact:� Delora
Sanchez
sb0729 �Workers' Compensation Insurance - Premium Rates
This bill requires that the premium rates for workers’
compensation insurance be determined by the actual number of hours worked in
each manual rate classification.�
Employers are prohibited from computing the premium rates as a
percentage of an employer’s payroll.
Effective
Date:� October 1, 2008
For more
information, please contact:� Delora
Sanchez
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Introduced]
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
|
FEDERAL |
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� Beth Felder |
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� Jim Kaufman |
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� Melisa Lindamood |
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STATE |
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�� Mickey Geisler |
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�� Matt Greenwood |
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�� Sheila Higdon |
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�� Tom Lewis |
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�� Mat Palmer |
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�� Delora Sanchez |
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�� Ines Vigil |
[ Go to Top]������ [Go to Bills
Introduced]
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