��������� Legislative Hotline
2008 SESSION OF THE
MARYLAND GENERAL ASSEMBLY
Volume 15, Number 6����������������������������������������������������������������������������������������������� February 28, 2008
Here are some of the hot issues as the 2008
Legislative Session develops:
BILLS
INTRODUCED
STAFF CONTACT INFORMATION
Legislative Session
With the Legislative Session
reaching its midpoint, bill and budget hearings are now dictating the schedule
in
For more
information, please contact:� Tom Lewis
BILLS
INTRODUCED
General Business
Health Insurance/Health Care
Access
Higher Education and Financial Aid
BILLS INTRODUCED
General Business
HB1492 �Senior Prescription Drug Assistance Program - Subsidy
for Medicare Part D Coverage Gap
This is an administrative bill which requires certain
nonprofit health service plans to transfer $4,000,000 to the separate account
for the Senior Prescription Drug Assistance Program within the Maryland Health
Insurance Plan.� Nonprofit health service
plans that have a surplus that exceeds 800% of the consolidated risk-based
capital requirements applicable in the immediately proceeding calendar year are
required to transfer $4,000,000 to the separate account.� The bill requires the Program to provide a
subsidy up to the full amount of the Medicare Part D coverage gap, subject to
the availability of funds.
Effective
Date:� October 1, 2008
For more
information, please contact:� Delora
Sanchez
sb0916 �Maryland Trauma Physician Services Fund -
Reimbursement and Grants
This bill requires the Maryland Trauma Physicians
Services Fund to reimburse Level I trauma centers, pediatric trauma centers,
and Maryland trauma specialty referral centers for costs incurred to maintain
on call surgeons.� Level I and pediatric
trauma centers are eligible for a maximum reimbursement of 4,380 hours of
trauma on call per year.� A Maryland
trauma specialty referral center is eligible for a maximum reimbursement of
2,190 hours of trauma on call per year.�
The Maryland Health Care Commission (MHCC) in consultation with the
Health Services Cost Review Commission (HSCRC) may establish a payment rate for
uncompensated care incurred by a trauma physician that is above 100% of the
Medicare payment for the service under certain circumstances.� MHCC in consultation with HSCRC and the
Maryland Institute for Emergency Medical Services Systems (MIEMSS) are required
to develop a process for the award of equipment grants to Level II and Level
III trauma centers.
Effective
Date:� July 1, 2008
For more
information, please contact:� Delora
Sanchez
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HB1379 �Health Insurance - Waiver for Older Adults Expansion
Fund
This bill establishes the Waiver for Older Adults
Expansion Fund (Fund) to expand access to home and community-based services by
financing additional slots in the Medicaid Waiver for Older Adults Program
(Program). The Fund consists of moneys transferred from the Maryland Health
Care Provider Rate Stabilization Fund, any moneys made available from
investment earnings, and any other moneys from any other source accepted for
the benefit of the Fund.�� In FY2010
through FY2012 the Fund shall be used to serve 250 additional individuals
beyond those in the Program in FY2008.�
Moneys from the Fund shall supplement and may not supplant funding for
the Maryland Medical Assistance Program and the Medicaid Waiver for Older
Adults Program.
Effective
Date:� October 1, 2008
For more
information, please contact:� Sheila Higdon
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HB1503 �Certificate of Need - Hospital Closure
This bill would provide that a Certificate of Need is
required to close any hospital or part of a hospital in any county with fewer
than three hospitals.
Effective
Date:� July 1, 2008
For more
information, please contact:� Mat Palmer
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HB0923 �State Board of Nursing - Temporary Licenses and
Temporary Practice Letters - Renewal
The bill authorizes the State Board of Nursing to
renew a temporary license or practice letter every 30 days for up to 8 months.
Effective
Date:� Emergency Measure
For more
information, please contact:� Sheila
Higdon
HB1334 �Health Regulatory Boards - Additional Powers and
Duties
The bill sets out
specific procedures for all health regulatory boards for handling complaints
against licensees and certificate holders, the timing and conduct of hearings,
and various notice and opportunity to respond requirements. The initiation of
the investigation or a filing of a complaint has to occur within five years
from the date an action was committed or three years from the date an injury
was discovered, whichever comes first.
The health
regulatory board has to issue any charges within 12 months of the date of
receipt of a complaint or initiation of an inquiry by the board unless
documented extenuating circumstances occur. A board has to disclose the entire
investigatory file to a licensee or certificate holder within 10 days of
charges being issued. The board has to dismiss a complaint, place a licensee on
probation, or suspend or revoke the license of a licensee or certificate holder
within two years unless documented extenuating circumstances occur.
An
assistant Attorney General who serves as counsel to a board can participate in
the investigation of any matter before the board.� However, an assistant Attorney General who is
assigned to serve as an administrative prosecutor may not: serve as counsel to
any board; participate in the investigation of any matter before the board; or
be provided with any information from any investigation by a board until the
board issues charges against a licensee or certificate holder.� If a board decides to charge a licensee or
certificate holder, it has to refer the case to an administrative prosecutor to
draft the charges.� Upon referral, ex
parte communication between the board and the administrative prosecutor regarding
the case is prohibited.
An
individual who conducts an investigation for a health regulatory board must
have professional background, training, or experience similar to the licensee
or certificate holder. Any investigation of charges relating to a violation of
the applicable standard of care has to include review by at least two neutral
peer reviewers. If the two reviewers disagree in their findings, a third
independent reviewer has to review the case. A health regulatory board can
enter into a written contract with a nonprofit entity or entities for
independent peer review of allegations based on a failure to meet appropriate
standards of care. The board must ensure that the entity provides reviewers
with professional background, training, or experience similar to that of the
licensee or certificate holder under review, who must be given the opportunity
to respond to any of a reviewer's questions.
The bill
requires that the vote of two-thirds of all health regulatory board members is
required before taking disciplinary action against a licensee. In addition, the
bill clarifies that a majority vote of the board’s quorum is sufficient
to summarily suspend a license.
Effective
Date:� October 1, 2008
For more
information, please contact:� Sheila
Higdon
�HB 1407 Birth Options Preservation Act
This bill prohibits the State Board of Nursing from
requiring certified nurse midwives (CRNM) to have a signed written agreement
with a licensed physician that describes the functions and scope of practice of
the nurse midwife.� At the request of the
Board the CRNM shall make available to the Board a copy of the written practice
guidelines required by the Standards for the Practice of Midwifery of the
American College of Nurse-Midwives.
Effective
Date:� October 1, 2008
For more
information, please contact:� Sheila
Higdon
HB1408 �Janet L. Hoffman Loan Assistance Repayment Program -
Exemption from Taxation
The bill provides an exemption from taxation under the
Maryland income tax for amounts received through the Janet L. Hoffman Loan
Assistance Repayment Program.
Effective
Date:� July 1, 2008
For more
information, please contact:� Sheila
Higdon
[GO to TOP]� [GO to BILLS INTRODUCED]
Health Insurance/Health Care Access
SB0918 �Long-Term Care Insurance- Discrimination Based on
Genetic Information or Tests- Prohibited
This bill prohibits an insurer, nonprofit health
service plan, or health maintenance organization from using a genetic test, the
results of a genetic test, or genetic information to reject, deny, limit,
cancel, refuse to renew, increase the rates of, or otherwise affect a health
insurance policy or contract.� The bill
also prohibits the release of identifiable genetic information or the results
of a genetic test to any person without the authorization of the individual
tested.
Effective
Date:� October 1, 2008
For more
information, please contact:� Ines Vigil
�[GO to TOP]� [GO to BILLS INTRODUCED]
Higher Education and Financial Aid
SB0867 �Historically Black Institutions - State Funding -
Blount-Rawlings-Britt HBI Comparability Program
This bill would create a Historically Black
Institutions (HBI) Comparability Program, to be funded at $4.9 million in FY
2009 with increases each year according to the Higher Education Price
Index.� Additionally, the state would
provide a $500 per FTES to each HBI for financial aid.� This bill would also require the state to
provide adequate funding such that HBIs may maintain their current professor to
student ratios, and that their contractual workforce not exceed 10% for faculty
and 5% for staff.� HBIs would also
receive at least 35% of the Capital Budget which is set aside for Higher
Education.
Effective
Date:� July 1, 2008
For more
information, please contact:� Mat Palmer
[GO to TOP]� [GO to BILLS INTRODUCED]
HB1339 �Mental Health - Psychiatric Medication -
Administration Without Consent
The bill alters the reasons by which an individual who
is involuntarily hospitalized may be administered psychiatric medication when
the individual has refused medication.�
Specifically, such medication may be administered if the individual
would remain a danger to self or others in the facility without the medication
in question.
Effective
Date:� October 1, 2008
For more
information, please contact:� Sheila
Higdon
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HB1304 �Recipients of State Incentives or Financial Assistance
- Diversity Initiatives
This bill requires any entity that receives State
financial assistance of $100,000 or more to adopt and implement diversity
initiatives and embrace minority business enterprise participation in its
contracting and vending activities.�
Those entities will be required to submit an annual report to the
Governor’s Office of Minority Affairs within 90 days of the close of the
fiscal year. �The report shall state the
total number and value of contracts between the entity and certified minority
business enterprises.
Effective
Date:� October 1, 2008
For more
information, please contact:� Sheila
Higdon
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HB1486 �Education - Maryland School-Based Wellness Program
This bill establishes the Maryland School-Based
Wellness Program in the State Department of Education.� The Program institutes changes to the
nutritional status of food served as part of the school breakfast and lunch
programs in public schools.� The State
Superintendent of Schools is to develop, implement, and administer the program
with input from an Advisory Board on School-Based Wellness Initiatives.� The bill also establishes a Maryland
School-Based Wellness Program Fund to cover the costs of the program.
Effective
Date:� October 1, 2008
For more
information, please contact:� Ines Vigil
SB0570 �State Emergency Medical Services Board - Public Access
Automated External Defibrillator Program
This bill changes the name of the Automated External
Defibrillator Program to the Public Access External Defibrillator Program.� The bill sets forth the purpose of the
program to coordinate an effective statewide public access defibrillation
program.� The authority of the State
Emergency Medical Services Board to set certain fees under the program is
repealed.� The Board is authorized to
approve educational and training programs in automated external defibrillation.
Effective
Date:� July 1, 2008
For more
information, please contact: �Delora
Sanchez
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HB1383 �Good Samaritan - State of Emergency - Liability
Protection
This bill allows that specified persons who provide
goods or services in response to a state of emergency claimed by the Governor
are not liable in damages for personal injury, wrongful death, or other loss
caused by an act, error, or omission with few exceptions.
Effective
Date:� October 1, 2008
For more
information, please contact:� Delora
Sanchez
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HB1471 �Transportation - Intercounty Connector - Elimination
of Funding
This bill would prohibit the state and the MTA from
financing or funding any portion of the Intercounty Connector.� This bill would also create a system whereby
$211.9 million is appropriated from the State General Fund to the
Transportation Trust Fund.
Effective
Date:� October 1, 2008
For more
information, please contact:� Mat Palmer
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STAFF CONTACT INFORMATION
Please contact Government Relations if you have concerns or would like
additional information. Your input assists us greatly in evaluating and
formulating the position of Johns Hopkins on all legislation.
Legislative Session Office
410-269-0057
fax 410-269-1574
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�� Mickey Geisler |
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�� Matt Greenwood |
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Sheila Higdon |
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�� Corianne Iacovelli |
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�� Tom Lewis |
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�� Mat Palmer |
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�� Delora Sanchez |
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�� Ines Vigil |
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Johns
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