��������� Legislative Hotline
2009 SESSION OF THE
MARYLAND GENERAL ASSEMBLY
Volume 16, Number 5����������������������������������������������������������������������������������������������� February 25, 2009
Here are some of the hot
issues as the 2009 Legislative Session develops:
BILLS
INTRODUCED
STAFF
CONTACT INFORMATION
�
February 12th
was Maryland Independent Higher Education Day in Annapolis. Johns Hopkins
was fortunate to host students representing the Krieger School of Arts &
Science, the Bloomberg School of Public Health, the School of Medicine, and the
Carey Business School, as well as the biomedical engineering program. The
tone of the day was an overwhelmingly positive one as students met with
committee chairs and other influential legislative leaders to thank them for
their past support of independent higher education and ask them to continue
that support in the future. The students’ day ended with a talk
delivered by Senate President Mike Miller.
The Maryland Trial Lawyers
initiated efforts again this year to increase the Maryland caps on economic
damages in medical malpractice cases. The bill in the House has 11
sponsors, all of whom are in the committee with purview over the bill. It
only needs 12 votes to make it out of that committee for consideration by the
entire House. Tom Lewis testified against that measure on behalf of Johns
Hopkins Medicine as a part of a panel organized by the Maryland Hospital
Association (MHA). In addition to MHA and Johns Hopkins, the panel
included Medstar and Anne Arundel Medical Center representatives. The
hearing went well for the hospital’s positions but will require continued
strong lobbying efforts to prevent its passage.
Three bills regarding
patient referrals for imaging and radiation therapy services have been
introduced, two in the House and one in the Senate. Last session Johns
Hopkins opposed similar bills that would have changed the definition of
“in-office ancillary services” and authorized health care
practitioners to make self referrals for magnetic resonance imaging services,
radiation therapy services, and computer tomography scan services. In an
attempt to address some of the concerns that were raised last session, the bills
this year will again attempt to change the definition of “in-office
ancillary services” and additionally require health care entities that
provide radiation therapy services to be accredited by the American College of
Radiology. The bills will also require that health practitioners
providing radiation therapy services be supervised, but do not specify that the
supervisor must be trained in radiology services. Johns Hopkins will
continue to oppose legislation that will alter the restrictions on self-referral.
There have been a number of bills introduced this session that deal with genetic information rights. To date, all bills relating to insurance discrimination based on genetic information have been withdrawn. However, bills which seek to define an individual’s genetic information as their personal property (and therefore requiring informed consent for its use) are still in committee. With advice from Johns Hopkins’ legal staff, amendments have been drafted to exclude research activities from the purview of this bill. The sponsor of the Senate version has accepted these amendments; we are working with the House sponsor for his endorsement as well.
Employment/Labor/Worker’s
Compensation
Health Insurance/Health Care Access
Health, General/Public/Environmental
Higher Education/Financial Aid
BILLS
INTRODUCED
Economic
Development
HB0493 �Biotechnology Investment Incentive Tax Credit
HB 493 alters the definitition of a
"qualified investor" under the Biotechnology Investment Incentive Tax
Credit to include "an individual."�
It also clarifies that the tax credit must be claimed for the taxable
year in which the investent was made, and clarifies under what circumstances
the credit can be reclaimed by the State.
Effective Date:� July 1, 2009
For more information, please contact:�
Mat Palmer
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Employment/Labor/Worker's
Compensation
HB0502 �State Procurement - Employment of Unauthorized Aliens
and the Federal E-Verify Program
HB 502 requires employers under State
procurement contracts or other grants to verify employees’ employment
eligibility using the federal E-Verify Program.�
Employers that hold State procurement contracts or grants may not
intentionally or knowingly hire unauthorized aliens.� A person may file a complaint alleging that
an employer intentionally or knowingly employs an unauthorized alien.
Effective Date:� October 1, 2009
For more information, please contact:�
Delora Sanchez
HB0633 �Labor and Employment - Employee Leave - Parent-Teacher
Conferences
HB 633 authorizes employees to use leave with
pay to attend a parent-teacher conference.�
The amount of leave used may not exceed a cumulative total of 4 hours
per year and may only be used for a parent-teacher conference that cannot be
scheduled outside of the employee’s normal working hours.� Employees that use leave with pay to attend a
parent-teacher conference must comply with the employment policy of the
employer.� An employer may not discharge,
demote, suspend, discipline, or otherwise discriminate against an employee who
exercises rights granted under this section or files or assists in the filling
of an action against the employer.
Effective Date:� October 1, 2009
For more information, please contact:�
Delora Sanchez
HB0649 �Labor and Employment - Independent Contractor -
Definition
HB 649 defines “independent
contractor” as an individual who is not an employee for purposes of the
Federal Insurance Contributions Act and the Federal Unemployment Tax Act based
on application of the 20 factors set forth in the IRS Revenue ruling 87-41.
Effective Date:� October 1, 2009
For more information, please contact:�
Delora Sanchez
HB0651 �Labor and Employment - Shift Breaks
HB 651 (an administration bill) requires
employers to provide a 15 minute nonworking or working shift break to an
employee that works 4 to 6 consecutive hours or a 30 minute shift break to an
employee that works more than 6 consecutive hours.� The break may be considered a working shift
break if the type of work prevents an employee from being relived of work
during the break or the employee is allowed to have lunch while working and the
break is counted towards the employee’s work hours, and the employer and
employee agree in writing to the working shift break.
Effective Date:� October 1, 2009
For more information, please contact:�
Delora Sanchez
SB0520 �Workers' Compensation - Temporary Total Disability -
Incarcerated Employees
SB 520 provides that an employer or insurer is
not liable for temporary total disability payments to a covered employee while
the employee is incarcerated unless the employee participates in a work release
program.�� The employer will resume payment
on the date that the covered employee is discharged by pardon, parole, or
expiration of sentence.
Effective Date:� October 1, 2009
For more information, please contact:�
Delora Sanchez
SB 562 Labor
and Employment – Flexible Leave
SB 562 alters the current flexible leave law to
clarify the definitions of “child “and “leave with pay”
for the purposes of an employee taking leave to care for a member of the
employee’s immediate family.�
Alters provision to prohibit an employer from discharging, demoting,
suspending, disciplining or otherwise discriminating or threatening to take any
of these actions against an employee solely because he or she has taken leave
under this section.
Effective Date:� October 1, 2009
For more information, please contact: �Delora Sanchez
SB0642 �Workers' Compensation - Temporary Total Disability
Benefits - Credit
SB 642 provides a credit to an employer or
insurer for payments to a covered employee for temporary total disablility due
to an accidental personal injury or an occupational disease under certain
circumstances.� The credit is only
allowed for compensation paid during the period that medical treatment for an
accidental personal injury or an occupational disease was delayed or suspended.
Effective Date:� October 1, 2009
For more information, please contact:�
Delora Sanchez
SJ0006 �"Card Check" and Forced, Compulsory
Arbitration
SJ 6 declares the State’s opposition to
federal proposal that seek to eliminate the private election phase of union
recognition campaigns and implement compensatory binding arbitration on
employers.�� Declaring the State’s
support for democracy in the workplace by maintaining every worker’s
right to privately decide whether or not to allow a particular union to
represent their interests.� Urging the
President of the United States and the United States Congress to oppose
legislation that is detrimental to the rights of workers and is an offense
against democratic principles by opposing the Employee Free Choice Act and any
of its components in 2009 and in future years.
Effective Date:� October 1, 2009
For more information, please contact:�
Delora Sanchez
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HB0113 �Interagency Committee on Aging Services - Modifications
HB 113 alters the membership of the Interagency
Committee on Aging Services by adding the Secretaries of Business and Economic
Development, Higher Education, and Budget and Management.� It also requires the Committee to report to
the General Assembly on consensus recommendations to reform the provision of
Medical Assistance Program long-term care services, including health services,
designed as necessary to meet the differing needs of seniors and adults with
disabilities.� In developing the recommendations,
the Committee shall create stakeholder subcommittees consisting of providers,
consumers, advocates, and local interagency committees to assist in the
development of the recommendations; review long-term care plans and consensus
reports in Maryland and other states related to long-term care including
long-term care managed care; and, identify areas in which the services needs of
seniors and adults with disabilities in the State need to be addressed.
Effective Date:� July 1, 2009
For more information, please contact:�
Sheila Higdon
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SB0649 �Transportation - Maryland Emergency Medical System
Operations Fund - Transport by Privately Owned Helicopter
SB 649 authorizes the use of the Maryland
Emergency Medical System Operations Fund (MEMSOF) to reimburse of private
helicopter companies for the transport of patients from the scene of an
out-of-hospital medical emergency to a health care facility under specified
conditions.� The Emergency Medical
Services Board must adopt regulations and protocols for the dispatch and reimbursement
of private helicopter companies to support the medically oriented functions of
the State Police Aviation Command.
Effective Date:� October 1, 2009
For more information, please contact:�
Delora Sanchez
SB0650 �Medevac Helicopter Improvement Act of 2009
SB 650 requires the Department of Emergency
Services or the Department of General Services to issue a request for proposals
under the State procurement law to select an entity to operate the
State’s helicopter fleet for emergency medical services.� Requires two fleets of helicopters to operate
in the State, one for emergency medical services and one for law enforcement,
homeland security, and search and rescue.
Effective Date:� October 1, 2009
For more information, please contact:�
Delora Sanchez
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HB0715 �Home Health - Certificate of Need
HB 715 repeals the certificate of need process
for home health agancies.
Effective Date:
For more information, please contact:�
Mat Palmer
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HB0510 �Health Occupations - Licensure of Social Workers
HB 510 requires the State Board of Social Work
Examiners to notify applicants for licensure within 30 days of application if
they have been approved to take the pertinent licensure examination.� Applicants who are licensed or registered to
practice social work in other states may be granted a waiver if they have been
licensed for at least 2 years before the date of application.� Applicants that have taken another
state’s examination may receive a waiver from the board.
Effective Date:� October 1, 2009
For more information, please contact:�
Delora Sanchez
HB0576 �Dental Hygienists - Expanded Functions
HB 576 authorizes dental hygienists to
administer local anesthesia; perform a manual curettage; and monitor a patient
to whom nitrous oxide is administered.�
Dental hygienists may administer local anesthesia under the supervision
of a dentist and not as a medical specialty.
Effective Date:� October 1, 2009
For more information, please contact:�
Delora Sanchez
HB0654 �Health Occupations - License to Practice Psychology -
Doctoral Degree in Psychology
HB 654 alters the definition of “doctorial
degree in psychology” to include degrees received from a program
accredited by the Canadian Psychological Association.� A doctorial degree in psychology includes a
doctorial degree that the Council for the National Register of Health Service
Providers in Psychology determines meets its criteria with certain
requirements.
Effective Date:� October 1, 2009
For more information, please contact:�
Delora Sanchez
HB0673 �Patient Referrals - Imaging and Radiation Therapy
Services - Accreditation
HB 673 alters existing statute related to the
definition of “in-office ancillary services" by requiring the health
care entity furnishing the services to meet specific accreditation
requirements; stipulating that the health care entity furnishing the services
is a radiologist group practice or an office consisting solely of one or more
radiologists, or provided in compliance with current statute; and, defines
“personally supervise” as the exercise of on-site supervision or
immediately available direction by a health care practitioner for employees
performing in-office ancillary services or tests as a result of a referral by
the health care practitioner.
The health care entity that furnishes magnetic� resonance imaging (MRI), computed tomography
(CT) scan or radiation therapy (RT) services shall be required to be accredited
to provide the services by the American College of Radiology, The American
College of Radiation Oncology, the Intersocietal Accreditation Commission, or
another nationally recognized accreditation organization, as appropriate, whose
accreditation standards have been reviewed and considered adequate by the
Department of Health and Mental Hygiene (DHMH).�
Any health care entity that begins furnishing these in-office ancillary
services after July 1, 2009 shall file an application for accreditation with
one of the accrediting agencies by January 1, 2011 or within 12 months of the
date on which they began providing the services.� A health care entity that furnished these
in-office ancillary services on or before July 1, 2009 that is not accredited
by one of the accrediting organizations shall file an application for
accreditation to provide the services by January 1, 2011.
�
A health care entity that furnishes these in-office ancillary services
shall be deemed provisionally accredited until January 1, 2011 or for a period
of 12 months from the date on which they began providing services, whichever
period expires later.
After a health care entity becomes accredited they shall at all times
maintain the accreditation and conform the manner in which it furnishes the
services to the standards set by the appropriate accrediting body.� Evidence of the accreditation shall be
maintained at every location in which the in-office ancillary services are
provided and shall be made available for inspection on request of DHMH.
Effective Date:� July 1, 2009
For more information, please contact:�
Sheila Higdon
SB0627 �Loan Assistance Repayment and Practice Assistance for
Physicians
SB 627 removes physicians from the existing loan
assistance repayment program and establishes the Maryland Loan Assistance
Repayment Program for Physicians (Program). Funding for the Program is through
the Board of Physicians Fund.
The Office of Student Financial Assistance (Office), in collaboration with
the Department of Health and Mental Hygiene (DHMH), will adopt regulations that
establish the maximum number of participants in the Program each year in each
priority area, and the minimum and maximum amount of a loan awarded in each
priority area.� Funding priority will be
as follows:�
1)�������� Primary care physicians
who are employed in geographic areas of the state that have been federally
designated
2)�������� Medical residents
specializing in primary care who agree to practice for at least 2 years in
geographic areas of the state that have been federally designated
3)�������� Physicians practicing
primary care in a geographic area of the state t where DHMH has identified a
shortage of primary care physicians
4)�������� Physicians practicing a
medical specialty other than primary care in a geographic area where DHMH has
identified a shortage of that specialty
The Maryland Health Care Commission and the Department of Business and
Economic Development must report to the General Assembly by December 1, 2009 on
the feasibility of expanding the eligibility criteria of State development
programs to include providing assistance to physician practices in medically
underserved areas in the State, and the feasibility of making economic
development funding available for physician practices evolving to medical
homes.
Effective Date:� July 1, 2009
For more information, please contact:�
Sheila Higdon
SB0700 �Pharmacists - Administration of Vaccinations -
Expanded Authority
SB 700 expands the authority of pharmacists to
include the administration of pneumococcal pneumonia or herpes zoster vaccine,
or any other vaccination that has been determined by the Board of Pharmacy,
with the Board of Physicians and the Board of Nursing, to be in the best health
interests of the community.
Effective Date:� October 1, 2009
For more information, please contact:�
Delora Sanchez
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Health
Insurance/Health Care Access
HB0440 �Health Insurance - Prompt Pay - Modifications and
Clarifications
HB 440 requires that, in reprocessing a claim,
an insurer, nonprofit health service plan, or health maintenance organization
(carrier) must pay the claim or send a notice of receipt with the status of the
claim within 30 days of receipt. If a carrier fails to pay a clean claim or
otherwise violates clean claims requirements, the carrier must pay interest on
the amount of the claim that remains unpaid 30 days after the receipt of the
initial claim for reimbursement.
Effective Date:� October 1, 2009
For more information, please contact:�
Mat Palmer
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Health,
General/Public/Environmental
HB0507 �Inmates - Hepatitis C - Counseling and Referral to
Medical Assistance Program
HB 507 requires the Department of Public Safety
and Correctional Services (DPSCS) to work in collaboration with the Departments
of Human Resources and Health and Mental Hygiene (DHMH) to provide counseling
to inmates with hepatitis C.� It also
instructs DPSCS to develop a standardized process for the referral of inmates
diagnosed with hepatitis C to DHMH for enrollment in Maryland Medicaid or
Maryland's Primary Adult Care Program upon release from jail or prison.
Effective Date:� October 1, 2009
For more information, please contact:�
Helen Bellete
HB0567 �Food Service Facilities - Artificial Trans Fats -
Prohibition
HB 567 prohibits the storage, distribution, use,
or sale of foods that contain trans fats by food service facilities within the
state.� Two notable exceptions are: (1)
any food with less than 0.5 grams of trans fat per serving; and (2) any food
that is served to patrons in the original sealed package of the manufacturer.� Food service facilities are required to
retain a copy of all labels from the manufacturer of food preparation
items.� Violation of this law would not
incur any financial penalties or impact relicensure.� However, the health department is authorized to
list the name of any food service facility that is in violation of this law on
its website.
Effective Date:� October 1, 2009
For more information, please contact:�
Helen Bellete
SB0361 �Environment - Reducing Lead Risk in Housing - Lead
Paint Dust Testing
SB 361 makes minor wording but substantial
regulatory changes in order to certify that a rental dwelling is lead hazard
free prior to tenant turnover.� The new
wording requires lead dust testing as well as the implementation of lead hazard
reduction treatments, rather than requiring one or the other.
Effective Date:� October 1, 2009
For more information, please contact:�
Helen Bellete
SB0547 �All-Terrain Vehicles - Protective Equipment
SB 547 requires that any individual operating or
riding as a passenger on an All Terrain Vehicle (ATV) must wear protective
headgear and eyegear that meets the standards established by law for motorcycle
helmets and eye protective devices.
Effective Date:� October 1, 2009
For more information, please contact:�
Helen Bellete
SB0548 �Vehicle Laws - All-Terrain Vehicles - Safety Standards
and Training
SB 548 delineates new requirements under which
an individual is allowed to operate an All Terrain Vehicle (ATV) in
Maryland.� A new education requirement
has been added whereby the Emergency Medical Services (EMS) Board is tasked
with developing an ATV safety training program for most operators.� Operators will have to show certification of
completion of this program in order to use an ATV.� In addition, minimum age limits are set for
the operation of several types of ATVs.
Effective Date:� October 1, 2009
For more information, please contact:�
Helen Bellete
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Higher
Education/Financial Aid
SB0551 �Weapon-Free Higher Education Zones
SB 551 prohibits a person from carrying or
possessing any firearm, knife, or deadly weapon on the property of a public
institution of higher education in the State. A violator is guilty of a
misdemeanor and subject to maximum penalties of three years imprisonment and/or
a $1,000 fine. A person who is convicted of carrying or possessing a handgun in
violation of this prohibition must be sentenced under the penalty provisions
applicable to handgun violations.
The prohibition does not apply to an on-duty law enforcement officer, a
guard hired by the institution, a person engaged in organized shooting activity
for educational purposes, or other specified historical activities with an
educational purpose with a written invitation from the president of the
institution.
Effective Date:� October 1, 2009
For more information, please contact:�
Mat Palmer
SB0728 �Higher Education - System and Funding
SB 728 proposes an amendment to the Maryland
State Constitution requiring the funding "in any amount necessary for the
support and maintenance of" the public institutions of higher
education.� This would send the amendment
to the voters for a referendum.
Effective Date:� Constitutional
Amendment
For more information, please contact:�
Mat Palmer
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SB0054 �Genetic Privacy - Individual's Genetic Information -
Personal Property Rights
SB 54 prohibits the knowing collection,
analysis, and retention of a DNA sample from an individual for the puposes of
genetic testing.� An individual's genetic
information may not be shared with other individuals or organizatons without
the expressed written consent of the individual to whom the genetic information
belongs.� If an individual is denied
their genetic privacy rights, he or she may bring a civil action against such
persons or organizations.
This bill received an unfavorable report and was withdrawn.
Effective Date:
For more information, please contact:�
Helen Bellete
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SB0556 �State Funding Accountability Act
SB 556 requires any grantee that receives state
aid to submit a report to the Department of Budget and Management on or before
September 1 after the close of each fiscal year in which the grantee receives
state age.� State aid is defined as a
contribution, grant, or subsidy through the state operating or capital budget
or by action of a unit of state government from state funds appropriated to
that unit.� The report must contain a
summary of the purpose for which the state aid was provided, the number of jobs
created or retained as a result of the state aid, the amount and source of any
funds other than state aid the grantee was able to secure for the purpose for
which the state aid was provided or as a result of the state aid, a description
of how the state aid served the citizens of the state, and the number of
citizens served as a result of the state aid.�
The report must be in the form and format that the Department requires,
and the Department must develop and operate a searchable website accessible to
the public at no cost.� A grantee is
subject to audit by the state legislative auditor.� Each year, the Office of Legislative Audits
shall specify a percentage of grantees required to file a report and audit
those reports.
Effective Date:� June 1, 2009
For more information, please contact:�
Sheila Higdon
SB0632 �Procurement - Maryland Business Access List
SB 632 requires the Board of Public Works to
compile and maintain a comprehensive list of all persons that have been awarded
a state procurement contract.� The list
will include the person's name, address, and telephone number and an award
description (to include the amount of award).�
The list will be available on the internet.
Effective Date:� October 1, 2009
For more information, please contact:�
Sheila Higdon
SB0693 �Election Law - Maryland Student Voting Rights Act of
2009
SB 693 requires each public higher education
institution in the State to develop a plan to promote student involvement in
the electoral process, including a voter registration drive at the start of the
school year and designation of an individual at the institution to coordinate
voter registration and voter education activities. An institution must provide
an individual with an opportunity to request a voter registration application
at the same time that a student identification card is obtained. The bill
specifies procedures to be followed by the institutions in registering students
to vote.� The implementation of said
procedures is contingent on the appropriation of sufficient funds in the State
budget for that purpose and adoption of regulations by the State Board of
Elections (SBE).� A local election board
must send an absentee ballot to qualified applicants no later than the fifth
day before an election, unless the ballots have not been received from the
printer.
No later than five days before an election SBE must post on its web site
the number of voting units each local board intends to allocate for each
precinct and SBE’s corresponding determination, in accordance with its
regulations and guidelines, of the number of voting units the local board
should allocate for each precinct. An electioneering line established at a
polling place at a higher education institution must be as near as practicable
to 100 feet from the actual polling place within a building, rather than 100
feet from the entrance and exit of the building that are closest to the actual
polling place.
SBE must submit to the General Assembly, on or before December 31, 2008,
specified reports on the implementation of the requirements under the bill
relating to the student voter registration procedures of public higher
education institutions and the sending of absentee ballots by local boards.
Effective Date:� July 1, 2009
For more information, please contact:�
Mat Palmer
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HB0574� Prescription Drugs - Evidence-Based Prescriber
Education and Outreach Program
HB 574 establishes an Evidence-Based Prescriber Education
and Outreach Program in the Department of Health and Mental Hygiene to improve
health outcomes and reduce unnecessary cost by providing health professionals
with unbiased evidence-based information.�
The program will provide health care professionals with the comparative
efficacy, safety, and cost-effectiveness of prescription drugs through
in-person outreach and education sessions in the workplace of health care
professionals.
Effective Date:� October 1, 2009
For more information, please contact:�
Delora Sanchez
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HB0300 �Tax Increment Financing and Special Taxing Districts -
Transit-Oriented Development
HB 300 authorizes specified political subdivisions
to finance the costs of public improvements in or supporting specified
transit-oriented developments with municipal or other bonds.� The bill also provides for the establishment
and termination of specified special taxing districts and provides for the uses
of special funds established for the improvement and maintenance of
transit-oriented developments through tax increment financing and other
mechanisms.
Effective Date:� June 1, 2009
For more information, please contact:�
Mat Palmer
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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�� Helen Bellete |
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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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