Legislative Hotline
2008 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.
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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
SB0948 �Economic Development - Maryland Stem Cell Research Act
- Revisions
SB 948 changes the name of the Stem Cell
Research Commission to the "Stem Cell and Biotechnologies
Commission".� It also requires the
Stem Cell Research Fund to fund, in addition to stem cell research,
“qualified technology”, defined as any innovative and proprietary
technology that comprises, interacts with, or analyzes biological material including
biomolecules, cells, tissues, or organs, and includes a technology used for
stem cell research.
The legislation adds two individuals with experience in investing in
biotechnology to the Stem Cell Research Commission and alters the purpose of
the Stem Cell Research Fund.� The amended
purpose is to support innovative biotechnology research and development in the
state that has the potential to create sustainable job growth in the state,
including manufacturing jobs.� Further,
the bill requires that at least one third of the grants or loans awarded each
year be awarded to for-profit companies headquartered in the state; and
requires that priority for recipients from the non-profit sector be given to
applicants that have codevelopment partnerships with state for-profit
companies.� In addition, the bill alters
the independent scientific peer review committee by adding experts in the
fields of other qualified technologies; requires one member to be from the
industrial sector and familiar with the development and commercialization of
biotechnology products; and, requires the peer review committee to give due
consideration to the proprietary nature and long-term commercial potential of
each proposal.
Effective Date:� October 1, 2009
For more information, please contact:�
Sheila Higdon
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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
SB0562 �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
HB0557 �Nursing Homes - Electronic Monitoring (Vera's Law)
HB 557 creates an exception to the prohibition
against willfully intercepting a wire or electronic communication for a person
who intercepts wire, oral, or electronic communications in a nursing home or
assisted living facility, if the person:
�
is a resident of the facility, or the legal representative of
the resident
�
conducts the electronic monitoring in the resident's room
�
posts a notice on the door of the resident's room stating
that the room is being monitored by an electronic monitoring device
The facility must allow the resident or legal representative to monitor
the resident through the use of electronic monitoring devices, and must require
the resident to post a notice on the door of the resident's room.� If the room is being shared, a resident who
wishes to engage in electronic monitoring must obtain written consent from the
other resident(s) prior to initiating the electronic monitoring.� Monitoring is noncompulsory and at the election
of the resident, funded by the resident, and must protect the privacy rights of
other residents and visitors to the extent reasonably possible.�
The facility may not refuse to admit an indivdual, or remove a resident
from the facility, because of a request for electronic monitoring.� The facility must make reasonable physical
accommodation for electronic monitoring including a secure case to mount the
monitoring device and a power source.� In
addition, the facility must inform residents of their right to electronic
monitoring in the facility's admission agreement and by posting a notice in a
prominent location in the facility.� The
facility may request that a resident conduct monitoring in plain view,
monitoring may not be conducted in the bathroom or toilet facility of a
resident, and the facility may require residents to submit a written request to
install an electronic monitoring device.�
Subject to the Maryland Rules of Evidence, a tape created through the use
of electronic monitoring is admissable in either a civil or criminal action brought
in a Maryland court, and a tape or recording derived from electronic monitoring
that is in the possession of a facility shall be made available to the
Department of Health and Mental Hygiene for the purpose of assessing the
facility's compliance with applicable regulations.
A person who operates a facility in violation of this statute is guilty of
a misdemeanor and on conviction is subject to a fine of up to $2000 or
imprisonment up to 5 years, or both.� A
person who willfully and without consent of the resident obstructs, tampers
with, or destroys an electronic monitoring device or tap shall be guilty of a
misdemeanor and upon conviction is subject to a fine of up to $2000 or
imprisonment up to 90 days, or both.
Effective Date:� October 1, 2009
For more information, please contact:�
Sheila Higdon
HB0782 �Nursing Facilities - Accountability Measures -
Pay-for-Performance Program
HB 782 requires the Department of Health and
Mental Hygiene (DHMH), by October 1, 2009, to consult with representatives from
nursing facilities and other stakeholders to reevaluate the accountability
measures to use in a pay-for-performance program for nursing facilities.� DHMH must report on their findings to the
General Assembly, and may not distribute revenues generated by the quality
assessment to nursing facilities through an incentive program until the later
of July 1, 2011 or the termination of rate reductions imposed on nursing
facilities by the state.
Effective Date:� June 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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HB0415 �Mental Hygiene Administration - Rights of Individuals
with Mental Disorders in Facilities
HB 415 requires that an individual with a mental
disorder, when in a health care facility, be free from prone restraint and
restraint that applies pressure to the individual's back.� The bill further requires that an individual
has the right to an advocate of their choice to participate in the treatment
planning and discharge planning process.�
If the individual has an advance directive for mental health services,
treatment should be in accordance with the preferences detailed in the advance
directive.� In this bill advocate means a
person who provides support and guidance to an individual in a facility, and
may include a family member or friend.�
An advocate does not include an attorney acting in the capacity of legal
counsel to an individual in a facility during the treatment planning and
discharge planning process.
Effective Date:� October 1, 2009
For more information, please contact:�
Sheila Higdon
HB0715 �Home Health - Certificate of Need
HB 715 repeals the certificate of need process
for home health agancies.
Effective Date: October 1, 2009
For more information, please contact:�
Mat Palmer
HB1069 �Health Services Cost Review Commission - Financial
Assistance and Debt Collection Policies
HB 1069 requires each hospital to develop a
financial assistance policy to provide for patients who lack health care
coverage or whose health care coverage does not pay the full cost of the
hospital bill (1) free medically necessary care to patients with family income
at or below 150% of the federal poverty level (FPL); and, (2) reduced-cost
medically necessary care to low-income patients with family income above 150%
of the FPL, in accordance with the mission and service area of the
hospital.� Hospitals will be required to
post a notice describing the financial assistance policy in the billing office,
and will be required to develop an information sheet that describes the
hospital’s financial assistance policy, describes a patient’s
rights and obligations with regard to hospital billing and collection under the
law, and provides contact information for the individual or office at the
hospital that is available to assist the patient, the patient’s family,
or authorized representative in order to understand the following:
�
the patient’s hospital bill
�
the patient’s rights and obligations with regard to the
hospital bill
�
how to apply for free and reduced-cost care
�
how to apply for the Maryland Medical Assistance Program and
any other programs that may help pay the bill
In addition, the information sheet must include a statement that physician
charges are not included in the hospital bill and are billed separately.� The information sheet shall be provided to
the patient, their family or authorized representative before discharge, with
the hospital bill and on request.� The hospital
bill must also include a reference to the information sheet.
The bill also requires the Health Services Cost Review Commission (HSCRC)
to establish uniform requirements for the information sheet and review each
hospital’s implementation of and compliance with the law in the use of
the information sheet.� Each hospital
will be required to submit to the HSCRC the hospital’s policy on
collection of debts owed by patients.�
The policy shall provide for active oversight by the hospital of any
contract for collection of debts on behalf of the hospital, and prohibit the
hospital from: selling any debt, placing a lien on a primary residence, and
charging interest on overdue bills before a court judgment is obtained.� In addition, the policy must describe in
detail the consideration by the hospital of patient income, assets, and other
criteria; the hospital’s procedure for collecting a debt; and the
circumstances in which the hospital will seek a judgment against a
patient.� The HSCRC will review each
hospital’s compliance with and implementation of this policy.
If a hospital knowingly violates any provisions of this statute or
regulations adopted by the HSCRC in relation to this statute, the HSCRC may
impose a fine not to exceed $50,000 per violation.� Before imposing a fine, the HSCRC shall consider
the appropriateness of the fine in relation to the severity of the
violation.�
The HSCRC will establish a workgroup on patient financial assistance and
debt collection to review the need for uniform policies among hospitals
relating to patient financial assistance and debt collection and consider the
following elements for inclusion in any uniform policy:
�
income thresholds and any special treatment of disability and
pension income
�
asset thresholds and treatment of various types of assets
�
collection procedures
�
establishment of guardianship
�
use of judgments to collect debts
�
patient education and outreach to inform patients of the
availability of financial assistance with their bills
The workgroup must report its findings and recommendations, including
recommendations for legislation, to the Governor and the General Assembly by
October 1, 2009.
In addition, the HSCRC will study and make recommendations on incentives
for hospitals to provide free and reduced-cost care to patients without the
means to pay their hospital bills.� Those
findings and recommendations must also be reported to the Governor and General
Assembly by October 1, 2009.
Finally, the Office of the Attorney General, in consultation with the
American Bar Association, Legal Aid, the University of Maryland Law School, and
other interested persons will study and make recommendations on the use of
liens and the legal rate of interest on a judgment for a hospital bill of a
patient without health insurance.� The
study shall take into account the use of liens and the legal rate of interest
on other types of debt.� A report of
these findings and recommendations must also be made to the Governor and
General Assembly by October 1, 2009.
Effective Date:� June 1, 2009
For more information, please contact:�
Sheila Higdon
HB1204 �Hospitals - Financial Assistance Policy and Financial
Assistance Application - Notices
HB 1204 requires each hospital to provide every
patient with a written notice that contains information about the
hospital’s financial assistance policy and the availability of the
financial assistance application.� The
notice must be posted in conspicuous places throughout the hospital including
the emergency department, billing office, admissions office, and outpatient
department.� The notice must include
information about eligibility for financial assistance and contact information
for a hospital employee or office from which the patient may obtain further
information about financial assistance.�
The notice must be made available in English, Spanish, and any other
language common to the hospital’s service area.
Effective Date:� July 1, 2009
For more information, please contact:�
Sheila Higdon
SB0717 �Disease Prevention - Cancer Reports - Myelodysplastic
Syndromes
SB 717 adds Myelodysplastic Syndromes (MDS) to
those diseases which must be reported to the Maryland Cancer Registry.
Effective Date:� October 1, 2009
For more information, please contact:�
Sheila Higdon
SB0752�� Certificate of
Need Requirements - Health Care Facilities Other than Home Health Agencies and
Hospices - Repeal
SB 752
repeals the current certificate of need process for all programs except Home
Health and Hospice.
Effective Date:� July 1, 2009
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
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
HB0677 �Patient Referrals for Radiation Therapy Services
HB 677 permits any health care practitioner to
make referrals for radiation therapy services to a health care entity in which
the practitioner or his/her immediate family owns a beneficial interest or has
a compensation arrangement.
Effective Date:� October 1, 2009
For more information, please contact:�
Sheila Higdon
HB0756 �Cultural and Linguistic Health Care Provider
Competency Program
HB 756 establishes a Cultural and Linguistic
Health Care Provider Competency Program (Program) with the purpose of providing
for a voluntary program in which educational classes are offered to health
providers on:
�
methods to improve the health care provider's cultural and
linguistic competency
�
cultural beliefs and practices that may impact patient health
care practices, and allow health care providers to incorporate the knowledge of
those beliefs and practices in the diagnosis and treatment of patients
�
methods to enable health care providers to increase the
health literacy of their patients in order to improve the patient's ability to
obtain, process, and understand basic health information and services to make
appropriate health care decisions
The Program shall operate through the Medical and Chirurgical Faculty of
Maryland, the Maryland Nurses Association, the Maryland State Dental
Association, the National Association of Social Workers - Maryland Chapter, and
the Maryland Psychological Association.�
Each professional society shall develop a training program to address
ethnic language or racial groups of interest to the health care provider
members that:
�
is based on the established knowledge of health care
providers serving target populations
�
is developed in collaboration with the Office of Minority
Health and Health Disparities
�
includes standards that identify the degree of competency for
participants to qualify for completion of the Program
The Program will be funded through fees paid by the health care providers
who enroll in the training programs and by any other source of funding obtained
by the professional society.
The Office of Minority Health and Health Disparities shall convene a
workgroup including patients, health care providers, and the professional
societies to evaluate the training programs established in this bill.� The Department of Health and Mental Hygiene
shall develop a method through which the professional licensing boards
recognize the training received by health care providers, either through
continuing education credits or otherwise.
Effective Date:� October 1, 2009
For more information, please contact:�
Sheila Higdon
HB1198 �Physicians - Outpatient Surgical Services - Hospital
Privileges
HB 1198 prohibits a freestanding ambulatory care
facility from employing a physician who does not have current hospital
privileges to perform a specific surgical procedure to provide those specific
surgical services at the ambulatory care facility.� Surgical services that are limited to the
skin and mucous membranes, do not extend deeper than the skin and mucous
membranes, and are performed with local or topical anesthesia are exempt from
this provision of law.
Effective Date:� October 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
HB0920� No So-Called Sexual Stimulant Pills for Kids Act
HB 920 prohibits the sale of products labeled
and marketed as a sexual stimulant to minors.�
It requires the Secretary of Health and Mental Hygiene to define
products that are covered under this law and adopt regulations to carry it
out.� An individual who violates this law
would be subject to a civil fine of $300 and $500 for first and subsequent
violations respectively.
Effective Date:� October 1, 2009
For more information, please contact:�
Helen Bellete
HB1062 �State Government - Commemorative Day - Health
Improvement and Disease Prevention Day
HB 1062 requires the Governor to declare the
second Wednesday in May as an annual "Health Improvement and Disease
Prevention Day".� The preamble of
the bill cites statistics from numerous journal articles and prominent health
policy institutes to reinforce the economic and health impact of inactivity and
chronic diseases.� One particular study
found Maryland to be the 23rd least healthy state, as measured by its State
Chronic Disease Index.� The proclamation
will urge citizens of the state to combat childhood obesity, reduce smoking and
tobacco use, promote physical activity and wellness among adults and seniors,
and encourage healthy weight loss.
Effective Date:� October 1, 2009
For more information, please contact:�
Helen Bellete
HB1107 �Health - Task Force on Alzheimer's Disease
HB 1107 establishs a task force on Alzheimer's
Disease.� The purpose of the task force
is to review scientific literature on the topic, survey policies and practices
dealing with and affecting individuals with Alzheimer's disease, and making
recommendations for the improvement of policies and programs that deal with
Alzheimer's disease.
Effective Date:� October 1, 2009
For more information, please contact:�
Helen Bellete
HB1169 �All-Terrain Vehicles - Protective Equipment
HB 1169 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
HB1240 �Task Force to Study Health Disparities Among Minority
Children with Learning Disabilities
HB 1240 establishes a task force to study health
disparities among minority children with learning disabilities.� The task force shall consist of 15 members of
various stakeholder groups.� The task
force is to study the extent, nature, and causes of, as well as ways of
eliminating, health disparities among African American, Hispanic, Asian,
Pacific Islander, and American Indian youth with documented learning
disabilities.
Effective Date:� June 1, 2009
For more information, please contact:�
Helen Bellete
HB1265 �State Government - Sickle Cell Anemia Awareness Month
HB 1265 requires the Governor to declare the
month of September as "Sickle Cell Anemia Awareness Month".
Effective Date:� July 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
SB0705 �Blue Ribbon Commission on Health Improvement and
Disease Prevention
SB 705 establishs a Blue Ribbon Commission on
Health Improvement and Disease Prevention.�
The purpose of the commission is to consider incentives to help State
residents improve their health and decrease their risk of chronic
diseases.� The Commission shall focus on
five main areas: combating childhood obesity, reducing smoking and tobacco use,
promoting senior fitness and wellness, promoting adult physical activity, and
promoting healthy weight loss.� The
Commission shall report its findings on or before December 1, 2009.
Effective Date:� July 1, 2009
For more information, please contact:�
Helen Bellete
SB0744 �Electronic Health Records - Regulation and
Reimbursement
SB 744 requires the Maryland Health Care
Commission (Commission), in consultation with the Department of Health and
Mental Hygiene (DHMH) and the Maryland Insurance Administration (MIA), to adopt
by October 1, 2010 regulations that require any carrier that provides health
benefit plans subject to regulation by the State to include in their health
care provider reimbursement structure the cost of the adoption of electronic
health records by health care providers.�
The Commission may not require additional reimbursement under this
section for a hospital that is regulated by the Health Services Cost Review
Commission.�
�
The Commission must also designate a health information exchange for the
State which incorporates privacy rules that are consistent with existing
federal and state laws and regulations, and makes its services available to
health care providers, state-regulated payors, and other health care services
organizations as authorized by the Commission.�
The Commission will be required to determine the appropriate level of
additional reimbursement to be required under this section, taking into account
any grants or loans that are available to health care providers from the
federal government.�
�
The bill further requires the Commission, in consultation with DHMH and
MIA, to adopt regulations that specify certification requirements for electronic
health records by October 1, 2010.� Those
regulations must include a requirement that electronic health records must meet
any standards for electronic health records that are provided for in federal
law.� The Commission will also be
required to designate a management service organization (defined as an
organization that offers multiple hosted electronic health record solutions and
other management services to multiple health care providers) to offer hosted
electronic health records and other management services throughout the
state.� The Commission may use grants and
loans from the federal government to help subsidize the use of the management
service organization by health care providers.�
�
By October 1, 2014, the bill requires every health care provider in the
state to use electronic health records that are certified in accordance with
standards adopted by the Commission, have interoperability with, are connected
to, and exchanging data with the health information exchange designated by the
Commission.� After October 1, 2014, the
bill also prohibits a state-regulated payor from reimbursing a health care
provider or a hospital that does not use electronic health records.
Effective Date:� October 1, 2009
For more information, please contact:�
Sheila Higdon
sb0766 �Vehicle Laws - Protective Headgear Requirement for
Motorcycle Riders - Exceptions
SB 766 amends the transportation article of the
Maryland Code.� Where there was once a
universal law requiring all motorcycle operators to wear protective head &
eyegear, this bill makes an exception for three wheeled motorcycle operators
and occupants.� In addition, individuals
at least 21 years old who have operated a motorcycle for at least two years or
have completed an approved motorcycle-rider safety course and his or her
passenger are exempt from the above requirements.
Effective Date:� June 1, 2009
For more information, please contact:�
Helen Bellete
sb0790 �Secretary of Health and Mental Hygiene - Meningococcal
Disease - Distribution of Information
SB 790 amends the general health article of the
Maryland Code.� It adds new language into
the Code regarding meningococcal disease and the duties of the Secretary of
Health and Mental Hygiene (DHMH).� Under
this law, the secretary shall identify and make available informational
resources on the risks associated with meningococcal disease, the availability
and effectiveness of the meningococcal vaccine, and any potential risks
associated with immunization against meningococcal disease.� This information shall be made available to
the public through the DHMH website and notice of the information's
availability shall be made to institutions of learning.
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: October 2, 2009
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 in conjunction with the University of
MD School of Pharmacy 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.�
Pharmeseutical manufacturers and labelers must pay $2,500 to the fee
annually.� “Labeler” means a
person that: (i) receives prescription drugs or biological Products from a
manufacturer or wholesale distributor; (ii) repackages the prescription drugs
or Biological products for later resale; and (iii) has a labeler code from the
federal food and Drug administration under � 207.20 of title 21 of the code of
Federal regulations.
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
HB0832 �Montgomery County - Income Tax - Biotechnology
Investment Credit MC 921-09
HB 832
permits Montgomery County to allow an individual to claim credit against the
county income tax for investment in a biotechnology company, in a way similar
to the State Biotechnology Investment Tax Credit.
Effective
Date:� July 1, 2009
For
more information, please contact:� Mat
Palmer
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SB0614 �Transportation - Baltimore Corridor Transit Study -
Red Line Area
SB 614
prohibits MTA from acquiring property from 2009 through 2013 for the Red Line
transit project if the acquisition would result in residential displacement.
Effective
Date:� October 1, 2009
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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�� 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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