��� �����Legislative Hotline
2009 SESSION OF THE
MARYLAND GENERAL ASSEMBLY
Volume 16, Number 3����������������������������������������������������������������������������������������������� February 5, 2009
Here are some of the hot
issues as the 2009 Legislative Session develops:
TRAUMA/EMS/MEDEVAC
HELICOPTER HEARINGS
BILLS
INTRODUCED
STAFF
CONTACT INFORMATION
�
State
of the State Address
On January 29, the Governor delivered his State of the State address wherein he
discussed the ongoing fiscal problems facing the state. The Governor
acknowledged that he and the Legislature are faced with a number of difficult
decisions regarding resource allocation due to the downturn in the
economy. Major points of note included the fact that the budget shrunk
this year relative to last; marking the first time in Maryland history that
spending has decreased from the prior year. The anticipated federal
stimulus package is expected to temporarily mollify cuts to such significant
areas as Medicaid, higher education, and capital funding.
Trauma/EMS/Medevac Helicopter Hearings
A number of committees have held hearings on the Trauma and Medevac
system. Colonel A.J. McAndrew and Dr. Robert Bass have testified on the
circumstances surrounding the crash of Trooper 2 Medevac Helicopter and the
steps that are underway to address the findings of the Expert Panel to Review
Helicopter Utilization and Protocols that was convened following the
crash. We are continuing to monitor these issues very closely.
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Employment/Labor/Worker's Compensation
Health Insurance/Health Care Access
Health, General/Public/Environmental
BILLS
INTRODUCED
Employment/Labor/Worker's Compensation
HB0162�
Insurance
- Notice of Premium Increase for Commercial and Workers' Compensation Insurance
HB 162 requires commercial and workers
compensation insurers to provide notice for all premium increases.� Notice is not required if the increase is a
result of an increase in the units of exposure; the application of an
experience rating plan; the application of a retrospective rating plan; a
change made by the insured that increases exposure; or an audit of the insured.
Effective Date:� October 1, 2009
For more information, please contact:�
Delora Sanchez
HB0242� Unemployment Insurance Benefits - Determination Based
on Severance or Dismissal Payments
HB 242 makes the determination of unemployment
insurance benefits for individuals who receive or are eligible to receive severance
or dismissal payments the same whether or not their unemployment is due to the
abolishment of their job.�� Depending on
the amount of payments and individual receives; the individual may be
disqualified from receiving certain benefits or may receive reduced benefits.
Effective Date:� June 1, 2009
For more information, please contact:�
Delora Sanchez
HB0288� Lilly Ledbetter Fair Pay Restoration Act of 2009
HB 288 clarifies that discrimination in
compensation occurs when: a discriminatory compensation practice or decision is
adopted; an individual becomes subject to a discriminatory compensation
practice or decision; or an individual is affected by the application of a
discriminatory compensation decision or practice. Liability may accrue including
recovery of back pay for up to 2 years before filling the complaint where the
unlawful employment practice that occurred during the complaint filing period
occurred outside the time for filing a complaint.
Effective Date:� October 1, 2009
For more information, please contact:�
Delora Sanchez
HB0310� Unemployment Insurance - Eligibility - Part-Time Work
HB 310 authorizes an individual who is only
eligible to work part time to be eligible for certain unemployment
benefits.� Prohibits the Secretary of Labor,
Licensing and Regulation from using the disability of a qualified individual to
find that they are not available for work, actively seeking work, or eligible
for benefits.
Effective Date:� Emergency Measure
For more information, please contact:�
Delora Sanchez
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HB0073� Education - Floating Teacher Pilot Program
HB 73 establishes a Floating Teacher Pilot Program
in academic years 2009 and 2010 for Baltimore City and Prince George�s and
Montgomery Counties.� Each school
district will designate three participant schools (schools must currently be
classified as �underperforming schools�) to receive one floating teacher
through the pilot program.� The school
principal, with input from the school staff, will determine which students are
to receive instruction from the floating teacher.� The State Department of Education will
reimburse participating county boards of education for participation in the
pilot program.
Effective Date:� July 1, 2009
For more information, please contact:�
Delora Sanchez
HB0150� Education - School Administrators - Reports of
Violence to Local Law Enforcement Unit
HB 150 requires a school administrator to report
to local law enforcement any act of violence occurring on school property which
results in an injury requiring a call to emergency medical services.� The administrator shall provide notice of any
such reports to the presiding county board of education.
Effective Date:� July 1, 2009
For more information, please contact:�
Delora Sanchez
�Education - Maryland's Preschool for All Business Plan
- Final Report Requirements
HB 184 makes certain requirements of the State
Department of Education (MSDE) regarding Maryland�s �Preschool All Business
Plan.�� The bill requires MSDE to consult
with county superintendents and local governing bodies before finalizing the
plan.� The final plan is to include:
�
Feedback from the county superintendents and local governing
bodies
�
Cost projection for staged plan implementation
�
An evaluation of the income eligibility level
�
Comparison to income eligibility levels in other states
�
Feasibility of expanding the income eligibility level
�
Level of participation by eligible population
�
Level of demand among the noneligible population
Effective Date:� July 1, 2009
For more information, please contact:�
Delora Sanchez
HB0201� Education - Student Discipline - Alternative Education
Program
HB 201 authorizes a juvenile court to order any
student who is suspended, expelled, or identified as a candidate for suspension
or expulsion to attend a juvenile justice alternative education program if one
is available in that county.
Effective Date:� July 1, 2009
For more information, please contact:�
Delora Sanchez
HB0205� Education - Public Schools - Mandatory School Uniforms
HB 205 requires each county school board, with
the recommendation of the county superintendent (or the CEO of the Baltimore
City schools), to develop a school uniform policy.� Parents are to be informed at least 6 months
prior to the policy taking effect.� A
grace period will be allowed for students who have not yet purchased
uniforms.� Accommodations will be made
for low-income students.� Opt-out will be
allowed on religious grounds with written parental authorization.
Effective Date:� October 1, 2009
For more information, please contact:�
Delora Sanchez
HB0257� Classroom Placement - Multiple Birth Children -
Parental Discretion
HB 257 provides that, with certain exceptions,
parents of multiple birth children (twins, triplets, etc.) may request that
their children be placed in the same or separate classrooms (and any
combination thereof) if those children are in the same grade at the same
school.� The school shall honor this
request unless the school principal, in consultation with teachers, determines
that the placement is disruptive.�
Parents are free to appeal such a determination.� The school may make recommendations and provide
professional assistance to the parents regarding placement of multiple birth
children.� A county board may not adopt a
policy which separates or places children together by default.
Effective Date:� July 1, 2009
For more information, please contact: �Delora Sanchez
HB0274� Task Force on the Correlation Between Population Size
of Middle and High Schools and Academic Achievement
HB 274 establishes a Task Force on the
Correlation Between Population Size of Middle and High Schools and Academic
Achievement.� The task force is
commissioned to study the student population of Maryland middle and high
schools and compare the results with those in surrounding states, the United
States overall, and also with the highest performing schools in the United
States.� The task force will study
contemporary research on the correlation between the student population size
and academic achievement and make recommendations on the optimum student
populations for Maryland middle and high schools.� The Governor shall designate the chair of the
task force, and membership will include:
����� One member of the
Maryland Senate
����� One member of the
Maryland House of Delegates
����� State
superintendent of schools or designee
����� President of the
Maryland State Teachers Association or designee
����� President of the
Maryland Parent-Teacher Association or designee
Effective Date:� October 1, 2009
For more information, please contact:�
Delora Sanchez
HB0306� Interstate Compact on Educational Opportunity for
Military Children
HB 306 establishes and authorizes the Governor
to execute with other member states, the Interstate Compact on Educational
Opportunity for Military Children.�
Maryland and other member states will enter into the compact to
facilitate the enrollment and transfer of children of military families in
elementary and secondary schools due to the frequent movement and deployment of
their parents.
Effective Date:� July 1, 2009
For more information, please contact:�
Delora Sanchez
SB0139� Education - High School Assessment Requirement
SB 139 prohibits the establishment of a
requirement to pass a statewide, mandatory, curriculum-based exam in order to
graduate from public schools in Maryland.
Effective Date:� July 1, 2009
For more information, please contact:�
Delora Sanchez
SB0241� Education - Suspension and Expulsion Procedures -
Attendance-Related Offenses
SB 241 prohibits a school principal from
suspending or expelling a student solely for attendance-related offenses.
Effective Date:� October 1, 2009
For more information, please contact:�
Delora Sanchez
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HB0265� Public Safety - Emergency Medical Services Board -
Membership
HB 265 increases the membership of the Emergency
Medical Services Board from 11 to 13 members by adding an additional member
from the public at large (for a total of three) and adding one member who is a
helicopter pilot employed by the Maryland State Police Aviation Division.
Effective Date:� October 1, 2009
For more information, please contact:�
Delora Sanchez
SB0272� Maryland False Health Claims Act of 2009
SB 272 (an administration bill) authorizes the
state or a person other than the state to file a civil action against a person
who makes a false claim against a state health plan or State health
program.� The state may intervene and
proceed with the action with or without the person that initiated the action.� The state may elect not to intervene and
proceed with the action but allow the person that initiated the action to
proceed.� The court may limit the
participation of the person that initiated the action under certain
circumstances. If the state or person on behalf of the State prevails, the court
may award the person initiating the action 15-20% of the proceeds of the
settlement, reasonable expenses, and attorney�s fees and costs.� Employers are prohibited from taking
retaliatory action against an employee under certain circumstances.� Employees may file a civil action against an
employer that takes retaliatory action against the employee under certain
circumstances.
Effective Date:� October 1, 2009
For more information, please contact:�
Delora Sanchez
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HB0155� Physicians - Licensure - Liability Insurance Coverage
HB 155 requires physicians to maintain medical
professional liability insurance in the amount of $500,000 per occurrence or
claim and $1,500,000 per annual aggregate.�
If the insurance is cancelled, the physician must notify the Board of
Physicians at least 10 days before the effective date of cancellation.� Physician must provide the Board with proof
of insurance within 30 days of obtaining or renewing the insurance.
Effective Date:� October 1, 2009
For more information, please contact:�
Delora Sanchez
HB0173� Health Occupations - Maryland Athletic Trainers Act
HB 173 establishes an athletic trainer license
and the Athletic Trainer Advisory Committee.�
The practice of athletic training is defined as the application of
methods for managing athletic injuries including prevention, clinical
evaluation and assessment, immediate care, treatment, rehabilitation,
reconditioning, administration of athletic training programs, and instruction
regarding the care and prevention of athletic injuries.� It does not include the practice of chiropractic,
massage therapy medicine, occupational therapy, physical therapy, or the
reconditioning of systematic neurologic injuries, conditions, or disease.� Licensed athletic trainers will be authorized
to practice athletic training in an approved setting in accordance with an
evaluation and treatment protocol between the athletic trainer and a licensed
physician.
Effective Date:� October 1, 2009
For more information, please contact:�
Delora Sanchez
SB0205� State Board of Nursing - Licensing - Licensure by
Endorsement - Provisional Practice Permits
SB 205 (an administration bill) allows nursing
applicants that do not meet the educational qualifications for licensure but
have graduated from a program approved by a nursing accreditation agency to
petition the board to enter into a remedial study plan before taking the
license examination.� Authorizes the
Board of Nursing to waive the education requirement of applicants for licensure
by endorsement that have 1,000 hours of clinical practice in the 5 years
immediately preceding the submission of an application or 350 hours of clinical
practice in the 12 months immediately preceding the submission of an
application.� The board may issue a
provision practice permit to an application for licensure by endorsement whose
nursing program did not have a clinical or didactic component.
Effective Date:� Emergency Measure
For more information, please contact:�
Delora Sanchez
SB0251� State Board of Physicians - Polysomnographic
Technologists - Education Requirements - Waiver
SB 251 requires the State Board of Physicians to
waive the educational requirements for individuals applying for a
polysomnography license if: they have met the eligibility requirements to sit
for the national certifying examination given by the Board of Registered
Polysomnographic Technologists, or are actively enrolled in an educational
program in polysomnography.
Effective Date:� July 1, 2009
For more information, please contact:�
Delora Sanchez
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Health Insurance/Health Care Access
HB0272� Maryland Coverage Affordability and Revenue Efficiency
Standards Act
HB 272 alters the medical loss ratios (MLR)
requirements for certain health plans and Medicare supplement policies.� The bill increases the MLR for HMOs who must
file new rates if the MLR is less than 85%, instead of the current standard of
less than 75%.� The bill also provides
that all health benefit plans issued to groups must file new rates if the MLR
is less than 85%.� The bill also raises
the minimum acceptable MLR for Medicare supplement policies from 75% to 85% for
group plans, and from 60% to 80% for individual policies.
Effective Date:� July 1, 2009
For more information, please contact:�
Mat Palmer
HB0273� Health Insurance - Coverage of Autism Spectrum
Disorders
HB 273 required all health insurance plans and
HMOs to provide coverage for the diagnosis and treatment of autism spectrum
disorders.
Effective Date:
For more information, please contact:�
Mat Palmer
SB0305� Mortality and Quality Review Committee - Sunset Repeal
SB 305 repeals the Mortality and Quality Review
Committee termination date of September 30, 2009.
Effective Date:� October 1, 2009
For more information, please contact:�
Delora Sanchez
SB0341� Prosthetic Parity Act
SB 341 requires insurers, nonprofit health
plans, and health maintenance organizations to provide coverage and payment for
prosthetic devices.� Coverage must be
provided for the prosthetic device itself, as well as the repair or replacement
of a prosthetic device due to a change in the physical condition of the insured
if determined necessary by the health care provider of the insured.� The covered benefits may not be subject to a
higher copayment or coinsurance requirement than that covered under the policy
contract.� Insurers may not impose an
annual or lifetime dollar maximum on the required coverage.
Effective Date:� October 1, 2009
For more information, please contact:�
Delora Sanchez
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Health, General/Public/Environmental
HB0076� Hepatitis C Virus - Public Awareness and Outreach -
Repeal of Sunset
HB 76 repeals the termination (scheduled for
December 31, 2009) of the Department of Health and Mental Hygiene's hepatitis C
outreach and public awareness campaigns.
Effective Date:� July 1, 2009
For more information, please contact:�
Helen Bellete
HB0119� Children's Products Containing Lead - Modifications
HB 119 aligns the terms and conditions in
Maryland's statutes regarding lead in children's products with the federal
Consumer Product Safety Act of 2008.�
First, it seeks to change the meaning of the word child to include all
individuals under 13 years of age instead of under 5 years of age.� Second, all manufacturers of children's
products must have their products tested by an independent company to affirm
that the products do not contain lead.�
Third, certification of compliance with the law must accompany the
children's product to the end user.�
Fourth, second hand or consignment shops are excluded from the
aforementioned requirement.� Fifth, the
bill is intended to pass as an emergency measure for prompt enactment.
Effective Date:� Emergency Measure
For more information, please contact:�
Helen Bellete
HB0168� Criminal Law - Controlled Dangerous Substances -
Eligibility to Participate in Drug Treatment Program
HB 168 allows individuals convicted of certain
drug-related offenses to participate in a drug treatment program in which they
were previously prohibited from participating because of the length of
sentence.
Effective Date:� October 1, 2009
For more information, please contact:�
Delora Sanchez
HB0250� Public Health - Authority to Certify Incapacity or
Death - Nurse Practitioners
HB 250 authorizes a nurse practitioner to make a
determination of incapacity or debilitation.�
Nurse practitioners will be authorized to fill out and sign death
certificates; certify that a patient is incapable of making informed decisions
for the purposes of an advance directive or authorization for treatment; and
certify that a patient is in a terminal or end-stage condition.
Effective Date:� October 1, 2009
For more information, please contact:�
Delora Sanchez
hb0283� Task Force on Administrative Compensation for
Birth-Related Neurological Injury
HB 283 establishes a Task Force on Administrative
Compensation for Birth-Related Neurological Injury.� The task force is commissioned to: study the
administrative compensation programs for birth-related neurological injury
established or under consideration in other states; investigate the financial,
policy, administrative, and legal issues regarding such a program; and
investigate the implications of such a program on the supply of physicians
practicing obstetrics and the availability of affordable liability coverage for
those physicians.� The membership of the
Task Force will be as follows:
�
Three members of the Maryland Senate, appointed by the Senate
President, to include one member of each of the Finance; Education, Health, and
Environmental Affairs; and Judicial Proceedings committees
�
Three members of the Maryland h House of Delegates, appointed
by the House Speaker, to include one member from each of the Health and
Government Operations; Economic Matters; and Judiciary committees
�
Secretary of Health and Mental Hygiene or designee
�
Attorney General or designee
�
Maryland Insurance Commissioner or designee
�
Chairman of the State Board of Physicians or designee
�
Two health care consumers, one appointed by each of the
Senate President and House Speaker
�
Chairman of the State Workers� Compensation Commission or
designee
Twelve members to be appointed by the Governor:
�
Two representatives of the medical professional liability
insurance industry
�
One representative of a Maryland hospital
�
One representative of the Maryland State Bar Association
�
One representative of the Maryland Defense Council, Inc.
�
One representative of the Maryland Trial Lawyers Association
�
One representative of the health insurance indutry
�
One representative of an advocacy group representing patients
with birth-related neurological injuries
�
Two physicians, each of whom has practiced obstetrics in the
past ten years
�
Two physicians, each of whom has practiced pediatrics in the
past ten years
Effective Date:� October 1, 2009
For more information, please contact:�
Delora Sanchez
SB0196� Pharmaceutical Manufacturers - Disclosure of Payments
to Physicians
SB 196 requires pharmaceutical manufactures to
disclose to the Maryland Health Care Commission (MHCC) all payments made to all
physicians listed under Title 14 of the Health Occupations article to practice
medicine in the state for speeches, consulting, or conducting research.� MHCC is required to annually publish on its
website the name of the physicians who received payments and the name of the
pharmaceutical manufacturer that provided the payments.
Effective Date:� October 1, 2009
For more information, please contact:�
Sheila Higdon
SB0229� Public Health - Ephedrine, Pseudoephedrine, or
Phenylpropanolamine Purchases - Statewide Electronic Logbook
SB 229 requires the Alcohol and Drug Abuse
Adminsitration to assit in the regulation of the sale of ephedrine,
pseudoephedrine, or phenylpropanolamine by establishing and maintaining a
real-time statewide electronic logbook for the purpose of allowing pharmacies
and retailers to enter any transaction related to the sale of ephedrine,
pseudoephedrine, or phenylpropanolamine.�
Information entered into the logbook is confidential and not subject to
the Freedom of Information Act.
Effective Date:� Contingent
For more information, please contact:�
Delora Sanchez
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HB0012� Genetic Privacy - Individual's Genetic Information -
Personal Property Rights
HB 12 prohibits the knowing collection,
analysis, and retention of a DNA sample from an individual� for the puposes of genetic testing.� This information cannot 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.
Effective Date:� October 1, 2009
For more information, please contact:�
Helen Bellete
HB0237� Health Care Malpractice - Noneconomic Damages
HB 237 raises the limit for noneconomic damages
from $650,000 to $665,000 and establishes that noneconomic damages for personal
injury or wrongful death arising on or after October 1, 2009 may not exceed
$710,000.� The limitation on noneconomic
damages will increase annually beginning October 1, 2010.� In a wrongful death action where there are
two or more claimants or beneficiaries, the award or verdict may not exceed
150% of $710,000.
Effective Date:� October 1, 2009
For more information, please contact:�
Delora Sanchez
hb0280� Health Care Malpractice - Expression of Regret or
Apology - Inadmissibility
HB 280 makes an apology or expression of regret
made by a health care provider inadmissible as an admission of liability or as
evidence of an admission against interest in health care malpractice
proceedings.� It will include any
expression of regret or apology made in writing, orally, or by conduct to a
victim, family member, or individual that claims damages by or through the
victim.� The bill will apply only
prospectively and may not be applied or interpreted to have any effect on a
cause of action arising before the effective date.
Effective Date:� October 1, 2009
For more information, please contact:�
Delora Sanchez
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HB0229� Prescribers - Controlled Dangerous Substances -
Exemption from Registration
HB 229 establishes that a person is not required
to be registered by the Department of Health and Mental Hygiene in order to
prescribe a controlled dangerous substance in the state.
Effective Date:� October 1, 2009
For more information, please contact:�
Delora Sanchez
HB0252� State Board of Pharmacy - Pharmacy Permit - Term and
Renewal
HB 252 extends a pharmacy permit renewal term
from one year to two years and requires the Board of Pharmacy to send a renewal
notice to each pharmacy permit holder at least 1 month before the permit
expires.
Effective Date:� July 1, 2009
For more information, please contact:�
Delora Sanchez
SB0242� Pharmacy Permit Holders - Signs for Reporting
Incorrectly Filled Prescriptions
SB 242 requires pharmacy permit holders to post
conspicuous signs that include information on the process for resolving
incorrectly filled prescriptions.
Effective Date:� October 1, 2009
For more information, please contact:�
Delora Sanchez
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SB0317� Criminal Law - Salvinorin A and Salvia Divinorum -
Controlled Dangerous Substances
SB 317 makes any material, compound, mixture, or
preparation that contains Salvia divinorum a Schedule I controlled dangerous
substance with the exception of drug products that have been approved by the
FDA.
Effective Date:� October 1, 2009
For more information, please contact:�
Delora Sanchez
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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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�� Sheila Higdon |
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�� Tom Lewis |
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�� Mat Palmer |
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�� Delora Sanchez |
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