Legislative Hotline
2009 SESSION OF THE
MARYLAND GENERAL ASSEMBLY
Volume 16, Number 1������������������������������������������������������������������������������������������������� January 22, 2009
Here are some of the hot
issues as the 2009 Legislative Session develops:
2009 LEGISLATIVE SESSION
-- OPENING DAY
BILLS INTRODUCED
STAFF CONTACT INFORMATION
2009 Legislative Session
-- Opening Day
The 426th Session of the Maryland Legislature opened in
Annapolis on January 14, 2009, with the State’s fiscal outlook and
challenges eclipsing the opening day ceremony. Governor O’Malley
addressed both chambers, expressing his desire to work with both parties to
make tough decisions on the state’s budget.
As anticipated, Senate President Thomas V. Mike Miller and House Speaker
Michael E. Busch were easily re-elected to their respective leadership
positions. Senator Nathaniel McFadden was also re-elected President
Pro-Tem, and Delegate Adrienne Jones was re-elected Speaker Pro Tem.
Although the leadership of committees with purview over the issues of most
significance to Johns Hopkins’ interests remains the same, there was some
realignment of committee member assignments in the House.
Committee work during this abbreviated week has been limited to
organizational meetings that outline the expected focus areas for each
committee. As expected, there was lengthy discussion in the health committee
about the recent Sun article on hospital collection and billing practices. Chairman
Hammen informed committee members that he has been meeting with the Health Care
Services Cost Review Committee and the Maryland Hospital Association to gather
information on the issues raised in the article, and plans to hold a briefing
with key stakeholders in early February.
The 426th Session of the Maryland Legislature is surely going to
be an active one with several limitations placed on it, not the least of which
is the ongoing financial crisis.
Employment/Labor/Worker's Compensation
Environment/General/Public Health
Health Insurance/Health Care Access
BILLS INTRODUCED
Employment/Labor/Worker's Compensation
HB0013 �Workplace Religious Freedom Act
HB 13 requires an employer to allow employees to use
leave with pay for observance of religious beliefs.� An employee that earns more than one type of
leave may elect which type of leave is to be used.� The employee may only use leave that is
earned in accordance with the terms of the employment policy.� An employer may be deemed exempt from the Act
if it can demonstrate that compliance will create undue hardship.� An employee may bring a civil action against
the employer for violation of the Act.�
Employers are prohibited from taking adverse action against an employee
for using their leave for observance of religious beliefs.� Employees are prohibited from making false
complaints against their employer.
Effective
Date:� October 1, 2009
For more
information, please contact:� Delora
Sanchez
HB0016 �Labor and Employment - Shift Breaks
This bill requires an employer to provide a 15 minute
nonworking shift for every 4-6 consecutive hours worked or a 30 minute shift
break for more than 6 consecutive hours worked.�
Exceptions to the requirement include: employees that do not work more
than 6 consecutive hours during a shift; an emergency that poses an immediate
threat to public health or safety; the type of work prevents an employee from
being relieved of work; or the employee is allowed a lunch break and the lunch
break is counted toward the employee’s work hours.� If an exception does not apply and an
employer does not provide a nonworking shift break, an employee may bring a
civil action against the employer.
Effective
Date:� October 1, 2009
For more
information, please contact:� Delora
Sanchez
HB0064 �Unemployment Insurance - Exemption from Covered
Employment - Continuing Education Instructors
HB 64 clarifies that certain types of continuing
education instruction is not covered employment for the purposes of unemployment
insurance.� Instruction is not covered if
the instructor has entered into a agreement with a nongovernmental entity that
allows the instructor to set the curriculum and hours of instruction; have
instruction� outside instructor’s
place of employment; and expressly states that the instructor is aware that
they are responsible for paying social security and state and federal taxes.
Effective
Date:� October 1, 2009
For more
information, please contact:� Delora
Sanchez
SB0084 �Medicare Supplement Plan A Policies - Individuals with
a Disability - Rates
Requires a carrier to make Medicare supplement policy
plan A available to an individual who is under 65 but eligible for Medicare due
to a disability; the rate charged to must not be a higher rate than the average
premium amount for all policy holders in the state that are over 65 years of age.
Effective
Date:� Emergency Measure
For more
information, please contact:� Delora
Sanchez
SB0123 �Unemployment Insurance Benefits - Determination Based
on Severance or Dismissal Payments
This bill 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 an 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
[ Go to Top]��� [Go to Bill List]
Environment/General/Public Health
HB0014 �Environment - Brominated Flame Retardants -
Decabrominated Diphenyl Ether - Prohibition
HB 14 prohibits manufacturing, processing, selling, or
distributing in Maryland a new product or flame-retardant part of a new product
that contains more than one-tenth of 1% of DecaBDE by mass.
Effective
Date:� January 1, 2010
For more
information, please contact:� Sheila
Higdon
HB0015 �Child Care Articles and Toys Containing Bisphenol-A -
Prohibition
HB 15 prohibits the manufacture, sale, or distribution
of toys intended by the manufacturer for a child under the age of 13 that
contain Bisphenol-A.
Effective
Date:� October 1, 2009
For more
information, please contact:� Sheila
Higdon
SB0050 �Commission on Gambling Addiction
SB 50 establishs a Commission on Gambling Addiction
within the Department of Health and Mental Hygiene.� The commission shall have 17 voting members
and 3 nonvoting members.� The
commission's most important missions shall be: studying the effects of gambling
addiction on addicted individuals and their families; measuring the cost of
gambling addiction to the MD taxpayer; and promoting the coordinated planning
and delivery of state prevention, intervention, evaluation, and treatment
resources to combat gambling.� The
commission shall present an annual report on its progress to the Governor and
General Assembly.
Effective
Date:� June 1, 2009
For more
information, please contact:� Helen
Bellete
[ Go to Top]���� [Go to Bill List]
SB0003 �Public Safety - County or Municipal Corporation Funded
Ambulance Service - Physician's Office Adjacent to Hospital
SB 3 prohibits a county or municipally funded EMS from
transporting a patient from a physician's office to a hospital located
immediately adjacent to or within 250 yards of the physician's office.
Effective
Date:� October 1, 2009
For more
information, please contact:� Sheila
Higdon
[ Go to Top]���� [Go to Bill List]
Health Care Occupations
HB0030 �Health - Terminal Condition - Counseling
HB 30 requires health care providers to inform any
patient whom they diagnose with a terminal condition that the patient may
receive counseling regarding terminal condition care options.� The bill further stipulates that the health
care provider shall provide the requested counseling or refer the patient to a
hospice provider or other organization that specializes in terminal condition
case management and consultation.� It also
outlines the information that must be provided to the patient, and directs any
health care provider who does not wish to provide the counseling to inform the
patient of this and refer them to another provider.
Effective
Date:� October 1, 2009
For more
information, please contact:� Sheila
Higdon
[ Go to Top]����� [Go to Bill List]
Health Insurance/Health Care Access
HB0001 �Disability Insurance - Discrimination Based on Genetic
Information or Tests - Prohibited
HB 1 repeals an exemption in disability insurance
policies related to genetic testing or information.� Repeal disallows the use of genetic
information for the purpose of denying, limiting, cancelling, refusing to
renew, increasing the rates of, or affecting the terms of an individual's
policy.� Furthermore, no organization nor
person shall release such genetic information without the expressed consent of
the individual unless it is to provide medical care to said individual.
Effective
Date:� October 1, 2009
For more
information, please contact:� Helen
Bellete
HB0032 �Health Insurance - Limitations on Preexisting
Condition Provisions - Applicability
HB 32 expands the current preexisting condition
provisions in the health insurance code, which currently only apply to group
policies, to include individual policies as well.
Effective
Date:� October 1, 2009
For more
information, please contact:� Mat Palmer
HB0041 �Health Insurance - Mandated Benefits - Hospitalization
and Home Visits Following a Mastectomy
HB 41 adds hospitalization and home visits to the list
of mandated health insurance benefits following a mastectomy.� The bill provides that insurance cover the
cost of inpatient hospitalization for a minimum of 48 hours following a
mastectomy unless the patient requests a shorter stay.� If the patient receives less than a 48 hour
inpatient stay, their insurance shall cover at least one home visit.� The bill also provides that insurance is
required to cover one home visit for any patient who has received a mastectomy
if prescribed by the attending physician, regardless of the length of their
inpatient stay.� The bill also prohibits
an insurance plan from imposing a copayment, coinsurance requirement, or deductible
for coverage of these home visits.
Effective
Date:� October 1, 2009
For more
information, please contact:� Helen
Bellete
[ Go to Top]���� [Go to Bill List]
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
Helen Bellete������������ ���� [email protected]
Mickey Geisler��������� ����� [email protected]
Matthew Greenwood����
[email protected]
Sheila Higdon����������� ����� [email protected]
Tom Lewis���������������� ����� [email protected]
Mat Palmer��������������� ����� [email protected]
Delora Sanchez������� ����� [email protected]
[ Go to Top]���� [Go to Bill List]
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