��������� Legislative Hotline
2009 SESSION OF THE
MARYLAND GENERAL ASSEMBLY
Volume 16, Number 2����������������������������������������������������������������������������������������������� January 29, 2009
Here are some of the hot
issues as the 2009 Legislative Session develops:
CAPITAL BUDGET
OPERATING BUDGET
BILLS INTRODUCED
STAFF CONTACT INFORMATION
This week Governor O’Malley
introduced his proposed FY2010 operating and capital budgets, and the
State’s five year capital improvement plan (CIP). Complete details
are not yet available, but information on the following programs of particular
significance to Johns Hopkins has been released. Despite severe cuts to
almost all areas of the budget, the Governor added $12.5M in additional capital
funding for the New Clinical Building (see details below) and managed to keep
funding levels at least equal to last year for several other budget areas of
importance to Johns Hopkins.
Capital Budget
As mentioned above, Governor O’Malley added
$12.5 million over three years to the CIP for Johns Hopkins Medicine’s
capital request, bringing the total State commitment to $100 million –
the full amount requested for the New Clinical Building. The CIP calls
for $50 million each for the Pediatric Trauma Center (PTC) and the
Cardiovascular and Critical Care Tower (CCCT), although the timing for State
funding of each project differs, as noted below:
|
Project |
Prior Authorization |
FY2010 |
FY2011 |
FY2012 |
TOTAL |
|
PTC |
35M |
10M |
5M |
|
50M |
|
CCCT |
35M |
7M |
2.5M |
5.5M |
50M |
The Governor also included $250,000 in FY2010 for Howard County General
Hospital’s request through the Maryland Hospital Association’s
private hospital grant program. The request is specifically for construction
of the $1.1 million Progressive Care Unit.
Other hospitals slated to receive funding through this $5 million grant program
include the following:
|
Kennedy Krieger |
$600,000 |
Neurobehavioral Unit and Pediatric
Feeding Disorder Unit |
|
Sinai |
$260,000 |
Post-Anesthesia Care Unit Expansion |
|
Calvert Memorial |
$800,000 |
Infusion Therapy Center
Renovation/Expansion |
|
Civista |
$�� 90,000 |
Dialysis Center Relocation/Expansion |
|
Upper Chesapeake |
$600,000 |
Residential Hospice Construction |
|
Chester Rive |
$330,000 |
Pharmacy Renovation/Expansion |
|
St. Mary’s |
$1.8M |
Medical/Surgical Unit Relocation |
|
Atlantic General |
$270,000 |
Pharmacy Relocation/Expansion |
�
Sinai received an additional $5 million appropriation for a new pediatric wing
for their inpatient and outpatient services.
The University of Maryland Medical System has deferred capital funding for its
proposed New Ambulatory Care Center in lieu of funding for additional inpatient
beds for Shock Trauma. The capital budget includes $13.5 million for
Shock Trauma renovation and expansion.
The Governor’s capital budget also includes $5 million for EBDI in
FY2010, and the CIP includes $5 million in each of the next four fiscal
years. These appropriations, coupled with $21 million in prior
authorizations, total $46 million in State capital funding for this initiative.
In addition, the capital budget includes $8 million for the Maryland
Independent Colleges and University Associations (MICUA) grant program.
Three institutions received appropriations through this initiative including $3
million for the College of Notre Dame’s Science Center Addition; $2.75
million for the Baltimore International College’s Culinary Arts Center;
and, $2.25 for the Capitol College Innovation and Leadership Institute.
Operating Budget
The Governor’s proposed $32 billion FY2010 operating budget closes a
projected $2 billion shortfall and represents a 1.3 percent decrease over the
prior fiscal year’s general fund expenditures – the first time in
memory that the State’s general fund budget has had a year on year
decline. The proposed budget assumes an infusion of $350 million from the
federal stimulus package, and contains level funding of multiple programs along
with cuts to others. The Governor also released an outline of $154 million
in additional cuts for FY2009, including savings from furloughs, state agency
budget reductions, and abolition of 250 vacant positions. Some areas of
the operating budget effecting Johns Hopkins include:
The Sellinger Program: level funded at
the FY 2009 appropriation which would allow for $50.4 million in FY2010.
Cigarette Restitution Fund
(CRF): Both Johns Hopkins grants are level funded at the FY 2009
appropriation, reflecting the reductions to the research grant taken by the
Board of Public Works
Cancer Research Grant: $1.6 million
Public Health Grant: $1.2 million
Stem Cell Research Fund: $18.4 million, which is a slight increase
over the FY 2009 appropriation after the $1 million reduction taken by the
Board of Public Works in the fall.
Medicaid Expansion: The first phase of the expansion plan, which includes
the parents of children enrolled in MCHIP up to 116% of the federal poverty level(FPL) will be maintained. However, the
State’s fiscal challenges have necessitated the postponement of the
second phase, which would have extended health care coverage for childless
adults up to 116% of the FPL through expansion of the existing Primary Care
Adult program.
Approximately $450 million of the reductions in the proposed budget are contingent
upon passage of a Budget Reconciliation and Financing Act (BRFA). The
most significant new proposal in the BRFA is the false health claims act which
is projected to account for $22 million ($11 M State Funds, $11 M Federal
Funds) in reductions to the Department of Health’s budget.
The Maryland Hospital Association and MedChi opposed
separate “false claims” legislation last year.
The BRFA also reflects reductions that were approved by the Board of Public
Works earlier this fiscal year, proposes further cuts to the FY2009 budget, and
amends FY 2009 budget language. Among the more significant provisions in
the BRFA are:
�
Expansion of the purposes for which the funds
generated from the hospital assessment may be used, permitting it to be used
for Medicaid payments to hospitals and general operations of the Medicaid
program.
�
Reduction of the amount the Governor is
required to provide in the budget for the CRF research grant for FY’s
2010 and 2011 (level funding at the current grant level)
�
Reduction of the multiplier used to calculate
Sellinger funding in FY’s 2011, 2012, 2013, and
2014; resulting in level funding for this year with a gradual return to the
full 16% multiplier in FY2015.
�
permits transfer of various special funds to
the general fund, including $17 million from the Maryland Physicians Trauma
Fund, $51.5 million from the State Police Helicopter Replacement Fund, $3
million from the Board of Physicians Fund, $2 million from the Maryland Health
Care Commission Fund, $500,000 from the Board of Nurses Fund and $14 million
from the Community Health Resources Commission
Health, General/Public/Environmental
Higher Education/Financial
Aid
BILLS
INTRODUCED
sb0231 �State Health Services Cost Review Commission - Health
Care Facilities - Annual Reports of Compensation
SB 231
requires each health care facility to report annually to the HSCRC the
compensation, including salaries, bonuses, and perquisites of each officer,
director, and executive of the facility and any parent company or subsidiary of
the facility; and any individual engaged by a facility as a regulated lobbyist for
the purposes of lobbying the General Assembly on behalf of the facility.
Effective
Date:� October 1, 2009
For
more information, please contact:� Sheila
Higdon
HB0089 �Hospitals - Certificate of Need and Rate-Setting -
High Performance Buildings
HB 89
requires that any hospital construction or renovation project (of at least
7,500 square feet) would go before the MHCC for a certificate of need must meet
LEED Silver certification or equivalent.�
It also provides that HSCRC, in determining hospital rates, shall take
into account any increased cost associated with meeting these requirements.
Effective
Date:� October 1, 2009
For
more information, please contact:� Mat
Palmer
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SB0221 �Health Care Facilities - Disclosures - Use of
Life-Sustaining Procedures
SB 221
requires each health care facility to disclose, upon request and on any
facility web site, the facility’s practices to: elicit and document
patient values, goals, and preferences that may affect the provision,
withholding, or withdrawal of life-sustaining procedures during the
patient’s current admission; cause medical orders to be consistent with
the known values, goals, and preferences of the patient; and assess
periodically outcomes to evaluate whether the actions taken were consistent
with patient preferences.
The bill requires the State Advisory Council on Quality Care at the End of
Life, after consulting with appropriate stakeholders, to develop and make
publicly available resources to facilitate patient-centered decision making
about life sustaining procedures. To the extent feasible, the council must
develop resources which account for relevant differences among types of health
care facilities or time constraints on decision making.
Effective
Date:� Various
For
more information, please contact:� Sheila
Higdon
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Health,
General/Public/Environmental
HB0129 �Vehicle Laws - Horse Riding - Helmet Requirement for
Minors
HB 129
prohibits a person under the age of 18 from riding a horse on a highway,
horse-riding path, or other property open to the public unless the person is
waring a helmet that meets or exceeds the standards of the American National
Standards Institute, the Snell Memorial Foundation, or the American Society of
Testing and Measurements for protective headgear for use in equestrian
riding.� A person convicted of a
violation is subject to a fine.� The
police officer charging a person with a violating this ordinance is required to
issue educational materials about the helmet requirement and proper helmet use
while riding a horse.
Effective
Date:� October 1, 2009
For
more information, please contact:� Sheila
Higdon
HB0181 �Maryland Cancer Treatment Program
HB 181
establishes the Maryland Cancer Treatment Program in the Department of Health
and Mental Hygiene.� The program's
purpose is to provide health insurance coverage to qualifying individuals for
the first year of cancer treatment.�
Individuals are eligible if they:
- reside in Maryland at the time of
the diagnosis
- provide documentation from their
physician that they need treatment for cancer
- have no comprehensive health
insurance
- as of July 1, 2001 have a countable
household income less than 116% of the federal poverty guidelines (FPG)
- as of July 1, 2012 have a countable
household income less than 200% of FPG
- as of July 1, 2013 have a countable
household income less than 300% of FPG
Resources to cover program expenses for provider enrollment, billing and
payment, income eligibility, enrollment and tracking services will be provided
by the Maryland Medical Assistance Program.�
The Program shall reimburse providers at rates established by the
Maryland Medical Assistance Program.
Effective
Date:� Various
For
more information, please contact:� Sheila
Higdon
SB0004 �Environment - Permitting Process - Environmental
Justice Review
SB 4
requires the completion on an “environmental justice review” before
the issuance or renewal of a permit to:
- discharge pollutants to state
waters;
- �install, materially alter, or materially
extend a landfill, incinerator for public use, or structure for storage or
distribution of sewage sludge;
- own, operate, establish, or
maintain a controlled hazardous substance facility, a hazardous material
facility, or a low-level nuclear waste facility;
- or an air quality permit to
construct.�
An “environmental justice review” is defined as a written
report (to be submitted to the Department of the Environment) which includes:
- a description of proposed action;
- description of the historic uses of
the site/facility in question;
- a demographic profile of those
persons who will be affected (including those using, working, or living
within a 2 mile radius of the site/facility in question);
- a description of potential adverse
environmental impacts to land, air, and water resources within a 2 mile
radius of the site in question;
- a description of potential adverse
human health impacts to those using, working, or living within a 2 mile
radius of the site/facility in question;
- a description of any potential
adverse impacts to “environmentally stressed communities”
(defined as a minority or low-income community that bears a
disproportionate share of the negative environmental consequences
resulting from industrial, municipal, and commercial operations);
- and any public education or
community outreach which is planned by the applicant in regard to the
proposed action.
Based on the findings of the environmental justice review, the Department
of the Enivronment shall determine whether the proposed action will
disproportionally affect environmentally stressed communities.� If so, the applicant must submit the
following before undertaking the proposed action:
- a list of multiple alternative
locations where the proposed action could occur;
- a list of mitigating actions that
the applicant will conduct to offset the proposed impacts;
- and a list of strategies to educate
members of the community regarding the action.�
Failure to comply is a misdemeanor offense subject to a fine not exceeding
$50,000 for each violation or imprisonment not exceeding two years or both.
The bill explicitly applies these requirements to any construction or
expansion of any new or existing liquefied natural gas facilities.
Effective
Date:� October 1, 2009
For
more information, please contact:� Matt
Greenwood
sb0160 �Hereditary and Congenital Disorders - Newborn
Screening
SB 160
permits a parent or guardian of a newborn to object to screening for hereditary
and congenital disorders for which there is no treatment that has proven
effective.� The State Advisory Council on
Hereditary and Congenital Disorders will be required to establish a list of the
disorders for which there are effective treatments.
Effective
Date:� October 1, 2009
For
more information, please contact:� Sheila
Higdon
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Higher Education/Financial Aid
hb0085 �College Textbook Competition and Affordability Act of
2009
HB 85
requires all institutions of higher education to provide upon request from an
outside bookstore (as soon as a faculty member has selected the textbook and
materials for each class) the following information: title, author, publisher,
edition, copyright date and publication date when available, and ISBN of
textbooks, as well as anticipated class enrollment.� The institution must also publish the
aforementioned information on its website either one week after faculty have
submitted their selections or when the bookstore places a final order,
whichever is earlier.� The website also
must indicate whether the supplemental material is required or suggested and if
a previous edition of the textbook will suffice.
This bill also requires all campus bookstores to provide and sell
textbooks and supplemental materials in the manner in which they were ordered
by the faculty member.�
This bill would require all public institutions to develop and implement:
- an information campaign for faculty
on textbook-related issues such as: costs associated with suplemental and
bundled materials, content revisions, and other cost drivers of college
textbooks;
- a best-practices process for
faculty in selection of textbooks which addresses: early adoption of
textbooks and suplemental materials, encourages the use of used textbooks
and previous editions, ensures that a majority of the assigned materials
will be used, and ensures that faculty are aware of various outlets for
the supply of materials;
- a process for faculty to affirm that
they are aware of the following: the costs associated with picking a new
version of the textbook, the costs associated with picking a different
publisher, and the reduced costs associated with the selection of a used
version.
This bill would require textbook publishers to disclose:
- the price at which the material is
available to a bookstore and the price at which the material is available
directly to the public;
- the title, author, publisher,
edition, current and previous copyright dates, publication date when
available, and ISBN of material bundled and unbundled;
- content revisions made in this
edition;
- other available formats of the
materials;
- difference in price between the
bundled and unbundled materials.
The bill would also require USM, St. Mary's College, Morgan State, the
community colleges, and MICUA to conduct a feasability study of a textbook
rental program, and a statewide digital marketplace for textbooks, and submit
those studies to MHEC by Dec. 1, 2011.
Effective
Date:� July 1, 2009
For
more information, please contact:� Mat
Palmer
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LIST]
SB0211 �Minority Business Enterprise Program - Participation
by Race or Gender
SB 211
authorizes a business owned by a woman who is also a member of an ethnic or
racial minority group to be certified for procurement contract purposes as
either a woman-owned business or a business owned by a member of an ethnic or
racial minority group.� If the business
has been certified in both categories, it may only be counted as one or the
other for the purposes of achieving procurement goals.� The specific category used for participation
as a certified minority business enterprise must be identified at the time the
bid or proposal is submitted to the procuring agency.
Effective
Date:� October 1, 2009
For
more information, please contact:� Sheila
Higdon
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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
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]
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