Legislative Hotline
2009 SESSION OF THE
MARYLAND GENERAL ASSEMBLY
Volume 16, Number 6����������������������������������������������������������������������������������������������� March 12, 2009
Here are some
of the hot issues as the 2009 Legislative Session develops:
ANESTHESIOLOGIST ASSISTANTS BILLS
COLLEGE TEXTBOOK AFFORDABILITY
LEGISLATION
COMMISSION TO DEVELOP THE MARYLAND MODEL FOR HIGHER
EDUCATION FUNDING (BOHANAN COMMISSION)
HOME HEALTH CERTIFICATE OF NEED
MARYLAND UNIFORM PRUDENT MANAGEMENT OF FUNDS ACT
POLYSOMNOGRAPHIC TECHNOLOGISTS
SUBSTANCE ABUSE TREATMENT SERVICES
BILLS INTRODUCED
STAFF CONTACT INFORMATION
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In budget
committee updates, analysts have indicated that forthcoming projections from
the Board of Revenue estimates are expected to reflect more severe current-year
revenue shortages than the previously anticipated $600-800 million
shortfalls. The current budget difficulties combined with these
additional write-downs are likely to more than absorb the federal stimulus
money that is coming to Maryland. The Governor and the General Assembly
are considering these additional write-downs as they work through the budgetary
process.
Anesthesiologist
Assistants Bills
Legislation
that will license Anesthesiologist Assistants in Maryland to help address the
severe shortage of anesthesia professionals in the State was heard in the
Senate this week. The House version of the bill will have a hearing next
week. The bills are expected to generate a lengthy debate.
Last week
Sen. McFadden withdrew SJ 5, the Joint Resolution urging to the United States
Congress to enact the Employee Free Choice Act. That federal Act would
eliminate the private election phase of union recognition campaigns and replace
it with the “card check system.” Concerns have been raised
that a card check system would create a coercive atmosphere pressuring workers
to join or form labor
organizations.
College Textbook Affordability Legislation
A
number of pieces of legislation have been introduced to address the rising cost
of college textbooks. In conjunction with the USM, MICUA, and MHEC, we
have been working to educate legislators on the provisions which were included
in the federal Higher Education Opportunity Act (HEOA) and their affect on
Maryland institutions. Senate legislation which would be very onerous has
passed through the Senate and is being sent to the House. We are
concentrating our efforts to amend the legislation to ensure it will not
negatively affect Johns Hopkins.
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Commission
to Develop the Maryland Model for Higher Education Funding (Bohanan Commission)
This past
week, legislation which would implement the recommendations of the Bohanan
Commission was heard in both the Senate and the House. All segments of
higher education were represented on the Commission and are in support of the
recommendations, which restructure the funding model for public higher
education, and reaffirm support for both the Sellinger formula for independent
institutions and the Cade formula for community colleges. Johns Hopkins
President Bill Brody was a member of the Commission where Provost Kristina
Johnson served as his designee.
The
Maryland False Health Claims Act, which was defeated last session on the Senate
floor, has returned this session as an Administration bill. It would
allow the state to bring civil suit for fraudulent claims and allow private
parties with knowledge of fraudulent claims to bring qui tam actions on behalf
of the state. The bill heavily incentivizes whistle-blowing, imposes
treble damages, and could require the implementation of duplicative procedures
to ensure compliance with the law. If false health claims does not pass,
the $22 million projected to be realized as a result of funds recovered from
health care fraud, will adversely impact DHMH’s FY 2010 budget.
Last year, strong opposition from Johns Hopkins, MHA and MedChi was
instrumental in defeating the bill. This year, the support and
introduction by the Governor will make it more difficult to defeat. We will
continue to work with MHA and MedChi in opposition to the bill again this year.
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A number of
bills have been introduced this session dealing with genetic information
rights, many of them prohibiting the use of genetic profiling by insurance
companies. However, two bills which define an individual’s
genetic information as their personal property would result in a requirement
for informed consent for use. With advice from Johns Hopkins’ legal
department, amendments were drafted to exclude research activities from the
purview of this bill. These amendments were accepted by the Senate
sponsor. Since that time, Chairman Pete Hammen has asked that the genetic
privacy bills be withdrawn from the House and be considered in summer
study. We will be involved in the summer study process to ensure our
concerns are addressed.
Home
Health Certificate of Need
Last week the
House bill to repeal the certificate of need for Home Health Agencies was
withdrawn by its sponsor. The Senate bill was withdrawn previously.
Maryland
Uniform Prudent Management of Funds Act
This
emergency legislation (which would go into effect the day it is signed by the
Governor) modernizes the current Maryland Uniform Management of Funds Act and has
passed the Senate with some limited, non-damaging amendments. The House
Judiciary Committee has yet to act on the bill. We will continue to work
toward conforming the House and Senate versions of the legislation and pass
both bills.
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). The panel also 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. The same panel testified on the Senate
crossfile as well, followed by Med Chi representatives who also strongly
opposed the bill.
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Polysomnographic
Technologists
Last week, a
bill that would extend the deadline for licensure of polysomnographic
technologists from 2009 to 2012 was passed favorably by the Senate Education,
Health, and Environmental Affairs Committee with an amendment. The
amendment shortened the deadline extension to 2011. The House Health and
Government Operations Committee heard the companion bill last week. Johns
Hopkins provided testimony in support of the bill with the caveat that the
Board of Physicians work with Johns Hopkins during the legislative interim to
ensure that concerns with the current statute’s potentially negative
affect on sleep research be addressed. We are working to ensure that the
House version of the bill which extends the deadline to 2012 will pass without
amendment.
Substance Abuse Treatment Services
Legislation,
introduced by Chairman Pete Hammen and heard in his committee last week, will
potentially have great impact on substance abuse treatment services. One
bill would move $6.7M from the Alcohol and Drug Abuse Administration to the
Primary Care Program (PAC) in order to provide substance abuse services to
those participants. The funds would then be eligible for a 50/50 match
from the federal government; a portion of the increase in funding is slated to
increase provider reimbursement for substance abuse treatment.
Another
bill would carve substance abuse treatment services out of the Medicaid Managed
Care Organizations (MCO) program and move management of these services to the
existing mental health Administrative Services Organization. A
workgroup to consist of all interested stakeholders would be created to examine
and make recommendations regarding redesign of the state’s delivery of
substance abuse treatment services. Johns Hopkins Government
Affairs, along with Dr. Eric Strain, met with the Chairman to express concerns
with the proposed carve out, but strong interest in participating in the
workgroup. Dr. Strain also came to Annapolis to testify to that affect at
the hearing. Chairman Hammen has indicated that he does not intend to
pass the bill this session, but will go forward with the workgroup with a goal
of coming back next session with a definite plan to improve the coordination of
substance abuse treatment services.
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BILLS INTRODUCED
Employment/Labor/Worker’s
Compensation
Health,
General/Public/Environmental
BILLS
INTRODUCED
Employment/Labor/Worker's
Compensation
HB0819 �Workplace Fraud Act of 2009
HB 819 (an administration bill requested by the
Governor) will impose penalties on employers for knowingly misclassifying an
employee as an independent contractor for the purpose of avoiding payroll
taxes.� The bill only applies to the
construction, landscaping, and package delivery industries and does not apply
to sole proprietors who meet certain criteria or owner operators.� Employers must give written notice to workers
when they are being paid as an independent contractor or sole proprietor.� A civil penalty of up to $5,000 may be
assessed for each misclassified employee; other penalties also apply.� The Commissioner of Labor and Industry is
authorized to investigate a violation upon their own initiative, receipt of a
complaint, or referral from another unit of state government.
Effective Date:� October 1, 2009
For more information, please contact:�
Delora Sanchez
HB0902 �Maryland Family and Medical Leave Act
HB 902 requires Maryland employers that are
subject to the federal Family and Medical Leave Act (FMLA) to provide
comparable leave and rights for employees to provide care for immediate family
members to include brother, sister, grandparent, grandchild, domestic partner
and son or daughter of the employee's domestic partner.
Effective Date:� October 1, 2009
For more information, please contact:�
Delora Sanchez
HB1070 �Labor and Employment - Misclassification of Employees
as Independent Contractors
HB 1070 prohibits employers from misclassifying
employees as independent contractors for the purposes of avoiding obligations
to an employee or the state for unemployment insurance, workers compensation,
income tax payments, or employee rights.�
A civil penalty of up to $3,000 may be assessed for each misclassified
employee; other penalties also apply.�
The Commissioner of Labor and Industry is to investigate alleged
employee misclassification on receipt of a complaint or on referral from
another unit of State government.� The
state bears the burden of proving a violation.
Effective Date:� October 1, 2009
For more information, please contact:�
Delora Sanchez
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HB1111 �Task Force on Summer Learning
HB 1111 establishs a Task Force on Summer
Learning that will conduct a study of summer learning programs, analyze data,
analyze existing state and federal funding, evaluate and make policy
recommendations regarding summer learning, improve integration of and access to
programs, and promote state and local coordination of programs.� The Task Force will be staffed by the
National Center for Summer Learning at Johns Hopkins University.� The Task Force will consist of: one member
from the Senate; two members from the House of Delegates; the State
Superintendent of Schools or designee; one member from each of the Executive
Branch, the Governor’s Office for Children, a Maryland school district,
the Maryland State Teachers Association, the Department of Juvenile Services,
the Department of Labor, Licensing and Regulation, the Maryland Parent-Teacher
Association, the Maryland Out-of-School Time Network, and a student
representative of the Maryland Association of Student Councils.
Effective Date:� July 1, 2009
For more information, please contact:�
Delora Sanchez
HB1223 �Education - Public High Schools and Public High School
Students - Revisions and Requirements
HB 1223 requires the State Department of
Education to develop a data collection system for students who graduate from
high school in 3-5 years and report on the reasons students opt to take the GED
rather than complete high school in 3-5 years.�
County boards of education are required to partner with community
colleges in order to offer a 50% discount on tuition to students who take college
courses while still in high school.� Each
public high school in the state is required to prepare a high school assessment
status report during a student’s sophomore and junior years and document
the interventions offered and employed to ensure that the student is ready to
take high school assessment tests.
Effective Date:� October 1, 2009
For more information, please contact:�
Delora Sanchez
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HB1150 �Health Occupations - Anatomic Pathology Services -
Billing
HB 1150 requires a clinical laboratory, a
physician, or a group practice that provides anatomic pathology services on a
PAP test specimen for a patient in the State to present a bill for services to
a referring physician who orders but does not supervise or perform an anatomic
pathology service a pap test
specimen.
Effective Date:� October 1, 2009
For more information, please contact:�
Delora Sanchez
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Health Care
Facilities - Certificates of Need - Hospitals
This bill would require the MHCC (Maryland
Health Care Commission) to review an additional letter of intent (which may be
filed with the Commission prior to their review and decision) regarding a
previously filed Certificate of Need application.
Effective Date:� Emergency Measure
For more information, please contact:�
Mat Palmer
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HB0909 �Task Force to Study the Regulation of Surgical First
Assistants
HB 909 establishs a task force to study the
regulation of surgical first assistants and make recommendations regarding the
creation of a licensing process for surgical first assistants in Maryland.� The task force will consist of: one member
from the Maryland Senate; one member from the House of Delegates; the Secretary
of DHMH or designee; a representative from the State Board of Physicians,
Maryland State Medical Society, Maryland Hospital Association, National
Surgical Assistant Association, and Maryland Ambulatory Surgical Association;
and three consumer members.
Effective Date:� July 1, 2009
For more information, please contact:�
Delora Sanchez
HB0982 �Health Occupations - Licensure of Physician Assistants
HB 982 makes several changes to the existing
Physician Assistant statute by requiring an individual to be licensed rather
than certified by the State Board of Physicians before they may practice as a
physician assistant (PA).� It prohibits
PAs from practicing within the scope of radiography, nuclear medicine
technology, radiation therapy or radiology assistance.� It changes the requirements and procedures
for delegation agreements, establishes penalties for failure to obtain
continuing medical education credits, requires employers of PAs to report
certain conduct to the Board of Physicians, and makes additional requirements
of individuals pursuing licensure.
Effective Date:� October 1, 2009
For more information, please contact:�
Delora Sanchez
HB1110 �State Board of Physicians - Discipline - Failure to
Comply with Governor's Order
HB 1110 authorizes the state board of physicians
to reprimand a licensee, place a licensee on probation, or suspend or revoke a
license if a physician licensee fails to comply with an order of the Governor
to participate in disease surveillance, treatment, and suppression efforts
related to a catastrophic health emergency.
Effective Date:� October 1, 2009
For more information, please contact:�
Delora Sanchez
HB1161 �Maryland Anesthesiologist Assistants Act
HB 1161 introduces a new mid-level anesthesia
care provider in Maryland and requires the State Board of Physicians to adopt
regulations for the licensure of anesthesiologist assistants and the practice
of anesthesia care by anesthesiologist assistants.� Bill provides for the scope of practice and
delegation agreement requirements for anesthesiologist assistants and creates
the Anesthesiologist Assistants Advisory Committee within the Board.
Effective Date:� October 1, 2009
For more information, please contact:�
Delora Sanchez
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Health,
General/Public/Environmental
HB0709 �Children's Environmental Health Protection Act
HB 709 establishs health and safety program
standards for each county board, including plans for: hazardous substance
removal; fire and life safety code repairs; regulated facility and equipment
violations, health, safety, and environmental management; integrated pest
management; and mold and moisture containment.
Effective Date:� October 1, 2009
For more information, please contact:�
Helen Bellete
HB0739 �Maryland Medical Assistance Program - Substance Abuse
Services
HB 739 will transfer $6.7 million from the
Alcohol and Drug Abuse Administration to the Medical Care Programs
Administration to expand coverage of substance abuse treatment services by the
Primary Adult Care Program and enhance rates for Medicaid substance abuse
services enabling the state to receive matching federal funds.� Providers will bill Medicaid for payment and
Medicaid rates will increase.
Effective Date:� June 1, 2009
For more information, please contact:�
Delora Sanchez
HB0793 �Task Force on Classroom Indoor Air Quality Standards
HB 793 establishs a task force to study the
quality of indoor air in classrooms, including portable classrooms, throughout
Maryland.� The task force is to identify
potentially unhealthy conditions resulting from design, construction, improper
ventilation systems, and environmental contamination or degradation.
Effective Date:� June 1, 2009
For more information, please contact:�
Helen Bellete
HB0966 �Vehicle Laws - Prohibition Against Smoking in Vehicle
Containing Young Child
HB 966 prohibits a driver or passengers in a
vehicle with a child of less than 8 years old from smoking in the vehicle.� A violation of this section is not considered
a moving violation.� However, anyone
found in violation will be subject to a fine of not more than $50.
Effective Date:� October 1, 2009
For more information, please contact:�
Helen Bellete
HB1263 �Mercury Switch Removal from Vehicles
HB 1263 sets rules for the removal of mercury
switches from end-of-life vehicles.�
Mercury is a hazardous chemical which persists in the environment and
can be toxic when leached into water sources or soil.� The bill requires that vehicle manufacturers
submit a mercury minimization plan to the Maryland Department of Environment in
order to increase the mercury switch removal rate from such vehicles to greater
than 90%.� Financial and criminal
penalties are set for companies or persons who are found to be in violation of
the full terms of this bill.
Effective Date:� Various
For more information, please contact:�
Helen Bellete
HB1339 �Task Force to Study Issues Relating to Medical
Marijuana in Maryland
HB 1339 creates a Task Force to study issues
related to the use of medical marijuana in Maryland.� The task force will: study and recommend
whether purchase of marijuana that is prescribed by a healthcare provider for
medicinal uses should be made the law in MD, evaluate whether laws to mitigate
criminal prosecution for use of medical marijuana are enforced equitably in the
State, and study the experience of other states that have passed laws enabling
the legal use of medical marijuanna.
Effective Date:� July 1, 2009
For more information, please contact:�
Helen Bellete
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Higher
Education/Financial Aid
HB1435 �Higher Education - Enforcement Powers of Maryland
Higher Education Commission and Secretary of Higher Education
HB 1435 provides that if a postsecondary
institution is operating without its required certificate of approval from
MHEC, the Secretary has the authority to issue a cease and desist order, a
violation order, and a fine of up to $5000 to the institution.� The Secretary may also seek an injunction
through the Attorney General's office.
Effective Date:� October 1, 2009
For more information, please contact:�
Mat Palmer
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HB0815 �Medical Malpractice Liability Insurance - Garrett
County Memorial Hospital - Subsidy for Practitioners Who Perform Obstetrical
Services - Extension
HB 815 requires that, beginning in fiscal 2010,
a disbursement be made from the
Medical Assistance Program Account (MAPA) of the Maryland Health Care
Provider Rate Stabilization Fund to provide subsidies for medical professional
liability insurance policies issued to family practitioners who have staff
privileges and provide obstetrical services at Garrett County Memorial
Hospital.
Effective Date:� July 1, 2009
For more information, please contact:�
Delora Sanchez
HB1156 �Baltimore City Lead Poisoning Recovery Act of 2009
HB 1156 allows individuals injured by lead paint
in Baltimore City residential properties to sue manufacturers, under any theory
of liability, for personal injury or property damage caused by lead-based
paint.� The bill changes the standard of
liability in negligence actions by eliminating the requirement of a plaintiff
to prove that an individual manufacturer’s lead pigment caused damage and
would instead impose liability on all manufacturers of the product in
proportion to their shares in the market for the product.� All funds received from the State resulting
from a judgment or settlement with a lead paint manufacturer will be credited
to the Lead Paint Restitution Fund.
Effective Date:� October 1, 2009
For more information, please contact:�
Delora Sanchez
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HB1146 �Reorganization of State Government - Department of
Emergency Services
HB 1146 reorganizes State government by
repealing the Maryland Institute for Emergency Medical Services and
establishing a Department of Emergency Services as a principal unit of the
Executive Branch. �The Department of
Emergency Services is responsible for the coordination of all emergency
services in the State and includes: the Maryland Emergency Management Agency;
the Charles McC. Mathias, Jr. National Study Center; R Adams Cowley Shock
Trauma Center; a licensing program for ambulance services; the State Board of
Paramedics; the Automated External Defibrillator Program; and the Maryland Fire
and Rescue Institute.
Effective Date:� October 1, 2009
For more information, please contact:�
Delora Sanchez
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HB0725 �Group Model Health Maintenance Organizations - Drug
Therapy Management
HB 725 requires licensed physicians and
pharmacists that provide drug therapy management to patients in a group model
HMO to have physician-pharmacists agreements approved by the State Board of
Pharmacy and State Board of Physicians.�
Drug therapy management must be provided in accordance with the
agreement and through the internal pharmacy operations of the group model
HMO.� The physician-pharmacist agreement
shall prohibit the substitution of a chemically dissimilar drug product by the
pharmacist unless specified in the agreement. A therapy management contract is
not required for the management of patients in an institutional facility or in
a group model HMO.
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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�� 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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Hotline
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Office of Government, Community and Public Affairs.