Legislative Hotline
2009 SESSION OF THE
MARYLAND GENERAL ASSEMBLY
Volume 16, Number 7����������������������������������������������������������������������������������������������� March 19, 2009
Here are some of the hot
issues as the 2009 Legislative Session develops:
BILLS
INTRODUCED
STAFF
CONTACT INFORMATION
�
The State
Board of Revenue Estimates released its latest revenue estimate on March 11th.
The state’s revenue estimates have been written down an additional $446
million for the current fiscal year (09) and an additional $716 million for FY
2010. These estimates mean the total write down since last year at this
time is about $3.16 billion for the FY 2009 and FY 2010 budgets combined (the
state general fund budget is about $15 billion/year).
This
additional write down has resulted in the Governor delaying the planned
introduction of a supplemental budget which incorporates federal stimulus
funds. The House Appropriations Committee has also delayed the start of
its budget deliberations which were to start Wednesday. State fiscal
leaders, both executive and legislative branch, will be reviewing their planned
budget actions to deal with the larger-than-expected write down.
There are
some restrictions on the use of large portions of the federal stimulus
funds. Those restricted funds (primarily in K- 12 education) cannot be
shifted to fill other new budget gaps, but other portions of the federal
stimulus may be reprogrammed to deal with the newly realized larger budget
gaps.
On March 12th,
Dr. George Dover represented Johns Hopkins Medicine leadership at the Senate
Budget and Taxation Capital Subcommittee hearing on JHM’s request for
continued capital support for the Pediatric Trauma Center (PTC) and the
Cardiovascular and Critical Care Tower (CCCT). The Subcommittee received
a construction and cost update on these two projects, and will now consider the
Governor’s proposed FY 2010 appropriation of $10 million for the PTC and
$7 million for the CCCT. The $17 million is part of the state’s
$100 million commitment to these projects over a six year period.
Although capital budget decisions will not be finalized for several weeks, the
Senators were very supportive at the hearing. Senator McFadden remarked
on the magnificence of the Towers and complimented Johns Hopkins for
constructing such an architecturally beautiful building in East Baltimore.
The
Department of Health and Mental Hygiene’s False Health Claims legislation
was given a favorable recommendation by the Senate Judicial Proceedings
Committee on March 13th by a 7 to 4 vote. The bill is now up
for consideration by the full Senate, where the vote is expected to be very
close. We are continuing to work with a number of stakeholders, including
MHA and PHARMA, who are opposed to this legislation to secure the votes needed
to defeat the bill. This bill was defeated on the Senate floor last year,
though at that time it was not an administration bill (as it is this year).
Employment/Labor/Worker's
Compensation
Health Insurance/Health Care Acess
Health, General/Public/Environmental
BILLS
INTRODUCED
Employment/Labor/Worker's
Compensation
HB0899 �Workers' Compensation - Death Benefits for Partially
Dependent Individuals - Payment
HB 899 requires an employer or insurer to
continue workers compensation payments to partially dependent or partially
self-supporting individuals for as long as the individuals are considered
partially dependent or self-supporting.�
The bill also decreases the cap or maximum amount of death benefit
payments that can be paid to a partially dependant individual from $60,000 to
$40,000.� Payments are required to
continue until the $45,000 cap is reached for a partially dependent individual
that becomes wholly self-supporting.
Effective Date:� October 1, 2009
For more information, please contact:�
Delora Sanchez
HB1249 �Maryland Wage and Hour Law - Payment of Overtime -
Exemptions
HB 1249 requires certain Maryland employers to
pay employees overtime for hours worked in excess of 8 hours per day.� The bill will change current law that only
requires that overtime be paid for hours worked in excess of 40 hours in a work
week.
Effective Date:� October 1, 2009
For more information, please contact:�
Delora Sanchez
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HB1549 �Education Funding - Thornton Formula - Evaluation
HB 1549 requires the State Department of
Education to examine and evaluate the Thornton formula and submit a preliminary
report to the Governor and the General Assembly on or before July 1, 2009 and a
final report by October 1, 2009.
Effective Date:� June 1, 2009
For more information, please contact:�
Delora Sanchez
SB1032 �Funding Formula to Expand K-12 Online Education
SB 1032 creates the Maryland Virtual Learning
Opportunities Program requiring the State Board of Education to set fees for on
line services and payment public school students and individuals not in public
school that are enrolled in the program.�
County boards of education are to reimburse the program for certain
costs associated with students from its district that are enrolled in the
program.� The Governor is required to
include $1,500,000 in the 2011 state budget for the program from Maryland's
allocation of the Federal American Recovery and Reinvestment Act of 2009.
Effective Date:� July 1, 2009
For more information, please contact:�
Delora Sanchez
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HB1232 �State Board of Physicians - Subpoenas - Medical
Records for Mental Health Services
HB 1232 authorizes the Maryland Board of
Physicians to issue a subpoena for a patient’s medical records for mental
health services as the result of a complaint received by the Board from a
person other than the patient.�
Physicians are required to disclose a patient’s medical records
for mental health services to the Board in accordance with a subpoena.� The Board is required to notify patients of
the right to oppose the sharing of their medical records and information.
Effective Date:� October 1, 2009
For more information, please contact:�
Delora Sanchez
HB1476 �Health Program Integrity and Recovery Act of 2009
HB 1476 authorizes the Inspector General to
provide training and assistance to providers regarding program integrity and
corporate compliance, and require a surety bond from providers to assure that
funds are available to satisfy any amounts due to the Department.� Providers are prohibited from providing fraudulent
claims, false records or statements; conspiring to defraud the Department; or
failing to cooperate with an investigation.�
A provider that does engage in prohibited acts is subject to
administrative sanctions and penalties.
Effective Date:� October 1, 2009
For more information, please contact:�
Delora Sanchez
�Physicians - Professional Liability Insurance Coverage
- Notification and Posting Requirements
SB 882 requires licensed physicians in the state
to notify patients in writing, and on each visit, if the physician does not
carry professional liability insurance coverage or if the physician’s
coverage has lapsed for any period of time and has not been renewed.� The bill requires the notification to be
signed by the patient at the time of his or her visit, and kept in the
patient’s records.� The Board of
Physicians is required to create regulations for notification
requirements.� Physicians that do not
carry medical insurance must conspicuously post that information where they
practice.
Effective Date:� October 1, 2009
For more information, please contact:�
Delora Sanchez
SB1041 �Maryland Health Care Commission - State Police -
Helicopter Emergency Medical Services
SB 1041 requires the Maryland Health Care
Commission and the Maryland Institute of Emergency Medical Systems Services to
conduct a study, examination, and comparison of helicopter emergency medical
services.� Until the report is completed,
the Department of State Police is prohibited from purchasing new helicopters.
Effective Date:� October 1, 2009
For more information, please contact:�
Delora Sanchez
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SB1039 �Prince George's County Hospital Authority
SB 1039 expands the mission of the Prince
George's County Hospital Authority (authority) to include extending the bidding
process.� The State and Prince
George’s County must be relieved of some or all of their long-term
funding obligations to support the system: (1) only to the extent that any fund
balance remains after the transfer of all of the system’s components to a
new owner(s); or (2) after the authority has expired without agreement on the
transfer of all of the system’s components to a new owner(s).
MHCC may issue a CON exemption and waive the requirements of the State
Health Plan to facilitate a recommendation by the authority to relocate beds or
services of all or part of a facility in the system.
The authority must assess any bid or combination of bids to determine: (1)
whether any bid or combination of bids satisfy the authority’s mandate to
transfer the system in its entirety to a new owner(s); and (2) whether one or
more bidders would be capable of meeting specified requirements and has
submitted a bid that meets those requirements.�
If the authority should determine that any bid or combination of bids
satisfy specified requirements, then after consultation with stakeholders the
authority must proceed toward a final agreement on the transfer of the system
and notify stakeholders.� The authority
must complete these obligations prior to the expiration of the authority.
To facilitate the transfer of the system, multiple agencies will designate
individuals to serve as advisors to the authority.� Advisors must, to the extent specifically
requested by the authority, assist with: (1) the evaluation of any proposals;
and (2) discussions and negotiations with any bidders.� Designated advisors are subject to
confidentiality agreements.� Agencies
designating the advisors may adopt appropriate internal policies or
restrictions to assure the integrity of any subsequent regulatory proceedings.
The bill also expresses legislative intent that the authority continue its
bid review process and proceed toward a final agreement on the transfer of the
system.
Any agreements in effect on January 1, 2009 relating to the transfer of
the system, including financial commitments on the part of the State and
County, must remain in effect.
Effective Date:� October 1, 2009
For more information, please contact:�
Sheila Higdon
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HB1275 �Health Occupations Boards - Revisions
HB 1275 sets standardized guidelines for all
health occupations boards regarding the disciplinary process and sanctioning;
board vacancies, membership, and training; the appointment of an executive
director; information that must be posted on a board’s website; data
collection; the role of the assistant Attorneys General in the disciplinary
process; and the authority of the boards to create their own positions.� The bill also requires the Department of
Health and Mental Hygiene (DHMH) to monitor and report on board compliance with
the bill’s timelines for complaint resolution by each board and to
annually report on the staff positions created by each board.
Effective Date:� October 1, 2009
For more information, please contact:�
Delora Sanchez
HB1319 �Family Medicine Rural Health Commission
HB 1319 creates the Family Medicine Rural Health
Commission, which will:
1) evaulate the current state of medical education in the State
2) analyze existing data regarding current and future physician supply
shortages and the relationship of these shortages to the current medical
education system in Maryland
3) evaulate the capacity necessary to offset physician shortages over time
and identify the resources necessary to achieve that capacity
4) determine costs associated with creating additional capacity and
identify potential funding
5) formulate a specific mandate to the Maryland Higher Education
Commission to establish a program to eliminate physician shortages
6) recommend education initiatives to produce rural family physicians
7) study other successful programs
8) design a collaborative medical education program to establish a
pipeline
9) identify opportunities for collaborative agreements between rural
hospitals affiliated with the University of Maryland Medical School and other
rural hopsitals and long term care facilities not affiliated with the system
but with capacity to provide internship and residency support
10) design collaborative education programs for rural medical scholars who
wish to pursue other medical professions
11) design mentorship programs for secondary school students for preparation
to enter medical school or other medical professions
The Commission members include:
- one Senator, appointed by the President of the Senate
- one Delegate, appointed by the Speaker of the House
- the Secretary of Higher Education, or designee
- the State Superintendent of Schools, or designee
- the Chief Executive Officer of the University of Maryland Medical System
and one representative from each of the following organizations, appointed
by the Governor:
- Regional Healthcare Committee of the the Tri-County Council
- Maryland Area Health Education Centers
- Maryland State Office of Rural Health
- Maryland Association of County Health Officers
- Maryland Rural Health Association
- licensed physician who practices medicine in a rural part of the state
- rural hospital in the state
Effective Date:� October 1, 2009
For more information, please contact:�
Sheila Higdon
SB1052 �Health Occupations Boards - Exemption from Hiring
Freeze
SB 1052 allows a health occupational board to
fill a vacant contractual or permanent staff position that is funded through
the board during a hiring freeze if the board determines that filling the
position is necessary to comply with a statutory or regulatory requirement.
Effective Date:� July 1, 2009
For more information, please contact:�
Delora Sanchez
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Health Insurance/Health
Care Access
HB1472 �Health Insurance - Senior Prescription Drug Assistance
Program - Funding
HB 1472 clarifies existing law to ensure that
the transfer of funds that a nonprofit health service plan is required to make
to the Senior Prescription Drug Assistance Program is in addition to the
subsidy a nonprofit health service plan is required to provide to the program.
Effective Date:� July 1, 2009
For more information, please contact:�
Delora Sanchez
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Health,
General/Public/Environmental
HB1273 �Criminal Law - Limited Immunity - Seeking Medical
Assistance for Alcohol or Drug-Related Overdose
HB 1273 provides limited liability to a person
that seeks medical help for a person experiencing an alcohol or drug related
overdose.�� The person experiencing the
drug overdose and the person seeking medical help for him or her may not be
prosecuted for possession of drugs if the evidence for criminal prosecution was
obtained solely as a result of seeking medical assistance.� Nor may either person be detained on an
outstanding warrant.�� The person seeking
medical help is not required to provide any personal identifying
information.� The bill does not apply to
a person that has supplied alcohol or drugs that has caused the overdose.
Effective Date:� October 1, 2009
For more information, please contact:�
Delora Sanchez
HB1468 �Public Health Surveillance - Confidentiality
HB 1468 strengthens the level of confidentiality
associated with public health surveillance of reportable communicable diseases
as required by the Secretary of Health.�
The notable change is that "reportable data is not discoverable or
admissible as evidence in any civil or criminal matter except in accordance
with a court order sealing the court record."� However, de-identified, aggregate information
can be used in reports to be distributed to the public.
Effective Date:� October 1, 2009
For more information, please contact:�
Helen Bellete
HB1477 �Health - Pharmaceutical Manufacturer Advertising and
Gifts to Health Care Providers - Reports
HB 1477 requires pharmaceutical manufactures to
report to the Secretary of Health and Mental Hygiene on the costs of marketing
and advertising prescription drugs in the state.� Disclosure must include information on all
costs associated with marketing, advertising, and direct promotion; educational
programs, seminars, entertainment, trips, remuneration for promoting or
participating in informational sessions, and promotional gifts in excess of
$25.� Exemptions from disclosure include:� (1) payment of reasonable compensation and
reimbursement of expenses in connection with bona fide clinical trials; (2)
gift fee, payment, subsidy, or other economic benefit with a cash value of less
than $25; (3) scholarships or other support for medical students, residents,
and fellows to attend a significant education, scientific, or policy-making
conference of a national, regional, or specialty medical or other professional
association if the recipient of the scholarship or other support is selected by
the association.
The Secretary of Health will be required to report annually to the
Governor and General Assembly on the disclosures.
Effective Date:� October 1, 2009
For more information, please contact:�
Sheila Higdon
SB1048 �State Government - Sickle Cell Anemia Awareness Month
SB 1048 requires the Governor to annually
proclaim the month of September as Sickle Cell Anemia Awareness Month.
Effective Date:� July 1, 2009
For more information, please contact:�
Sheila Higdon
SB1054 �State Advisory Council on Quality Care at the End of
Life - Membership
SB 1054 adds a representative of the nursing
home industry to the membership of the State Advisory Council on Quality Care
at the End of Life.
Effective Date:� October 1, 2009
For more information, please contact:�
Sheila Higdon
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HB1261 �Criminal Law - Salvinorin A and Salvia Divinorum -
Controlled Dangerous Substances
HB 1261 establishes that a material, compound,
mixture, or preparation that contains Salvinorin A or Salvia divinorum is a
Schedule I controlled dangerous substance. Exceptions are made for a drug
product approved by the U.S. Food and Drug Administration (FDA) which contains
either substance, or its elements, as specified.� The bill limits maximum criminal penalties
for a violation to one year of imprisonment and/or a $1,000 fine and subjects a
person manufacturing, distributing, dispensing, or possessing 50 pounds or more
of these substances to criminal penalties as a volume dealer.� The bill also establishes provisions for
researchers to register a schedule I drug with DHMH that is not registered on
the federal level.
Effective Date:� June 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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