Legislative Hotline

2010 SESSION OF THE
MARYLAND GENERAL ASSEMBLY






Volume 16, Number 2





February 3, 2010

Here are some of the hot issues as the 2010 Legislative Session develops:

Dr. Greider Visit to Annapolis
False Health Claims
MHEC Budget
Capital Briefing
Department of Health and Mental Hygeine (DHMH) FY 2011 Budget Overview
State Reserve Fund Briefings
Dr. LaVeist Briefs Health Committee


BILLS INTRODUCED
STAFF CONTACT INFORMATION



Dr. Greider Visit to Annapolis

On Thursday, January 28, Dr. Carol Greider, and her two children spent the day in Annapolis being honored for her receipt of the 2009 Nobel Prize in Physiology or Medicine. Dr. Greider met and received a proclamation from the Governor and was then honored with Resolutions from both the Maryland House of Delegates and the Maryland Senate. Later a reception was held in her honor where she met with various dignitaries including Senators, Delegates, and the Secretary of the Department of Health and Mental Hygiene.


False Health Claims

This week the Administration introduced the Maryland False Health Claims Act of 2010. The bill includes some minor revisions for clarity and adds a few new additions that will prohibit state employees from filing qui tam cases against the state and expand relator retaliation protections to contractors and grantees. All of the provisions that we opposed last session are present in the 2010 bill. Again this year there is a budget item of $20 million ($9 million general funds and $11 million federal funds) contingent on the passage of the False Health Claims Act. As requested by the Secretary, we and members of the small provider stakeholder workgroup have complied and submitted conceptual changes for amendments to the bill that will be discussed in ongoing meetings with the Governor�s office, Members of the General Assembly, and DHMH.


MHEC Budget

Today, the Budget and Taxation committee heard the analysis from the Department of Legislative Services (DLS) on the proposed budget for the Maryland Higher Education Commission (MHEC), which includes the Sellinger Aid program. DLS recommended that the legislature accept the Governor's appropriation of $30 million for FY 2011, and they also recommended that the legislature freeze the statutory funding level at the 7.9% for future years, instead of the historic level of 15.5%. This recommendation would cost MICUA institutions approximately $2.6 million in FY 2013, growing to nearly $39.9 million in FY 2017. We will be working foremost on not allowing this statutory change to take place, and also attempting to secure increased funding for the Sellinger Aid Program.


Capital Briefing

DLS reported that the Governor�s proposed FY 2011 capital program totals $1.61 billion, down from the $1.94 billion FY 2010 budget. The drop is primarily due to the elimination of the one-time federal funds through the American Recovery and Reinvestment Act. In order to relieve pressure on the operating budget, the capital budget proposal includes fund transfers and a multi-year bond replacement plan totaling $441 million. The state�s fiscal situation, and particularly concern over debt limits nearly being breached, has resulted in a revision of the FY 2011 capital improvement plan that moved nearly $400 million to the out-years. One positive note for the state in the DLS report was the fact that the state has benefitted from a slight decline in construction costs, which have resulted in construction bids below the anticipated level. As noted, the state is still below its debt limit guidelines, which are intended to ensure a continuation of the state's AAA bond rating.


Department of Health and Mental Hygeine (DHMH) FY 2011 Budget Overview

Earlier this week, the Department of Legislative Services (DLS) provided their overview of the FY 2011 budget for DHMH as submitted by the Governor. DLS highlighted reductions to a number of programs, including the following which affect Johns Hopkins:
� $168 million in reductions to Medicaid Payments to Hospitals � this includes the $45 million in reductions which were made in FY 2010 as well as new reductions of $123 million for FY 2011, which are not tied to specific cost savings measures, however will be shared by both the hospitals and the payors
� $20.5 million reduction in costs to MCO�s for pharmacy expenditures � this is tied to additional savings that DHMH is anticipating from new federal guidelines on pharmacy reimbursement
� $20 million contingent upon the passage of the False Health Claims Legislation � DHMH anticipates new awards totaling this amount from the legislation
� $8.15 million reduction to the Cigarette Restitution Fund for FY 2011 and FY 2012 (includes previously reported cuts to CRF) � this will level fund the program at FY 2010 levels.


State Reserve Fund Briefings

Department of Legislative Services (DLS) reported this afternoon on the state reserve fund. Among the components of the reserve fund are the Revenue Stabilization Account (�Rainy Day� fund) and a Dedicated Purpose Account (DPA). In the Governor�s proposed budget, the Rainy Day fund is projected to end FY 2011 with a $634 million fund balance that equates to the required 5% of estimated general fund revenues. The DPA contains $15 million for the Prince George�s County Hospital (not the System), contingent upon a matching amount from Prince George�s County, consistent with the state�s long-term financial commitment under an MOU with Prince George�s County in 2008. Because Prince George�s County has indicated it will only be able to partially fulfill its FY 2010 operating support ($9 million, instead of the required $12 million for this fiscal year), DLS has recommended that the General Assembly add budget language holding the $15 million in the DPA until the county has provided its share. The Administration agrees in principle, but believes that the MOU already requires both parties to fulfill their commitments by the end of the fiscal year, and has proposed alternative language that would require existing commitments to be upheld and would not impose conditions beyond those in the MOU. The budget committees will consider each option in their deliberations in the coming weeks.


Dr. LaVeist Briefs Health Committee

This week the House Health and Government Operations Committee heard a report on Dr. Thomas LaVeist�s study, �The Economic Burden of Health Inequality in the United States.� LaVeist, who is the William C. & Nancy F. Richardson Professor of Health Policy at the Bloomberg School of Public Health, and his co-author, Darrell J. Gaskin, Ph.D., provided an overview of their study findings and discussed potential strategies to reduce health disparities. Among their recommended solutions was expanding healthcare coverage and improving access to care through a medical home model. Committee members expressed appreciation for the study and quantification of the impact of health disparities. In light of the current fiscal constraints on the state budget, they asked Drs. LaVeist and Gaskin for their recommendations on an incremental strategy to address health inequality.


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Employment/Labor/Worker's Compensation
General Education
Health Care Administration
Health Care Facilities
Health Care Occupations
Health Insurance/Health Care Access
Health, General/Public/Environmental
Higher Education/Financial Aid
Miscellaneous
Prescription Drugs

BILLS INTRODUCED

Employment/Labor/Worker's Compensation


HB0214 Labor and Employment - Wage Payment and Collection Law - Definition of Wage

HB 214 clarifies that the definition of wage in the wage payment and collection law includes overtime wages. Wage would now include a bonus, a commission, a fringe benefit, overtime wages, or any remuneration promised for service.

Effective Date: October 1, 2010
For more information, please contact: Delora Sanchez

HB0249 Insurance - Premium Increase for Commercial and Workers' Compensation Insurance- Notice

HB 249 will require insurers to provide notice of a premium increase to an insurance producer not less than 45 days prior to the effective date of the renewal policy.

Effective Date: October 1, 2010
For more information, please contact: Delora Sanchez

HB0381 Workplace Religious Freedom Act

HB 381 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 the kind of leave 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 by meeting certain requirements. The Commissioner of Labor and Industry will consider an accommodation to be an undue hardship where the accommodation would create an unreasonable expense or difficulty; unreasonable interference with the safe or efficient operation of the workplace; or violate a bona fide seniority system or collective bargaining agreement. 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, 2010
For more information, please contact: Delora Sanchez

SB0312 Labor and Employment - Credit Reports and Credit Histories of Applicants andEmployees - Limitations on Use by Employers

SB 312 prohibits an employer from using a credit report or credit history to determine whether or not to offer or deny employment to an applicant; discharge an employee; or determine compensation or the terms, conditions, or privileges of employment. An employer is authorized to request or consider an applicant�s credit history if the applicant receives an offer of employment and the request has a bona fide, work related purpose. Employees may sue for injunctive relief, damages, or other relief against an employer that unlawfully uses the employee�s credit report or history. Financial institutions where deposits are insured by a federal agency and employers that are required under federal or state law to review an employee�s credit report or history are exempt.

Effective Date: October 1, 2010
For more information, please contact: Delora Sanchez

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General Education


HB0017 Education - Incidents of Bullying, Harassment, or Intimidation - Reports byPrincipals - Local Law Enforcement Agency

HB 17 will authorize a public school principal to report an incident of bullying, harassment, or intimidation against a student attending the school to local law enforcement.

Effective Date: October 1, 2010
For more information, please contact: Delora Sanchez

HB0269 Child with a Disability - Individualized Education Program

HB 269 requires that at least 5 days before a scheduled meeting on an individualized education program for a child with a disability, school personnel must provide a copy of each assessment report, data chart, and draft individualized education program to the parents of the child. After the meeting, school personnel must provide the parents with a copy of the completed individualized education program or a draft copy if it has not been completed within 5 days.

Effective Date: July 1, 2010
For more information, please contact: Delora Sanchez

HB0272 Classroom Placement - Multiple-Birth Children - Parental Discretion

HB 272 will allow parents of multiple birth children to request that the children be placed in the same classroom or separate classrooms if the children are in the same grade level in the same school. The request must be made within a certain period of time. If the classroom placement is disruptive the principal may determine the appropriate classroom placement for the children. A parent or guardian may appeal the decision of the principal. A county board is prohibited from adopting a classroom placement policy of automatically separating or placing together multiple-birth children.

Effective Date: July 1, 2010
For more information, please contact: Delora Sanchez

HB0294 Education - Immunizations - Children Entering Seventh Grade or Higher

HB 294 requires DHMH immunization regulations to include the requirement that parents or legal guardians of a child born on or after Jan. 1, 1990, or entering seventh grade or the equivalent on or after September 1, 2010, have the child receive a booster immunization containing diphtheria and tetanus toxoids and an acellular pertusiss vaccine.

Effective Date: July 1, 2010
For more information, please contact: Delora Sanchez

HB0304 Education - Maintenance of Effort Requirement - Process and Factors

HB 304, an emergency bill, will change the date by which a county governing body must make a request to the State Board of Education for a waiver from the maintenance of effort requirement from April 1 of the prior fiscal year to the earlier of the seventh day following the end of the legislative regular session or May 1 of the prior fiscal year. The Board must consider certain factors when making the decision of whether to grant or deny a waiver. The Board is required to inform the county if the waiver has been approved or denied no later than 45 days after receipt of an application or June 1 of the prior fiscal year, whichever is earlier.

Effective Date: Emergency Measure
For more information, please contact: Delora Sanchez

HB0335 State Board of Education - Financial Literacy Curriculum - GraduationRequirement

HB 335 requires the State Board of Education to develop curriculum content for a course in financial literacy; requires county boards to implement the curriculum content into public high schools within the county; and makes completion of a course in financial literacy a requirement for graduation.

Effective Date: October 1, 2010
For more information, please contact: Delora Sanchez

SB0230 Education - Instruction of Blind and Visually Impaired Students - Use ofBraille

SB 230 requires the State Board of Education to establish standards for the use of Braille in English, language arts, and mathematics instruction for the blind and visually impaired students on or before September 1, 2010. The State Board and the Professional Standards and Teacher Education Board are to review, and as appropriate modify, certification and recertification requirements for teachers of blind and visually impaired students.

Effective Date: October 1, 2010
For more information, please contact: Delora Sanchez

SB0239 Education - Age of Compulsory Attendance - Exemptions

SB 239 first increases the age until which a child is required to attend public school and that a parent or guardian is responsible for a child�s attendance in public school from 16 to 17, with certain exceptions beginning in 2012. Beginning in 2014, the bill increases the age until which a child is required to attend public school and that a parent or guardian is responsible for a child�s attendance in public school from 17 to 18, with certain exceptions.

Effective Date: Various
For more information, please contact: Delora Sanchez

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Health Care Administration


HB0219 Office of the Governor - State Drug and Alcohol Abuse Council

HB 219 establishes the State Drug and Alcohol Abuse Council in the Office of the Governor. The Council will be comprised of state officials and eight members appointed by the Governor who are representative of the geographic region of the state; at risk populations; knowledgeable professionals; current or former consumers of substance abuse treatment services; family members of substance abusers; prevention and treatment providers and individuals that are active on substance abuse issues within their communities. The Council will be charged with developing an approach for the use of state and local resources for the prevention, intervention, and treatment of substance abuse. The Council�s approach will promote a coordinated, collaborative, and comprehensive effort of the state executive branch agencies and local agencies to ensure the efficient and effective use of state resources for substance abuse treatment services to serve state residents, individuals within the criminal justice system, and individuals with co-occurring disorders. The Council will identify, develop, and recommend the implementation of improvements in substance abuse treatment services. The Council will prepare and annually update a two year plan that will be submitted to the Governor and the General Assembly on or before August 1 of each year. The Council will also prepare annual surveys of all federal and state resources used to fund substance abuse prevention intervention and treatment services; facilitate coordination between the court, criminal justice, and correctional systems with existing substance abuse treatment services; and support the work of local substance abuse councils by facilitating coordination and communication among the councils.

Effective Date: October 1, 2010
For more information, please contact: Delora Sanchez

SB0187 Maryland False Claims Act

SB 187 prohibits submission of a false claim against the state for money, property, or services. A claim is a request or demand for money, property, or services that the state provides or reimburses to a contractor, grantee, or other person by contract or otherwise. In addition, the bill allows a private party (relator or whistleblower) with knowledge of a past or present fraudulent claim to file a private civil action on behalf of the state. The state or private party may seek any remedy available in common tort law including compensatory damages, court costs, and attorney�s fees. The Attorney General is required to investigate a civil action alleging a false claim. Remedies and damages resulting from a claim include treble damages, fines up to 10,000 per violation, and costs.

Effective Date: October 1, 2010
For more information, please contact: Delora Sanchez

SB0279 Maryland False Health Claims Act of 2010

The Maryland False Health Claims Act will prohibit individuals from filing false or fraudulent claims against a state health plan or a state health program. The state or a person on behalf of the state is authorized to file a civil action against an individual that filed a false claim against the state. Specific intent to defraud the state is not required for a violation. Individuals found in violation of the act are subject to compensatory damages, treble damages, a civil penalty of $5,000 - $10,000 per violation, and court costs and attorney�s fees. The court may award a person that files a civil claim on behalf of the state an amount that is 15 - 30 percent of the proceeds of the action or the settlement of the claim. If an employer retaliates against a person for filing a claim on behalf of the state, the person may file a civil claim against the employer.

Effective Date: October 1, 2010
For more information, please contact: Delora Sanchez

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Health Care Facilities


HB0156 Mental Hygiene Administration - Upper Shore Community Mental Health Center - Continued Operation

HB 156 requires the Administration to continue the operation of the Upper Shore Community Mental Health Center and adds that to the list of state facilities that must be maintained under the direction of the Mental Hygiene Administration or the Department of Health and Mental Hygiene. This emergency legislation is in response to the recent Board of Public Works decision to approve closing the facility.

Effective Date: Emergency Measure
For more information, please contact: Sheila Higdon

SB0265 Assisted Living Programs - Elevator Installation - Exemption

SB 265 exempts licensed assisted living facilities with 5 or fewer beds from the registration and inspection requirements for installing elevators.

Effective Date: October 1, 2010
For more information, please contact: Sheila Higdon

SB0328 Hospitals - Financial Assistance and Debt Collection

SB 328 amends existing requirements for hospital assistance and debt collection policies and makes the requirements applicable to chronic hospitals that are subject to rates set by the HSCRC.

Financial Hardship
Hospitals must specify in their financial assistance policies that they provide reduced cost medically necessary care to patients with family income below 500% of the federal poverty level (FPL) who have a financial hardship. Financial hardship is defined as medical debt, incurred by a family over a 12 month period that exceeds 25% of family income. For patients whose family income falls between 150% and 500% FPL, hospitals must apply the reduction that is most favorable to the patient, whether it is the reduced cost policy or financial hardship policy.

If a patient has received reduced cost medically necessary care due to financial hardship, the patient or any family member remains eligible for reduced cost care when seeking further care at the same hospital for 12 months following the initial care. The patient or family member must inform the hopsital of his or her eligibility.

Hospitals must provide a mechanism for a patient to request that the hospital reconsider a denial for free or reduced cost care and to file a complaint with the hospital or outside collection agency used by the hospital, regarding the patient's bill.

Retroactive Reimbursement
If a hospital has collected more than $25 from a patient, and within a new year period the patient was found to be eligible for free care on the date of service, the hospital must refund the amount collected above $25. If a judgment or adverse credit report has been entered on a patient was later found to be eligible for free care on the date of service, the hospital must vacate the judgment or strike the adverse information and refund the patient. However, if a patient is enrolled in a means-tested government health care plan that requires the patient to pay out-of-pocket for hospital services, a hospital's refund policy must comply with terms of the patient's plan.

A hospital may reduce the two year period described above to 30 days after the hospital requests relevant information from the patient in order to determine eligibility if that hospital documents the patient or guarantor's lack of cooperation in providing requested information.

Patient Information
Hospitals must include information on a patient's right to apply for financial assistance, and who to contact for additional information, on posted notices. In addition, hospitals must have staff available to work with patients, families, and/or authorized representatives to help understand hospital bills, as well as patients' rights and obligations regarding reduced cost medically necessary care.

Upon request, hospitals must also provide a patient with a written estimate of the total charges that are reasonably expected to be billed to the patient. The estimate must state that it is only an estimate and that charges may vary. This provision does not apply to emergency services.

Uniform Standards for Hospital Collection Policies
Hospitals will be prohibited from reporting adverse information to a consumer credit reporting agency or commencing civil action against a patient for nonpayment for at least 120 days after issuing an initial patient bill unless the hospital documents a patient or guarantor's lack of cooperation in providing information needed to determine the patient's obligation regarding the bill.

If a hospital delegates collection activity to an outside agency, they must explicity authorize or contract with the agency and require the agency to abide by the hospital's collection and credit policy. The hospital must specify procedures the agency must follow regarding financial assistance, and require the agency to provide a mechanism for a patient to file a complaint with the hospital or agency regarding the handling of the patient's bill.

A hospital must promptly report a patient's fulfillment of his or her payment obligations to any consumer reporting agency to which the hospital has reported adverse information about the patient.

A hospital is prohibited from forcing the sale or foreclosure of a patient's primary residence to collect an outstanding debt. If a hospital holds a lien on a patient's primary residence, the hospital may maintain the right to defend its legal position as a secured creditor with respect to other creditors to whom the patient may owe a debt.

A hospital's Board of Directors must approve any changes to the hospital's financial assistance and debt collection policies, and must review and approve the policies every three years.

Effective Date: October 1, 2010
For more information, please contact: Sheila Higdon

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Health Care Occupations


HB0114 Health Occupations Boards - Revisions

HB 114 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 web site; 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 the health occupations boards to jointly study and report to the General Assembly by December 31, 2011 on the progress toward meeting the goals and requirements of this act. By December 31, 2010, DHMH and the health occupations boards must also study and report on whether, under certain circumstances, it may be appropriate to expunge disciplinary proceedings from a licensee�s file.

Effective Date: October 1, 2010
For more information, please contact: Sheila Higdon

HB0137 State Board of Examiners of Nursing Home Administrators - Sunset Extension andProgram Evaluation

HB 137 extends the sunset and program evaluation for the Nursing Home Administrators State Board of Examiners until July 1, 2017.

Effective Date: July 1, 2010
For more information, please contact: Sheila Higdon

HB0319 State Board of Nursing - Nurse Practitioners - Certification Requirements andAuthority to Practice

HB 319 alters requirements for certification as a nurse practitioner by the Board of Nursing, and defines a nurse practitioner as an individual who is licensed by the Board to practice registered nursing and certified by the Board to practice as a nurse practitioner. Practice as an nurse practitioner means to independently:
1) perform the acts of a registered nurse that require substantial specialized knowledge, judgment and skill, as defined in current law
2) conduct a comprehensive physical assessment of an individual
3) establish a medical diagnosis for common chronic stable, short-term, or acute health proglems
4) order, perform, and interpret laboratory tests
5) prescribe drugs, as currently permitted by statute
6) perform diagnostic, therapeutic, or corrective measures
7) refer an individual to an appropriate licensed physician or other health care provider
8) provide emergency care
9) admit an individual to a hospital or nursing facility

HB 319 delineates the process a nurse practitioner must adhere to in order to apply for certification to the Board, provides for a waiver process for individuals who were certified by a national certifying body prior to October 1, 2010; and permits the Board to issue a temporary practice letter for an individual authorized to practice as a certified nurse practitioner in another state. The requirement that the Board of Physicians approve the scope of practice prior to issuance of a temporary practice letter is repealed in HB 319.

The bill also amends the existing standards of quality of care that a health maintenance organization shall provide to its members, by adding nurse practitioners to the current statute.

In addition, the bill requires the Department of Health and Mental Hygiene to repeal the provision in current law that requires a written agreement between a certified nurse practitioner and a licensed physician and establishing a Joint Committee on Nurse Practitioners on or before December 31, 2012.

Effective Date: October 1, 2010
For more information, please contact: Sheila Higdon

SB0165 Health Occupations - Therapy Management Contracts - Repeal of Sunset

SB 165 repeals the sunset provision of law relating to licensed physician-pharmacist agreements and physician-pharmacist therapy management contracts.

Effective Date: July 1, 2010
For more information, please contact: Sheila Higdon

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Health Insurance/Health Care Access


HB0182 Health Insurance - Coverage for Breast Cancer Screening - American CancerSociety Guidelines

HB 182 establishes that insurers must provide coverage for breast cancer screening in accordance with the American Cancer Society screening guidelines which existed on January 1, 2010.

Effective Date:
For more information, please contact: Mat Palmer

SB0181 Health Insurance - Child Dependents - Qualifying Age Limit

SB 181 would increase the maximum age of a child dependent who could be included on a parent's health insurance contract from 25 years old to 30 years old.

Effective Date: October 1, 2010
For more information, please contact: Mat Palmer

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Health, General/Public/Environmental


HB0248 Vehicle Laws - Equine Riding - Helmet Requirement for Minors

HB 248: (1) prohibits a person under 18 years of age from riding an equine on a highway, an equine-riding path, or a specified other property unless the person is wearing a properly secured helmet that meets specified standards, (2) establishes a fine schedule for subsequent violations of the helmet requirement, and (3) requires a court to order the parent or guardian of a minor under 14 years of age who is convicted of a violation to pay the fine imposed for the violation under specified circumstances.

Effective Date: October 1, 2010
For more information, please contact: Kevin Bowman

HB0281 Commission on Surrogate Parenting

HB 281: (1) creates the Commission on Surrogate Parenting, (2) provides for the composition, chair, and staffing of the Commission, (3) provides that a member of the Commission may not receive compensation but may be reimbursed for specified expenses, (4) requires the Commission to study specified issues related to surrogate parenting, (5) requires the Commission to make specified recommendations, if possible, and (6) requires the Commission to report its findings and recommendations to the Governor and the General Assembly.

Effective Date: July 1, 2010
For more information, please contact: Kevin Bowman

HB0287 Sexual Supplement Safety Act

HB 287: (1) prohibits, except on a valid prescription of a specified authorized prescriber, a person from marketing, selling, offering for sale, or distributing a specified aphrodisiac drug product, (2) provides criminal penalties for a violation of the Act, and (3) defines "aphrodisiac drug product."

Effective Date: October 1, 2010
For more information, please contact: Kevin Bowman

HB0324 Patient Referrals - Imaging and Radiation Therapy Services - Accreditation

HB 324 exempts a health care practitioner from current law that governs in-office ancillary services and prohibits referrals for MRI, radiation therapy, or CT scan to a health care facility in which the practitioner owns a beneficial interest or has a compensation arrangement if the health care entitity meets specific national accreditation requirements. In addition, the services must be a radiology group practice or an office consisting solely of one or more radiologists. Or, practitioner must be employed and personally supervised by the referring practitioner or a practitioner in the group practice provides services. The bill requires a practitioner who makes a referral to one of the above-mentioned ancillary services in which they have a beneficial interest to disclose that interest to the patient.

Effective Date: July 1, 2010
For more information, please contact: Sheila Higdon

SB0213 Child Care Articles and Toys Containing Bisphenol-A - Prohibition

SB 213 prohibits the manufacture, sale, or distribution of toys/child care articles containing Bisphenol-A. The bill also: (1) requires a person to use the least toxic alternative, (2) prohibits a person to use specified carcinogens/reproductive toxicants, and (3) provides a penalty for violating such acts.

Effective Date: October 1, 2010
For more information, please contact: Kevin Bowman

SB0250 Health - Medical Procedures - Ultrasound Options

SB 250 relates to an obstetric ultrasound performed prior to, or in conjunction with, the performance or inducement of an abortion. The bill requires the physician performing such procedure to:
(1) provide the pregnant woman receiving the abortion the opportunity to view the active ultrasound image
(2) offer to provide the woman with a physical picture of the ultrasound image

The bill requires the physician to comply with the above-described requirements at no additional charge to the pregnant woman.

Effective Date: October 1, 2010
For more information, please contact: Sheila Higdon

SB0356 Public Health - Chain Restaurants - Nutrition Information Labeling

SB 356: (1) requires chain restaurants to provide specified nutrition information for standard menu items, (2) establishes how the nutrition information is to be determined, (3) requires the nutrition information to be displayed in a specified manner, and (4) authorizes a local health department to enforce the Act, and (5) provides for civil penalties.

Effective Date: October 1, 2010
For more information, please contact: Kevin Bowman

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Higher Education/Financial Aid


HB0155 Delegate Howard P. Rawlings Educational Excellence Award - Qualifications -Study Abroad Programs

HB 155 would allow a student to receive the Educational Excellence Grant for a study abroad program facilitated by an ineligible institution if the student is enrolled at an eligible institution and the study abroad program location is not offerd by any eligible institutions in the state.

Effective Date:
For more information, please contact: Mat Palmer

SB0191 Weapon-Free Higher Education Zones

SB 191 would prohibit the carrying or possession of firearms, knives, and deadly weapons on the property of public institutions of higher education and it provides for exceptions to this prohibition for law enforcement officers, a person hired for the purpose of guarding the institution's property, a person engaged in shooting activity for educational purposes, and a person who has a written invitation from the president of the institution to engage in a historical demonstration.

Effective Date:
For more information, please contact: Mat Palmer

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Miscellaneous


HB0138 Criminal Injuries Compensation Board - Right to Hearing

HB 138 applies certain provisions of the Administrative Procedure Act to claims filed with the Criminal Injuries Compensation Board. If a claimant requests a hearing after the Board has issued proposed findings of fact, conclusions of law, or an order, the Board is required to hold a hearing in accordance with the applicable provisions of the Administrative Procedure Act.

Effective Date: October 1, 2010
For more information, please contact: Delora Sanchez

SB0219 Criminal Procedure - Criminal Injuries Compensation Board - ClaimantConfidentiality and Eligibility

SB 219 prohibits the disclosure, inspection, or use of a name, address, telephone number, or social security number of a victim of a sexual offense by the Criminal Injuries Compensation Board. Prohibits a person who has ever been convicted of: murder or attempted murder; attempted poisoning; contaminating the water, food, or drink supply; a sexual offense; robbery; carjacking; adult or child kidnapping; child abuse; disarming a law enforcement officer; weapons offense; a controlled dangerous substance offense; arson; malicious burning of property; a felony violation of witness, juror, or court officer intimidation; or female genital mutilation from receiving an award from the Criminal Injuries Compensation Fund.

Effective Date: October 1, 2010
For more information, please contact: Delora Sanchez

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Prescription Drugs


SB0163 State Board of Pharmacy - Wholesale Distributors - Accreditation andReciprocity

SB 163 will change the circumstances by which the State Board of Pharmacy may grant �deemed status� (status that may allow a wholesale distributor to be exempt from initial and routine inspection requirements). The Board may only grant deemed status to a wholesale distributor that is currently accredited by an accreditation organization located where the wholesale distributor is located, or located in a state that has requirements that are substantially equivalent to Maryland�s requirements. Wholesale distributors that receive a permit by reciprocity will comply with specified requirements. Wholesale distributors that are not eligible for reciprocity are required to be accredited. The Board is required to grand deemed status to a wholesale distributor that is accredited or has been granted reciprocity by the Board.

Effective Date: October 1, 2010
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
47 State Circle, Suite 203
Annapolis, MD 21401
410-269-0057
fax 410-269-1574

Kevin Bowman [email protected]
Mickey Geisler [email protected]
Matt Greenwood [email protected]
Sheila Higdon [email protected]
Tom Lewis [email protected]
Mat Palmer [email protected]
Delora Sanchez [email protected]



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