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2010 SESSION OF THE |
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
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.
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 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 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 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 [GO
TO TOP] [GO
TO BILL LIST] 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 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 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 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 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 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 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 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 [GO
TO TOP] [GO
TO BILL LIST] 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 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 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 [GO
TO TOP] [GO
TO BILL LIST] 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 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 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. Effective Date: October 1, 2010 [GO
TO TOP] [GO
TO BILL LIST] 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 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 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: Effective Date: October 1, 2010 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 [GO
TO TOP] [GO
TO BILL LIST] 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: 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 [GO
TO TOP] [GO
TO BILL LIST] 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 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 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 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 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 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: Effective Date: October 1, 2010 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 [GO
TO TOP] [GO
TO BILL LIST] 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: 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: [GO
TO TOP] [GO
TO BILL LIST] 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 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 [GO
TO TOP] [GO
TO BILL LIST] 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
For more information, please contact:
Delora Sanchez
For more information, please contact:
Delora Sanchez
For more information, please contact:
Delora Sanchez
General Education
For more information, please contact:
Delora Sanchez
For more information, please contact: Delora
Sanchez
For more information, please contact: Delora
Sanchez
For more information, please contact: Delora
Sanchez
For more information, please contact:
Delora Sanchez
For more information, please contact:
Delora Sanchez
For more information, please contact:
Delora Sanchez
For more information, please contact: Delora
Sanchez
Health Care
Administration
For more information, please contact:
Delora Sanchez
For more information, please contact:
Delora Sanchez
For more information, please contact:
Delora Sanchez
Health Care Facilities
For more information, please contact:
Sheila Higdon
For more information, please contact:
Sheila Higdon
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.
For more information, please contact:
Sheila Higdon
Health Care Occupations
For more information, please contact:
Sheila Higdon
For more information, please contact: Sheila
Higdon
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.
For more information, please contact:
Sheila Higdon
For more information, please contact: Sheila
Higdon
Health Insurance/Health Care Access
For more information, please contact: Mat Palmer
For more information, please contact: Mat
Palmer
Health, General/Public/Environmental
For more information, please contact:
Kevin Bowman
For more information, please contact: Kevin
Bowman
For more information, please contact:
Kevin Bowman
For more information, please contact: Sheila
Higdon
For more information, please contact:
Kevin Bowman
(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.
For more information, please contact:
Sheila Higdon
For more information, please contact:
Kevin Bowman
Higher
Education/Financial Aid
For more information, please contact: Mat Palmer
For more information, please contact: Mat Palmer
Miscellaneous
For more information, please contact:
Delora Sanchez
For more information, please contact:
Delora Sanchez
Prescription Drugs
For more information, please contact:
Delora Sanchez
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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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