Budget subcommittees are currently holding hearings on all state agency budgets. These are the forums where budgets for all programs are reviewed and analysts from the Department of Legislative Services (DLS) recommend actions to the legislature. Below are highlights of hearings held this week that are of particular interest to Johns Hopkins:

The Stem Cell Research Fund budget was heard before the House Education and Economic Development Committee yesterday. Governor O�Malley has proposed $12.4 million for the Stem Cell Research Fund, a slight increase over his proposal in FY 2009. This amount is nearly half the level of funding in the first year of the program (FY 2008), but is responsive to the state�s fiscal situation. DLS has recommended an additional fifty percent reduction � leaving only $6.2 million for FY 2011. TEDCO and the Stem Cell Research Fund Commission testified in opposition to the cut, providing rationale for maintaining the Governor�s proposal. We also submitted testimony in opposition to the cut. The Maryland Catholic Conference testified that whatever the funding level, the uses should be limited to adult stem cell research. Traditionally the House is more inclined to fully fund this program, while the Senate is likely to push for a cut. This matter will likely end up in a conference committee, where the two chambers will negotiate a compromise.

The Medical Care Program Budget was heard before the House Health and Human Resources Subcommittee yesterday. The Governor�s budget included a $123 million reduction in Medicaid payments to hospitals, a $20.5 million offset from the federal government for collecting rebates on MCO pharmacy expenditures, $20 million in savings associated with the passage of the false health claims legislation, and the use of $8.1 million in CRF funds to support Medicaid. DHMH was again asked to give an explanation of how the $123 million reduction would be realized and gave no specifics, except to say that �all options are on the table.� The Department of Legislative Services (DLS) did make two recommendations, the first was to reduce the funding for the Statewide Bonus for MCOs by 50% (or $2.5 million) and to reduce the funding to the CRF Education and Agriculture grants by 10% (or $1.15 million). Since Priority Partners is one of only two MCO�s who still qualify for the Statewide Bonus (Maryland Physicians Care is the other) this would jeopardize our ability to remain a statewide MCO, and would likely force us to cap membership or close in some counties. DHMH aggressively disagreed with the legislative analyst�s recommendation, noting that it would reduce network capacity in areas of the state which are already underserved (in support of the position of Priority Partners and MPC), in turn putting the HealthChoice program and waiver at increased risk. This additional CRF reduction in the Education and Agricultural grants would not affect Johns Hopkins.

Two additional DLS recommendations were of interest. The first would add language in the BRFA authorizing the transfer of Local Income Tax Reserve Account Funds to cover a possible shortfall of $389 million that would occur should Congress fail to authorize the 6 month extension of the increased FMAP reimbursement in the President�s budget. This would be beneficial to the overall budget, because the legislature would not be forced to cut that additional amount during the legislative session. The second recommendation requests that DHMH submit a reconciliation of FY 2009 utilization of the hospital assessment, which was supposed to be used to provide coverage to only new enrollees.


Lyme Disease Legislation

This week a bill that would have prohibited the Board of Physicians from sanctioning physicians who treat patients diagnosed with �chronic Lyme disease� with long term antibiotics was heard in the House Health and Government Operations Committee. Proponents of the bill included patients and so-called Lyme Literate Medical Doctors, who presented emotionally charged testimony. Dr. Jonathan Zenilman, Chief of Infectious Diseases at Bayview, testified on behalf of Johns Hopkins in opposition to the bill, indicating that both scientific literature and his clinical expertise do not support the position of the proposed legislation and its consequences would not represent good health policy. The Board of Physicians also testified in opposition to the bill. Following lively debate with the bill�s sponsor, the legislation was withdrawn.

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BILLS INTRODUCED

Employment/Labor/Worker's Compensation

HB0175 Labor and Employment - Credit Reports and Credit Histories of Applicants andEmployees - Limitations on Use by Employers

HB 175 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

HB0404 Labor and Employment - Wage Payment and Collection - Order to Pay Wages

HB 404 provides the Commissioner of Labor and Industry with an administrative procedure for processing complaints for failure to pay wages that do not exceed $5,000. The Commissioner shall send a copy of the complaint to the employer and require a written response within 15 days. The Commissioner may issue an order to pay wages or dismiss the claim. An employer may request a de novo hearing on the order to pay wages. If a petition for review is not filed and the employer was ordered to pay wages, the Commissioner may enforce payment in District Court under certain circumstances.

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

HB0405 Workers' Compensation - Covered Employees and Employers - Corporate or Limited Liability Company Officer

HB 405 authorizes an officer or certain members of a close corporation to elect to be exempt from workers� compensation coverage.

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

HB0463 Human Relations - Employment Discrimination Based on Family Responsibilities - Prohibitions

HB 463 alters the equal employment opportunity policy of the state to assure equal opportunity regardless of family responsibilities by prohibiting employers, employment agencies, and labor organizations from discriminating against an individual based on family responsibilities.

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

HB0504 Employment Discrimination - Unlawful Employment Practices - Motivating Factor

HB 504 clarifies that an unlawful employment practice is established when the complainant demonstrates that race, color, religion, sex, age, national origin, marital status, sexual orientation, genetic information, or disability was a motivating factor for any employment practice, even though other factors also motivated the practice.

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

SB0418 Labor and Employment - Maryland Wage and Hour Law - Damages

SB 418 specifies that an employee who is entitled to recovery from an employer due to a violation of the Maryland Wage and Hour Law must be awarded counsel fees, other costs, and interest on the amount of recovery. In addition to the difference between the wage paid to the employee and the wage required under the subtitle, the court may also award an additional amount equal to two times the difference between the wage paid to the employee and the wage required as liquidated damages.

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

SB0419 Labor and Employment - Maryland Wage and Hour Law - Criminal Penalties

SB 419 increases the misdemeanor penalties for employers that do not comply with Maryland Wage and Hour Law. The minimum penalties are a $2,500 fine for a first violation and a $5,000 fine for subsequent violations. Each workweek that an employer does not pay the required wage is considered a separate offense.

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

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General Education

HB0410 Education - Statewide Maintenance of Effort Waiver

HB 410 is an emergency bill to waive the maintenance of effort requirements for the counties and Baltimore City for fiscal year 2011 only.

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

HB0413 Education - Instruction of Blind and Visually Impaired Students - Use ofBraille

HB 413 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 recertification requirements for certification and recertification requirements for teachers of blind and visually impaired students.

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

HB0415 Education - Character Education Fund

HB 415 establishes the Character Education Fund in the State Department of Education to encourage county boards to fund and implement character education programs. The Governor is to include $100,000 in the state budget each fiscal year for the fund. The Fund may only be used for providing matching grants to county boards and to pay up to $25,000 annually for each program administration, professional development, and technical assistance to local school systems with character education programs that received grants from the fund. The Department is to report to the Governor and the General Assembly on or before November 1 of each year on the distribution of grants from the fund.

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

HB0439 Education - Innovative School Scheduling Models - Low-Performing and At-RiskPublic Schools

HB 439, an emergency bill, will require the Maryland State Department of Education to explore the use of innovative school scheduling models, including extended year and year round schooling, in low performing and at-risk schools. Requires the state to include funding for the scheduling models as part of the state�s application to the US Department of Education for Race for the Top funds.

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

HB0440 Education - Teachers - National Board Certified Teacher Pilot Program

HB 440 will require a staff development teacher participating in the National Board Certified Teacher Pilot Program to be a nationally board certified teacher. The State Superintendent is to select five schools from three public school systems to participate in the pilot for three years. The school shall have at least three teachers who have agreed to pursue certification by the National Board of Professional Teaching Standards and have signed a letter of intent to teach at the school for three years. Requires the state to include funding for the pilot program as part of the state�s application to the US Department of Education for Race for the Top funds.
Effective when enacted.

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

HB0462 Education - Discrimination Prohibited - Protected Classes

HB 462 will alter the law relating to discrimination in the employment of public school teachers to conform to other provisions in state law governing discrimination in employment. Ancestry, age, marital status, sexual orientation, or disability are added to statuses that may not be used to discriminate against a teacher in the employment of public school.

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

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Health Care Administration

HB0525 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 equal to 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

SB0611 Insurers, Health Maintenance Organizations, and Managed Care Organizations -Compensation Reports

SB 611 requires each managed care organization, each health maintenance organization, and each insurer to annually report to the Insurance Commissioner on the compensation (including salary, bonuses, and perquisites) of each officer and each executive of their organization.

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

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Health Care Facilities

SB0593 Health Facilities - Freestanding Medical Facilities - Rates

SB 593 amends current statute by adding freestanding medical facilities to those facilities whose rates are set by the Health Services Cost Review Commission (HSCRC). The bill requires the HSCRC to set the rates for these facilities, and requires all payors to abide by those rates. The bill declares that it is the intent of the General Assembly that services provided by freestanding medical facilities and 19 freestanding medical facility pilot projects be considered hospital services by all payors, including the federal Medicare program, and the state�s MCOs.

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

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Health Care Occupations

HB0302 State Board of Nursing - Membership - Nominations for Vacancies

HB 302 adds one registered nurse (RN) member to the State Board of Nursing. The new member is required to have practiced acute care for at least five years, practice currently, and hold a B.S. degree in nursing. Additionally, the bill expands the educational requirements that qualify an individual for the nurse administrator member of the board. The bill also alters the process for board member nominations by requiring the board to notify all active licensees and appropriate professional nursing organizations of a vacancy, and then authorizing any professional nursing organization that represents at least 25 affected nurses or any active nurse with a valid petition to submit a list of qualified individuals for the board vacancy. A board member appointed after a term has begun may serve an additional two consecutive full terms.

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

HB0722 Income Tax Exemption - Military Health Care Pensions - Health Care WorkforceShortage

HB 722 authorizes a tax exemption equal to 100% of military retirement income for an individual who commits to living in Maryland, and working in a health care field identified as having a workforce shortage. The exemption is not applicable to individuals whose federal adjusted income exceeds $65,000.

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

SB0402 Physicians - Professional Liability Insurance Coverage - Notification andPosting Requirements

SB 402 requires licensed physicians in the state to notify patients in writing 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 place that information where they practice.

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

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Health Insurance/Health Care Access

HB0416 Health Insurance - Definition of Bona Fide Wellness Program

HB 416 requires that a bonafide wellness program include membership and routine exercise at a health club or fitness center.

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

HB0435 Health Insurance - Reimbursement of Physicians - Services Outside of Office Hours, by Telephone, or Online

HB 435 requires health insurance carriers to reimburse physicians' bonus payments for services provided outside of normal office hours and when the office is closed. It would also require a separate payment for consultations and evaluations delivered over the phone or online. It does not specify the amount of any such payments.

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

HB0478 Health Insurance - Prescription Drugs - Cost-Sharing Obligations

HB 478 prohibits a carrier who sets a cost sharing obligation for prescription drugs by class (generic, preferred brand-name, non-preferred brand-name) from imposing a fee greater than the dollar amount set for the non-preferred brand-name prescription.

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

HB0767 Maryland Health Security Act of 2010

HB 767 establishes a single-payer Maryland Health System to (1) provide comprehensive and coordinated health care coverage that is not dependent on employment to all state residents; (2) reduce costs; and (3) establish mechanisms to reduce medical errors, decrease health disparities, resolve provider shortages, and ensure transparency and accountability.

The bill provides that each state resident is a member of the plan and is eligible to receive benefits for services covered under the plan. A health insurer, nonprofit health service plan, or health maintenance organization (HMO) may offer benefits that do not duplicate services covered by the plan. Highlights of the system for enrollees include no pre-existing condition limitations, co-insurance, deductibles, or co-payments as well as choice of provider.

A Maryland Health System Trust Fund is established to finance the single-payer system and an Office of the Health Inspector General is created to audit payments. The special, nonlapsing fund consists primarily of (1) money from state and federal financial participation in Medicaid, the Maryland Children�s Health Program (MCHP), and Medicare; (2) money from other federal programs that pay for health care services; and (3) State and local funds appropriated for health care services. Seven boards are established to administer and oversee the Health System, with specific duties, membership requirements, and term provisions, as follows:

1.) Maryland Health System Policy Board to establish a benefits package, establish a global budget, evaluate requests for capital expenses, and evaluate performance.

2.) Maryland Health System Administrative Board to plan for and oversee the transition to the Health System, implement specific plans to decrease administrative costs, and administer payments and a statewide system of electronic medical records.

3.) Maryland Health System Health Needs, Planning, and Improvement Board to review requests for services not covered by the Health System, develop a proposal for long-term care coverage for the Health System by October 1, 2014, develop a health database and a comprehensive system of community health centers, engage in health promotion, and approve grants to local communities.

4.) Maryland Health System Quality Board to establish clinical standards, a prescription drug formulary, guidelines for prescribing, medical error programs, guidelines for care coordination, and programs to monitor adherence to best practices of care.

5.) Maryland Health System Patient Advocacy Board to advocate for and educate residents on the Health System, prepare materials on member benefits and rights, establish a grievance system, and create a Public Advisory Committee.

6.) Maryland Health System Fund Board to manage the fund, establish a sufficient reserve account, and recommend funding sources.

7.) Maryland Health System Payment Board to establish and negotiate payment rates, negotiate discounts for prescription drugs and medical equipment, and provide incentives to attract health care professionals into needed practice fields and geographical areas.

Members of all boards may not be, or have been, employed within the two-year period immediately preceding appointment by pharmaceutical companies, medical equipment companies, or for-profit insurance companies; nor may they accept employment with such companies for two years following the end of their terms.

DHMH must apply by October 1, 2010 for federal waivers to permit the state to deposit all federal payments under state health care programs to the Maryland Health System Fund. The Maryland Health System Policy Board must seek all waivers from the federal Employee Retirement Income Security Act (ERISA) necessary to ensure total participation in the Health System and report on any legislative changes necessary to most effectively carry out the provisions of the bill.

The bill�s provisions regarding the Maryland Health System take effect October 1, 2011, while the remainder of the bill�s provisions relating to the various Boards to transition to and implement the system take effect October 1, 2010.

Effective Date: Various
For more information, please contact: Sheila Higdon

SB0313 Health Insurance - Annual Preventive Care

SB 313 defines Annual Preventative Care as a child wellness visit, routine GYN visit, or screening test of examination for colorectal cancer, chlamydia, HPV, prostate cancer, or breast cancer. The bill also provides that a carrier who provides annual preventative care must not deny payment for such care even if 365 days have not passed since the last visit, and the care is not provided more than 45 days before the anniversary date.

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

SB0445 Health Insurance - Habilitative Services - Required Coverage

SB 445 increases the age limit for mandated coverage of habilitative services for dependents from 19 to 25.

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

SB0625 Health Insurance - Payment and Fee Disclosure

SB 625 requires a carrier to provide, when asked by an enrollee or a care provider on behalf of an enrollee, an estimate of the payment amount for covered service, and any co-payments, deductibles, and co-insurance which will apply. The carrier also will provide an estimate for covered services to any nonparticipating provider which will include the amount the carrier and enrollee will pay, and what payments would be received if the provider was a participating provider. The MIA Commissioner shall establish regulations implementing this legislation.

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

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Health, General/Public/Environmental

HB0290 Licensed Physicians - Treatment of Lyme Disease - Discipline

HB 290 (1) authorizes licensed physicians to prescribe or dispense specified treatment for individuals with Lyme disease if specified requirements are met, (2) alters specified circumstances when the State Board of Physicians may initiate disciplinary actions and professional misconduct proceedings against licensed physicians, and (3) provides for the enforcement of the Act.

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

HB0411 Statewide Advisory Commission on Immunizations - Membership, Sunset Extension,and Study of HPV Vaccine

HB 411 (1) adds a consumer member to the Statewide Advisory Commission on Immunizations, (2) extends the termination date of the Commission, (3) requires the Commission to study the safety of the human papillomavirus (HPV) vaccine, and (4) requires the Commission to include specified components in the study, make recommendations, and report the results of its study.

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

HB0438 Vehicle Laws - Prohibition Against Smoking in Vehicle Containing Young Child

HB 438 (1) prohibits the driver of a motor vehicle in which a person under 8 years of age is a passenger from smoking a tobacco product or allowing a passenger to smoke in the motor vehicle, and (2) establishes a fine of up to $50 for a violation.

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

HB0712 Public Health - Medical Marijuana

HB 712 (1) requires the Department of Health and Mental Hygiene (DHMH) to issue a specified request for proposals to select authorized growers of marijuana for medical use, (2) provides for specified requirements of authorized growers, (3) requires DHMH to establish a specified registration program to authorize specified entities to distribute marijuana for medical purposes, and (4) authorizes DHMH to charge a reasonable fee for the issuance of a specified permit.

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

HB0720 Public Health - Nontobacco Nicotine Products

HB 720 (1) prohibits a person from selling, distributing, or offering for sale a product, or part of a product, that contains or delivers nicotine for human consumption and that has not been approved by the United States Food and Drug Administration, and (2) makes a violation of a specified provision of law a misdemeanor subject to a specified fine.

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

HB0727 Food Service Facilities - Artificial Trans Fat - Prohibition

HB 727 (1) prohibits a food service facility from using food containing artificial trans fat for specified purposes, (2) provides for an exception to the use of trans fat by a food service facility, (3) requires a food service facility to maintain on-site the original label for specified food under specified circumstances, and (4) requires the Department of Health and Mental Hygiene (DHMH) to list specified food service facilities on the DHMH website under specified circumstances.

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

HB0742 Medical Treatment - Homeless, Abandoned, and Runaway Youth

HB 742 provides that a minor has the same capacity as an adult to consent to medical treatment if the minor is (1) homeless, abandoned, or a runaway, (2) at least 12 years old, and (3) certified as homeless, abandoned, or a runaway by a specified health care provider or social worker.

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

HB0758 Public Health - Chain Restaurants - Nutrition Information Labeling

HB 758 (1) requires chain restaurants to provide specified nutrition information for standard menu items, (2) establishes how the nutrition information is to be determined, (3) authorizes specified restaurants and similar food establishments voluntarily to elect to be subject to specified provisions of law, (4) requires the nutrition information to be displayed in a specified manner, (5) authorizes a local health department to enforce the Act, and (6) provides for civil penalties.

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

SB0414 Vehicle Laws - Equine Riding - Helmet Requirement for Minors

SB 414 (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 schedule of fines 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 of the Act to pay the fine imposed for the violation under specified circumstances.

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

SB0585 Commission on Surrogate Parenting

SB 585 (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

SB0627 Public Health - Medical Marijuana

SB 627 (1) requires the Department of Health and Mental Hygiene (DHMH) to issue a specified request for proposals to select authorized growers of marijuana for medical use, (2) provides for specified requirements of authorized growers, (3) requires DHMH to establish a specified registration program to authorize specified entities to distribute marijuana for medical purposes, and (4) authorizes DHMH to charge a reasonable fee for the issuance of a specified permit.

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

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Higher Education/Financial Aid

HB0257 Evidence - Journalist's Testimonial Privileges - Student

HB 257 extends the same non-disclosure of source and information privileges, currently held by professional journalists, to postsecondary student journalists.

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

HB0298 Office of Student Financial Assistance - Service Obligation - Waiver

HB 298 provides that the MHEC Financial Assitance office grant a waiver of remaining service obligations in connection with financial assistance if the receipient:
1.) has completed 50% of the service obligation,
2.) complied with all the terms during the obligation,
3.) has not received the money for the remaining obligation,
4.) submits written notice of their intent to terminate their obligation,
5.) submits a bonafide offer of employment at a federal, state, or local government entity, nonprofit health organization, or an FQHC, and
6.) pays a 5% early termination fee.

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

HB0506 Higher Education - Delegate Scholarships - Summer School

HB 506 repeals the provision that shortens the duration of a delegate scholarship 1/2 year for each summer of use, and provides that the amount used for summer semester can not exceed 1/2 the amount alloted for an academic year award.

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

HB0677 Higher Education - Nonpublic Institutions of Higher Education - Free Speech

HB 677 provides that all nonpublic institutions which receive Sellinger Aid may not make or enforce any rules which infringe upon their students' free speech as defined under the first amendment. The bill also provides that a student who feels his rights have been violated under this statute can file suit in a civil court, and any legal fees incurred by the student in a prevailing action should be paid by the defendant. The bill also states that this statute does not prohibit an institution from imposing discipline for harrassment, threats, intimidation, or hate crimes as defined by Maryland law.

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

SB0203 Family Education Savings Account Act - Subtraction Modification for Contributions

SB 203 creates a subtraction modification under the state income tax for contributions made by an individual to a Coverdell Education Savings Account. The amount of the subtraction modification cannot exceed $1,000 for individuals or $2,000 for joint filers.

Individuals who claim a subtraction modification for contributions to the Maryland Prepaid College Trust, Maryland College Investment Plan, or Maryland-Broker Dealer College Investment Plan cannot claim the subtraction modification.

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

SB0275 Education - Maryland Longitudinal Data System

SB 275, an administration bill, establishes the Maryland Longitudinal Data System as a statewide data system containing individual-level student data from all levels of education and into the workforce. It establishes the Maryland Longitudinal Data System Center as an independent unit of state government and provides the organizational placement, location, staffing, and funding of the Center.

The bill also provides that private higher education institutions may contribute student data to the system.

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

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Medical Liability/Tort Reform

HB0434 Civil Jury Trials - Amount in Controversy

HB 434, a constitutional amendment, increases the maximum amount in controversy in civil proceedings in which a trial by jury may be limited by legislation from over $10,000 to over $20,000.

Effective Date: Constitutional Amendment
For more information, please contact: Delora Sanchez

HB0436 Courts - Jury Trials in Civil Actions - Amount in Controversy

HB 436 prohibits a party in a civil action from requesting a jury trial if the amount in controversy does not exceed $20,000, exclusive of attorney�s fees if attorney�s fees are recoverable by law or contract. The bill is contingent on the adoption by the voters of a constitutional amendment (HB 434 of 2010) permitting the General Assembly to enact legislation limiting the right to a jury trial in a civil proceeding to civil proceedings in which the amount in controversy exceeds $20,000. The bill takes effect on the date of the certification of the election results on the ratification of the constitutional amendment. The bill applies prospectively to civil actions filed on or after the bill�s effective date.

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

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Miscellaneous

HB0964 Environment - Stormwater Management - New Development and RedevelopmentProjects

HB 964 delays the implementation of new stormwater regulations until May 4, 2020.

Effective Date: Emergency Measure
For more information, please contact: Matt Greenwood

HB1125 Stormwater Management - Development Projects - Redevelopment and PreliminaryPlan Approval

HB 1125 alters the requirements that stormwater management regulations must meet within the state. �Redevelopment� is defined as any construction or alteration performed at a site with existing land use where the existing impervious surface area exceeds 30% of the site size or the proposed project is considered an affordable housing or transit-oriented development. Redevelopment projects are required to reduce existing impervious surface area by some amount between 20 � 50%, or provide water quality treatment using environmental site design (ESD), alternative stormwater management measures, or other measures equivalent to a 20 � 50% reduction in impervious surface area, or some combination thereof. The amount of the required reduction will be determined by the local government, which will consider the total square footage of the project and the cost and feasibility of the proposed reduction.

Alternatively, a fee-in-lieu payment may be made in an amount to be determined by the local government. The fee must in turn be used to create or enhance stormwater management projects.

The bill also allows for any project receiving preliminary plan approval before May 4, 2010 to submit a stormwater management plan in compliance with the stormwater regulations as they exist at that time, rather than the new set of regulations which will take effect on May 4, 2010.

Effective Date: Emergency Measure
For more information, please contact: Matt Greenwood

SB0442 Criminal Injuries Compensation Board - Right to Hearing

SB 442 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

SB0686 Watershed Protection and Restoration Act

SB 686 instructs counties and municipalities to establish a stormwater remediation fee and a local Watershed Protection and Restoration Fund by July 1, 2011. All property owners would be subject to the remediation fee. Residential fees would be equal across the jurisdiction, while all commercial fees would be assessed according to the amount of impervious surface on the property, and must be greater than the residential fee. State-owned property is exempt.

Counties and municipalities are required to use the funds in their watershed protection and restoration fund for: improvements to stormwater infrastructure; stormwater management permitting, inspection, and enforcement; stormwater management planning; grants to nonprofit organizations for watershed protection and rehabilitation projects as related to stormwater management construction and design practices, stream and wetland restoration, and public support, education, and outreach; and reasonable costs necessary to administer the fund.

The bill also requires each county and municipality to report annually to the Department of the Environment on the amount of impervious surface in each county or municipality.

Effective Date: July 1, 2010
For more information, please contact: Matt Greenwood

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Prescription Drugs

HB0071 Senior Prescription Drug Assistance Program - Appointment of Insurance Producers

HB 71, a departmental bill, prohibits an insurance provider from marketing the Senior Prescription Drug Assistance Program or assisting a Medicare beneficiary to enroll in the Program unless the insurance provider has been appointed by, and has received training from the Program.

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

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Research/Human Subject

SB0628 Maryland Stem Cell Research Fund - Annual Report - Requirements

SB 628 requires the Stem Cell Research Fund Commission to report annually on the number of patients treated as a direct result of the stem cell research performed by each recipient; and, if the stem cell research has not been tested in a clinical trial, the amount of time estimated before that research will be tested in a clinical trial.

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


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