��������� Legislative Hotline
2010 SESSION OF THE
MARYLAND GENERAL ASSEMBLY
Volume 16, Number 1����������������������������������������������������������������������������������������������� January 20, 2010
Here are some of the hot
issues as the 2010 Legislative Session develops:
2010 LEGISLATIVE SESSION OPENS
INTRODUCTION OF OPERATING BUDGET
MEDMAL
– NON-ECONOMIC DAMAGES CAP UPHELD
BILLS INTRODUCED
STAFF CONTACT INFORMATION
2010 Legislative Session Opens
On Wednesday, Januaury 13, 2010, the Maryland General Assembly convened for the opening of their 427th Legislative Session. The overriding issue of this year’s Session promises to be the closing of a budget deficit estimated at about $2 billion. Assuming that cuts made to the current year’s operating budget are carried forward into FY 2011, the Governor will still be forced to find about $1.4 – 1.5 billion in new cuts to balance the budget as required by law. This reality will require many difficult decisions to be made, and many programs of importance to Johns Hopkins may be at risk of further cuts.
Some other dates of importance to Johns Hopkins include:
- January 20th: Deadline for the introduction of the Operating Budget Bill
- January 27th: Governor delivers the State of the State Address
- January 28th: Ceremony and reception honoring Dr. Greider’s receipt of the Nobel Prize
- February 1st: Deadline for the introduction of the Capital Budget Bill
- April 5th: Deadline for the passage of the Budget Bill
- April 12th: General Assembly adjourns Sine Die
Introduction of Operating Budget
Today, the Governor introduced his FY 2011 proposed operating budget in the legislature. Due to the economic downturn, the Governor was forced to reduce the budget by approximately $2 billion. He accomplished that by making $900 million worth of fund transfers, relying on nearly $400 million in additional Medicaid payments from the federal government, and close to $1 billion in budget reductions. Although much of the detail of the budget is not yet known, below is a preliminary list of proposed budget actions which affect Johns Hopkins:
� Sellinger Aid program – was reduced by an additional $8 million from the FY 2010 appropriation, leaving $30 million in total funding. (JHUs share of the fund is reduced by approximately $3.2 million, leaving $12.9 million in funding.)
� Medicaid Payments to hospitals – there is also a reduction of $123 million in Medicaid payment to hospitals, but very little specific information on how this would be achieved.
� False Health Claims Act – the Department of Health’s budget assumes passage of the False Health Claims Act and attributes savings of $9 million; this is approximately half of the assumption that was made in the FY2010 budget for this same purpose.
Two other areas that affect Johns Hopkins which we have been watching closely are the Stem Cell Research Fund, which was level funded at the FY 2010 appropriation of $12.4 million, and the Cigarette Restitution Fund, for which there is no specific information available yet about the funding level.
We will continue to update you as more information becomes available in regard to other budget implication for Johns Hopkins.
MedMal – Non-Economic Damages Cap Upheld
Earlier this week the Maryland Court of Appeals overturned the circuit court’s decision in the Semsker case, which held that the state cap on non-economic damages did not apply to cases that do not first go to voluntary arbitration. MHA and others filed amicus briefs in appeal of the Semsker case. If the circuit court decision was affirmed, it would have affected future malpractice cases and lead to higher insurance premiums. The holding is extremely helpful to Johns Hopkins and solidifies the application of the cap to all health malpractice claims, not just arbitrated cases. It is also helpful to legislators who were under pressure to pass a bill this session to eliminate ambiguity in the language of the statue.
�[Go
to Top]�� [Go to Bills]
Employment/Labor/Worker’s
Compensation
Health Insurance/Health
Care Access
Health, General/Public/Environmental
Higher Education/Financial
Aid
BILLS
INTRODUCED
Economic Development
SB0064 �Maryland Research and Development Tax Credit - Sunset
Extension
SB 64
would extend the termination date of the MD Research and Development Tax Credit
until 2021.
Effective
Date:� July 1, 2010
For
more information, please contact:� Mat
Palmer
[Go to Top]��
[Go to Bills]
Employment/Labor/Worker's
Compensation
HB0091 �Labor and Employment - Unemployment Insurance -
Modernization and Tax ReliefAct
HB 91
(an administration bill) will allow the state to replenish the state
unemployment insurance (UI) fund by securing federal stimulus funding in the
amount of $126.8 million. The bill will expand unemployment insurance
eligibility and benefits in order to secure federal funds.� The bill will allow a shift in the Table of
Rates from Table F to Table E for one year; adjust the determination of a
claimant's monetary eligibility and employer charges; provide 26 additional
weeks of UI benefits for individuals enrolled in job training; allow benefits
to part time workers; and reduce the interest rate for late payments from 18 to
12 percent.
Effective
Date:� October 1, 2010
For
more information, please contact:� Delora
Sanchez
SB0058 �Workers' Compensation - Division of Rehabilitation
Services - Unpaid Work-BasedLearning Experiences
SB 58
is a departmental bill requested by the State Department of Education. It will
designate an individual in an unpaid work-based learning experience provided by
the Division of Rehabilitation Services (DORS) in the State Department of
Education as a covered employee for the purpose of workers’ compensation
law.� It requires participating employers
to secure workers' compensation coverage for the individual. The State
Department of Education will reimburse the employer for the cost of the premium
for the workers’ compensation coverage or $250, whichever is less.
Effective
Date:� June 1, 2010
For
more information, please contact:� Delora
Sanchez
SB0110 �Labor and Employment - Job and Financial Privacy
Protection Act
SB 110
will prohibit employers from requesting a credit report from an applicant for
employment unless the request has a bona fide work-related purpose or the
employer is required to request the credit report under state law.� The employee may bring an action for
injunctive relief, damages, or other relief if the employer denies employment
or discharges an employee because of a credit report in violation of the above
specifications.
Effective
Date:� October 1, 2010
For
more information, please contact:� Delora
Sanchez
[Go to Top]��
[Go to Bills]
HB0039 �Education - Public High Schools and Public High School
Students - DataCollection System
HB 39
requires the State Department of Education on or before July 1, 2012 to develop
a data collection system for students who graduate from high school in 3-5
years, which will serve as the basis for high school reform in the state.� This bill was introduced previously during
the 2009 legislative session.
Effective
Date:� October 1, 2010
For
more information, please contact:� Delora
Sanchez
HB0097 �Education - Hearing and Vision Screenings
HB 97
requires a parent or guardian of a public school student to ensure that the
student be screened for hearing and vision problems before entering the public
school system.� County boards are
required to ensure parent or guardian compliance.
Effective
Date:� October 1, 2010
For
more information, please contact:� Delora
Sanchez
SB0075 �Education - Nonpublic School Employees - Criminal
Convictions
SB 75
(a departmental bill requested by the State Department of Education) will
require the State Board of Education, rather than the State Department of
Education, to revoke the certificate of approval or letter of tentative
approval of a non-public school that is in violation for hiring or retaining an
employee that has been convicted of certain crimes.
Effective
Date:� October 1, 2010
For
more information, please contact:� Delora
Sanchez
SB0128 �Education - High School Diploma - GED Options Program
SB 128
will require the State Board of Education to establish a GED Options Program
beginning August 1, 2010 that provides students at risk for dropping out with
an alternative course for obtaining a high school diploma.
Effective
Date:� July 1, 2010
For
more information, please contact:� Delora
Sanchez
[Go to Top]��
[Go to Bills]
Health Insurance/Health Care
Access
HB0019 �Health Insurance - Coverage of In Vitro Fertilization
Services
HB 19
alters the amount of time for which a couple must be infertile before they can
receive in vitro fertilization services from 2 years to the definition of
infertility used by the American Society of Reproductive Medicine.
Effective
Date:� October 1, 2010
For
more information, please contact:� Mat
Palmer
HB0030 �Health Insurance - Coverage of In Vitro Fertilization
Services
HB 30
alters the amount of time for which a couple must be infertile before they can
receive in vitro fertilization services from 2 years to 1 year.
Effective
Date:� October 1, 2010
For
more information, please contact:� Mat
Palmer
HB0032 �Health Insurance - Small Group Market - Cap on
Comprehensive Standard HealthBenefit Plan
HB 32
would repeal the MHCC's ability to adjust the cost-sharing arrangement in their
Standard Plan if the Plan exceeds 10% of the state's annual wage.
Effective
Date:� July 1, 2011
For
more information, please contact:� Mat
Palmer
HB0041 �Health Insurance - Copayments for In Vitro
Fertilization Procedures andSurgical Treatment of Morbid Obesity
HB 41
would allow insurance companies and HMO's to require a copayment for in vitro
fertilization services. That copayment can be set at the greater of either
$1000 or equal to the copay for other pregnancy-related services.� Copayment may be required even if the person
has reached the out-of-pocket threshold.
Effective
Date:� October 1, 2010
For
more information, please contact:� Mat
Palmer
SB0019 �Vehicle Laws - Use of Wireless Telephone While Driving
- Prohibitions
SB 19
prohibits a motor vehicle driver from using a wireless telephone. �It also provides exceptions to the
prohibitions, rules for enforcing the act, and penalties for a violating the
act.
Effective
Date:� October 1, 2010
For
more information, please contact:� Kevin
Bowman
SB0027 �Health Insurance - Benefits for In Vitro Fertilization
- Donor Sperm
SB 27
would allow an in vitro fertilization patient who is covered by insurance to be
able to use donor sperm in very limited circumstances, and would ensure this
was a covered service.
Effective
Date:� October 1, 2010
For
more information, please contact:� Mat
Palmer
[Go to Top]��
[Go to Bills]
Health,
General/Public/Environmental
HB0002 �Public Health - Lyme Disease - Record of Reported
Cases
HB 2
requires the Secretary of Health and Mental Hygiene to collect/keep a record of
the number of Lyme disease cases reported each year in the state.
Effective
Date: �October 1, 2010
For
more information, please contact:� Kevin
Bowman
HB0012 �Health - Failure to Properly Bury or Dispose of a Body
- Penalties
HB 12
prohibits an individual from burying or disposing of a human body except in a
family burial plot or other area allowed by a local ordinance, a crematory, a
cemetery, or a funeral establishment.�
The bill also establishes penalties for violation.
Effective
Date:� October 1, 2010
For
more information, please contact:� Kevin
Bowman
HB0033 �Child Care Articles and Toys Containing Bisphenol-A -
Prohibition
HB 33
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 the use
of specified carcinogens/reproductive toxicants, and (3) provides penalties for
violations.
Effective
Date:� October 1, 2010
For
more information, please contact:� Kevin
Bowman
HB0035 �Environment - Brominated Flame Retardants -
Decabrominated Diphenyl Ether -Prohibition
HB 35
prohibits manufacturing, processing, selling, or distributing new products (or
flame-retardant parts of new products) that contain a specified amount of
decabrominated diphenyl ether, on or after January 1, 2011.� The bill does not apply to specified
processing of specified recyclables, specified manufacturer replacement service
parts or other products, specified vehicles, or specified products or parts for
use in vehicles.
Effective
Date:� January 1, 2011
For more
information, please contact:� Kevin
Bowman
SB0101 �Public Health - Peanut Warning - Vending Machines
SB 101
requires a vending machine operator to post a warning label on the exterior of
the vending machine informing consumers if some foods in the machine contain
peanuts.
Effective
Date:� October 1, 2010
For
more information, please contact:� Kevin
Bowman
[Go to Top]��
[Go to Bills]
Higher Education/Financial Aid
HB0016 �Sales and Use Tax - Exemption - University and College
Textbooks
HB 16
would exempt all college textbooks from the MD sales and use tax of 6 percent.
Effective
Date:� July 1, 2010
For
more information, please contact:� Mat
Palmer
HB0059 �Task Force to Incorporate the Principles of Universal
Design for Learning into the Policies, Practices, and Curriculum of the Education
Systems in Maryland
HB 59
will create a task force to define, study, and make recommendations regarding
“Universal Design for Learning” as a scientifically valid framework
for guiding curriculum design including goals, teaching methods, instructional
materials, and assessments.� The task
force will report its findings and recommendations to the State Board of
Education and certain committees of the General Assembly on or before June 30, 2010.
Effective
Date:� July 1, 2010
For
more information, please contact:� Delora
Sanchez
[Go to Top]��
[Go to Bills]
SB0118 �Courts - Jury Trials in Civil Actions - Amount in
Controversy
SB 118
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
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:� Constitutional Amendment
For
more information, please contact:� Delora
Sanchez
SB0119 �Civil Jury Trials - Amount in Controversy
SB 119
is a constitutional amendment that increases, from over $10,000 to over $20,000
the minimum amount which must be in controversy in a civil action before a
party may demand a jury trial.
Effective
Date:� Constitutional Amendment
For
more information, please contact:� Delora
Sanchez
SB0123 �Criminal Procedure - Victim's Compensation - Temporary
Lodging for DomesticViolence Victims
SB 123
will make a victim of domestic violence eligible to receive an award from the
Criminal Injuries Compensation Fund for the reasonable costs of up to 14 days
of temporary lodging.
Effective
Date:� October 1, 2010
For
more information, please contact:� Delora
Sanchez
[Go to Top]��
[Go to Bills]
HB0067 �Senior Prescription Drug Assistance Program - Sunset
Extension
HB 67
extends the termination date of the Senior Prescription Drug Assistance Program
to December 31, 2012 and extends the limit of $14 million on the subsidy that a
nonprofit health service plan is required to provide the program from 2010 to
2013.
Effective
Date:� October 1, 2010
For
more information, please contact:� Delora
Sanchez
[Go to Top]��
[Go to Bills]
HB0013 �Criminal Law - Salvia Divinorum and Salvinorin A -
Distribution to andPossession by Individual Under 21 Years of Age
HB 13
will prohibit possession of salvia by an individual under 21 years of age and
distribution of salvia to an individual under 21 years of age.� An individual under 21 years of age in
possession of salvia will be subject to a citation. A person that distributes
salvia to an individual under 21 years of age will be subject to penalties and
fines, however examination of identification showing that an individual as at
least 21 years of age may be used as a defense for distribution.
Effective
Date:� June 1, 2010
For
more information, please contact:� Delora
Sanchez
[Go to Top]��
[Go to Bills]
��
��
STAFF CONTACT INFORMATION
Please contact Government Relations if you have concerns or would like
additional information. Your input assists us greatly in evaluating and
formulating the position of Johns Hopkins on all legislation.
Legislative Session Office
410-269-0057
fax 410-269-1574
State�������� �����
|
� Kevin Bowman |
|
|
|
|
|
�� Mickey Geisler |
|
|
�� Matt Greenwood |
|
|
�� Sheila Higdon |
|
|
�� Tom Lewis |
|
|
�� Mat Palmer |
|
|
�� Delora Sanchez |
|
[Go to Top]��
[Go to Bills]
Legislative
Hotline
is a service of Johns Hopkins Government Affairs.
�
2010 The Johns Hopkins Institutions.
Office of Government, Community and Public Affairs.