2010 SESSION OF THE
MARYLAND GENERAL
ASSEMBLY
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2010 SESSION OF THE |
Volume 16, Number 4 |
March 1, 2010 |
Here are some of the hot issues as the 2010 Legislative Session develops:
False
Claims Legislation
School
of Nursing Seniors Visit Annapolis
Republican
Alternative Budget Proposals
Office
of Home Energy Programs
A hearing on the 2010 False Health Claims Act was held before the Senate
Judicial Proceedings Committee on Tuesday, February 23. The Lt. Governor,
Secretary of Health, and Attorney General�s Office were the main proponents of
the administration bill. The Lt. Governor�s testimony expressed a willingness to
work on several parts of the bill with which we have major concerns. The
Department however, reiterated that they need to retain a private right of
action for whistleblowers to bring cases on behalf of the state � a provision we
oppose � in the bill as a public policy measure.
Joanne Pollack, Esq.,
JHHS/JHM Chief General Counsel, provided testimony in support of the bill with
amendments as part of a panel with the Maryland Hospital Association (MHA) and
the Community Behavioral Health Association. Joanne gave excellent testimony as
to the effect that a state false claims act would have on providers, based on
experience that Johns Hopkins has had with cases filed under the federal false
claims act. The testimony helped committee members understand the impact that
the legislation would have on health providers if it were passed without the
amendments that we submitted.
We are now working to get our amendments
adopted onto the administration bill.
School of Nursing
Seniors Visit Annapolis
On February 23, approximately 60 senior students from the JHSON spent a full
day in Annapolis as part of their community health rotation. They met with
legislators, attended Senate and House floor sessions, and spent several hours
in committees listening to debate on bills pending before the General Assembly.
In a wrap up meeting with members of the state affairs team, the students
highlighted the bill hearings as especially educational as they heard testimony
on the pros and cons of proposed legislation on such issues as a task force to
study Lyme disease, stem cell research funding for sickle cell disease, and a
prohibition on artificial trans fats.
Republican Alternative Budget
Proposals
Tuesday, February 23, both the House and Senate Republican members presented
their alternative budget proposals to an introductory joint briefing of the
Senate Budget & Taxation Committee and House Appropriation Committee. These
plans took different courses of how to reduce spending in FY 2011 and beyond.
Here is a brief overview of the areas which affect Johns Hopkins:
Senate
Plan (amount reduced from FY 2011 budget)
� Delete Sellinger Formula and
provide $717 per FTE to all private institutions with an endowment less than $1
billion [as the only institution with an endowment exceeding $1 billion, Johns
Hopkins would be excluded from receiving Sellinger funds] ($13 M)
� Delete
Stem Cell Research Grants ($12.4 M)
House Plan (amount reduced from FY
2011 budget)
� Medicaid Performance Audits [no further explanation] ($195
M)
� Eliminate Medicaid Funded Abortions ($2.1 M)
� Delete Stem Cell
Research Grants ($12.4 M)
� 1% across the board Reduction to State Agency
Personnel Budgets [would affect DHMH and MHEC Staffing] ($6.3 M)
The
Senate will be holding an official hearing on the Republican Plan (SB 1004) on
Wednesday, March 3.
Office of Home Energy
Programs
The budget for the Office of Home Energy Programs (OHEP) has been heard in
both the House and Senate subcommittees. OHEP provides assistance with payment
of utility bills for those living in subsidized housing or earning income up to
175% of the federal poverty level, allowing individuals to avoid resorting to
more dangerous methods of heating and lighting their homes. This issue has been
of importance to Johns Hopkins due to large numbers of emergency room visits
caused by burns and other injuries from candles, open flames, and other
non-conventional methods employed when utility shut-off has occurred. The energy
assistance programs continue to serve more households, as well as increase the
number of new eligible households served, in spite of a slight overall decrease
in funding levels for FY 2010 and FY 2011.
BILLS INTRODUCED
Economic Development HB0845 State Retirement and Pension System - Investments
- Qualified Information Technology, Green Technology, Medical Device Technology,
or Bioscience Businesses
HB 845 would require the Maryland State Retirement and Pension Board to
invest $50 million over five (5) years in venture capital funds focusing on
qualified information, green, or medical device technology, or bioscience
businesses in the state.
Effective Date: July 1, 2010 [GO
TO TOP] [GO
TO BILL LIST] HB0591 Unemployment Insurance - Charging and
Taxation
HB 591, an emergency measure, reduces from 13.5% to 11.8% the maximum
unemployment insurance (UI) contribution rate that can be charged to employers
in the State. If the ratio of the balance of the Unemployment Insurance Trust
Fund (UITF) and taxable wages in the State is at or below 4.0%, the contribution
rate charged to an employer must be calculated using Table D instead of Table E
or F, as would be required under current law. The bill applies to contribution
rates calculated for calendar years 2010 and 2011. The bill expires December 31,
2011, except that it remains in effect until the balance of UITF reaches the
appropriate level to allow contribution rates to be calculated using Table C. If
the balance of UITF reaches the appropriate level to apply Table C, the bill
becomes null and void and the Secretary of Labor, Licensing, and Regulation must
notify the Department of Legislative Services within seven days of UITF�s
balance reaching that level.
Effective Date: Emergency Measure HB0746 Procurement - Living Wage - Repeal
HB 746 would repeal the state�s living wage law requiring minimum specified
wage levels to be paid by vendors of state service contracts.
Effective Date: October 1, 2010 HB0751 Workers' Compensation - Temporary Total Disability
Benefits - Credit
HB 751 would provide a credit to an employer or its insurer for compensation
paid to an employee for temporary total disability benefits if treatment is
delayed or suspended.
Effective Date: October 1, 2010 HB0755 Earned Income Credit Information Act
HB 755 would require the Comptroller to annually publish the maximum income
eligibility for the state earned income tax credit and prepare a notice advising
employees of the state and federal credit. Employers would be required to
provide a copy of the notice by January 1st, electronically or in writing, to
each employee who may be eligible for the credit, or to all employees.
Effective Date: January 1, 2011 HB0764 State Board of Education - Financial Literacy
Curriculum - Graduation Requirement
HB 764 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 HB0968 Workers' Compensation - Appeals - Evidence
HB 967 will allow medical records to be introduced as evidence in an appeal
from a decision of the Workers� Compensation Commission. This bill will require
notice to be provided to all parties, places a specified limit on a judgment,
and will require the court to alter an award under certain circumstances.
Effective Date: October 1, 2010 HB0984 Employment - Applications for Employment -
Prohibitions
HB 984 will prohibit an employer from failing or refusing to hire an
applicant, or discharging a person because of the person's refusal to answer
questions regarding religion, national origin, or marital status unless the
individual�s religion, national origin or marital status is a bona fide
occupational qualification for employment.
Effective Date: October 1, 2010 HB1022 Human Relations - Sexual Orientation and Gender
Identity - Antidiscrimination
HB 1022 prohibits discrimination based on gender identity for public
accommodations, housing and employment. Prohibits discrimination based on sexual
orientation or gender identity in commercial leasing. Employers are allowed to
require an employee to adhere to reasonable workplace appearance and dress
standards that are directly related to the nature of employment as long as the
employee may appear and dress consistent with their gender identity.
Effective Date: October 1, 2010 SB0500 Unemployment Insurance - Compensation for Lawyer
or Agent Representation in Claim Proceedings
SB 500 will repeal the limit on compensation a lawyer may charge a claimant
for representation in an unemployment insurance claim determination proceeding
before a hearing examiner, special examiner or Board of Appeals in the
Department of Labor, Licensing and Regulation.
Effective Date: October 1, 2010 [GO
TO TOP] [GO
TO BILL LIST] HB0888 Land Use - Community Benefit Agreements
HB 888 would allow all charter counties and Baltimore City to enter into a
Community Benefit Agreement with a developer as part of a site plan or
development permitting process. It defines a Community Benefit Agreement as "A
voluntary agreement by a developer to provide specified benefits or concessions
to the community in which development is taking place coincident with the
development of a property."
Effective Date: October 1, 2010 HB1040 High Performance Buildings Act - Applicability to
Recipients of State Aid
HB 1040 requires that any new building or major building renovation that is
funded solely or partly by a grant of state aid be built as a high-performance
building.
Effective Date: October 1, 2010 [GO
TO TOP] [GO
TO BILL LIST] HB0350 Education - Early Learning Challenge Fund -
Application for Grants
HB 350 requires the State Department of Education to apply for federal grants
from the Early Learning Challenge Fund for early learning initiatives. The
Department is required to identify the conditions necessary for a competitive
application before submitting an application. The Department�s application must
describe the ways it seeks to build a comprehensive, high-quality, early
learning system for children birth to age five and include all the information
required for the Early Learning Challenge Fund. This bill is contingent upon the
passage of federal legislation enacting the Early Learning Challenge Fund.
Effective Date: Contingent HB0610 Education - Public Charter School Facility
Revolving Loan Fund
HB 610 permits public charter schools to apply for a loan from the fund for
the construction, purchase, renovation and maintenance of a public charter
school facility. The fund is a special non-lapsing fund. A single loan to a
charter school may not exceed $100,000 and aggregate loans may not exceed
$150,000.
Effective Date: October 1, 2010 [GO
TO TOP] [GO
TO BILL LIST] SB0797 Blue Ribbon Commission on Alzheimer's Disease and
Related Disorders
SB 797 proposes to establish a Task Force on Alzheimer�s Disease and Related
Disorders. Effective Date: October 1, 2010 [GO
TO TOP] [GO
TO BILL LIST] HB0431 Medical Review Committees - Subpoenas - Medical
Records for Mental Health Services
HB 431 requires the Maryland Board of Physicians to notify a patient of the
right to oppose the sharing of medical information when the board subpoenas the
patient�s medical records for mental health services as a result of a complaint
from another person.
Effective Date: October 1, 2010 HB0649 Environment - Pharmaceutical Disposal Act
HB 649 would prohibit a health care facility from discharging, disposing,
flushing, pouring, or emptying and unused medication into a wastewater system
with few exceptions. Health care facilities are required to modify its written
medication protocols. The Department of Health and Mental Hygiene (DHMH) is to
enforce the Pharmaceutical Disposal Act with the assistance of the Department of
Agriculture. A person that violates the Act is guilty of a misdemeanor and
subject to a $500 fine.
Effective Date: October 1, 2010 [GO
TO TOP] [GO
TO BILL LIST] HB0870 State Board of Physicians - Facilities for
Performing Elective Cosmetic Surgical Procedures
HB 870 authorizes the Board of Physicians to discipline a licensee who
performs an elective cosmetic surgical procedure in a facility that is not
accredited by the American Association for Accreditation of Ambulatory Surgical
Facilities, the Accreditation Association for Ambulatory Health Care, or the
Joint Commission on the Accreditation of Health Care Organizations, or not
certified to participate in the Medicare program as enacted by the title XVIII
of the Social Security Act.
Effective Date: October 1, 2010 SB0812 End of Life Health Care Disclosure Act
SB 812 requires each health care facility to disclose specified practices
established for the facility regarding the implementation of advance directives
and the use of cardiopulmonary resuscitation and �do not resuscitate� orders. In
addition, facilities must request a copy of any advance directive made by an
individual. If an individual is not capable of making an informed decision, the
facility must inform the proxy decision maker of the right to make decisions
concerning the individual�s health care, provide information on the local
hospice program, and request a copy of the individual�s advance directive.
Effective Date: Various [GO
TO TOP] [GO
TO BILL LIST] HB0323 Health Occupations - Licensure of Physician
Assistants
HB 323 requires a physician�s assistant (PA) to be licensed rather than
certified by the State Board of Physicians, specifies qualifications for
licensure as a PA, and defines a PA�s scope of practice. In addition, the bill
removes the requirement for a delegation agreement between a physician and a PA
to be approved by the board before a PA may practice and allows primary
supervising physicians to determine a PA�s scope of practice based on specified
criteria. It also repeals limitations on the number of physician's assistants to
whom a physician may delegate medical acts.
Effective Date: October 1, 2010 HB0640 Maryland Loan Assistance Repayment Program for
Physicians - Prince George's County Primary Care Physicians - Eligibility PG
403-10
HB 640 adds medical residents specializing in primary care in Prince George�s
County and agreeing to practice for at least two years as a primary care
physician in an eligible field of employment in Prince George�s County to those
who are eligible to receive funds through the Loan Assistance Repayment Program.
Effective Date: July 1, 2010 HB1410 Health Services Cost Review Commission - Podiatric
Medical Examiners Residency Program
HB 1410 authorizes an accredited hospital to apply to the Health Services
Cost Review Commission (HSCRC) for funding to establish a full three (3) year
podiatric medical examiners residency program that meets the requirements for
such a program set by the Council on Podiatric Medical Education. The Commission
must select one accredited hospital and transfer funds sufficient to cover the
cost of providing the program to four new podiatric medical residents each year
for five (5) years. The hospitals receiving these funds must repay the HSCRC
within ten (10) years of the date of receipt of the funds.
Effective Date: October 1, 2010 [GO
TO TOP] [GO
TO BILL LIST] HB0585 Health Insurance - Mandated Benefits - Dental
Implants
HB 585 would add coverage of dental implants and devices to the list of
mandated benefits for the small group and individual market for all carriers, as
well as for health maintenance organizations.
Effective Date: July 1, 2010 HB0832 The Lorraine Sheehan Health and Community Services
Act of 2010
HB 832 would increase the alcohol tax by approximately ten (10) cents per
serving, and would divide the revenue raised as follows: 15% toward
developmental disabilities, 15% toward addiction treatment, 15% toward mental
health services, and the remaining amount to fund the expansion of Medicaid
coverage to childless adults below 116% of the federal poverty line.
Effective Date: July 1, 2010 HB0951 Health Insurance Carriers - Declinations of
Applications for Coverage - Required Reporting
HB 951 would require a health insurance carrier to report the reason for
declining an application for individual health insurance on a quarterly basis.
The Maryland Insurance Agency must also post this information online and develop
an annual report for each carrier disclosing this information.
Effective Date: October 1, 2010 HB1015 Health Insurance - Purchasing Out of State -
Feasibility Study
HB 1015 would require the Maryland Insurance Administration to study the
feasabilty and desirability of allowing the sale of health insurance across
state lines.
Effective Date: July 1, 2010 HB1027 Gender Equity Health Coverage Act
HB 1027 would prohibit a health insurance carrier or health maintenance
organization from making any changes to plan charges, copayment, coinsurance,
etc. based on the applicant's gender.
Effective Date: October 1, 2010 HB1075 Health Insurance - Payments for Services of
Nonparticipating Health Care Providers
HB 1075 provides that a health insurance carrier must make any payment
remitted to the enrollee for services provided by a nonparticipating provider
payable to both the enrollee and the health care provider.
Effective Date: October 1, 2010 HB1091 Health Insurance - Coverage of Autism Spectrum
Disorders
HB 1091 requires all health insurance plans and health maintenance
organizations to provide coverage for the diagnosis and treatment of autism
spectrum disorders.
Effective Date: January 1, 2010 SB0700 Health Insurance - Child Wellness Benefits
SB 700 would mandate obesity evaluations and developmental evaluations be
added to the child wellness benefits package.
Effective Date: October 1, 2010 SB0745 Health Insurance - Ambulance Service Providers -
Direct Reimbursement
SB 745 would require all health insurance carriers and health maintenance
organizations to reimburse ambulance service providers directly for all covered
services.
Effective Date: October 1, 2010 [GO
TO TOP] [GO
TO BILL LIST] HB0798 Task Force to Study Lyme Disease
HB 798 (1) establishes a Task Force to Study Lyme Disease, (2) provides for
the membership, appointment, and staffing of the Task Force, and (3) requires
the Task Force to study and make recommendations to the General Assembly, on or
before a specified date, on issues relating to the prevention, diagnosis, and
treatment of Lyme disease.
Effective Date: October 1, 2010 HB0820 Firearm Safety Act of 2010
This bill (1) authorizes an investigative or law enforcement officer acting
in a criminal investigation to intercept a wire, oral, or electronic
communication in order to provide evidence of the commission of specified
offenses relating to the sale, rental, purchase, or transfer of a regulated
firearm under specified circumstances, (2) prohibits a person who has previously
been convicted of specified crimes from possessing a firearm, and (3) requires a
valid Maryland handgun purchase permit for the purchase or receipt of a
regulation firearm.
Effective Date: October 1, 2010 HB0932 Public Schools - New Construction or Renovation -
Children's Environmental Health
This bill (1) requires each county board of education to adopt an
environmental health plan for school construction or renovation projects that
includes specified standards, (2) requires a plan adopted under the Act to
include specified additional provisions for school construction or renovation
that will be conducted while the public school is occupied, and (3) requires
specified hazardous substance removal standards adopted under the Act to include
specified provisions.
Effective Date: June 1, 2010 HB0973 Public Schools - Maryland Youth Crisis Hotline -
Distribution of Information
This bill (1) requires each county board of education to provide students in
the 6th through 12th grades with the telephone number of the Maryland Youth
Crisis Hotline in specified ways, (2) requires specified schools to hold a
school-wide assembly during the first month of each year, (3) requires all
students and school personnel to attend a specified school assembly, and (4)
requires specified schools to send information about the Maryland Youth Crisis
Hotline to the parents or guardians of specified students before the school year
begins each year.
Effective Date: July 1, 2010 HB0976 Reduction of Lead Risk in Housing
This bill (1) repeals provisions of law relating to specified qualified
offers in connection with the liability of an owner of specified rental
property, (2) repeals a provision of law relating to a specified window
replacement program, and (3) repeals obsolete provisions of law relating to the
reduction of lead risk in housing.
Effective Date: Contingent HB1041 The Lead Paint Reduction Act of 2010
This bill (1) authorizes specified parties in Baltimore City, Baltimore
County, Prince George's County, and Anne Arundel County to seek monetary damages
for the abatement of specified nuisances under specified circumstances including
a condition related to lead paint, and (2) repeals provisions of law that
restrict other provisions of law authorizing nuisance actions from being
construed to grant standing for a civil action for a condition relating to lead
paint.
Effective Date: October 1, 2010 HB1153 Environment - Reducing Lead Risk in Housing - Lead
Paint Dust Testing
This bill (1) alters the requirements for property owners to satisfy
specified lead risk reduction standards relating to specified changes in
occupancy in specified properties, (2) requires specified lead risk reduction
standards to be performed in accordance with local fire code standards, and (3)
makes conforming changes.
Effective Date: October 1, 2010 SB0492 Vehicle Laws - Protective Headgear Requirement for
Motorcycle Riders - Exceptions
SB 492 (1) provides specified exceptions to the prohibition against operating
or riding on a motorcycle without specified protective headgear, (2) requires
the Motor Vehicle Administration to study the effect of the Act on motorcycle
injuries and fatalities during the first two years that the Act is in effect and
to report to the Governor and the General Assembly by December 31, 2012, and (3)
provides for the termination of the Act.
Effective Date: June 1, 2010 SB0504 Environment - Reducing Lead Risk in Housing - Lead
Paint Dust Testing
This bill (1) alters the requirements for property owners to satisfy
specified lead risk reduction standards relating to specified changes in
occupancy in specified properties, (2) requires specified lead risk reduction
standards to be performed in accordance with local fire code standards, and (3)
makes conforming changes.
Effective Date: October 1, 2010 SB0516 Maryland Assault Weapons Ban of 2010
This bill (1) designates specified firearms as assault weapons, (2) prohibits
with specified exceptions a person from transporting an assault weapon into the
State or possessing, selling, offering to sell, transferring, or receiving an
assault weapon, and (3) requires the Handgun Roster Board to compile and
maintain a roster of prohibited assault weapons
Effective Date: October 1, 2010 SB0539 Public Health - Chain Restaurants - Nutrition
Information Labeling
This bill (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, (4) authorizes a local health department to
enforce the Act, and (5) provides for civil penalties.
Effective Date: October 1, 2010 SB0556 Environment - Decabrominated Diphenyl Ether -
Prohibitions
This bill (1) prohibits, on or after specified dates, the manufacturing,
processing, or distributing of specified products that contain decabrominated
diphenyl ether, (2) provides that the Act does not prohibit retailers from
selling, recycling, or disposing of specified products that contain
decabrominated diphenyl ether under specified circumstances, and (3) provides
that the Act does not prohibit a person from transporting or storing specified
products that contain decabrominated diphenyl ether under specified
circumstances.
Effective Date: October 1, 2010 SB0645 Firearm Safety Act of 2010
This bill (1) authorizes an investigative or law enforcement officer acting
in a criminal investigation to intercept a wire, oral, or electronic
communication in order to provide evidence of the commission of specified
offenses relating to the sale, rental, purchase, or transfer of a regulated
firearm under specified circumstances, (2) prohibits a person who has previously
been convicted of specified crimes from possessing a firearm, (3) requires a
valid Maryland handgun purchase permit for the purchase or receipt of a
regulation firearm.
Effective Date: October 1, 2010 SB0706 Mental Hygiene Administration - Placement of
Individuals with Mental Illness - Study
This bill (1) requires the Mental Hygiene Administration and the Office of
the Attorney General, in consultation with interested stakeholders, to conduct a
specified evaluation, make a specified report, and develop specified plans, and
(2) requires the Mental Hygiene Administration and the Office of the Attorney
General to provide a specified report to the Governor and General Assembly on or
before January 1, 2011.
Effective Date: July 1, 2010 SB0814 Public Schools - New Construction or Renovation -
Children's Environmental Health
This bill (1) requires each county board of education to adopt an
environmental health plan for school construction or renovation projects that
includes specified standards, (2) requires a plan adopted under the Act to
include specified additional provisions for school construction or renovation
that will be conducted while the public school is occupied, and (3) requires
specified hazardous substance removal standards adopted under the Act to include
specified provisions.
Effective Date: June 1, 2010 SB0851 Maryland Health Improvement and Disease Prevention
Act
This bill (1) establishes a Blue Ribbon Commission on Health Improvement and
Disease Prevention, (2) provides for the membership, purpose, chair, staff, and
reimbursement of the Commission, (3) requires the Commission to consider and
make recommendations on specified incentives, and (4) requires the Commission to
report its findings and recommendations to the Governor and General Assembly.
Effective Date: July 1, 2010 SB0855 Patient Centered Medical Home Program
SB 855 requires the Maryland Health Care Commission to establish a Maryland
Patient Centered Medical Home Program (Program) if the Commission concludes that
the Program is likely to result in the delivery of more efficient and effective
health care services and is in the public interest. In establishing the Program
the Commission shall adopt: Effective Date: July 1, 2010 [GO
TO TOP] [GO
TO BILL LIST] HB1369 Task Force to Study Standardizing and
Accountability of Introductory Courses in Higher Education in Maryland
HB 1369 creates a task force to study the feasibility of standardizing
introductory courses in higher education.
Effective Date: July 1, 2010 SB0674 Robert Kittleman Scholarship Reform Act
SB 674 would eliminate the Senatorial and Delegate Scholarship programs.
Effective Date: October 1, 2010 SB0708 Maryland Higher Education Business Coalition and
Fund
SB 708 would create the Maryland Higher Education Business Coalition and Fund
which would be used to promote partnerships between higher education
institutions and business entities. There is no specified revenue source for
this fund in the bill.
Effective Date: October 1, 2010 [GO
TO TOP] [GO
TO BILL LIST] HB0622 Health Care Malpractice - Noneconomic
Damages
HB 622 will raise the limit for noneconomic damages for personal injury or
wrongful death from $650,000 to $680,000 for cases arising between January 1,
2010 and September 30, 2010 and from $680,000 to $740,000 for cases arising on
or after October 1, 2010. The limitation on noneconomic damages will increase by
$15,000 on October 1 annually, beginning October 1, 2011. In a wrongful death
action where there are two or more claimants or beneficiaries, the maximum
amount of the award or verdict is increased to 150% of $740,000.
Effective Date: October 1, 2010 HB0824 Civil Actions - Immunity from Civil Liability -
Health Care Providers
HB 824 would provide immunity to health care providers and their agents who
detain or cause the arrest of any person if there is probable cause to believe
that person committed a theft of property of the health care provider or
obtained specified personal information without authorization.
Effective Date: October 1, 2010 HB1106 Criminal Law - Limited Immunity - Seeking Care or
Medical Assistance for a Vulnerable Adult
HB 1106 provides that a person who has permanent or temporary care or
responsibility for the supervision of a vulnerable adult and voluntarily seeks
care and medical assistance for the vulnerable adult may not be charged with or
prosecuted for a specified crimes if the evidence for the criminal prosecution
was obtained solely as a result of seeking care or medical assistance for the
vulnerable adult.
Effective Date: October 1, 2010 SB0553 State Government - Maryland Tort Claims Act -
Garrett County Physicians
SB 553 would include physicians that practice primarily in Garrett County as
state personnel under the Maryland Tort Claims Act when the physician is
providing prenatal or obstetrical services to an individual who is a resident of
the state and on medical assistance. The bill would remain effective for five
years from October 1, 2010 to September 30, 2015.
Effective Date: October 1, 2010 SB0769 Health Care Malpractice - Noneconomic
Damages
SB 769 will raise the limit for noneconomic damages for personal injury or
wrongful death from $650,000 to $680,000 for cases arising between January 1,
2010 and September 30, 2010 and from $680,000 to $740,000 for cases arising on
or after October 1, 2010. The limitation on noneconomic damages will increase by
$15,000 on October 1, annually beginning October 1, 2011. In a wrongful death
action where there are two or more claimants or beneficiaries, the maximum
amount of the award or verdict is increased to 150% of $740,000.
Effective Date: October 1, 2010 [GO
TO TOP] [GO
TO BILL LIST] HB0782 Department of Information Technology - Security of
Computer Systems
SB 782 would require the Secretary of Information Technology to develop and
adopt regulations on the security of computer systems of the government and
public education institutions.
Effective Date: October 1, 2010 HB0784 Criminal Injuries Compensation Notification - Law
Enforcement Agencies
HB 784 would require a law enforcement unit, after a crime or delinquent act
is reported, to provide written information to a victim of a violent crime about
rights, services, procedures and information about the Criminal Injuries
Compensation Fund.
Effective Date: October 1, 2010 HB0999 Watershed Protection and Restoration Act
HB 999 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.
Effective Date: July 1, 2010 HB1408 Stormwater Management - Regulations - Delay and
Adoption of New Regulations
HB 1408 delays the implementation of new stormwater regulations until May 4,
2012.
Effective Date: Emergency Measure HB1409 Stormwater Management - Development Projects -
Special Taxing Districts
HB 1409 allows for projects within a �special taxing district,� defined as an
area where property owners are subject to a fee by a community development
authority, to comply with stormwater regulations as they were in effect on May
3, 2010 if the special taxing district is (1) approved and recorded by a local
jurisdiction before May 4, 2015, or (2) issues the maximum principal amount of
bonds authorized by the local jurisdiction before May 4, 2015.
Effective Date: Emergency Measure SB0604 College and Career Readiness Act of 2010
SB 604 would require the Maryland State Department of Education to adopt a
definition of college and career readiness, and to adopt a common assessment and
benchmarks to show progress toward college readiness. The bill would also
require strategies and curricula to be developed and implemented to ensure
students are college-ready and are successful in college.
Effective Date: July 1, 2010 [GO
TO TOP] [GO
TO BILL LIST] HB0868 State Board of Pharmacy - Wholesale Distributors -
Accreditation and Reciprocity
HB 868 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 currently accredited by an
accreditation organization 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 shall comply with specified requirements. Wholesale distributors not
eligible for reciprocity are required to be accredited. The Board is required to
grant deemed status to a wholesale distributor that is accredited or has been
granted reciprocity by the Board.
Effective Date: October 1, 2010 [GO
TO TOP] [GO
TO BILL LIST] HB0713 Drug Schedules - Marijuana
HB 713 would change the classification on marijuana from a Schedule I
controlled dangerous substance to a Schedule II controlled dangerous substance.
Effective Date: October 1, 2010 [GO
TO TOP] [GO
TO BILL LIST] HB0271 Transportation - Public-Private Partnerships -
Notice to the General Assembly
HB 271 defines a public-private partnership (P3) arrangement and requires the
Maryland Department of Transportation (MDOT) to provide certain information to
the Budget and Taxation, Finance, Ways and Means, and Appropriations committees
and the Department of Legislative Services at least 45 days prior to issuing a
�public notice of solicitation� and at least 10 days prior to entering into a P3
arrangement. The bill does not apply to procurements, contracts, leases, or
agreements that MDOT routinely enters into to develop, operate, or maintain
transportation facilities. The bill requires MDOT to notify the General Assembly
of agreements with private entities under which the private entity assumes
exceptional new responsibility for the development, operation, financing, or
maintenance of a transportation facility.
Effective Date: June 1, 2010 HB0710 Blue Ribbon Commission on Maryland Transportation
Funding
HB 710 establishes a Blue Ribbon Commission on Maryland Transportation
Funding. The Maryland Department of Transportation (MDOT) and the Department of
Legislative Services (DLS) must provide staff support for the commission. The
commission must submit an interim report by January 1, 2011, and a final report
by January 1, 2012, providing findings and recommendations to the Governor and
the General Assembly.
Effective Date: July 1, 2010 HB0732 State Government - Priority Funding for
Transportation Projects for BRAC
HB 732 requires the Maryland Department of Transportation (MDOT) to include
in the list of Consolidated Transportation Program (CTP) priorities any capital
project that is needed to accommodate projected transportation needs resulting
from the final recommendations of the 2005 Defense Base and Realignment and
Closure (BRAC) Commission.
Effective Date: October 1, 2010
For more information, please contact: Mat
Palmer
Employment/Labor/Worker's Compensation
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
For more information, please contact:
Delora Sanchez
General Business
For more information, please contact: Mat
Palmer
For more information, please contact: Mat
Palmer
General Education
For more information, please contact: Delora
Sanchez
For more information, please contact:
Delora Sanchez
Geriatrics
The proposed membership of the Task Force includes one (1)
senator; one (1) member of the House of Delegates; the Secretaries (or
designees) of the Departments of Health and Mental Hygiene, Aging, and
Disabilities; the Maryland Insurance Commissioner; and the following members
appointed by the Governor:
One (1) representative each of the US
Department of Veteran Affairs and the Alzheimer�s Association, Greater Maryland
Chapter,
One (1) attorney who works with the disabled or elderly,
One (1)
physician currently conducting research in Alzheimer�s disease,
One (1)
health care professional with expertise in addressing racial and ethnic health
disparities,
One (1) psychologist or psychiatrist with expertise in
Alzheimer�s disease,
One (1) physician with expertise in end-of-life and pain
management,
One (1) RN with expertise in Alzheimer�s disease,
One (1) LPN
with expertise in end-of-life care and pain management,
One (1) individual
with early onset Alzheimer�s disease,
One (1) individual with early stage
Alzheimer�s disease, and
Two (2) family caregivers of individuals with
Alzheimer�s disease.
The Department of Health will staff the task force.
Charge to the task force includes:
1.) Examining population data in the
state for Alzheimer�s disease and related disorders.
2.) Surveying current
research on Alzheimer�s disease and related disorders.
3.) Assessing existing
services and resources and capacity for the state�s Alzheimer�s disease and
related disorders population including the cost and availability of heath care,
house and other support services, training requirements for long-term care
staff, and quality care measures for nursing homes.
4.) Making
recommendations regarding the steps the state should take in dealing with
Alzheimer�s disease and related disorders, including a review of long-term care,
family caregiver support and assistance to individuals with early onset and
early stage Alzheimer�s disease.
The task force will be in effect from
Oct 1, 2010 until Sept 30, 2012, at which time they will issue their findings
and recommendations.
For more information, please contact:
Sheila Higdon
Health Care
Administration
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
Health Care Occupations
For more information, please contact:
Delora Sanchez
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
For more information, please contact: Mat
Palmer
For more information, please contact: Mat
Palmer
For more information, please contact: Mat
Palmer
For more information, please contact: Mat
Palmer
For more information, please contact: Mat
Palmer
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: Kevin
Bowman
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: Kevin
Bowman
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:
Kevin Bowman
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: Kevin
Bowman
1) Standards qualifying a primary care
practice as a participant in the Program.
2) The payment method to be used by
a carrier to pay a participating patient centered medical home (PCMH) for
services associated with the coordination of covered health care services.
3)
Standards to be used to determine the bonus, fee based incentive, bundled fees,
or other incentives a carrier may pay to a participating PCMH based on the
savings from reduced health care expenditures by qualifying individuals
attributed to the participating PCHM.
4) Methods for attributing a patient to
a participating PCMH.
5) A uniform set of health care quality and performance
measures that the participating PCMH is to report to the Commission and to
carriers.
6) The enrollment form notifying carriers a qualifying individual
has voluntarily agreed to participate in the Maryland Program.
7) The process
for primary care practices to commence and terminate participate in the
Program.
In developing the standards referenced in #1 above, the
Commission must consider:
1) The use of health information technology,
including electronic medical records.
2) The relationship between the primary
care practice, specialists, other providers, and hospitals.
3) The access
standards for qualifying individuals to receive primary medical care in a timely
manner.
4) The ability of the primary care practice to foster a partnership
with qualifying individuals.
In developing the payment method the
Commission, in consultation with carriers and primary care practices,
shall:
1) Define the payment method used by a carrier to pay a
participating PCMH for services associated with the coordination of covered
health services.
2) Define the methodology for determining any bonus, fee
based incentive, bundled fees, or other incentives to be paid by a carrier to a
participating PCMH based on improvements in quality and efficiency.
The
bill also requires individuals to complete forms adopted by the Commission in
order to participate, or terminate participation in, the Program. Carriers
participating in the Program are also required to accept those forms as the sole
instrument for notification that a qualifying individual has voluntarily agreed
to participate or terminate participation in the Program.
The bill
requires the Commission to adopt regulations to establish the Program, provides
that a carrier may elect to participate in the Program, and requires prominent
carriers (other than Medicaid MCOs and defined as those reporting at least
$90,000,000 in written premiums for health benefit plans in the state in the
most recent Maryland Health Plan Benefit report submitted to the Insurance
Commissioner) to participate in the Program. It also authorizes the Department
of Health to require MCOs to participate as allowed by law, and subject to the
limitations of the state budget. It permits the Commission to authorize a
carrier to implement a single carrier Program, and it does not limit or prohibit
a carrier from providing a bonus, fee based incentives, bundled incentives or
other incentive-based compensation.
In addition, the bill stipulates that
a carrier participating in the Program may:
1) Pay a PCMH for services
associated with coordination of covered services to qualifying
individuals.
2) Pay a PCMH provider a bonus, fee paid incentive, bundled fees
or other incentives as approved by the Commission.
3) Share medical
information about a qualifying individual participating in the PCMH with the
qualifying individual�s PCMH and other treating providers rendering care to that
individual.
The bill requires the Commission to retain a consultant to
conduct an independent evaluation of the effectiveness of the Program in
reducing health care costs and improving health care outcomes, and authorizes
the Commission to include any single carrier PCMH program in that evaluation.
The findings of the evaluation are due December 1, 2014, and the Commission is
directed to consider the following in the evaluation:
1) Improvements in
health care delivery
2) Satisfaction of qualifying individuals and primary
care practices
3) The impact of health care expenditures resulting from the
Program
For more information, please contact: Sheila
Higdon
Higher
Education/Financial Aid
For more information, please contact: Mat
Palmer
For more information, please contact: Mat
Palmer
For more information, please contact: Mat
Palmer
Medical
Liability/Tort Reform
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
Miscellaneous
For more information, please contact: Mat
Palmer
For more information, please contact:
Delora Sanchez
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.
For more information, please contact: Matt
Greenwood
For more information, please contact:
Matt Greenwood
For more information, please contact:
Matt Greenwood
For more information, please contact: Mat
Palmer
Prescription Drugs
For more information, please contact:
Delora Sanchez
Research/Human Subject
For more information, please contact:
Delora Sanchez
Transportation
For more information, please contact: Mat
Palmer
For more information, please contact: Mat
Palmer
For more information, please contact: Mat
Palmer
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Legislative Session Office
47 State Circle, Suite 203
Annapolis, MD
21401
410-269-0057
fax 410-269-1574
| Kevin Bowman | [email protected] |
| Mickey Geisler | [email protected] |
| Matt Greenwood | [email protected] |
| Sheila Higdon | [email protected] |
| Tom Lewis | [email protected] |
| Mat Palmer | [email protected] |
| Delora Sanchez | [email protected] |
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