Both the Senate and House budget committees held hearings last week on the BRFA bill, which includes provisions that would significantly reduce funding to the Sellinger Aid Program and Cigarette Restitution Fund (CRF). Representatives from our office joined with other independent institution presidents, faculty, and representatives to testify in opposition to any further reductions in the Sellinger program, and to ask that Sellinger funding be restored to a more equitable level in comparison to the other segments of higher education. We also testified in opposition to Senators Brinkley and Pipkin�s minority-party BRFA legislation which would have excluded Johns Hopkins from the Sellinger Aid program.


Budget Decisions Delayed

The Senate and House have both delayed their budget decisions by one week, in order to see the new state revenues estimates being released late this week. The Senate was scheduled to begin budget decisions on Monday, March 8th, but that will now be delayed until March 15th.


Cuts to Hospital Rates

As introduced, the Governor�s FY 2011 budget included a cut of $123 million to hospital rates, but did not contain any specifics as to the implementation of those reductions. On Tuesday, the Budget and Taxation Committee held a hearing with representatives from the Department of Health and Mental Hygiene (DHMH), the Health Services Cost Review Commission (HSCRC), and hospitals to discuss how this cut could be achieved. DHMH and HSCRC reported on their plan to take this reduction in an equal amount from hospitals and payors, with each group shouldering approximately $61.5 million of the burden. This would be done through an assessment on the hospitals, and would allow for the cut to be taken without giving up any federal subsidies. Hospital representatives agreed that an assessment was the preferable mechanism for the reduction. However, the committee was asked to consider directing the Department to increase the rates and thereby allow the entire $123 million to be borne by the payors. Each hospital representative spoke about the hardship which they are facing with ever decreasing reimbursements and ever increasing utilization. Both DHMH and HSCRC stated that they were opposed to the hospitals� suggestions. The committee will be making decisions on these reductions in the next two weeks.


Nurse Practitioner Legislation

Last week the Senate Education, Health & Environmental Affairs Committee heard legislation proposing to eliminate a currently-mandated delegation agreement between nurse practitioners and physicians. Although the formation of a workgroup was anticipated following the House hearing on this issue, it has yet to be established. Indications are that it will instead be lead by the Senate. The Maryland Hospital Association, after considering responses to specific questions by both the Nurse Practitioners and Med-Chi, have maintained their decision to take �no position� on the bill, and have offered to continue working with both groups toward a resolution.


Cancer Center Director visits Annapolis

Bill Nelson spent a morning in Annapolis last week meeting with key legislators to shore up continued support for the cancer research grant program which is funded through CRF. Because of the state�s precarious fiscal situation, funding for the current fiscal year has been cut by 75%. Funding at that level for the next two fiscal years has been proposed by the Governor. We have expressed understanding that reductions must be made, but emphasized that these cuts are painful and ask that the program be restored to full funding when the state�s fiscal situation rebounds.


Freestanding Medical Facilities - Hospital Rates

Companion bills that would require HSCRC to set rates for the two freestanding Emergency Department (ED) pilot projects (one in Montgomery County affiliated with Shady Grove/Adventist Hospital, and one still under construction in Queen Anne�s County and affiliated with the University of Maryland Medical System) have been heard in the House and Senate health committees.

At both hearings, HSCRC and the Maryland Health Care Commission (MHCC) were the only opponents, citing concerns that if passed the legislation will result in a proliferation of such facilities throughout the state, and will generate significant increases in health care costs. An MHCC report on the existing pilot has confirmed that the facility tends to treat lower acuity patients, the new center has increased the growth in ED visits in that area, the vast majority of visits are from walk-in patients (as opposed to those transported by ambulance), and the case-mix adjusted charges are very high.

MHCC and HSCRC are working with legislators to resolve the short term issues related to access to care in the areas where these facilities reside. Rex Cowdry reiterated that there is a dilemma because such centers do not offer the most cost effect delivery of care, and their establishment cuts against the state�s current direction toward such models as patient centered medical homes. He also expressed concern over process issues since these two centers did not go through the CON process; MHCC will be considering a process for any future proposed centers.

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BILLS INTRODUCED

Employment/Labor/Worker's Compensation

HB1246 Labor and Employment - Maryland Wage and Hour Law - Damages

HB 1246 specifies that an employee entitled to recovery from an employer due to a violation of the Maryland Wage and Hour Law must be awarded counsel fees, interest on the amount of recovery, and other costs. 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

HB1272 Maryland Family and Medical Leave Act

HB 1272 requires employers in the state that are subject to the federal Family and Medical Leave Act (FMLA) of 1993 to provide to an employee eligible under FMLA, in addition to leave for a spouse, son, daughter, or parent, leave for the eligible employee's brother, sister, grandparent, grandchild, or domestic partner, and the son or daughter of the eligible employee's domestic partner. An eligible employee who takes leave provided under the Act is entitled to the same protections and rights under FMLA, including protection from discrimination, interference, the right to reinstatement and continuation of health care benefits.

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

HB1295 Workers' Compensation - Uninsured Employers' Fund - Uninsured Employer Assessments

HB 1295 increases the penalty assessment paid to the Uninsured Employers� Fund (UEF) when the Workers� Compensation Commission (WCC) awards a claim against an uninsured employer. The penalty assessment against the uninsured employer increases to at least $500 but not more than $1,000, as well as 15% of any award made in the claim, up to $5,000 in any one claim.

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

HB1296 Living Wage - Nonprofit Organizations - Applicability

HB 1296 removes the nonprofit exemption from state service contracts, and requires that the state contracts living wage requirements for services apply to contracts with nonprofit organizations.

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

HB1318 Workers' Compensation - Death Benefits - Dependency

HB 1318 changes the calculation of benefits paid by employers or insurers to surviving spouses, children, and other dependents to replace income lost when a person dies due to a work-related accident or occupational disease.

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

HB1320 Courts - Jury Service - Employer Compensation

HB 1320 requires an employer to provide compensation to an employee as a result of jury duty service. The employer is required to provide compensation for each day of service or prospective service as a juror based on the amount of the employee�s average daily compensation from the employer, less any state or local supplement paid to the employee for jury duty service.

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

SB0300 Unemployment Insurance - Contributions - Installment Payment Option

SB 300, an emergency bill, requires the Department of Labor, Licensing, and Regulation (DLLR) to allow all employing units the option to pay the total unemployment contributions due in calendar 2010 in monthly or quarterly installments throughout the year. The bill applies to all employer contributions required to be paid beginning January 1, 2010. DLLR must notify employers of payment options within 20 days of enactment of the bill.

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

SB0608 Workers' Compensation - Temporary Total Disability - Incarcerated Employees

SB 608 establishes that an employer, or its insurer, is not liable for the payment of temporary total disability compensation under the state�s workers� compensation laws when the covered employee to whom benefits are otherwise due is incarcerated, unless the employee participates in a work release program. An employer or insurer must resume payments when the employee is released if the employee is still entitled to receive temporary total benefits.

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

SB0609 Workers' Compensation - Temporary Total Disability Benefits - Credit

SB 609 allows an employer, or its insurer, to receive a credit against any future permanent disability award for compensation paid to a covered employee who is temporarily totally disabled due to an accidental personal injury or occupational disease if medical treatment for the employee is delayed or suspended solely because of an injury, medical condition, or disease that is not related to the accidental personal injury or occupational disease.

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

SB0610 Workers' Compensation - Jurisdiction Pending Appeal - Proposed Settlement

SB 610 allows the Workers� Compensation Commission (WCC) to retain jurisdiction pending an appeal to consider a proposed settlement of a claim.

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

SB0612 Unemployment Insurance - Filing for Benefits - Notification

SB 612 requires the Secretary of Labor, Licensing, and Regulation to adopt regulations regarding the content of the notification to individuals who may be eligible for additional unemployment insurance (UI) benefits under the Extended Benefit program (EB). The regulations must require the notification to state that the individual has exhausted regular benefits and may be eligible for extended benefits, and that the individual must file a claim for extended benefits by contacting the Unemployment Insurance Division in a timely fashion. If the Secretary determines that individuals are unable to file a claim in a timely fashion because of call volume, an individual must be given at least 21 days to file an extended claim.

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

SB0675 Unemployment Insurance - Exemption from Covered Employment - Small Business Directors, Officers, and Members

SB 675 exempts from unemployment insurance (UI) coverage work performed for monetary compensation by a director or officer of a corporation or a member of a limited liability company (LLC) that employs 50 or fewer employees.

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

SB0694 Labor and Employment - Wage Payment and Collection Law - Definition of Wage

SB 694 clarifies that the definition of Wage in the Wage Payment and Collection law includes overtime wages. Wage includes a bonus, a commission, a fringe benefit, overtime wages or any remuneration promised for service. Allows employees to recover treble damages on claims for failure to pay overtime (more than the maximum of double damages available under FLSA).

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

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General Business

SB0807 Electricity Market - Goal of the State - Best Possible Price for Ratepayers Through Reregulation

SB 807 would state in the Maryland statute that it is the intent of the General Assembly to move to a "REGULATED ELECTRICITY MARKET FOR THE RESIDENTIAL AND SMALL COMMERCIAL CUSTOMER" as soon as possible.

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

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General Education

HB0466 Governor's P-20 Leadership Council of Maryland

HB 466, an administration bill, codifies the Governor�s P-20 Leadership Council of Maryland, which is primarily charged with aligning pre-kindergarten through postsecondary education and ensuring that Maryland will produce and maintain a competitive workforce. The bill establishes the membership of the council, and adds two members of the House of Delegates and two members of the Senate of Maryland to the existing council. Members of the executive committee that directs the council�s work must provide primary staff support for the council. An annual report of the council�s work and any recommendations are due by December 15 of each year to the Governor and the General Assembly.

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

HB0952 Great Preschools Tax Credit Program

HB 952 will allow an individual or corporation to claim a credit against the state income tax for contributions to certain scholarship-granting organizations. The total tax credit allowed may not exceed 50% of the state income tax liability for that year. If it exceeds 50%, any unused credit may be carried forward and applied for succeeding taxable years for up to 3 years.

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

HB1197 Maryland Afterschool and Summer Learning Activity Program - Income Tax Checkoff

HB 1197 establishes the Maryland Afterschool and Summer Learning Activity Program and Fund to provide grants to organizations that serve K-12 public school students. The bill also establishes a Maryland Afterschool and Summer Learning Activity Fund "checkoff" on the individual income tax return form, allowing an individual or spouse to provide contributions to the Maryland Afterschool and Summer Learning Activity Program Fund.

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

HB1263 Education Reform Act of 2010

HB 1263, an administration bill, will extend the probationary period of employment for a certificated employee in a public school system from two (2) to three (3) years from the date of employment. The county board is required to annually evaluate a nontenured certificated employee and, if the employee is not on track to qualify for tenure at the end of the first or second year, a mentor and/or professional development will be assigned to the employee. The bill requires that performance evaluations for a certificated teacher or principal include data on student growth as a significant component of the evaluation. The bill authorizes a highly effective teacher or principal working in a public school, identified in the state�s Race to the Top application as a school in the lowest achieving 5% of Title I schools, to receive a stipend from the state in an amount determined by the State Board, contingent on the receipt of federal Race to the Top grant funds.

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

HB1312 Education - Maryland Center for School Safety

HB 1312 creates the Maryland Center for School Safety at Bowie State University (BSU) to serve as a central location in the state for school safety information and as a resource for the prevention of youth violence. By October 1 of each year, the center�s board of directors must submit an annual report. BSU must provide appropriate staff for the center.

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

HB1371 Public Schools - Student Gang Activity - Records and Reporting

HB 1371 requires a public school to maintain a record of each individual a public official has determined to be a school gang member and the incident that precipitated the determination. If an individual identified as a school gang member is a student enrolled in a public school, the record must be part of the individual�s permanent school record and reported to each of the individual�s teachers. In addition, it may be reported to a law enforcement unit. If an individual identified as a school gang member is not a student enrolled in a public school, the record must be reported to a law enforcement unit.

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

SB0540 Child with a Disability - Individualized Education Program

SB 540 requires that at least 5 days before a scheduled meeting regarding an individualized education program for a child with a disability, school personnel are to provide a copy of each assessment report, data chart, and draft individualized education program to the parents of the child. After the meeting, school personnel must provide the parents with a copy of the completed individualized education program or a draft copy if it has not been completed within 5 days.

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

SB0557 Education - Alternate Maryland School Assessment - Review and Revision

SB 557 requires the Maryland State Department of Education (MSDE) to review and revise the Alternate Maryland School Assessment (Alt-MSA) by July 1, 2011. By October 1, 2011, MSDE must report to the Governor; the House Committee on Ways and Means; and the Senate Education, Health, and Environmental Affairs Committee regarding the review.

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

SB0659 Education - Immunizations - Children Entering Seventh Grade or Higher

SB 659 requires Department of Health and Mental Health (DHMH) immunization regulations to include the requirement that parents or legal guardians of a child born on or after January 1, 1990, entering seventh grade or the equivalent on or after September 1, 2010, have administered to the child a booster immunization containing diphtheria and tetanus toxoids and an acellular pertussis vaccine.

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

SB0738 Education - Public Charter School Facilities - Financing

SB 738 establishes the Public Charter School Facilities Debt Reserve Fund to enhance the ability of public charter schools to finance the construction, purchase and renovation of public charter school facilities. The fund is to be used only to provide leverage to encourage financing of public charter school facilities, serve as a security for bonds, and serve as a debt service guarantee for bonds.

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

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Health Care Facilities

SB1075 Health Services Cost Review Commission - Membership

SB1075 revamps the Health Services Cost Review Commission (HSCRC) by
requiring members to be fully employed to serve on the Commission, increases the number of Commissioners from seven to nine, and requires that of those nine, at least three shall represent the interests of hospitals in the state and three represent the interests of payors. The bill also requires the Governor, when appointing Commission members, to assure geographic and demographic balance. The bill also stipulates that user fees assessed by the HSCRC will be used to pay the salaries of the members.

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

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Health Care Occupations

HB1252 Physicians - Professional Liability Coverage - Requirements

HB 1252 requires that a physician performing outpatient surgical services in a freestanding ambulatory care facility maintain certain amounts of medical professional liability insurance, or attest that the physician is covered by the Federal Tort Claims Act or the Maryland Tort Claims Act.

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

HB1253 Physicians - Professional Liability Coverage - Proof and Notification

HB 1253 requires that, as a condition for licensure or at any other time by request of the Board of Physicians, a physician performing outpatient surgical services in a freestanding ambulatory care facility provide verification or other documentation of professional liability insurance or proof of coverage by the Federal Tort Claims Act or the Maryland Tort Claims Act. The bill also requires that physicians licensed to practice medicine in the state provide patients in writing and on each visit information relating to professional liability insurance or coverage.

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

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Health Insurance/Health Care Access

HB1093 Health Insurance - Clinically Integrated Organizations

HB 1093 authorizes insurers, nonprofit health service plans, health maintenance organizations (HMOs), and managed care organizations (carriers) to pay a �clinically integrated organization� or its members for the coordination of covered services to qualifying individuals. Carriers are further authorized to a pay clinically integrated organization or its members specified incentives to promote the efficient, medically appropriate delivery of covered medical services to qualifying individuals. Finally, the bill requires carriers to share medical information about covered individuals with a clinically integrated organization and its members under certain circumstances.

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

HB1101 Insurance - Unfair Claim Settlement Practices - Third-Party Claims

HB 1101 expands the scope of unfair claim settlement practices by an insurer or nonprofit health service plan to include failing to act in good faith with respect to settling a third-party property and casualty insurance claim. The bill also expands the circumstances under which an unfair claim settlement practice, with the frequency to indicate a general business practice, is considered to have been lacking good faith. The bill�s provisions relating to administrative penalties and license sanctions that may be imposed by the Insurance Commissioner apply prospectively to an act or omission occurring on or after October 1, 2010.

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

HB1127 Health Insurance - Coverage for the Treatment of Bleeding Disorders

HB 1127 would add the expenses incurred for persons with blood disorders to the list of mandated benefits in the individual and small group market which must be covered by all carriers.

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

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Health, General/Public/Environmental

HB1105 Income Tax - Subtraction Modification - Health Improvement and Disease Prevention Act of 2010

HB 1105 (1) provides a subtraction modification under the Maryland income tax for specified health- and fitness-related expenses, (2) limits the amount of expenses that specified taxpayers may subtract from federal adjusted gross income, (3) requires the Comptroller in cooperation with the Department of Health and Mental Hygiene to adopt regulations and report to the General Assembly, and (4) applies the Act to tax years after 2010.

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

HB1282 Vehicle Laws - Protective Headgear Requirement for Motorcycle Riders - Exceptions

HB 1282 (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 2 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
For more information, please contact: Kevin Bowman

HB1390 Tobacco Use Prevention and Cessation Program and Cancer Prevention, Education, Screening, and Treatment Program - Funding

HB1390 requires the Governor to include additional funding for components of the Cigarette Restitution Fund program (CRF), including the tobacco cessation programs and the research grants to the academic health centers. Under current law, the University of Maryland receives grants for cancer research, for tobacco-related diseases research, and for a network grant. The proposed legislation would permit redistribution of the funds among those specific grants, essentially allowing the University flexibility in the use of those funds.

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

HB1430 Student Health and Fitness Act

HB 1430 (1) requires that a public school student in kindergarten through grade 5 be provided a daily program of physical activity totaling at least 150 minutes of physical activity each week, including at least 90 minutes of physical education, (2) requires that the program of physical activity for a specified category of student be consistent with a specified plan for the student, and (3) requires public elementary schools to designate a specified group to plan and coordinate specified activities.

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

HB1513 Drunk and Drugged Driving with Child in the Vehicle - Retention of Child by Child Care Providers

HB 1513 (1) authorizes an employee of a child care center or a person providing care at a family day care home to refuse to allow a person to leave the property of the center or home in a vehicle with a child if the child care provider has a reasonable belief that the person is under the influence of alcohol or drugs and it is unsafe for the person to drive, and (2) makes it a felony for a person to drive or attempt to drive a vehicle while under the influence of alcohol or under the influence of alcohol per se and while transporting a minor.

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

SB0353 Environment - Brominated Flame Retardants - Decabrominated Diphenyl Ether - Prohibition

SB 353 prohibits manufacturing, processing, selling, or distributing new products (or flame-retardant parts of new products), on or after January 1, 2011, that contain a specified amount of decabrominated diphenyl ether. 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

SB0989 Health - Clean Indoor Air Act - Electronic Smoking Devices

SB 989 (1) prohibits a person from smoking an electronic smoking device in specified places, (2) requires the Department of Health and Mental Hygiene to adopt regulations that prohibit smoke from an electronic smoking device in specified indoor areas, and (3) specifies that provisions of law do not preempt a county or municipal government from adopting specified measures regarding involuntary exposure to smoke from an electronic smoking device.

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

SB1003 Income Tax - Subtraction Modification - Health Improvement and Disease Prevention Act of 2010

SB 1003 (1) provides a subtraction modification under the Maryland income tax for specified health- and fitness-related expenses, (2) limits the amount of expenses that specified taxpayers may subtract from federal adjusted gross income, (3) requires the Comptroller in cooperation with the Department of Health and Mental Hygiene to adopt regulations and report to the General Assembly, and (4) applies the Act to tax years after 2010.

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

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Medical Liability/Tort Reform

HB1157 Health Care Malpractice - Limitation on Noneconomic Damages

HB 1157 will decrease the limitation on noneconomic damages in health care malpractice claims arising on or after October 1, 2010 from $680,000 to $500,000 with annual $15,000 increases beginning October 1, 2011.

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

HB1166 Health Care Malpractice - Awards and Judgments - Periodic Payments

HB 1166 requires periodic payments of certain damages in excess of $100,000 and establishes procedures and requirements for the payment periodic payments with annuities.

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

SB0358 Health Care Malpractice - Expression of Regret or Apology - Inadmissibility

SB 358 amends current law prohibiting the admission of an expression of regret or apology made by or on behalf of a health care provider as evidence of an admission of liability or a statement against interest. The bill repeals the exception to the prohibition that permits evidentiary use of an admission of liability or fault that is part of, or in addition to, communication of an expression of regret or apology. The bill applies prospectively and does not apply to any cause of action arising before October 1, 2010.

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

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Minority Health Disparities

HB1459 Maryland Medical Assistance Program - Analysis and Reduction of Racial and Ethnic Health Care Disparities

HB1459 requires the Secretary of Health and Mental Hygiene to require staff of the Medical Assistance Program to work with the Office of Minority Health and Health Disparities to carry out an analysis by race and ethnicity of the health care utilization patterns and quality indicators relating to program enrollees. The bill also requires staff to jointly develop strategies and provide guidance to managed care organizations and program providers to reduce any racial and ethnic health disparities, and to promote equity across health care quality indicators for all enrollees. Staff will be required to analyze the cost of disparities among program enrollees and the potential benefits of investing in the reduction of disparities. A report on the analyses will be due to the Governor and General Assembly by January 1, 2011, and subsequently every two years.

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

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Miscellaneous

HB1248 Civil Rights Tax Relief Act

HB 1248 will allow an individual a subtraction modification under the Maryland income tax for payments received by a claimant for noneconomic damages as a result of a claim of unlawful discrimination.

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

HB1297 Criminal Procedure - Criminal Injuries Compensation Board - Delegation of Contested Claims to Office of Administrative Hearings

HB 1297 prohibits a member of the Board from receiving compensation or reimbursement to attend a contested hearing before the Office of Administrative Hearings (OAH). The bill transfers the authority of the Criminal Injuries Compensation Board (CICB) to the Office of Administrative Hearings (OAH) to hear contested criminal injuries compensation claims.

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

SB0634 Transportation - Maryland Emergency Medical System Operations Fund - Transport by Privately Owned Helicopter

SB 634 authorizes the use of the Maryland Emergency Medical System Operations Fund (MEMSOF) for the reimbursement of private helicopter companies for the transport of patients from the scene of an out-of-hospital medical emergency to a health care facility under specified conditions. The Emergency Medical Services (EMS) Board must adopt regulations and protocols for the dispatch and reimbursement of private helicopter companies to support the medically oriented functions of the Maryland State Police Aviation Command (MSPAC).

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

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Prescription Drugs

HB0918 Prescription Drug Monitoring Program

HB 918 will establish a Prescription Drug Monitoring Program within the Department of Health and Mental Hygiene (DHMH). The mission of the program is to assist prescribers, dispensers and law enforcement with the identification, investigation, treatment, and prevention of prescription drug abuse and diversion. The program will monitor the prescribing and dispensing of all Schedule II-V controlled dangerous substances by all prescribers and dispensers in the state. Prescribers are defined as a licensed health care professionals authorized to prescribe a monitored prescription drug. Dispensers are defined as a person authorized to dispense a monitored prescription drug. Dispensers do not include a licensed hospital pharmacy that only dispenses a monitored prescription drug for direct administration to an inpatient of the hospital. The program will be designed to be compatible with the requirements of a health information exchange for the electronic submission and disclosure of prescription drug monitoring data. The bill creates an advisory board on prescription drug monitoring within DHMH to make recommendations to the Secretary of DHMH regarding the design and implementation of the program including regulations, legislation, and funding. The board will provide an annual report to the Governor and General Assembly on the impact of the program on patient access, pharmaceutical care and prescription drug abuse and diversion including recommendations related to modification or continuation of the program. A prescriber or dispenser who knowingly fails to submit information to the program as required is subject to a civil penalty of not more than $500 for each failure to submit, actual damages and reasonable attorney fees for knowingly violating any provision, and disciplinary action by the appropriate licensing entity for knowingly disclosing or using program data in violation of the bill. An authorized recipient that knowingly discloses or uses program data in violation of the bill is guilty of a misdemeanor and subject to imprisonment not exceeding 1 year and/or a fine not exceeding $10,000.

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

HB1180 Prescription Confidentiality Act

HB 1180 prohibits patient- or prescriber-identifiable information from being licensed, transferred, used, or sold for any commercial purpose by a pharmacy benefits manager; carrier; electronic health network; retail, mail order, or internet pharmacy; or authorized prescriber. The bill does not apply to the license, transfer, use, or sale of prescription information for the purpose of pharmacy reimbursement, formulary compliance, utilization review, or health care research approved by an institutional review board.

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

HB1387 Health Occupations - Pharmacists - Disposal of Unused Prescription Drugs ("Operation Take-back")

HB 1387 would require prescription drug containers, with the exception of prescription drugs in inpatient hospitals and related institutions, to be labeled with a notice advising the consumer of the proper disposal of any unused prescription drugs in the container. Pharmacists are required to develop a program for disposal of unused drugs and include an information sheet for disposal of unused drugs with each prescription drug dispensed. Pharmacists are also required to provide a container into which the consumer may deposit unused drugs for disposal by the pharmacy.

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

SB0370 Pharmacies - Delivery of Controlled Dangerous Substances

SB 370 requires an adult to sign for the residential delivery of a prescription drug that is a controlled dangerous substance.

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

SB0662 Prescription Drugs - Controlled Dangerous Substances - Certification of Information on Delivery

SB 662 requires a pharmacy, delivering a prescription drug labeled a controlled dangerous substance to a patient or to the agent of the patient, to endorse a delivery form approved by the State Board of Pharmacy certifying that (1) the recipient is at least 18 years old, (2) documentary proof of the recipient�s age has been provided, and (3) the recipient is the patient or the agent of the patient. Subsequently, each delivery form must be submitted to the board. Out-of-state pharmacies must also comply with these provisions. The board must adopt regulations to carry out the bill�s provisions.

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

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Research/Human Subject

HB1145 Criminal Law - Salvinorin A and Salvia Divinorum - Distribution to and Possession by Individual Under 21 Years of Age

HB 1145 prohibits the distribution and possession of Salvia divinorum to an individual under the age of 21. The bill does not preempt any local or municipal law currently regulating the use, possession, or distribution of Salvinorin A or a derivative of Savia divinorum or Salvinorin A. The bill�s provisions expressly do not prohibit an accredited academic or medical institution or research facility from conducting research on Salvia divinorum or Salvinorin A.

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


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