����������� FINAL REPORT
2010 SESSION OF THE
MARYLAND GENERAL ASSEMBLY
Volume 16, Number 10��������������������������������������������������������������������� ����������������������������������������������������������� ����������� ��������������������������������������������������������������������������������������������� November 2, 2010
The Maryland General Assembly (MGA)
adjourned sine die at midnight on April 12th.�
Again this session, which was the final session of the four year term,
the Governor and General Assembly were faced with balancing the budget in a
year when revenues did not meet initially projected levels. Measures were taken
to address the shortfall and constrain spending in FY 2011 and beyond, although
some of the more controversial remedy options were deferred pending further
study.� The enacted FY 2011 operating
budget of $32 billion includes a reduction of roughly two percent in spending
over the FY 2010 budget.� The 2011
session promises another 90 days of difficult budget decisions as workgroups
and task forces bring their recommendations on cost containment in the areas of
teacher pensions, state employee retirement and health care costs, and aid to
local government.��
Along
with the work on the budgets, legislators filed over 2,700 bills this
session.� More than 500 of those bills
required active monitoring as legislators deliberated major policy decisions
affecting Johns Hopkins in a variety of areas including higher education,
health care, operating and capital budgets, general education, business,
workplace and the environment.�
�
To view the
legislative information below, click on the subject of interest to go directly
to that area or scroll down to view the entire document.� Background and summary information is
provided for each subject area followed by details on the bills that passed of
interest to Johns Hopkins.� All of these
bills have been signed into law by Governor O’Malley.
BILLS
INTRODUCED
STAFF CONTACT INFORMATION
Johns Hopkins
Medicine
The legislature
adopted a capital budget program totaling $3 billion (with $1.54 billion in
newly authorized general obligation bonds) including the Governor’s
proposed FY 2011 appropriations of $7.5 million for Johns Hopkins Medicine.� Specifically, the appropriations include $5
million for the Pediatric Trauma Center (PTC) housed in the Charlotte R.
Bloomberg Children’s Center, and $2.5 million for the Sheikh Zayed bin Sultan Al Nahyan
Cardiovascular and Critical Care Tower (CCCT).��
The PTC appropriation completes the state’s $50 million commitment
for that component of the project.� The
final $5.5 million of the $50 million commitment for the CCCT is included in
the Governor’s FY 2011 five-year proposed Capital Improvement Plan
(CIP).�� That $5.5 million will bring the
total amount of state support for the NCB to $100 million, the full amount
requested by Johns Hopkins.�
Maryland Independent Colleges and Universities
Association
The Governor proposed
reducing the MICUA capital grant program by 50 percent, or $4 million.
After deliberations, the General Assembly restored the program to $8 million,
and approved appropriations of $3 million to Goucher
College for the Julia Rogers Library renovation, $2 million to Hood College for
the heating infrastructure replacement project, and $3 million to Stevenson
University for a gymnasium renovation project.
|
Maryland Hospital Association Capital Grant
Program |
$5 million |
|
|
Sinai Hospital |
Operating Room
Expansion |
$425,000 |
|
University
Specialty Hospital |
Oxygen Storage
Facility Addition |
$455,000 |
|
Carroll Hospital
Center |
Access Carroll
Program |
$700,000 |
|
Union Hospital |
Surgical Suite
Renovation |
$2,000,000 |
|
Civista Medical Center |
Laboratory Services
Expansion |
$165,000 |
|
Harford Memorial
Hospital |
Medical/Surgical
Inpatient Expansion |
$1,105,000 |
|
Peninsula Regional
Medical Center |
Post-partum and
Nursery Renovation |
$240,000 |
|
|
|
|
|
Other Capital Projects of Interest |
|
|
|
East Baltimore
Biotechnology Park |
|
$5 million |
|
University of
Maryland Medical System Shock Trauma Expansion |
$10 million |
|
|
Kennedy Krieger
Institute Inpatient Clinical Research Center |
$2 million |
|
|
Sinai Hospital
Samuelson Children’s Hospital at Sinai���������� |
$2.5 million |
|
Operating Budget
The enacted FY 2011
operating (federal, state, general and special funds) budget, at $32 billion,
is about $300 million less than the FY 2010 budget.� With about $13.2 billion in state general
funds, it includes about two percent less spending than in FY 2010.
Through a combination of actions including revenue increases and spending
reductions, the Governor and General Assembly closed the FY 2011 general fund
deficit and reduced the projected structural deficit in out years.� Among the cost containment actions are a
reduction in the number of state employee positions, holding state personnel
expenses to FY2011 levels, limiting the K-12 education formula increases by one
percent, and constraining higher education spending.� Federal stimulus funding is integral to the
FY 2011 budget, especially in the areas of Medicaid and K-12 education
funding.�� Areas of the budget that have
particular impact on Johns Hopkins include:
Sellinger Aid Program
After intensive
lobbying by Johns Hopkins and all of the MICUA institutions, the total funding
for the Sellinger Aid Program was increased from the
Governor’s appropriation of $30.0 million to $38.4 million for FY 2011,
which funds the program at the FY 2010 level. The General Assembly
resisted a number of suggested changes to the Sellinger
Aid formula which would have adversely impacted Johns Hopkins. Efforts of
JHU leadership were instrumental in achieving this outcome. Johns
Hopkins’ funding will increase from $16.2 million to $16.6 million, due
to increased enrollment.
The final budget also
adjusts the Sellinger multiplier upward beginning in
FY 2013, increasing through FY 2021 to restore the program to a full funding
level of 15.5% by FY 2021.
Cigarette Restitution
Fund (CRF)
The Johns Hopkins
Cancer Research Grant for FY 2011 was funded at $400,000, the same as the FY
2010 level, after the Board of Public Works’ mid-2009 reductions.
Through the Budget Reconciliation and Financing Act (BRFA) provisions, funding
for this program will remain the same in FY 2012. In FY 2013 and beyond
the funding is scheduled to return to the statutory level of $2.5 million.
In separate action,
leadership of the House Appropriations and the House Health and Government
Operations Committees have expressed their intent to reassess the entire CRF
program over the interim to determine if changes are necessary to the ten-year
old program. They have asked Johns Hopkins to work with them in this
process.
Stem Cell Research
Fund
The Governor proposed
$12.4 million for this program in FY 2011, a reduction of $3 million from the
FY 2010 appropriation. Although the Senate proposed reducing the program
by fifty percent, the House concurred with the Governor’s proposal.
Negotiations between the two chambers resulted in a final appropriation of $10
million.
Biotechnology Tax
Credit Program
The Biotechnology Tax
credit was increased to $8 million by the legislature for FY 2011.
Although this credit has traditionally been funded at $6 million, the
legislature mandated that $2 million of Stem Cell Research Fund money be
appropriated to increase the Biotechnology Tax Credit for one year.
Medicaid Budget
The fiscal 2011
Medicaid budget totals almost $6.2 billion. The major driver to growth in the
Medicaid budget continues to be enrollment which grew from just over 500,000
members in 2008 to nearly 700,000 in 2010. Contributions to this enrollment
increase are a result of the Maryland health care reform expansion of Medicaid
to parents that began in July 2008, and the deteriorating economy.�� The FY 2011 budget includes very little
increase aside from those required to support this enrollment growth, although
it does include a 5.4% rate increase ($70 million) for Managed Care
Organizations (MCO).�
The budget also
contains numerous cost containment measures, most notably a hospital Medicaid
reimbursement reduction of $123 million.�
Although the Governor’s proposed budget did not include details on
the implementation of this cut, the HSCRC initially recommended a 50/50 split
between the hospitals and payors. The Maryland
Hospital Association, along with leaders from Johns Hopkins, the University of
Maryland and MedStar made a strong case for
reconsideration because of hospital financial conditions.� Ultimately the HSCRC ruled that the reduction
will be split between the hospital and payor
communities, with 70% of the reduction coming from higher rates to payors, and 30% coming from an increased assessment on
hospitals.
A key assumption in
the fiscal 2011 budget is that the enhanced federal matching rate available
under the federal American Recovery and Reinvestment Act of 2009 (ARRA) will
continue until the end of fiscal 2011 rather than expire December 31,
2010.� This assumption saves $389 million
in general funds and the extension is currently being debated by Congress.
HealthChoice Program
The Governor’s
proposed budget included continuation of a $5 million incentive to fund MCOs
that provide services on a statewide basis. Although the Senate concurred
with the Governor’s proposal, the House considered cutting the bonus by
fifty percent as a cost-containment measure. Such an action would have
had a serious impact on the only two MCOs still serving all underserved areas
of the state: Priority Partners MCO and Maryland Physicians Care (also a hospital-based
MCO). Efforts by Priority Partners' leadership and Johns Hopkins staff
were critical in restoring the full Senate funding level.
Ultimately, the General Assembly agreed to continue funding the MCO statewide
incentive program at the $5 million level.
[Go to Top]���
Health, General/Public/Environment
Higher Education/Financial Aid
BILLS INTRODUCED
A
number of economic development initiatives were pursued in this year’s
legislative session, including the extension of the Research and Development
Tax Credit until 2021 (SB 64), and the passage of the Administration’s
Job Creation and Recovery Tax Credit (SB 106/HB 92).� In addition, there was an unsuccessful effort
to utilize $50 million of the state’s retirement and pension funds over a
five year period for investment in Maryland-based information technology,
green, medical device, and bioscience companies.
Please
find details on relevant bills which passed below:
HB0795� Task Force to
Study Nanobiotechnology
HB
795 establishes a Task Force to Study Nanobiotechnology. The task force is
required to report its findings and recommendations on the benefits of the
technology and the state’s role in promoting it by January 1, 2011.
Effective Date: �June
1, 2010
Approved
by the Governor on 4/13/2010; Chapter #163
For
more information, please contact:� Mat
Palmer
HB1163�
Economic Development
- Enterprise Zones – Designation
HB
1163 authorizes the Secretary of Business and Economic Development to designate
up to two enterprise zones per county during a calendar year.
Effective Date:� October 1, 2010
Approved
by the Governor on 5/4/2010; Chapter #459
For
more information, please contact:� Mat Palmer
SB0054�
Business
and Economic Development - Maryland Economic Adjustment Fund
SB 54 makes several changes to MEAF as follows:
1. The bill eliminates the
MEAF Committee that is currently authorized, subject to the authority of the
Secretary of Business and Economic Development, to provide funding under the
program. Financial assistance from the fund will be approved by the Secretary
or a designee.
2. The bill alters the
eligibility requirements for receiving loans under the program. Under current
law, loans may only be made to companies in communities that suffer dislocation
due to defense adjustments and for the purpose of modernizing manufacturing operations,
commercializing technology, or competing in new markets. In addition, priority
is to be given to defense contractors or companies started by former defense
workers who lost employment with a defense contractor. The bill eliminates
these two requirements and instead authorizes loans to be made to any company
with 50 or fewer employees.
3. The bill eliminates the
requirement that loans provided from the fund have a minimum annual interest
rate of 4%.
4. The bill eliminates
requirements that a loan applicant provide information on:
a. each location in the State
of a financed activity;
b. the expected economic
impact of the loan; and
c. evidence that the
applicant was unable to obtain affordable conventional financing.
Before making a loan, however, DBED is required to determine that
the applicant was unable to obtain traditional and affordable financing.
Effective Date:� July 1, 2010
Approved
by the Governor on 4/13/2010; Chapter #14
For
more information, please contact:� Mat Palmer
SB0064�
Maryland
Research and Development Tax Credit - Sunset Extension
SB 64 would extend the termination date of the Maryland Research
and Development Tax Credit until 2021.
Effective Date:� July 1, 2010
Approved
by the Governor on 4/13/2010; Chapter #20
For
more information, please contact:� Mat
Palmer
SB0106�
Labor
and Employment - Job Creation and Recovery Tax Credit
SB 106 creates a tax credit against the State income tax for employers
who hire qualified individuals between January 1, 2010, and December 31, 2010.
The value of the credit is equal to $5,000 per eligible employee hired, not to
exceed $250,000 per taxpayer. Not-for-profits are eligible for a refundable tax
credit under this bill. The Department of Labor, Licensing, and Regulation
(DLLR) is authorized to award $20 million in credits on a first-come,
first-served basis. DLLR and the Comptroller’s Office may jointly adopt
regulations to carry out the provisions of the bill. DLLR is required to report
to the Governor and the General Assembly specified information about the tax
credit by April 1, 2011.
Effective Date:� Emergency
measure
Approved
by the Governor on 3/25/2010; Chapter #1
For
more information, please contact:� Mat
Palmer
[Go to Top]��� [Go
to Bill Subjects]
Stormwater Management
Compromise
An
issue of great concern to Johns Hopkins involved the regulations issued as a
result of the Maryland Stormwater Management Act of
2007.� Consistent with the Act, the
Maryland Department of the Environment (MDE) issued in mid-2009 updated
regulations governing the implementation of stormwater
management in Maryland.
The
new regulations required the exclusive implementation of a specific stormwater management paradigm called Environmental Site Design (ESD). Unfortunately,
implementation of ESD can be difficult in certain spaces, especially urban
locations and sites with specific space-limitation concerns. The lower
level of flexibility available in implementing this particular design type was
also a concern.
Slated
to go into effect on May 4, 2010, the regulations would have presented a
significant economic burden to Johns Hopkins, especially at the Applied Physics
Laboratory and Bayview campuses. A broad group
of stakeholders across the state raised concerns with different aspects of the
regulations. Of particular concern to Johns Hopkins was a lack of
clarity, total loss of good faith investments made in building excess stormwater capacity based on then-current best management
practices, and a level of rigor and inflexibility which would have made many
redevelopment efforts impractical. At the request of some General
Assembly leaders and in response to the public reaction, MDE worked with the
stakeholders to form a compromise that was agreeable to all parties.
This
compromise, detailed in a “Guidance for Implementation”, ultimately
passed in the form of an emergency regulation (which became effective
immediately) by the Joint Committee on Administrative, Executive, and
Legislative Review. Aspects of the compromise significant to Johns
Hopkins include shifting more of the approval authority back to the local
level, increasing the allowable flexibility of compliance through alternative
technologies and/or remediation, and providing a variety of alternative
compliance options if required levels of ESD implementation cannot be
accomplished. Moreover, local governments are permitted to consider a
number of additional factors when determining what measures are required, such
as development consistent with a comprehensive site plan or location within designated
Priority Funding Areas or Transit Oriented Development zones. This
additional flexibility will be vital to Johns Hopkins as we continue to
redevelop and revitalize our campuses.
Legislation
passed that will authorize the Mayor and City Council of Baltimore to create an
East Baltimore Community Benefits
District.� The legislation also
creates a Community Benefits District Authority which will promote and market
the district and carry out programs that will provide additional security and
maintenance services and other amenities within the district. District taxes
will be the primary means of funding for the District and the Mayor and City
Council will specify the amount, of taxes to be imposed on property within the
district.�� Tax exempt properties are not
subject to the benefits district assessment.�
The district will be bounded by Broadway on the west, the Amtrak line on
the North, on the east by Patterson Park Avenue and on the south by Madison
Street. East Baltimore will become the fifth community benefits district in
Baltimore joining the Downtown Partnership, Charles Village District, Midtown
District and Waterfront District.�
Minority Business
Enterprise (MBE)
The
Legislature dealt with a number of bills which would have modified the current
Minority Business Enterprise program, that mandates a set percentage for the
use of woman and minority owned businesses for state contracts.� There were a number of bills which would have
raised the graduation amount for architects and engineering firms, given sole
authority of the program to one agency within state government, established a
Minority Business Registry, and established the Office of Minority Business
Enterprise Compliance, which all failed.�
Many of these concepts were incorporated into a bill (SB 2/HB 222) which
established a task force to evaluate the
MBE program and report its findings by December 1, 2010.� There were also two additional bills which
dealt with streamlining the MBE certification process and creating an
electronic certification process.
Please
find details on relevant bills which passed below:
HB0209�
General Obligation
Bonds for Capital Projects - Required Reports
HB
209 requires any hospital or institution of higher education, that is not
already subject to the State’s Minority Business Enterprise (MBE)
program’s reporting requirement and that receives at least $500,000 for a
capital project from the sale of State general obligation (GO) bonds, to submit
a report to the Governor’s Office of Minority Affairs (GOMA) by December
31 of each year that such GO bond funds are received and the following year.
The report must detail the extent to which the recipient has used, or will use,
any part of the state funds it receives for a capital project for contracts
with MBE firms or for MBE outreach efforts. By July 1 of each year, GOMA must
report to specified committees of the General Assembly on the information
contained in those reports.
The
bill terminates on September 30, 2013.
Effective
Date:� October 1, 2010
Approved
by the Governor on 5/4/2010; Chapter #398
For
more information, please contact:� Mat
Palmer
SB0002/HB0222� Task Force on the Minority Business Enterprise Program and Equity Investment
Capital
SB
2/HB 222 establishes a Task Force on the Minority Business Enterprise (MBE)
Program and Equity Investment Capital. The task force must report its
recommendations to the Governor and the General Assembly and develop draft
legislation by December 1, 2010.� The
bill takes effect June 1, 2010, and terminates May 31, 2011.
Effective Date:� June 1, 2010
Approved
by the Governor on 5/20/2010; Chapter #513 & 514
For
more information, please contact:� Mat
Palmer
SB0130/HB0205� Procurement
- Minority Business Enterprises - Reciprocal Certification
SB
130/HB 205 provides that businesses receiving certification from the U.S. Small
Business Administration or a county government in the state must be certified
by the state Minority Business Enterprise Program.� The bill also requires the Board of Public
Works to submit a report of certified business enrolled in the Minority Business
Enterprise Program to the General Assembly by October 1 of each year.
Effective Date:� October 1, 2010
Approved
by the Governor on������� 5/4/2010; Chapter #229 & 230
For
more information, please contact:� Mat
Palmer
SB0131/HB0215� State
Procurement - Minority Business Enterprises - Electronic Certification Process
SB
131/HB 215 requires the Board of Public Works to implement a process by which
businesses may apply electronically for certification as a minority business
enterprise.
Effective Date:� October 1, 2010
Approved
by the Governor on�������; 5/4/2010; Chapter #231 & 232
For
more information, please contact:� Mat
Palmer
SB0546/HB0923� Procurement
- Minority Business Enterprises - Review of Application for Certification and
Notice to Applicant
SB
546/HB 923 requires the Board of Public Works to develop regulations requiring
that the Maryland Department of Transportation (MDOT) complete its review of an
application for minority business enterprise (MBE) certification and notify the
applicant of its decision within 90 days of receiving a complete application
that includes all information needed.
The
regulations also authorize MDOT to extend the notification requirement only
once for no more than 60 days.
Effective Date:� October 1, 2010
Approved
by the Governor on�������; 5/20/2010; Chapter #578 & 579
For
more information, please contact:� Mat
Palmer
SB1022/HB1435� Baltimore
City Charter - Community Benefits District - East Baltimore
SB
1022/HB 1435 authorizes the Mayor and City Council of Baltimore to establish,
by ordinance, a Community Benefits District and Authority in East Baltimore to
provide certain services.� The bill
requires the Authority to establish a financial plan for the District, and hold
a public hearing on the proposed financial plan for the District.� The bill further specifies the governance of
the Authority and its powers and responsibilities.
Effective Date: June 1, 2010
Approved
by the Governor on 5/20/2010�������; Chapter #645
For
more information, please contact:� Delora
Sanchez
[Go to Top]��� [Go
to Bill Subjects]
�
Education Reform and Race to the Top
A dominant issue during
this session in the area of k-12 education was reforming education policy to
allow Maryland to qualify for up to $250 million in Race to the Top (RTTT) funding.
Maryland did not apply for Phase I of RTTT funding but has developed
a draft proposal to apply for Phase II. As part of this effort, the legislature
passed several bills to make Maryland’s application more competitive.
The Governor and
Superintendent negotiated with teachers’ unions and local boards of
education to develop and pass an emergency measure - the Education Reform Act of 2010 (SB 899/HB 1263).� Among other modifications, the Education
Reform Act of 2010 extends the probationary period of employment for teachers
from two to three years and requires that student growth data be a
“significant” component in teacher and principal performance.� Since the passage of the Education Reform Act
of 2010 several teachers’ unions and county boards of education have
questioned whether or not the Maryland’s draft RTTT proposal violates the
Act.� The General Assembly explicitly
stated in the Act that “no one component can be more than 35 percent of
the total”; however the draft proposal makes student growth or
performance 50 percent of teacher evaluations.�
�
Another emergency measure,
Innovative School Scheduling Models
passed (SB 452/HB 439) and requires the State Board of Education to explore the
use of an extended year and year-round schooling in low-performing or at-risk
public schools to enhance student achievement.�
Legislation passed (SB 275) expanding the existing Maryland Longitudinal Data System (MLDS)
to serve as a statewide student data system from all levels of education the
workforce. The MLDS Center within State government will connect local
district, K-12, higher education and workforce data in a central
repository.�
The Governor’s P-20 Leadership Council of Maryland, established
by executive order in 2007, was codified in a bill (SB 286/HB 466) which also
adds members of the legislature and representatives from elementary and
secondary school personnel to the council.�
In addition to making recommendations to ensure that Maryland’s
students are prepared for the job market, the membership will be charged with
investigating and developing strategies to implement RTTT reform initiatives.
General Reform Measures
The legislature passed the
Fairness in Negotiations Act (SB 590/HB
243) which removes labor
relations disputes from local boards of education and places them before the
state-wide Public School Labor Relations Board (PSLRB) in a binding arbitration
process.� The PSLRB will determine all
matters related to salary, wage, hours and working conditions between local
school boards and unions.�
Bills passed that require
the MSDE to establish standards for the mastery of Braille for the use in Instruction of Blind and Visually Impaired
Students (SB 230/HB 413) and for teacher
certification for career professionals (SB 412) in specialized fields. A
bill was passed by the Legislature and became law without a signature from the
Governor which authorizes MSDE to open virtual
public schools (HB 1362).� The
Legislature also passed bills to establish a Task Force to Explore the Incorporation of the Principles of Universal
Design for Learning (SB 467/HB 59) and
new laws now require school personnel to provide
the parents of a child with a disability with copies of all documents relating
to the development of an individualized
education program (IEP) (SB 540/HB 269).
The Building Opportunities for All Students and Teachers (BOAST) in
Maryland Tax Credit, would have provided an income
tax credit to corporations and businesses that give donations to organizations
that support nonpublic schools was unsuccessful. The Legislature also declined to pass
several bills aimed at improving school safety.�
Bills failed that would have codified policy to restore respect at
school and protect students from bullying, gangs and dating violence.� However, the General Assembly did pass the Safe
Schools Act of 2010 (HB 1160) which is
designed to keep school officials apprised of a student’s criminal
activity and subsequently state agencies in relation to those activities.�
Please
find details on relevant bills which passed below:
HB0269/SB0540� Child
with a Disability - Individualized Education Program
HB
269/SB 540 requires that appropriate school personnel provide the parents of a
child with a disability with accessible copies of all documents relating to the
development of an individualized education program (IEP) at least five business
days before a scheduled meeting. However, documents prepared by a school
psychologist or other medical professional that are to be discussed at the
meeting may be provided to the parents orally and in writing prior to the
meeting. Not later than five business days after a scheduled meeting of the IEP
team, appropriate school personnel must provide the parents of the child with a
copy of the completed IEP, or if it has not been completed, a draft copy of the
IEP. The completed or draft IEP must be provided to the parents in an
accessible format.� Failure to comply
does not constitute a substantive violation of the requirement to provide a
student with free appropriate public education.
Effective Date:� July 1, 2010
Approved
by the Governor on������� 5/20/2010; Chapter #664 & 665
For
more information, please contact:� Delora
Sanchez
HB0413�
Education -
Instruction of Blind and Visually Impaired Students - Use of Braille
HB 413
requires the State Board of Education to establish standards for the mastery of
Braille for use in English, language arts, and mathematics instruction of
students who are blind or visually impaired on or before September 1, 2012.� This bill further requires the state board
and the Professional Standards and Teacher Education Board to review and, as
appropriate, modify certification and recertification requirements for teachers
of students who are blind or visually impaired by September 1, 2013.
Effective Date:� October 1, 2010
Approved
by the Governor on������� 5/4/2010; Chapter #255
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:� Emergency measure
Approved
by the Governor on������� 5/4/2010; Chapter # 189
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) requires
State Board of Education, rather than the State Department of Education, to
revoke the certificate of approval or letter tentative approval of a non public
school that is in violation of certain provisions of law for hiring or
retaining an employee that has been convicted of specified crimes.
Effective Date:� October 1, 2010
Approved
by the Governor on������� 4/13/2010; Chapter #26
For
more information, please contact:� Delora
Sanchez
SB0452/HB0439� Education
- Innovative School Scheduling Models - Low-Performing and At-Risk Public
SB
452/HB 439, an emergency bill, requires the State Board of Education to explore
the use of innovative school scheduling models in low-performing or at-risk
public schools.� These school scheduling
models include extended year, year-round schooling, and other school scheduling
models that do not allow for prolonged lapses in instructional time. The bill
also requires the State Board to encourage local boards to use the school scheduling
models that are determined to be most effective in enhancing student
achievement in low-performing or at-risk public schools.
Effective Date:� Emergency measure
Approved
by the Governor on������� 5/4/2010; Chapter #298 & 299
For
more information, please contact:� Delora
Sanchez
SB0467HB0059�
Task Force to
Explore the Incorporation of the Principles of Universal Design for Learning
into the Education Systems in Maryland
SB
467/HB 59 establishes the Task Force to Explore the Incorporation of the
Principles of Universal Design for Learning into the Education Systems in
Maryland.� The bill provides for the
membership, purposes, and staffing of the Task Force, as well as prohibiting a
member of the Task Force from receiving compensation.� The bill requires the Task Force to study and
make recommendations on the feasibility of incorporating and applying the
principles of Universal Design for Learning into the education systems in Maryland.� The Task Force must submit a report with
findings and recommendations to the State Board of Education and the General
Assembly by December 31, 2010.
Effective Date:� July 1, 2010
Approved
by the Governor on�������; 5/4/2010; Chapter #305 & 306
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 the
Alternate Maryland School Assessment (ALT-MSA) by July 1, 2011 with the goal of
reducing the time required to administer the assessment. MSDE must also survey
all teachers of severely disabled students and students who are likely to be
impacted by the ALT-MSA regarding satisfaction, or lack thereof, with the
ALT-MSA, and solicit recommendations for improvement to the ALT-MSA.� 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
Approved
by the Governor on������� 5/4/2010; Chapter #321
For
more information, please contact:� Delora
Sanchez
SB0758/HB0350� Education
- Early Learning Challenge Fund - Application for Grants
SB
758/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 also
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 legislation is contingent on the taking
effect of federal legislation enacting the Early Learning Challenge Fund, and
if federal legislation enacting the Early Learning Challenge Fund does not
become effective before October 1, 2010, this Act shall be null and void
without the necessity of further action by the General Assembly.
Effective Date:� July 1, 2010
Approved
by the Governor on������� 5/4/2010; Chapter #345 & 346
For
more information, please contact:� Delora
Sanchez
SB0834� Base Realignment
and Closure - Public Charter Schools Located on a Federal Military Base
SB 834
exempts certain public charter schools from the admission requirement that a
public charter school be open to all students on a space available basis.� The bill authorizes the State Board of
Education to grant such a waiver to a public charter school if it is located on
a federal military base, and if the school will admit students with parents who
are not assigned to the base to at least 35% of its total available space. The
bill further requires that if the public charter school receives such a waiver,
subject to the requirement set forth above, the public charter school must
admit all students on a lottery basis.
Effective Date:� July 1, 2010
Approved
by the Governor on�������5/4/2010; Chapter #353
For
more information, please contact:� Delora
Sanchez
[Go to Top]��� [Go
to Bill Subjects]
The
Maryland False Claims Act was introduced during the 2008 and 2009 legislative
sessions and again in 2010 as a major priority for the Administration.� In the past health care providers were
uniformly opposed to the bill because its provisions enabled frivolous lawsuits
and levied severe penalties without considering mitigating factors.� This year Johns Hopkins led an effort along
with the Maryland Hospital Association and small providers to develop
amendments that removed problematic provisions of the bill.� Following weeks of intensive negotiations
between the Lt. Governor, the Secretary of Health, and the provider stakeholder
groups, a compromise was reached.� The
amendments adopted and passed by the General Assembly were largely those
drafted by Johns Hopkins.� They included
amendments that: (1) narrow the intent requirement and clarify that a mere
mistake or negligence does not constitute a violation; (2) include several
enumerated mitigating factors for courts to consider in determining fines and
damages and removes the $5,000 floor for civil penalties allowing a court to
assess less than $5,000 and not more than $10,000 per violation; (3) require
the state to notify a defendant of an alleged violation and give the defendant
an opportunity to stop the violation from continuing during an investigation;
(4) create a check on frivolous law suits against health care providers by
requiring the state to intervene and take over any case initiated by a
whistleblower.� If the state chooses not
to intervene the case must be dismissed and the whistleblower cannot move
forward of his own accord.� While treble
damages remain, the mitigating factors will allow defendants to argue for
reduced fines and damages where previously fines were fixed and not left to the
courts discretion.� Additionally, the
whistleblower reward was reduced and damages and court costs were left to the
court’s discretion as opposed to a mandatory penalty on the defendant.� The amendments allow providers to avoid
frivolous lawsuits while simultaneously allowing the state to pursue legitimate
fraud.��
Please
find details on relevant bills which passed below:
HB0219� Office of the
Governor - State Drug and Alcohol Abuse Council
HB 219
establishes the State Drug and Alcohol Abuse Council in the Office of the
Governor.� The Governor will designate
the chair of the Council.� The Council
will be comprised of state officials and eight members appointed by the
Governor who are representative of the geographic region of the state; at risk
populations; knowledgeable professionals; current or former consumers of
substance abuse treatment services; family members of substance abusers;
prevention and treatment providers and individuals that are active on substance
abuse issues within their communities.�
The Council will be charged with developing an approach for the use of
state and local resources for the prevention, intervention and treatment of
substance abuse. The Council’s approach will promote a coordinated,
collaborative and comprehensive effort of the state executive branch agencies
and local agencies to ensure the efficient and effective use of state resources
for substance abuse treatment services to serve state residents, individuals
within the criminal justice system and individuals with co-occurring
disorders.� The Council will identify,
develop and recommend the implementation of improvements in substance abuse
treatment services.� The Council will
prepare and annually update a two year plan that will be submitted to the
Governor and the General Assembly on or before August 1 of each year. The
Council will also prepare annual surveys of all federal and state resources
used to fund substance abuse prevention intervention and treatment services;
facilitate coordination between the court, criminal justice and correctional
systems with existing substance abuse treatment services; and support the work
of local substance abuse councils by facilitating coordination and
communication among the councils.
Effective Date: October 1, 2010
Approved by the Governor on������� 5/20/2010; Chapter #661
For
more information, please contact:� Delora
Sanchez
SB0279� Maryland False
Health Claims Act of 2010
SB 279
prohibits actions constituting false claims against a state health plan or a state
health program, and the bill specifies penalties for making such false
claims.� The bill also requires the court
to consider and give special attention to certain factors in determining the
amount of fines and penalties provided for in this bill.� The bill authorizes the state to file a civil
action against a person who makes a false claim under specified circumstances,
and authorizes a person other than the state to file a civil action on behalf
of the person and the state against a person who makes such a false claim.� For civil actions, the bill provides procedures
and remedies, and requires the state to investigate a civil action alleging a
false claim.� Further, the state is
required to take steps to coordinate the investigations and to establish an
objective for the state.� The state may
intervene in a civil action initiated by a person, but if the state elects not
to intervene, the court is required to dismiss the action.� The bill prohibits retaliatory action against
individuals under certain circumstances, and provides remedies in the event of
retaliation.
Effective Date:
October 1, 2010
Approved
by the Governor on 4/13/2010; Chapter #4
For
more information, please contact:� Delora
Sanchez
[Go to Top]��� [Go
to Bill Subjects]
A
number of pieces of legislation directly impacting health care facilities,
including hospitals, freestanding medical facilities, and long-term care
facilities were deliberated this session.��
Bills that failed include one that would have required facilities to
post end of life policies on their web sites and on the Maryland Health Care
Commission web site, and a bill that would have required any new building or
major renovation of a building that is funded fully or partially with state
funds to be built as a high-performance building.� Again this year, a bill to require video
monitoring of residents and staff in nursing facilities failed.��� Among the most notable that passed is a
bill that requires the HSCRC to set rates for hospital services provided at
freestanding medical facilities that are issued a Certificate of Need (CON)
after July 1, 2015.� The law also
requires the HSCRC to set such rates for three existing facilities - Bowie
Health Center, Germantown Emergency Center, and Queen Anne’s Emergency
Center.� However, the rate-setting
authority for FY 2011 at the Queen Anne’s Emergency Center is limited to
emergency services and those rates must be set in a manner that does not impact
the State Medicaid budget in that fiscal year.�
Details of the signed bills (SB 593/HB 699) are below:
In
follow up to legislation that passed in the prior session, SB 328/HB 933 amends
current statute as it relates to hospital billing, financial assistance and
debt collection.� Consistent with the
recommendations of the HSCRC’s workgroup and the majority of the
amendments submitted by the Maryland Hospital Association, the enacted bill
adds chronic hospitals to the facilities that must adhere to the stipulations
of the statute and requires hospitals to provide free, medically-necessary care
to individuals with family incomes up to 500% of the Federal Poverty Level, but
permits hospitals to apply for a waiver of this provision based upon the median
income of the hospital’s service area, the hospital’s patient mix
and uncompensated care experience.
Two
significant long term care bills passed; one (SB 429/HB 278) requires DHMH to
report to the General Assembly and Medicaid Advisory Committee at least 90 days
prior to changing medical eligibility for Medicaid long term care services, and
another extends by two years the termination date of the task force
deliberating on financial matters related to long-term care facilities (SB
655/HB 384).
Please
find details on relevant bills which passed below:
HB0811�
Child Protection
– Reporting of Children Living with or in the Regular Presence of
Registered Child Sexual Offenders
HB 811
authorizes an individual to make an oral or written report. To the extent
reasonably possible, an individual who makes a report must include information
about the child, the child’s parents or caregivers, the circumstances
that led to the suspicion that the child is at substantial risk of sexual
abuse, and any other information that would help to determine the cause of the
substantial risk of sexual abuse and the individual responsible. If the person
making the report is acting as a staff member at a hospital, public health
agency, child care institution, juvenile detention center, school, or similar
institution, the individual must immediately notify and give all required
information to the head of the institution or that individual’s designee.
The bill extends the civil immunity that applies to individuals who make other
reports of abuse and neglect to those who make reports of substantial risk of
sexual abuse.
����
A
local department or law enforcement agency may receive a report of substantial
risk of sexual abuse. If a law enforcement agency receives a report, the agency
must immediately refer the report to the local department. �Within five days after receiving a substantial
risk report, the local department and law enforcement agency must see the
child, attempt an on-site interview with the caregiver and the individual
identified as a child sexual offender, and decide on the safety and the level
of risk to the child and other children in the care or custody of the
individual identified as a child sexual offender.
����
A
local department that receives a report must conduct a thorough investigation
after confirming that the allegations in the report regarding the
individual’s history of sexual abuse are accurate and that there is
specific information that the child is at substantial risk of sexual abuse. The
investigation must be conducted in conjunction with an appropriate law
enforcement agency. As part of the investigation, the local department must:
(1) determine whether the child is safe; (2) determine whether sexual abuse of
the child has occurred; (3) offer appropriate services to the family; and (4)
immediately decide whether to file a CINA petition. To the extent possible, an
investigation must be completed as soon as practicable but no later than 30
days after receipt of a report.
����
The
Secretary of Human Resources must adopt regulations governing: (1) the
definition of “substantial risk of sexual abuse”; and (2) how staff
in a local department should elicit information from individuals who provide a
report of substantial risk of sexual abuse.
Effective Date:
October 1, 2010
Approved
by the Governor on������� 5/4/2010; Chapter #186
For
more information, please contact:� Sheila
Higdon
HB0899�
Nursing Facility
Residents - Home-Based and Community Services – Access Assistance
HB 899
amends current statute relating to the timing of information regarding
available home-based and community services that a social worker in a nursing
facility must provide to residents.�
Currently that information is required only upon admission; HB 899
requires that it also be provided upon discharge.
Effective Date:� June 1, 2010
Approved
by the Governor on 5/20/2010; Chapter #711
For
more information, please contact:� Sheila
Higdon
SB0265�
Assisted Living
Programs - Elevator Installation - Exemption
SB 265
authorizes the Commissioner of Labor and Industry to adopt regulations to
authorize and regulate the installation and inspection of noncommercial
elevator units in assisted living programs with five or fewer beds that are
licensed by the Department of Health and Mental Hygiene.
Effective Date:� October 1, 2010
Approved
by the Governor on 5/20/2010; Chapter #531
For more information, please contact: Sheila Higdon
SB0328/HB0933� Hospitals
- Financial Assistance and Debt Collection
SB 328
amends existing requirements for hospital assistance and debt collection
policies and makes the requirements applicable to chronic hospitals that are
subject to rates set by the HSCRC.�
����
Financial
Hardship Hospitals must specify in their financial assistance policies that
they provide reduced cost medically necessary care to patients with family
income below 500% of the federal poverty level (FPL) who have a financial
hardship. Family income this instance is defined as "immediate family,
living in the same household".�
Financial hardship is defined as medical debt, incurred by a family over
a 12 month period that exceeds 25% of family income.� For patients whose family income falls
between 150% and 500% FPL, hospitals must apply the reduction that is most
favorable to the patient, whether it is the reduced cost policy or financial
hardship policy.
����
If a
patient has received reduced cost medically necessary care due to financial
hardship, the patient or any family member remains eligible for reduced cost
care when seeking further care at the same hospital for 12 months following the
initial care.� The patient or family
member must inform the hospital of his or her eligibility.� Hospitals must provide a mechanism for a
patient to request that the hospital reconsider a denial for free or reduced
cost care and to file a complaint with the hospital or outside collection
agency used by the hospital, regarding the patient's bill.
����
Hospitals
may apply for a waiver of the 500 percent FPL medical hardship provision based
on the median income of the hospital's service area, and the hospital's patient
mix and uncompensated care experience.
����
Retroactive
Reimbursement
If a
hospital has collected more than $25 from a patient, and within a new year
period the patient was found to be eligible for free care on the date of
service, the hospital must refund the amount collected above $25.� If a judgment or adverse credit report has
been entered on a patient was later found to be eligible for free care on the
date of service, the hospital must vacate the judgment or strike the adverse
information and refund the patient.�
However, if a patient is enrolled in a means-tested government health
care plan that requires the patient to pay out-of-pocket for hospital services,
a hospital's refund policy must comply with terms of the patient's plan.
����
A
hospital may reduce the two year period described above to 30 days after the
hospital requests relevant information from the patient in order to determine
eligibility if that hospital documents the patient or guarantor's lack of
cooperation in providing requested information.
����
Patient
Information
Hospitals
must include information on a patient's right to apply for financial
assistance, and who to contact for additional information, on posted
notices.� In addition, hospitals must
have staff available to work with patients, families, and/or authorized
representatives to help understand hospital bills, as well as patients' rights
and obligations regarding reduced cost medically necessary care.�
����
Upon
request, hospitals must also provide a patient with a written estimate of the
total charges that are reasonably expected to be billed to the patient.� The estimate must state that it is only an
estimate and that charges may vary.� This
provision does not apply to emergency services.
����
Uniform
Standards for Hospital Collection Policies
Hospitals
will be prohibited from reporting adverse information to a consumer credit
reporting agency or commencing civil action against a patient for nonpayment
for at least 120 days after issuing an initial patient bill unless the hospital
documents a patient or guarantor's lack of cooperation in providing information
needed to determine the patient's obligation regarding the bill.�
����
If a
hospital delegates collection activity to an outside agency, they must
explicity authorize or contract with the agency and require the agency to abide
by the hospital's collection and credit policy.�
The hospital must specify procedures the agency must follow regarding
financial assistance, and require the agency to provide a mechanism for a
patient to file a complaint with the hospital or agency regarding the handling
of the patient's bill.
����
A
hospital must promptly report a patient's fulfillment of his or her payment
obligations to any consumer reporting agency to which the hospital has reported
adverse information about the patient.�
����
A
hospital is prohibited from forcing the sale or foreclosure of a patient's
primary residence to collect an outstanding debt.� If a hospital holds a lien on a patient's
primary residence, the hospital may maintain the right to defend its legal
position as a secured creditor with respect to other creditors to whom the
patient may owe a debt.
����
A
hospital's Board of Directors must approve any changes to the hospital's
financial assistance and debt collection policies, and must review and approve
the policies every three years.
Effective Date:
October 1, 2010
Approved
by the Governor on�������4/13/2010; Chapter #60 & 61
For more information, please contact: Sheila Higdon
SB0593/HB0699� Health
Facilities - Freestanding Medical Facilities - Rates
SB
593/HB 699 requires the HSCRC to set rates for hospital services provided at
freestanding medical facilities issued a Certificate of Need after July 1,
2015, and to three existing freestanding medical facilities (Bowie Health
Center, Germantown Emergency Center, and Queen Anne's Emergency Center).� The bill limits the HSCRC's FY 2011 rate
setting authority to emergency services at the Queen Anne's facility and
requires those rates to be set in a manner that does not impact the Medicaid
budget in that fiscal year.� In addition,
the bill requires MHCC by December 2014 to complete a study on the effect of
the rates altered through this legislation.�
MHCC must consider the data obtained through the study when establishing
criteria and standards for issuing a CON for the establishment of any
freestanding medical facility in Maryland after July 1, 2015.
Effective Date:� June 1, 2010
Approved
by the Governor on 5/20/2010; Chapter #505 & 506
For more information, please contact: Sheila Higdon
SB0655/HB0384� Task Force to Study Financial Matters
Relating to Long-Term Care Facilities - Extension
SB
655/HB 384 extends the termination date of the Task Force to Study Financial
Matters Relating to Long-Term Care Facilities by two years from June 30, 2010
to June 30, 2012. The bill also extends by two years the dates by which the
task force must submit its interim and final findings and recommendations to
July 1, 2011 and June 1, 2012, respectively.
Effective Date:
June 1, 2010
Approved
by the Governor on�������4/13/2010; Chapter #93 & 94
For
more information, please contact:� Delora
Sanchez
SB0776� Assisted Living and
Nursing Home Residents Protection Act of 2010
SB 776
requires the Sexual Offender Advisory Board (SOAB) in the Department of Public
Safety and Correctional Services (DPSCS) to review the policies and procedures
relating to:
1. ensuring the protection of residents
of nursing homes and assisted living facilities where convicted sexual
offenders reside or may reside;
2. notifying residents, employees, and
residents’ family members of the presence of convicted sexual offenders
residing in nursing homes or assisted living facilities;
3. employing sexual offenders in nursing
homes or assisted living facilities; and
4. requiring law enforcement notification
to nursing homes and assisted living facilities if a sexual offender resides in
the home or facility. The review must include the applicable laws of other
states and jurisdictions. SOAB must report to the General Assembly by December
1, 2011 on its findings and recommendations.
Effective Date:� June 1, 2010
Approved
by the Governor on 5/20/2010; Chapter #608
For more information, please contact: Sheila Higdon
[Go to Top]��� [Go
to Bill Subjects]
Multiple
bills affecting health professionals passed this session.� Nurse
practitioners (NP) were successful in their quest to streamline existing,
burdensome administrative processes that have hampered their ability to
practice in Maryland.� SB 484/HB 319 is
described in more detail below but its main provision eliminates the need for
NPs to have a delegation agreement with a physician in order to practice; and
instead requires NPs to submit an attestation that they have an agreement for
collaboration with a physician.� Current
law related to Physician Assistants
(PA) was also amended.� With the passage
of SB 208/HB 323 PAs must be licensed rather than certified by the Board of
Physicians; and, a delegation agreement between a physician and PA is no longer
required for a PA to practice advanced duties, if the PA has been credentialed
by an accredited health care facility.�
Pharmacists and physicians were also successful in assuring the continuation
of the Drug Therapy Management Program,
which authorizes a physician and pharmacist to enter into a therapy management
contract to jointly provide care to a patient (HB 660/SB 165).
Efforts
to pass legislation that standardizes guidelines for all health occupations boards’ disciplinary processes and
sanctioning of licensees failed last session, but were successful this
year.� SB 291/HB 114 is the culmination
of extensive work of a task force headed by Patty Brown in 2008.� The bill also requires the Secretary of
Health to establish goals for the timeliness of complaint resolution of all
boards.� Legislation to amend current
statute related to the Board of Nursing
also passed and is detailed below (SB 266/HB 302, SB 632/HB 624 and HB
179).� In addition, SB 1033/HB 1435
requires the Department of Veteran Affairs to develop a Military Health Care
Provider Transition Plan with a goal of increasing the number of veterans with
expertise in health care working in Maryland.
Legislation
failed that would have licensed perfusionists, as did a bill to authorize physicians to
treat patients with Lyme disease and
other related tick-borne illnesses with long-term antibiotic or antimicrobial
therapy without being subject to disciplinary action by the State Board of
Physicians.
Please
find details on relevant bills which passed below:
HB0179�
State Board of
Nursing - Temporary License - Issuance
HB 179
authorizes the State Board of Nursing to issue a temporary nursing license to
an applicant who has taken and passed a board-approved examination required for
licensure, but is waiting for the completion of the required criminal history
records check.
Effective Date:� October 1, 2010
Approved
by the Governor on 5/20/2010; Chapter #657
For more information, please contact: Sheila Higdon
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 a
cosmetic surgical procedure in an office or 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
Approved
by the Governor on 5/20/2010; Chapter #709
For more information, please contact: Sheila Higdon
HB1302�
Health Occupations
- Dental Hygienists - Practice in Long-Term Care Facilities
HB
1302 authorizes a licensed dental hygienist to practice in a long-term care
facility under the general supervision of a dentist.
Effective Date:� July 1, 2010
Approved
by the Governor on 5/20/2010; Chapter #733
For more information, please contact: Sheila Higdon
SB0165/HB0600� Health
Occupations - Therapy Management Contracts - Repeal of Sunset
SB
165/HB 600 extends the termination date for authorization of therapy management
contracts by seven years to September 30, 2017.
Effective Date:� July 1, 2010
Approved
by the Governor on������� 4/13/2010; Chapter #44 & 45
For more information, please contact: Sheila Higdon
SB291/HB0114� Health Occupations Boards - Revisions
SB
291/HB 114 sets standardized guidelines for all health occupations boards
regarding the disciplinary process and sanctioning; board vacancies,
membership, and training; the appointment of an executive director; information
that must be posted on a board’s web site; data collection; the role of
the assistant Attorneys General in the disciplinary process; and the authority
of the boards to create their own positions.�
The bill also requires the Department of Health and the health
occupations boards to jointly study and report to the General Assembly by December
31, 2011 on the progress toward meeting the goals and requirements of this
act.� By December 31, 2010, DHMH and the
health occupations boards must also study and report on whether, under certain
circumstances, it may be appropriate to expunge disciplinary proceedings from a
licensee’s file.� Only complaints
received on or after July 1, 2010, are affected by this statute.
Effective Date:� July 1, 2010
Approved
by the Governor on 5/20/2010; Chapter #533 & 534
For more information, please contact: Sheila Higdon
SB0266/HB0302� State
Board of Nursing and Certified Nursing Assistant Advisory Committee –
Membership – Nominations for Vacancies
SB
266/HB 302 adds one registered nurse (RN) member to the board. The new RN
member is required to have practiced acute care for at least five years,
practice currently, and hold a bachelor of science degree in nursing. The bill
specifies that one RN member must rotate among four advanced practice
specialties, and removes one nurse clinician member of the board and instead
adds a currently practicing RN who has practiced as a delegating nurse in a
supervised group setting for at least five years. It also expands the educational
requirements that qualify an individual for the nurse administrator member of
the board.
����
Additionally,
at least one of the three licensed practical nurse (LPN) members on the board
must practice in a long-term care nursing facility.� The bill also adds one nursing assistant
member to the Certified Nursing Assistant Advisory Committee. The new member
must be an adult medical day care nursing assistant.
Effective Date:� October 1, 2010
Approved
by the Governor on������� 4/13/2010; Chapter #53 & 54
For more information, please contact: Sheila Higdon
SB0308/HB0323� Health
Occupations - Licensure of Physician Assistants
SB
308/HB 323 requires an individual to be licensed rather than certified by the
State Board of Physicians before that individual may practice as a physician
assistant.� The bill alters the
appointments and qualifications for members of the Physician Assistant Advisory
Committee within the Board, and authorizes the Board, rather than the Secretary
of Health and Mental Hygiene, to recommend the removal of certain members of
the Committee.� The bill authorizes the
Executive Director of the Board and agents or investigators to enter premises
under certain circumstances, and prohibits a person from denying or interfering
with the entry on premises, subject to a criminal penalty.� Additionally, the bill alters the
requirements for the content, review, and approval of delegation agreements,
and prohibits, under certain circumstances, the Board from requiring prior
approval of delegation agreements that include advanced duties if the duties
will be performed in hospitals or ambulatory surgical facilities.� The bill requires prior approval of a
delegation agreement if certain advanced duties are to be performed in certain
settings or if anesthesia is to be administered, monitored, or maintained.� The bill increases the number of physician
assistants a primary supervising physician may supervise at one time to four,
except in certain facilities.� In the
event of a sudden departure, incapacity, or death of a primary supervising
physician, a designated alternate supervising physician may assume the role of
primary supervising physician by submitting a new delegation agreement to the
Board within 15 days.
Effective Date:� October 1, 2010
Approved
by the Governor on������� 5/4/2010; Chapter #273 & 274
For more information, please contact: Sheila Higdon
SB0484/HB0319� State
Board of Nursing - Nurse Practitioners - Certification Requirements and
Authority to Practice
SB
484/ HB 319 defines “practice as a nurse practitioner” as
independently performing the duties of a registered nurse; conducting
comprehensive physical assessments; establishing a medical diagnosis for common
chronic, stable, or short-term health problems; ordering, performing, and
interpreting laboratory tests; prescribing drugs; performing diagnostic,
therapeutic, or corrective measures; making referrals; and providing emergency
care. ��The bill clarifies the
certification process; authorizes the State Board of Nursing to require
continuing education or competency requirements; provides title protection; and
alters the temporary practice letter requirements for nurse practitioners.
����
In
addition to current requirements, an applicant for certification as a nurse
practitioner must submit:
�
an
application on a form specified by the board,
�
documentation
of an active license, in good standing as a registered nurse in the state,
�
documentation
the applicant graduated from an accredited master’s or doctoral degree
program for nurse practitioners, and
�
valid certification as a nurse practitioner
from a national, certifying body approved by the board.
����
Applicants
must also meet any other requirements set by the board. A nurse practitioner
must have an approved attestation that he or she has a collaboration agreement
in place with a licensed physician and will refer to and consult with
physicians and health care providers as needed. The attestation must also state
the nurse practitioner will practice in accordance with the standards of
practice of the American Academy of Nurse Practitioners or any other national
certifying body recognized by the State Board of Nursing. The board must
maintain an approved attestation and make it available to the State Board of
Physicians upon request.
����
Finally,
the bill repeals the requirement that the State Board of Physicians adopt
regulations jointly with the State Board of Nursing concerning the prescriptive
authority of nurse practitioners and requires the State Board of Nursing, in
consultation with the State Board of Physicians, to develop a plan to implement
the Maryland Nurse Practice Act, including provisions for the repeal of
obsolete regulations and a requirement that attestations made by nurse
practitioners concerning collaboration agreements with a licensed physician
identify the physician.
Effective Date:� October 1, 2010
Approved
by the Governor on������� 4/13/2010; Chapter #77 & 78
For more information, please contact: Sheila Higdon
SB0632/HB0624� Registered
Nurses, Licensed Practical Nurses, Nursing Assistants, and Medication Technicians
- Changes to Licensure Requirements
SB
632/HB 624 requires the State Board of Nursing to require applicants for
licensure or certification to submit to an examination by a board-designated
health care provider if the board has reason to believe and objective evidence
that an applicant under review may cause harm to individuals affected by his or
her professional practice. The bill removes skilled nursing assistants from the
list of certified professionals regulated by the board, establishes biennial
renewal for licensees beginning January 1, 2013, and makes other changes
related to licensees and certificate holders. Licensees born in even-numbered
years must renew in even-numbered years and those born in odd-numbered years
must renew in odd-numbered years.
Effective Date:� October 1, 2010
Approved
by the Governor on 5/20/2010; Chapter #585 & 586
For more information, please contact: Sheila Higdon
[Go to Top]��� [Go
to Bill Subjects]
Health,
General/Public/Environment
General Health
Bills
were unsuccessful that would have
allowed eligible patients with a “debilitating medical condition”
and who have an ongoing relationship with their physicians to receive marijuana for medical purposes. The
bill would have created state designated centers to produce and dispense marijuana
and a registry program run by DHMH for distributors and qualifying patients,
but did not authorize patients to grow their own marijuana.� Physicians who would be authorized to
prescribe medical marijuana were not permitted to grow marijuana.� Although the Senate bill gained some traction
and crossed over to the House, it did not have enough votes to make it out
before the end of session.� Similarly,
bills to place marijuana in a less restrictive schedule by removing marijuana
from the Schedule I controlled dangerous substances list and place it in
Schedule II failed.
In
the area of Trauma, legislation was passed to increase the membership of the Emergency Medical Services Advisory Council
by adding a member of the public and a helicopter pilot to the board.� Legislation did not make it out of committee
that would have authorized funds from the Maryland Emergency Medical System
Operations Fund (MEMSOF) to be used to reimburse
private helicopter companies for transporting patients.
Public Health
Many public health bills introduced during the
session were
well intentioned but did not have enough votes to pass.� They included a bill to require protective headgear for bicycle, moped and
equine riding, a bill prohibiting the use of trans-fat by food service
facilities and several bills aimed at controlling and monitoring the
prevalence of Lyme disease cases in
the state.� Also bills prohibiting the
sale of nontobacco nicotine products and a bill to revamp the requirements for
the sale or transfer of firearms
failed.
Last
session legislation passed that banned writing or sending text messages while
driving.� This session, the legislature
was unsuccessful in correcting an oversight when a bill that would have
prohibited reading text messages failed.�
The legislature successfully passed legislation that makes using a handheld phone while driving a secondary
offense (SB 321).� The driver cannot
be cited for using a handheld phone unless he or she is first cited for a
primary violation, such as speeding.
Mothers
against Drunk Driving (MADD) spearheaded legislation to toughen drunk driving laws this session. The Drunk Driving Elimination Act would have required individuals
convicted of a first offense drunk driving to use an ignition interlock device
for six months, a second offense - one year and a third offense
– three years or more as determined by the court.� The bill was supported by the sorority
sisters of Miriam Frankl, the JHU student that was
killed by a hit and run driver last fall.�
The bill passed the Senate but it did not make it out of the House when
an agreement could not be reached between the Judiciary Committee and MADD on
the level of blood alcohol content that would require an ignition interlock
device.
Legislation
banning the use of Bisphenol A (SB 213/HB 33) passed after the FDA
announced that it had concerns about the effect of the chemical on children.
The bill prohibits a person from manufacturing, distributing or knowingly
selling child care articles chemical compound which is commonly found in
plastics.� Legislation also passed that
requires DHMH and the Department of the Environment to conduct a study on the
feasibility of establishing a bio-monitoring
program (HB 181) in the state. Finally,
a student wellness bill (HB 973) passed that requires local boards of
education to provide students in grades 6 through 12 with the telephone number
of the Maryland Youth Crisis Hotline.� The number must be printed in the school
handbook and on student’s school identification cards if provided.
Environmental Health
Again this session bills to reduce and eliminate
lead paint risk in housing failed.� Legislation passed
(SB 556) that will phase out the manufacture, lease, sale, and distribution of
products containing decabrominated diphenyl ether in
Maryland. Decabrominated diphenyl
ether is a kind of flame retardant and is commonly used in electronic
equipment, furniture and mattresses among other products.�
Please
find details on relevant bills which passed below:
HB0497�
Public Safety -
Statewide Emergency Medical Services Advisory Council - Membership
HB 497
increases the membership of the statewide Emergency Medical Services Advisory
Council to 31 by increasing the number of members who are from the general
public from 2 to 3, and by adding one member who is a helicopter pilot.
Effective Date:� October 1, 2010
Approved
by the Governor on������� ���������4/13/2010; Chapter #17
For more information, please contact: Delora Sanchez
SB0855/HB0929� Patient
Centered Medical Home Program
SB
855/HB 929 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:
����
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, and
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:
the use of health information technology, including electronic medical records;
the relationship between the primary care practice, specialists, other
providers, and hospitals; the access standards for qualifying individuals to
receive primary medical care in a timely manner; and, 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, must:
����
1) define the payment method used by a
carrier to pay a participating PCMH for services associated with the
coordination of covered health services, and
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, and
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, and
���� 3)��� the impact of health care expenditures resulting from the
Program.
Effective Date:� July 1, 2010
Approved
by the Governor on������� ���������4/13/2010; Chapter # 5 & 6
For more information, please contact: Sheila Higdon
[Go to Top]��� [Go
to Bill Subjects]
The
most contentious issue in health insurance this session was the assignment of
benefits legislation (SB 314/HB 147), which allows an insured PPO member to
assign their benefit to a nonparticipating provider, so that the provider can
be paid directly by the Insurer.� This
legislation has been introduced for a number of years and has been a priority
for MedChi, but has been unsuccessful due to strong
opposition from the health insurance industry.�
This year the legislation was heavily amended to create a better balance
between the needs of the physicians to receive payment directly for services,
and the fear that the legislation would lead to ever increasing levels of
balance billing and deterioration of insurers’ networks.� The legislation ultimately passed on the
final day of session, and requires MHCC to conduct a three year study on the
impact of the provisions of the bill.
The
General Assembly also passed legislation which requires insurers to pay bonus payments to primary care providers
who provide services in the office after 6 p.m. and before 8 a.m. or on
national holidays (HB 435); and, a bill that prohibits a health insurer from
requiring personal injury protection
benefits to be utilized before health insurance benefits (SB 704/HB 1073).� Also passed were bills related to childhood
obesity (SB 700/HB 1017) and annual preventive care visits that must be covered
by insurers (SB 313/HB 878).� A priority
for the Administration was the passage of legislation that enables the state to
establish an all-payor Patient Centered Medical Home Program (SB 855/HB 929).�
There
were also a number of pieces of legislation that attempted to add mandated benefits which must be offered
in standard small group and individual health plans.� Some of those benefits included dental
implants, habilitative services, autism spectrum
disorders and bleeding disorders.� These
bills all failed due to the increased premium costs associated with mandating
this coverage.
Please
find details on relevant bills which passed below:
HB0069�
Insurance - Insurers
- Audits, Investments, and Operations
HB 69 has
six major provisions which:
1. specify the criteria that nonlife
insurers must consider with respect to investments in securities lending
transactions;
2. alter the length of time during which
a partner in an accounting firm responsible for preparing an audited financial
report for an insurer may act in the same or similar capacity for the insurer
and the insurer’s subsidies or affiliates;
3. authorize the Insurance Commissioner
to require an insurer, nonprofit health service plan, DPO, managed care
organization, or HMO to file an audited financial report earlier than the
statutory deadline, with 90 days advance notice;
4. alter the criteria against which an
insurer’s financial condition and results of operations can be compared
to determine if the insurer is operating in a hazardous financial manner;
5. modify the nonprofit health service
plan audited financial reporting requirement; and
6. move up the date by which a DPO is
required to file a statement of its financial condition and make the annual
statement filing requirements and applicable penalties for a DPO consistent
with requirements for other insurers.
Effective Date: October 1, 2010 ���
Approved
by the Governor on������� ���������4/13/2010; Chapter #120
For more information, please contact: Mat Palmer
HB0261�
Health -
Administrative Service Provider Contracts - Contracting Provider Definition
HB 261
specifies that a “contracting provider” excludes a medical
laboratory as it relates to health maintenance organizations and administrative
service provider contracts.
Effective Date:� October 1, 2010
Approved
by the Governor on 5/20/2010; Chapter #626
For more information, please contact: Mat Palmer
HB0292�
Health Insurance -
Uniform Consultation Referral Form - Electronic Transmission
HB 292
authorizes a health care provider to electronically transmit a uniform
consultation form required by an insurer or nonprofit health service plan. The
Insurance Commissioner, in consultation with the Maryland Health Care
Commission (MHCC), must adopt by regulation standards for the electronic
transmission of data elements contained in the form.
Effective Date:� October 1, 2010
Approved
by the Governor on������� ���������5/4/2010; Chapter #403
For more information, please contact: Mat Palmer
HB0435�
Health Insurance
– Reimbursement of Primary Care Providers – Bonus Payments
HB 435
requires health insurance carriers, regulated by the Maryland Insurance
Commission, but excluding MCOs, to reimburse physicians' bonus payments for
services provided outside of normal office hours and when the office is
closed.� It would also require a separate
payment for consultations and evaluations delivered over the phone or
online.� It does not specify the amount
of any such payments.
Effective Date:� October 1, 2010
Approved
by the Governor on 5/20/2010; Chapter #673
For more information, please contact: Mat Palmer
HB0804� Health Insurance -
Dental Provider Panels - Provider Contracts
HB 804
prohibits a provider contract from including a provision that requires a
participating dental provider, as a condition of continued participation in
either a capitated dental provider panel or fee-for-service provider panel, to
accept an added, revised, or amended fee schedule that contains a lower
fee.� The bill applies to all dental
provider contracts issued, renewed, or amended on or after October 1, 2010.
Effective Date:� October 1, 2010
Approved
by the Governor on 5/20/2010; Chapter #702
For more information, please contact: Mat Palmer
HB0814�
Health Insurance -
Individual Health Benefit Plans - Frequency of Premium Increases
HB 814
prohibits insurers, health maintenance organizations, nonprofit health service
plans, or any other person or organization that provides health benefit plans
from increasing the premium on an individual health benefit plan more
frequently than once every 12 months, unless the increase is due solely to the
enrollment of a new family member.� This
bill applies to all individual health benefit plans issued, delivered, or
renewed in the State on or after October 1, 2010.
Effective Date:� October 1, 2010
Approved
by the Governor on 5/20/2010; Chapter #703
For more information, please contact: Mat Palmer
HB1050�
Maryland Health
Insurance Plan - Plan Options - Governmental Third Party Payers
HB1050
authorizes the Board of Directors for the MHIP to establish a plan option for
members whose premiums are paid by a governmental unit.� Some MHIP members have premiums paid for by
third-party governmental units, including Children’s Medical Services,
the Maryland AIDS Drug Assistance Program, and some county governments.� Placing individuals in MHIP and paying their
premiums is advantageous for such governmental units because it allows them to
shift medical and prescription drug costs to MHIP as a cost saving
measure.� However, these “shifted
members” tend to have substantially higher plan costs compared to average
plan members.� Consequently, this
practice is placing a significant strain on MHIPs financial resources, and it
expects to reach maximum enrollment capacity in the spring of 2010.� This bill will more equitably spread the cost
of providing health care to individuals placed in MHIP by governmental units,
and will ensure a more equitable sharing of plan costs between MHIP members who
pay their own premiums out-of-pocket.�
����
The
bill also authorizes the board, in setting premium rates and cost-sharing
arrangements for this plan option, to include amounts to limit cost shifting
from another governmental unit to the plan as long as they are not set at a
level that would make it cost prohibitive for the governmental unit. Finally,
the bill authorizes the board to limit plan option eligibility and limit or
eliminate any premium subsidy based on income for a member whose premiums are
paid by a governmental unit.
Effective Date:� October 1, 2010
Approved
by the Governor on������� ���������4/13/2010; Chapter #166
For more information, please contact: Sheila Higdon
HB1424�
Medicaid State Plan
Amendments - Effective Dates
HB
1424 is a departmental bill which specifies that Medicaid State Plan Amendments
(SPA) and Medicaid waiver applications and modifications are effective on the
date specified in the Maryland Register notice. The bill does not apply to SPA
04-27 if the cost settlement related to that SPA is in effect November 1, 2010.
Effective Date:� June 1, 2010
Approved
by the Governor on������� ���������5/4/2010; Chapter #468
For more information, please contact: Mat Palmer
HB1564� Maryland Health
Insurance Plan - Administration of National High Risk Pool Program
This
emergency departmental bill authorizes the Board of MHIP to elect to administer
a national temporary high-risk pool program for the State and enter into any
necessary administration agreements if the U.S. Secretary of Health and Human
Services establishes such a program to be administered by states. The MHIP board
may limit enrollment based on the amount of federal funding available to the
program and may establish a separate benefit package delivery system and
premium rate for enrollees according to standards for benefit packages and
premium rates established under federal law for the program.
����
The
bill terminates on the earlier of the date that the national high-risk pool
program ends or MHIP ends its administration of the national high-risk pool
program for the State.
Effective Date: Emergency measure
Approved
by the Governor on������� ���������4/13/2010; Chapter #173
For more information, please contact: Sheila Higdon
SB0056�
Health Insurance -
Medicare Supplement Policies - Repeal of Requirement to Offer Plan I
SB 56
repeals the requirement for carriers to offer a Medicare supplement Policy Plan
I to disabled individuals younger than age 65 who are eligible for Medicare.
Effective Date: June 1, 2010
Approved
by the Governor on������� ���������4/13/2010; Chapter #16
For more information, please contact: Mat Palmer
SB0057�
Health Insurance -
Mental Health Benefits - Group Health Plans
SB 57
conforms State law to the new federal Mental Health Parity and Addiction Equity
Act of 2008 (MHPAEA) by requiring that large group contracts that offer mental
health or substance abuse disorder benefits to offer the benefits in parity
with medical and surgical benefits. The bill also conforms the State’s
reconstructive breast surgery mandate to federal law.
Effective Date: shall take effect from the date it is
enacted.
Approved
by the Governor on������� ���������4/13/2010; Chapter #17
For more information, please contact: Mat Palmer
SB313/HB0878� Health
Insurance - Annual Preventive Care
SB
313/HB 878 specifies that insurers, nonprofit health service plans, and health
maintenance organizations must provide coverage for covered annual preventive
care once at any time during the plan year established in the enrollee’s
policy or contract. The bill also clarifies that annual preventive care
includes only services that are covered benefits, and defines a vision
examination as one of the annual preventive care visits to which the bill
applies.
Effective Date:� October 1, 2010
Approved
by the Governor on 5/20/2010; Chapter #535 & 536
For more information, please contact: Mat Palmer
SB0314�
Health Insurance -
Assignment of Benefits and Reimbursement of Nonpreferred Providers
SB
314, with certain exceptions, prohibits preferred provider organization (PPO)
policies provided by health insurers from refusing to honor an assignment of
benefits to a health care provider. The bill also imposes specific billing,
disclosure, and payment rate requirements for on-call and hospital-based
physicians in cases where they are considered out-of-network by a PPO.
Penalties apply in some cases. This gives more negotiating leverage to
physicians by providing that an insured has the right to assign their benefit
to a nonparticipating provider, resulting in an insurance company paying a
provider directly. The provider has the choice of whether to accept the
assignment, and if the provider does so, they would then be paid a set amount
as specified and may not balance bill the insured. If the provider does
not accept the assignment, the provider would continue to operate under the
current law and would retain the ability to balance bill the insured.� In addition, the bill requires the Maryland
Health Care Commission (MHCC), in consultation with the Maryland Insurance
Administration (MIA) and Office of the Attorney General (OAG), to study the
impact of the bill on carrier network adequacy, physician reimbursement and
access, and balance billing. MHCC must submit a final report to the General
Assembly by October 1, 2014. In addition, MIA must report to the Governor and
General Assembly on the impact of specified provisions on complaints filed by
insureds regarding balance billing by December 1, 2011.� The bill’s provisions take effect and
apply to all policies, contracts, and health benefit plans issued, delivered,
or renewed in the State on or after January 1, 2011, with the exception of the
study requirements, which take effect October 1, 2010.
Effective Date:� Various
Approved
by the Governor on 5/20/2010; Chapter #537
For more information, please contact: Mat Palmer
SB0700/HB1017� Health Insurance - Child Wellness Benefits
SB
700/HB 1017 requires insurers and nonprofit health service plans to provide, in
their child wellness services, all visits for obesity evaluation and management
and all visits for and costs of developmental screening as recommended by the
American Academy of Pediatrics.
Effective Date:� October 1, 2010
Approved
by the Governor on 5/20/2010; Chapter #695 & 696
For more information, please contact: Mat Palmer
SB0704/HB1073� Insurance
- Coordination of Benefits - Health Insurance and Personal Injury Protection
SB
704/HB 1073 prohibits health insurers, nonprofit health plans, and health
maintenance organizations from requiring that personal injury protection (PIP)
benefits under a motor vehicle liability insurance policy be paid before
benefits under the health insurance policy.
Effective Date:� October 1, 2010
Approved
by the Governor on������� 5/4/2010; Chapter #340& 341
For more information, please contact: Mat Palmer
SB0723/HB1093� Health
Insurance - Clinically Integrated Organizations
SB
723/HB 1093 authorizes insurers, nonprofit health service plans, health
maintenance organizations (HMOs), and managed care organizations (carriers) to
pay a “clinically integrated organization” (CIO) or its members for
the coordination of covered services to qualifying individuals.� Carriers are further authorized to pay a CIO
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 CIO and
its members under certain circumstances.
Effective Date:� July 1, 2010
Approved
by the Governor on 5/20/2010; Chapter #598 & 599
For more information, please contact: Mat Palmer
SB0774HB0882�
Insurance Producers
– Use of Senior or Retiree Credential or Designation
SB
774/HB 882 makes it unlawful for any insurance producer to use a senior or
retiree credential or designation in a misleading way in connection with the
offer, sale, or purchase of insurance. A misleading use of a senior or retiree
credential or designation by an insurance producer constitutes a lack of
trustworthiness under the Insurance Article and subjects the producer to
administrative actions and fines. The bill also requires the Insurance
Commissioner, in consultation with the Securities Commissioner, to define
"misleading use of a senior or retiree credential or designation".
Effective Date:� July 1, 2010
Approved
by the Governor on 5/20/2010; Chapter #604 & 605
For more information, please contact: Mat Palmer
SB1031�
Health Insurance -
Surgical Treatment of Morbid Obesity - Repeal of Reporting Requirement
SB
1031 repeals the requirement for the MIA to annually report on complaints
regarding the denial of coverage for the surgical treatment of morbid obesity.
Effective Date:
October 1, 2010
Approved
by the Governor on 5/20/2010; Chapter #646
For more information, please contact: Mat Palmer
[Go to Top]��� [Go
to Bill Subjects]
Higher
Education/Financial Aid
The
largest issue facing Higher Education in this year’s session was again
the threat of further and deeper budget reductions.� The four year tuition freeze for University
System of Maryland (USM) Institutions was lifted this year; tuition will be
allowed to increase three percent, and the budget provided funds equivalent to
another two percent tuition increase.�
However, USM was forced to give up additional reserve funds which were
used to balance the budget.� Community
College funding declined slightly, and independent institutions were level
funded from the FY 2010 appropriation.
There
were very few policy issues which dealt with higher education, however, there
were attempts to exempt textbooks
from the state’s 6% sales tax, impose greater reporting requirements on
bookstores that purchase used textbooks, impose green building standards on capital projects who receive any state
funding, and allow students at private institutions a private right of action to sue on the basis of the first
amendment.� All of these pieces of
legislation ultimately failed.
Please
find details on relevant bills which passed below:
HB0257�
Evidence -
Journalist's Testimonial Privileges - Student
HB 257
extends to postsecondary student journalists the same non-disclosure of source
and information privileges currently held by professional journalists.
Effective Date:� October 1, 2010
Approved
by the Governor on������� ���������4/13/2010; Chapter #140
For more information, please contact: Mat Palmer
����
SB0080�
Maryland Higher
Education Commission - Office of Student Financial Assistance
SB 80 clarifies
the existing statute by adding the term "student financial
assistance" to the list of programs that MHEC provides to students.
Effective Date:� July 1, 2010
Approved
by the Governor on������� ���������5/4/2010; Chapter #217
For more information, please contact: Mat Palmer
SB0091�
Maryland Higher
Education Commission - Exempt Institutions
SB 91
prohibits a person from making a verbal or written statement that an
institution of postsecondary education operating without a certificate of
approval issued by MHEC is approved by, or has a certificate of approval from,
MHEC. In addition, a person may not enroll a student in the institution unless
the person gives written notice that the student acknowledges certain
limitations of the instructional program. A violator is subject to a fine of up
to $5,000 for each violation.
Effective Date:� June 1, 2010
Approved
by the Governor on������� ���������5/4/2010; Chapter #221
For more information, please contact: Mat Palmer
SB0275 Education - Maryland
Longitudinal Data System
SB
275, an administration bill, establishes the Maryland Longitudinal Data System (MLDS)
as a statewide data system containing individual-level student data from all
levels of education and into the workforce.�
It establishes the MLDS Center as an independent unit of state
government and provides the organizational placement, location, staffing, and
funding of the Center.
����
The
bill also provides that private higher education institutions may contribute
student data to the system.
Effective Date:� July 1, 2010
Approved
by the Governor on������� ���������5/4/2010; Chapter #190
For more information, please contact: Mat Palmer
SB0283/HB0470� Higher
Education Investment Fund - Tuition Stabilization and Funding
SB
283/HB 470 makes permanent the 6% distribution of corporate income tax revenues
to the HEIF and 9.15% to the general fund. The bill also establishes a Tuition
Stabilization Trust Account within HEIF to stabilize costs for resident
undergraduate students. HEIF monies may be used for specified purposes at
public four-year institutions of higher education, except St. Mary’s
College.� The bill takes effect July 1,
2010.
Effective Date:� July 1, 2010
Approved
by the Governor on������� ���������5/4/2010; Chapter #192 & 193
For more information, please contact: Mat Palmer
[Go to Top]��� [Go
to Bill Subjects]
Please
find details on relevant bills which passed below:
HB0278/SB0429����� Maryland Medical Assistance Program - Medical
Eligibility for Nursing Facility Level of Care - Report
HB 278/SB
429 takes effect July 1, 2010, and requires DHMH to report to the Senate
Finance Committee, the House Health and Government Operations Committee, and
the Medicaid Advisory Committee (MAC) at least 90 days prior to making any
change to medical eligibility for Medicaid long-term care services, including nursing
facility services, home- and community-based waiver services, and other
services that require nursing facility level of care. DHMH must also discuss
the report, which must include information specified in the bill, at a meeting
of MAC.
Effective Date:� July 1, 2010
Approved
by the Governor on������� ���������4/13/2010; Chapter #143 &144
For more information, please contact: Mat Palmer
HB0849�
Department of Health
and Mental Hygiene - Home- and Community-Based Services Waiver - Denial of
Access Prohibited
HB 849
prohibits DHMH from denying an individual access to a home- and community-based
services waiver due to lack of funding if, in addition to meeting other
existing criteria, at least 30 consecutive days of the individual’s
nursing facility stay are eligible to be paid for by the Maryland Medical
Assistance (Medicaid) program, rather than requiring that nursing home services
be paid for by Medicaid for at least 30 consecutive days immediately prior to
the application.
Effective Date:� October 1, 2010
Approved
by the Governor on������� ���������5/4/2010; Chapter #442
For more information, please contact: Sheila Higdon
[Go to Top]��� [Go
to Bill Subjects]
Many
medical malpractice and tort reform bills introduced this year have been
introduced previously over the past several years but have not yet been able to
gain enough votes to pass.� This session
was not different in that regard with one exception.� Legislation passed (SB 119) that raises the amount in controversy for trial by jury
in civil cases from $10,000 to $15,000 upon the passage of a constitutional
amendment by Maryland voters in November 2010.�
As originally introduced, the bill would have raised the amount to
$20,000 but was reduced to allow for a compromise.
Again
this year the physician apology bill, that would have prohibited words or gestures of remorse by a health provider
following an adverse medical event from being introduced in a subsequent
medical malpractice case, was
unsuccessful.� Also unsuccessful was the hospital immunity bill which would have
granted immunity from civil suits where hospitals stop, search, and/or detain
individuals suspected of stealing a device that contained personal patient
health information. However, we successfully defeated bills to remove the cap
on noneconomic damages in medical
malpractice cases.�
Please
find details on relevant bills which passed below:
SB0118�
Courts - Jury
Trials in Civil Actions - Amount in Controversy
SB 118 alters the amount in controversy in a civil action
in which a party may not demand a jury trial from $10,000 to $15,000, exclusive
of attorney's fees if attorney's fees are recoverable by law or by
contract. The bill is prospective only in application and may not be
applied or interpreted to have any effect on or application to any civil action
filed before the effective date of the bill.
Effective Date:� Constitutional
Approved
by the Governor on������� ���������5/4/2010; Chapter #225
For more information, please contact: Delora Sanchez
SB0119�
Civil Jury Trials
- Amount in Controversy
SB
119 is an amendment to the Maryland Constitution that
increases, from over $10,000 to over $15,000, the amount in controversy in
civil proceedings in which the right to trial by jury may be limited by
legislation. This
constitutional amendment will be submitted to
Maryland voters at the next general election to be held in November, 2010, for
their adoption or rejection.
Effective Date:� Constitutional
Assigned
a chapter number on� ���������5/4/2010;Chapter #480 -- enactment subject to
constitutional referendum
For more information, please contact: Delora Sanchez
[Go to Top]��� [Go
to Bill Subjects]
Legislation that would
have prohibited individuals from receiving funds from the Criminal Injuries Compensation Fund was successfully defeated.� The Criminal Injuries Compensation Board
administers the fund which is a payer of last resort for medical expenses and
provides financial assistance to innocent victims of violent crimes.� Approximately 64% distributed funds go to
hospitals to pay medical bills and 43.8% or approximately $500,000, in annual
awards goes to residents of Baltimore City; Johns Hopkins Hospital and Bayview Medical Center frequently treat victims of violent
crime.� The defeated bill would have made
individuals who have ever been convicted of certain crimes ineligible to
receive money from the fund and would have also prohibited payment to
physicians who have provided treatment to those patients.�
Please
find details on relevant bills which passed below:
HB0423�
Life and Health
Insurance Guaranty Corporation - Maximum Liability
HB 423
increases the Life and Health Insurance Guaranty Corporation’s maximum
liability in the event of an insolvency of an insurer. For one life, the
maximum liability for the present value of annuity benefit limit is increased
from $100,000 to $250,000.
Effective Date:� October 1, 2010
Approved
by the Governor on������� ���������5/4/2010; Chapter #414
For more information, please contact: Mat Palmer
HB1389�
Traffic Cases -
State Police Helicopters and Ambulance, Fire, and Rescue Companies
HB
1389 requires a $7.50 surcharge to be imposed for all other traffic cases,
except as otherwise specified. �Currently
that surcharge is added to court costs in a traffic case in which points are
assessed as the result of a conviction.�
The surcharge is applicable to those cases in which the defendant is
tried or waives the right to trial and instead pays the preset fine or penalty
deposit according to the schedule established by the District Court.� However, it will not be applied in
uncontested automated citations for red light, speed, or work zone
violations.� Funds generated through this
surcharge must be annually credited to the Volunteer Company Assistance Fund (VCAF)
until $20 million is credited to the fund at which point the funds will be
credited to the state general fund.
Effective Date:� October 1, 2010
Approved
by the Governor on 5/20/2010; Chapter #735
For more information, please contact: Delora Sanchez
SB0442/HB0138� Criminal
Injuries Compensation Board - Right to Hearing
SB
442/HB 138 provides that a claim filed with the Criminal Injuries Compensation
Board is subject to provisions of the Administrative Procedure Act.� The bill provides that if a claimant requests
a hearing after the Board has issued a proposed findings of fact, conclusions
of law, or orders, the Board must hold a hearing before it issues final
findings of fact, conclusions of law, or orders.
Effective Date:� October 1, 2010
Approved
by the Governor on������� ���������5/4/2010; Chapter #69 & 70
For more information, please contact: Delora Sanchez
SB0444/HB0771� Blue
Ribbon Commission to Study Retiree Health Care Funding Options –
Extension of Reporting and Termination Dates
SB
444/HB 771 extends the termination date for the Blue Ribbon Commission to Study
Retiree Health Care Funding Options by two years, from June 30, 2010, until
June 30, 2012. It also extends the deadline for submission of a final report
from December 31, 2009, to December 31, 2011, and requires the commission to
submit an interim report by December 31, 2010.
Effective Date:� June 1, 2010
Approved
by the Governor on 5/20/2010; Chapter #560 & 561
For more information, please contact: Mat Palmer
SB0979/HB1370� Public
- Private Partnerships - Oversight
SB
979/HB1370 defines a “public-private partnership” (P3) and
establishes a framework of P3 reporting requirements and oversight procedures
for State entities. The bill establishes a Joint Legislative and Executive Commission
on Oversight of Public-Private Partnerships.�
MDOT, DGS, and DLS must provide staff support for the commission. The
commission must submit a final report by December 1, 2011, providing findings
and recommendations to the Governor and the General Assembly.
Effective Date:� June 1, 2010
Approved
by the Governor on 5/20/2010; Chapter #640 & 641
For more information, please contact: Sheila Higdon
[Go to Top]��� [Go
to Bill Subjects]
����
An
Advisory Council on Prescription Drug Monitoring was established by legislation
at the end of the 2009 session to study the feasibility of establishing a prescription drug monitoring program (PDMP)
within Maryland.� The Council completed
its study and presented its findings and recommendations to the General
Assembly early in the 2010 session.�
Legislation was introduced to create a PDMP but was unsuccessful
primarily because it did not fully contain the recommendations of the Council
and did not identify a funding stream for the program.�
Bills
failed that aimed to reduce the amount of unused pharmaceuticals that enter the
environment.� Operation Take-Back would have required retail pharmacists to
provide information to consumers about how to properly dispose of unused
prescription drugs.� Another bill failed
because it was duplicative of health facilities’ current practices that
ensure appropriate and environmentally safe disposal of unused medications.
Please
find details on relevant bills which passed below:
HB0067�
Senior
Prescription Drug Assistance Program - Sunset Extension
HB 67
extends the termination date of the SPDAP 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
Approved
by the Governor on������� ���������4/13/2010; Chapter #119
For more information, please contact: Delora Sanchez
HB0071�
Senior
Prescription Drug Assistance Program - Training for Insurance Producers
HB 71,
a departmental bill, is designed to increase the level of education of
insurance producers by requiring an insurance producer to obtain continuing
education in the kind or subdivision of insurance for which the insurance
producer has received a license.� Each
insurance producer who markets the SPDAP or assists a Medicare beneficiary to
enroll in SPDAP must receive continuing education that directly relates to
SPDAP. The Board of Directors of MHIP are authorized to adopt regulations that
require an insurance producer to receive training about the Program before the
insurance producer may market the Program or assist a Medicare beneficiary to
enroll in the program.
Effective Date:� October 1, 2010
Approved
by the Governor on������� 4/13/2010; Chapter #121
For more information, please contact: Delora Sanchez
SB0163/HB0868� State
Board of Pharmacy – Wholesale Distributor Permitting and Prescription
Drug Integrity Act – Revisions
SB
163/HB 868 authorizes DHMH to purchase and distribute prescription drugs and
prescription devices for public health purposes.� The Department must adopt regulations, in
consultation with the State Board of Pharmacy, to implement this bill.� Additionally, this bill clarifies the
conditions under which the Board may grant deemed status to a wholesale
distributor of prescription drugs or prescription devices.
Effective Date:� October 1, 2010
Approved
by the Governor on������� ���������5/4/2010; Chapter #239 & 240
For more information, please contact: Delora Sanchez
[Go to Top]��� [Go
to Bill Subjects]
Last
session we opposed several bills that would have made Salvia (an herb that can cause hallucinogenic effects when smoked
or chewed) illegal in Maryland because the legislation would have inadvertently
halted research being conducted on the herb at the School of Medicine.�� This year we worked with the sponsors of the
bills and the Attorney General’s Office to develop legislation that would
place an age restriction on the substance as opposed to placing Salvia on
Schedule I. �This compromise directly
addresses the need to eliminate the use of the substance by youth while
simultaneously allowing the potential benefits of Salvia to continue to be
studied and discovered through medical research.� The House version of the passed legislation
also contains a provision that we advocated for which expressly states that the
law shall not prohibit an accredited academic, medical, or research institution
from conducting research on Salvia.
Genetic testing
During
the interim, Johns Hopkins representatives participated in a task force
addressing genetic privacy, which
resulted in the introduction of one bill dealing with genetic information
rights as it pertained to health and life insurance.�� The bill included a definition which would
have held any genetic research harmless from the legislation, and was
acceptable to our legal department; however, the bill did not make it out of
committee.
Stem Cell Research
Fund
Several bills
that would have amended current statute related to the Maryland Stem Cell Research Fund were introduced but failed.� One would have required that beginning in FY
2012 five percent of each year’s appropriation for stem cell research
funding be designated for research using adult stem cells to treat adults with
sickle cell disease.�� Another bill would
have added multiple redundant reporting requirements for those researchers who
are awarded stem cell funding.�
Please find
details on relevant bills which passed below:
HB1145/SB0017� Criminal
Law – Salvia Divinorum and Salvinorin A – Distribution to and
Possession by Individual Under 21 Years of Age
HB 1145/SB 17 prohibits a person from distributing Salvia
Divinorum or Salvinorin A
to an individual under 21 years and prohibits an individual under the age of 21
years from possessing Salvia Divinorum. This bill
does not preempt any local or municipal law regulating the use, possession, or
distribution of Salvia divinorum or Salvinorin A. The bill does not prohibit an
accredited academic institution, medical institution or research facility from
conducting research on Salvia divinorum or Salvinorin A.
Effective Date: June 1, 2010
Approved
by the Governor on������� ���������5/4/2010; Chapter #201
For more information, please contact: Delora Sanchez
[Go to Top]��� [Go
to Bill Subjects]
There
were a number of efforts to alter the
tax code in Maryland in the 2010 legislative session.� Due to the fiscal challenges facing the State
there were efforts to increase revenues by raising both the tax on alcohol and
motor fuel, expand the sales tax to all online sales, and to institute combined
reporting on corporations.� In contrast,
there were also a number of efforts to either exempt sales of certain products
from the sales and use tax, or to reduce the sales and use tax from 6% to
5%.� All of these efforts were
unsuccessful.
Please
find details on relevant bills which passed below:
HB1161�
Tax Increment
Financing and Special Taxing Districts - State Hospital Redevelopment
HB
1161 authorizes certain counties and municipalities to finance the costs of
infrastructure improvements located in or supporting a State hospital
redevelopment, including the cost for operation and maintenance of
infrastructure improvements. The Maryland Economic Development Corporation
(MEDCO) may enter into agreements with certain counties and municipalities to
use proceeds from a special taxing district, including tax incremental
financing (TIF), to repay debt service on bonds issued by MEDCO on behalf of a
State hospital redevelopment. TIF supported bonds may cover the expense of
construction, operation, or maintenance of infrastructure improvements and
local tax revenues attributed to the development may be pledged for repayment
of MEDCO bonds.
Effective Date: July 1, 2010
Approved
by the Governor on 5/20/2010; Chapter #726
For more information, please contact: Sheila Higdon
[Go to Top]��� [Go
to Bill Subjects]
While
there were no decisions made to address the ever increasing shortfall in funds
for the Transportation Trust Fund, the General Assembly did take action to
establish a Blue Ribbon Commission on
Maryland Transportation Funding (SB 229/HB 710).� The Commission will attempt to tackle this
looming problem of addressing funding for transportation infrastructure
maintenance and new construction, and develop short and long term solutions.� The Commission is slated to submit an interim
report in January of 2011 and final report by November of 2011.
Please
find details on relevant bills which passed below:
SB0229/HB0710� Blue
Ribbon Commission on Maryland Transportation Funding
SB 229/HB
710 establishes a Blue Ribbon Commission on Maryland Transportation Funding.
The commission must submit an interim report by January 1, 2011, and a final
report by November 1, 2011, providing findings and recommendations to the
Governor and the General Assembly.
Effective Date: July 1, 2010
Approved
by the Governor on 5/20/2010; Chapter #525 & 256
For more information, please contact: Mat Palmer
[Go to Top]��� [Go
to Bill Subjects]
This
session the General Assembly enacted legislation to modernize the state’s unemployment insurance laws (SB 107/HB
91) to make it eligible for $126.8 million in federal stimulus funding.� The legislation is an attempt to stabilize
the dwindling unemployment insurance trust fund (UITF) which has been in
decline due to increased unemployment insurance claims.�� The American Recovery and Reinvestment Act made
$7 billion available to states that modernize their unemployment insurance
laws.� In order to qualify for funding,
Maryland amended its unemployment insurance laws to allow an alternative base
period; expand eligibility for unemployment insurance benefits to workers while
they are in training programs and allow part-time workers to qualify for
unemployment insurance.�� Maryland was
the first state to qualify for its full share of stimulus funds by passing this
legislation, signed into law March 25, 2010.�
On May 6, 2010, the Department of Labor certified a one-time release of $126.8 million to increase the
balance of the UITF and pay unemployment insurance benefits.
A bill that failed last session
was successful this year after its application was narrowed.� The shift break bill failed last session
after strong opposition from the business community.� This session the Healthy Retail Employee Act passed (SB 789) and requires certain retailers to provide nonworking
shift breaks to employees.� Unlike the shift break bill which would
have required all Maryland employers to provide a nonworking shift break to employees,
the Healthy Retail Employee Act only applies to retailers and has no impact on
Johns Hopkins Institutions.� Legislation was also passed
(SB 694/HB 214) that will add overtime wages to the definition of wage as defined in the Wage Payment and Collection
Law.
In
collaboration with similarly situated stakeholders, Johns Hopkins successfully
lobbied in opposition to the following troublesome workplace regulation bills
which would have had an unfavorable affect on large private employers:
�
The Maryland Family
and Medical Leave Act
(MFMLA) would have required employers to extend leave that a covered employee
currently enjoys for a spouse, son, daughter, or parent to also include the
employee’s brother, sister, grandparent, grandchild, or domestic partner
and the son or daughter of the eligible employee's domestic partner.� Employees would also have been allocated to
up to 12 weeks of leave in addition to the 12 weeks of leave allocated under
the Federal Family and Medical leave Act for a total of 24 weeks of leave.
�
Bills
that would have shifted state costs to business by requiring employers to compensate employees for jury service,
removed the living wage nonprofit
exemption from service contracts, and a prohibited employers from using an
applicant or employee’s credit
history in making employment decisions all failed.
�
A
proposal to prohibit discrimination
based on family responsibility failed as it was overly broad and did not
define family responsibility clearly, making employers susceptible to frivolous
law suits.
�
An
attempt to expand the scope of unlawful employment practice to include
instances where discrimination is a motivating
factor even when other factors were involved as failed.
HB0249�
Insurance
- Premium Increase for Commercial and Workers' Compensation Insurance- Notice
HB 249 requires an insurer who sells either commercial insurance
or workers’ compensation insurance to send to an independent insurance
producer a copy of the renewal policy that includes the renewal policy premium
through postal or electronic mail, or at the same time as the insurer sends the
renewal policy to the insured, a notice of the availability of the renewal
policy through the insurer's online electronic system.� An insurer will be considered to have met the
notice requirement of the bill if, not less than 45 days before the effective
date of the renewal policy, the insurer has sent the information as specified
above.
Effective Date:� October 1, 2010
Approved
by the Governor on 5/20/2010; Chapter # 663
For more information, please contact: Delora Sanchez
HB0404
�Labor
and Employment - Wage Payment and Collection - Order to Pay Wages
HB 404 a departmental bill, establishes
an administrative procedure for the Commissioner of Labor and Industry on
receipt of a complaint for failure to pay wages that do not exceed $3,000.� The bill authorizes the Commissioner to issue
an order to pay wages based on review of the complaint and an investigation of
the claim, if any.� The bill further
authorizes the Commissioner to enforce payment in the District Court if a
petition for review is not filed within 30 days of the issuance of the Commissioner's
final order to pay wages.
Effective Date:� October 1, 2010
Approved
by the Governor on 4/13/2010; Chapter #151
For more information, please contact: Delora Sanchez
HB1295�
Workers'
Compensation - Uninsured Employers' Fund - Uninsured Employer Assessments
HB
1295 increases the amount of assessments that the Workers' Compensation
Commission imposes against uninsured employers to at least $500 but not
exceeding $1,000, as well as 15% of any award made in the claim, not exceeding
$5,000 in any one claim. �The Commission
must direct payment into the Uninsured Employers’ Fund.
Effective Date:� October 1, 2010
Approved
by the Governor on 5/20/2010; Chapter #731
For more information, please contact: Delora Sanchez
����
SB0058�
Workers'
Compensation - Division of Rehabilitation Services - Unpaid Work-Based Learning
Experiences
SB 58
establishes that a Division of Rehabilitation Services (DORS) consumer who is placed
with an employer in an unpaid work-based learning experience is a covered
employee of that employer for the purpose of coverage for medical services and
treatment under State workers' compensation laws. That employer must maintain
workers' compensation coverage for that DORS consumer, and MSDE will reimburse
the employer in the amount of the cost of the premium for the workers'
compensation coverage or $250, whichever is less.
Effective Date:� July 1, 2010
Approved
by the Governor on 5/4/2010; Chapter #209
For more information, please contact: Delora Sanchez
SB0107�
Unemployment Insurance
– Tax Deferment, Trust Fund Solvency, and Cost–Neutral
Modernization Act
SB
107, an emergency Administration bill, provides for an alternative method to
determine the base period for unemployment insurance purposes.� The bill expands eligibility for unemployment
insurance to individuals enrolled in a qualified job training program; alters
the minimum amount of wages paid to a claimant for covered employment for the
claimant to be eligible for benefits; decreases the threshold for subtracting
wages to determine an eligible claimant's weekly benefit amount; and repeals a
provision that eliminates unemployment insurance benefits for claimants who
become sick or disabled.� The bill alters
the criteria used to determine when a disqualification for a finding of gross
misconduct in connection with employment will end and reduces the interest rate
from 1.5% to 0.5% for certain late payments during calendar years 2010 and
2011.
Finally,
the bill requires the Joint Committee on Unemployment Insurance Oversight to
study certain changes that would provide a cost-neutral plan to effectuate an
increase in the maximum weekly benefit amount.�
The study must include a determination of the impact of lowering the amount
of wages that may be substracted in the calculation of the weekly benefit
amount, and the Joint Committee must report to the Governor on or before
December 1, 2010.
Effective
dates of the bill vary by provision as follows:
�
Section 4 of the bill, regarding the weekly
benefit amount to assign to a claimant, will be effective March 1, 2012, and
will apply to all claims filed establishing a new benefit year on or after
March 4, 2012.
�
Sections 6 and 7, regarding contributions for
taxable wages and� the interest rates
affecting due and unpaid contributions or reimbursements, will be effective
January 1, 2012, and will apply to contributions on taxable wages for covered
employment beginning or or after January 1, 2012.
�
Sections 1,2, and 5, regarding base period,
part-time workers, and the computation of an eligible claimant's weekly benefit
amount, will be effective March 1, 2011, and will apply to all claims filed
establishing a new benefit year on or after March 6, 2011.
�
Section 3, regarding when the Secretary may
not charge benefits paid to a claimant against the earned rating record of an
employment unit, will be effective March 1, 2011, and will apply to all
claimants in approved training on or after March 6, 2011.
Effective Date:� March 1, 2011
Approved
by the Governor on 3/25/2010; Chapter #2
For more information, please contact: Delora Sanchez
SB0694/HB0214� Labor and Employment - Wage
Payment and Collection Law - Definition of Wage
SB 694/HB 214 adds overtime wages to the definition of
"wage" as used in the Wage Payment and Collection Law.� The definition of "wage" now
includes a bonus, a commission, a fringe benefit, and overtime wages or any
remuneration promised for service.
Effective Date:� October 1, 2010
Approved
by the Governor on 4/3/2010; Chapter # 99 & 100
For more information, please contact: Delora Sanchez
SB0789�
Labor and
Employment - The Healthy Retail Employee Act
SB 789
requires retail employers operating retail establishments to offer nonworking
shift breaks to their employees.� The
bill applies to retail businesses in the State that employ 50 or more retail
employees during each working day for 20 or more weeks in the preceding or
current year. The employees may be located in one location or in multiple
franchised locations that operate under the same trade name. If an employer
violates this bill, an employee of that employer is authorized to file a
complaint with the Commissioner of Labor and Industry, and the Commissioner is authorized
to investigate the complaint.� The bill
authorizes the Commissioner to assess civil penalties under certain
circumstances, and requires the Commissioner to consider certain factors when
determining whether an employer has violated this Act, or when determining the
amount of a civil penalty.
This
bill also authorizes certain civil actions under specified circumstances.� The bill does not apply to wholesale
establishments or restaurants or to units of State, county, or municipal
governments.
Effective Date:� March 1, 2010
Approved
by the Governor on5/20/2010; Chapter #612
For more information, please contact: Delora Sanchez
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 |
Main Phone: 443-287-9898 |
Sheila
Higdon��������� ����� [email protected]
Mat
Palmer��������������� ����� [email protected]
Delora
Sanchez������ ����� [email protected]
Matthew
Greenwood���� [email protected]
Mickey Geisler��������� ����� [email protected]
[Go to Top]��� [Go
to Bill Subjects]
Legislative Hotline is a service of
Johns Hopkins Government Affairs.
� 2010 The Johns Hopkins Institutions.
Office of Government, Community and Public Affairs.