Legislative Hotline

2011 SESSION OF THE
MARYLAND GENERAL ASSEMBLY






Volume 17, Number 2





February 9, 2011

Here are some of the hot issues as the 2011 Legislative Session develops:

Higher Education Budget Analysis
State of the State Address
Leadership Visits to Annapolis
Urban Health Residency Program presented by Dr. Weisfeldt
Dean Andrews visits the General Assembly
Dean Newman visits the General Assembly


BILLS INTRODUCED
STAFF CONTACT INFORMATION



Higher Education Budget Analysis


The House and Senate subcommittees which oversee higher education funding received their budget analysis briefings from the Department of Legislative Services (DLS) on January 31 and February 1 this week. Overall, the three segments of higher education (publics, privates and community colleges) have been level funded in the Governor�s proposed FY 2012 budget. However, there are two forms of new money intended to avoid or reduce tuition increases: 1.) tuition replacement funds ($9.1 million) allocated to the University System of Maryland and Morgan State University, and 2.) Keeping Maryland Community Colleges Affordable grant ($5 million). The Sellinger Aid program is level funded at $38.44 million.

DLS also mentioned that the Budget Reconciliation and Financing Act (BRFA) references $900,000 worth of savings associated with the proposed merger of MHEC and MSDE. The legislation or details of how the merger and restructuring will be accomplished have not been released by the Administration.

DLS did provide one proposed amendment to the BRFA which would adjust the Sellinger formula down 0.5% in FY 2013 through FY 2016 as it grows back to full funding in FY 2021. This amendment would save the state approximately $2 million each year, but would not provide any long-term deficit savings. Tina Bjarekull, President of MICUA, testified in opposition to the DLS recommendation, and our staff will be lobbying the legislature to resist this proposal.


State of the State Address


On Thursday, February 3, Governor O�Malley gave his fifth State of the State address to a joint session of the Maryland General Assembly. The speech was upbeat in tone while addressing some of the state�s challenges. A major point emphasized by the Governor was the importance of innovation, and its roots in quality education. Also emphasized was Maryland�s favorable economic position moving into the future, partly due to having �one of the most highly skilled workforces of any state in America� leading institutions of discovery and higher learning� [and sitting] at the national epicenter of science, security, health, and healing.� The Governor�s �Invest Maryland� legislative proposal is intended to further this goal by generating $100 million in venture capital funding for Maryland.


Leadership Visits to Annapolis


Academic Health Centers Present to the Health and Government Operations Committee (HGO)
On Wednesday, February 2, Johns Hopkins was asked to brief the House Health and Government Operations Committee on the important role academic medical centers play in the state�s health care system and economy. The University of Maryland was also asked to participate in this briefing. Dr. Miller and Mr. Peterson gave an overview of Johns Hopkins Medicine, discussing the economic impact, accomplishments and community benefits of Johns Hopkins Medicine. The briefing was well received.


Urban Health Residency Program presented by Dr. Weisfeldt


On Wednesday, February 2, Dr. Myron Weisfeldt, Director of the Department of Medicine, gave a presentation to the Senate Finance Committee on the Urban Health Residency programs. The committee chairman had requested that we visit and speak about efforts to address the growing need for primary care physicians in the state.


Dean Andrews visits the General Assembly


On Wednesday, February 2, David Andrews, Dean of the School of Education visited the Governor�s staff, chairs of various education committees and other key legislators that have a vested interest in K-12 policy issues. Dean Andrews discussed strategies that the School of Education has developed to produce high quality educators; improve academic and behavioral outcomes for at-risk children; and determine what it means to be a �highly effective� teacher. Each meeting was very productive and created the foundation for collaborative opportunities with key policy makers in the future.


Dean Newman visits the General Assembly



On Thursday, February 3, Dean Katherine Newman visited the General Assembly and met with a number of legislative members to discuss Johns Hopkins priorities, as well as areas of her own particular expertise of interest to various lawmakers. Legislators are always interested in meeting with the leaders of Johns Hopkins and were very appreciative for the visit.


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General Education
Handgun
Health Care Administration
Health Care Facilities
Health Care Occupations
Health Insurance/Health Care Access
Health Reform
Health, General/Public/Environmental
Higher Education/Financial Aid
Research/Human Subject
Workplace Regulation

BILLS INTRODUCED

General Education


HB0127 State Board of Education - Financial Literacy Curriculum - Graduation Requirement

This bill requires high school students to complete a course in financial literacy. Requires the State Board of Education to develop curriculum for a financial literacy course, and requires each county board of education to implement the financial literacy curriculum in every high school in the county.

Effective Date: October 1, 2011
For more information, please contact: Delora Sanchez

SB0098 Baltimore City Board of School Commissioners - Annual Report Requirement - Repeal

This bill repeals the requirement that the Chief Executive Officer and the Baltimore City Board of School Commissioners issue an annual report including a financial statement, progress of the transition plan or master plan, assessment of student performance, and information on debt payments for Baltimore City Schools.

Effective Date: October 1, 2011
For more information, please contact: Delora Sanchez

SB0123 Education - Public Charter School Facility Revolving Loan Fund

This bill establishes the Public Charter School Facility Revolving Loan Fund for the purpose of lending money to approved applicants for public charter school facilities. Requires the State Board of Education to administer the Fund and consider specified factors when evaluating loan applications. Bill specifies that in any fiscal year a single loan may not exceed $100,000, aggregate loans may not exceed $150,000, and aggregate loans may not exceed $500,000 over a period of 5 fiscal years. Bill also specifies provisions for loan repayment.

Effective Date: October 1, 2011
For more information, please contact: Delora Sanchez

SB0201 Baltimore City - Age for Compulsory Public School Attendance - Exemption

This bill increases the age for compulsory public school attendance in Baltimore City schools be 18 years and requires parents or guardians of children to provide written consent before the children may withdraw from public school attendance.

Effective Date: July 1, 2011
For more information, please contact: Delora Sanchez

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Handgun


SB0161 Regulated Firearms - Applications for Dealer's License - Record Keeping andReporting Requirements

This bill requires the Secretary of State Police to deny an application for a state-regulated firearms dealer�s license if the Secretary determines that an applicant intends that a person who is not eligible to be issued a dealer�s license or whose dealer�s license has been revoked or suspended will participate in the management or operation of the business. The bill also requires licensed dealers to keep records of all receipts, sales, and other dispositions of firearms.

Effective Date: October 1, 2011
For more information, please contact: Delora Sanchez

SB0162 Firearms - Detachable Magazines - Maximum Capacity for Ammunition

This bill alters the maximum capacity in a detachable magazine for a firearm that can be manufactured, sold, offered for sale, purchased, received, or transferred. The bill also alters the number of rounds of ammunition (from 20 rounds to 10 rounds) in a magazine or an assault pistol which, when used by a person in the commission of a felony or crime of violence, results in that person being guilty of a misdemeanor and subject to specified penalties.

Effective Date: October 1, 2011
For more information, please contact: Delora Sanchez

SB0173 Criminal Law - Diminution Credits - Possession of a Regulated Firearm by PersonConvicted of Crime of Violence

This bill decreases the number of days per month that an inmate serving a term of confinement is allowed as a deduction in advance from the inmate�s term of confinement. Applies to inmates serving a term of confinement for a crime of possession of a regulated firearm by a specified person prohibited from possessing a regulated firearm.

Effective Date: October 1, 2011
For more information, please contact: Delora Sanchez

SB0174 Criminal Law - Use of Firearm in the Commission of a Crime of Violence or aFelony

This bill prohibits the use of specified firearms in the commission of crimes of violence or felonies. The bill also defines �firearms.�

Effective Date: October 1, 2011
For more information, please contact: Delora Sanchez

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Health Care Administration


HB0264 Home Health Care Services - Documents Requiring Signature

This bill provides that any document which is signed by a person receiving health care services in the home must contain the words "THIS SIGNATURE IS FOR VERIFICATION OF VISIT ONLY".

Effective Date: October 1, 2011
For more information, please contact: Mat Palmer

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Health Care Facilities


HB0216 Health Services Cost Review Commission - User Fees

This bill increases the total amount of user fees that the Health Services Cost Review Commission can assess on hospitals and other institutions whose rates are approved by the HSCRC from $5,500,000 to $7,000,000.

Effective Date: July 1, 2011
For more information, please contact: Nicki McCann

HB0286 Hospitals and Freestanding Ambulatory Care Facilities - Pracitioner PerformanceEvaluation

This bill requires hospitals, as a condition of licensure, to establish a practioner performance evaluation process; this bill also requires the practioner performance evaluation process to include a review of care provided to patients at the hospital by the members of the medical staff. A hospital is required to take the performance evaluation into account for a member of the medical staff in the reappointment process. Failure to comply with these requirements may result in a fine of up to $500 per day per violation. The Maryland Hospital Association has worked with the sponsor of this bill and all of the MHA proposed changes have been incorporated into the bill.

Effective Date: October 1, 2011
For more information, please contact: Nicki McCann

SB0428 Mental Hygiene - Admission Provisions - Definition of "Psychologist"

This bill alters the definition of a "psychologist" for provisions of law relating to admissions to mental health facilities by removing the requirement that a psychologist be listed in the National Register of Health Service Providers in Psychology.

Effective Date: October 1, 2011
For more information, please contact: Nicki McCann

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Health Care Occupations


HB0097 Behavioral Health - Integration of Mental Health and Addiction Treatment Services

This bills requires the Department of Health and Mental Hygiene to develop a plan and workgroup to: identify methods to integrate the provision of mental health and addiction treatment services at the local level; examine the funding of mental health services and addiction treatment services; and make recommendations regarding the workgroup�s findings.

Effective Date: July 1, 2011
For more information, please contact: Delora Sanchez

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Health Insurance/Health Care Access


HB0083 Health Insurance - Ambulance Service Providers - Direct Reimbursement

This bill would require health insurers and HMO's to reimburse an ambulance service provider directly for covered services.

Effective Date: October 1, 2011
For more information, please contact: Mat Palmer

HB0251 Health Insurance - Prescription Drugs - Cost-Sharing Obligations

This bill provides that an insurance carrier or HMO may not impose a prescription drug cost-sharing amount of more than $100 for a one month supply of a prescribed pharmaceutical.

Effective Date: October 1, 2011
For more information, please contact: Mat Palmer

HB0444 Health Insurance - Provider Panels - Notice of Receipt of Application

This bill requires a health insurance carrier to notify a health care provider if they have received a completed application to become a participating provider in a provider panel within 10 days of receipt of full documentation.

Effective Date: October 1, 2011
For more information, please contact: Mat Palmer

HB0446 Health Insurance - Coverage for Preventive Physical Therapy - Required

This bill would require health insurance policies to include coverage for preventive physical therapy a member who is diagnosed with multiple sclerosis. The bill also provides specified deductibles for coverage, coinsurance requirements, calendar year maximums, waiting periods, treatment limitations, and other requirements.

Effective Date: October 1, 2011
For more information, please contact: Mat Palmer

SB0154 Health Insurance - Ambulance Service Providers - Assignment of Benefits

This bill requires health insurers and HMO's to reimburse an ambulance service provider directly for covered services.

Effective Date: October 1, 2011
For more information, please contact: Mat Palmer

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Health Reform


SB0175 Maryland Health Quality and Cost Council

This bill establishes the Maryland Health Quality and Cost Council for the purpose of coordinating and facilitating collaboration on health care quality improvement and cost containment initiatives. The bill provides for the membership of the Council and logistics of Council member behavior.

Effective Date: October 1, 2011
For more information, please contact: Delora Sanchez

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Health, General/Public/Environmental


HB0229 Income Tax - Subtraction Modification - Health Improvement and Cost Savings Act of 2011

This bill would provide income tax credit of set amounts for expenses associated with the following: personal trainer, martial arts, yoga, gym membership, tobacco cessation or weight loss program.

Effective Date: July 1, 2011
For more information, please contact: Mat Palmer

HB0380 Public Benefits - Requirement of Proof of Lawful Presence

This bill requires all individuals to produce either a driver's license or a United States military card before receiving federal public benefits or State local benefits. Several benefits are exempting from this requirement such as emergency room care, public education, prenatal care and immunizations.

Effective Date: October 1, 2011
For more information, please contact: Nicki McCann

SB0415 Vehicle Laws - Prohibition Against Smoking in Vehicle Containing Young Child

This bill prohibits the driver of a motor vehicle from smoking in the car if an individual under the age of 8 years old is a passenger. Violators would be subject to a fine of not more than $50.

Effective Date: October 1, 2011
For more information, please contact: Nicki McCann

SB0426 Pregnancy Outcomes - Confidential Statistical Reporting Requirements

This bill requires a hospital or a facility where a pregnancy is terminated to report the pregnancy termination to the Department of Health and Mental Hygiene. The report may not include the name of the individual whose pregnancy was terminated. The report must include specific background information on the individual whose pregnancy was terminated. This bill does not apply to Health Services Cost Review Commission (HSCRC) regulated hospitals already submitting information on pregnancy terminations to the HSCRC.

Effective Date: October 1, 2011
For more information, please contact: Nicki McCann

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Higher Education/Financial Aid


HB0400 Higher Education - Eligibility for Student Financial Assistance - Requirement of Lawful Presence

This bill would require a student to show proof of legal residency in the United States in order to receive financial assistance.

Effective Date: July 1, 2011
For more information, please contact: Mat Palmer

HB0401 Public Institutions of Higher Education - Tuition - Undocumented Aliens

This bill requires public institutions of higher education to require documentation that certifies that an individual applying for in-State tuition is lawfully present in the United States.

Effective Date: July 1, 2011
For more information, please contact: Mat Palmer

HB0440 Janet L. Hoffman Loan Assistance Repayment Program - Exemption from Taxation

This bill would provide an income tax deduction for the amount received as part of the Hoffman Loan Assistance Repayment Program.

Effective Date: July 1, 2011
For more information, please contact: Mat Palmer

SB0288 Higher Education - Cultural Diversity Programs - Reporting Requirements

This bill would change the due date of the Cultural Diversity Progam reports from May 1 to July 1 of each year.

Effective Date: July 1, 2011
For more information, please contact: Mat Palmer

SB0289 Higher Education - Edward T. Conroy Memorial Scholarship Program - Eligibility

This bill would clarify that the child of a person killed in the line of duty, who does not live in Maryland, would be eligible for the Conroy Memorial Scholarship if they chose to attend a Maryland institution.

Effective Date: July 1, 2011
For more information, please contact: Mat Palmer

SB0292 Institutions of Postsecondary Education - Falsified Transcripts, Diplomas, and Grade Reports - Penalties

This bill would clarify the statute to ensure that it is illegal to falsify transcripts or diplomas of postsecondary institutions, or to manufacture or sell such falfsified documents.

Effective Date: October 1, 2011
For more information, please contact: Mat Palmer

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Research/Human Subject


SB0171 Criminal Law - Controlled Dangerous Substances - Synthetic Cannabinoids

This bill adds specific chemical compounds, known as synthetic cannabinoids, to the list of Schedule I substances for purposes of designating controlled dangerous substances that may not be legally used, possessed, or distributed.

Effective Date: October 1, 2011
For more information, please contact: Delora Sanchez

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Workplace Regulation


HB0087 Job Applicant Fairness Act

This bill prohibits employers from considering an applicant�s or employee�s credit report or credit history in denying employment, discharging an employee, and determining an employee�s compensation. Employers may consider an applicant�s or employee�s credit history or credit report when the purpose is substantially job-related or is disclosed in writing to the employee or applicant. The bill authorizes an applicant or employee to bring a civil action for a violation of the Act.

Effective Date: October 1, 2011
For more information, please contact: Delora Sanchez


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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
47 State Circle, Suite 203
Annapolis, MD 21401
410-269-0057
fax 410-269-1574

Mickey Geisler [email protected]
Matt Greenwood [email protected]
Sheila Higdon [email protected]
Tom Lewis [email protected]
Nicki McCann [email protected]
Mat Palmer [email protected]
Delora Sanchez [email protected]



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