On Wednesday, February 16, President Daniels testified before the Senate Budget and Taxation and House Ways and Means Committees, as part of panel with Governor Martin O�Malley, Chancellor Brit Kirwan, and Secretary Christian Johansson in support of the Invest Maryland Program. The Invest Maryland Program would generate $100 million of investment funding for the Maryland Venture Fund to be used as early stage venture capital in areas such as biotechnology, information technology, and clean technology.


Exchange Legislation

Legislation establishing a Health Benefit Exchange in Maryland was heard in the House Health and Government Operations and the Senate Finance Committees this week. This legislation stems from the work of the Health Care Reform Coordinating Council. Several groups testified to either support the legislation or offer amendments; there was no opposition. Throughout the remainder of session, there will be several workgroup sessions to discuss the proposed amendments.


Self Referral

Last week representatives from Johns Hopkins, the Maryland Hospital Association, University of Maryland, and the Maryland Radiological Society met with Speaker Mike Busch to discuss proposed self referral legislation. This legislation, introduced each year for the last four years, would change current law to allow health care providers to refer patients to magnetic resonance imaging, radiation therapy, and computer tomography scan machines in which they have a financial interest. Johns Hopkins maintains opposition to the legislation as research indicates that financial incentives inherent in self referral lead to overutilization of radiation therapy and diagnostic services and create patient safety and ethical issues.

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BILLS INTRODUCED

Economic Development

HB0571 Maryland Biotech SBIR and STTR Bridge Program

This bill would establish the Maryland Biotech SBIR and STTR Bridge Program to be administered by TedCo to provide bridge funding to eligible biotechnology businesses that have completed an SBIR or STTR Phase I project. The grant would be capped at $100,000 per company, with 10 grants available each year. No funding source is provided for this program.

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

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General Education

HB0168 Student Health and Fitness Act

This bill requires public school students in elementary school to be provided a daily program of physical activity that totals 150 minutes a week. The bill stipulates that 90 minutes of the program shall be dedicated to physical education while the rest should consist of activities that may include recess. The bill also requires that the program of physical activity be consistent with a student�s individualized education plan.

Effective Date: October 1, 2011
For more information, please contact: Sarah Elfreth

HB0191 Public Schools - Student Attendance - Preventing Chronic Absenteeism

This bill requires public schools to maintain records of the daily attendance of each student (K-12th grades) through the use of a unique student identifier number. Public schools are also required to calculate, maintain a record of, and report to the county board the number of students who are either chronically absent or who have high attendance broken down by a number of factors including: grade level, race, ethnicity, special education status. The bill requires county boards to develop an Attendance Incentive Action Plan.

Effective Date: July 1, 2011
For more information, please contact: Sarah Elfreth

HB0202 Education - Discrimination Prohibited - Protected Classes

This bill alters education discrimination law to protect against an applicant�s age, marital status, sexual orientation, or disability status.

Effective Date: October 1, 2011
For more information, please contact: Sarah Elfreth

HB0525 Public School Personnel - Grounds for Suspension or Dismissal - Ineffectiveness

This bill authorizes county boards of education to dismiss a teacher, principal, superintendent, etc. for �ineffectiveness.� �Ineffectiveness� is determined by failure to meet established performance evaluation criteria that is heavily focused on student growth (defined as student progress assessed by multiple measures).

Effective Date: October 1, 2011
For more information, please contact: Sarah Elfreth

HB0526 Education - Public Charter Schools - Hiring of Certificated Employees

This bill requires that there be mutual consent between a county board and a charter school operator when hiring individuals to work in a public charter school.

Effective Date: July 1, 2011
For more information, please contact: Sarah Elfreth

HB0530 Public Charter Schools - Occupation and Use of School Sites and Buildings

This bill requires county boards to notify charter schools in the county if a school site or building is no longer needed for school purposes and is available for use by a public charter school. The bill outlines the procedure for determining which public charter school will occupy the building and prohibits the charter school from selling the building.

Effective Date: July 1, 2011
For more information, please contact: Sarah Elfreth

HB0977 Public Schools - Enrollment and Transfer - Parental Decision

This bill allows parents and guardians, beginning in the 2012-2013 school year, to enroll students in a public school in their county other than the public school to which the student was assigned by the county board. The bill requires all public schools to be open to all students in the county on a space-available basis, admitting students on a lottery basis if more apply than available space allows. The bill stipulates that a parent or guardian assumes the responsibility and cost of a student�s transportation.

Effective Date: October 1, 2011
For more information, please contact: Sarah Elfreth

HB1067 Education - Public Charter Schools - Appeals, Policies, and Regulations

This bill requires the State Board of Education to hear de novo all appeals of county board decisions that deny an application to establish a public charter school. Requires the State Board to adopt regulations establishing guidelines and procedures for public charter school policy and requires county boards to develop a consistent policy regarding public charter schools.

Effective Date: July 1, 2011
For more information, please contact: Sarah Elfreth

HB1081 Education - Public Schools - Petitions for Intervention

This bill allows parents or guardians of students attending public schools that are subject to corrective action for not making adequate yearly progress to petition county boards of education to intervene.

Effective Date: October 1, 2011
For more information, please contact: Sarah Elfreth

SB0776 Parent Empowerment Act of 2011

This bill allows parents or guardians of students attending public schools that are subject to corrective action for not making adequate yearly progress to petition county boards of education to intervene in order to improve academic achievement or student safety.

Effective Date: October 1, 2011
For more information, please contact: Sarah Elfreth

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Health Care Administration

HB0460 Prescription Drug Repository Program - Disposal of Prescription Drugs andMedical Supplies

This bill expands the purpose of the Prescription Drug Repository Program to include acceptance of prescription drugs and medical supplies returned to a pharmacy for proper disposal. Each pharmacy for which a pharmacy permit has been issued must dispose of prescription drugs or medical supplies in accordance with program policies.

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

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Health Care Facilities

HB0690 Maryland Cardiovascular Patient Safety Act

This bill would require cardiovascular catheterization laboratories to be accredited by an accreditation organization. An accreditation organization is defined as a private entity that is recognized nationally for its dedication to accrediting cardiovascular catheterization laboratories. An accreditation organization shall accredit a cardiovascular catheterization laboratory by conducting inspections of and surveys on cardiovascular diagnostic or PCI procedures performed at the cardiovascular catheterization laboratory and comparing results to the nationally recognized standards.

If a cardiovascular laboratory chooses not to see accreditation from an accredited organization, then it must apply for certification from DHMH. Certification by DHMH shall consist of periodic review and evaluation of facilities and health care providers.

The bill also outlines corrective action if faulty review is found as well as the consequences of not complying with corrective action.

This bill also has provision for peer review.

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

HB0746 Public Health - Abortion - Third Trimester Procedures

This bill requires abortions performed in the third trimester of pregnancy to be performed in a hospital. The abortion must also be certified by the performing physician to be necessary to preserve the life or health of the woman.

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

HB0782 Health Occupations - Imaging and Radiation Therapy Services - Accreditation

This bill would authorize health care practitioners to make referrals for magnetic resonance imaging services, radiation therapy services, and computer tomography scan services to centers where they have a financial interest or ownership by changing the definition of �in-office ancillary services�

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

HB1051 Freestanding Pain Management Clinics - Regulation

This bill prohibits a freestanding pain management clinic from operating in the State after October 1, 2012, unless DHMH has issued a license to the clinic. A freestanding pain management clinic is a facility that is publicly or privately owned, is physically separate from another licensed or regulated facility and engages in the treatment of pain by prescribing controlled dangerous substances as at least 50% of its services.

This bill does not apply to a medical or dental school, or an outpatient clinic associated with the school, a hospital, including any outpatient facility or clinic of a hospital or a hospice care facility.

To qualify for a license to operate a freestanding pain management clinic, an applicant must employ a medical director who is a physician and is certified with a subspecialty in pain management.

A freestanding pain management clinic cannot employ or contract with anyone who 1) has been denied a license or lost a license for to prescribe, dispense, administer, supply or sell a controlled dangerous substance or 2) has been subject to disciplinary action by a licensing entity for conduct that was the result
of dependency on drugs or alcohol.

The owner or operator of a freestanding pain management clinic shall be onsite at least 33% of total operating hours and require the medical director to review for appropriateness of care at 33% of the total patient files.

DHMH may deny or revoke a license if the applicant or licensee has been convicted of a felony that relates to Medicaid fraud or a crime involving moral turpitude.

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

SB0726 Hospitalized Adult Disabled Persons - Appointment of Temporary Limited Guardian

This bill allows the Court to appoint a temporary limited guardian to consent to discharge a disabled person from a hospital. The appointment of a temporary limited guardian is permissible after 1) a finding that an individual lacks capacity or understanding, 2) the individual is medically stable and ready for discharge from a hospital to a long-term or less restrictive rehabilitative care facility. The temporary limited guardian is authorized only to make decisions relating to medical treatment necessary to effectuate discharge from the hospital to a long-term or less restrictive rehabilitative care facility.

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

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Health Care Occupations

HB0450 Maryland Community Health Resources Commission - Health Care Reform - SafetyNet Providers

This bill would authorize the MD Community Health Resources Commission (MCHRC) to provide assistance to "safety net provider", which is defined as a provider who delivers a significant level of care to the uninsured, those of medical assistance or vulnerable populations. The bill also requires MCHRC to submit a report to the Governor and General Assembly by Jan. 1, 2012 on their plan to help these providers.

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

HB0549 State Board of Pharmacy - Pharmacists - Practice of Pharmacy and Licensure

This bill would alter the definition of "practice pharmacy" to include activities or services provided to persons in this State by employees of nonresident pharmacies, pharmacy benefits managers, third party payors, or other specified entities and would require that an individual be licensed before practicing pharmacy as an employee of those entities.

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

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Health Insurance/Health Care Access

HB0452 Health Insurance - Coverage of Hearing Aids

This bill requires insurers to provide coverage for hearing aids for its enrollees.

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

HB0783 Health Insurance - Coverage for Autism Spectrum Disorders

This bill would require insurers to provide coverage for the diagnosis and treatment of Autism disorders to all enrolled members.

Effective Date: January 1, 2012
For more information, please contact: Mat Palmer

HB0811 Health Insurance - Habilitative Services - Required Coverage

This bill would require insurers to provide coverage for habilitative service for all enrolled members.

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

HB0815 Health Insurance - Limit on Copayments

This bill would prohibit insurers from setting copayment amount in excess of 50% of the cost of the covered services.

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

HB0851 Health Insurance - Carrier Provider Panels - Medical Laboratories

This bill would prohibit insurers from denying a claim from a medical laboratory for a covered service on the grounds that the laboratory is not a participating provider.

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

HB0888 Health Insurance - Prescription Eye Drops - Refills

This bill would require insurers to provide coverage for refills of prescription eye drops.

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

HB0974 Health Insurance - Preauthorization of Health Care Services - Use of Electronic Health Records

This bill would require insurers to provide preauthorization within four hours of submission if the provider uses the State authorized Health Information Exchange (HIE) to transmit the information.

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

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Health Reform

HB0736 Electronic Health Records - Incentives for Health Care Providers - Regulations

This bill would require MHCC to develop regulation implementing the use of monetary incentives by carriers to providers who implement the use of electronic health records within their practice.

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

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Health, General/Public/Environmental

HB0570 Health Care Providers - Training - Eating Disorders

This bill requires licensed physicians, physician assistants, dentists, nurses, social workers, and psychologists (health care providers) to complete online course work or training in the early recognition of and intervention for eating disorders.

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

HB0714 Health - Newborn Screening Program - Critical Congenital Heart Disease

This bill requires the Department of Health and Mental Hygiene to include screening for critical congenital heart disease in the coordinated statewide system for screening of all newborn infants in the Maryland.

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

HB0716 Health - Maryland Combating Childhood Obesity Grant Program

This bill establishes a Maryland Combating Childhood Obesity Program (MCCOP) and Fund (MCCOF) to provide grants to nonprofit organizations and public schools that provide opportunities for physical activity to public school students enrolled in kindergarten through grade eight. The bill also imposes the state sales and use tax on snack food by repealing the current exemption. Forty percent of the sales and use tax. Forty percent of the sales and use tax revenue attributable to the sale of snack food shall be distributed to the MCCOF Fund.

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

HB1124 Baltimore City - Prohibition Against Sales of Tobacco Products to Minors -Signs

This bill applies only in Baltimore City and requires a tobacco retailer to conspicuously post a sign that states that it is illegal under Maryland law to sell tobacco products to someone under the age of 18.

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

SB0637 Healthy Kids, Healthy Maryland - Toxic Chemical Identification and Reduction

This bill requires the Department of the Environment (MDE), in consultation with the Department of Health and Mental Hygiene, to publish on its website a list of priority chemicals. A chemical may be designated as a chemical of concern if MDE determines that the chemical has been identified by an authoritative government entity on the basis of credible scientific evidence as persistent and bioaccumulative, an endocrine disruptor, a developmental toxicant or a carcinogen, mutagen, or reproductive toxicant. This bill specifically applies to child car seats, food containers for children under three, and new children's products. Specific products are exempted such as pharmaceutical products and medical devices. If a chemical of concern is found in human bodily fluids or tissues or is found to be present in the environment, then MDE shall designate the chemical of concern as a priority chemical. A manufacturer or distributor of a children's product that contains a priority chemical must comply with certain reporting requirements. MDE may adopt regulations to prohibit the sale, manufacture, or distribution of children's products that contain a priority chemical.

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

SB0654 Tobacco Tax - Rates and Distribution of Revenues

This bill increases the tax on tobacco products. Increases in the tobacco tax are intended to support the Tobacco Use Prevention and Cessation Program. If funding for the Tobacco Use Prevention and Cessation Program is $21,000,000, then excess revenue shall be used to support the state Medicaid Program.

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

SB0752 Environment - Permitting Process - Environmental Justice Review

This bill would establish an �environmental justice review� process and incorporate that process into the re-permitting of specific facilities/activities, namely: air quality control, landfills/incinerators, water pollutant discharge, storage or distribution of sewage sludge, controlled hazardous substance, hazardous material facility, or low-level nuclear waste facility.

�Environmentally stressed community� is defined as a minority or low-income community which will be disproportionally impacted by the activity. The review is required to detail the impact to all such communities within a two-mile radius of the permitted activity site. If the community will be adversely affected, the applicant must submit a list of alternate locations, a list of strategies to mitigate and educate regarding the effects on the community.

Failure to comply with environmental justice review requirements is punishable by a fine of up to $50,000 per violation and/or imprisonment for up to two years.

Effective Date: July 1, 2011
For more information, please contact: Matt Greenwood

SB0756 Maryland Revised Uniform Anatomical Gift Act

This bill establishes the Maryland Revised Anatomical Gift Act, replacing the existing Maryland Anatomical Gift Act. This Act is a modified version of the 2006 Revised Uniform Anatomical Gift Act (UAGA) promulgated and recommended for enactment in all states by the National Conference of Commissioners on Uniform State Laws. The UAGA is generally intended to resolve inconsistencies among states and reduce impediments to transplantation. A total of 36 states, DC and Virgin Islands have adopted the Revised UAGA.

The bill requires each hospital in the state to enter into an agreement or affiliation with a procurement organization. Directions given by a person authorized under the bill to make, amend, revoke, or refuse to make an anatomical gift of a decedent's body or part must be recoreded in the decendent's medical record.

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

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Medicaid

HB0575 Maryland Medical Assistance Program - Redeterminations of Eligibility for Program Recipients in Nursing Facilities

This bill requires the Department of Health and Mental Hygiene (DHMH) to develop and implement a streamlined process for the annual redetermination of eligibility under Maryland Medicaid of Medicaid recipients who require a nursing facility level of care. This report is due on or before December 1, 2011.

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

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Tax Policy

SB0618 Income Tax - Credit for Long-Term Care Premiums

This bill expands the existing Long-Term Care Insurance income tax credit by allowing the credit to be claimed for every year a policy is in force in the amount of $500 in the first year the credit is claimed and $150 thereafter. This bill retains the current prohibition on the credit being claimed for individuals who were covered by a long-term care insurance policy at any point before July 1, 2000.

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


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