2011 SESSION OF THE
MARYLAND GENERAL
ASSEMBLY
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2011 SESSION OF THE |
Volume 17, Number 5 |
March 2, 2011 |
Here are some of the hot issues as the 2011 Legislative Session develops:
Dr.
Miller & Mr. Peterson Awarded Speaker�s Medallion
45th
Day of Session
Stem
Cell Research Fund Budget
Each year the Speaker of the House of Delegates presents awards in
recognition of outstanding service to the State of Maryland. This year the 17th
annual Speaker�s Medallion was presented to Dr. Miller and Mr. Peterson on
Wednesday, February 23, 2011. The Speaker recognized them for their dedication
to operating �the finest hospital system in America, if not the world, for the
past 20 years.� The Speaker also recognized Johns Hopkins� status as the leading
recipient of funding from the National Institutes of Health, emphasizing that it
was more than any other institution in America.
45th Day of Session
45th Day of Session
Friday, February 25 was the 45th day of the 2011
Legislative Session, the midpoint of the session. The pace of decision-making
will quicken as the policy committees begin sending more legislation onto the
House and Senate floor and the budget committees begin making their decisions.
We will be updating you on many more issues as things progress.
Stem Cell Research Fund
Budget
Governor O�Malley has proposed $12.4 million in the FY 2012 budget for the
Stem Cell Research Fund. At budget hearings last week in the House and this week
in the Senate, DLS has recommended that the Governor�s appropriation be reduced
by $2 million. The reduction would level fund the program in FY 2012 to match
the FY 2011 working appropriation of $10.4 million. Much like last year�s budget
hearing for the stem cell fund, TEDCO and the Stem Cell Research Fund Commission
testified in opposition to the cut, and urged the committees to maintain the
Governor�s proposed allocation. We provided testimony to both committees
outlining our objections to the DLS recommendation. In the past, the House has
consistently voted to support the Governor�s allocation for the fund, while the
Senate has voted to cut the fund. If this holds true again this year, the House
and Senate will work out a compromise in conference
committee.
BILLS INTRODUCED
Behavioral Health HB0311 Counselors Home Study - Online Study
This bill authorizes the State Board of Professional Counselors and
Therapists to allow the use of home study toward the completion of continuing
education requirements.
Effective Date: October 1, 2011 SB0562 Department of Health and Mental Hygiene - Required
Certification of Recovery Homes
This bill requires DHMH to adopt regulations for the certification of
recovery homes. Recovery homes as defined in the bill do not include alcohol
abuse and drug abuse standards for staff of the recovery home; requirement for
the demonstration of need for the recovery home; certification fees; application
procedures; and renewal procedures. Recovery homes are prohibited from operating
without certification and mental health programs or alcohol and drug abuse
programs may not refer program participants to a recovery home that is not
certified by the department.
Effective Date: October 1, 2011 SB0567 Health - Guidelines for Providing Mental Health
Treatment to Individuals with Co-Occurring Disorders
This bill requires the Director of Mental Hygiene to develop guidelines for
the provision of mental health treatment to individuals with co-occurring
disorders so that the treatment does not cause additional harm to an individual
who also needs treatment for a substance abuse disorder.
Effective Date: October 1, 2011 [GO
TO TOP] [GO
TO BILL LIST] HB0803 Criminal Law - Possession of a Handgun -
Institutions of Higher Education and Hospitals
This bill will expand the prohibition against a person from wearing,
carrying, or transporting a handgun while on in the property of a public school
to also apply to the property of an institution of higher education or a
hospital.
Effective Date: October 1, 2011 [GO
TO TOP] [GO
TO BILL LIST] HB0600 Health Care Providers - Investigations -
Information Sharing Among State Agencies
This bill adds the Office of Health Care Quality (OHCQ) and an investigatory
body under the state or federal government to the list of entities that the
Health Services Cost Review Commission (HSCRC) can disclose identifying
physician information. The Board of Physicians must disclose any information
contained in a record to the Secretary of Health and Mental Hygiene, OHCQ, or
HSCRC for an investigation of quality or utilization of care. The definition of
medical review committee is changed to include a group of agencies established
by state or federal law to license, certify, or discipline any provider of
health care.
Effective Date: July 1, 2011 SB0456 Department of Health and Mental Hygiene -
Emergency Standards for Moderate Sedation
This bill requires DHMH to adopt regulations on uniform emergency standards
at health care practice sites that use moderate sedation. The regulations should
address the appropriate supplies and equipment to use and procedures to be
followed in an event of an emergency.
Effective Date: October 1, 2011 [GO
TO TOP] [GO
TO BILL LIST] HB0818 Manufacturers of Prescribed Products - Payments to
Health Care Professionals -Prohibition
This bill prohibits a manufacturer of prescribed products from offering or
giving a gift to health care professionals. Exemptions from the prohibition
include: samples, loans of medical devices, articles or journals, scholarships
or other support, payments for certain conferences or seminars, honoraria and
payment of expenses, costs of clinical trials and research projects, payments
for scientific consulting, payment or reimbursement for technical training,
royalties, and licensing fees and donated health care products. Johns Hopkins
had the opportunity to provide input in the drafting of this legislation and
several of the recommendations made by Johns Hopkins were included in the bill.
Effective Date: October 1, 2011 HB1268 Prescription Drugs - Dispensing Permits
This bill would allow a dentist, physician or podiatrist to dispense
prescription drugs if they have been issued a dispensing permit by the Board of
Pharmacists, and only in an instance when a pharmacy is not conveniently
available to a patient.
Effective Date: October 1, 2011 [GO
TO TOP] [GO
TO BILL LIST] HB1178 Health Insurance - Public Health Plans - Education
and Disclosure Requirements
This bill would require applicants for an insurance producer license for
health insurance to be given a course on the various public health plans in
Maryland, such as MHIP, MCHIP, and HealthChoice. This information would also be
included in the written exam which is given for this license.
Effective Date: October 1, 2011 SB0724 Health Insurance - Exchange Option for Small
Business
This bill would require the state to create a Small Business Health Options
Program, or SHOP Exchange, in which employers with 100 or fewer employees could
purchase health insurance.
Effective Date: October 1, 2011 SB0843 Maryland Medical Assistance Program - Eligibility
Determinations
This bill would require DHMH to send a notice to an applicant for Medical
Assistance for which the Department does not make an eligibility determination
in the time laid out in statute. This notice should inform the applicant that
they have the right to file an appeal for failure of the Department to act with
reasonble promptness.
Effective Date: July 1, 2011 [GO
TO TOP] [GO
TO BILL LIST] HB1149 Pharmacies - Delivery of Controlled Dangerous
Substances
This bill would require that an adult sign for any Schedule II drug which is
delivered to a residence.
Effective Date: October 1, 2011 [GO
TO TOP] [GO
TO BILL LIST] HB1156 Northeastern Maryland Higher Education and Applied
Technology Center
This bill would establish the Northeastern Maryland Higher Education and
Applied Technology Center, which is intended to meet to the needs of this
growing area by providing quality upper division undergraduate and graduate
programs from both public and private institutions. The bill also creates a
Governing Board and sets out studies which will be carried out by the Board to
assess the needs of the area.
Effective Date: July 1, 2011 SB0856 Maryland Higher Education Commission - Review of
Program Proposals
This bill would require the Maryland Higher Education Commission (MHEC) to
establish regulations authorizing a "deliberative fact-finding process", which
would allow for witness testimony and the weighing of evidence when they
consider the application of program proposals. The bill would also remove the
section in code which makes the decision by MHEC final and not subject to
judicial review.
Effective Date: July 1, 2011 [GO
TO TOP] [GO
TO BILL LIST] HB0924 Commission on State-Administered Medical
Malpractice Liability Insurance
This bill establishes the Commission on State-Administered Medical
Malpractice Liability Insurance. The Commission will examine the federal model
for insuring physicians under the Federal Tort Claims Act and recommend measures
to provide affordable insurance to physicians under the Maryland Tort Claims
Act; design an effective state-administered medical malpractice insurance
program and consider ways to incentivize beneficial physician practices; and
report its findings and recommendations to the General Assembly.
Effective Date: June 1, 2011 HB1129 Maryland Contributory Negligence Act
This bill establishes the common law doctrine of contributory negligence to
retain its judicially determined meaning as it existed on January 1, 2011. Bill
also establishes that contributory negligence will remain an affirmative defense
in a claim for damages for wrongful death, personal injury, or property damage.
Effective Date: Emergency Measure [GO
TO TOP] [GO
TO BILL LIST] HB0553 Creation of a State Debt - Baltimore City - Mattie
B. Uzzle Outreach Center
This bill authorizes a grant not to exceed $375k, to the Board of Directors
of the Collington Square Non-Profit Corporation, Inc. for the construction,
repair, renovation, reconstruction and capital of the Mattie B. Uzzle Outreach
Center. This includes demolition and construction of a parking lot.
Effective Date: June 1, 2011 [GO
TO TOP] [GO
TO BILL LIST] HB0742 Maryland Stem Cell Research Fund - Annual Report -
Requirements
This bill requires the Maryland Technology Development Corporation (TEDCO)
and the Stem Cell Research Commission to include the interim and final results
for multiyear researchers and provide information on benefits that patients have
received from their research.
Effective Date: October 1, 2011 HB0781 Crimes - Distribution of Salvia Divinorum -
Prohibition and Penalties
Bill will expand prohibition in current law against the distribution of
Salvia divinorum to apply to all persons, not just individuals under age 21.
Effective Date: October 1, 2011 HB0845 Criminal Law - Controlled Dangerous Substances -
Mephedrone
This bill will list mephedrone (bath salts) and similar compounds as a
Schedule I controlled dangerous substance that may not be legally possessed,
used, or distributed.
Effective Date: October 1, 2011 HB0870 Maryland Stem Cell Research Fund - Annual Report
and Symposium
This bill will require the Maryland Technology Development Corporation
(TEDCO) and the Stem Cell Research Commission to report to the public on the
progress of state-funded stem cell research by holding an annual public
symposium. Requires Maryland Stem Cell Research Fund recipients to present the
results of state- funded stem cell research at the symposium and prohibits TEDCO
and the Stem Cell Research Commission from charging an admission fee for state
residents.
Effective Date: October 1, 2011 HB0892 Criminal Law - Controlled Dangerous Substances -
Mephedrone
This bill will list mephedrone (bath salts) and similar compounds on Schedule
I controlled dangerous substance that may not be legally possessed, used, or
distributed.
Effective Date: October 1, 2011 HB1072 Criminal Law - Salvia Divinorum -
Regulations
This bill requires DHMH to adopt and enforce regulations that include
requirements that a seller of Salvia verify the birth date of a purchaser; keep
Salvia divinorum in a place that is inaccessible to customers; maintain a
current list of products that contain Salvia; and post and continuously update a
sign that shows the birth date of a person who is 21 years of age.
Effective Date: October 1, 2011 [GO
TO TOP] [GO
TO BILL LIST] HB0453 Workers' Compensation - Jurisdiction Pending
Appeal - Proposed Settlement
This bill will allow the Workers� Compensation Commission to retain
jurisdiction pending appeal to consider a proposed settlement of a claim.
Effective Date: October 1, 2011 HB0632 Earned Income Credit Information Act
This bill requires the Comptroller to publish the maximum income eligibility
for the earned income tax credit and prepare a notice for employers on the
eligibility for state earned income tax credit. Bill requires employers to
provide notice to employees that may be eligible for the earned income tax
credit. Employees are prohibited from pursing a private cause of action for
failure to provide notice to the employee.
Effective Date: January 1, 2012 HB0693 Labor and Employment - Employment Standards and
Conditions - Definition of Employer
This bill adds a general definition of �employer� and alters and repeals
definitions of �employer �in the law relating to employment standards and
conditions.
Effective Date: October 1, 2011 HB0743 Labor and Employment - Labor Organizations - Right
to Work
This bill prohibits an employer from requiring that an employee pay charges
to, join, or remain a member of a labor organization as a condition of
employment or continued employment. Bill creates a right of action against an
employer for a violation of the law. If an employer is found liable, the
employee is entitled to injunctive relief, damages, court costs, and reasonable
attorney�s fees.
Effective Date: October 1, 2011 HB0807 Labor and Employment - Health Care Personnel
Training Fund
This bill establishes the Health Care Personnel Training Fund as a special
fund. The fund will provide grants to training consortiums that involve
labor-management partnerships that train and upgrade the qualifications of
health care personnel.
Effective Date: July 1, 2011 HB0889 Workers' Compensation - Temporary Total Disability
Benefits - Termination
This bill prohibits an employer or its insurer from terminating the payment
of temporary total (TTD) disability benefits while the employee�s treating
physician has determined him or her to be temporarily disabled, unless the
Workers� Compensation Commission (WCC) has ordered the termination. The WCC must
order an offset or credit if the WCC termination date is before the actual date
that the employee�s temporary total disability benefits were terminated by the
employer or its insurer.
Effective Date: October 1, 2011 HB0934 Labor and Employment - Credit Reports and Credit
Histories of Applicants and Employees - Limitations on Use by Employers
This bill prohibits an employer from using the credit history or report of an
employee or applicant to determine whether to deny employment to an applicant;
discharge an employee; or determine compensation or the terms, conditions, or
privileges of employment. An employer is authorized to request or consider an
applicant�s credit history if the applicant or employee will have custody of or
unsupervised access to case or marketable assets; signatory power over business
assets; sets the direction or control of the business; or access to personal or
confidential information, financial information, trade secrets, or state
national security information. An employer is also authorized if the request or
consideration is for a bona fide work-related purpose. The Commissioner must
adopt regulations that specify a bona fide work related purpose. Employers may
not retaliate or discriminate against an employee if they submit a written
complaint, participate in an investigation or oppose a violation. Applicants or
employees may submit a written complaint to the Commissioner for a violation.
Bill does not prohibit employment related background checks that include a
consumer report; is authorized under the federal fair credit reporting act; and
does not involve a credit check. Financial institutions, entity that obtains
bonding or other security and employers that are required under federal or state
law to review an employee�s credit report are exempt.
Effective Date: October 1, 2011 HB0988 Labor and Employment - Maryland Wage and Hour Law
- Payment of Wages
This bill sets the minimum wage rate at $8.25, $9.00, and $9.75 for the
12-month period beginning July 1, of 2011, 2012, and 2013 respectively. For the
subsequent 12-month period, the Commissioner will set the minimum wage amount.
The state wage will be increased by the increase if any, in the most recent
12-month consumer price index for the Washington-Baltimore metropolitan area. If
the federal minimum wage has increased more than the consumer price index, then
the increase will be by the same amount as the increase in the federal index or
remain the same if there was no change or a decrease to the consumer price
index.
Effective Date: June 1, 2011 HB1130 Maryland Wage and Hour Law - Prohibited Acts of
Employers - Adverse Action
This bill prohibits an employer from taking adverse action against an
employee who makes a complaint, or testifies in an action under the Maryland
Wage and Hour Law. Adverse action includes discharge or demotion or threat of
either.
Effective Date: October 1, 2011 HB1136 Courts - Jury Service - Employer
Compensation
Bill requires employers with 10 or more employees to provide compensation to
an employee for service or prospective service as a juror. The employer most
provide compensation for each day of service or prospective service base on the
amount of the employee�s average daily compensation, less the amount of the
state per diem and any applicable local supplement paid or payable to the
employee.
Effective Date: October 1, 2011
For more information, please contact:
Delora Sanchez
For more information, please contact:
Delora Sanchez
For more information, please contact:
Delora Sanchez
Handgun
For more information, please contact:
Delora Sanchez
Health Care
Administration
For more information, please contact: Delora
Sanchez
For more information, please contact:
Delora Sanchez
Health Care Occupations
For more information, please contact:
Nicki McCann
For more information, please contact: Mat
Palmer
Health Insurance/Health Care Access
For more information, please contact: Mat
Palmer
For more information, please contact: Mat
Palmer
For more information, please contact: Mat
Palmer
Health, General/Public/Environmental
For more information, please contact: Mat
Palmer
Higher
Education/Financial Aid
For more information, please contact: Mat
Palmer
For more information, please contact: Mat
Palmer
Medical
Liability/Tort Reform
For more information, please contact: Delora
Sanchez
For more information, please contact:
Delora Sanchez
Miscellaneous
For more information, please contact: Delora
Sanchez
Research/Human Subject
For more information, please contact:
Delora Sanchez
For more information, please contact:
Delora Sanchez
For more information, please contact:
Delora Sanchez
For more information, please contact:
Delora Sanchez
For more information, please contact:
Delora Sanchez
For more information, please contact:
Delora Sanchez
Workplace Regulation
For more information, please contact:
Delora Sanchez
For more information, please contact:
Delora Sanchez
For more information, please contact:
Delora Sanchez
For more information, please contact:
Delora Sanchez
For more information, please contact: Delora
Sanchez
For more information, please contact:
Delora Sanchez
For more information, please contact:
Delora Sanchez
For more information, please contact: Delora
Sanchez
For more information, please contact:
Delora Sanchez
For more information, please contact:
Delora Sanchez
[GO
TO TOP] [GO
TO BILL LIST]
Legislative Session Office
47 State Circle, Suite 203
Annapolis, MD
21401
410-269-0057
fax 410-269-1574
| Mickey Geisler | [email protected] | Sarah Elfreth | [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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