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2013 SESSION OF THE |
| Volume 19, Number 2 |
February 6, 2013 |
Here are some of the hot issues as the 2013 Legislative Session develops:
Behavioral Health Integration
Education Briefing
Professor Webster Meets with Annapolis Leadership
Medicare Waiver Meeting with the Governor
On February 1, the Senate Finance Committee held a briefing on behavioral health integration. Dr. Durga Roy, a psychiatrist with Bayview Medical Center, represented Johns Hopkins by advocating for a fully integrated system of care without carve-outs. In her testimony, Dr. Roy had the distinction of providing the only testimony that focused on patient care. DHMH has yet to make a final decision regarding the current recommendation to carve substance abuse services out of the HealthChoice program. The Senate Finance Committee has committed to continuing work on this issue.
Education Briefing
On January 31, Dean David Andrews came to Annapolis to provide a briefing to the House Ways & Means Committee, which maintains jurisdiction over K-12 education. The Dean emphasized the transitions underway in educational delivery, and the important role that technology and big data will play in the near future. The legislators were very interested in this, as well as the efforts surrounding Henderson-Hopkins, the Johns Hopkins K-8 elementary/middle partnership school currently under construction in east Baltimore.
Professor Webster Meets with Annapolis Leadership
On January 31, Daniel Webster, Director of the Center for Gun Policy, traveled to Annapolis at the request of the Speaker of the House of Delegates to speak to a special House committee on gun legislation. Dr. Webster answered questions from the committee on national trends in gun violence, gun legislation, and effective gun policy initiatives. He also met with top aides from the Governor's office to prepare for an upcoming hearing on The Firearm Safety Act of 2013. The Governor has requested that Dr. Webster provide testimony in support of the legislation which is part of his public safety agenda, focusing on gun safety, school safety, and improving mental health safeguards and services.
Medicare Waiver Meeting with the Governor
Brian Gragnolati, along with other hospital representatives, met with the Governor and Lt. Governor on January 31 to discuss the hospital perspective on the Medicare waiver redesign. The state has indicated that a new waiver application could be submitted to CMS within three weeks. The other hospital representatives included: Carmela Coyle (Maryland Hospital Association), Kevin Sexton (Holy Cross), Eric Wagner (Medstar), Jeff Pargament (Shady Grove Adventist), Tom Kleinhanzl (Frederick Memorial), and Tom Mullen (Mercy).
BILLS INTRODUCED
General Business HB0509 Maryland False Claims Act of 2013 HB 509 will expand the current False Health Care Claims Act to all false claims, not just those involving health care. This bill prohibits submission of a false claim against the state for money or property that the state provides or reimburses to a contractor, grantee, or other person by contract or otherwise. The bill allows a private party (whistleblower) with knowledge of a past or present fraudulent claim to file a private civil action on behalf of the state. The state or private party may seek any remedy available in common tort law including compensatory damages, court costs, and attorney's fees. Remedies and damages resulting from a claim include treble damages, fines up to 10,000 per violation, and costs. The court is required to consider certain mitigating factors in determining the amount of fines and penalties. Penalties are in addition to any criminal, civil, or administrative penalties provided under any other state or federal law. Effective Date: October 1, 2013 SB0278 Maryland Employment Advancement Right Now (EARN) Program SB 278 will establish the Maryland Employment Advancement Right Now (EARN) Program (Maryland EARN Program) in the Department of Labor, Licensing, and Regulation. Will require the Department, in consultation with the Department of Business and Economic Development and the Governor's Workforce Investment Board, to establish and administer the Program to provide specified grants on a competitive basis for an approved strategic industry partnership; workforce training programs; and job readiness training. Effective Date: June 1, 2013 [GO TO TOP] [GO TO BILL LIST] HB0146 Education - Public Charter Schools - Capital Improvement Requests HB 146 makes public charter schools eligible to receive state funds for school construction. Effective Date: June 1, 2013 HB0165 Elementary and Secondary Education - Security - School Resource Officers HB 165 requires county superintendents, with the support of law enforcement, to provide a school resource officer for each public elementary and secondary school. The additional funding required for school resource offices will come from the Education Trust Fund. Effective Date: Emergency Measure HB0194 Baltimore City - School Facilities - Funding HB 194 authorizes specified bonds, notes, or other obligations used for specified purposes in connection with specified school facilities in Baltimore City to be payable from revenues and receipts from a specified beverage container tax, from the proceeds, participation rent, and other fees payable by specified video lottery facilities, or from specified other revenues; authorizing specified revenues and receipts to be irrevocably pledged in a specified manner; etc. Effective Date: October 1, 2013 HB0207 Education - Chronically Absent Students HB 207 requires county boards of education to develop a system of intervention for chronically absent students. Effective Date: October 1, 2013 HB0229 State Aid for Public Education - Certification of Net Taxable Income HB 229 alters the definition of "net taxable income" for purposes of calculating state aid formulas for education. Effective Date: July 1, 2013 HB0269 Public Schools - Requirements for Controlled Access HB 269 requires all new or renovated schools that receive state public school construction funds to be constructed or renovated to have controlled access to allow visitors to enter the school. Effective Date: July 1, 2013 HB0277 Children in Need of Assistance - Review Hearings HB 277 establishes time frames for reviewing and establishing permanency plans for children under the jurisdiction of juvenile courts. Effective Date: HB0394 Education - Primary and Secondary Schools - Electronic Control Devices HB 394 authorizes the use of electronic control devices by safety officers in primary and secondary schools. Effective Date: October 1, 2013 HB0453 Education - Maryland Center for School Safety HB 453 establishes the Maryland Center for School Safety as an independent unit of state government and specifies the responsibilities of the Center and its governing board. Effective Date: July 1, 2013 HB0475 Public School Labor Relations - Renegotiation Procedures and Board Administration HB 475 authorizes a public school employer and an employee organization to use an alternative procedure regarding the renegotiation of allocated funds under specified circumstances; providing that, in connection with the Public School Labor Relations Board's administration of specified subtitles, references to written communications include electronic communications, time limits may be extended for good cause, and venues for judicial proceedings involving Board action shall be in a specified county; etc. Effective Date: October 1, 2013 HB0532 State Board of Education - Online Courses - Graduation Requirement HB 532 requires students to complete an online course to graduate from high school, beginning with students entering grade 9 in the 2015-2016 school year. Additionally requires that specified online courses be approved by the State Department of Education or the local county board of education. Effective Date: October 1, 2013 HB0661 Teaching Techniques - Students with Special Needs and Limited English Proficiency HB 661 requires the State Department of Education to ensure that certified teachers receive adequate instruction in techniques for teaching students with special needs and students with limited English proficiency and in appropriate behavior interventions Effective Date: October 1, 2013 HB0667 Public School Employees - Collective Bargaining - Representation Fees HB 667 requires public school employers to negotiate with employee organizations designated as the exclusive representatives for the public school employees a required service or representation fee to be charged to nonmembers; providing a specified exception and requirement for specified non-certificated employees whose religious beliefs are opposed to joining or financially supporting a collective bargaining organization; requiring the exclusive representative to establish and maintain a specified procedure; etc. Effective Date: July 1, 2013 HB0684 Tobacco-Free Schools Act HB 684 prohibits the use of tobacco products in school buildings, on school grounds, and inside school buses; prohibits the use of tobacco products by specified persons at specified school-sponsored events and provides a penalty for a violation. Effective Date: July 1, 2013 SB0143 Public Schools - Emergency Management Plans - Evaluations SB 143 requires each county board of education to evaluate the effectiveness of the emergency management plan in each public school under the jurisdiction of the county board on or before November 1, 2013. Additionally requires each county board of education to report to the State Department of Education on a specified evaluation on or before December 1, 2013 and requires the Department to make a specified report to the General Assembly. Effective Date: June 1, 2013 SB0303 State Payments of Public School Construction Costs - Remittance of Reimbursement to County SB 303 requires the state, when the state provides reimbursement of forward-funded public school construction or public school capital improvement projects, to remit the funds to the county government for specified payments; and prohibiting the state from remitting a reimbursement to the county board of education. Effective Date: June 1, 2013 SB0461 Primary and Secondary Education - Online Courses and Services - Accessibility SB 461 requires the development, review, and approval of online courses and services to include an assessment regarding the accessibility of the online course or service to individuals with disabilities, including the blind. And authorizes the State Department of Education or a county board of education to contract with a third party for the development of the assessment or the method by which the online courses or services will be made available to individuals with disabilities, including the blind; etc. Effective Date: October 1, 2013 SB0480 Criminal Law - Death Penalty - Murder on School or Child Care Facility Property SB 480 requires a court or jury, in determining whether to impose a sentence of death, to consider as an aggravating circumstance whether the defendant committed the murder on the property of a private or public school, educational institution, or child care facility. Effective Date: October 1, 2013 SB0548 State Department of Education - Minority Teacher Recruitment - Study and Report SB 548 requires the State Department of Education to study and make recommendations on strategies to increase and improve minority teacher recruitment, preparation, development, and retention in elementary and secondary education in the state. Effective Date: July 1, 2013 SB0572 Maryland Early Learning Challenge and School Readiness Act (Race to the Tots) SB 572 establishes the Early Learning Challenge and School Readiness Grant Program in the State Department of Education and establishes the Early Learning Challenge and School Readiness Grant Program Fund as a special fund to be used for specified purposes. Effective Date: July 1, 2013 [GO TO TOP] [GO TO BILL LIST] SB0369 Garrett County - Bonds for Garrett County Memorial Hospital SB 369 authorizes and empowers the County Commissioners of Garrett County, from time to time, to borrow not more than $15,000,000 in order to assist in the financing of the cost of hospital improvements at Garrett County Memorial Hospital. Effective Date: July 1, 2013 [GO TO TOP] [GO TO BILL LIST] HB0179 Pharmacists - Administration of Vaccinations - Expanded Authority and Reporting Requirements HB 179 expands the authority of pharmacists to administer vaccinations and modifies vaccination reporting requirements. Effective Date: Various HB0474 Health Occupations - Maryland Behavior Analysts Act HB 474 establishes the Behavior Analyst Advisory Committee within the State Board of Examiners of Psychologists. The bill also requires the Board to adopt regulations and a code of ethics, requires the Board to set fees for services provided by the Board to behavior analysts and provides for the composition, appointment, powers, and terms of the Committee members. The bill also establishes licensing protocols and procedures. Effective Date: July 1, 2013 SB0044 Occupational and Professional Licensing � Military Training SB 44 requires an occupational licensing board to issue a license, certificate, permit, or registration to an applicant who is military trained or who is a military spouse if the applicant meets specified requirements; requiring an occupational licensing board to consider specified types of experience for a specified calculation; authorizing an occupational licensing board to issue a temporary license, certificate, permit, or registration under specified circumstances; etc. Effective Date: October 1, 2013 SB0372 Health Occupation Boards - Criminal History Records Checks - General Authority SB 372 authorizes health occupation boards to adopt regulations requiring applicants for an initial license or certificate to have a criminal history records check. The bill also authorizes a health occupation board to adopt regulations requiring applicants for reinstatement of a lapsed license or certificate, removal from inactive status, or renewal of a license or certificate to have a criminal history records check. Effective Date: October 1, 2013 [GO TO TOP] [GO TO BILL LIST] HB0174 Workers' Compensation - Payment for Physician-Dispensed Prescriptions - Limitations HB 174 prohibits employers or their insurers, except under specified circumstances, from being required to pay for a prescription that is dispensed by a physician to covered employees who have suffered accidental personal injuries, compensable hernias, or occupational diseases. Effective Date: October 1, 2013 HB0360 Health Insurance - Repeal of Obsolete Provisions of Law HB 360 repeals obsolete provisions of law. Specifically this bill repeals provisions of law that authorize health maintenance organizations to offer a benefit package that provides specified limited benefits. It also repeals provisions of law that authorize a specified group health insurance policy to provide for the continuation of specified benefit provisions after the death of a specified individual; repealing provisions of law that require a succeeding insurer to provide specified information to an employer before entering into a specified group contract. Effective Date: January 1, 2014 HB0361 Health Insurance - Conformity with Federal Patient Protection and Affordable Care Act HB 361 conforms state statutory health statutes with the Affordable Care Act. Effective Date: Various [GO TO TOP] [GO TO BILL LIST] HB0245 Family Law - Substance-Exposed Newborns HB 245 addresses federal requirements that health care providers notify Child Protective Services when a child is identified as a substance-exposed newborn. The reporting would occur the way other similar issues are reported, which is typically by hospital social workers. Effective Date: October 1, 2013 HB0287 Department of Health and Mental Hygiene - Study of Paratransit Services for Dialysis Patients HB 287 requires the Department of Health and Mental Hygiene (DHMH) to conduct a study of paratransit services provided for dialysis patients in the state. DHMH must report its findings and recommendations to the Governor and specified committees of the General Assembly by December 15, 2013. Effective Date: July 1, 2013 HB0312 Mammograms - Dense Breast Tissue - Notification HB 312 requires facilites that produce, develop, or interpret mammograms to provide a notice to patients under specified circumstances if the mammogram demonstrates dense breast tissue. The notice shall state: "Your mammogram shows that your breast tissue is dense. Dense breast tissue is very common and is not abnormal. However, dense breast tissue can make it harder to find cancer on a mammogram and may also be associated with an increased risk of breast cancer. This information about the result of your mammogram is given to you to raise your awareness. Use this information to talk to your doctor about your own risks for breast cancer. At that time, ask your doctor if more screening tests might be useful, based on your risk. A report or your results was sent to your doctor." Effective Date: October 1, 2013 SB0382 Mental Health - Emergency Evaluations - Surrender of Firearms SB 382 give the court authority to require an individual to surrender their firearms if a court endorses the petition of an emgergency evaluee. The bill also requires a peace officer who takes an emergency evaluee to a facility to take the firearms of an emergency evaluee if a petition was made by a physician, a psychologist, clinical social worker, licensed clinical professional counselor, clinical nurse specialits in psychiatric and mental health nursing, psychiatric nurse practioner, licensed clinical marriage and family therapist, health officer or designee of a health officer, or peace officer. Effective Date: October 1, 2013 SB0494 Commission on Maryland Cybersecurity Innovation and Excellence - Duties SB 494 requires the existing Commission on Maryland Cybersecurity Innovation and Excellence to conduct a study on how telemedicine can be used to reduce health care disparities and address provider shortages across the continuum of care. Effective Date: October 1, 2013 [GO TO TOP] [GO TO BILL LIST] SB0496 Maryland Medical Assistance Program - Telemedicine SB 496 requires the Maryland Medical Assistance Program to reimburse health care providers for telemedicine services in the same manner in which they reimburse for the same health care services when they are delivered in person. Telemedicine is defined as: "the use of interactive audio, video, or other telecommunications or electronic technology by a licensed health care provider to deliver a health care service within the scope of practice of a health care provider at a site other than the site at which the patient is located." Effective Date: October 1, 2013 [GO TO TOP] [GO TO BILL LIST] HB0130 Civil Actions - Award of Attorney's Fees and Expenses HB 120 will authorize a court to award a prevailing party reasonable attorney's fees and expenses in specified civil actions; will require a court to consider specified factors in determining whether to make an award to a prevailing plaintiff; will authorize a court to award attorney's fees to a prevailing defendant only on a finding that the action was frivolous; establishing the method of calculating an award of attorney's fees under the act or any other state statute authorizing an award of reasonable attorney's fees. Effective Date: October 1, 2013 [GO TO TOP] [GO TO BILL LIST] HB0265 University of Maryland Medical System Corporation - Public Information Act HB 265 applies the provisions of the Public Information Act to the University of Maryland Medical System Corporation. Effective Date: October 1, 2013 HB0327 State Government - Health, Education, and Social Services Provider Data Warehouse HB 327 requires the state to authorize private sector development and maintenance of a data warehouse for private providers of health, education, and social services; authorizes a provider to store specified information in the data warehouse; prohibites a provider from using the data warehouse for client records or files; authorizing a provider to provide a state agency with necessary information to access documents in the data warehouse instead of submitting paper documents or electronic files. Effective Date: October 1, 2013 HB0483 Criminal Law - Controlled Dangerous Substances - "N-Bomb" HB 483 codifies the following chemical substances to the state's list of Effective Date: October 1, 2013 [GO TO TOP] [GO TO BILL LIST] HB0267 Criminal Law - Controlled Dangerous Substances - Research - Synthetic Cannabinoids HB 267 enables an authorized provider to conduct research on a controlled dangerous substance listed in Schedule I that is not scheduled under federal law if the authorized provider is approved by a federally registered institutional board or institutional animal care and use committee to conduct the research. The bill also adds "synthetic cannabinoids" to the list of Schedule I controlled dangerous substances under state law. Effective Date: October 1, 2013 HB0482 Criminal Law - Synthetic Cannabinoids - Labeling HB 482 adds "synthetic cannabinoids" to the state's list of Schedule I controlled dangerous substances. The bill also prohibits a person from selling, purchasing, or possessing an herbal or a botanical product containing a synthetic substance similar to synthetic cannabinoids unless the chemical of each synthetic substance contained in the product and the date of manufacture of the product is identified on the label of the product. Violators are guilty of a misdemeanor and subject to imprisonment for up to one year and/or a fine of up to Effective Date: October 1, 2013 SB0384 Economic Development - Sickle Cell Disease Research Program SB 384 establishes the Sickle Cell Disease Research Program and the Sickle Cell Disease Research Fund (a special, nonlapsing fund) to provide grants and loans to public and private entities in the state for the development of cures for sickle cell disease using bone marrow and umbilical cord blood. The bill requires the Maryland Technology Development Corporation (TEDCO) to administer the program and the fund. TEDCO must establish a competitive application process as well as criteria and procedures for awarding grants from the fund to eligible recipients. Effective Date: October 1, 2013 [GO TO TOP] [GO TO BILL LIST] HB0195 Income Tax - Subtraction Modification - Military Health Care Pensions - Health Care Workforce Shortage HB 195 provides a subtraction modification under the state income tax for 50% of military retirement income of an individual whose federal adjusted gross income does not exceed $65,000 and who commits to living and working in the state for a specified period and working in a health care field identified as having a health care workforce shortage. Effective Date: July 1, 2013
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General Education
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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
For more information, please contact: Delora Sanchez
For more information, please contact: Delora Sanchez
For more information, please contact: Delora Sanchez
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Health Care Facilities
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Health Care Occupations
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The practice of behavior analysis means the design, implementation, and evaluation of systematic instructional and environmental modifications to produce socially significant improvements in human behavior.
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Health Insurance/Health Care Access
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Health, General/Public/Environmental
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Medicaid
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Medical Liability/Tort Reform
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Miscellaneous
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The purpose of this legislation is to reduce the duplicative paperwork that providers have to submit to multiple state agencies.
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Schedule I controlled dangerous substances: Alpha-ethyltryptamine and 4-Bromo-2, 5-dimethoxyphenethylamine.
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Research/Human Subject
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$500.
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Tax Policy
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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] |
| Nicki McCann | [email protected] |
| Patrick Murray | [email protected] |
| Delora Sanchez | [email protected] |
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