Legislative Hotline

2013 SESSION OF THE
MARYLAND GENERAL ASSEMBLY






Volume 19, Number 5





March 13, 2013

Here are some of the hot issues as the 2013 Legislative Session develops:

House Operating Budget Decisions
High Performance Computing
Medical Liability
Medical Marijuana


BILLS INTRODUCED
STAFF CONTACT INFORMATION



House Operating Budget Decisions

The House Appropriations Committee met on March 8 to approve FY 2014 actions to the Governor's budget.

Health
The House reduced the Medicaid budget by $20 million.  This reduction reflects over-budgeting and does not include any cuts to hospitals, providers, or MCOs.  The House also amended the budget to require DHMH to submit a detailed report on the selected behavioral health model by the earlier of December 1, 2013 or when an RFP is released.  At this time, Secretary Sharfstein has not rejected or approved the recommendation from DHMH to carve substance abuse services out of the HealthChoice program.

Education
The House maintained full funding of the Sellinger Program at the statutorily recommended level.  However, an overall cut was made to the University System of Maryland, and Sellinger funding is determined according to funding levels for public higher education.  Therefore an attendant cut of $311,000 was made to the Sellinger Program, reducing total Sellinger funding from $41.3 million to $41.0 million.


High Performance Computing

Governor O'Malley provided $12 million in the FY 2014 capital budget and preauthorized $15 million in the FY 2015 capital plan to support the construction of a world-class computational research center, to be located adjacent to the Bayview Medical Campus and managed under an agreement between Johns Hopkins and University of Maryland College Park.  The House and Senate capital budget subcommittees held public hearings on the project on March 6 and 7, respectively.  Patrick Murray, Director of State Affairs for Johns Hopkins, and Ross Stern, Assistant to the President for University of Maryland College Park, testified in support, and there was no opposition.  Both subcommittees appeared supportive of the project.  Capital budget decisions will be made later this month.


Medical Liability

On March 6, each of the four medical liability bills spearheaded by the hospital coalition of Johns Hopkins, MedStar Health, LifeBridge Health, and University of Maryland Medical System (UMMS) had hearings in the House Judiciary Committee.  Dr. Robert Rothstein, Vice President of Medical Affairs at Suburban Hospital gave compelling testimony before the committee.  Medical Mutual, the Maryland Chamber of Commerce, the Tort Reform Coalition, and the Maryland Hospital Association again all provided testimony in support.  The Maryland Association for Justice (formerly the Maryland Trial Lawyers Association) is opposed to the legislation.  The bills are the hospital coalition's attempt to improve the medical liability climate in Maryland, and include efforts to reduce the post-judgment interest rate, implement patient safety and disclosure programs, make periodic payments mandatory for judgments over $1.5 million, and add health providers to the non-economic damages cap statute. State Affairs is lobbying the respective House and Senate judicial committees for a favorable report on the bills.


Medical Marijuana

On March 8, the House held hearings on the legalization of medical marijuana in Maryland.  The proposals closely resemble efforts seen during the 2012 legislative session.  The Secretary of Health supported with amendments a proposal to create a Medical Marijuana Commission, an entity to which academic medical centers would apply for permission to operate medical marijuana programs and would regulate and oversee those programs approved for operation.  The Secretary has a "yellow light" approach to medical marijuana and believes some benefits may be derived by extracting active components from the marijuana plant, but use of the plant itself engenders significant drawbacks.  The Secretary is opposed to a proposal allowing the distribution of medical marijuana via "compassion centers", registered entities that would acquire, possess, cultivate, manufacture, deliver, transport, supply, or dispense marijuana, related supplies, and educational materials to - and only to - qualifying patients and designated caregivers.  Johns Hopkins has not taken an official position on either of the bills, but State Affairs is closely watching them to ensure that any potential role for academic medical centers may remain voluntary and not mandatory


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General Education
Health Care Administration
Health Care Facilities
Health Care Occupations
Health Reform
Health, General/Public/Environmental
Long Term Care
Medical Liability/Tort Reform
Miscellaneous
Prescription Drugs
Workplace Regulation

BILLS INTRODUCED

General Education


HB1459 Education - Cooperative or Joint Administration of Programs

HB 1459 requires representatives of the county boards of education, the Baltimore City Board of School Commissioners, and a specified governing board to meet and confer on areas of agreement for the cooperative or joint administration of programs. The bill requires participants to maintain a summary of specified topics and decisions.

Effective Date: October 1, 2013
For more information, please contact: Delora Sanchez

HB1462 Task Force to Study a Later Starting Time for Maryland Public Schools

HB 1462 establishes the Task Force to Study a Later Starting Time for Maryland Public Schools.

Effective Date: July 1, 2013
For more information, please contact: Delora Sanchez

HB1474 Education - State Funding - Operating and Capital Funds

HB 1474 establishes the rate by which the target per pupil foundation amount is increased in specified fiscal years. The bill requires county boards of education to receive a specified grant, and establishes the state goal to provide at least $350,000,000 in each fiscal year to fund public school construction or capital improvement costs.

Effective Date: July 1, 2013
For more information, please contact: Delora Sanchez

HB1502 Task Force to Study a Post-Labor Day Start Date for Maryland Public Schools

HB1502 establishes the Task Force to Study a Post-Labor Day Start Date for Maryland Public Schools.

Effective Date: July 1, 2013
For more information, please contact: Delora Sanchez

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Health Care Administration


HB0869 Community Health Resources Commission - Revisions

HB 869 authorizes the Community Health Resources Commission to contract with a third party to fulfill services. The bill prohibits third parties with whom the Commission contract from releasing, publishing, or using information gathered through contracts with the Community Health Resource Commission.  The bill also adds that the Commission may find projects that increase access to health care or reduce health disparities in the State.

Effective Date: October 1, 2013
For more information, please contact: Nicki McCann

HB0942 Identity Fraud - Medical Records

HB 942 prohibits a person from knowingly and willfully possessing, obtaining, or helping another to possess or obtain personal identifying information with fraudulent intent to access medical information or services, prohibits a person from using a specified device knowingly, willfully, and with fraudulent intent to access medical information or services, provides penalties for a violation, and authorizes a court to order restitution.

Effective Date: October 1, 2013
For more information, please contact: Delora Sanchez

HB1263 Prosecution of Offenses Related to Practicing Medicine Without a License - Statute of Limitations - Repeal

HB 1263 repeals the 3 year time limit for prosecution related to practicing, attempting to practice, or offering to practice medicine.

Effective Date: October 1, 2013
For more information, please contact: Nicki McCann

HB1377 State Government - Mental Health and Law Enforcement Advisory Board

HB 1377 establishes the Mental Health and Law Enforcement Advisory Board. The bill requires the Board to make recommendations regarding the establishment of a Maryland Criminal Justice and Behavioral Health State Technical Assistance Center, report its findings and recommendations on or before June 30, 2014, to the Governor and committees of the General Assembly, and provide ongoing support and assistance to the Center.

Effective Date: July 1, 2013
For more information, please contact: Nicki McCann

HB1449 Council for the Procurement of Health, Educational, and Social Services - Term Limits

HB 1149 establishes the terms of members of the Council for the Procurement of Health, Educational, and Social Services that are appointed by the Governor, limits the number of consecutive terms specified members may serve, authorizes the Governor to remove specified members, and requires terms to expire during specified years.

Effective Date: October 1, 2013
For more information, please contact: Nicki McCann

SB0790 Department of Health and Mental Hygiene - Advance Directive Registry - Fee and Date of Operation

SB 790 requires the Secretary of Health and Mental Hygiene to set a fee, by regulation, for services of the Advance Directive Registry and requires the Department of Health and Mental Hygiene to take the steps necessary to make the Registry operational on or before October 1, 2014.

Effective Date: October 1, 2013
For more information, please contact: Nicki McCann

SB0977 Task Force to Evaluate Regional Health Delivery and Health Planning in Rural Areas

SB 977 establishes the Task Force to Evaluate Regional Health Delivery and Health Planning in Rural Areas, and charges the task force to study same.

Effective Date: July 1, 2013
For more information, please contact: Nicki McCann

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Health Care Facilities


HB0986 State Board of Pharmacy - Sterile Compounding - Permits

HB 986 requires a "sterile compounding facility", including a pharmacy, a health care practitioner's office, or any other setting in which sterile preparations are compounded, to hold a sterile compounding permit from the State Board of Pharmacy before the facility may perform sterile compounding in the state.  A sterile compounding facility that performs sterile compounding outside the state must hold a sterile compounding permit from the board before dispensing sterile compounded preparations in the state.

Effective Date: October 1, 2013
For more information, please contact: Delora Sanchez

HB1009 Medical Spa Facilities - Licensing Requirements

HB 1009 prohibits a medical spa facility from operating in the state unless the medical spa facility holds a license issued by the Secretary of Health and Mental Hygiene.  The bill establishes requirements for licensure, prohibits the transfer of a license, requires a license to be displayed, and requires applicants to pay a fee and submit an application.

Effective Date: October 1, 2013
For more information, please contact: Nicki McCann

HB1270 Health Care Facilities and Pharmacies - Sale of Tobacco Products - Prohibition

HB 1270 establishes, as a condition of licensure, that tobacco products be prohibited from being sold in specified hospitals, related institutions, and nursing homes. The bill prohibits the sale of tobacco products in freestanding medical facilities and hospice facilities and requires the Secretary of Health and Mental Hygiene to adopt regulations that prohibit the sale of tobacco products in freestanding ambulatory care facilities.

Effective Date: October 1, 2013
For more information, please contact: Delora Sanchez

SB0804 Labor and Employment - Health Care Facilities - Workplace Violence Prevention Program

SB 804 requires a health care facility to establish a workplace violence prevention committee to implement a workplace violence prevention program that is appropriate for the size and complexity of the health care facility.

Effective Date: October 1, 2013
For more information, please contact: Delora Sanchez

SB0975 Maryland Health Care Commission - Certificate of Need Review - Interested Party

SB 975 alters the definition of interested party, in certificate of need review of projects proceedings, to include a jurisdiction that does not contain a general hospital.

Effective Date: October 1, 2013
For more information, please contact: Nicki McCann

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Health Care Occupations


HB0425 State Board of Nursing - Medication Technician Graduates and Certified Medication Technicians - Sunset Extension

HB 425 extends the termination date for provisions of law concerning medication technician graduates and certified medication technicians.

Effective Date: Emergency Measure
For more information, please contact: Nicki McCann

HB0980 Maryland Board of Physicians - Authority to Issue Temporary Licenses and Radiation Therapy, Radiography, Nuclear Medicine Technology, and Radiology Assistance Advisory Committee

HB 980 repeals the authority of the Maryland Board of Physicians to issue temporary licenses to practice radiation therapy, radiography, or nuclear medicine technology. The bill also reduces the number of members appointed to the Radiation Therapy, Radiography, Nuclear Medicine Technology, and Radiology Assistance Advisory Committee.

Effective Date: October 1, 2013
For more information, please contact: Nicki McCann

HB1290 Health Occupations Boards - Disciplinary Procedures - Prohibition on Stays

HB 1290 prohibits a hearing of charges filed by a health occupation board from being stayed or challenged by procedural defects. The bill also alters the circumstances under which an order of a health occupation board may not be stayed and prevents an order from being stayed pending judicial review.

Effective Date: October 1, 2013
For more information, please contact: Nicki McCann

HB1296 State Board of Physicians - Quasi-Judicial Powers - Revision

HB 1296 authorizes the State Board of Physicians to issue a cease and desist order or obtain injunctive relief for taking any action that may be grounds for discipline under a provision of law and that poses a serious risk to the health, safety, and welfare of a patient.

Effective Date: October 1, 2013
For more information, please contact: Nicki McCann

HB1313 State Board of Physicians - Consultation, Qualification for Licensure, License Renewal, and Representation to the Public

HB 1313 authorizes physicians licensed in another jurisdiction and engaged in consultation with a physician licensed in the state to practice medicine without a license from the State Board of Physicians under specified circumstances.  Additionally the bill establishes qualifications for licensure. Finally the bill requires the Board to send renewal notices to licensees by electronic or first-class mail.

Effective Date: October 1, 2013
For more information, please contact: Nicki McCann

SB0273 Veterans Full Employment Act of 2013

SB 273 requires licensing units and boards to give credit to former service members for relevant military training, education, and experience in connection with the issuance of occupational and professional licenses, certificates, and registrations. The bill repeals and recodifies provisions of law regarding the renewal of occupational or professional licenses and the completion of continuing education or continuing competency requirements for specified members of an armed force deployed outside the state.

Effective Date: July 1, 2013
For more information, please contact: Nicki McCann

SB0338 State Board of Nursing - Medication Technician Graduates and Certified Medication Technicians - Sunset Extension

SB 338 extends the termination date for provisions of law concerning medication technician graduates and certified medication technicians.

Effective Date: Emergency Measure
For more information, please contact: Nicki McCann

SB0783 State Board of Physicians - Naturopathic Doctors

SB 783 adds a Governor appointed naturopathic doctor to the State Board of Physicians. The bill also establishes the Naturopathic Medicine Advisory Committee within the Board.  Finally the bill requires individuals to have a license, on or before January 1, 2015, before practicing naturopathic medicine in the State.

Effective Date: October 1, 2013
For more information, please contact: Nicki McCann

SB0942 State Board of Physicians - Licensing Qualifications - Additional Training Exemption

SB 942 exempts applicants for a license to practice medicine in the state from a requirement to submit evidence of additional clinical training after having failed an examination a specified number of times.

Effective Date: Emergency Measure
For more information, please contact: Nicki McCann

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Health Reform


HB1258 Mental Hygiene - Reform of Laws and Delivery of Services

HB 1258 modifies standards for involuntary admissions of individuals with mental disorders to specified facilities or a Veterans' Administration hospital under defined circumstances. The bill also modifies standards for emergency evaluations of individuals with mental disorders, modifies standards for clinical review panel approval, and establishes the Task Force on the Delivery of Services to Individuals with Mental Illness.

Effective Date: July 1, 2013
For more information, please contact: Nicki McCann

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Health, General/Public/Environmental


HB0693 Vehicle Laws - Seat Belts and Child Safety Seats

HB 693 repeals a duplicative provision relating to the use of child safety seats and seat belts for children under 16 years old.

Effective Date: October 1, 2013
For more information, please contact: Nicki McCann

HB0798 Environment - Radiation Sources - Podiatry and Chiropractic Radiation Machines

HB 798 requires a state inspector of radiation machines at a podiatry or chiropractic office to provide a notice to the office or facility if there is a violation that does not present a serious and probable danger to patients or employees. The notice must: (1) explain the nature of the violation and the required corrective action; (2) indicate that the office or facility has 20 days to comply with the corrective action; and (3) inform the office or facility of the required procedure to inform the Maryland Department of the Environment (MDE) that the corrective action has been completed. If the corrective action is completed in the 20-day period, MDE may not impose a fine on the office or facility for the violation.

Effective Date: October 1, 2013
For more information, please contact: Delora Sanchez

HB0826 Maryland Health Care Commission - Personalized Medicine - Study

HB 826 requires the Maryland Health Care Commission to create a stakeholder workgroup to study the implementation of personalized medicine in the state.  The bill tasks the workgroup with reviewing federal reports and recommendations, analyzing the impact of the federal Genetic Information Nondiscrimination Act on the state's implementation of personalized medicine, identifying obstacles, and making recommendations.

Effective Date: June 1, 2013
For more information, please contact: Nicki McCann

HB0890 Health - Overdose Response Program - Establishment

HB 890 creates an Overdose Response Program overseen by the Department of Health and Mental Hygiene. The bill specifies the requirements an individual must meet to qualify for a certificate, authorizes an individual who is certified to receive a prescription for naloxone and supplies, possess prescribed naloxone and paraphernalia, and administer naloxone.

Effective Date: October 1, 2013
For more information, please contact: Delora Sanchez

HB0923 Certificate of a Qualified Expert - Lead Paint Poisoning Claims

HB 923 generally establishes judicial procedures regarding claims for injury allegedly caused by the ingestion of lead-based paint or lead-contaminated dust, including requirements related to the filing of a certificate of a qualified expert.

Effective Date: June 1, 2013
For more information, please contact: Delora Sanchez

HB0947 Environment - Lead-Based Paint Damages - Manufacturers of Lead Pigment

HB 947 provides that specified manufacturers of lead pigment may be held liable under any legally recognized theory of liability in an action for damages. The bill also provides that, in an action for damages, a person is not required to prove that a manufacturer manufactured the lead pigment contained in lead-based paint that caused the damage to establish the liability of the manufacturer. The bill requires specified damages to be apportioned.

Effective Date: October 1, 2013
For more information, please contact: Delora Sanchez

HB0969 Commission to Consider Mental Health-Related Ways to Limit Mass Violence by Individuals with Antisocial Personality Disorders, Depressive Disorders, or Other Mental Illness

HB 969 establishes a Commission to Consider Mental Health-Related Ways to Limit Mass Violence by Individuals with Antisocial Personality Disorders, Depressive Disorders, or Other Mental Illness.

Effective Date: June 1, 2013
For more information, please contact: Nicki McCann

HB1067 Environment - Reduction of Lead Risk in Housing - Blood Lead Level

HB 1067 lowers the elevated blood lead level, from 10 to 5 micrograms per deciliter, for requiring notice to a person at risk.  This bill specifies that: (1) an owner of an affected property is required to satisfy the modified risk reduction standard, and (2) a local health department is required to notify the person at risk and the owner of the affected property.

Effective Date: October 1, 2013
For more information, please contact: Delora Sanchez

HB1100 Maryland Compassionate Care Act

HB 1100 establishes an independent Medical Marijuana Oversight Commission. The bill requires the Commission to establish a registration program to register dispensing pharmacies, dispensing centers, and academic medical centers.

Effective Date: June 1, 2013
For more information, please contact: Delora Sanchez

HB1101 Medical Marijuana - Academic Medical Centers

HB 1101 establishes the Medical Marijuana Commission.  The bill requires the Commission to issue requests for applications at least annually, establishes requirements for applications submitted by an academic medical center, and requires the Commission to set specified application and renewal fees.

Effective Date: October 1, 2013
For more information, please contact: Delora Sanchez

HB1137 Task Force to Study the Process for Assisting Cancer Patients at Local Departments of Social Services

HB 1137 establishes the Task Force to Study the Process for Assisting Cancer Patients at Local Departments of Social Services.

Effective Date: June 1, 2013
For more information, please contact: Nicki McCann

HB1265 Patient Safety Early Intervention Programs

HB 1265 authorizes hospitals, related institutions, and specified insurers to establish patient safety early intervention programs. The bill prohibits the use of statements made during discussions held in accordance with patient safety early intervention programs as evidence of liability or as evidence of an admission against interest in specified actions and proceedings.

Effective Date: October 1, 2013
For more information, please contact: Delora Sanchez

HB1299 Lead Poisoning - Risk Reduction Standard - Frequency of Testing

HB 1299 requires the owner of an affected property with windows installed after 1978 to pass the test for lead-contaminated dust: (1) every five years; (2) before a child or pregnant woman occupies the affected property; and (3) on notification that an individual occupying the affected property is pregnant.

Effective Date: October 1, 2013
For more information, please contact: Delora Sanchez

HB1329 Medical Assistance Programs - Fraud and Abuse Prevention

HB 1329 requires the Department of Health and Mental Hygiene to implement prepayment systems to prevent fraud and abuse in the payment of claims for the Maryland Medical Assistance Program and the Maryland Children's Health Program.

Effective Date: October 1, 2013
For more information, please contact: Delora Sanchez

HB1351 Health - Smoking - Public Playgrounds and Swimming Pools - Prohibition

HB 1351 prohibits smoking on a public playground and in and around a public swimming pool.

Effective Date: October 1, 2013
For more information, please contact: Nicki McCann

HB1355 Public Safety - Regulated Firearms - Application Fee and Mental Health Certification

HB 1355 increases a firearm application fee and reduces the number of consecutive days that an applicant may not exceed in a medical institution for treatment of a mental disorder without a specified certification from a licensed mental health physician or under specified supervision; requiring a firearm application to be accompanied by a specified certificate from a licensed mental health physician issued within a specified period before the date of the application.

Effective Date: October 1, 2013
For more information, please contact: Delora Sanchez

HB1424 Alcohol and Drug Abuse Administration - Opioid Maintenance Therapy Program - Requirements

HB 1424 requires the Opioid Maintenance Therapy Program to conform to the standards of care established by the American Society of Addiction Medicine in the following areas: (1) counselor to patient ratio; (2) number of counseling sessions; and (3) urinalysis testing.

Effective Date: October 1, 2013
For more information, please contact: Nicki McCann

HB1430 Task Force on Pharmacogenomics

HB 1430 establishes a Task Force on Pharmacogenomics.  Pharmacogenomics is the technology that analyzes how the genetic makeup of an individual affects his/her response to drugs.

Effective Date: July 1, 2013
For more information, please contact: Nicki McCann

HB1453 Criminal Law - Marijuana - Regulation, Penalties, and Taxation

HB 1453 repeals criminal violations for the use, possession, and sale of marijuana, establishes exemptions from prosecution for persons for using, obtaining, purchasing, transporting, or possessing marijuana in specified circumstances, and provides exemptions from prosecution for retailers, wholesalers, and safety compliance facilities. The bill also establishes an affirmative defense and a fine for a civil violation.

Effective Date: October 1, 2013
For more information, please contact: Delora Sanchez

SB0679 Virginia I. Jones Alzheimer's Disease and Related Disorders Council

SB 679 establishes the Virginia I. Jones Alzheimer's Disease and Related Disorders Council. The bill requires the Secretary of Health and Mental Hygiene and the Secretary of Aging to co-chair the Council, requires the Department of Health and Mental Hygiene to provide staff support for the Council, and authorizes the Department to request specified staffing assistance.

Effective Date: October 1, 2013
For more information, please contact: Delora Sanchez

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Long Term Care


SB0023 Income Tax - Credit for Long-Term Care Premiums

SB 23 alters a limitation on claiming the income tax credit for eligible long-term care insurance premiums for more than 1 year with respect to the same insured individual. The bill also alters the amount of the credit from a one-time $500 credit to an annual $200 credit. Finally the bill applies the Act to all taxable years beginning after December 31, 2013.

Effective Date: July 1, 2013
For more information, please contact: Nicki McCann

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Medical Liability/Tort Reform


HB1114 Health Care Malpractice - Awards and Judgments - Periodic Payments

HB 1114 requires periodic payments of damages in excess of $1,500,000 for health care malpractice causes of action. The bill establishes procedures and requirements relating to periodic payments and annuities for funding periodic payments.

Effective Date: October 1, 2013
For more information, please contact: Delora Sanchez

HB1156 Maryland Contributory Negligence Act

HB 1156 establishes that the common law doctrine of contributory negligence shall remain an affirmative defense. The bill also makes the act contingent on action taken by the Court of Appeals of Maryland.

Effective Date: Contingent - June 1, 2013
For more information, please contact: Delora Sanchez

HB1182 Courts - Commission to Study Maryland's Fault Allocation System

HB 1182 establishes that the common law doctrines of contributory negligence and joint and several liability remains the law of the state. Additionally, the bill establishes the Commission to Study Maryland's Fault Allocation System and requires the Commission to study and make recommendations.

Effective Date: June 1, 2013
For more information, please contact: Delora Sanchez

HB1310 Health Care Malpractice Claims - Definition of "Health Care Provider"

HB 1310 alters the definition of "health care provider" for purposes of health care malpractice claims.

Effective Date: October 1, 2013
For more information, please contact: Delora Sanchez

HB1316 Postjudgment Interest - Medical Injury

HB 1316 specifies that, notwithstanding any other provision of law, the legal rate of interest on a money judgment for a medical injury in a health care malpractice claim is the greater of (1) the bank prime loan rate, as published by the Board of Governors of the Federal Reserve System, for the month of the date of the judgment, or (2) 3% per year.  The bill must be construed to apply only prospectively to a money judgment entered on or after the bill's October 1, 2013 effective date.

Effective Date: October 1, 2013
For more information, please contact: Delora Sanchez

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Miscellaneous


SB0449 Fairness for All Marylanders Act of 2013

SB 449 prohibits discrimination based on "gender identity" in public accommodations, labor and employment, and housing. Discrimination based on "gender identity" is also prohibited by persons licensed or regulated by a unit of the Department of Labor, Licensing, and Regulation. "Gender identity" is defined as a gender-related identity, appearance, expression, or behavior of an individual regardless of the individual's assigned sex at birth. The bill exempts the rental of rooms or apartments in an owner's principal residence from provisions of the bill relating to housing discrimination. The exemption for apartments is limited to an owner-occupied dwelling with up to five rental units. The bill specifies that it is not unlawful for an employer to establish and require an employee to adhere to certain reasonable workplace appearance, grooming, and dress standards as long as an employee is allowed to appear, groom, and dress consistent with the employee's gender identity.

Effective Date: October 1, 2013
For more information, please contact: Delora Sanchez

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Prescription Drugs


HB0908 Pharmacy Benefits Managers - Prescription Drugs - Maximum Allowable Cost Prices

HB 908 requires a pharmacy benefits manager (PBM) to disclose to a purchaser and specify in its contracts with purchasers, pharmacies, or pharmacists certain information regarding maximum allowable cost (MAC) prices for certain prescription drugs. A PBM must establish a process for notifying pharmacies and pharmacists of changes regarding MAC prices, establish a procedure that allows pharmacies and pharmacists to appeal a MAC price, and ensure that prescription drugs meet certain criteria in order to include a MAC price for a prescription drug in a contract with a pharmacy or pharmacist.

Effective Date: October 1, 2013
For more information, please contact: Delora Sanchez

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Workplace Regulation


HB1248 Workers' Compensation - Average Weekly Wage - Volunteer Company Member

HB 1248 alters the method of computing the average weekly wage (AWW) - for the purpose of calculating workers' compensation benefits - of a covered employee of a member of a "volunteer company" throughout the state. The bill specifies that the wages for such a covered employee must be the greater of either the wages from the covered employee's other employment or the equivalent to the base salary or wages of a professional firefighter or emergency medical technician in the jurisdiction in which the accidental personal injury or last injurious exposure occurred.

Effective Date: October 1, 2013
For more information, please contact: Delora Sanchez

HB1256 Workers' Compensation - Occupational Disease - Post-Traumatic Stress Disorder

HB 1256 creates a presumption that, for purposes of workers' compensation, a first responder suffering from post-traumatic stress disorder is suffering from an occupational disease that was suffered in the line of duty and is compensable under specified circumstances. The bill provides that an employee is eligible for benefits under the Act and that employee's dependents shall receive the benefits in addition to retirement benefits.

Effective Date: October 1, 2013
For more information, please contact: Delora Sanchez

HB1314 Workers' Compensation - Medical Presumptions - Statute of Limitations on Claims

HB 1314 extends by two years - from December 1, 2012, to December 1, 2014 - the date by which a medical expert must conduct a specified study and report the findings of the study to the Department of Legislative Services (DLS). The bill also tolls, until June 1, 2015, the statute of limitations for a covered employee who files an occupational disease claim for one of the cancers added by Chapter 445 to the list of compensable occupational diseases covered under the presumption.

Effective Date: June 1, 2013
For more information, please contact: Delora Sanchez

HB1330 Workers' Compensation - Insurance Coverage - Employer Compliance

HB 1330, a departmental bill, modifies procedures for the Workers' Compensation Commission (WCC) to enforce an employer's compliance with the requirement that employers secure workers' compensation insurance for covered employees. The bill also alters penalties for noncompliance. In addition, the bill authorizes the use of specified procedures by the Uninsured Employers' Fund (UEF) in recovering penalties and assessments.

Effective Date: October 1, 2013
For more information, please contact: Delora Sanchez

HB1331 Labor and Employment - Parental Leave - Birth or Adoption of a Child

HB 1331 provides employees a total of six workweeks of parental leave in a 12-month period. The bill provides that the parental leave granted by an employer may be unpaid, provides that paid leave may be substituted for any part of the six workweeks of leave, and authorizes an employer to require an employee to provide written notice of the employee's intention to take parental leave.

Effective Date: October 1, 2013
For more information, please contact: Delora Sanchez

HB1334 Employment Discrimination - Leave for Pregnancy and Childbirth

HB 1334 requires that specified leave be included in reasonable accommodations for disabilities caused or contributed to by pregnancy or childbirth.

Effective Date: October 1, 2013
For more information, please contact: Delora Sanchez

HB1389 Workers' Compensation - Reimbursement for Drugs - Fee Schedule and Requirements

HB 1389 requires the Workers' Compensation Commission to adopt in regulation a pharmaceutical fee schedule. The bill provides for the setting of reimbursement rates for specified drugs, requires that a pharmaceutical bill submitted to an employer or its insurer for reimbursement of a repackaged or compounded drug contain specified information, and requires an employer or its insurer to reimburse a claimant under specified circumstances.

Effective Date: October 1, 2013
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]
Nicki McCann [email protected]
Patrick Murray [email protected]
Delora Sanchez [email protected]



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