2013 SESSION OF THE
MARYLAND GENERAL ASSEMBLY
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2013 SESSION OF THE |
| Volume 19, Number 6 |
June 11, 2013 |
To view the legislative information below, click on the subject of interest to go directly to that area or scroll down to view the entire document. Background and summary information is provided for each subject area followed by details on the bills that passed of interest to Johns Hopkins. All of these bills have been signed into law by Governor O'Malley
In 2011, the State of Maryland faced a $2 billion gap between spending and revenues, and policymakers began a three-year deficit reduction process. The FY 2014 budget represents the third and final year of that process. Including federal, general and special funds, the budget is $36.9 billion, and policymakers recognized the potential impact of federal sequestration on the budget by providing a total cash reserve of more than $1 billion.
Sellinger Aid Program
The budget funds the Sellinger program at $41.3 million, an 8.5% increase over FY 2013. The Sellinger formula apportions funds among the state's independent institutions of higher education on a per-FTE student basis. In FY 2014, Johns Hopkins is projected to receive $17.7 million, an 8.7% increase over FY 2013.
Cigarette Restitution Fund (CRF)
The budget restores academic medical centers' CRF funding to the statutory level. In FY 2014 and beyond Johns Hopkins is scheduled to receive $1,793,103 for cancer research.
Stem Cell Research Fund
The budget funds the Maryland Stem Cell Research Fund at $10.4 million in FY 2014 (level funding from FY 2013). Johns Hopkins researchers have won over 60% of these peer reviewed competitive grants since the state initiated the program seven years ago.
Biotechnology Tax Credit Program
The budget funds the Biotechnology Tax Credit at $10 million in FY 2014, a $2 million increase from FY 2014.
Health Care
The budget has no direct cuts to hospitals, MCO rates, or provider rates.
BILLS INTRODUCED
Behavioral Health Integration
HB0560 Public-Private Partnerships HB 560 is an administration bill establishing state policy to utilize public-private partnerships (P3's) to develop and strengthen the state's public infrastructure assets, apportion risks between the public and private entities, foster the creation of new jobs, and promote the state's economic competitiveness. The bill asserts that private entities that enter into P3's must comply with the provisions of the Labor and Employment Article and the federal Fair Labor Standards Act. The bill clarifies that, to the extent that statutory provisions relating to high performance buildings and environmental protection apply to a P3 project, the P3 project must also comply with those provisions. A P3 is defined as a method for delivering public infrastructure assets using a long-term, performance-based agreement between specified state reporting agencies and a private entity where appropriate risks and benefits can be allocated in a cost-effective manner. Under a P3 agreement, a private entity performs functions normally undertaken by government, but the reporting agency remains ultimately accountable for the public infrastructure asset and its public function. The state may also retain ownership of the public infrastructure asset, while the private entity may be given additional decision-making rights with regard to financing, development, construction, operations, and maintenance. Effective Date: July 1, 2013 HB0803 Income Tax - Business and Economic Development - Cybersecurity Investment Incentive Tax Credit HB 803 is an administration bill creating a tax credit against the state income tax for qualified investments in Maryland cybersecurity companies. The credit may be claimed by a qualified Maryland cybersecurity company which meets the qualifications of the bill, follows the application certification process established by the bill, and receives an investment from a qualified investor. A qualifying company is a for-profit entity primarily engaged in developing innovative and proprietary cybersecurity technology, which has been in business for no more than five years, has fewer than 50 full-time employees, has its headquarters and base of operations in Maryland, is not publicly traded, has not participated in the program for more than one prior fiscal year, owns or has properly licensed any proprietary technology, and has an aggregate capitalization of at least $100,000. A company may claim a refundable credit equal to 33% of the investment, not to exceed $250,000. The total credits issued cannot exceed the funding appropriated to the program. The FY 2014 budget includes $3.1 million for the credit. Effective Date: July 1, 2013 HB1315 Economic Development Programs - Data Collection and Tracking (Maryland Jobs Development Act) HB 1315 requires the Department of Business and Economic Development to compile data and report annually on the following programs: the Film Production Activity Tax Credit, the Job Creation Tax Credit, the One Maryland Economic Development Tax Credit, the Invest Maryland Program, the Biotechnology Investment Incentive Tax Credit, and the Research and Development Tax Credit. Effective Date: July 1, 2013 [GO TO TOP] [GO TO BILL LIST]
Also successful was legislation that will make several changes to the Enterprise Fund and Invest Maryland Program (SB 70) that was established in 2011 within the Department of Business and Economic Development (DBED).
Legislation to expand the False Claims Act (HB 509) was unsuccessful. The bill would have allowed a private citizen to file suit on behalf of the state for a false claim and, if successful, allow the citizen to recover up to 25 percent of the proceeds from the suit. The business community has historically opposed a general false claims bill as it would add duplicative penalties and fines for existing illegal business practices. The state's existing False Health Claims Act was passed in 2010.
Two pieces of legislation were introduced in response to a case before the Maryland Court of Appeals which asked the Court to replace the negligence standard from the common law doctrine of contributory negligence with comparative fault. Maryland is one of five jurisdictions that utilize the doctrine of contributory negligence. The Court has not yet released an opinion on the case. The first piece of legislation would codify the contributory negligence defense only if the Court of Appeals abolished the current negligence standard; the second would have codified the contributory negligence defense but also would have convened a commission to study Maryland's fault allocation system. Neither bill moved past first reader (HB 1182/HB 1156/SB 819). Committee members were not comfortable with passing legislation on a point of law that was currently under the consideration of the high court.
Please find details on relevant bills which passed below:
SB0070 Business and Economic Development - Enterprise Fund and Invest Maryland Program SB 70, is an emergency departmental bill that makes several changes to the Enterprise Fund and Invest Maryland Program within the Department of Business and Economic Development (DBED) by: (1) altering the permissible uses and allocation of funds received by venture firms; (2) allowing DBED to acquire greater ownership interests; (3) clarifying insurance company restrictions related to ownership of venture firms; and (4) altering certain reporting requirements. Effective Date: Emergency Measure SB0278/HB0227 Maryland Employment Advancement Right Now (EARN) Program SB 278/HB 227 is an administration bill establishing the Maryland Employment Advancement Right Now (EARN) Program in the Department of Labor, Licensing, and Regulation (DLLR). DLLR must establish and administer the program in consultation with the Department of Business and Economic Development (DBED) and the Governor's Workforce Investment Board (GWIB) to provide competitive grants for specified industry partnerships and training programs. DLLR must also develop and implement a state employment advancement strategy, in consultation with the Department of Budget and Management (DBM), and develop a "Train Maryland" website in consultation with DBED and the Department of Information Technology (DoIT). Effective Date: June 1, 2013 SB0779/HB0328 Biotechnology Investment Tax Credit - Qualified Maryland Biotechnology Company - Definition SB 779/HB 328 alters the definition of "qualified Maryland biotechnology company" for purposes of the biotechnology investment tax credit to exclude a company that has received investments from specified qualified investors, repeals obsolete language, and applies the act to initial tax credit certificates issued after June 30, 2013. Effective Date: June 1, 2013 [GO TO TOP] [GO TO BILL LIST]
The Baltimore City Public Schools Construction and Revitalization Act of 2013 passed. This legislation funds major renovations to Baltimore City Public Schools. The 35 year plan leverages more than $1 billion in bonds to replace 15 schools and renovate up to 35 others. The state will divert $20 million in lottery proceeds, and Baltimore City will contribute $20 million from the recently increased bottle tax and casino revenue. Mayor Rawlings-Blake and Dr. Alonso both provided testimony in support of the bill. Groundbreaking for the first new school could be as early as 2014, with new schools open to students as early as 2015. Additional capital requests were introduced for general education projects.
The Governor also signed bills to change the state education aid formula increasing state aid to local school systems, extending the Baltimore City and Baltimore County Child in Need of Supervision Pilot Program, and requiring that local boards of education and employee organizations represent both certified and noncertified public school employees in state negotiations.
Please find details on relevant bills which passed below:
HB0229 State Aid for Public Education - Certification of Net Taxable Income HB 229, an administration bill, requires state education aid formulas that include a local wealth component to be calculated twice, once using a net taxable income (NTI) amount for each county based on tax returns filed by September 1 and once using an NTI amount based on tax returns filed by November 1. Each local school system then receives the greater state aid amount of the results from the two calculations. Effective Date: July 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 HB0830 Alternatives to the General Educational Development Tests - Study HB 830 requires the Division of Workforce Development and Adult Learning (DWDAL) in the Department of Labor, Licensing, and Regulation (DLLR) to conduct a study to identify alternative methods for an individual to earn the equivalent of a high school diploma without passing the general educational development (GED) tests. Effective Date: June 1, 2013 HB1408 Family Law - Criminal History Records Checks - Student Teachers HB 1408 requires the Department of Public Safety and Correctional Services, on written request from a specified student teacher, to submit a specified printed statement to additional employers if the criminal history records check was completed during the prior 365 days and establishes that a specified printed statement is valid in any county in the state. Effective Date: October 1, 2013 SB0143/HB0983 Public Schools - Emergency Management Plans - Evaluations SB 143/HB 983 requires local boards of education to evaluate the emergency management plan (EMP) in each public school by February 1, 2014. Effective Date: June 1, 2013 SB0422/HB0667 Public School Employees - Collective Bargaining - Representation Fees SB 422/HB 667 requires each local board of education and the employee organizations representing either certificated or noncertificated public school employees in the State to negotiate a reasonable service or representation fee to be charged to nonmembers of the employee organizations. Effective Date: July 1, 2013 SB0740 College and Career Readiness and College Completion Act of 2013 SB 740 establishes a number of requirements aimed at increasing college readiness and completion in Maryland. Effective Date: July 1, 2013 SB0963 Task Force to Study a Post-Labor Day Start Date for Maryland Public Schools SB 963 establishes the Task Force to Study a Post-Labor Day Start Date for Maryland Public Schools. The bill provides for the membership, chair, and staff for the Task Force, requires the Task Force to study issues relating to a post-Labor Day start date for Maryland public schools, and requires the Task Force to report to the Governor and the General Assembly on or before June 30, 2014. Effective Date: July 1, 2013 [GO TO TOP] [GO TO BILL LIST]
Several bills of interest did pass including:
SB 195/HB 1062 makes new requirements of hospitals during so-called "observation stays", requiring hospitals to provide oral and written notice to a patient of the patient's outpatient status, the billing implications of the outpatient status, and the impact of the outpatient status on the patient's eligibility for Medicare rehabilitation services. A hospital must provide such notice if: (1) the patient receives on-site services (including a hospital bed and meals provided in an area of the hospital other than the emergency room) from the hospital for more than 23 consecutive hours, and (2) the patient is classified as an outpatient at the hospital for observation rather than as an admitted inpatient. The Department of Health and Mental Hygiene (DHMH) must, in consultation with hospitals, adopt by regulation standardized elements to be included in the written notice required by the bill.
Two bills passed related to medical records. The first will require that notice and documentation requiring a health care provider to disclose a medical record (HB 1481/SB 557) be sent by first class mail. The second expands the identity fraud statute to include "health information" and health care records to prohibit a person stealing a person's identity in order to access medical information or services.
Recognizing the potential of telehealth as a means to improve access to care and reduce costs, policymakers considered several bills, ultimately passing three. SB 798/HB 1042 permits hospitals, in their credentialing and privileging process for a physician who provides medical services at that hospital only through telemedicine, to rely on credentialing and privileging decisions made for that physician at their distant site hospital or telemedicine entity. The physician must be licensed in Maryland and the credentialing and privileges decisions must also be approved by the hospital's medical staff and governing body.
SB 776/HB 934 will provide legislative direction on a previously established workgroup of the Health Quality and Cost Council. Johns Hopkins is represented on that workgroup, which is comprised of three advisory groups: clinical, technology solutions and standards; and, financial and business model.
Efforts to require Medicaid telehealth reimbursement throughout the state were unsuccessful, but SB 496 passed, requiring such reimbursement for treatment of stroke and cardiovascular disease in emergency settings when an on-site specialist is not available. In addition, DHMH will pilot Medicaid telemedicine reimbursement to rural areas of the state in FY 2014. Although the health committees recognized the fiscal constraints to fund the expanded program in the upcoming fiscal year, their recommendation to expedite telehealth throughout the Medicaid program was made clear. Legislation to require the existing Cybersecurity Commission to address telemedicine security also failed, as that issue will be addressed by the Telehealth task force.
As amended and passed, HB 581 establishes pilot programs around the state that will provide data and best practices on the delivery of palliative care in Maryland. This will allow the targeted palliative care programs to inform the state's development of standardized palliative care programs at Maryland hospitals.
Please find details on relevant bills which passed below:
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 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 SB0151 Hospitals - Outpatient Services - Off-Site Facility - Rate Regulation
SB 151 changes a notification date to June 1, 2013. Current statute allows certain off-site outpatient facilities to be subject to HSCRC approved rates, if the hospital provided notice to the HSCRC that they wanted the outpatient facility to be subject to HSCRC rates by July 1, 1999. That date has been adjusted to address a specific issue at Easton Memorial Hospital. Effective Date: Emergency Measure SB0496 Maryland Medical Assistance Program - Telemedicine SB 496 requires the Medicaid program, unless otherwise specifically prohibited or limited by federal or state law, to reimburse a health care provider for a health care service delivered by telemedicine in the same manner as the same health care service is reimbursed when delivered in person. Reimbursement is required only for a health care service that is medically necessary and is provided: (1) for the treatment of cardiovascular disease or stroke; (2) in an emergency department setting; and (3) when an appropriate specialist is not available. The Department of Health and Mental Hygiene (DHMH) must adopt regulations to carry out the requirements of the bill. Effective Date: October 1, 2013 SB0557 Medical Records - Disclosure in Response to Compulsory Process SB 557 requires a person who discloses a medical record in response to compulsory process to make a certification within 5 business days to the judicial officer who issued the compulsory process. The bill requires the person to include a statement in the certification that certifies that the disclosure was made in compliance with state and federal privacy laws as it relates to medical records; requires the person to mail a copy of the certification to the person of interest and if applicable, the parties to a criminal or juvenile delinquency case, except under specified circumstances. Effective Date: October 1, 2013 SB0624HB00942 Identity Fraud - Health Information and Health Care Records SB 624/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 SB0798 Hospitals - Credentialing and Privileging Process - Telemedicine SB 798 permits a hospital to rely on the credentialing and privileging decisions made by the distant site hospital or telemedicine entity for telemedicine physicians, in accordance with Joint Commission and federal regulations. Hospitals may only rely on the distant site decisions if the physician holds a license to practice medicine in Maryland, and the medical staff of the hospital approves and recommends those decisions to the hospital's governing body. Effective Date: October 1, 2013 SB0881 Community Health Resources Commission - Revisions SB 881 exempts the Maryland Community Health Resources Commission (MCHRC) from the power of the Secretary of the Department of Health & Mental Hygiene (DHMH) over the procurement procedures for units in DHMH and authorizes MCHRC to contract with a qualified, independent third party for any service necessary to carry out the powers and duties of MCHRC. A third party under contract with MCHRC is prohibited from releasing, publishing, or using in a manner not authorized by the contract any information to which the third party has access. Effective Date: October 1, 2013 [GO TO TOP] [GO TO BILL LIST]
HB 1096 extends the termination date of the State Board of Physicians, known as "sunset review", and includes two provisions of note for Johns Hopkins Medicine.
SB 1057 will require health care staff agencies to be licensed by the Maryland Office of Health Care Quality before referring health care practitioners to Maryland hospitals. The bill was a result of the actions associated with the hepatitis-C-infected radiographer who worked at Maryland hospitals via referrals by staffing agencies. DHMH recommended expanding regulatory requirements to those agencies, consistent with requirements currently applied to nursing staff agencies. Health care staff agencies operated by hospitals or health systems solely for their own entities are exempt, as are nurse anesthetists, nurse midwives, nurse practitioners, doctors, podiatrists, dentists, pharmacists, and acupuncturists in the definition of health care professionals for this particular legislation.
Please find details on relevant bills which passed below:
HB0806 Health Occupations - State Board of Social Work Examiners - Revisions HB 806 requires applicants to the State Board of Social Work Examiners for licensure to submit to a criminal history records check and a mental or physical examination. Additionally, the bill prohibits specified licensees from practicing social work, engaging in private practice, and diagnosing specified disorders, and alters fines and penalty provisions relating to such violations. Effective Date: October 1, 2013 HB0868 Health Occupations - State Board of Pharmacy - Waivers - Pharmacies That Only Dispense Devices HB 868, an emergency bill, authorizes the State Board of Pharmacy to waive certain requirements for pharmacies that only dispense prescription devices in accordance with rules and regulations adopted by the board. Effective Date: Emergency Measure HB1096 State Board of Physicians and Allied Health Advisory Committees - Sunset Extension and Program Evaluation HB 1096 extends the termination date of the State Board of Physicians and its six allied health advisory committees by five years to July 1, 2018. The bill implements recommendations of the Department of Legislative Services' (DLS) November 2011 full sunset evaluation and recommendations contained in the University of Maryland, Baltimore's July 2012 report. The bill requires DLS to conduct a direct full evaluation of the Board by October 30, 2016. Effective Date: Emergency Measure HB1115 Health Occupations Boards - License Renewal, Investigation of Alleged Violations, and Immunity from Liability HB 1115 authorizes health occupation boards within the Department of Health and Mental Hygiene to establish a secure electronic system for the distribution of renewed licenses, permits, certifications, and registrations. The bill requires specified boards to discontinue sending renewal notices, licenses, permits, certificates, or registration by first-class mail, in favor of electronic communication. Effective Date: June 1, 2013 SB0338/HB0425 State Board of Nursing - Medication Technician Graduates and Certified Medication Technicians - Sunset Extension SB 338/HB 425 is an emergency bill that extends for one year a provision of law that authorizes a medication technician graduate, or a medication technician who has applied for renewal, to practice for up to 180 days while awaiting a certificate from the Board of Nursing. The 180-day time period will run from the date of completion of a medication technician training program or the Board-approved refresher course. This authorization is extended through April 11, 2014. Effective Date: Emergency Measure SB0401/HB0179 Pharmacists - Administration of Vaccinations - Expanded Authority and Reporting Requirements SB 401/HB 179 alters vaccine administration regulations. For individuals age 11 to 17, a pharmacist may administer a vaccination listed in the U.S. Centers for Disease Control and Prevention's (CDC) recommended immunization schedule if the individual has a prescription from an authorized prescriber. Effective Date: Various SB0460/HB0723 Health Occupations - Physician Assistants - Authority to Practice SB 460/HB 723 authorizes a physician assistant (PA) to: (1) for purposes of authorizing an individual age 15, 16, or 17 to marry, complete a certificate stating that the PA has examined the individual and has found she is pregnant or has given birth to a child; (2) provide the date of birth and medical information required on a certificate of birth; (3) fill out and sign a certificate of death; (4) file a replacement death certificate; (5) serve as a witness to a written or oral advance directive; (6) if physically present on the scene with the patient, provide an oral emergency medical services "do not resuscitate order"; (7) update or complete a "Medical Orders for Life-Sustaining Treatment" form; (8) certify certain medical conditions or disabilities for an applicant to qualify for a special disability registration number and plates from the Motor Vehicle Administration (MVA); and (9) certify the existence of a permanent disability for an applicant for a temporary or permanent parking placard from MVA. Effective Date: October 1, 2013 SB0501/HB0624 State Board of Nursing - Licensure by Endorsement - Clinical Experience SB 501/HB 624 authorizes the State Board of Nursing to waive clinical experience requirements for applicants for licensure by endorsement if the applicant has graduated from an accredited program, submitted evidence of active nursing practice, and met other licensing requirements. The bill also clarifies that applicants for licensure by endorsement must have an active unencumbered license, submit an application form to the board, and submit to a criminal history records check. Effective Date: October 1, 2013 SB0512 Health Care Practitioners - Identification Badge SB 512 requires a health care practitioner to wear a badge or other form of identification displaying in readily visible type the practitioner's name and title or role. Effective Date: October 1, 2013 SB0580/HB0180 Medical Marijuana - Caregiver - Affirmative Defense SB 580/HB 180 establishes that it is an affirmative defense, in a prosecution for the possession of marijuana or related paraphernalia, that the defendant possessed marijuana or paraphernalia because the defendant was a caregiver and the marijuana or paraphernalia was intended for medical use by an individual with a debilitating medical condition. The bill specifies that the affirmative defense may not be used if the defendant was using (or assisting in the use of) marijuana in a public place or was in possession of more than one ounce of marijuana. In addition, the bill specifies that a defendant may assert the affirmative defense only if the defendant: (1) notifies the State's Attorney, at least 30 days before trial, of the defendant's intention to assert the affirmative defense; and (2) provides the State's Attorney with all documentation in support of the affirmative defense. Effective Date: June 1, 2013 SB0942 State Board of Physicians - Consultation, Qualification for Licensure, License Renewal, and Representation to the Public 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 SB0951/HB0879 Health Occupations - Polysomnographic Technologists - Licensure and Discipline SB 951/HB 879 repeals the requirement that the State Board of Physicians place a licensed polysomnographic technologist on inactive status under specified circumstances and authorizes, but does not require, the Board to reinstate the effected license of a polysomnographic technologist. Additionally, the bill authorizes the Board to deny a license or take specified action against a licensee for failing to cooperate with a lawful investigation conducted by the Board. Effective Date: October 1, 2013 SB0954/HB0980 Maryland Board of Physicians - Authority to Issue Temporary Licenses and Radiation Therapy, Radiography, Nuclear Medicine Technology, and Radiology Assistance Advisory Committee SB 954/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. The bill corrects the definition of "practice radiation assistance" by replacing the term "medical radiation technology" with "radiography" and corrects the name of the advisory committee. Effective Date: October 1, 2013 [GO TO TOP] [GO TO BILL LIST]
Effective January 1, 2014, Medicaid eligibility is expanded to children ages 6 through 18 and adults younger than age 65 with family or household incomes up to 133% of federal poverty guidelines (FPG) and former foster care adolescents up to age 26 (these individuals are already covered until age 20).
Beginning January 1, 2015, a portion of the existing insurance premium tax must be distributed annually to the MHBE Fund for the operation and administration of the Exchange. The premium tax is paid by health insurers; managed care organizations (MCOs) and for-profit health maintenance organizations (HMOs) are excluded from paying the tax. Also exempt are qualified nonprofit health insurance issuers, established under the ACA as part of the Consumer Operated and Oriented Plan (CO-OP); the exemption terminates on June 30, 2018.
Enrollment in MHIP, including re-enrollment of former enrollees, must be closed as of December 31, 2013. The date on which MHIP coverage will no longer be provided must be no earlier than January 1, 2014, and no later than January 1, 2020.
MHBE, in consultation with the Maryland Health Care Commission (MHCC), and with the approval of the Insurance Commissioner, is authorized to establish a State Reinsurance Program on or after January 1, 2014. The purpose of the program is to mitigate the impact of high-risk individuals on rates in the individual insurance market inside and outside the exchange. Funding for the program is authorized from the portion of the hospital assessment transferred to the MHBE Fund, which currently is used to fund MHIP. Federal approval to use the hospital assessment currently used to fund MHIP for this new purpose may be required.
On request, a receiving carrier or MCO must accept a preauthorization from a relinquishing carrier, MCO, or third-party administrator (TPA) for treatment for covered services for the lesser of the course of treatment or 90 days and for the duration of a pregnancy and the initial postpartum visit. At the request and with the consent of an enrollee, these entities must provide a copy of a preauthorization to the receiving carrier or MCO within 10 days of receipt of the request. Carriers and MCOs may perform their own utilization review at the end of this period.
Also on request, carriers and MCOs must, for certain specified conditions, allow nonparticipating providers to continue health care services for the lesser of the course of treatment or 90 days and for the duration of a pregnancy and the initial postpartum visit. Eligible conditions include acute or serious chronic conditions, pregnancy, mental health conditions, substance use disorders, and any other agreed-upon condition. Any other agreed-upon condition was included in the legislation at the request of Johns Hopkins. The receiving carrier or MCO must pay the nonparticipating provider the rate and use the method of payment the carrier or MCO would normally pay and use for similar participating providers. The nonparticipating provider may decline the rate or method by giving 10 days' prior notice to the enrollee and the receiving carrier. For both health care and dental services, an enrollee is not subject to balance billing, and cost sharing for an enrollee may not exceed the cost sharing that would apply if the enrollee were receiving the services from a participating provider. With respect to benefits covered under Medicaid fee-for-service (FFS), the continuity-of-care requirements do not apply to an enrollee transitioning from a carrier to Medicaid but do apply when an enrollee is transitioning from Medicaid to a carrier, but only for behavioral health and dental benefits authorized by a TPA. Continuity-of-care requirements apply to contracts issued or renewed on or after January 1, 2015.
Carriers that offer only student health plans are exempt from the requirement to offer a health plan in the exchange.
The bill also authorizes the Secretary of Health and Mental Hygiene to provide grants to the state's designated health information exchange (HIE) for the development and effective operation of the state's HIE.
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HB0360 Health Insurance - Repeal of Obsolete Provisions of Law HB 360 repeals obsolete provisions of law, including provisions authorizing health maintenance organizations to offer a benefit package that provides specified limited benefits. It also repeals provisions of law authorizing 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 and Implementation of Federal Patient Protection and Affordable Care Act HB 361 alters state insurance law to conform to the federal Patient Protection and Affordable Care Act and corresponding federal regulations adopted by the federal Centers for Medicare & Medicaid Services. The majority of the bill's provisions take effect January 1, 2014. Provisions establishing Small Business Health Options Program navigator fees, specifying open enrollment period requirements, and repealing the termination date on a provision of law relating to health insurance for self-employed individuals take effect June 1, 2013. Effective Date: Various SB0769 Health Benefit Plans - Proposed Rate Increases - Notice to Insureds SB 769 requires health insurance carriers that file a proposed rate increase for a health benefit plan with the Maryland Insurance Commissioner to send a notice to insureds affected by the proposed rate increase. The notice may be sent electronically. There will be a 30 day comment period for the insureds to comment on the rate increase. Effective Date: October 1, 2013 [GO TO TOP] [GO TO BILL LIST]
Legislation passed that will require the Department of Health and Mental Hygiene (DHMH) and the Maryland Department of Environment (MDE) to convene a workgroup to study potential cancer clusters (SB 380/HB 1343) within the state. Members of the workgroup will include representatives of academic medical centers, advocates for cancer patients, legislators, scientist, and environmentalists among others. A report will be provided on their findings to the General Assembly by June 30, 2014.
Legislation passed which will create a State Brain Injury Trust Fund (SBITF) (SB 632) for the purpose of assisting in the provision of specified services to eligible individuals who have sustained brain injuries. The bill languished for some time as there was no money in the state budget for the fund, however, in the last days of session, the Governor allocated just enough funding, ($500,000 in FY 2014 and $577,600 in FY 2015) to allow for DHMH to hire one full-time administrator to assist with the administration of the fund. It is anticipated that downstream funding will be fulfilled with federal grants.
Legislation failed to create the Healthy Maryland Initiative (HB 683) to ensure that tobacco cessation programs receive at least $21 million in annual funding beginning in FY 2015 and support specified health care programs. The initiative would have been funded by a $1 increase to the tobacco tax.
Over the last five years, radiology practices have spearheaded legislation to allow them to self-refer to radiology machines in which they have a financial interest. Current law prohibits this practice and such legislation has not garnered much support in the past. This year the proponents instead introduced a bill that would have required DHMH to conduct a study of the ordering of magnetic resonance imagining (MRI) services (HB 536) by physicians in non-radiology group practices that previously owned or leased an MRI machine and referred patients for in-office MRI scans. Similarly, this bill failed.
Please find details on relevant bills which passed below:
HB0245 Family Law - Substance-Exposed Newborns HB 245 establishes that a newborn is "substance-exposed" if the newborn displays: (1) a positive toxicology screen for a controlled drug as evidenced by any appropriate test after birth; (2) the effects of controlled drug use or symptoms of withdrawal resulting from prenatal controlled drug exposure as determined by medical personnel; or (3) the effects of a fetal alcohol spectrum disorder. A newborn is also "substance-exposed" if the newborn's mother had a positive toxicology screen for a controlled drug at the time of delivery. A "newborn" is a child younger than the age of 30 days who is born or receives care in the state. A "controlled drug" means a controlled dangerous substance included in Schedule I through Schedule V as established under Title 5, Subtitle 4 of the Criminal Law Article. Effective Date: October 1, 2013 SB0334/HB0312 Mammograms - Dense Breast Tissue - Notification SB 334/HB 312 requires a center where mammography testing is performed to include, in a screening results letter that is sent to the patient as required by federal law, a certain notice regarding dense breast tissue. Effective Date: October 1, 2013 SB0380/HB1343 Department of Health and Mental Hygiene - Workgroup on Cancer Clusters and Environmental Causes of Cancer SB 380/HB 1343 requires the Department of Health and Mental Hygiene (DHMH), in consultation with the Maryland Department of the Environment (MDE), to convene a workgroup to examine issues relating to the investigation of potential cancer clusters in the state and potential environmental causes of cancer. DHMH must report to the Governor and the General Assembly on the workgroup's findings by June 30, 2014. The bill takes effect July 1, 2013. Effective Date: July 1, 2013 SB0610 Health - Overdose Response Program - Establishment SB 610 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 SB0679/HB0690 Virginia I. Jones Alzheimer's Disease and Related Disorders Council SB 679/HB 690 establishes Alzheimer's Disease and Related Disorders Council. The Council shall continue the work initiated by the Maryland Alzheimer's Disease and Related Disorders Commission, including state plan strategies actions that: (1) support prevention and early detection of Alzheimer's Disease and related disorders; (2) address chronic disease factors contributing to disparities in Alzheimer's Disease; and (3) enhance the quality of care and support services for individuals living with Alzheimer's Disease. Effective Date: October 1, 2013 SB0776/HB0934 Telemedicine Task Force - Maryland Health Care Commission SB 776/HB 934 re-establishes the task force created under the auspices of the Maryland Health Quality Council. In conjunction with the Maryland Health Care Commission, this task force is charged to: identify opportunities to use telehealth to improve health status and health care delivery in the state, analyze factors related to telehealth (to include: use of electronic health records and the health information exchange, multimedia, health professional productivity, resources and shortages, emerging technology and standards for security, and grant funding), collaborate with telehealth roundtables and the Maryland Rural Council, and make recommendations surrounding the use of telehealth. The recommendations are to include: improving healthcare affordability, accessibility, and quality; developing a model for statewide telehealth infrastructure, service, and access; utilizing private and public grant funding; providing workforce training; and improving public health. Effective Date: July 1, 2013 [GO TO TOP] [GO TO BILL LIST]
A bill introduced to eliminate program approval fees which are paid to the Maryland Higher Education Commission (MHEC) in order to apply for the establishment of a new program failed. MHEC is still authorized to assess certification fees in addition to program approval fees.
A bill introduced to extend the period of time given to MHEC to approve or deny a new program failed. The bill would have altered the statutory timeline from 30 calendar days to 30 business days, increasing the total allowable approval timeline by about one-third. This bill was identified as an attempt to deal with staffing shortfalls at MHEC.
Similar, but not identical, bills introduced to protect student electronic privacy failed. The bills would have restricted the circumstances under which an institution of higher education could access a student's email or "personal electronic account", and forbid the institution from penalizing any student in any way (specifically naming such examples as denying admittance to the school or participation in extracurricular activities) for refusing to share their electronic account log-in information.
Please find details on relevant bills which passed below:
HB1342 Maryland Longitudinal Data System - Governing Board and Data Transfers HB 1342 requires all private non-profit institutions of higher education that receive state funds to transfer student-level enrollment data, degree data, financial aid data, and credit data for all students to the Maryland Longitudinal Data System (MLDS) in accordance with the data security and safeguarding plan. The bill establishes that for-profit and private non-profit institutions, including the Maryland Independent College and University Association (MICUA), are not liable for a breach of confidentiality or for a disclosure, use, retention, or destruction of student-level data transferred in accordance with the data security and safeguarding plan to MLDS that results from an act or omission by the MLDS Center, a state agency, or a person provided access by the Center or state agency. The bill also adds the President of MICUA, or the President's designee, to the governing board of the Center. Effective Date: October 1, 2013 [GO TO TOP] [GO TO BILL LIST]
SB0083 Department of Aging - Aging and Disability Resource Center Program - Maryland Access Point SB 83, a departmental bill, codifies the establishment of the Aging and Disability Resource Center Program (ADRC) - known as the "Maryland Access Point" (MAP) - in the Maryland Department of Aging (MDoA). The bill specifies that the program is the State's ADRC for purposes of the federal Older Americans Act. Effective Date: October 1, 2013 [GO TO TOP] [GO TO BILL LIST]
The bills aimed to: provide protections for both patients and providers for full disclosure and transparent discussions within the context of early intervention programs (HB 1265/SB 835); create mandatory structured settlements for large awards of over $1 million (HB1114/SB 836); change the statutory post judgment interest rate to better reflect prevailing interest rates (HB 1316/SB 771); and update the definition of health care provider for noneconomic damages cap protection (HB 1310/SB 834).
While none of the bills were successful, the definition of health care provider bill was the first medical liability legislation to pass either chamber since 2004. Our office will be working over the interim to use what has been learned from this session and regroup in anticipation for the 2014 legislative session.
Please find details on relevant bills which passed below:
HB0697 Courts and Judicial Proceedings - Maryland Mediation Confidentiality Act - Applicability HB 697 will alter the scope of the Maryland Mediation Confidentiality Act to apply to a mediation in which: the parties are required to mediate by law; the parties are referred to mediation by an administrative agency or arbitrator; or the mediator states in writing to any and all parties and potential parties that; the mediation communications will remain confidential; and the mediator has read and will abide by the Maryland standard of conduct for mediators. The parties and mediator by written and signed agreement may agree to exclude all or part of the mediation communications from these requirements. Effective Date: October 1, 2013 [GO TO TOP] [GO TO BILL LIST]
Please find details on relevant bills which passed below:
SB0267/HB0116 Courts and Judicial Proceedings - Interception of Communications - Abuse or Neglect of Vulnerable Adult and Medicaid Fraud SB 267/HB 116 adds abuse or neglect of a vulnerable adult and offenses relating to Medicaid fraud to those crimes for which specified evidence may be gathered by, and a judge may grant an order authorizing, interception of oral, wire, or electronic communications. Effective Date: October 1, 2013 SB0281 Firearm Safety Act of 2013 SB 281 contains three major components: (1) gun safety; (2) mental health safeguards and services; and (3) school safety measures. The gun safety measures make Maryland's laws the most stringent in the nation. The Act bans military style assault weapons; limits magazine capacity to 10 rounds (previously 20); requires licensing, fingerprinting, and safety training to purchase a handgun; makes it a crime to use armor-piercing bullets in a crime of violence; requires reporting to law enforcement of lost or stolen firearms; bars persons who receive probation before judgment for violent crimes from possessing firearms; establishes a single automated gun application process between gun dealers and the Maryland State Police; and prohibits persons who cannot lawfully possess firearms from possessing ammunition. Effective Date: October 1, 2013 [GO TO TOP] [GO TO BILL LIST]
Bills to authorize a pharmacist to substitute a biosimilar biological product (SB 781) for a prescribed biological reference product and would have allowed patients to choose the pharmacy they would like to utilize for specialty pharmacy (SB 928) failed. However, the specialty pharmacy bill has been referred to summer study which will likely result in successful legislation during the 2014 session.
Please find details on relevant bills which passed below:
SB0080 Public Health - Prescription Drug Monitoring Program - Disclosure of Prescription Monitoring Data SB 80, a departmental bill, adds the Division of Drug Control (DDC) to the list of entities to which the Prescription Drug Monitoring Program (PDMP) must disclose prescription monitoring data. Data must be disclosed, on approval of the Secretary of Health and Mental Hygiene, for the purpose of furthering an existing bona fide individual investigation. Effective Date: October 1, 2013 SB0595 State Board of Pharmacy - Wholesale Distribution - Pharmacies SB 595/HB 591 will limit the authority of a pharmacy permit holder to engage in wholesale distribution. Effective Date: October 1, 2013 [GO TO TOP] [GO TO BILL LIST]
In addition to advocating for increased research funding, in recent years we have also focused our advocacy efforts on policy bills that have aimed to redirect funds from academic research institutions to for-profit biotechnology companies. In addition to bills to redirect funds, bills were introduced this year to significantly alter the reporting requirements for state research stem cell grant dollars and created new research grant programs increased the attempts to further complicate and restrict state research funding for academic medical centers. Due to our efforts these bills were not successful.
Legislation failed that would have required the Maryland Stem Cell Research Fund (SB 368) to include in its annual report additional information on each grant award recipient in an attempt to provide more government transparency. The report would have required information on the institution or company where each grant or loan recipient is employed; the year each grant or loan was awarded; the grant or loan number assigned to each award; the amount of money awarded to each grant or loan recipient; and, if the funding period of a grant or loan recipient's award ended during the calendar year covered by the report, a general summary of the results and accomplishments of the state-funded research. The summary must meet the standards established by NIH for public disclosure; must include the number of patients treated as a result of the research; and may exclude proprietary or confidential information that would jeopardize intellectual property of the grant or loan recipient. The Stem Cell Research Commission received 171 applications for funding in FY 2013, and Johns Hopkins will receive 24 of the 31 grants awarded.
Legislation failed that would have created a program within TEDCo to provide grants and loans to public and private entities to fund the development of treatment and cures for sickle cell disease (SB 384). TEDCo will develop a competitive application process, criteria, and procedures for awarding grants. Priority for awards will be given to projects that use bone marrow or umbilical cord blood and are most likely to result in a treatment or cure for sickle cell.
Legislation that aimed to remove money allocated to the Cigarette Restitution Fund (CRF) (HB 948/SB 708) to for-profit biotechnology companies for research failed. This was a reintroduction of a bill introduced last session to take the money from academic medical centers, this year the bill would have taken $1,000,000 from CRF Medicaid money dollars. Again the bill was spearheaded by Montgomery County based for-profit biotechnology companies.
Please find details on relevant bills which passed below:
HB0386 Income Tax Credit - Qualified Research and Development Expenses - Credit Amounts and Small Business Refund HB 386 defines "small business" as it relates to a refund in connection with a credit against the state income tax for research and development expenses incurred by an individual or corporation. Small business means a for-profit corporation, LLC, partnership, or sole proprietorship with net book value assets totaling less than $5 million per year. Effective Date: June 1, 2013 SB0109 Criminal Law - Cannabimimetic Agents - Prohibition SB 109 codifies "cannabimimetic agents" to the state's list of Schedule I controlled dangerous substances. "Cannabimimetic agents" are defined as substances that are cannabinoids receptor type 1 (CB1 receptor) agonists as demonstrated by binding studies and functional assays within one of several specified structural classes. The bill also specifically lists several chemical substances that are considered cannabimimetic agents. Effective Date: October 1, 2013 [GO TO TOP] [GO TO BILL LIST]
HB1515 Transportation Infrastructure Investment Act of 2013 HB 1515 is an administration bill increasing transportation funding by raising various transportation-related taxes and fees, and creating protections against raids on the state's Transportation Trust Fund (TTF). The bill raises motor fuel taxes, raises MTA base fares, and raises the annual vehicle registration fee surcharge. The motor fuel taxes will be indexed to inflation. The state will also levy a 1% sales and use tax rate on fuel, in addition to the existing fuel taxes. These changes take effect on July 1, 2014. The sales and use tax will increase to 2% on January 1, 2015 and to 3% on July 1, 2015. If federal legislation allowing expansion of on-line sales tax collections passes, the sales and use tax will be capped. If federal legislation fails, the sales and use tax will increase to 5%. MTA base fare prices and multiuse passes, except commuter rail and commuter bus service, will increase based on a specified biennial increase in the Consumer Price Index. Vehicle registration fee surcharges will increase from $13.50 to $17.00. The bill also prohibits the transfer or diversion of funds from the TTF to the state's general fund or a special fund, unless the transfer or diversion is approved through legislation passed by a super-majority of the committees with jurisdiction and then enacted into law. Effective Date: Various SB0829 Transportation Trust Fund - Use of Funds SB 829 proposes an amendment to the Maryland Constitution that would require Transportation Trust Fund (TTF) funds to be used only to pay the principal and interest on transportation bonds and for any lawful purpose related to construction and maintenance of transportation projects. The bill creates exceptions to that requirement if the Governor, by executive order, declares a fiscal emergency and the General Assembly approves legislation by super-majority vote concurring with the use or transfer of funds. The proposed amendment will go before the voters for ratification in the 2014 general election. Effective Date: Constitutional Amendment [GO TO TOP] [GO TO BILL LIST]
Many bills were introduced that aimed to make the employment laws more restrictive for employers. The following bills failed:
SB0012 Labor and Employment - Leave - Deployment of Family Members in the Armed Forces SB 12 requires employers, including the state and local governments, to allow an employee to take leave from work on the day that an immediate family member is leaving for or returning from active military duty outside the United States. "Immediate family members" is defined as a spouse, parent, stepparent, child, stepchild, or sibling. Employers may not require an employee to use accrued compensatory, sick, or vacation leave for this purpose. Employers may require the employee to submit proof that the leave is being taken in accordance with the bill. Effective Date: October 1, 2013 SB0757/HB0795 Maryland Occupational Safety and Health Act - Discrimination Against Employee - Complaints SB 757/HB 795 authorizes an employee who believes that an employer or other person has discharged or otherwise discriminated against the employee in violation of the Maryland Occupational Safety and Health Act to submit an oral complaint to the Commissioner of Labor and Industry. Effective Date: October 1, 2013 SB0784/HB0804 Employment Discrimination - Reasonable Accommodations for Disabilities Due to Pregnancy SB 784/HB 804 requires an employer to explore reasonable accommodations for an employee that has a disability caused or contributed to by pregnancy if a reasonable accommodation is requested by the employee. Employers are also required to transfer an employee to a less strenuous or less hazardous position for a specified period of time under specified circumstances. Authorizes an employer to require an employee to provide certification from the employee's health care provider under specified conditions. Requires an employer to post information on an employee's right to reasonable accommodations or leave for a disability caused or contributed to by pregnancy. Effective Date: October 1, 2013
While there was no legislation related to the integration of Medicaid-financed mental health, substance abuse and somatic care services, there were several hearings and workgroup meetings relating DHMH's proposal to carve substance abuse services out of the HealthChoice program. Subsequently, DHMH indicated that it does not plan to change the delivery of behavioral health services until January 2015, and the budget committees amended the budget bill to require DHMH to submit a detailed report on plans to move forward with behavioral health integration.
As amended by the Senate, the effort to reform delivery of mental health services (SB 1040) would modify the standards of involuntary admissions of individuals with mental disorders. The standard would have been changed to allow for involuntary inpatient hospital treatment when an individual is reasonably expected, in the foreseeable future, to present a danger to the life or safety of the individual or of others. This change would have allowed for treatment before a patient deteriorates to the level of being imminently dangerous. While the bill passed the Senate unanimously, opposition from DHMH, the ACLU and the Mental Health Association, precluded its passage out of the House Health and Government Operations Committee. DHMH will be forming a task force to evaluate this issue in greater detail.
Legislation passed that will create an overdose response program (HB 890/SB 610) that will license individuals to administer naloxone to an individual experiencing an overdose. Legislation was also successful that will codify the existing Virginia I. Jones Commission on Alzheimer's Disease and Related Disorders (SB 679) that was established by executive order in 2011.
Bills failed that aimed to create a Mental Health Safety Net (HB 1245/SB 822) by eliminating gaps in the state's mental health, substance disorder, and behavioral health safety net. A bill also failed that would have established a Mental Health and Law Enforcement Advisory Board (HB 1377/SB 956) to make recommendations regarding the establishment of a Maryland Criminal Justice and Behavioral Health State Technical Assistance Center.
Economic Development
Please find details on relevant bills which passed below:
Signed by the Governor on April 9, 2013; Chapter #5.
For more information, please contact: Patrick Murray
Signed by the Governor on 5/2/2013; Chapter #390.
For more information, please contact: Patrick Murray
Signed by the Governor on 4/9/2013; Chapter #150.
For more information, please contact: Patrick Murray
General Business
Legislation passed to create the Maryland Employment Advancement Right Now (EARN) Program (HB 227/SB 278) and will require state administrative agencies related to employment and economic development to provide competitive grants for job readiness and skills training. The bill directs the EARN program to have a state employment advancement strategy, and a "Train Maryland" website to promote available training programs.
Signed by the Governor on 5/2/2013; Chapter #175.
For more information, please contact: Delora Sanchez
SB 278 - Signed by the Governor on April 9, 2013; Chapter #1.
HB 227 - Signed by the Governor on April 9, 2013; Chapter #2.
For more information, please contact: Delora Sanchez
SB 779 Signed by the Governor on 4/9/2013; Chapter #75.
HB 328 Signed by the Governor on 4/9/2013; Chapter #76.
For more information, please contact: Delora Sanchez
General Education
Though several requests for curriculum mandates were introduced, only a study on alternatives to the General Educational Development (GED) test and the College and Career Readiness and College Completion Act passed.
Signed by the Governor on April 9, 2013; Chapter #4.
For more information, please contact: Delora Sanchez
Signed by the Governor on 5/2/2013; Chapter #372.
For more information, please contact: Delora Sanchez
Signed by the Governor on 4/9/2013: Chapter #141.
For more information, please contact: Delora Sanchez
Signed by the Governor on 5/2/2013; Chapter #417.
For more information, please contact: Delora Sanchez
SB 143 Signed by the Governor on 5/2/2013; Chapter #187.
HB 983 Signed by the Governor on 5/2/2013; Chapter #188.
For more information, please contact: Delora Sanchez
SB 422 - Signed by the Governor on 5/2/2013; Chapter #261.
HB 667 - Signed by the Governor on 5/2/2013: Chapter #262.
For more information, please contact: Delora Sanchez
Signed by the Governor on 5/16/2013; Chapter #533.
For more information, please contact: Delora Sanchez
Signed by the Governor on 5/2/2013; Chapter #336.
For more information, please contact: Delora Sanchez
Health Care Administration & Facilities
Maryland submitted an application to the Centers for Medicare and Medicaid Services to modernize Maryland's all-payor waiver. Several committees requested hearings regarding the State's application in response to the hearings, several bills were introduced regarding Maryland's waiver application, all of the bills failed to pass. These bills would have required the General Assembly to approve any waiver modification and create task forces to study the economic and patient care impacts of the proposal.
HB 986- Signed by the Governor on 5/2/2013; Chapter #397.
For more information, please contact: Delora Sanchez
Signed by the Governor on 5/2/2013; Chapter #398.
For more information, please contact: Nicki McCann
Signed by the Governor on 5/2/2013; Chapter #193.
For more information, please contact: Nicki McCann
Signed by the Governor on 5/2/2013; Chapter #280.
For more information, please contact: Sheila Higdon
Signed by the Governor on 5/2/2013; Chapter #287.
For more information, please contact: Delora Sanchez
SB 624 Signed by the Governor on 5/2/2013; Chapter #300.
HB 942 Signed by the Governor on 5/2/2013; Chapter #301.
For more information, please contact: Delora Sanchez
Signed by the Governor on 5/2/2013; Chapter #324.
For more information, please contact: Sheila Higdon
Signed by the Governor on 5/2/2013; Chapter #328.
For more information, please contact: Nicki McCann
Health Care Occupations
Every session numerous bills are debated regarding the licensure and scope of practice of various health occupations. There were several bills regulating the practice of midwifery that either failed or were withdrawn. Bills of interest that passed include:
Signed by the Governor on 5/2/2013; Chapter #391.
For more information, please contact: Nicki McCann
Signed by the Governor on 5/2/2013; Chapter #393.
For more information, please contact: Delora Sanchez
Hospitals successfully amended the bill to instead authorize the Board, in consultation with all interested parties, to adopt regulations to define both the changes in employment or privileges, as well as the actions by licensees, that are grounds for discipline that must be reported by hospitals and alternative health systems to the Board.
Signed by the Governor on 5/2/2013; Chapter #401.
For more information, please contact: Nicki McCann
Signed by the Governor on 5/2/2013; Chapter #404.
For more information, please contact: Nicki McCann
SB 338 - Signed by the Governor on 5/2/2013; Chapter #232.
HB 425 - Signed by the Governor on 5/2/2013; Chapter #233.
For more information, please contact: Nicki McCann
For adults, a pharmacist may administer a vaccination listed in CDC's recommended immunization schedule or Health Information for International Travel if the vaccination is administered under a written protocol that is both vaccine specific and meets criteria established in regulation by DHMH, in consultation with the boards of pharmacy, physicians, and nursing. A prescription is not required to administer these vaccinations to an individual age 18 or older.
The bill repeals the requirement that pharmacists report any influenza vaccination administered to an individual age 9 to 18 to the Maryland Immunization Registry. Instead, a pharmacist must report all vaccinations administered to ImmuNet. If the vaccination is administered in accordance with a prescription, pharmacists must document at least one effort to inform the authorized prescriber that the vaccination was administered. If the authorized prescriber is not the individual's primary care provider or the vaccination is not administered in accordance with a prescription, pharmacists must document at least one effort to inform the individual's primary care provider or other usual source of care that the vaccination was administered. Pharmacists are not required to inform an individual's primary care provider or other usual source of care about the administration of an influenza vaccination.
The bill also repeals the requirement that the boards of pharmacy, physicians, and nursing meet annually to jointly develop, adopt, and review regulations to provide for patient safety regarding vaccinations administered by pharmacists.
The Secretary of Health and Mental Hygiene is required to study the feasibility and desirability of requiring all health care providers who administer vaccinations to report the vaccinations to ImmuNet. By January 1, 2014, the Secretary must submit the findings and recommendations of the study to the Senate Education, Health, and Environmental Affairs Committee and the House Health and Government Operations Committee.
SB 401 - Signed by the Governor on 5/2/2013; Chapter #255.
HB 179 - Signed by the Governor on 5/2/2013; Chapter #256.
For more information, please contact: Nicki McCann
SB 460 - Signed by the Governor on 5/2/2013; Chapter #273.
HB 723 - Signed by the Governor on 5/2/2013; Chapter #274.
For more information, please contact: Nicki McCann
SB 501 - Signed by the Governor on 5/2/2013; Chapter #281.
HB 624 - Signed by the Governor on 5/2/2013; Chapter #282.
For more information, please contact: Nicki McCann
A badge or other form of identification is not required to be worn if the patient is being seen in the office of a health care practitioner who is a solo practitioner and the name and license of the health care practitioner can be readily determined by the patient from a posted license or sign in the office.
Signed by the Governor on 5/16/2013; Chapter #491.
For more information, please contact: Nicki McCann
SB 580 - Signed by the Governor on 4/9/2013; Chapter #61.
HB 180 - Signed by the Governor on 4/9/2013; Chapter #62.
For more information, please contact: Delora Sanchez
Signed by the Governor on 5/16/2013; Chapter #582.
For more information, please contact: Delora Sanchez
SB 951 Signed by the Governor on 5/16/2013; Chapter #585.
HB 879 Signed by the Governor on 5/16/2013; Chapter #586.
For more information, please contact: Nicki McCann
SB 954 Signed by the Governor on 5/16/2013; Chapter #687.
HB 980 Signed by the Governor on 5/16/2013; Chapter #588.
For more information, please contact: Nicki McCann
Health Care Reform
The Maryland Health Progress Act of 2013 (HB 228/SB 274) is the legislation passed to finalize Maryland's implementation of federal health care reform under the federal Patient Protection and Affordable Care Act (ACA). The Maryland bill expands Medicaid eligibility, establishes a dedicated funding stream for the Maryland Health Benefit Exchange (MHBE) from the insurance premium tax on health insurers, provides for the transition of Maryland Health Insurance Plan (MHIP) enrollees into MHBE, establishes a State Reinsurance Program, and establishes continuity-of-care requirements. Although the bill takes effect June 1, 2013, there are exceptions. Medicaid provisions and the exception from the requirement to offer health benefit plans in the exchange (for carriers that only offer student health plans) take effect January 1, 2014; the continuity-of-care requirements take effect January 1, 2015. Specific provisions include:
Health Insurance/Health Care Access
Please find details on relevant bills which passed below:
Signed by the Governor on 5/2/2013; Chapter #106.
For more information, please contact: Nicki McCann
Signed by the Governor on 5/2/2013; Chapter #368.
For more information, please contact: Nicki McCann
Signed by the Governor on 5/2/2013; Chapter #318.
For more information, please contact: Nicki McCann
Health, General/Public/Environmental
Legislation was passed to create the narrowest medical marijuana program in the nation by 2016. The bill will restrict distribution of medical marijuana to academic medical centers (AMC) within the state and create an independent commission within the Department of Health and Mental Hygiene (DHMH). The commission will review and grant or deny applications from AMC to operate a program; authorize growers to operate in the state; and monitor/oversee approved programs. To date, no AMC has expressed interest in applying to run a medical marijuana program. At his discretion the Governor may suspend the implementation of the bill if it is determined that state employees involved with the bill's implementation will be charged in violation of federal law. If a state employee is charged and incurs counsel fees, the employee will be eligible for reimbursement for legal fees. Legislation also passed that extends the affirmative defense of medical necessity to caregivers of patients (HB 180/SB 580) with a debilitating medical condition if the caregiver is charged with the possession of marijuana that was obtained for the patient with a debilitating condition. Broader legislation to allow AMCs, physicians, pharmacies, and centers to distribute medical marijuana was unsuccessful.
A health care practitioner involved in the delivery or care of a substance-exposed newborn must make an oral report to the local department as soon as possible and follow with a written report no later than 48 hours after the contact, examination, attention, treatment, or testing that prompted the report. If the substance-exposed newborn is in the hospital or birthing center, a health care practitioner must instead notify and provide the information to the head of the institution or that person's designee.
A health care practitioner is not required to make a report if the health care practitioner: (1) has knowledge that the head of an institution or the designee of the head or another individual at that institution has made a report regarding the newborn; (2) has verified that, at the time of delivery, the mother was using a controlled substance as currently prescribed for the mother by a licensed health care practitioner; or (3) has verified that, at the time of delivery, the presence of the controlled substance was consistent with a prescribed medical or drug treatment administered to the mother or the newborn.
The Maryland Hospital Association worked with the Department of Human Resources prior to the bill's introduction to ensure the reporting requirements were not onerous.
Signed by the Governor on 4/9/2013; Chapter #90.
For more information, please contact: Nicki McCann
This requirement does not apply if the federal Mammography Quality Standards Act of 1992 or regulations adopted under the Act require a notice regarding breast density to be included in the screening results letter that is sent to a patient. Furthermore, the bill may not be construed to require a notice that is inconsistent with the act or create a standard of care, obligation, or duty that provides a basis for a cause of action beyond the duty to provide the required notice.
The notice shall state: "This notice contains the results of your recent mammogram, including information about breast density. If your mammogram shows that your breast tissue is dense, you should know that dense breast tissue is a common finding and is not abnormal, with about half of women having dense or highly dense breasts. However, dense breast tissue can make it harder to find cancer on a mammogram and may also be associated with an increased risk of cancer. This information about the result of your mammogram is given to you to raise your awareness and to inform your conversations with your physician. Together, you can decide which screening options are right for you based on your mammogram results, individual risk factors, or physical examination. A report of your results was sent to your physician."
SB 334 Signed by the Governor on 5/16/2013; Chapter #426.
HB 312 Signed by the Governor on 5/16/2013; Chapter #457.
For more information, please contact: Nicki McCann
SB 380 - Signed by the Governor on 5/2/2013; Chapter #248.
HB 1343 - Signed by the Governor on 5/2/2013; Chapter #249.
For more information, please contact: Delora Sanchez
Signed by the Governor on 5/2/2013; Chapter #299.
For more information, please contact: Delora Sanchez
SB 679 Signed by the Governor on 5/2/2013; Chapter #305.
HB 690 Signed by the Governor on 5/2/2013; Chapter #306.
For more information, please contact: Delora Sanchez
In addition to the members already appointed to the task force, the bill requires the appointment of a member of the Senate and a member of the House of Delegates, each of whom will co-chair the task force. An interim report is due in January 2014, and a final report is due by December 2014.
SB 776 Signed by the Governor on 5/2/2013; Chapter #319.
HB 934 Signed by the Governor on 5/2/2013; Chapter #320.
For more information, please contact: Sheila Higdon
Higher Education/Financial Aid
The operating budget generously funds higher education in FY 2014. However, most of the policy initiatives undertaken by the legislature failed. Bills to prohibit the possession of a deadly weapon on the campus of an institution of higher education failed. Legislation introduced to mandate the use of a financial summary sheet, (a.k.a. "student shopping sheet") by all institutions of higher education in the state received an unfavorable vote in Senate committee.
Signed by the Governor on 5/16/2013; Chapter #678.
For more information, please contact: Patrick Murray
Long Term Care
Please find details on relevant bills which passed below:
Signed by the Governor on 5/2/2013; Chapter# 178.
For more information, please contact: Nicki McCann
Medical Liability/Tort Reform
After three multimillion dollar verdicts were entered against hospitals in medical liability cases, a coalition of the largest hospital systems in the state (Johns Hopkins, MedStar Health, LifeBridge Health, and the University of Maryland Medical System) developed a legislative package of four bills to provide some relief in future medical liability cases.
Signed by the Governor on 5/16/2013; Chapter #634.
For more information, please contact: Delora Sanchez
Miscellaneous
Eighty one pieces of legislation was introduced to strengthen gun control laws or protect the rights of citizens' that own or plan to own guns this session. The most high-profile was the successful passage of legislation developed by the Governor, the Firearm Safety Act of 2013. The gun regulation debate was highly participatory. Hearings lasted hours as hundreds of citizens visited Annapolis to express their views.
SB 267 Signed by the Governor on April 9, 2013; Chapter #38.
HB 116 Signed by the Governor on April 9, 2013; Chapter #39.
For more information, please contact: Delora Sanchez
Mental health safeguards and services creates safeguards to keep guns away from people who may be dangerous to themselves or others due to mental illness; facilitates unprecedented levels of information sharing among federal and state partners for background checks; improves mental health services in Maryland; establishes a Center for Excellence on Early Intervention for serious mental illness; expands Maryland's Crisis Intervention Teams, Crisis Response Services, and Mental Health First Aid; and establishes a Department of Health and Mental Hygiene-led Task Force to Improve Continuity of Care for Individuals in the Community Mental Health System.
Finally, school safety measures dedicates $25 million of school construction dollars for school security enhancements; establishes a Maryland Center for School Safety; and ensures that the Maryland State Department of Education will work with the State Police to review all school district emergency plans to identify and address any gaps.
Signed by the Governor on 5/16/2013; Chapter #427.
For more information, please contact: Delora Sanchez
Pharmaceuticals
Lawmakers responded to local and national news coverage of drug shortages and investigations of compounding facilities by introducing legislation that would protect the state from similar problems. Legislation passed (with Johns Hopkins' support) which limits the ability of a pharmacy permit holder to engage in wholesale distribution (HB 591) by authorizing wholesale distribution only with another pharmacy permit holder. Our office successfully provided amendments to the legislation which allows hospital pharmacies to make returns to original wholesale distributors. A bill to regulate sterile compounding (HB 986/SB 896) passed after several iterations of amendments to make the bill palatable.
Signed by the Governor on 5/2/2013; Chapter #177.
For more information, please contact: Delora Sanchez
SB 595 Signed by the Governor on 5/2/2013; Chapter #298.
HB 591 Signed by the Governor on 5/16/2013; Chapter #621.
For more information, please contact: Delora Sanchez
Research/Human Subject
After several years of bills introduced to control the sale and distribution of cannabimietic agents, legislation passed that will place federally scheduled synthetic cannabinoid (SB 109) compounds on the Maryland schedule I controlled dangerous substances list. Cannabimimetic agents, also referred to as "synthetic marijuana" or "synthetic cannabinoids," are chemical substances that are not derived from the marijuana plant but are designed to affect the body in ways similar to THC, the primary psychoactive ingredient in marijuana. State Affairs has closely monitored legislation that aimed to place compounds on the Maryland list of scheduled substances that were not already federally scheduled. Scheduling compounds at the state level prior to their scheduling at the federal level will cause the School of Medicine to lose federal funding for research on those compounds. Seven additional bills were introduced to place synthetic cannabinoids on the schedule I controlled dangerous substances list in Maryland that were not already federally scheduled. They were unsuccessful.
The bill alters the amount of research and development credits that the Department of Business and Economic Development may approve in a calendar year from $3 million to $9 million; provides that specified unused credits may be claimed as a refund; and applying the Act to Maryland research and development tax credits certified after December 15, 2013.
Signed by the Governor on 4/9/2013; Chapter #109.
For more information, please contact: Patrick Murray
Signed by the Governor on 5/16/2013; Chapter 442.
For more information, please contact: Delora Sanchez
Transportation
Please find details on relevant transportation bills which passed below:
Signed by the Governor on 5/16/2013; Chapter #429.
For more information, please contact: Patrick Murray
Assigned a chapter number, enactment subject to constitutional referendum - Chapter #422.
For more information, please contact: Patrick Murray
Workplace Regulation
Legislation passed that will require employers, at an employee's request, to provide reasonable accommodations to the employee for a disability caused by or contributed to by pregnancy. Legislation passed that will require employers with 50 or more employees, including the state and local governments, to allow an employee to take leave from work on the day that an immediate family member is leaving for or returning from active military duty outside the United States. A bill to allow the Commissioner of Labor and Industry to take out a lien for unpaid wages on behalf of an employee against their employer passed. Legislation passed that will allow an employee to initially submit an oral complaint to the Commissioner followed by a signed written complaint within seven business days if the employee believes that an employer has discriminated against the employee on the basis of information gained through group medical coverage or because the employee filed a complaint, brought action, testified, or exercised rights under the Maryland Occupational Safety and Health (MOSH) Act (HB 795/SB 757).
Please find details on relevant bills which passed below:
Signed by the Governor on 5/2/2013; Chapter #163.
For more information, please contact: Delora Sanchez
SB 757 Signed by the Governor on 5/16/2013; Chapter #538.
HB 795 Signed by the Governor on 5/16/2013; Chapter #539.
For more information, please contact: Delora Sanchez
SB 784 Signed by the Governor on 5/16/2013; Chapter #547.
HB 804 Signed by the Governor on 5/16/2013; Chapter #548.
For more information, please contact: Delora Sanchez
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Annapolis, MD 21401
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| 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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