BILLS INTRODUCED

Behavioral Health


A bill to continue the process to carve substance abuse services out of the HealthChoice program beginning January 1, 2015 passed. Behavioral Health Administration – Establishment and Duties merges the Mental Health Administration with the Alcohol and Drug Abuse Administration. While Johns Hopkins did not have concerns with the merger of the two agencies, Johns Hopkins had serious concerns with the attempt to establish, in statute, the plan to administer Medicaid funded behavioral health services through a single Administrative Services Organization. Johns Hopkins was successful in amending this provision out of the bill; if the bill had remain as written, then the state could not delay or reverse the substance abuse carve out without the express approval of the legislature.

A bill to provide for the administration of medication to a hospitalized patient suffering from mental illness over the patient’s objection if the patient presents a danger to self or others if released from the hospital passed. Johns Hopkins was actively involved in ensuring the passage of this legislation that effectively addressed the Court of Appeals decision in Kelly v. DHMH, titled Mental Health – Approval by Clinical Review Panel of Administration of Medication – Standard. Under the existing standard established in Kelly, medication can only be administered if the patient presents a danger to self or others while hospitalized.

A bill to convene a group of interested parties to examine the issues of assisted outpatient treatment and involuntary commitment passed. There were several bills relating to mental health treatment including a bill to establish an assisted outpatient treatment program and a bill to provide for a statutory definition of dangerousness for purposes of involuntary commitment. These bills were merged to create the final legislation.

A bill that will help protect behavioral health providers by expanding exceptions to doctor-patient privilege passed. Exceptions will now include disclosures necessary to prove a charge in a criminal case against the patient or former patient related to harassment, threats, or other criminal acts against the psychiatrist or licensed psychologist. The exception also applies in peace order proceedings in which the psychiatrist or licensed psychologist is a petitioner and the patient or former patient is a respondent. The same is applied to communications between a client or former client and a psychiatric-mental health nursing specialist, professional counselor, or licensed certified social worker.

Please find details on relevant bills below:

SB84/HB488 Joint Committee on Access to Mental Health Services - Name Change

Changing the name of the Joint Committee on Access to Mental Health Services to the Joint Committee on Access to Behavioral Health Services; altering the duties of the Committee by requiring it to monitor access to specified behavioral health services and specified medically necessary services; and altering the information that must be included in a specified report to the Governor and the General Assembly.

SB 84 Signed by the Governor on 4/8/2014; Chapter #16.
HB 488 Signed by the Governor on ; Chapter #.

Effective Date: October 1, 2014
For more information, please contact: Nicole McCann

SB620/HB592 Mental Health - Approval by Clinical Review Panel of Administration of Medication - Standard

Altering the standard for approval by specified clinical review panels of the administration of specified medication to specified individuals with mental disorders admitted to specified facilities.

SB 620 Signed by the Governor on ; Chapter #.
HB 592 Signed by the Governor on 5/5/2014; Chapter #315.

Effective Date: October 1, 2014
For more information, please contact: Nicole McCann

SB882/HB1267 Department of Health and Mental Hygiene - Outpatient Services Programs Stakeholder Workgroup

Requiring the Secretary of Health and Mental Hygiene to convene a stakeholder workgroup to examine assisted outpatient programs, assertive community treatment programs and other specified outpatient services programs, to develop a specified proposal, and to evaluate a specified standard; requiring the Secretary to submit a report of the workgroup's findings and recommendations to specified committees of the General Assembly on or before November 1, 2014; etc.

SB 882 Signed by the Governor on ; Chapter #.
HB 1267 Signed by the Governor on 5/5/2014; Chapter #353.

Effective Date: July 1, 2014
For more information, please contact: Nicole McCann

HB1282 Public Health - Drug Overdose Deaths - Local Fatality Review Teams

Authorizing the establishment of a specified local drug overdose facility review team in each county; authorizing the establishment of a specified multicounty local team; providing for the composition, appointment of specified members, chair, and meetings of a local team; establishing that specified substance abuse treatment records are subject to additional limitations on disclosure or redisclosure; etc.

HB 1282 Signed by the Governor on ; Chapter #.

Effective Date: October 1, 2014
For more information, please contact: Nicole McCann

HB1510 Behavioral Health Administration - Establishment and Duties

Merging the Alcohol and Drug Abuse Administration and the Mental Hygiene Administration in the Department of Health and Mental Hygiene to establish the Behavioral Health Administration in the Department; establishing the responsibilities, powers, and duties of the Director of the Behavioral Health Administration; requiring substance use disorder programs and mental health programs to be licensed by the Secretary of Health and Mental Hygiene, with specified exceptions; repealing a specified prohibition; etc.

HB 1510 Signed by the Governor on 5/5/2014; Chapter #460.

Effective Date: July 1, 2014
For more information, please contact: Nicole McCann

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Economic Development


Two bills from the President of the Senate and Speaker of the House of Delegates’ innovation-driven economic development package passed. The presiding officers championed the creation of the Maryland E-Nnovation Initiative, which will provide state matching grants to support university endowments, and the creation of RISE Zones, designed to leverage the assets of anchor institutions for community and economic development, was another priority. Johns Hopkins University strongly supported both initiatives.

Please find details on relevant bills below:

SB600/HB742 Regional Institution Strategic Enterprise Zone Program

Establishing the Regional Institution Strategic Enterprise Zone Program; authorizing specified educational institutions meeting specified criteria to apply to the Secretary of Business and Economic Development to be designated as a qualified institution; requiring the Secretary to approve or reject an application for designation as a qualified institution within 90 days after the application is submitted; requiring county and municipal corporations to provide specified property tax credits to specified entities; etc.

SB 600 Signed by the Governor on ; Chapter #.
HB 742 Signed by the Governor on ; Chapter #.

Effective Date: June 1, 2014
For more information, please contact: Matt Greenwood

SB601/HB741 Business and Economic Development - Maryland E-Nnovation Initiative Program

Establishing a Maryland E-Nnovation Initiative Program; establishing a Maryland E-Nnovation Initiative Fund and a Maryland E-Nnovation Initiative Fund Authority in the Department of Business and Economic Development; requiring the Governor to include a specified appropriation in the annual budget bill for specified fiscal years; requiring a specified institution of higher education to deposit specified qualified donations into specified research endowments within a specified time period; etc.

SB 601 Signed by the Governor on ; Chapter #.
HB 741 Signed by the Governor on ; Chapter #.

Effective Date: July 1, 2014
For more information, please contact: Matt Greenwood

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General Business


A bill to expand false claims law failed. In 2010, after a compromise with the hospital industry, the False Health Claims Act was passed. This year a broader version of that law, the False Claims Act was reintroduced. The business community was opposed to the legislation which applied to all false claims made on all state contracts, would have permitted treble damages, allowed private citizens to file suit on behalf of the state for false claims and receive up to 25 percent of the recovery. Johns Hopkins monitored the bill to ensure that if passed, there could not be an instance where a claim would be filed under both the False Claims Act and the False Health Claims Act. The bill is likely to be reintroduced next session.

Please find details on relevant bills below:

HB668 Income Tax Credit - Health Enterprise Zones - Modifications

Allowing a specified Health Enterprise Zone employer a credit, in the amount of $10,000, against the State income tax for hiring a qualified position in a Health Enterprise Zone; requiring that the employer create at least one qualified position during a 24-month period; requiring the Department of Health and Mental Hygiene, in consultation with the Community Health Resources Commission, to give special consideration to specified applicants when certifying applications for specified tax credits; etc.

HB 668 Signed by the Governor on 5/5/2014; Chapter #417.

Effective Date: June 1, 2014
For more information, please contact: Delora Sanchez

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General Education


Bills relating to early childhood education, the Common Core State Standards (CCSS), the Partnership for Assessment of Readiness for College and Careers (PARCC), health and safety, students with disabilities, local school board compensation and selection, collective bargaining, and libraries were passed.

Several bills prohibiting the State Board of Education and local boards of education from establishing policies, or from taking any further action to implement Maryland College and Career Ready Standards (MCCRS) and CCSS failed. A bill requiring the Maryland State Department of Education (MSDE) to request a waiver from the United States Department of Education from certain provisions that require MSDE to administer Maryland School Assessments (MSAs) in spring 2014 failed.

Please find details on relevant bills below:

SB58/HB440 Education - School Vehicles - Authorized Riders

Prohibiting the driver of a school vehicle from allowing an individual who is not a student or school employee to board or ride on the school vehicle, subject to specified exceptions; and authorizing specified individuals to board or ride on a school vehicle under specified circumstances.

SB 58 Signed by the Governor on ; Chapter #.
HB 440 Signed by the Governor on 5/5/2014; Chapter #268.

Effective Date: October 1, 2014
For more information, please contact: Chelsea Beaupre

SB120 Education - Children With Disabilities - Parent Surrogates

Adding the Department of Labor, Licensing, and Regulation and the Department of Public Safety and Correctional Services to the list of public agencies required to request a local school system superintendent to appoint a parent surrogate to represent a child at any point in the educational decision making process if it is suspected that the child may be disabled; and requiring that, for specified purposes, efforts to identify specified parents be made and documented in a specified manner.

SB 120 Signed by the Governor on 4/14/2014; Chapter #136.

Effective Date: July 1, 2014
For more information, please contact: Chelsea Beaupre

SB282/HB242 Juvenile Law - Truancy Reduction Pilot Program - Kent County

Authorizing the Circuit Administrative Judge of the Second Circuit to establish a Truancy Reduction Pilot Program in the juvenile court in Kent County; and making specified provisions relating to a Truancy Reduction Pilot Program in specified counties applicable to Kent County.

SB 282 Signed by the Governor on 4/14/2014; Chapter #152.
HB 242 Signed by the Governor on ; Chapter #.

Effective Date: June 1, 2014
For more information, please contact: Chelsea Beaupre

SB332/HB297 Prekindergarten Expansion Act of 2014

Expanding prekindergarten services to specified 4-year-old children; establishing the Prekindergarten Expansion Grant Program; requiring the administration of the Program as a competitive grant program for specified providers; requiring a specified report on the aggregate estimated number of 3-year-old children and the subcategory that includes the estimated number of 3-year-old and 4-year old children from an economically disadvantaged background in each county in the State for the current school year and the next 5 school years; etc.

SB 332 Signed by the Governor on 4/8/2014; Chapter #2.
HB 297 Signed by the Governor on ; Chapter #.

Effective Date: June 1, 2014
For more information, please contact: Chelsea Beaupre

SB430 Libraries - Regional Resource Centers and County Public Libraries - Funding

Increasing the per capita dollar amount beginning in fiscal year 2016 that is required to be provided to each regional resource center and county public library system participating in the State's library program.

SB 430 Signed by the Governor on ; Chapter #.

Effective Date: July 1, 2014
For more information, please contact: Chelsea Beaupre

SB503/HB1366 Public Schools - Cardiopulmonary Resuscitation and Automated External Defibrillator Instruction (Breanna's Law)

Requiring a public school student to complete, as part of the health or physical education curriculum, instruction in cardiopulmonary resuscitation that includes hands-only cardiopulmonary resuscitation and the use of an automated external defibrillator, beginning with students entering grade 9 in the 2015-2016 school year; requiring each county board of education to provide specified instruction in every public school that enrolls students in any of the grades 9 through 12, beginning in the 2015-2016 school year; etc.

SB 503 Signed by the Governor on 4/14/2014; Chapter #175.
HB 1366 Signed by the Governor on 4/14/2014; Chapter #176.

Effective Date: July 1, 2014
For more information, please contact: Chelsea Beaupre

SB534/HB814 Education - State Grant to Counties With Small and Declining Student Enrollment

Establishing eligibility for a county board of education to receive a specified State grant; requiring a specified grant to be provided to eligible county boards in fiscal years 2015 through 2017 if the full-time enrollment is less than 5,000, less in the current fiscal year than in the prior fiscal year, and total direct education aid in the current fiscal year is less than the prior fiscal year by more than 1%; declaring the intent of the General Assembly that the impact of declining enrollment on small school districts be reviewed; etc.

SB 534 Signed by the Governor on ; Chapter #.
HB 814 Signed by the Governor on ; Chapter #.

Effective Date: June 1, 2014
For more information, please contact: Chelsea Beaupre

SB676/HB1167 Teachers and Principals - Performance Evaluation Criteria - Use of Student Growth Data

Renaming specified model performance evaluation criteria; prohibiting specified performance evaluation criteria from requiring the use of specified student growth data before the 2016-2017 school year; etc.

SB 676 Signed by the Governor on ; Chapter #.
HB 1167 Signed by the Governor on ; Chapter #.

Effective Date: June 1, 2014
For more information, please contact: Chelsea Beaupre

SB857/HB922 Physical Education and Athletic Programs for Students With Disabilities - Funding

Requiring the State Board of Education and specified county boards of education to ensure that specified types of physical education and athletic programs are funded in a specified manner; etc.

SB 857 Signed by the Governor on ; Chapter #.
HB 922 Signed by the Governor on ; Chapter #.

Effective Date: June 1, 2014
For more information, please contact: Chelsea Beaupre

SB876/HB811 Education - Summer Career Academy Pilot Program

Establishing the Summer Career Academy Pilot Program and identifying the purpose of the Program; requiring the State Department of Education to develop criteria for the selection of eligible school systems and eligible students for participation in the Program; authorizing the State Superintendent of Schools to select up to four school systems to participate in the Program; requiring a student selected to participate in the Program to be assigned a summer career counselor and to receive a stipend of up to $4,500; etc.

SB 876 Signed by the Governor on ; Chapter #.
HB 811 Signed by the Governor on ; Chapter #.

Effective Date: July 1, 2014
For more information, please contact: Chelsea Beaupre

HB265 Task Force to Study How to Improve Student Achievement in Middle School

Establishing the Task Force to Study How to Improve Student Achievement in Middle School; providing for the Task Force composition including the State Department of Education Deputy for Teaching and Learning and a specified representative of the Maryland PTA; providing for the Task Force chair and staffing; prohibiting a member of the Task Force from receiving specified compensation and authorizing the reimbursement of specified expenses; requiring the Task Force to study "A New Mission for the Middle Grades"; etc.

HB 265 Signed by the Governor on 4/14/2014; Chapter #220.

Effective Date: July 1, 2014
For more information, please contact: Chelsea Beaupre

HB427 Education - Maryland Sudden Cardiac Arrest Awareness Act

Requiring the State Department of Education, in collaboration with specified entities, to develop policies and to implement a program to provide awareness to coaches, school personnel, students, and parents or guardians of students on the risk of sudden cardiac arrest; requiring a county board of education to provide information and a notice to specified students and parents or guardians; requiring a student and parent or guardian to sign a specified statement; etc.

HB 427 Signed by the Governor on 5/5/2014; Chapter #403.

Effective Date: July 1, 2014
For more information, please contact: Chelsea Beaupre

HB812 Education - Middle Schools - Automated External Defibrillators

Altering a requirement that each county board of education develop and implement an automated external defibrillator program that meets specified requirements for high schools to include middle schools in the county.

HB 812 Signed by the Governor on ; Chapter #.

Effective Date: July 1, 2014
For more information, please contact: Chelsea Beaupre

HB883 Department of Health and Mental Hygiene - Study of Safe and Healthy School Hours for Maryland Public Schools

Requiring the Office of Public Health Services in the Department of Health and Mental Hygiene to conduct a study of safe and healthy school hours for Maryland public schools, consult with specified persons, and make recommendations relating to alternative school day starting times for Maryland public schools; and requiring the Office of Public Health Services to submit a report of its findings and recommendations to the Governor and the General Assembly on or before December 31, 2014.

HB 883 Signed by the Governor on ; Chapter #.

Effective Date: July 1, 2014
For more information, please contact: Chelsea Beaupre

HB1001 Education - Federal Elementary and Secondary Education Act - Waiver Requests

Requiring the State Department of Education to submit a request for a waiver from the federal Elementary and Secondary Education Act to the Legislative Policy Committee of the General Assembly before the Department submits the proposed waiver request to the United States Department of Education and to give the Committee a specified amount of time to review and comment; etc.

HB 1001 Signed by the Governor on ; Chapter #.

Effective Date: June 1, 2014
For more information, please contact: Chelsea Beaupre

HB1164 Maryland College and Career-Ready Standards and Partnership for Assessment of Readiness for College and Careers (PARCC) Implementation Review Workgroup

Establishing the Maryland College and Career-Ready Standards and Partnership for Assessment of Readiness for College and Careers (PARCC) Implementation Review Workgroup; requiring the Workgroup to assess specified needs, design specified plans, and make recommendations regarding specified matters; requiring the Workgroup to submit a final report of its findings to the Governor, the State Board of Education and the General Assembly on or before December 31, 2014; making the Act an emergency measure; etc.

HB 1164 Signed by the Governor on 4/14/2014; Chapter #246.

Effective Date: Upon Enactment
For more information, please contact: Chelsea Beaupre

HB1332 Task Force to Study Sports Injuries in High School Female Athletes

Establishing the Task Force to Study Sports Injuries in High School Female Athletes; providing for the composition, chair, and staffing of the Task Force; prohibiting a member of the Task Force from receiving specified compensation, but authorizing the reimbursement of specified expenses; requiring the Task Force to study and make recommendations regarding specified matters; providing for the termination of the Act at the end of December 31, 2015; etc.

HB 1332 Signed by the Governor on ; Chapter #.

Effective Date: July 1, 2014
For more information, please contact: Chelsea Beaupre

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Health Care Administration & Facilities


A bill to give HSCRC express authority to implement certain aspects of the Maryland All-Payer Model Contract (Health Services Cost Review Commission – Powers and Duties, Regulation of Facilities, and Maryland All-Payer Model Contract) passed. Several bills related to health care facilities and administration were introduced this session, and are discussed below.

A bill that moves the recently proposed cardiovascular services regulations closer to implementation passed. It authorizes the Maryland Health Care Commission (MHCC) to require a general hospital that provides cardiac surgery services to voluntarily relinquish authority to provide such services if the hospital fails to meet applicable standards, and holds all hospitals providing cardiac surgery to the same standards. In response to feedback from legislators, MHA and other stakeholders, MHCC will redraft the proposed regulations, adding explicit details on the processes and safeguards that will be put in place to allow opportunity for hospitals to correct program deficiencies while maintaining quality standards.

A bill regarding charges for copies of medical records passed. Johns Hopkins was actively involved in this legislation that would have prohibited a hospital or health care provider from charging a fee for copies of medical records for Medicaid recipients. Public Health – Medical Records Charges – Medicaid Enrollees, as introduced would have mandated that hospitals and providers provide copies of medical records for any Medicaid enrollee free of charge. The bill was amended to limit the charge for copies to $20 per 100 pages. As amended, an attorney requesting copies of a Medicaid medical record can be charged for copies. It is current practice at Johns Hopkins to not charge for any copies of medical records that are given to another provider at the request of a patient.

A bill that would have altered the criteria, standards, and methodology for the certificate of need process for licensed hospice programs in Maryland failed.

Please find details on relevant bills below:

SB89 Maryland Health Care Commission - Requirement for Certificate of Need - Exceptions

Establishing an exception to the requirement that a person have a certificate of need issued by the Maryland Health Care Commission before specified actions are taken relating to a health care facility by altering the definition of a "health care facility" to exclude a comprehensive care facility that is owned and operated by the Maryland Department of Veterans Affairs and that restricts admissions to specified individuals; and clarifying language.

SB 89 Signed by the Governor on 4/8/2014; Chapter #18.

Effective Date: October 1, 2014
For more information, please contact: Nicole McCann

SB102 Health - Use of Alternate Care Sites During a State of Emergency - Authorization

Authorizing the Governor to promulgate specified orders, rules, or regulations to authorize the use of specified alternate care sites by licensed health care facilities that have access to an emergency electrical power generator to provide medical services, nursing services, or other health-related services during a declared state of emergency: etc.

SB 102 Signed by the Governor on 4/8/2014; Chapter #29.

Effective Date: October 1, 2014
For more information, please contact: Nicole McCann

SB483/HB710 Labor and Employment - Nursing Homes and Health Care Facilities - Workplace Safety Assessment and Safety Program

Requiring specified nursing homes to assign to an appropriate committee the task of conducting an annual assessment of workplace safety issues and making recommendations; requiring the committee to consult specified employees of the nursing home; requiring a specified health care facility to establish a workplace safety committee; requiring a workplace safety committee to establish a workplace safety program including specified components; etc.

SB 483 Signed by the Governor on ; Chapter #.
HB 710 Signed by the Governor on ; Chapter #.

Effective Date: October 1, 2014
For more information, please contact: Delora Sanchez

SB891 Maryland Health Care Commission - Authority of Acute Care Hospitals to Provide Cardiac Surgery Services - Voluntary Relinquishment - Regulations

Requiring that regulations adopted by the Maryland Health Care Commission provide for the voluntary relinquishment of the authority of specified acute care hospitals to provide cardiac surgery services under specified circumstances.

SB 891 Signed by the Governor on 4/8/2014; Chapter #73.

Effective Date: June 1, 2014
For more information, please contact: Sheila Higdon

HB105 Maryland Health Care Commission - Powers - Authority to Award Funds and Make Agreements With Grantees and Payees

Authorizing the Maryland Health Care Commission to award specified funds received from any person or government agency; authorizing the Commission to make agreements with a grantee or payee of funds, property, or services; requiring the Commission, in awarding specified funds, to use a specified process and evaluate proposals for funding using a panel that consists of specified individuals; and requiring the Commission to provide specified information on its Web site and submit a specified report to the General Assembly.

HB 105 Signed by the Governor on 4/8/2014; Chapter #83.

Effective Date: October 1, 2014
For more information, please contact: Nicole McCann

HB298 Health Services Cost Review Commission - Powers and Duties, Regulation of Facilities, and Maryland All-Payer Model Contract

Authorizing the Health Services Cost Review Commission, consistent with Maryland's all-payer model contract, to establish hospital rate levels and rate increases in a specified manner and promote and approve specified alternative methods of rate determination and payment; increasing the total amount of specified user fees that the Commission may assess; requiring the Commission to make a report, beginning October 1, 2014, and every 6 months thereafter, to specified individuals and the General Assembly; etc.

HB 298 Signed by the Governor on 5/5/2014; Chapter #263.

Effective Date: July 1, 2014
For more information, please contact: Nicole McCann

HB399 Public Health - Medical Records Charges - Medicaid Enrollees

Prohibiting a health care provider from charging a person in interest except for a specified attorney who requests a copy of a medical record of an individual enrolled in the Maryland Medical Assistance Program a fee that exceeds $20 for each 100 pages or portion of 100 pages copied, adjusted annually for inflation in a specified manner.

HB 399 Signed by the Governor on 5/5/2014; Chapter #398.

Effective Date: October 1, 2014
For more information, please contact: Nicole McCann

HB779 Maryland Health Care Commission - Health Care Provider-Carrier Workgroup

Requiring the Maryland Health Care Commission to establish a Health Care Provider-Carrier Workgroup; establishing the purpose, composition, staffing, and frequency of meetings of the Workgroup; prohibiting a Workgroup member from receiving compensation or reimbursement; requiring Commission staff to solicit and select issues for consideration by the Workgroup; requiring Commission staff to provide specified assistance to the Workgroup and to submit reports to the Commission and specified legislative committees; etc.

HB 779 Signed by the Governor on ; Chapter #.

Effective Date: October 1, 2014
For more information, please contact: Nicole McCann

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Health Care Occupations


Bills creating new licensed health professions including behavior analysts and naturopathic doctors passed. A bill establishing a licensure path for lay midwives failed. Johns Hopkins and MHA advocated against this bill because it did not have adequate training and scope of practice provisions for midwifery certification. The issue of midwifery will likely be studied by the General Assembly and stakeholders over the interim. There were over 90 bills related to health occupations introduced this session.

Please find details on relevant bills below:

SB162/HB272 Health Occupations - Licensed Podiatrists - Scope of Practice and Hospital Privileges

Altering the definition of "practice podiatry" to include the surgical treatment of acute ankle fracture in the scope of practice of licensed podiatrists; and requiring qualifications that a hospital or related institution sets for granting specified privileges for specified services to include consideration of specified training, education, and experience.

SB 162 Signed by the Governor on 4/14/2014; Chapter #140.
HB 272 Signed by the Governor on ; Chapter #.

Effective Date: October 1, 2014
For more information, please contact: Mickey Geisler

SB225/HB113 State Board of Examiners of Psychologists - Psychology Associates - Registration

Requiring an individual, except under specified circumstances, to be registered by the State Board of Examiners of Psychologists before practicing psychology as a psychology associate in the State; specifying the circumstances under which a registered psychology associate is authorized to practice psychology in the State; requiring an individual to meet specified requirements to qualify for registration as a psychology associate; specifying the examinations that an applicant for a psychology license must pass; etc.

SB 225 Signed by the Governor on 4/14/2014; Chapter #147.
HB 113 Signed by the Governor on ; Chapter #.

Effective Date: October 1, 2014
For more information, please contact: Nicole McCann

SB314/HB402 Health Occupations - State Board of Physicians - Naturopathic Doctors

Establishing the Naturopathic Medicine Advisory Committee within the State Board of Pharmacy; providing for the composition of the Committee; providing for the terms of a Committee member; specifying the duties of the Committee; requiring the Board to adopt specified regulations; requiring the Board to set fees for the issuance and renewal of licenses; requiring the Board to pay the fees to the Comptroller; requiring the Comptroller to distribute the fees of the Board; etc.

SB 314 Signed by the Governor on 4/14/2014; Chapter #153.
HB 402 Signed by the Governor on 5/5/2014; Chapter #399.

Effective Date: October 1, 2014
For more information, please contact: Nicole McCann

SB320/HB251 State Board of Nursing - Electrology Practice Committee - Membership

Altering the membership of the Electrology Practice Committee within the State Board of Nursing; and providing for the elimination of the positions of specified members of the Committee.

SB 320 Signed by the Governor on 4/14/2014; Chapter #154.
HB 251 Signed by the Governor on 4/14/2014; Chapter #258.

Effective Date: July 1, 2014
For more information, please contact: Nicole McCann

SB379/HB304 State Acupuncture Board and State Board of Dietetic Practice - Action and Penalties for Violations of Practice Acts and Supervisory Authority of Acupuncturists

Authorizing the State Acupuncture Board to impose a penalty if the Board finds that there are grounds to take disciplinary action against a licensee; authorizing the State Acupuncture Board and the State Board of Dietetic Practice to issue cease and desist orders or obtain injunctive relief for violations of specified provisions of law; authorizing an acupuncturist, licensed by the Board to practice clinical professional counseling, to provide supervision to an individual performing auricular detoxification; etc.

SB 379 Signed by the Governor on 4/14/2014; Chapter #160.
HB 304 Signed by the Governor on ; Chapter #.

Effective Date: October 1, 2014
For more information, please contact: Nicole McCann

SB694/HB150 Health Occupations - Maryland Behavior Analysts Act

Establishing the Behavior Analyst Advisory Committee within the State Board of Professional Counselors and Therapists; requiring the Board to adopt regulations and a code of ethics; requiring the Board to set fees for services provided by the Board to behavior analysts; providing for a behavior analyst rehabilitation subcommittee to evaluate and provide assistance to any behavior analyst in need of treatment and rehabilitation for alcoholism, drug abuse, chemical dependency, or other specified conditions; etc.

SB 694 Signed by the Governor on ; Chapter #.
HB 150 Signed by the Governor on ; Chapter #.

Effective Date: July 1, 2014
For more information, please contact: Nicole McCann

SB849/HB908 State Board of Nursing - Nurses, Nursing Assistants, Medication Technicians, and Electrologists - Licensing, Certification, Regulation, Violations, and Penalties

Requiring the State Board of Nursing to establish, beginning January 1, 2015, a program through which the Criminal Justice Information System Central Repository reports to the Board specified criminal history information for specified applicants; establishing requirements for the Board to place specified licensees and certificate holders on inactive status if specified documentation of a medical condition is submitted to the Board; etc.

SB 849 Signed by the Governor on ; Chapter #.
HB 908 Signed by the Governor on ; Chapter #.

Effective Date: October 1, 2014
For more information, please contact: Nicole McCann

HB100 Dental Hygienists - Practice in Long-Term Care Facilities - Repeal of Termination Date

Repealing the termination date of specified provisions of law relating to the authority of a dental hygienist to practice dental hygiene under general supervision in a long-term care facility.

HB 100 Signed by the Governor on 5/5/2014; Chapter #381.

Effective Date: June 1, 2014
For more information, please contact: Nicole McCann

HB401 Health Occupations - Chiropractors, Massage Therapists, Physical Therapists, and Physical Therapist Assistants - Criminal History Records Checks Required

Requiring applicants to the State Board of Chiropractic and Massage Therapy Examiners and the State Board of Physical Therapy Examiners to submit to a criminal history records check as a condition of licensure or registration; requiring the Boards to consider specified factors in determining whether to grant a license or registration on receipt of the criminal history record information; prohibiting the Boards from issuing a license or registration if the criminal history record information has not been received; etc.

HB 401 Signed by the Governor on ; Chapter #.

Effective Date: October 1, 2014
For more information, please contact: Nicole McCann

HB459 Maryland Loan Assistance Repayment Program for Physicians and Physician Assistants

Expanding the scope of the Maryland Loan Assistance Repayment Program for Physicians to provide education loan repayments to physician assistants who provide primary care in designated professional shortage areas under specified circumstances; and expanding the definition of "primary care" to include women's health.

HB 459 Signed by the Governor on 4/8/2014; Chapter #99.

Effective Date: October 1, 2014
For more information, please contact: Nicole McCann

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Health Insurance/Health Care Access


All bills to eliminate Maryland’s Health Exchange or establish more transparency around the Exchange failed.

However, a bill to expand the purpose of the Maryland Health Insurance Plan (MHIP) to include providing access to health benefits for “bridge eligible individuals,” as needed, on a retroactive and prospective basis, passed. Maryland Health Insurance Plan – Access for Bridge Eligible Individuals defines bridge eligible individuals as those who attempted to gain access to health care coverage through the Exchange but could not due to technical failures of the website. The exact number of individuals participating in this expansion is unknown; estimates are about 100 individuals.

During the final weeks of the legislative session, the Maryland Health Benefit Exchange Board voted to abandon Maryland’s Exchange website, the Maryland Health Connection, and instead use the system used by Connecticut. The new system will be simpler and will enroll individuals in qualified health plans and determine Medicaid eligibility. The state aims to have the new system in place by the November 1 open enrollment period.

Please find details on relevant bills below:

SB96 Health Insurance - Conformity With and Implementation of the Federal Patient Protection and Affordable Care Act

Establishing initial permit, permit renewal, and permit reinstatement fees for a SHOP Exchange enrollment permit; specifying that provisions of the federal Patient Protection and Affordable Care Act relating to guaranteed availability of coverage apply to specified coverage offered in specified insurance markets; repealing specified conversion rights for specified group and blanket health insurance contracts; repealing provisions of law governing bona fide wellness programs; etc.

SB 96 Signed by the Governor on 4/8/2014; Chapter #23.

Effective Date: July 1, 2014
For more information, please contact: Nicole McCann

SB98 Health Insurance - Medicare Marketing Rules

Requiring an insurance producer, when soliciting or advertising the sale of a Medicare Advantage Plan, Medicare Advantage Prescription Drug Plan, Medicare Prescription Drug Plan (Part D), or Medicare Section 1876 cost plan, to comply with the Centers for Medicare and Medicaid Services' Medicare Marketing Guidelines, including the prohibitions against specified activities.

SB 98 Signed by the Governor on 4/8/2014; Chapter #25.

Effective Date: October 1, 2014
For more information, please contact: Nicole McCann

SB134 Maryland Health Insurance Plan - Access for Bridge Eligible Individuals

Altering the purpose of the Maryland Health Insurance Plan to include decreasing uncompensated care costs by providing access to affordable, comprehensive health benefits for specified bridge eligible individuals; providing that it is the intent of the General Assembly that Maryland Health Insurance Plan Fund revenue be used to subsidize health insurance coverage for specified bridge eligible individuals; etc.

SB 134 Signed by the Governor on 1/30/2014; Chapter #1.

Effective Date: Upon Enactment
For more information, please contact: Nicole McCann

SB416/HB437 Health Maintenance Organizations - Payments to Nonparticipating Providers - Repeal of Termination Date

Repealing the termination date of specified provisions of law requiring health maintenance organizations to pay nonparticipating providers for specified services at specified rates.

SB 416 Signed by the Governor on 4/14/2014; Chapter #163.
HB 437 Signed by the Governor on ; Chapter #.

Effective Date: October 1, 2014
For more information, please contact: Nicole McCann

SB622/HB1233 Health Insurance - Step Therapy or Fail-First Protocol

Requiring the Maryland Health Care Commission to work with payors and providers to attain benchmarks for overriding a payor's step therapy or fail-first protocol; requiring the benchmarks to include, on or before July 1, 2015, establishment by a specified payor of a process for a provider to override the step therapy or fail-first protocol of the payor; etc.

SB 622 Signed by the Governor on ; Chapter #.
HB 1233 Signed by the Governor on 5/5/2014; Chapter #317.

Effective Date: July 1, 2014
For more information, please contact: Nicole McCann

SB641/HB625 Kathleen A. Mathias Oral Chemotherapy Improvement Act of 2014

Altering the scope of specified provisions of law relating to coverage of cancer chemotherapy to include specified policies or contracts issued or delivered by specified entities that provide essential health benefits required under specified provisions of federal law; and making the Act an emergency measure.

SB 641 Signed by the Governor on 4/8/2014; Chapter #67.
HB 625 Signed by the Governor on 4/8/2014; Chapter #68.

Effective Date: Upon Enactment
For more information, please contact: Nicole McCann

SB790 Health Insurance - Communications Between Carriers and Enrollees - Conformity With the Health Insurance Portability and Accountability Act (HIPAA)

Requiring the Maryland Insurance Commissioner to develop and make available a specified form for enrollees to use to request confidential communications from health insurance carriers in accordance with specified provisions of federal law; requiring carriers to accept a specified form for a specified purpose under specified circumstances; providing that a notice given by an insurer under specified circumstances is subject to specified provisions of federal law; making the Act an emergency measure; etc.

SB 790 Signed by the Governor on 4/8/2014; Chapter #72.

Effective Date: Upon Enactment
For more information, please contact: Nicole McCann

SB884/HB1127 Health Insurance - Incentives for Health Care Practitioners

Altering the circumstances under which a health insurance carrier is not prohibited from providing bonuses or other incentive-based compensation to a health care practitioner or a set of health care practitioners.

SB 884 Signed by the Governor on 4/14/2014; Chapter #204.
HB 1127 Signed by the Governor on ; Chapter #.

Effective Date: October 1, 2014
For more information, please contact: Nicole McCann

SB893/HB823 Health Insurance - Insurance Laws That Apply to Health Maintenance Organizations - Consolidation and Clarification

Consolidating the insurance laws of the State that apply to health maintenance organizations; clarifying the application of the insurance laws of the State to health maintenance organizations; declaring the intent of the General Assembly; etc.

SB 893 Signed by the Governor on ; Chapter #.
HB 823 Signed by the Governor on ; Chapter #.

Effective Date: June 1, 2014
For more information, please contact: Nicole McCann

HB693 Health Insurance - Essential Health Benefits - Pediatric Dental Benefits

Requiring the Maryland Health Benefit Exchange to certify stand-alone dental plans for sale outside the Exchange; requiring a stand-alone dental plan to be reviewed and approved by the Maryland Insurance Administration as meeting specified requirements to be certified for sale outside the Exchange; providing that a health benefit plan offered by a health insurance carrier outside the Exchange to individuals or small employers is not required to include specified pediatric dental benefits under specified circumstances; etc.

HB 693 Signed by the Governor on ; Chapter #.

Effective Date: Upon Enactment
For more information, please contact: Nicole McCann

HB806 Health Information Exchanges - Protected Health Information - Regulations

Requiring specified regulations for protected health information obtained or released through a specified health information exchange to govern the access, use, maintenance, disclosure, and redisclosure of protected health information as required by specified State or federal law.

HB 806 Signed by the Governor on ; Chapter #.

Effective Date: October 1, 2014
For more information, please contact: Nicole McCann

HB856 Workgroup on Workforce Development for Community Health Workers

Requiring the Department of Health and Mental Hygiene and the Maryland Insurance Administration to establish a specified stakeholder workgroup on workforce development for community health workers; requiring the workgroup to conduct a study and make recommendations; requiring the workgroup to submit a report to specified committees of the General Assembly on or before June 1, 2015; etc.

HB 856 Signed by the Governor on 4/14/2014; Chapter #259.

Effective Date: June 1, 2014
For more information, please contact: Nicole McCann

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Health, General/Public/Environmental


A bill to increase access to sexual assault medical exams passed. Hospitals – Protocol for Sexual Assault Medical Forensic Examinations and Planning Committee requires hospitals to have protocols in place to provide timely access to a sexual assault medical forensic exam by a forensic nurse examiner or physician for a victim of sexual assault or rape when they present to a hospital for treatment and creates a planning group to identify ways to improve access to these services. As introduced, the bill would have required every hospital to provide a sexual assault medical forensic exam by a forensic nurse examiner. Hospitals worked with the sponsor and other stakeholders to amend the bill.

A bill to ban extreme strength alcohol (defined as 95 proof or higher) passed. This initiative was spearheaded by the Maryland Collaborative to Reduce College Drinking and Related Problems, which was co-convened by President Daniels and USM Chancellor Brit Kirwan to provide campuses with expertise and resources to address the harms of excessive drinking.

A bill to require DHMH to create a Sickle Cell Disease Outreach Program failed. The program would have provided educational programs on sickle cell disease to individuals affected by the disease, their families, caregivers, school personnel, and health care providers. Social services support and any other programs and services would also be made available to individuals with sickle cell to reduce the use of acute care services.

A bill to require all providers to offer a Hepatitis C test to any at risk individual and in the event of a positive result either provide follow up care or refer the patient to appropriate care failed. While Johns Hopkins did not support the bill on the ground that it created a legislative mandate dictating how providers deliver care, Johns Hopkins intends to work with interested parties to determine how to best raise awareness about the importance of Hepatitis C testing.

Please find details on relevant bills below:

SB418/HB556 Developmental Disabilities Administration - Low Intensity Support Services - Funding

Lowering the funding cap on low intensity support services provided to specified individuals each fiscal year through the Low Intensity Support Services Program in the Developmental Disabilities Administration.

SB 418 Signed by the Governor on 4/8/2014; Chapter #59.
HB 556 Signed by the Governor on ; Chapter #.

Effective Date: July 1, 2014
For more information, please contact: Nicole McCann

HB354 Baltimore City - AIDS Prevention Sterile Needle and Syringe Exchange Program

Repealing a requirement that the AIDS Prevention Sterile Needle and Syringe Exchange Pilot Program in Baltimore City provide for the exchange of used hypodermic needles and syringes for sterile hypodermic needles and syringes on a "one-for-one" basis; altering a requirement that the Program's oversight committee provide advice to the Commissioner of Health and the Program Director on developing Program operating procedures for the exchange of hypodermic needles and syringes in a specified manner; etc.

HB 354 Signed by the Governor on 5/5/2014; Chapter #396.

Effective Date: October 1, 2014
For more information, please contact: Nicole McCann

HB692 Maryland Perfusion Act - Revisions

Altering the requirement that one of the members of the Perfusion Advisory Committee be a physician who performs cardiac or cardiothoracic surgery to allow the member to be a cardiac anesthesiologist; authorizing, under specified circumstances, a specified applicant to apply to the State Board of Physicians for an extension of the term of a specified license; requiring the Board to adopt specified regulations to carry out a specified provision of the Act; etc.

HB 692 Signed by the Governor on ; Chapter #.

Effective Date: October 1, 2014
For more information, please contact: Patrick Murray

HB802/SB198 Maryland Medical Assistance Program - Telemedicine

Requiring, to the extent authorized by federal law or regulation, specified provisions of law relating to coverage of and reimbursement for health care services delivered through telemedicine to apply to the Maryland Medical Assistance Program and managed care organizations in a specified manner; authorizing the Department of Health and Mental Hygiene to allow coverage of and reimbursement for health care services delivered in a specified manner and subject to the limitations of the State budget; etc.

HB 802 Signed by the Governor on 5/5/2014; Chapter #426.
SB 198 Signed by the Governor on 4/14/2014; Chapter #141.

Effective Date: October 1, 2014
For more information, please contact: Sheila Higdon

HB963 Hospitals - Protocol for Sexual Assault Medical Forensic Examinations and Planning Committee

Requiring hospitals that provide emergency medical services to have, on or before July 1, 2014, a protocol to provide timely access to sexual assault medical forensic examinations by forensic nurse examiners or physicians to specified victims; establishing the Planning Committee to Implement Improved Access to Sexual Assault Medical Forensic Examinations in Maryland; etc.

HB 963 Signed by the Governor on ; Chapter #.

Effective Date: June 1, 2014
For more information, please contact: Nicole McCann

HB1235 Community Integrated Medical Home Program

Establishing the Community Integrated Medical Home Program and its mission; establishing the Community Integrated Medical Home Program advisory body; requiring the advisory body to include specified stakeholders; requiring the Department of Health and Mental Hygiene to submit a report on the recommendations of the advisory body and the development of the Community Integrated Medical Home Program to the Governor, the Senate Finance Committee, and the House Health and Government Operations Committee; etc.

HB 1235 Signed by the Governor on 5/5/2014; Chapter #449.

Effective Date: July 1, 2014
For more information, please contact: Nicole McCann

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Higher Education/Financial Aid


A bill to strengthen privacy protection regulations for student records and information failed. In many respects the bill duplicated protections already in place under the federal Family Educational Rights and Privacy Act (FERPA). It would have added additional restrictions that in some cases would be counterproductive, such as a provision that students opt-in via written consent to allow institutions to keep student information not immediately related to the delivery of services.

Please find details on relevant bills below:

SB75/HB359 Alcoholic Beverages - Maximum Alcohol Content

Prohibiting a person from selling at retail an alcoholic beverage with an alcohol content of 95% (190 proof) or more; and stating that a person who violates the provision is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000.

SB 75 Signed by the Governor on ; Chapter #.
HB 359 Signed by the Governor on 5/5/2014; Chapter #272.

Effective Date: July 1, 2014
For more information, please contact: Matt Greenwood

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Marijuana


Bills to expand the medical marijuana law passed in 2013 and to decriminalize the possession of small amounts (less than 10 grams) of marijuana passed. Several marijuana bills were introduced this year including the full legalization of the use and possession of marijuana, taxing and regulating marijuana, and expanding Maryland’s current medical marijuana program.

A bill to allow physicians licensed in the state and certified by the Commission to recommend medical marijuana to qualified patients passed. The Natalie M. LaPrade Medical Marijuana Commission was created in 2013 to develop the framework for medical marijuana programs at academic medical centers (AMC’s). However, none of the eligible AMC’s in the state (including Johns Hopkins) expressed interest in having a program. Eligibility to establish a program was expanded this session in response. The legislation also expands the number of grower licenses the Commission may grant from 5 to 15 for the first year. Thereafter the Commission may issue as many grower licenses necessary to meet demand. The bill authorizes dispensers and growers to apply for a license to dispense medical marijuana. Finally, the bill adds three new members to the Commission – an individual recommended from the Department of Agriculture; a representative from the University of Maryland Agricultural Extension; and a representative from the Office of the Comptroller.

A bill to remove criminal penalties for adults in possession of less than 10 grams of marijuana passed. Under Criminal Law - Possession of Marijuana - Civil Offense, a first offense carries a fine of $100, second offense $250, and a third offense carries a fine of $500 and an individual must appear in court and possibly attend drug treatment. However, since it is no longer a criminal offense it may be difficult to determine how many times an individual has received a citation. The legislation does create some enforcement issues as paraphernalia (e.g. pipes) still carry a criminal penalty. Members of the legislature have stated that they plan to address these issues next session.

Please find details on relevant bills below:

SB364 Criminal Law - Possession of Marijuana - Civil Offense

Making the use or possession of less than 10 grams of marijuana a civil rather than a criminal offense; establishing that a person who violates the Act may be issued a citation; establishing fines; requiring a court to order a specified person who has committed a third or subsequent violation of the Act to appear in court and to attend a specified drug education program; requiring a court to refer the person for assessment for substance abuse disorder and to refer the person for substance abuse treatment if necessary; etc.

SB 364 Signed by the Governor on 4/14/2014; Chapter #158.

Effective Date: October 1, 2014
For more information, please contact: Delora Sanchez

SB923/HB881 Medical Marijuana - Natalie M. LaPrade Medical Marijuana Commission

Altering the purpose of the Natalie M. LaPrade Medical Marijuana Commission to include the approval of physicians, development of a Web site, establishment of an application review process, and issuance of medical marijuana grower licenses; authorizing a medical marijuana grower to distribute marijuana at specified facilities; identifying patients and caregivers; requiring the Commission to report to the General Assembly on the level of competition in the market for medical marijuana on or before December 1, 2015; etc.

SB 923 Signed by the Governor on 4/14/2014; Chapter #256.
HB 881 Signed by the Governor on 4/14/2014; Chapter #240.

Effective Date: June 1, 2014
For more information, please contact: Delora Sanchez

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Medicaid


Bills adjusting coverage under the state Medicaid program passed, and are discussed below. However, the Medicaid budget continues to be plagued by shortfalls. For FY 2014, the state underfunded the Medicaid program by over $70 million. These shortfalls are projected to continue well into FY 2016. There are also additional, yet uncalculated costs associated with a six-month extension of Medicaid eligibility redeterminations due to issues associated with the state’s troubled Health Insurance Exchange. The Department of Legislative Services predicts actual costs associated with the extension will be approximately $60 million. Overall, Medicaid expenditures will grow by 12 percent ($886 million) to $8.2 billion in FY 2015. The major growth in the Medicaid program is driven by the expansion of Medicaid coverage to individuals with incomes at or below 138% of the federal poverty level. Growth in the program is unequally distributed among funding sources — declining state general fund support, and a higher reliance on special fund support, including hospital assessments of approximately $750 million. The Medicaid program also provides for the continuation of higher physician evaluation and management rates for primary and specialty care physicians and a 4 percent increase for community mental health providers effective January 1, 2015.

A bill that requires the Medicaid program to reimburse for health care services delivered through telemedicine must apply to Medicaid and managed care organizations in the same manner they apply to health insurance carriers. The bill also stipulates that reimbursement is subject to the limitations of the State budget and to the extent authorized by federal law, and DHMH regulations on the types of health care providers eligible to receive reimbursement for health care services provided to Medicaid recipients.

Please find details on relevant bills below:

SB198/HB802 Maryland Medical Assistance Program - Telemedicine

Requiring, to the extent authorized by federal law or regulation, specified provisions of law relating to coverage of and reimbursement for health care services delivered through telemedicine to apply to the Maryland Medical Assistance Program and managed care organizations in a specified manner; authorizing the Department of Health and Mental Hygiene to allow coverage of and reimbursement for health care services delivered in a specified manner and subject to the limitations of the State budget; etc.

SB 198 Signed by the Governor on 4/14/2014; Chapter #141.
HB 802 Signed by the Governor on 5/5/2014; Chapter #426.

Effective Date: October 1, 2014
For more information, please contact: Sheila Higdon

HB106 Senior Prescription Drug Assistance Program - Sunset Extension

Extending to December 31, 2016 the termination date of the Senior Prescription Drug Assistance Program; and altering to fiscal years through 2017 the period of time during which the subsidy required under the Senior Prescription Drug Assistance Program may not exceed $14,000,000.

HB 106 Signed by the Governor on 4/8/2014; Chapter #84.

Effective Date: October 1, 2014
For more information, please contact: Nicole McCann

HB590 Maryland Medical Assistance Program - Waivers - Consolidation and Repeal

Repealing the Living at Home Waiver Program; altering the requirements for applicants, financial eligibility criteria, and services to be included in the Department of Health and Mental Hygiene's home- and community-based services waiver; repealing the requirement that the Department of Health and Mental Hygiene work with the Maryland Health Care Commission to convert a specified percentage of nursing facility beds to assisted living program waiver beds; etc.

HB 590 Signed by the Governor on 5/5/2014; Chapter #413.

Effective Date: October 1, 2014
For more information, please contact: Nicole McCann

HB1238 Developmental Disabilities Administration - Payment of Providers

Repealing, as of a specified date, provisions of law requiring the Developmental Disabilities Administration to develop and implement a funding system for the distribution of State funds to specified providers to provide community-based services; requiring the Administration to conduct a study, develop and implement a plan, develop a strategy, provide for specified payments, develop a billing and payment system, establish a payment schedule, and consult with stakeholders; requiring a study on or before September 30, 2017; etc.

HB 1238 Signed by the Governor on ; Chapter #.

Effective Date: October 1, 2014
For more information, please contact: Nicole McCann

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Medical Liability/Tort Reform


All bills to alter the medical liability climate in Maryland failed. Johns Hopkins State Affairs led a coalition of hospitals, health care providers, and insurers in support of improving Maryland’s medical liability climate. The coalition supported legislation to establish a no fault birth injury fund, designed to stabilize the liability climate by creating a pool of money that hospitals, providers, and insurers would pay into to compensate the parents of children who have suffered a birth injury. The legislation failed in the judicial policy committees, but State Affairs convinced the budget committees to adopt language which directs the Department of Health and Mental Hygiene to convene a workgroup. The workgroup will study and evaluate the factors contributing to obstetric services access in rural and urban areas and policies created in other states to reduce barriers to obstetrical care. Recommendations from the workgroup are due to the legislature by November 1, 2014. These recommendations will form the foundation of legislation for 2015.

The trial lawyers supported a bill to increase the noneconomic damages cap in catastrophic medical liability cases. This bill failed, but would have tripled the current cap from its current amount of $740,000 to $2.2 million. The annual amount currently increases by an escalator of $15,000 annually. This amount would have also increased threefold to $45,000 annually. This legislation did not receive a vote in committee, but was extremely troublesome because of its potential to expose health care providers to substantially higher damages, and create a precedent for further future expansion of the higher cap to all medical liability cases.

A bill to update the definition of health care provider in medical liability cases failed. A bill to reduce the noneconomic damages cap to $500,000 and remove the annual escalator failed. A bill to prohibit an expression of regret or apology made by a health care provider as evidence of an admission of liability or statement against interest in a medical liability case failed. A bill to make a health care provider’s writings or records admissible in District or Circuit Court civil medical liability trials under certain circumstances failed.

Please find details on relevant bills below:

HB641/SB803 Courts and Judicial Proceedings - Communications Between Patient or Client and Health Care Professional - Exceptions to Privilege

Creating an exception to the privilege of communications of a patient or client if the disclosure is necessary to prove a charge in a specified criminal proceeding against the patient, former patient, client, or former client; creating an exception to the privilege of communications of a patient or client if the disclosure is necessary to obtain relief in a peace order proceeding in which a specified health care professional is a petitioner and the patient, former patient, client, or former client is a respondent; etc.

HB 641 Signed by the Governor on 4/14/2014; Chapter #196.
SB 803 Signed by the Governor on 4/14/2014; Chapter #195.

Effective Date: June 1, 2014
For more information, please contact: Delora Sanchez

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Miscellaneous


Two bills to strengthen domestic violence protections passed, including a measure that allows judges to impose a harsher penalty for a crime of violence when the defendant knew or should have known that a minor, at least two years of age, is present at the residence or within view or hearing of the crime of violence. Maryland will join 29 other states by lowering the evidentiary standard required for granting or extending a final protective order from clear and convincing evidence to preponderance of the evidence standard of proof.

Please find details on relevant bills below:

SB333/HB307 Peace Orders and Protective Orders - Burden of Proof

Changing the standard of proof from clear and convincing evidence to a preponderance of the evidence by which a judge in a peace order hearing must make specified findings before the judge may issue a final peace order or mutual peace orders; and changing the standard of proof by which a judge in a protective order hearing must make specified findings before the judge may grant a final protective or mutual protective orders or extend the term of a protective order.

SB 333 Signed by the Governor on 4/14/2014; Chapter #111.
HB 307 Signed by the Governor on 4/14/2014; Chapter #112.

Effective Date: October 1, 2014
For more information, please contact: Delora Sanchez

SB337/HB306 Crimes - Committing a Crime of Violence in the Presence of a Minor - Penalties

Prohibiting a person from committing a specified crime of violence when the person knows or reasonably should know that a minor who is at least 2 years old is present in a residence; establishing a specified circumstance under which a minor is present; establishing a specified enhanced penalty for a violation of the Act; authorizing a court to impose an enhanced penalty if the State's Attorney provides specified notice to the defendant in a specified manner and if specified elements have been proven beyond a reasonable doubt; etc.

SB 337 Signed by the Governor on 4/14/2014; Chapter #115.
HB 306 Signed by the Governor on 4/14/2014; Chapter #116.

Effective Date: October 1, 2014
For more information, please contact: Delora Sanchez

SB438 Municipal Elections - Inclusion of Offices and Questions on the State Ballot

Authorizing a municipality to request that the State Board of Elections include specified offices and questions on a specified ballot; requiring a municipality to file a specified request with the State Board on or before a specified date; requiring a municipality to include a certification as part of a request; providing that a municipality is not required to file a specified request under specified circumstances; etc.

SB 438 Signed by the Governor on ; Chapter #.

Effective Date: July 1, 2014
For more information, please contact: Chelsea Beaupre

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Pharmaceuticals


Bills to reform payments for specialty drugs and pharmacy contracting passed.

A bill to exclude dispensers of devices and equipment from the Maryland Pharmacy Act passed. Johns Hopkins was supportive of this bill to exempt a person or pharmacy that only dispenses prescription devices that do not contain a prescription drug; prescription devices that only contain medical oxygen; durable medical equipment; or prosthetics, orthotics, and related supplies from the Maryland Pharmacy Act. The legislation is favorable to Johns Hopkins Home Care Group which supplies durable medical equipment.

A bill prohibiting carriers from placing a copay or coinsurance on a covered specialty drug over $150 for up to a 30 day supply (increased every year for inflation) passed. Carriers are authorized to provide for specialty drugs through a managed care system but are not precluded from requiring that covered specialty drugs be obtained by a designated pharmacy or a pharmacy in the carrier’s network as long as the pharmacy accepts the network reimbursement and meets certain standards. The bills define specialty drugs as a prescription drug that: (1) is prescribed for an individual with a complex or chronic medical condition, or a rare medical condition, (2) costs $600 or more for up to a 30-day supply, (3) is not typically stocked at retail pharmacies; and (4) requires a difficult or unusual process of delivery to the patient in the preparation, handling, storage, inventory, or distribution of the drug or requires enhanced patient education, management, or support, beyond those required for traditional dispensing, before or after administration of the drug.

A bill to replace the pharmacy student waiver to allow pharmacy students to practice pharmacy under the direct supervision of a licensed pharmacist passed. Before practicing pharmacy under the direct supervision of a licensed pharmacist, an individual must be registered and approved by the State Board of Pharmacy as a registered pharmacy intern.

A bill to authorize the Prescription Drug Monitoring Program (PDMP), in accordance with regulations adopted by the Secretary of Health and Mental Hygiene, to review prescription drug monitoring data for indications of possible misuse or abuse of a monitored prescription drug and, if indicated, report the possible misuse or abuse to the prescriber or dispenser passed.

A bill to require pharmacy benefits managers (PBMs) to include the sources used to determine maximum allowable cost (MAC) pricing in each contract with a contracted pharmacy passed. A PBM must update pricing information at least every seven days and provide a means for contracted pharmacies to promptly review pricing updates. A PBM must maintain a procedure to eliminate products from any MAC list. Before placing a prescription drug on a MAC list, a PBM must ensure that the drug meets specified criteria. Each contract between a PBM and a contracted pharmacy must include a process to appeal, investigate, and resolve disputes regarding MAC pricing.

A bill to create a taskforce to study access to pharmacy services in Maryland for patients when they are discharged from the hospital passed. The taskforce must report its findings and recommendations to the Governor, General Assembly, and HSCRC by Dec. 31, 2014. The MHA was instrumental in ensuring that hospitals’ best practices were shared with the taskforce.

A bill to authorize the Board to exempt from permit requirements a sterile compounding facility that only compounds drugs for immediate use, including nurses stations, failed. This legislation was spearheaded by the Board of Pharmacy. Later it was determined by the Board that nurse’s stations could continue sterile compounding for immediate use without this legislation. Instead the Board of Pharmacy will work to clarify the immediate use exemption through regulations. Furthermore, the Board indicated that unless a facility required a “clean room” to compound drugs, it would not need an immediate use exemption according to current regulations and legislation passed during the 2013 legislative session.

Please find details on relevant bills below:

SB228/HB398 State Board of Pharmacy - Election of Officers

Repealing the requirement that the election of a president, secretary, and treasurer of the State Board of Pharmacy be from among the pharmacist members of the Board.

SB 228 Signed by the Governor on 4/8/2014; Chapter #46.
HB 398 Signed by the Governor on ; Chapter #.

Effective Date: October 1, 2014
For more information, please contact: Delora Sanchez

SB257 Task Force to Study Access to Pharmacy Services in Maryland

Establishing the Task Force to Study Access to Pharmacy Services in Maryland; providing for the composition, chair, and staffing of the Task Force; prohibiting a member of the Task Force from receiving compensation, but authorizing the reimbursement of expenses; requiring the Task Force to study and make recommendations regarding specified matters; requiring the Task Force to report its findings and recommendations to specified individuals, committees, and the Health Services Cost Review Commission on or before December 31, 2014; etc.

SB 257 Signed by the Governor on 4/14/2014; Chapter #150.

Effective Date: June 1, 2014
For more information, please contact: Delora Sanchez

SB296/HB255 Prescription Drug Monitoring Program - Sunset Extension and Program Evaluation

Continuing the Prescription Drug Monitoring Program in accordance with the provisions of the Maryland Program Evaluation Act (Sunset Law) by extending to July 1, 2019, the termination provisions relating to the statutory and regulatory authority of the Program; authorizing the Program to disclose specified information to specified persons under specified circumstances; requiring the Department of Legislative Services to conduct a direct full evaluation of the Program on or before December 1, 2017; etc.

SB 296 Signed by the Governor on ; Chapter #.
HB 255 Signed by the Governor on 4/8/2014; Chapter #92.

Effective Date: July 1, 2014
For more information, please contact: Delora Sanchez

SB412/HB303 Health Occupations - Licensed Dentists Who Dispense Antibiotics - Exclusion From Maryland Pharmacy Act

Providing that the Maryland Pharmacy Act does not prohibit, under specified circumstances, a licensed dentist from dispensing a full course of treatment of antibiotics to a patient for infection control.

SB 412 Signed by the Governor on ; Chapter #.
HB 303 Signed by the Governor on ; Chapter #.

Effective Date: October 1, 2014
For more information, please contact: Delora Sanchez

SB852/HB1029 Health Occupations - Dispensers of Devices and Equipment - Exclusion From the Maryland Pharmacy Act

Providing that the Maryland Pharmacy Act does not apply to a person who only dispenses prescription devices that do not contain a prescription drug, prescription devices within which the only prescription drug is medical oxygen, durable medical equipment as defined by the Centers for Medicare and Medicaid Services, or prosthetics, orthotics and related supplies.

SB 852 Signed by the Governor on ; Chapter #.
HB 1029 Signed by the Governor on ; Chapter #.

Effective Date: June 1, 2014
For more information, please contact: Delora Sanchez

SB854/HB1218 State Board of Pharmacy - Registered Pharmacy Interns

Requiring individuals to register and be approved by the State Board of Pharmacy before practicing pharmacy as a pharmacy intern under the direct supervision of a licensed pharmacist; defining "direct supervision" to mean that a licensed pharmacist is physically available, nothwithstanding appropriate breaks, on-site and in the prescription area or in an area where pharmacy services are provided to supervise the practice of pharmacy; requiring registered pharmacy interns to submit to a criminal history records check; etc.

SB 854 Signed by the Governor on ; Chapter #.
HB 1218 Signed by the Governor on ; Chapter #.

Effective Date: October 1, 2014
For more information, please contact: Delora Sanchez

SB874/HB761 Health Insurance - Specialty Drugs

Prohibiting specified insurers, nonprofit health service plans, and health maintenance organizations from imposing a copayment or coinsurance requirement on a covered specialty drug that exceeds a specified dollar amount; providing for an annual increase to the copayment or coinsurance requirement limit; authorizing a pharmacy registered under a specified provision of federal law to apply to be a designated pharmacy for a specified purpose under specified conditions; etc.

SB 874 Signed by the Governor on ; Chapter #.
HB 761 Signed by the Governor on 5/5/2014; Chapter #422.

Effective Date: October 1, 2014
For more information, please contact: Nicole McCann

SB952/HB793 Pharmacy Benefits Managers - Pharmacy Contracts - Maximum Allowable Cost Pricing

Requiring a pharmacy benefits manager to include, in each contract with a contracted pharmacy, the sources used to determine maximum allowable cost pricing; requiring the pharmacy benefits manager to update its pricing information with a specified frequency and provide a means by which contracted pharmacies may review pricing updates in a specified format; etc.

SB 952 Signed by the Governor on ; Chapter #.
HB 793 Signed by the Governor on ; Chapter #.

Effective Date: January 1, 2015
For more information, please contact: Delora Sanchez

SB1108 Sterile Compounding Permits - Definition of "Compounding", Study, and Recommendations

Altering the definition of "compounding" for purposes of provisions of law governing sterile compounding to exclude mixing, reconstituting, or similar acts routinely performed by or under the supervision of an oncologist, a rheumatologist, or hematologist who administers chemotherapy, biologic therapy, supportive care medication, rheumatology therapy, or any other therapy in the treatment of cancer, a rheumatology condition, or a blood condition and in accordance with specified directions and guidance; etc.

SB 1108 Signed by the Governor on ; Chapter #.

Effective Date: July 1, 2014
For more information, please contact: Delora Sanchez

HB1088 Health Occupations - Compound Drugs - Provision to Ophthalmologists for Office Use

Authorizing a pharmacy for which a pharmacy permit has been issued by the State Board of Pharmacy and a sterile compounding facility to provide to an ophthalmologist for office use, without a patient-specific prescription, specified compound drugs for specified purposes; requiring sterile compounding facility to require the ophthalmologist to provide to the sterile compounding facility the identity of any patient to whom the drugs are administered; etc.

HB 1088 Signed by the Governor on ; Chapter #.

Effective Date: July 1, 2014
For more information, please contact: Delora Sanchez

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Research/Human Subject


Bills that could have jeopardized funding for human subjects research at Johns Hopkins failed. A bill to remove money from the CRF program to provide dollars to for-profit biotechnology companies, and legislation that would have required investigators that have been awarded stem cell research grants to make their research results and accomplishments public. Johns Hopkins ensured that language remained intact which excluded confidential or proprietary information that if made public could hinder commercialization or the ability to publish scholarly articles about the discoveries. Legislation that would have placed synthetic cannabinoids on schedule I as a controlled dangerous substance failed.

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Workplace Regulation


A bill to expand unpaid parental leave for the birth or adoption of a child by requiring employers with 15-49 employees to provide six weeks of unpaid parental leave passed. The Family Medical Leave Act (FMLA) requires that employers allow 12 weeks of unpaid leave under certain circumstances and only applies to employers with over 50 employees. To be eligible, the employee must have worked for the employer for at least one year prior to taking the leave.

A bill to make it illegal to discriminate based on gender identity in public accommodations, including housing and employment, passed. The legislation will unify state policy on gender identity anti-discrimination. Baltimore City, Baltimore County, Howard County, and Montgomery County already prohibit the practice. Johns Hopkins’ robust non-discrimination policy prohibits discrimination based on gender identity.

A bill to increase the minimum wage passed. The bill, which was a top priority for the Governor, was held up by Senate leadership until an agreement could be reached to increase wages for developmental disability support workers. The current wage of $7.25 will increase gradually starting with $8.00 Jan. 1, 2015 and will reach $10.10 by July 1, 2018. Provisions original to the Governor’s proposal to index the minimum wage to inflation and to increase the base pay of $3.63 for tipped workers and minimum wage for amusement park workers were not included in the final version of the legislation. Businesses with gross revenue less than $400,000 are also exempt. Legislation also passed which requires the Commissioner of Labor and Industry to enforce local minimum wage law as he or she would enforce the State’s Wage and Hour Law. The Commissioner may delegate the power or duty to enforce a local minimum wage law.

A bill requiring hospitals to establish a workplace safety committee to administer a workplace safety program passed. The workplace safety assessment and safety program legislation had received some push back from the hospital industry in earlier sessions but was reintroduced this year with more palatable requirements. The requirements of the legislation are congruent with Joint Commission standards with which hospitals must already comply. Additionally, nursing homes licensed for 45 or more beds must assign a committee charged with conducting an annual assessment of “workplace safety” issues and make recommendations for reducing workplace injuries.

Several bills that aimed to expunge or “shield” certain criminal and or traffic convictions failed. Employers were opposed to the legislation because it would have hindered their ability to obtain information on “shielded” crimes.

A bill to mandate paid sick leave failed under the weight of the minimum wage bill. Legislators felt that if both passed this session it would overburden employers. This legislation has been introduced in prior years but differed this year in that it would exempt small employers with under 10 employees. These bills are likely to be reintroduced in the 2015 legislative session.

Please find details on relevant bills below:

SB212 Fairness for All Marylanders Act of 2014

Prohibiting discrimination based on gender identity with regard to public accommodations, housing, and employment and by specified licensed or regulated persons; altering the applicability of specified provisions of law prohibiting discrimination in places of public accommodation; prohibiting discrimination based on sexual orientation or gender identity with regard to commercial leasing; altering the applicability of provisions of law prohibiting discrimination in employment; providing specified immunity; etc.

SB 212 Signed by the Governor on ; Chapter #.

Effective Date: October 1, 2014
For more information, please contact: Delora Sanchez

SB216/HB219 Workers' Compensation - Workers' Compensation Commission - Issuance of Subpoenas

Requiring the Workers' Compensation Commission, on a request of a party to a proceeding pending before the Commission, to issue a subpoena for specified purposes; authorizing the Commission to assess the whole cost of the proceeding against the requesting party if the Commission determines after an evidentiary hearing that the subpoena was requested in bad faith; etc.

SB 216 Signed by the Governor on ; Chapter #.
HB 219 Signed by the Governor on 4/8/2014; Chapter #89.

Effective Date: July 1, 2014
For more information, please contact: Delora Sanchez

SB232/HB727 Procurement - Prevailing Wage - Applicability

Specifying the percentage of State money that must be used in an elementary or a secondary school construction project before the Prevailing Wage Law applies by altering specified definitions; etc.

SB 232 Signed by the Governor on ; Chapter #.
HB 727 Signed by the Governor on 5/5/2014; Chapter #282.

Effective Date: July 1, 2014
For more information, please contact: Delora Sanchez

SB737/HB1026 Labor and Employment - Unpaid Parental Leave - Birth or Adoption of a Child

Providing specified employees a total of 6 workweeks of unpaid parental leave in a 12-month period under specified circumstances; authorizing an employer to deny unpaid parental leave to an eligible employee under specified circumstances; authorizing an employer to require an eligible employee, or authorizing an eligible employee to elect, to substitute paid leave for any part of or all of the period of parental leave; requiring employers to maintain health coverage during the duration of parental leave; etc.

SB 737 Signed by the Governor on ; Chapter #.
HB 1026 Signed by the Governor on 5/5/2014; Chapter #334.

Effective Date: October 1, 2014
For more information, please contact: Delora Sanchez

HB295 Maryland Minimum Wage Act of 2014

Incrementally increasing the State minimum wage rate to $10.10 beginning July 1, 2018; authorizing specified employers to pay employees under the age of 20 years a specified wage under specified circumstances; requiring the Department of Health and Mental Hygiene to increase reimbursement of community providers serving individuals with developmental disabilities; requiring the Governor, in specified fiscal years, to include in a specified budget proposal specified funding increases; etc.

HB 295 Signed by the Governor on 5/5/2014; Chapter #262.

Effective Date: July 1, 2014
For more information, please contact: Delora Sanchez

HB579 Commissioner of Labor and Industry - Authority - Enforcement of Local Minimum Wage Laws

Requiring the Commissioner of Labor and Industry to enforce a local minimum wage law; specifying that the Commissioner has the same powers and duties in enforcing a local minimum wage law as the Commissioner has to enforce specified provisions of State law; authorizing the Commissioner, on the Commissioner's own initiative or on receipt of a written complaint, to investigate whether a local minimum wage law has been violated; etc.

HB 579 Signed by the Governor on 5/5/2014; Chapter #411.

Effective Date: June 1, 2014
For more information, please contact: Delora Sanchez

HB710/SB483 Labor and Employment - Nursing Homes and Health Care Facilities - Workplace Safety Assessment and Safety Program

Requiring specified nursing homes to assign to an appropriate committee the task of conducting an annual assessment of workplace safety issues and making recommendations; requiring the committee to consult specified employees of the nursing home; requiring a specified health care facility to establish a workplace safety committee; requiring a workplace safety committee to establish a workplace safety program including specified components; etc.

HB 710 Signed by the Governor on ; Chapter #.
SB 483 Signed by the Governor on ; Chapter #.

Effective Date: October 1, 2014
For more information, please contact: Delora Sanchez

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