2015 SESSION OF THE
MARYLAND GENERAL ASSEMBLY
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| 2015 SESSION OF THE |
| Volume 21, Number 3 | February 26, 2015 |
Here are some of the hot issues as the 2015 Legislative Session develops:
Johns Hopkins Students Participate in Independent Higher Ed Day
Self-Referral Meeting
Governor Announces ?Green Bag? Appointments
Sellinger Budget Analysis
Senate Finance Committee Chairman Visits APL
BILLS INTRODUCED
Behavioral Health HB745/SB516 Public Health - Overdose Response Program Authorizing specified advanced practice nurses, in addition to specified nurse practitioners and pharmacists, to conduct specified overdose prevention educational training programs; altering the circumstances under which specified employees or volunteers may conduct the training programs; authorizing specified individuals to prescribe and dispense naloxone to specified certificate holders directly or under a specified standing order under specified circumstances; etc. Hearing Date: Tue 3/3 1:00 PM Effective Date: October 1, 2015 HB861 Public Health - Opioid Maintenance Programs - Licensing Requiring that regulations adopted by the Secretary of Health and Mental Hygiene include a requirement that the process for approval of a license for an opioid maintenance program include the number of existing slots in programs in a catchment area and the number of individuals in need of specified services in a catchment area, the severity of drug-related crime in a catchment area, the population at risk of opioid addiction in a catchment area, and the need for an opiod maintenance program in a specified catchment area; etc. Hearing Date: Tue 3/3 1:00 PM Effective Date: October 1, 2015 HB896/SB607 Maryland Opioid Use Disorder Consortium Establishing the Maryland Opioid Use Disorder Consortium; providing for the composition, cochairs, and staffing of the Consortium; requiring the Consortium to develop, monitor implementation of, and revise a strategic statewide plan to treat and reduce opioid use disorders in the State through a specified process; etc. Hearing Date: Tue 3/3 1:00 PM Effective Date: June 1, 2015 HB898 Civil Actions - Immunity From Liability - Emergency Medical Care for Drug Overdose Providing immunity from civil liability for a specified person administering medications or treatment in response to an apparent drug overdose if the person is trained and certified under specified protocols established by the Secretary of Health and Mental Hygiene; extending immunity under the Act to a corporation when its fire department personnel are immune under the Act; and applying the Act prospectively. Hearing Date: Wed 3/11 1:00 PM Effective Date: October 1, 2015 HB926/SB321 Baltimore City and Baltimore County - Police Mental Health Units - Pilot Program Requiring, on or before June 1, 2016, the Baltimore City and Baltimore County police departments to establish mental health units; requiring a mental health unit to consist of at least six officers who are specially trained to understand the needs of mentally ill individuals; requiring the training to be developed in consultation with the Behavioral Health Administration in the Department of Health and Mental Hygiene; establishing the purpose and goals of a mental health unit; and terminating the Act after June 30, 2019. Hearing Date: Tue 3/10 1:00 PM Effective Date: October 1, 2015 HB971 Public Health - Substance Abuse Treatment Outcomes Partnership Fund Altering the definition of "eligible populations" to allow funds from the Substance Abuse Treatment Outcomes Partnership Fund to be used for services provided to drug offenders under the supervision of the problem solving courts; altering the information an applicant is required to include in a request for Partnership funding; authorizing a participating county, under specified circumstances, to use Partnership funding to continue or expand funding for eligible functions; etc. Hearing Date: Tue 3/3 1:00 PM Effective Date: October 1, 2015 HB975/SB430 Maryland Medical Assistance Program - Mental Health and Substance Use Disorder Benefits - Parity Providing that specified provisions of law apply to mental health and substance use disorder benefits provided by the Maryland Medical Assistance Program or administered by an administrative services organization; requiring the Department of Health and Mental Hygiene to use the standards used to determine compliance with the federal Mental Health Parity and Addiction Equity Act in determining compliance with a specified provision of law; etc. Hearing Date: Tue 3/10 1:00 PM Effective Date: October 1, 2015 HB976 Task Force to Study the Impact of Methadone Clinics on Surrounding Communities and Businesses Establishing a Task Force to Study the Impact of Methadone Clinics on Surrounding Communities and Businesses; establishing the membership of the Task Force; requiring the chair of the Task Force to be elected from among its members; providing that the Task Force shall be staffed by the Department of Health and Mental Hygiene; establishing duties of the Task Force; requiring the Task Force to report its findings and recommendations to the Governor and the General Assembly on or before December 1, 2015; etc. Hearing Date: Tue 3/3 1:00 PM Effective Date: July 1, 2015 HB1026/SB318 Community Mental Health Services - Telemental Health Services - Psychiatric Nurse Practitioners Requiring that regulations adopted by the Secretary of Health and Mental Hygiene under a specified provision of law allow psychiatric nurse practitioners to provide and receive reimbursement from State and federal funds for telemental health services. Hearing Date: Thu 2/26 1:00 PM Effective Date: July 1, 2015 HB1029/SB327 Public Health - Substance Use Disorders Requiring the Secretary of Health and Mental Hygiene to adopt regulations setting standards that use the American Society of Addiction Medicine criteria for treatment, care, and rehabilitation of individuals with a substance use disorder. Hearing Date: Tue 3/3 1:00 PM Effective Date: October 1, 2015 HB1041 Public Health - Opioids Time-Lock Dispenser Pilot Program Requiring the Secretary of Health and Mental Hygiene to establish a specified opioids time-lock dispenser pilot program; requiring the Secretary to adopt specified regulations to carry out the pilot program; prohibiting the regulations from requiring that an individual pay a fee in order to get a time-lock dispenser; requiring the Secretary to submit a report annually to the Governor and the General Assembly on the progress of the pilot program; etc. Hearing Date: Fri 3/13 1:00 PM Effective Date: October 1, 2015 HB1109 Behavioral Health Administration - Powers, Duties, and Responsibilities Establishing specified powers, duties, and responsibilities of the Director of the Behavioral Health Administration in the Department of Health and Mental Hygiene; requiring the Secretary of Health and Mental Hygiene to provide specified facilities for specified purposes to the extent of specified funds; establishing specified duties of the Behavioral Health Administration; requiring the Secretary to adopt specified regulations; prohibiting discrimination against specified individuals by specified hospitals or programs; etc. Hearing Date: Tue 3/17 1:00 PM Effective Date: October 1, 2015 SB469/HB367 Public Health - Maryland Behavioral Health Crisis Response System Altering the name of the Maryland Mental Health Crisis Response System to the Maryland Behavioral Health Crisis Response System; requiring the Crisis Response System to evaluate the outcomes of services through the annual collection of data on behavioral health calls received by police, attempted and completed suicides, unnecessary hospitalizations, hospital diversions, arrests and detentions and diversions of arrests and detentions of individuals with behavioral health diagnoses; etc. Hearing Date: Wed 3/11 1:00 PM Effective Date: October 1, 2015 SB757 Public Health - Drug Overdose Prevention Authorizing an advanced nurse practitioner, instead of a specified nurse practitioner, and a pharmacist to conduct specified overdose prevention educational training programs; altering the circumstances under which specified employees or volunteers may conduct the training programs; authorizing specified individuals to prescribe and dispense naloxone to specified certificate holders by issuing a specified standing order; etc. Hearing Date: Effective Date: October 1, 2015 [GO TO TOP] [GO TO BILL LIST] SB374/HB405 Maryland False Claims Act Prohibiting specified actions constituting false claims against a governmental entity; providing specified penalties for making false claims; requiring the court to consider and give special attention to specified factors in determining the amount of fines and penalties to be levied under the Act; authorizing a person and the governmental entity to file a civil action against a person that makes a specified false claim under specified circumstances; providing that the Act does not apply to specified claims, records, or statements; etc. Hearing Date: Wed 2/25 1:00 PM Effective Date: October 1, 2015 [GO TO TOP] [GO TO BILL LIST] HB1006/SB572 Hospitals - Designation of Caregivers Requiring a hospital to provide a specified patient or the legal guardian of the patient with a specified number of opportunities to designate a caregiver within a specified number of hours after the entrance of the patient to the hospital and before the patient is discharged from the hospital; requiring a hospital to document in a patient's medical record specified information; etc. Hearing Date: Thu 3/12 1:00 PM Effective Date: October 1, 2015 [GO TO TOP] [GO TO BILL LIST] SB513/HB613 Hospitals - Rate-Setting - Participation in 340B Program Under the Federal Public Health Service Act Altering the definition of "hospital services" to include a specified hospital outpatient service of a specified hospital for the purpose of allowing the hospital outpatient service to continue to participate in the federal 340B Program under rates set by the State Health Services Cost Review Commission. Hearing Date: Thu 3/12 1:00 PM Effective Date: October 1, 2015 SB795 Health Care Facilities - Cost of Residents' Care - Determination and Payment of Funds Authorizing a comprehensive care facility or an extended care facility to petition the appropriate circuit court for an order permitting the facility to request a determination of the funds available to pay for the cost of a resident's care from the medical assistance program and to obtain specified information; requiring the circuit court to issue a specified order under specified circumstances; etc. Hearing Date: Effective Date: October 1, 2015 [GO TO TOP] [GO TO BILL LIST] HB805/SB49 State Board of Professional Counselors and Therapists - Examination of Applicants, Licensees, Certificate Holders, and Trainees Requiring the State Board of Professional Counselors and Therapists to require applicants, licensees, certificate holders, and trainees to submit to a mental health or physical examination under specified circumstances; providing that applicants, licensees, certificate holders, or trainees are deemed to have waived a claim of privilege under specified circumstances; providing that a specified report or testimony of a health care practitioner is confidential, except under specified circumstances; etc. Hearing Date: Mon 3/9 1:00 PM Effective Date: October 1, 2015 HB908/SB617 Criminal Law - Professional Counselors and Therapists - Misconduct (Lynette's Law) Prohibiting a specified professional counselor or therapist from engaging in a sexual act, sexual contact, or vaginal intercourse with a person who is receiving counseling from the professional counselor or therapist or received counseling from the professional counselor or therapist within the 2 years preceding the sexual act or sexual contact; etc. Hearing Date: Tue 3/17 1:00 PM Effective Date: October 1, 2015 HB999/SB723 Nurse Practitioner Full Practice Authority Act of 2015 Repealing a prohibition against a certified nurse practitioner practicing in the State unless the nurse practitioner has an approved attestation that the nurse practitioner has an agreement for collaboration and consulting with a specified physician and will practice in accordance with specified standards; requiring a nurse practitioner to practice in accordance with specified standards; repealing a requirement that the State Board of Nursing maintain a specified attestation; etc. Hearing Date: Tue 3/10 1:00 PM Effective Date: October 1, 2015 SB49/HB805 State Board of Professional Counselors and Therapists - Examination of Applicants, Licensees, Certificate Holders, and Trainees Requiring the State Board of Professional Counselors and Therapists to require applicants, licensees, certificate holders, and trainees to submit to a mental health or physical examination under specified circumstances; providing that applicants, licensees, certificate holders, or trainees are deemed to have waived a claim of privilege under specified circumstances; providing that a specified report or testimony of a health care practitioner is confidential, except under specified circumstances; etc. Hearing Date: Wed 2/11 1:00 PM Effective Date: October 1, 2015 SB617/HB908 Criminal Law - Professional Counselors and Therapists - Misconduct (Lynette's Law) Prohibiting a specified professional counselor or therapist from engaging in a sexual act, sexual contact, or vaginal intercourse with a person who is receiving counseling from the professional counselor or therapist or received counseling from the professional counselor or therapist within the 2 years preceding the sexual act or sexual contact; etc. Hearing Date: Wed 3/4 1:00 PM Effective Date: October 1, 2015 [GO TO TOP] [GO TO BILL LIST] HB534 Health Insurance - Coverage of Brand Name Prescription Drugs for Mental Health Treatment Requiring specified health insurance entities to establish and implement a specified procedure that provides for coverage of prescription drugs prescribed for the treatment of a mental disease or condition under specified conditions; prohibiting specified health insurance entities from imposing specified cost-sharing requirements on coverage for specified brand name prescription drugs that are less favorable to a member than the cost-sharing requirements that apply to coverage for specified equivalent generic prescription drugs; etc. Hearing Date: Thu 3/12 1:00 PM Effective Date: October 1, 2015 HB700/SB436 Maryland Insurance Commissioner - Prior Approval Rate Making - Exemptions Exempting from the prior approval rate making process specified kinds of insurance and specified types of insurance coverage. Hearing Date: Thu 2/26 1:00 PM Effective Date: October 1, 2015 HB759 Health Insurance - Small Employer Health Benefit Plan Premium Subsidy Program - Repeal Repealing the Small Employer Health Benefit Plan Premium Subsidy Program; repealing provisions of law relating to the purposes, administration, subsidies, and funding for the Program; repealing a requirement that the Maryland Health Care Commission adopt regulations for the Program; repealing eligibility requirements for the Program; repealing provisions of law relating to the calculation of subsidies under the Program; etc. Hearing Date: Wed 3/4 1:00 PM Effective Date: June 1, 2016 HB887/SB606 Health Insurance - Abuse-Deterrent Opioid Analgesic Drug Products - Coverage Requiring insurers, nonprofit health service plans, and health maintenance organizations to provide coverage for abuse-deterrent opioid analgesic drug products; prohibiting the insurers, nonprofit health service plans, and health maintenance organizations from imposing limits or cost-sharing requirements on coverage for abuse-deterrent opioid analgesic drug products that are less favorable to an insured or an enrollee than the limits or cost sharing that apply to coverage for any other opioid analgesic drug product; etc. Hearing Date: Wed 3/4 1:00 PM Effective Date: October 1, 2015 HB949/SB471 Task Force to Study the Provision of Health Care Coverage to Uninsured Marylanders Establishing the Task Force to Study the Provision of Health Care Coverage to Uninsured Marylanders; providing for the composition, chair, staffing, and duties of the Task Force; establishing the purpose of the Task Force; requiring the Task Force to submit a final report on its recommendations and finding to the Senate Finance Committee and the House Health and Government Operations Committee on or before January 1, 2017; etc. Hearing Date: Thu 3/12 1:00 PM Effective Date: July 1, 2015 HB990/SB834 Maryland Health Benefit Exchange - Qualified Health Plans - Standards Altering specified requirements for certification as a qualified health plan in the Maryland Health Benefit Exchange; prohibiting a qualified health plan from using a benefit design or implementing a benefit design in a manner that discriminates in a specified manner; prohibiting specified carriers from making specified formulary changes during a specified period; etc. Hearing Date: Thu 3/12 1:00 PM Effective Date: July 1, 2015 HB1010/SB586 Health Insurance - Federal and State Mental Health and Addiction Parity Laws - Report on Compliance Requiring health maintenance organizations, insurers, and nonprofit health service plans that offer specified contracts and health benefit plans to submit to the Maryland Insurance Commissioner a report certifying and outlining how designated contracts and health benefit plans comply with the federal Mental Health Parity and Addiction Equity Act and State mental health and addiction parity laws; requiring the report to be submitted on specified dates by a specified person and to include specified information; etc. Hearing Date: Thu 2/26 1:00 PM Effective Date: October 1, 2015 SB703/HB552 Health Insurance - Medical Stop-Loss Insurance - Small Employers Altering, with a specified exception, the attachment points above which a medical stop-loss insurer assumes liability for losses incurred by an insured; applying the altered attachment points to renewal of a policy or contract of medical stop-loss insurance; prohibiting a medical stop-loss insurer, for a specified stop-loss insurance policy or contract, from taking specified actions; requiring a medical stop-loss insurer, for a specified stop-loss insurance policy or contract, to guarantee specified rates; etc. Hearing Date: Wed 3/4 1:00 PM Effective Date: June 1, 2015 SB803/HB1157 Health Insurance - Nonpreferred Providers - Assignment of Benefits, Reimbursement, and Fraudulent Insurance Acts Altering the maximum difference between the coinsurance percentage applicable to specified nonpreferred providers and the coinsurance percentage applicable to specified preferred providers; altering the reimbursement amount payable by specified insurers to specified on-call physicians and hospital-based physicians who are nonpreferred providers; etc. Hearing Date: Effective Date: July 1, 2015 [GO TO TOP] [GO TO BILL LIST] HB683 Health Occupations - Magnetic Resonance Imaging Services and Computed Tomography Scan Services - Patient Referrals Authorizing, under specified circumstances, a health care practitioner to refer or direct specified other persons to refer a patient for magnetic resonance imaging services or computed tomography scan services to a health care entity to which the patient otherwise could not be referred under a specified provision of law; requiring a health care practitioner, under specified circumstances, to include specified information in the written notice required under a specified provision of law; etc. Hearing Date: Mon 3/16 1:00 PM Effective Date: October 1, 2015 HB592/SB415 State Donor Registry - Methods of Registration - Clerks of Circuit Courts, Registers of Wills, and Motor Vehicle Administration (Enhancing Organ Donation Rates Act) Requiring the clerks of the circuit courts and registers of wills to provide a method by which specified individuals can register with the State donor registry for a specified purpose; requiring, under specified circumstances, the clerks of the circuit courts and the registers of wills to transfer specified information received by the clerks of the circuit courts or registers of wills to the State donor registry; etc. Hearing Date: Tue 2/24 1:00 PM Effective Date: October 1, 2015 HB973 Local AIDS Prevention Sterile Needle and Syringe Exchange Programs Repealing a requirement that an AIDS Prevention Sterile Needle and Exchange Program may only be established in the Prince George's County Health Department; authorizing the establishment of an AIDS Prevention Sterile Needle and Syringe Exchange Program by specified entities in any jurisdiction; repealing a requirement that the Program provide for the exchange of used hypodermic needles and syringes on a one-for-one basis; etc. Hearing Date: Tue 3/3 1:00 PM Effective Date: October 1, 2015 HB978 HIV Testing - Informed Consent and Pretest Requirements - Modification Altering specified requirements on health care providers before obtaining specified samples for the purpose of HIV testing; requiring a health care provider to make available specified materials and specified language assistance to specified individuals; etc. Hearing Date: Tue 3/10 1:00 PM Effective Date: October 1, 2015 HB984/SB512 Hepatitis C - Opportunity for Testing and Follow-Up Health Care Requiring hospitals and specified health care practitioners who provide specified care in specified health care facilities to offer, to the extent practicable, specified individuals a hepatitis C screening test or a hepatitis C diagnostic test; etc. Hearing Date: Tue 3/10 1:00 PM Effective Date: October 1, 2015 HB1021/SB676 Richard E. Israel and Roger "Pip" Moyer Death with Dignity Act Authorizing a qualified patient to request aid in dying by making specified requests; prohibiting an individual from requesting aid in dying on behalf of a patient; requiring a written request for aid in dying to meet specified requirements; establishing specified requirements for witnesses to a written request for aid in dying; requiring a written request for aid in dying to be in a specified form; requiring an attending physician who receives a written request for aid in dying to make a specified determination; etc. Hearing Date: Fri 3/6 1:30 PM Effective Date: October 1, 2015 HB1106 Public Health - Electronic Advance Directives - Witness Requirements Prohibiting a specified witness from being required to be physically present at the time a declarant signs or acknowledges the declarant's signature on an electronic advance directive. Hearing Date: Effective Date: October 1, 2015 HB1122/SB792 Public Health - Nondiscrimination in Access to Anatomical Gifts and Organ Transplantation Prohibiting specified entities from taking specified actions regarding organ transplantation and anatomical gifts solely on the basis of an individual's disability; authorizing, under specified circumstances, specified entities to take an individual's disability into account when making specified recommendations or decisions; requiring, except under specified circumstances, specified entities to take specified steps to ensure that an individual with a disability is not denied specified services; etc. Hearing Date: Effective Date: Upon Enactment SB37/HB108 Tobacco Taxes - Healthy Maryland Initiative Altering specified fees for licenses for tobacco manufacturers, retailers, and storage warehouses; altering specified fees for licenses for other tobacco products manufacturers, retailers, tobacconists, and storage warehouses; requiring a specified level of funding for the Tobacco Use Prevention and Cessation Program; altering the tobacco tax rates on cigarettes and other tobacco products; requiring a person to obtain specified permits before selling and shipping directly to a consumer in the State; etc. Hearing Date: Wed 2/4 2:00 PM Effective Date: July 1, 2015 SB156/HB823 Department of Health and Mental Hygiene - Establishment of a Sickle Cell Disease Outreach Program Requiring the Department of Health and Mental Hygiene to establish, before June 1, 2016, a specified sickle cell disease outreach program; requiring that the program provide specified programs, support, and services. Hearing Date: Wed 2/25 1:00 PM Effective Date: June 1, 2015 SB796/HB1143 Public Health - Maryland AIDS Drug Assistance Program - Expansion of Eligibility and Services - Pharmaceutical Rebate Coverage Authorizing any rebates received by the Department of Health and Mental Hygiene from the Maryland AIDS Drug Assistance Program to be used to provide specified services to eligible individuals under Part B of the federal Ryan White HIV/AIDS Program. Hearing Date: Effective Date: July 1, 2015 [GO TO TOP] [GO TO BILL LIST] HB1021/SB676 Richard E. Israel and Roger "Pip" Moyer Death with Dignity Act Authorizing a qualified patient to request aid in dying by making specified requests; prohibiting an individual from requesting aid in dying on behalf of a patient; requiring a written request for aid in dying to meet specified requirements; establishing specified requirements for witnesses to a written request for aid in dying; requiring a written request for aid in dying to be in a specified form; requiring an attending physician who receives a written request for aid in dying to make a specified determination; etc. Hearing Date: Fri 3/6 1:30 PM Effective Date: October 1, 2015 HB1106 Public Health - Electronic Advance Directives - Witness Requirements Prohibiting a specified witness from being required to be physically present at the time a declarant signs or acknowledges the declarant's signature on an electronic advance directive. Hearing Date: Effective Date: October 1, 2015 [GO TO TOP] [GO TO BILL LIST] HB490 Natalie M. LaPrade Medical Marijuana Commission - Miscellaneous Revisions Altering the purpose of the Natalie M. LaPrade Medical Marijuana Commission; increasing and altering the membership of the Commission; requiring an application submitted by an academic medical center to include documentation that the center will operate according to the academic medical center's standard operating procedures, including procedures related to patient care, provider education and training, diversion, confidentiality, data collection, safety, and security; etc. Hearing Date: Tue 3/3 1:00 PM Effective Date: Upon Enactment HB105 Criminal Law - Drug Paraphernalia Possession With Marijuana - Civil Offense Altering the penalty for the possession or use of drug paraphernalia involving the use or possession of less than 10 grams of marijuana; making the use or possession of drug paraphernalia under specified circumstances a civil offense; establishing that a person who violates the Act may be issued a specified citation; requiring the court to summon a specified person to appear in court under specified circumstances; etc. Hearing Date: Tue 2/24 1:00 PM Effective Date: October 1, 2015 HB433 Marijuana Laws - Full Disclosure of Legal, Employment, and Health Risks Requiring the Office of the Attorney General, at least 90 days before the implementation of any law that reduces penalties for or legalizes the use of marijuana, to establish an information system, including the creation of a Web site and public service announcements for radio, television, newspapers, and billboards, to notify the public of the risks related to the change in the law. Hearing Date: Tue 2/24 1:00 PM Effective Date: October 1, 2015 HB495 Criminal Law - Possession of Less Than 10 Grams of Marijuana - Code Violation Specifying that a person who violates a specified provision of law involving the use or possession of marijuana in the amount of 10 grams or more is guilty of the misdemeanor of possession of marijuana; altering a specified provision of law so as to provide that a finding of guilt, rather than a violation, of a specified provision of law is a civil offense punishable by a specified fine; establishing procedures for a Code violation proceeding for the use or possession of less than 10 grams of marijuana; etc. Hearing Date: Tue 2/24 1:00 PM Effective Date: October 1, 2015 HB911/SB531 Marijuana Control and Revenue Act of 2015 Repealing specified criminal and civil prohibitions against the use and possession of marijuana; establishing specified exemptions from prosecution for specified persons for using, obtaining, purchasing, transporting, or possessing marijuana under specified circumstances; providing exemptions from prosecution for specified retailers, marijuana product manufacturers, marijuana cultivation facilities, and safety compliance facilities under specified circumstances; establishing a specified affirmative defense; etc. Hearing Date: Tue 2/24 1:00 PM Effective Date: October 1, 2015 HB1068 Natalie M. LaPrade Medical Marijuana Commission - Nonresident Cardholders Requiring the Natalie M. LaPrade Medical Marijuana Commission to issue, in a specified manner, a specified confirmation of registration to a nonresident cardholder within a specified time period under specified circumstances; requiring the Commission to adopt specified regulations; providing that a nonresident cardholder may obtain medical marijuana only from specified growers and dispensaries; etc. Hearing Date: Tue 3/3 1:00 PM Effective Date: October 1, 2015 [GO TO TOP] [GO TO BILL LIST] HB858/SB141 Maryland Medical Assistance Program - Former Foster Care Adolescents - Dental Care Requiring the Maryland Medical Assistance Program, subject to the limitations of the State budget, and as permitted by federal law, to provide dental care for former foster care adolescents who, on their 18th birthday, were in foster care under the responsibility of another state or the District of Columbia. Hearing Date: Tue 3/10 1:00 PM Effective Date: October 1, 2015 SB218 Medical Assistance Program - Home- and Community-Based Services Waiver - Priority for Services Prohibiting the Department of Health and Mental Hygiene from placing specified individuals on a waiting list for specified services or giving priority to specified individuals to receive specified services based on the setting in which the individual is residing at the time of a specified determination; etc. Hearing Date: Thu 2/19 1:00 PM Effective Date: October 1, 2015 SB431/HB355 Public Health - Dental Services for Adults - Coverage and Access Requiring, beginning July 1, 2016, the Maryland Medical Assistance Program to provide dental services to postpartum women during a specified period; requiring that specified dental services for postpartum women be included as a benefit under a specified program under the Program; requiring the Department of Health and Mental Hygiene, in conjunction with specified entities, to work with stakeholders to identify specified options for expanding access to dental services; etc. Hearing Date: Wed 3/11 1:00 PM Effective Date: October 1, 2015 [GO TO TOP] [GO TO BILL LIST] HB547 Medical Liability Efficiency Act of 2015 Repealing provisions relating to the Health Care Alternative Dispute Resolution Office; prohibiting a person from bringing an action against a health care provider for a medical injury unless the person provides to the health care provider a specified notice, medical records, and releases at least 90 days in advance of the action; terminating the Health Claims Arbitration Fund; altering the content of specified certificates of a qualified expert; etc. Hearing Date: Wed 3/11 1:00 PM Effective Date: July 1, 2015 HB553/SB585 Maryland No-Fault Injured Baby Fund Establishing a system for adjudication of a claim involving a birth-related neurological injury; excluding specified rights and remedies of a claimant and specified other persons; providing for specified procedures; providing for specified benefits and compensation of a claimant under the Act; establishing the Maryland No-Fault Injured Baby Fund; providing for specified premiums and insurance surcharges to be used to finance and administer the Fund; etc. Hearing Date: Mon 3/16 1:00 PM Effective Date: July 1, 2015 HB817 Health Care Malpractice - Limitation on Noneconomic Damages Decreasing a specified limitation on noneconomic damages in health care malpractice claims arising on or after October 1, 2015, to $500,000; etc. Hearing Date: Wed 3/11 1:00 PM Effective Date: October 1, 2015 SB143 Health Care Malpractice Claims - Notice of Intent Requiring a claimant to send a notice of intent to file a claim to a health care provider at least 180 days before filing a claim with the Director of the Health Care Alternative Dispute Resolution Office against the health care provider for a medical injury; requiring the notice of intent to contain specified information and to be sent by certified and first-class mail; authorizing the Director to waive the notice requirement on motion and for good cause shown; applying the Act prospectively; etc. Hearing Date: Tue 2/10 1:00 PM Effective Date: October 1, 2015 SB188/HB402 Task Force to Study the Establishment of Health Courts Establishing the Task Force to Study the Establishment of Health Courts; requiring the Task Force to study the adequacy and cost of State laws and policies relating to the litigation of medical malpractice cases and make recommendations regarding the establishment of health courts to hear medical malpractice cases and the feasibility of assigning a medical malpractice case to a single judge throughout the litigation process; requiring the Task Force to report to the Governor and General Assembly by December 31, 2015; etc. Hearing Date: Tue 3/10 1:00 PM Effective Date: June 1, 2015 SB479 Civil Actions - Noneconomic Damages - Catastrophic Injury Altering the maximum amount of noneconomic damages that may be recovered in health care malpractice and other civil actions for a catastrophic injury under specified circumstances; etc. Hearing Date: Wed 2/25 1:00 PM Effective Date: October 1, 2015 HB107 Medical Professional Liability Insurance for Nonprofit Health Care Providers MC 4-15 Requiring counties to provide medical professional liability insurance for specified nonprofit health care providers in the amount of $200,000 per occurrence or claim, and $500,000 per total claims that arise from the same occurrence; etc. Hearing Date: Effective Date: October 1, 2015 HB402/SB188 Task Force to Study the Establishment of Health Courts Establishing the Task Force to Study the Establishment of Health Courts; providing for the composition, chair, and staffing of the Task Force; requiring the Task Force to study the adequacy and cost of State laws and policies relating to the litigation of medical malpractice cases and make recommendations regarding the establishment of health courts to hear medical malpractice cases and the feasibility of assigning a medical malpractice case to a single judge throughout the litigation process; etc. Hearing Date: Wed 3/11 1:00 PM Effective Date: June 1, 2015 HB601 Medical Marijuana - 30-Day Supply - Adequacy and Possession Providing that a written certification may include a specified statement from a certifying physician related to a 30-day supply of medical marijuana; providing that a qualifying patient in possession of an amount of medical marijuana that is greater than a 30-day supply may not be subject to arrest, prosecution, specified penalties, specified discipline, or be denied any right or privilege under specified circumstances; etc. Hearing Date: Tue 3/3 1:00 PM Effective Date: October 1, 2015 HB724/SB569 Health Care Provider Malpractice Insurance - Scope of Coverage Repealing a prohibition on the inclusion, in a policy that insures a health care provider against damages due to medical injury arising from providing or failing to provide health care, of coverage for the defense of a health care provider in a specified disciplinary hearing; etc. Hearing Date: Thu 2/26 1:00 PM Effective Date: October 1, 2015 SB127 Health Care Malpractice - Certificate and Report of Qualified Expert - Objection Establishing when objections to a certificate of a qualified expert or expert report must be filed in health care malpractice cases; and requiring a party to file a legally sufficient certificate of a qualified expert and report within 30 days after an arbitration panel chairman or the court rules a certificate or report legally insufficient. Hearing Date: Tue 2/10 1:00 PM Effective Date: June 1, 2015 SB187 Governor's Workforce Investment Board - Workgroup to Study Access to Obstetric Services Requiring the Governor's Workforce Investment Board to coordinate with the Secretary of Health and Mental Hygiene, health occupations boards, and specified other parties to establish a workgroup to study access to obstetric services in the State by developing a specified mechanism to evaluate specified factors; and requiring a specified workgroup to report to specified committees of the General Assembly on or before December 1 of each year. Hearing Date: Thu 3/5 1:00 PM Effective Date: June 1, 2015 SB399 Health Care Malpractice Claims - Use of Clinical Practice Guidelines Requiring a claim for damages due to medical injury to be referred to the Director of the Health Care Alternative Dispute Resolution Office to select an independent medical review panel if a defendant asserts as a defense that specified clinical practice guidelines apply and the defendant acted in accordance with the guidelines; requiring the Secretary of Health and Mental Hygiene to adopt regulations establishing clinical practice guidelines for obstetrical and gynecological services; etc. Hearing Date: Wed 2/25 1:00 PM Effective Date: July 1, 2015 [GO TO TOP] [GO TO BILL LIST] HB181/SB69 State Board of Pharmacy - Sterile Compounding - Compliance by Nonresident Pharmacies and Repeal of Permit Requirement Repealing the requirement that specified entities hold a sterile compounding permit issued by the State Board of Pharmacy before engaging in activities relating to sterile compounding; repealing the requirement that a person that prepares and distributes sterile drug products into or within the State hold a specified permit; repealing the qualifications, fees, and other requirements for applying for a sterile compounding permit; making the Act an emergency measure; etc. Hearing Date: Thu 2/12 1:00 PM Effective Date: Upon Enactment HB657/SB346 Pharmacists - Scope of Practice - Revisions Authorizing pharmacists to administer a drug or biological product that is prescribed by an authorized prescriber in accordance with regulations adopted by the State Board of Pharmacy; authorizing pharmacists to prescribe self-administered medications that do not require a diagnosis or that treat urgent or emergent conditions in accordance with specified protocols and specified regulations; etc. Hearing Date: Wed 3/4 1:00 PM Effective Date: October 1, 2015 HB716/SB347 Health Occupations - Prescriber-Pharmacist Agreements and Therapy Management Contracts Authorizing licensed dentists, physicians, podiatrists, nurse midwives, and nurse practitioners to enter into prescriber-pharmacist agreements for therapy management contracts; requiring the submission of specified documents to specified health occupations boards; requiring specified contracts to include specified provisions; etc. Hearing Date: Wed 3/4 1:00 PM Effective Date: October 1, 2015 HB733/SB537 Pharmacists - Substitution and Dispensing - Interchangeable Biological Products Authorizing a pharmacist to substitute an interchangeable biological product for specified prescribed products only under specified circumstances; requiring a pharmacist or a specified designee of a pharmacist to inform retail consumers of the availability of a interchangeable biological product and the approximate cost difference as compared to the brand name drug; etc. Hearing Date: Wed 3/4 1:00 PM Effective Date: October 1, 2015 [GO TO TOP] [GO TO BILL LIST] HB1057 Criminal Law - Synthetic Cannabinoids - Prohibition Authorizing a specified authorized provider to conduct research in the State with specified controlled dangerous substances not scheduled under federal law under specified circumstances; listing synthetic cannabinoids on Schedule I to designate controlled dangerous substances that may not be legally used, possessed, or distributed; defining a specified term; requiring the Department of State Police to report to the General Assembly on or before July 1, 2016; etc. Hearing Date: Tue 2/24 1:00 PM Effective Date: October 1, 2015 [GO TO TOP] [GO TO BILL LIST] HB244/SB526 Maryland Second Chance Act of 2015 Authorizing a person to petition the court to shield court records and police records relating to shieldable convictions no earlier than 3 years after the person satisfies the sentence imposed for all convictions; providing that, if a person is convicted of a new crime during a specified time period, the original conviction is not eligible for shielding unless the new conviction becomes eligible for shielding; providing that a person is not eligible for shielding if the person is a defendant in a pending criminal proceeding; etc. Hearing Date: Thu 2/26 1:00 PM Effective Date: October 1, 2015 SB526/HB244 Maryland Second Chance Act of 2015 Authorizing a person to petition the court to shield court records and police records relating to specified convictions at a specified time; providing that, if a person is convicted of a new crime during a specified time period, the original conviction is not eligible for shielding unless the new conviction becomes eligible for shielding; providing that a person is not eligible for shielding if the person is a defendant in a pending criminal proceeding; etc. Hearing Date: Thu 2/19 1:00 PM Effective Date: October 1, 2015 HB124/SB651 Criminal Procedure - Expungement - Conviction of a Crime That Is No Longer a Crime Authorizing a person to file a petition for expungement if the person was convicted of a crime and the act on which the conviction was based is no longer a crime. Hearing Date: Tue 2/24 1:00 PM Effective Date: October 1, 2015 HB249 Labor and Employment - Labor Organizations - Right to Work Prohibiting an employer from requiring, as a condition of employment or continued employment, an employee or a prospective employee to join or remain a member of a labor organization, pay charges to a labor organization, or pay a specified amount to a third party under specified circumstances; prohibiting an employer from threatening an employee or a prospective employee with specified action; providing that a specified violation of law is a misdemeanor and is subject to specified penalties; etc. Hearing Date: Tue 2/24 1:00 PM Effective Date: October 1, 2015 HB304/SB652 Criminal Procedure - Expungement of Records Repealing a provision of law that provides that a person is not entitled to expungement of the person's record if the petition for expungement is based on a specified case disposition and the person, since the disposition, has been convicted of a crime other than a minor traffic violation. Hearing Date: Thu 2/26 1:00 PM Effective Date: October 1, 2015 HB345 Labor and Employment - Flexible Leave - Use of Leave for Family Illness Providing that an agreement between an employer and employee to waive the employee's right to use flexible leave for illness of the employee's immediate family is void; and prohibiting an employer from discharging, demoting, suspending, disciplining or discriminating against an employee or threatening to take any of these actions against an employee because the employee requested flexible leave. Hearing Date: Fri 2/27 1:00 PM Effective Date: October 1, 2015 HB374/SB168 Criminal Procedure - Expungement - Marijuana Possession Authorizing a person to file a specified petition for expungement if the person was convicted of a specified crime involving the use or possession of less than 10 grams of marijuana; and excluding specified charges involving less than 10 grams of marijuana that arise from the same incident, transaction, or set of facts as another charge from a specified unit for the purposes of a specified petition for expungement. Hearing Date: Tue 2/24 1:00 PM Effective Date: October 1, 2015 HB619 Income Tax Credit - Flexible Workweek Allowing specified business entities a credit against the State income tax for the cost of providing a flexible workweek to the employees of the business entity in the State; requiring that a specified number of a business entity's full-time employees in the State work a flexible workweek in order to claim the credit; providing that the credit may not exceed $5,000; applying the Act to tax years beginning after December 31, 2014; etc. Hearing Date: Tue 2/24 1:00 PM Effective Date: July 1, 2015 HB791/SB388 Criminal Procedure - Expungement - Restorative Justice Programs Adding community conferencing, community mediation, and similar agreements to the list of requirements for the entering of a nolle prosequi or stet for which a petition for expungement of court, police, and other governmental records may be filed; prohibiting the filing of a specified petition for expungement until community conferencing, community mediation, or specified other agreements are completed under specified circumstances; prohibiting expungement under specified circumstances; etc. Hearing Date: Thu 2/26 1:00 PM Effective Date: October 1, 2015 HB904 Criminal Procedure - Expungement of Court and Police Records - Acquittal or Dismissal Requiring the expungement of specified court and police records relating to a specified criminal charge under specified circumstances; requiring a specified law enforcement unit to search for specified information and send a specified notice; requiring the Criminal Justice Information System Central Repository, a specified booking facility, and a specified law enforcement unit to search for and expunge specified information and advise a specified person in a specified manner under specified circumstances; etc. Hearing Date: Thu 2/26 1:00 PM Effective Date: October 1, 2015 HB946 Labor and Employment - Noncompete and Conflict of Interest Clauses Providing that specified noncompete and conflict of interest provisions that restrict the ability of an employee to enter into employment with a new employer in the same or similar business or trade are null and void as being against the public policy of the State. Hearing Date: Tue 3/10 1:00 PM Effective Date: October 1, 2015 HB969/SB688 Labor and Employment - Fair Scheduling Act Requiring an employer to provide employees with a specified work schedule within a specified time period, notify employees of specified changes, and provide employees with a new work schedule within 24 hours after making a change to the initial schedule; requiring an employer to conspicuously post at each work site specified work schedules; requiring an employer to pay specified predictability pay under specified circumstances; etc. Hearing Date: Tue 3/10 1:00 PM Effective Date: October 1, 2015 HB988/SB833 Procurement - Prevailing Wage Rate Law - Penalties and Liquidated Damages Increasing the penalty for specified violations of the prevailing wage rate law related to the posting of specified statements of prevailing wage rates; increasing the amount of liquidated damages for which a contractor is liable for specified violations of the prevailing wage rate law related to specified payroll records; and altering the amount of liquidated damages for which a contractor is liable when specified laborers or other employees are paid less than specified prevailing wage rates. Hearing Date: Tue 3/10 1:00 PM Effective Date: October 1, 2015 HB1027 Labor and Employment - Overwork Prohibition Act Requiring an employer to pay an employee a specified overtime wage for specified hours worked; prohibiting an employer from requiring an employee to work specified hours except under specified circumstances; authorizing an employee to decline an employer's request to work more than a specified number of consecutive days, more than a specified number of hours during a workweek, or during specified hours; requiring the Commissioner of Labor and Industry to enter a place of employment for specified purposes; etc. Hearing Date: Tue 3/10 1:00 PM Effective Date: October 1, 2015 HB1051/SB424 Labor and Employment - Equal Pay for Equal Work Altering a specified provision of law concerning equal pay for equal work to prohibit discrimination on the basis of gender identity; prohibiting an employer from discriminating between employees in any occupation by providing less favorable employment opportunities based on sex or gender identity; prohibiting an employer from taking specified actions concerning the disclosure or discussion of an employee's wages; etc. Hearing Date: Tue 3/10 1:00 PM Effective Date: October 1, 2015 HB1066 Labor and Employment - Nondisclosure Agreements - Prohibition Prohibiting specified employers from including a specified nondisclosure agreement in specified documents, requiring an employee to enter into a nondisclosure agreement, or establishing an expectation with an employee that a specified relationship exists with respect to specified information. Hearing Date: Tue 3/10 1:00 PM Effective Date: October 1, 2015 HB1072/SB784 Labor and Employment - Discrimination Based on Engagement in Lawful Activities - Prohibition Prohibiting, under specified circumstances, an employer from failing or refusing to hire, discharging, or otherwise discriminating against an applicant or employee on the basis of the applicant's or employee's engagement in a lawful activity off the employer's premises during nonworking hours; authorizing an applicant or employee aggrieved by a violation of the Act to file a civil action against the employer to obtain specified relief; providing for a specified limitations period for filing an action under the Act; etc. Hearing Date: Tue 3/10 1:00 PM Effective Date: July 1, 2015 SB16 Criminal Procedure - Expungement - Misdemeanor and Felony Convictions This bill authorizes a person convicted of a misdemeanor or felony, other than specified offenses, to file a petition for expungement of a police record, court record, or other record maintained by the State or a political subdivision of the State. A petition for expungement of a misdemeanor conviction under the bill may not be filed until at least seven years have passed since the conviction or satisfactory completion of the sentence, including probation, that was imposed for the conviction, whichever is later. A person seeking expungement of a felony conviction under the bill must wait at least 12 years after these events before filing a petition. Hearing Date: Thu 2/19 1:00 PM Effective Date: October 1, 2015 SB130 Criminal Procedure - Shielding - Misdemeanor Convictions Authorizing a person to request that specified court records and police records relating to a specified conviction be shielded at a specified time; providing that, if a specified person is convicted of a new crime during a specified time period, a specified original conviction is not eligible for shielding unless the new conviction becomes eligible for shielding; requiring the Court of Appeals, by rule, to establish procedures relating to the filing of a specified request for shielding; etc. Hearing Date: Thu 2/19 1:00 PM Effective Date: October 1, 2015 SB168/HB374 Criminal Procedure - Expungement - Marijuana Possession Authorizing a person to file a specified petition for expungement if the person was convicted of a specified crime involving the use or possession of less than 10 grams of marijuana; and excluding specified charges involving less than 10 grams of marijuana that arise from the same incident, transaction, or set of facts as another charge from a specified unit for the purposes of a specified petition for expungement. Hearing Date: Thu 2/19 1:00 PM Effective Date: October 1, 2015 SB388/HB791 Criminal Procedure - Expungement - Restorative Justice Programs Adding community conferencing, community mediation, and similar agreements to the list of requirements for the entering of a nolle prosequi or stet for which a petition for expungement of court, police, and other governmental records may be filed; prohibiting the filing of a specified petition for expungement until community conferencing, community mediation, or specified other agreements are completed under specified circumstances; prohibiting expungement under specified circumstances; etc. Hearing Date: Thu 2/19 1:00 PM Effective Date: October 1, 2015 SB527/HB42 Fair Employment Preservation Act of 2015 Providing that an employer is liable under specified circumstances in an action concerning a violation of specified provisions of employment discrimination and retaliation law based on quid pro quo harassment or the creation or continuation of harassment in a hostile work environment; and applying the Act prospectively. Hearing Date: Tue 3/3 1:00 PM Effective Date: October 1, 2015 Legislative Session Office Legislative Hotline is a service of Johns Hopkins Government Affairs. © 2015 The Johns Hopkins Institutions. Baltimore, Maryland.
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