FINAL REPORT 2019 SESSION OF THE MARYLAND GENERAL ASSEMBLY

Volume 25, Number 9

April 10, 2019

To view the legislative information below, click on the subject of interest to go directly to that area or scroll down to view the entire document. Background and summary information is provided for each subject area followed by details on the bills that passed of interest to Johns Hopkins.

FY2020 Operating Budget

Capital Budget

Behavioral Health

Economic Development

Financial Aid

General Education

Health Care Administration & Finances

Health Care Facilities

Health Care Occupations

Health Insurance/Health Care Access

Higher Education

Labor and Employment

Medicaid

Medical Liability

Prescription Drugs

Public Health

Public Safety

Research

Thank you!

Sine Die Report is issued in memory of Michael E. Busch, Speaker of the House of Delegates, 1947-2019.

At midnight on April 8, 2019, the 439th session of the General Assembly of Maryland adjourned sine die. Of the 2,481 bills and resolutions introduced, Johns Hopkins Office of State Affairs tracked 1,040 bills, actively advocated on 225 bills (individually or with our partner organizations), and formally testified on 60 bills. State Affairs also successfully advocated on behalf of six items in the operating budget and three items in the capital budget. State Affairs relies heavily on the support of leaders and experts who give selflessly of their time to assist with our advocacy.

[Back to List]

[1]|FY2020 Operating Budget

The Maryland General Assembly has given final approval to the state’s $46.7 billion operating budget, a 4.2% increase in spending over last year. The budget includes an additional $320 million for new education initiatives recommended by the Kirwan Commission, $500 million for public school construction and a $109.5 million increase in funding for public colleges and universities.

Of particular interest to Johns Hopkins:

• The Sellinger grant program was almost completely preserved, with Johns Hopkins receiving approximately $29 million;
• The Medicaid Deficit Assessment, an add-on to hospital charges, was reduced by $25 million across all hospitals, continuing a gradual reduction to complete elimination;
• The Maryland General Assembly rejected a recommendation to reduce managed care organization rates for CY 2019 by 0.5%;
• Funding is included in the budget to maintain Medicaid physician evaluation and management reimbursement rates at 93% of Medicare reimbursement;
• The Governor’s appropriation for Maryland Technology Infrastructure Fund, a primary recommendation of the Excel Maryland, was eliminated by the General Assembly;
• Research funding through the Cigarette Restitution Fund was preserved at a level even with last year.

[Back to List]

---

|Capital Budget

The $1.09 billion capital budget includes $11.6 million for four (4) MICUA capital grants, including $2.9 for the new building for the SNF Agora Institute. In addition Howard County General Hospital will receive $347,000 for its Comprehensive Breast Center; and Johns Hopkins Medicine will receive $3 million (with an additional $12 million pre-authorized for next year) to construct a new medical research facility on the East Baltimore Campus, renovating the vacated Children’s Medical and Surgical Center and constructing a north tower addition.

[Back to List]

---

|Behavioral Health

• Legislation, supported by Johns Hopkins, passed that requires certain state and local correctional facilities to assess the mental health and substance use status of each inmate within 24 hours after incarceration and make available medication-assisted treatment to an inmate if appropriate. HB116/SB846
• Legislation, supported by Johns Hopkins, passed that establishes an outpatient civil commitment program for high-need individuals with serious mental illness. HB427/SB403
• Legislation, supported by Johns Hopkins, was withdrawn that would have integrated behavioral health services provided to Medicaid enrollees under the HealthChoice managed care programs. HB846/SB482
• Legislation, opposed by Johns Hopkins, that would ban electroconvulsive therapy for minors, did not pass in committee. SB302
• Legislation, opposed by Johns Hopkins, that would list opioid use disorder as a qualifying condition for medical cannabis did not pass the House committee. HB33/SB893
• Legislation passed requiring the Prescription Drug Monitoring Program to review prescription monitoring data for indications of misuse or a possible violation of law. HB25/SB195
• Legislation, supported by Johns Hopkins, passed that establishes the Opioid Restitution Fund to retain any revenues received by the State relating to specified opioid judgments or settlements. The fund may be used only for specified opioid-related programs and services. HB1274

[Back to List]

|Economic Development

• Legislation, supported by Johns Hopkins, did not pass in committee that would have created the Maryland Technology Infrastructure Program, a key recommendation of for the Excel Maryland steering committee. HB235/SB175
• Legislation, supported by Johns Hopkins, did not pass in committee that would have provided mandatory funding for the Maryland Summer Youth Connection Program in Baltimore City. SB229
• Legislation, supported by Johns Hopkins, did not pass in committee that would have allowed an income tax credit for certain investments made to a qualified innovation business; this was also known as the “Angel Investor Tax Credit”. SB507
• Legislation passed extending benefits under the More Jobs of Marylanders Program to businesses that locate or expand in opportunity zones. HB1260/SB581
• Legislation, supported by Johns Hopkins, passed extending the termination date applicable to the Maryland Research and Development Tax Credit to June 30, 2028. HB175

[Back to List]

|Financial Aid

• Legislation, supported by Johns Hopkins, passed that allows interested universities to verify eligibility state scholarship programs. HB824
• Legislation that would provide scholarship support to students from community colleges in the state did not pass in committee. Johns Hopkins and the Maryland Independent Colleges and University Association supported amendments to ensure students attending private universities and colleges were eligible for the scholarship money. HB41/SB88
• Financial aid notification legislation, which Johns Hopkins opposed, received an unfavorable report from the Appropriations Committee. This bill would have required public and private higher education institutions to notify students of changes in their financial aid. HB328
• Legislation supported by Johns Hopkins, that would have authorized an income tax credit for an individual with student loan debt who is employed full-time by certain Maryland Science, Technology, Engineering, or Mathematics employers failed in committee. SB244

[Back to List]

|General Education

• Legislation, supported by Johns Hopkins, passed repealing the limit on the number of Pathways in Technology Early College Planning grants that may be awarded to a local school system. HB440
• Legislation, supported by Johns Hopkins, to implement recommendations of the Kirwan Commission, dubbed the Blueprint for Maryland’s Future, passed. HB1413/SB1030

[Back to List]

|Health Care Administration & Finances

• Legislation passed that: (1) prohibits a member of the Board of Directors of the University of Maryland Medical System Corporation from intentionally using the prestige of office or public position for the member’s private gain or that of another and (2) prohibits the Board from using sole source procurement to award a contract to an active member of the Board or business entity that employs or has an affiliation with an active member. HB1428/SB619

[Back to List]

|Health Care Facilities

• Legislation, supported by Johns Hopkins, passed that requires an update of Maryland’s State Health Plan to align with the All Payer Model Contract and increases the threshold above which a certificate of need is required for a capital expenditure. HB646/SB597
• Legislation passed that exempts a health care facility from a requirement to obtain a certificate of need before changing the bed capacity if the change will occur in (1) a licensed intermediate care facility that offers residential or substance-related disorder treatment services or (2) an existing, licensed general hospice program. HB626/SB649
• Legislation, supported by Johns Hopkins with amendments, passed that allows an ambulatory surgical facility to add a second operating room without having to obtain an exemption from obtaining a certificate of need (CON), eliminates a CON spending threshold for non-hospital services, and requires that certain uncontested CONs be deemed approved if final action by the Maryland Health Care Commission does not occur within 120 days after the application for the CON was docketed. HB931/SB940
• Legislation passed that would expand the purpose of the Maryland Trauma Physician Services fund to include subsidizing the costs incurred by Shock Trauma to maintain certain on-call and standby physicians. HB607/SB901
• Legislation passed that specifies the minimum required contents of a hospital patient’s bill of rights and requires that each patient be provided a copy of the patient’s bill of rights. HB145/SB301
• Legislation, opposed by Johns Hopkins, did not pass that would require a hospital to provide both oral and written notice to a patient if the hospital charges an outpatient facility fee for services provided in a building on the campus of a hospital. HB849/SB803
• Legislation did not pass that would have required the Health Services Cost Review Commission to study the feasibility and desirability of allowing for an unregulated space in a hospital operating suite as a pilot project. HB940

[Back to List]

|Health Care Occupations

• Legislation passed that enters Maryland into the Interstate Physical Therapy Licensure Compact. HB648/SB652
• Legislation, opposed by Johns Hopkins, received an unfavorable report from Education, Health and Environmental Affairs. This bill would have limited a hospital’s ability to take adverse action against a physician and alter the Board of Physician’s procedures for handling complaints. SB372
• Legislation passed authorizing a licensed physician to delegate duties to a registered cardiovascular invasive specialist assisting in a fluoroscopy under certain conditions. HB924/SB733
• Legislation passed that prohibits a health care practitioner (or a student or a trainee in a program to become a health care practitioner) from performing a pelvic, prostate, or rectal examination on a patient who is under anesthesia or unconscious unless: (1) informed consent is obtained from the patient for the examination; (2) the performance of the examination is within the standard of care for the patient; (3) the patient is unconscious and the examination is required for diagnostic or treatment purposes; or (4) an emergency exists, it is impractical to obtain the patient’s consent, and the examination is required for diagnostic or treatment purposes. HB364/SB909
• Legislation failed that would create a process by which an individual who has a terminal illness may request and receive aid in dying from the individual’s attending physician. HB399/SB311

[Back to List]

|Health Insurance/ Health Care Access

• Legislation passed to help stabilize the individual insurance market by establishing a 1% premium assessment on health insurance carriers and Medicaid managed care organizations in CY 2020 through 2023 to support the State reinsurance program. HB258/SB239
• Legislation, supported by Johns Hopkins, was withdrawn that would have clarified that direct primary care agreements are not insurance products and should not be subject to insurance regulation. HB315
• Legislation did not pass that would have expanded the circumstances in which a hospital or related institution is prohibited from discriminating against an individual. HB856/SB953
• Legislation passed establishing certain standards health insurance prior authorization requirements, including: (1) a prohibition on requests for reauthorization for a repeat prescription for one year or for the standard course of treatment, whichever is less, if the drug is for the treatment of a chronic condition and (2) a requirement that a carrier honor a prior authorization granted to an insured from a previous carrier for the initial 30 days of an insured’s prescription drug coverage under the plan of the new carrier. HB751
• Legislation, supported by Johns Hopkins, passed that requires small employer and individual health benefit plans to provide a 90- day special enrollment period during which an individual who becomes pregnant may enroll in a health benefit plan. HB127/SB36
• Legislation, supported by Johns Hopkins, passed that establishes a Maryland Health Insurance Option, a State-based reporting system to provide information about the health insurance status of State residents through the use of State income tax returns and assist in enrolling uninsured individuals in an insurance affordability program and minimum essential coverage. HB814/SB802
• Legislation, supported by Johns Hopkins, passed requiring the Maryland Health Insurance Coverage Protection Commission to establish a workgroup to monitor actions relating to the Affordable Care Act and determine the most effective manner of ensuring that consumers can obtain and retain quality health insurance, independent of any action or inaction on the part of the federal government or any changes to federal law or its interpretation. HB697/SB868
• Legislation did not pass that would require certain entities, including hospitals, to establish a policy that limits immigration enforcement on the premise to the fullest extent possible consistent with federal and State law. HB1273/SB599

[Back to List]

|Higher Education

• Legislation passed that requires nonprofit universities to submit their IRS Form 990s to the Maryland Higher Education Commission for review to ensure compliance with tax rules. HB461/SB400
• Legislation failed in committee that would encouraged Maryland publishers of an academic publication of research to join the cOAlition S and implement Plan S by year 2024. cOAlition S is an international consortium of research funders and Plan S is an initiative for Open Access publishing. HJ6
• Legislation did not pass that would authorize certain entities, including universities, to establish a policy that limits immigration enforcement on the premise to the fullest extent possible consistent with federal and State law. HB1273/SB599

• Legislation, supported by Johns Hopkins, did not pass that would provide an incentive for employers to hire student interns. HB896
• Legislation, supported by Johns Hopkins, was withdrawn that would have established a statewide “social host” law, which would have created civil penalties for large off-campus parties. SB692
• Legislation passed that requires institutions of higher education to develop and adopt a policy on student concerns about athletic programs and activities. HB876/SB798

[Back to List]
|Labor and Employment

• Legislation, which Johns Hopkins supported with amendments, passed with a gubernatorial veto override. The legislation increases the state minimum wage for employers with 15 or more employees to $15 per hour by January 1, 2025. This legislation was also known as the “Fight for Fifteen”. HB166/SB280
• Legislation, supported by Johns Hopkins, did not pass that would have allowed employers to apply an attendance management policy to sick and safe leave. The bill has been referred to interim study. HB686/SB912
• Legislation, supported by Johns Hopkins, failed in the Senate committee allowing an employer to file a peace order on behalf of an employee if the act or threat against the employee is made at the employer’s workplace. HB640/SB555
• Legislation did not pass committee that would establish a program to provide paid benefit FMLA-type leave. HB341/SB500
• Legislation passed that prohibits employers from requiring an applicant for employment to disclose certain information regarding the criminal record of the applicant. This legislation was also known as “Ban the Box”. HB994/SB839

· Legislation did not pass prohibiting an employer from requiring an applicant to disclose their use of marijuana or cannabis use. HB1239

[Back to List]
|Medicaid

• Legislation passed requiring Medicaid to conduct an audit of pharmacy benefit managers (PBMs) that contract with managed care organizations (MCOs) and develop recommendations for establishing a process for appealing decisions made in accordance with contracts between a PBM and an MCO. HB589

• Legislation passed prohibiting a PBM from directly or indirectly charging a contracted pharmacy, or holding a contracted pharmacy responsible for, a fee or performance-based reimbursement related to the adjudication of a claim or an incentive program that is not specifically enumerated by the PBM at the time of claim processing or reported on the initial remittance advice of an adjudicated claim. HB754

[Back to List]
|Medical Liability

• Legislation, supported by Johns Hopkins, did not pass in committee that would tie the amount of a liability verdict to certain reimbursement rates and codify the Daubert expert witness standard. HB1323/SB784
• Legislation, supported by Johns Hopkins, did not pass that would have established a birth injury fund for claims involving a birth-related neurological injury. HB1320/SB869
• Legislation, opposed by Johns Hopkins as introduced, passed altering the medical liability known as the “20% rule”. The bill increases to 25% the percentage of an expert’s professional activities that may be devoted to professional activities that directly involve testimony in personal injury claims in order for the expert to qualify to testify. SB773
• Legislation, opposed by Johns Hopkins, did not pass which repeals the cap on noneconomic damages for malpractice cases. SB813

[Back to List]
|Prescription Drugs

• Legislation passed establishing a Prescription Drug Affordability Board to identify and review certain high cost prescription drugs, study policy options and make recommendations to lower the list price of pharmaceuticals, and seek approval of a plan of action to set up upper payment limits on certain prescription drugs from the Legislative Policy Committee of the General Assembly or the Governor and the Attorney General. HB768/SB759
• Legislation passed prohibiting a pharmacy benefits manager (PBM) from requiring that a beneficiary use a specific pharmacy or entity to fill a prescription if the PBM or a corporate affiliate of the PBM has ownership interest in the pharmacy and vice versa. HB759

[Back to List]
|Public Health

• Legislation did not pass requiring an assessment of programs available for the provision of no- or low-cost eye exams or eyeglasses for children, and whether these programs are adequate to meet the needs of students. HB1242/SB915
• Legislation was withdrawn that would have instituted a program of assessments, services, and resources to promote the development of deaf and hard of hearing infants and toddlers. SB785
• Legislation passed establishing the Task Force on Maryland Maternal and Child Health which will make recommendations regarding how the policies of the Health Services Cost Review Commission can be used to incentivize early intervention and prevention of key adverse health outcomes. HB520/SB406

[Back to List]
|Public Safety

• Many legislative efforts were proposed this year to improve public safety in Baltimore City and improve accountability within the Baltimore City Police Department:
• Legislation did not pass which would have returned control of the Baltimore City Police Department to the City of Baltimore. HB278
• Legislation establishing incentives for the Baltimore Police Department to buy homes in the city was withdrawn from committee. HB1173
• Legislation did not pass repealing certain provisions of law relating to the Baltimore City Civilian Review Board. HB1371
• Legislation did not pass specifically stating that certain records related to investigation of a law enforcement officer are not personnel records and therefore are not protected by the Maryland Public Information Act. SB838
• Legislation did not pass that repealed the existing civilian review board in Baltimore City and establishes a Community Oversight and Accountability Commission to conduct investigations into police misconduct. SB843
• Legislation did not pass that established a state fund to provide grants to a specified list of violence prevention programs. SB844
• Legislation that would have required the Maryland Police Training and Standards Commission to develop and maintain a uniform statewide training curriculum was withdrawn from committee. HB1342/SB971
• Legislation did not pass that would have raised the training requirements for Special Police Officers. HB1145
• Legislation did not pass that would have amended the Law Enforcement Officer Bill of Rights so that an investigator in an officer’s disciplinary proceedings may be an investigator of a jurisdiction’s civilian review board. SB834
• Legislation, supported by Johns Hopkins, passed allowing Johns Hopkins to establish its own police department and allowing for more investments in other community safety initiatives such as Baltimore City youth programs and a Law Enforcement Cadet Apprenticeship Program. HB1094/SB793
• Legislation was withdrawn that would have allowed private higher education institutions to establish police departments under the auspices of the University System of Maryland or as a unit of local municipal police department. SB717

[Back to List]
|Research

• Legislation, supported by Johns Hopkins if amended, did not pass in committee requiring the Maryland Department of Health to develop a list and make available the location of biosafety level 3 laboratories. HB383/SB187
• Legislation did not pass that would have prohibited medical laboratories from using or selling any data obtained from an individual without the individual’s consent. SB1035
• Legislation, opposed by Johns Hopkins, did not pass that would have required authorization from an individual before engaging in a commercial sale of the individual’s health information or protected health information, including de-identified data. HB892/SB903
• Legislation failed in the Senate that would have allowed a medical facility to purchase medical cannabis for the purposes of research. HB881/SB858

[Back to List]
|Thank you!

State Affairs would especially like to thank the following individuals for their support during the 2019 legislative session: Ron Daniels, Paul Rothman, Kevin Sowers, Sarah Anderson, Tony Anderson, Kerry Ates, Rick Bennett, Otis Brawley, Brandon Buckingham, Liz Burger, Tina Cheng, Megan Collins, Quinn Collins, John Constable, Lee Coyle, Maria Cvach, Nikki Davis, Rachel DeSantis, Marie Dieter, Norman Dy, Neysa Ernst, Kimberly Goldsborough, Chrystal Green, Jonathan Green, John Groopman, Leslie Griffin, Jeffrey Hardesty, Elliot Haut, Nondie Hemphill, Jeanne Hitchcock, Melissa Hyatt, Mary Jacobs, Norma Kanarek, Alex Kaplan, Sophie Lanzkron, Tom Lewis, Dawn Marsiglia, Rianna Matthews-Brown, Nicki McCann, Tom McDermott, Danielle McQuigg, Jennifer Mielke, Redonda Miller, Bill Nelson, Karin Neufeld, Keshia Pollack, Marshall Prentice, Michael Preston, Indira Rayala, Martha Raymond, Charlie Reuland, Irving Reti, Susan Ridge, Joseph Sakran, Connor Scott, Charlie Sheeler, Joe Smith, Elizabeth Smyth, Ken Stoller, Eric Strain, Meghan Swarthout, David Tian, AJ Tsang, Marianne Von Nordeck, Ryan Vandrey, Leslie Weber, Daniel Webster, Beverly Wendland, Aspen Williams

---

STAFF CONTACT INFORMATION
Please contact Government Relations if you have concerns or would like additional information. Your input assists us greatly in evaluating and formulating the position of Johns Hopkins on all legislation.

Legislative Session Office
47 State Circle, Suite 203
Annapolis, MD 21401
410-269-0057
fax 410-269-1574

Annie Coble	[email protected]
Patrick Carlson	[email protected]
Mary Clapsaddle	[email protected]
Mickey Geisler	[email protected]
Sally Guy	[email protected]
Sheila Higdon	[email protected]

[GO TO TOP] [GO TO BILL LIST]

Legislative Hotline is a service of Johns Hopkins Government Affairs.

© 2019 The Johns Hopkins Institutions. Baltimore, Maryland.
Office of Government and Community Affairs.