Effective date: October 1, 2004
For more information, please contact: Sheila Higdon
HB602 Nursing Assistants and Medication Technicians
The bill requires an individual to be certified by the State
Board of Nursing before practicing as a medication
technician. Following completion of a Board-approved course
in medication administration, the individual would become a
"certified medication technician". The bill also stipulates
terms for recertification of the CMT.
Effective date: October 1, 2004
For more information, please contact: Sheila Higdon
HB715 Shaken Baby Syndrome
This bill would require hospitals that provide maternity and
OB services to provide written information about SBS to a
maternity patient prior to discharge. It would require a
signature from the patient acknowledging receipt of the
materials and a copy to be stored on file at the hospital.
The Maryland Center for MCH in the Family Health
Administration would provide this information in both English
and Spanish.
Effective date: October 1, 2004
For more information, please contact: Suchita Lorick
SB361 State Board of Dental Examiners
The bill alters the authority of the State Board of Dental
Examiners to adopt regulations governing the administration
of conscious sedation and prohibits the Board from issuing a
permit to a facility where a dentist administers nitrous
oxide that is not administered in conjunction with another
method of diminishing pain or medication used or the
diminution or elimination of anxiety.
Effective date: October 1, 2004
For more information, please contact: Sheila Higdon
SB406 Certification of Skilled Nursing Assistants
The bill requires the State Board of Nursing to adopt
regulations establishing categories of skilled nursing
assistants and qualifications for each category. It also
provides that skilled nursing assistants must meet
requirements set by the Board to qualify for certification
and renewal of certification.
Effective date: October 1, 2004.
For more information, please contact: Sheila Higdon
[ Go to Bills Introduced]
SB737 Public Private Partnership for Health Coverage
The Health Care for All bill attempts to expand health
insurance coverage to all Marylanders through a combination
of a Medicaid expansion and a modification of the Maryland
Health Insurance Plan (MHIP) to a new program, MDCare. The
Medicaid expansion is for parents up to 100% of poverty. In
this expansion, the Department may not require an asset test
for parents or children, allow self-declaration of income and
eligibility information, allow renewal procedures be
conducted by mail, and guarantee enrollment for 12 months.
The bill removes the CHIP family contribution for families
with incomes between 85% and 200% of poverty and expands CHIP
eligibility to 400% of poverty. In addition, a child
eligible for CHIP may not enroll if the parent is insured
through an employer health plan that offers family coverage,
the employer's contribution is at least 30% of the annual
premiums, the benefits are equal to the Comprehensive
Standard Health Benefit Plan, and the premium required is
more than 6% of the family's income. If the employer
sponsored plan does not meet these requirements, the child
will be assigned to an MCO, with a sliding scale premium
rate.
The bill modifies the current Maryland Health Insurance Plan
(MHIP) and renames it MDCare. MDCare is defined as a
quasi-public nonprofit corporation designed to provide
affordable, comprehensive health benefits to the uninsured.
The section defines an uninsured person as someone whose
annual family income is below 150% of poverty in FY 2005 or
beginning in FY 2006 and thereafter family income below 350%
of poverty. In order to quality for MDCare, the individual's
employer does not offer health insurance benefits comparable
to the Comprehensive Standard Health Benefit Plan or offers a
plan that costs more than 3% of the person's income for
individual coverage or 6% for family coverage. Other
provisions of the bill relating to MDCare include:
&183; Adding eight additional members to the current MHIP
board to include representatives of the disabilities
community, small business community, labor unions,
physicians, and consumers
&183; Maximizing volume discounts by allowing MDCare to
aggregate the purchase of prescription drugs for enrollees in
MDCare, the Senior Prescription Drug Program, and Medicaid.
&183; Allowing MDCare enrollees to choose a FQHCs or
school-based health center as the primary care provider
&183; Premiums collected from MDCare enrollees will be
placed in the MDCare fund -- premiums and cost sharing
arrangements will be on a sliding scale
For individuals whose incomes exceed 350% of poverty, unless
they can demonstrate health insurance coverage equal to the
State Comprehensive Standard Health Benefit Plan, the
individual will be subject to an increase State income tax
equal to the hospital share of the standard plan. If the
individual's annual income is below 350% of poverty and
cannot demonstrate health insurance coverage, the individual
will be enrolled in MDCare and will be subject to an
additional State income tax to reflect the MDCare premium.
The bill establishes the Maryland Quality Institute to
develop standardized clinical practice guidelines. The
guidelines will be distributed to private and public health
plans and provider organizations. In addition, the bill
creates an MDCare Universal Coverage Oversight Commission.
The commission is charged with studying the State's progress
in achieving universal health coverage, means to closing gaps
in coverage, the impact of employer coverage requirements on
employment levels, and the appropriateness of the benefits
package.
To support the costs of MDCare, the bill levies a payroll tax
of 4.5% on federal Social Security wages on employers with
less than 10,000 employees. The payroll tax rate increases
to 6% for non-profit organizations that employee more than
10,000 employees, while the rate increase to 8% on for-profit
companies that employ more than 10,000 individuals. In order
to account for inflation, the MDCare Board may increase the
payroll tax annually; however, the rate may not exceed 5.5%
of the total wages paid to employees during the calendar
year. The employer may claim a credit against the payroll
tax, up to the limit of the tax, for expenditures related to
providing employee health insurance benefits.
The bill levies a $0.50 cigarette tax that will be placed
into a special fund used to increase Medicaid provider
reimbursement rates. The fund will transfer $100 million to
Medicaid and any remaining balances to the State's General
Fund annually.
Section 16 of the bill requires MDCare's board develop an
internet based "electronic-care management" (e-CM) system.
The system shall include verification of eligibility,
referral management, automatic claims submission, and direct
deposit of reimbursements to provider accounts. The section
requires a phase-in but requires all primary care providers
with significant MDCare caseloads to participate in the e-CM
program.
Effective Date: July 1, 2004 (Note, various sections have
different implementation dates due to complexity of the bill)
For more information, please contact: Jim Kaufman
Hotline: Feb18
Position: Monitor
Priority: 1
Subject: Health Insurance
HB665 Children's Health Program
The bill lowers the income requirement from 200% of poverty
to 185% of poverty for those CHIP eligible children who must
enroll in an MCOs. In addition, the bill modified the family
income level for those eligible children who are required to
make a family contribution from 200% to 185% of poverty. The
family contribution is also clarified that it cannot exceed
2% of the family's income, but allows the department to
implement a tiered premium structure based on family income
and size.
Effective Date: July 1, 2004
For more information, please contact: Jim Kaufman
Hotline: Feb18
Position: Monitor
Priority: 2
Subject: Medicaid
SB360 Medical Assistance Programs
The bill requires an individual applying for Medical
Assistance to identify the employer of the proposed
beneficiary. If the beneficiary is not employed, the
applicant shall identify the employer of any adult who is
responsible for providing any financial support to the
proposed beneficiary. By October 1 of each year, the
Department shall report the employer's location and the
number of employees enrolled in Medicaid.
Effective Date: October 1, 2004
For more information, please contact: Jim Kaufman
Hotline: Feb18
Position: Monitor
Priority: 2
Subject: Medicaid
HB481 Human Cloning Prohibition Act
While at first glace this bill appears to ban only the
cloning of humans, but because of the way "Human Cloning" is
defined it bans all human stem cell research and development.
In the bill "Human Cloning" is defined as human asexual
reproduction accomplished by introducing the nuclear material
of one or more human somatic cells into a fertilized or
unfertilized oocyte whose nucleus has been or will be removed
or inactivated to produce a living organism at any stage of
development with a human or predominantly human genetic
constitution. Whether you are going to attempt to clone a
human or grow stem cells, the first three steps are the same.
You remove the nucleus from an egg, introduce DNA, and allow
the egg to grow in the controled environment of a lab. At
this point if you were to attempt to clone a human the egg
would implanted in a human. For stem cells the egg would be
cultivated in a lab until it had developed to the point of
producing stem cells. Because the bills bans the production
of any living organism at any stage of development with a
human or predominantly human genetic constitution stem cell
research would therefore be banned. The bill does allow
scientific research that uses nuclear transfer or other
cloning techniques to produce: molecules, DNA, cells other
than human embryos, tissues, organs, plants, or animals other
than humans.
The bill provides for both civil and criminal penalty
provisions. The criminal provision is a felony and on
conviction is subject to imprisonment not exceeding 10 years
or a fine not exceeding $100,000 or both. The civil penalty
is not less than $1,000,000 or if the violator derives
pecuniary gain from the transaction, they may assess a civil
penalty of not more than two times the gross pecuniary gain
resulting from the violation.
Effective Date: October 1, 2004
For more information, please contact: Heather Woods Barthel
Hotline: Feb18
Position: Oppose
Subject: Miscellaneous
HB555 Water Pollution and Chesapeake Bay Watershed
This bill establishes an environmental surcharge for any user
of a wastewater facility in the state. Each residential
dwelling will pay a surcharge of $2.50 per month. For
non-residential users there is a formula by which to
calculate the monthly charge. The formula is based on the
fact that the average residential dwelling uses 250 gallons
of water per day. The bill equates an average of 250 gallons
of wastewater per day to 1 unit. For less than 2,000 units
of wastewater the monthly surcharge is $2.50 per unit, for
greater than 2,000 units up to 8,000 units the surcharge is
$1.25. There is no charge for greater than 8,000 units.
For example:
Average daily use = 2,000,000 gallons of wastewater
2,000,000 / 250 = 8,000 units
2,000 units * $2.50 = $5,000
6,000 units * $1.25 = $7,500
$5,000 + $7,500 = $12,500 per month
$12,500 * 12 months = $150,000 per year
The surcharge may be adjusted for fiscal year 2008 and
subsequent years. The bill establishes the Chesapeake Bay
Watershed Restoration Fund to which the funds collected will
be deposited. The Fund will provide financial assistance for
projects relating to planning, design, construction, and
upgrades of wastewater facilities to achieve enhanced
nutrient removal.
Funds in the watershed restoration fund may be used only to
award grants for up to 100% of eligible costs of projects
relating to planning, design, construction, and upgrade of a
wastewater facility with enhanced nutrient removal technology
with a design capacity of 500,000 gallons or more per day.
The fund may also be used for a portion of the operation and
maintenance costs related to the enhanced nutrient removal
technology, and for reasonable administrative costs incurred
by a billing authority for a wastewater facility collecting
the surcharge.
The bill also establishes a Watershed Restoration Fund
Advisory Committee. The Committee is charged with performing
an analysis of the cost of nutrient removal from wastewater
facilities, identifying additional sources for funding, and
to make recommendations regarding the appropriate
environmental surcharge to be assessed in fiscal year 2008
and subsequent years.
Effective Date: July 1, 2004
For more information, please contact: Heather Woods Barthel
Hotline: Feb18
Position: Monitor
Subject: Miscellaneous
SB320 Chesapeake Bay Watershed Restoration Fund
This bill establishes an environmental surcharge for any user
of a wastewater facility in the state. Each residential
dwelling will pay a surcharge of $2.50 per month. For
non-residential users there is a formula by which to
calculate the monthly charge. The formula is based on the
fact that the average residential dwelling uses 250 gallons
of water per day. The bill equates an average of 250 gallons
of wastewater per day to 1 unit. For less than 2,000 units of
wastewater the monthly surcharge is $2.50 per unit, for
greater than 2,000 units up to 8,000 units the surcharge is
$1.25. There is no charge for greater than 8,000 units. For
example:
Average daily use = 2,000,000 gallons of wastewater
2,000,000 / 250 = 8,000 units
2,000 units * $2.50 = $5,000
6,000 units * $1.25 = $7,500
$5,000 + $7,500 = $12,500 per month
$12,500 * 12 months = $150,000 per year
The surcharge may be adjusted for fiscal year 2008 and
subsequent years. The bill establishes the Chesapeake Bay
Watershed Restoration Fund to which the funds collected will
be deposited. The Fund will provide financial assistance for
projects relating to planning, design, construction, and
upgrades of wastewater facilities to achieve enhanced
nutrient removal.
Funds in the watershed restoration fund may be used only to
award grants for up to 100% of eligible costs of projects
relating to planning, design, construction, and upgrade of a
wastewater facility with enhanced nutrient removal technology
with a design capacity of 500,000 gallons or more per day.
The fund may also be used for a portion of the operation and
maintenance costs related to the enhanced nutrient removal
technology, and for reasonable administrative costs incurred
by a billing authority for a wastewater facility collecting
the surcharge.
The bill also establishes a Watershed Restoration Fund
Advisory Committee. The Committee is charged with performing
an analysis of the cost of nutrient removal from wastewater
facilities, identifying additional sources for funding, and
to make recommendations regarding the appropriate
environmental surcharge to be assessed in fiscal year 2008
and subsequent years.
Effective Date: July 1, 2004
For more information, please contact: Heather Woods Barthel
Hotline: Feb18
Position: Monitor
Subject: Miscellaneous
SB393 Voting Systems
Senate Bill 393 requires that any voting system that does not
use a document ballot produce a paper record of a voter's
ballot choices and provide the voter with an opportunity to
inspect the paper record. The bill requires that the paper
records be preserved at the polling place in a manner similar
to document ballots so that the paper records may later be
used in a manual recount if necessary.
Effective Date: October 1, 2004
For more information, please contact: Bret Schreiber
Hotline: Feb18
Position: Monitor
Priority: 2
Subject: Miscellaneous
SB472 Human Cloning Prohibition Act
While at first glace this bill appears to ban only the
cloning of humans, but because of the way "Human Cloning" is
defined it bans all human stem cell research and development.
In the bill "Human Cloning" is defined as human asexual
reproduction accomplished by introducing the nuclear material
of one or more human somatic cells into a fertilized or
unfertilized oocyte whose nucleus has been or will be removed
or inactivated to produce a living organism at any stage of
development with a human or predominantly human genetic
constitution. Whether you are going to attempt to clone a
human or grow stem cells, the first three steps are the same.
You remove the nucleus from an egg, introduce DNA, and allow
the egg to grow in the controled environment of a lab. At
this point if you were to attempt to clone a human the egg
would implanted in a human. For stem cells the egg would be
cultivated in a lab until it had developed to the point of
producing stem cells. Because the bills bans the production
of any living organism at any stage of development with a
human or predominantly human genetic constitution stem cell
research would therefore be banned. The bill does allow
scientific research that uses nuclear transfer or other
cloning techniques to produce: molecules, DNA, cells other
than human embryos, tissues, organs, plants, or animals other
than humans.
The bill provides for both civil and criminal penalty
provisions. The criminal provision is a felony and on
conviction is subject to imprisonment not exceeding 10 years
or a fine not exceeding $100,000 or both. The civil penalty
is not less than $1,000,000 or if the violator derives
pecuniary gain from the transaction, they may assess a civil
penalty of not more than two times the gross pecuniary gain
resulting from the violation.
Effective Date: October 1, 2004
For more information, please contact: Heather Woods Barthel
Hotline: Feb18
Position: Oppose
Subject: Miscellaneous
SB197 Video Lottery Terminals
This Administration bill authorizes up to 15,500 video
lottery terminals (VLTs) at six locations (four horse racing
tracks and two nontrack unspecified locations. The bill also
provides for one-time application fees; creates the Education
Trust Fund (ETF) and other special funds; and continues the
current prohibition on additional forms of commercial
gambling.
Fiscal Summary
State Effect: General fund revenues increase in FY 2005 and
FY 2006 due to one-time application fees. General fund
revenues decrease beginning in FY 2006 due to decreased
lottery sales; future year losses increase with increased VLT
implementation, totaling $69 million in FY 2009. General
fund expenditures increase in FY 2006 and beyond due to
Attorney General expenses. General fund expenditures
decrease in FY 2006 and beyond due to the availability of
revenues from the ETF. Special fund revenues and
expenditures increase for lottery agency administrative
expenses, local aid, purse dedication, bred funds, gambling
addiction treatment expenditures, and education beginning in
FY 2006, except lottery expenditures which begin in FY 2005.
Local Effect: Revenues for localities with VLT facilities
would increase by approximately $5.4 million in FY 2006,
increasing to $75.5 million at VLT full implementation in FY
2009. Future year revenues represent increased VLT operation
and efficiency and revenues distributed from nontrack VLT
facilities. Local expenditures increase significantly for
local governments with VLT facilities.
The bill takes effect June 1, 2004.
For more information, please contact: Bret Schreiber
Hotline: Feb18
Position: Monitor
Priority: 2
Subject: Operating Budget
HB840 Pharmacy Benefits Managers
The bill requires a pharmacy benefits manager (PBM) to
perform duties with care, skill, diligences, and in
accordance with standards of care established by the
pharmaceutical benefits management industry. The PBM is
required to notify in writing of any activity, policy, or
practice that directly or indirectly presents a conflicts of
interest. The PBM is to provide all financial and
utilization information requested by the carrier relating the
provision of benefits and financial information relating to
services to that carrier. The bill states that a PBM may
substitute a lower priced generic drug for a higher prices
drug, but may not substitute a higher priced drug. The PBM
is required to consult with the prescribing health care
provider with regard to dispensing a substitute prescription
and disclose the costs of both drugs and any benefits or
payments the PBM may incur as a result of the substitution.
The PBM is required to pass on the carrier or the member any
payment or benefit received based the volume of sales of a
particular drug.
Effective Date: October 1, 2004
For more information, please contact: Jim Kaufman
Hotline: Feb18
Position: Monitor
Priority: 2
Subject: Pharmaceuticals
HB251 Handgun Identification Requirements
This bill would repeal a provision requiring handgun
manufacturers to ship with the handgun the following: a shell
casing of a projectile discharged from the gun and
information required for identification of the gun and shell
casing. This would also repeal the provision requiring the
dealer receiving the handgun to report to the State Police
that the manufacturer complied with the above requirements
and forward the sealed container to the State Police upon
sale of the handgun. Additionally, it would repeal the
requirement that the police crime laboratory enter relevant
information into a database.
For more information, please contact: Suchita Lorick
Hotline: Feb18
Position: Monitor
Priority: 3
Subject: Public Health
HB299 Department of Disabilities
This bill would establish the Department of Disabilities as a
department of State government, the Maryland Advisory
Commission on Disability Policy and the Disability
Implementation Board. The purpose of the Implementation Board
would be to develop and carry out the state disability
implementation plan. The purpose of the Commission would be
to advise the department in carrying out its duties. To
provide support to individuals with disabilities, the
department would develop a state disability implementation
plan, make budget recommendations, apply for funds, modify or
consolidate support and collaborate with other government
agencies.
Effective Date: July 1, 2004
For more information, please contact: Suchita Lorick
Hotline: Feb18
Position: Monitor
Priority: 3
Subject: Public Health
SB177 Office of Minority Health
This bill would establish the MD Office of Minority Health in
the Executive Department and establish the Minority Health
Advisory Commission. This office would work with other
public and private organizations to educate about minority
health issues, develop programs and initiatives, conduct
research, provide grants to CBOs, make recommendations, work
with universities and colleges to develop training and
courses that address racial and ethnic disparities, work
Morgan-Hopkins Center for Health Disparities.
The fiscal/policy note estimates that general fund
expenditures could increase by $404,800 in FY 2005 and
improvements in data collection systems could cost an
estimated $500,000.
Effective Date: October 1, 2004
For more information, please contact: Suchita Lorick
Hotline: Feb18
Position: Monitor
Priority: 2
Subject: Public Health
SB156 Corporate Income Tax Reform
Senate Bill 156 authorizes the Comptroller to distribute,
apportion, or allocate income, deductions, credits, or
allowances between two or more organizations, trades or
businesses, whether or not incorporated in the U.S. The bill
also requires interest expenses and intangible expenses to be
added to federal taxable income for the purpose of
determining Maryland modified income.
For more information, please contact: Bret Schreiber
Hotline: Feb18
Position: Monitor
Priority: 2
Subject: Taxes
SB436 Medical Malpractice Insurance Rates
This bill mandates that with regard to medical malpractice
insurance rates consideration be given to total investment
income. A medical malpractice rate is considered excessive
if the rate does not reflect the total investment income that
the insurer reasonably can be expected to earn on all its
assets during the period of time the rate will be in effect;
or the rate for any other reason is unreasonably high for the
insurance coverage provided.
Effective Date: October 1, 2004
For more information, please contact: Heather Woods Barthel
Hotline: Feb18
Position: Monitor
Subject: Tort Reform
SB438 Medical Malpractice Insurance Rates
This bill mandates that a medical malpractice insurance rate
is excessive if the rate does not reflect all dividends, rate
credits, and any other form or type of refund or credit that
the insurer has issued, or reasonably may be expected to
issue, during the period of time the rate is in effect; or
the rate for any other reason is unreasonably high for the
insurance coverage provided.
Effective Date: October 1, 2004.
For more information, please contact: Heather Woods Barthel
Hotline: Feb18
Position: Monitor
Subject: Tort Reform
SB544 Tax Credit for Malpractice Insurance
An individual or corporation may claim a credit against the
state income tax if the amount of medical malpractice
insurance premiums paid by the individual or corporation for
a licensed physician in the state exceeds 14% of the amount
of gross income attributable to the medical practice of the
licensed physician. They may claim credit in the following
amounts:
(1) 50%of the amount of medical malpractice premiums paid
that is more than 14% but less than or equal to 16% of gross
income; and
(2) 100%of the amount of medical malpractice premiums paid
that exceeds 16% of gross income.
The credit may not be claimed if the licensed physician has
paid a malpractice claim within the previous 5 years.
Effective Date: July 1, 2004
For more information, please contact: Heather Woods Barthel
Hotline: Feb18
Position: Monitor
Subject: Tort Reform
SB545 Medical Malpractice Insurance Base Rates
If an insurer charges different rates for different medical
specialties or combinations of medical specialties, the base
rate paid by the highest-rated medical specialty or
combination of medical specialties may not be greater than
600% of the base rate paid by the lowest-rated medical
specialty or combination of medical specialties.
Effective Date: October 1, 2004
For more information, please contact: Heather Woods Barthel
Hotline: Feb18
Position: Monitor
Subject: Tort Reform
SB708 Medical Malpractice Insurance
Each insurer that offers policies of medical malpractice
insurance in the state shall offer, in addition to a basic
policy, additional policies with deductibles in the amounts
of $10,000, $25,000, and $50,000. The bill also requires the
Maryland Insurance Administration to report to the Senate
Finance Committee and the House Economic Matters Committee on
or before November 30, 2006 on the effectiveness of this
policy.
Effective Date: October 1, 2004
For more information, please contact: Heather Woods Barthel
Hotline: Feb18
Position: Monitor
Subject: Tort Reform
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