Johns Hopkins Institutions

Legislative Hotline

2004 SESSION OF THE
MARYLAND GENERAL ASSEMBLY

Volume 12, Number 5

February 25, 2004

Here are some of the hot issues as the 2004 Legislative Session develops:
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BILLS INTRODUCED
STAFF CONTACT INFORMATION

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BILLS INTRODUCED
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BILLS INTRODUCED
General Health Care
HB1119  Task Force to Study the Impact of Illegal Immigrants on Uncompensated Health Care
The bill creates a 21-member task force to study the impact of illegal immigrants on health care providers, the effect on the cost of care, and the amount and costs of services health care practitioners and institutions provide immigrants.
Effective Date: July 1, 2004 (Sunsets December 31, 2004)
For more information, please contact: Jim Kaufman
HB 1207   Consumer Protection Act for Wheeled Mobility
The bill creates the Consumer Protection Act for Wheeled Mobility by requiring a licensed residential service agency that provides consumers the use of wheeled systems to employ either directly or contractually at least one qualified rehabilitation professional that meets the following qualifications

o credentialed as an assistive technology practitioner, supplier, or technologist by the Rehabilitation Engineering and Association Technology Society of North America
o Until July 1, 2008 provide documentation on the successful completion of 15 hours of continuing education annually in the field of seating and wheeled mobility
o Proof of at least one year of experience in the field
o Three written recommendations from health practitioners
o Successful completion of a four-year degree in Assertive Technology
o if the employee is terminated, the agency is exempt from this requirement for up to one year upon approval from DHMH, but the agency has to ensure that at least one staff member meets the following requirements:
- successful completion of at least 15 hours of continuing education with the previous 12 months in the field of seating and wheeled mobility
- at least one year of experience in the field of rehabilitation technology
- completion of a four-year degree in Assertive Technology.
Before July 1, 2007, the agency is required to obtain accreditation from a nationally recognized accreditation body or if the business has been in existence for less than one year, the organization has had to apply for accreditation.
The bill requires that the rehabilitation professional conduct a face-to-face technology assessment and provide the recommendation for a wheeled mobility system appropriate for the consumer's needs in writing. In addition, the bill requires the consumer to undergo a physician evaluation by a health care practitioner and provide a written report of the evaluation to the rehabilitation professional prior to obtaining the assessment.
The bill defines wheeled mobility system as a manual or powered mobility system prescribed by a physician and required by the patient for a period of not less than 6 months. The system may include alternative drive controls, manual or power seating options, multi-adjustment frame, nonstandard performance options, seated positioning components, or other complex components.
Effective Date: July 1, 2005
For more information, please contact: Jim Kaufman
HB 1284   Medical Decision Making Act of 2004
This bill allows individuals to establish a domestic partnership in the State for the purpose of medical decision making. These individuals would be required to register with the Secretary of DHMH in order to enter into a domestic partnership; establishing qualifications for individuals registering a domestic partnership; establishing registration procedures for domestic partnerships; providing procedures to terminate a domestic partnership; etc.
To qualify for a certificate of domestic partnership each individual must be at least 18 years old, the individuals are not related to the other by blood or marriage within four degrees of consanguinity under the civil law rule, the individuals are of the same sex, or the individuals are of the opposite sex and each individuals is at least 62 years old. A domestic partnership shall terminate on the death of a domestic partner or when a notice of termination of domestic partnership has been accepted for record by the Secretary. A domestic partnership or civil union entered into outside this state, that is valid under the laws of that state, shall be treated as a domestic partnership in this state. The registration of a domestic partnership by two individuals who are also married to each other in another state may not be considered lawfully married in Maryland.
Effective Date: July 1, 2004
For more information, please contact: Heather Barthel
SB 499   Task Force on the Prevention and Elimination of Cervical Cancer
The bill establishes a Task Force on the Prevention and Elimination of Cervical Cancer consisting of the following:

- member of the Senate
- 1 member of the House of Delegates
- 2 officers of the Women Legislators of Maryland
- Deputy Secretary for Public Health Services at DHMH
- Deputy Secretary for Health Care Financing at DHMH
- Director of the Center for Cancer Surveillance and Control DHMH
- Chairperson of the State Council on Cancer Control
- 1 physician who is a member of the American College of Obstetrics and Gynecology
- 1 physician who is a member of the American Academy of Family Physicians
- 1 physician who is an oncologist and represents the American Cancer Society
- 1 registered nurse
- 1 representative of a women's health organization
- 1 representative of the American Academy of Pediatrics
- 1 representative of the health insurance industry
- 1 teacher
- 1 representative of a local newspaper, television, or radio station,
- 2 members of the public, one of whom shall be a cervical cancer survivor
The Chair of the Task Force will be appointed by the Governor, and may establish committees to complete the duties of the Task Forces. Non Task Force members may serve on the committees.
The Task Force charges include being briefed by DHMH on the prevalence and burden of cervical cancer in Maryland. In collaboration with DHMH and the State Council on Cancer Control, the Task Force will promote public awareness on the causes and nature of cervical cancer. The Task Force will also identify and examine the limitations of existing programs, services, laws and regulations with respect to cervical cancer awareness, the availability of health insurance coverage and public services for the diagnosis and treatment of cervical cancer. The Task Force will develop a comprehensive Cervical Cancer Prevention Plan and strategies for implementation and promotion of the plan.
The Task Force will report on its findings and recommendations to the Governor and General Assembly on or before October 1 of each year beginning in October 2004.
Effective Date: July 1, 2004 (The bill sunsets June 30, 2009)
For more information, please contact: Sheila Higdon
[ Go to Bills Introduced]
Health Care Facilities
HB 1198  Health Care Facilities - Advanced Cardiac Health Care Services
The bill, which would supercede the recently adopted regulations, requires that a hospital that performs "advanced cardiac health care services" obtain a Certificate of Need. The bill defines advanced cardiac health care services as Percutaneous Coronary Intervention (PCI) and Open Heart Surgery. The bill requires that a hospital that performs elective PCI must perform on-site open heart surgery, except in the case of Primary PCI for management of an acute Myocardial Infarction.
Effective Date: July 1, 2004
For more information, please contact: Jim Kaufman
SB 402  Health - Ambulatory Surgical Facilities - Definition and Regulation
This bill mandates that the Office of Health Care Quality within the Department of Health and Mental Hygiene must adopt regulations providing for the oversight of 23-hour recovery care in ambulatory surgical facilities. In uncodified language, the bill requires the Office of Health Care Quality to submit a report to the House Health and Government Operations Committee and the Senate Finance Committee each year, regarding the number of facilities providing 23-hour recovery care and the types of services being provided by ambulatory surgical facilities.
Effective Date: October 1, 2004
For more information, please contact: Heather Barthel
SB 471  Freestanding Ambulatory Care Facilities - Licensing - Abortion Services
This bill adds to the definition of Ambulatory Surgical Facility to include any center, service, office facility, or other entity that provides abortions. It also adds to the definition of surgical services, any cutting instrument including a uterine curette and a manual vacuum aspirator curette introduced into the uterus for the purpose of abortions.
Effective Date: October 1, 2004
For more information, please contact: Heather Barthel
[ Go to Bills Introduced]
Health Care Practitioners
HB 621  Public Health - Abortion - Parental Notice
This bill would change physician requirements of parental notification for unmarried minors. A physician may not perform an abortion unless an actual notice was provided to the parent (definition includes legal guardian) or 48 hours have passed since providing notice the parent. The physician may perform an abortion without a notice if: they have received a notarized written statement within the last 30 days from the parent documenting their awareness; the physician certifies that a medical emergency exists; the minor petitions the court to waive notification. The court may waive the notification if the court finds a pattern of parental abuse or finds the minor to be sufficiently mature to decide whether to have an abortion. Violation of this provision would subject a person to a fine up to $1000.
Effective Date: October 1, 2004
For more information, please contact: Suchita Lorick
HB 952   Hospitals - Medical Residency Education Programs - Resident and Intern Duty Hours
The bill requires hospitals that offer a residency education program to comply with the day hour requirements for medical residents and interns established by ACGME and develop and implement policies that provide residents and interns with an opportunity to sleep for a minimum of 4 hours within each 24-hour period that the resident or intern is on duty.
Effective Date: October 1, 2004
For more information, please contact: Sheila Higdon
HB 953  State Board of Professional Counselors and Therapists - Specialized Psychological Testing
This bill requires the State Board of Professional Counselors and Therapists to authorize individuals who meet specified requirements to administer and interpret specialized psychological testing. Such testing is defined as a test that requires the competent understanding of the underlying theory of the test, from which appropriate, accurate and valid inferences may be drawn. To qualify for authorization to administer these tests, an individual must be licensed by the Board to practice clinical alcohol and drug counseling, clinical marriage and family therapy, or clinical professional counseling and must meet specialized psychological training requirements.
Effective Date: October 1, 2004
For more information, please contact: Sheila Higdon
SB 550  Health - General - Nursing Referral Service Agencies - Licensing
The bill requires DHMH to set standards for the care, treatment, health, safety, welfare and comfort of individuals who receive services through a nursing referral service agency. Such an agency is defined as one that is in the business of screening and referring licensed health professionals to clients for the provision of skilled nursing services, home health aid services, or other home health care services in the residence of the client. The bill also requires that nursing referral service agencies be licensed by DHMH and authorizes DHMH to inspect the agencies. Agencies will be required to develop and implement procedures to screen licensed health professionals.
Effective Date: Emergency Measure (effective upon enactment)
For more information, please contact: Sheila Higdon
[ Go to Bills Introduced]
Health Insurance
HB 352  Nonprofit Health Service Plans - Submission of Premium Tax Exemption Reports
The bill amends the non-profit health insurance premium tax exemption report to include plans participating in activities that are intended to address community needs through disease prevention and improvement in health status, providing services to vulnerable or underserved populations such as participation in the Medicaid or Medicare program, and other efforts to improve health access and reduce costs. In addition, the bill exempts non-profit health plans serving more than 10,000 lives if the plan only issues contracts for one of the following services: podiatric, chiropractic, pharmaceutical, dental, psychological, or optometric.
Effective Date: July 1, 2004
For more information, please contact: Jim Kaufman
HB 667  Maryland Health Insurance Plan - Board of Directors - Authority
The bill authorizes the Board of Directors of the Health Insurance Plan to adopt regulations limiting enrollment of otherwise eligible individuals in the Plan if the Board determines that enrollment capacity is adversely impacted. In addition, the bill allows the plan to set premium rates based on geography.
Effective Date: October 1, 2004
For more information, please contact: Jim Kaufman
HB 670  Health Insurance - Inducements
The bill adds HMOs to the list of entities subject to Section 27-209 of the Insurance Article. This section prohibits the making of payments, promises, offers, favors, agreements, or other inducements with respect to contracts of health insurance.
Effective Date: July 1, 2004
For more information, please contact: Jim Kaufman
HB 451  Health Care Providers - Collection of Medicare Copayments and Deductibles
The bill authorizes a health care provider to collect Medicare copayments and deductibles owed to the health care provider from individual subscribers or enrollees when Medicare is the primary insurer and a health maintenance organization is the secondary insurer.
Effective Date: October 1, 2004
For more information, please contact: Jim Kaufman
HB 593  Health Insurance Carriers - Required Disclosures
The bill requires health insurance carriers to provide disclosures regarding reimbursement for copayments, deductibles, coinsurance, and health care services when the coverage that the carrier is obligated to provide is secondary to the coverage provided by another carrier.
Effective Date: October 1, 2004
For more information, please contact: Jim Kaufman
[ Go to Bills Introduced]
Higher Education
HB 1188  Higher Education Affordability and Access Act of 2004 - Supplementary Appropriation
House Bill 1188, focuses primarily on the public senior higher education institutions, and proposes to establish limits on tuition increases, enrollment policies, and creates the Higher Education Investment Fund to provide additional funding for the University System of Maryland institutions. As funding increases for the University System of Maryland, the Sellinger Aid program for Independent Colleges and Universities shall increase. Additionally, the bill would require the following financial aid reporting:
"A nonpublic institution of higher education that receives state financial aid shall submit a report annually to the Maryland Higher Education Commission relating to the scholarships and grants the nonpublic institution is awarded to Maryland students."
Effective Date: July 1, 2004
For more information, please contact: Bret Schreiber
[ Go to Bills Introduced]
Medicaid
HB 1072  Task Force to Study the Medicaid Eligibility Process for Long-Term Care
The bill creates the Task Force to Study the Medicaid Eligibility Process for longterm care. Task Force membership consists of 2 Senators, 2 Delegates, the Secretaries or designees of the Departments of Human Resources and Health and Mental Hygiene, one representative from each local Department of Social Services in Baltimore City, Baltimore County, Montgomery County and Prince George's County, 2 representatives each from the Health Facilities Association of Maryland, Mid-Atlantic LifeSpan, and two family members of a resident of a Maryland nursing home. The President of the Senate and the Speaker of the House will jointly appoint a Senator and a Delegate to serve as co-chairs of the Task Force.
The Task Force will be charged with reviewing the Medicaid longterm care eligibility process in other states in order to identify a model for improving Maryland's process. They will also study the desirability and feasibility of transferring responsibility for the Medicaid longterm care eligibility process (1) from the DHR to DHMH, (2) from the local departments of social services to the four regional offices of DHR; and (3) authorizing the State to delegate the eligibility process to a private entity. In addition, the Task Force will identify any other methods to improve the State Medicaid longterm care eligibility process. The Task Force will report its findings and recommendations to the Governor, the Senate B&T and Finance Committees and the House Appropriations and Health and Government Operations Committee in an interim report by November 1, 2004; and in a final report by December 31, 2005.
Effective Date: July 1, 2004
For more information, please contact: Sheila Higdon
HB 1117  Maryland Children's Health Program - Reenrollment
The bill allows an eligible individual whose family income is above 200% of the federal poverty level, but below 300% to reenroll in a Managed Care Organization after a 6-month period without overage.
Effective Date: July 1, 2004
For more information, please contact: Jim Kaufman
HB 1134  Maryland Medical Assistance Program - Managed Care Organizations - Dental Services
The bill requires an MCO to provide or arrange to provide therapeutic treatment if diagnostic or emergency dental services indicate that therapeutic treatment is required. The MCO is also required to follow-up to assure that the enrollee receives the required care.
Effective Date: October 1, 2004
For more information, please contact: Jim Kaufman
HB 1315  Tobacco Tax Revenues - Maryland Medical Assistance Program and Maryland Children's Health Program - Increased Provider Reimbursements
The bill creates a special fund from the proceeds of a $0.50 cigarette tax increase to raise provider reimbursement rates provided under the Medicaid and Children's Health Insurance Program. The Comptroller is required to transfer $100 million to the Special Fund that must be used for the Medicaid reimbursement rates. Any tobacco tax revenues exceeding $100 million will be transferred to the General Fund.
Effective Date: July 1, 2004
For more information, please contact: Jim Kaufman
SB 717  School-Based Health Centers - Physician Assistants
The bill requires DHMH to adopt regulations that required the MCOs to reimburse physician assistants for providing serves at a school-based clinic to enrollees of the MCO.
Effective Date: October 1, 2004
For more information, please contact: Jim Kaufman
[ Go to Bills Introduced]
Mental Health
HB 1073  Community-Based Mental Health Services - Funding
The bill requires the Governor to include in the annual State budget bill, effective in FY2006 and each fiscal year thereafter, an appropriation of at least $10,000,000 to provide community-based mental health services in the State. The funding may not supplant resources for existing community services and shall be used to provide community mental health services designed to promote recovery and community integration, including the development of the Maryland Mental Health Crisis Response System and affordable housing and employment opportunities for individuals with mental illnesses.
Effective Date: October 1, 2004
For more information, please contact: Sheila Higdon
HB 1178  Mental Hygiene Administration - Community-Based Services Fund - Scope
The bill stipulates that if any Mental Hygiene Administration facility is downsized, consolidated, or closed, any State property associated with the facility that is sold must be at fair market value and the net proceeds must be appropriated to the Mental Hygiene Community-Based Services Fund. Further, the bill specifies that appropriations to this fund must be used for community mental health services designed to promote recovery and community integration, affordable housing and employment opportunities for individuals with mental illness. The Mental Hygiene Administration, in consultation with consumers, family members, providers and mental health advocates, will develop a plan to determine how the funds are spent.
Effective Date: July 1, 2004
For more information, please contact: Sheila Higdon
[ Go to Bills Introduced]
Miscellaneous
HB 666  Biological Agents Registry Program
This bill redefines "Biological agent" by deleting reference to Title 42, Part 72, Appendix A of the Code of Federal Regulations and redefining it as "any biological agent as defined in Title 42, Part 73 of the Code of Federal Regulations, or Title 9, Part 121 of the Code of Federal Regulations." Currently, the Department of Health and Mental Hygiene houses the Biological Agents Registry Program, which identifies the biological agents possessed and maintained by any person in this State. This bill provides that specified information in the Biological Agents Registry can be released to the Maryland Emergency Management Agency and the Maryland Department of the Environment for the purposes of planning for the protection of the public in relation to the release of a biological agent and the prevention of a release of a biological agent. It also states that the specified information may be released to the Maryland Institute For Emergency Medical Services Systems for the purposes of providing certain specified information to a fire or emergency medical services entity for performing, proceeding, or dispatched on a call for emergency services. A person or entity to whom the information has been released may not release the information to any other party unless the release is approved by the Biological Agents Registry Program.
Effective Date: October 1, 2004
For more information, please contact: Heather Barthel
[ Go to Bills Introduced]
Operating Budget
HB 870  Fund Transfers Act of 2004
House Bill 870, the Fund Transfers Act of 2004, alters the distribution of State revenues by transferring to the General Fund as follows: $102.4 million from the local highway aid; $57.1 million in transfer tax revenues originally used for Program Open Space; balances from certain special funds like the Spinal Cord Injury Research Trust Fund, State Use Industries, Central Collection Fund; and funds of the Boards for dentists, physical therapists, psychologists, social workers, and physicians.
Effective Date: June 1, 2004
For more information, please contact: Bret Schreiber
HB 1247  State Budget - Budget Process
This constitutional amendment modifies the State budget process by allowing the General Assembly to increase and make additional appropriations for Executive Branch agencies. The total appropriation for the Executive Branch approved by the General Assembly cannot exceed the total allowance for the Executive Branch submitted by the Governor. The Governor can veto any increase or additional item added by the General Assembly. If the Governor exercises the veto authority, the presiding officers could convene an extraordinary session within 30 days after the Governor's action to consider the vetoed items. The extraordinary session would be limited solely to the budget vetoes.
Effective Date : Constitutional Amendment to be decided in November 2004 elections
For more information, please contact: Bret Schreiber
SB 508  Budget Financing Act of 2004
Senate Bill 508, the Budget Financing Act of 2004, increases the fees for various licenses, certificates, permits, filings, and reports in various State departments. It also allows the Department of Health and Mental Hygiene to have general fee-setting authority to cover administrative costs associated with inspections, investigations, permits, licenses, certifications, or registrations. It imposes a $1,200 annual fee per nursing home bed and contains additional provisions to increase revenues to balance the budget.
Effective Date: Various Effective Dates
For more information, please contact: Bret Schreiber
HB 510  Budget Reconciliation Act of 2004
Senate Bill 510, the Budget Reconciliation Act of 2004, makes changes to the law to increase General Fund revenues or to reduce expenditures to balance the budget. This includes transferring money from special funds to the General Fund. The bill also increases the local share of expenses for nonpublic placement of children with disabilities, repeals grant programs including the Governor's Teacher Salary Challenge Program and reduces aid for the Sellinger Aid program to Independent Colleges and Universities. The Sellinger Aid program is funded at the previous FY 2004 levels.
Among the reduced expenditures are those dedicated for the anti-tobacco use campaigns through the Cigarette Restitution Fund. The amount of each Statewide Academic Health Center Public Health Grant shall be equal to 9.5% of the total public health tobacco grants and the statewide academic health center public health grants.
Effective Date: June 1, 2004
For more information, please contact: Bret Schreiber
[ Go to Bills Introduced]
Public Health
HB 628  Local Governments - Regulation of Residential Property for Rent or Lease - Lead Risk Reduction Requirements
This bill mandates that before a local government authorizes or certifies residential property to be rented or leased, the owner of the residential property shall certify that the residential property is not a lead paint affected property, is an affected property and is certified as lead-free, or is an affected property and is in compliance with the registration and lead risk reduction requirements under Title 6 of the Environment Article. In addition to reporting as required for any known noncompliance of an affected rental or leased property, a local government may forward to the Department of the Environment any information obtained under this title regarding residential property.
Effective Date: October 1, 2004
For more information, please contact: Heather Barthel
HB 648  Environment - Air Pollution - Mercury
This bill states that the State of Maryland encourages the United States Environmental Protection Agency to comply with the Clean Air Act, which requires mercury to be controlled as a hazardous air pollutant and requires coal-fired power plants to utilize Maximum Available Control Technology, which would eliminate as much as 90% of mercury emissions in as few as 3 years.
Effective Date: October 1, 2004
For more information, please contact: Heather Barthel
HB 1012  Environment - Lead Poisoning Prevention
This bill diverts 50% of the fees and penalties collected in the Lead Poisoning Prevention Fund, administered by the Maryland Department of the Environment, to the Emergency Relocation Assistance Fund, which is created by this bill. The Department shall use the funds to provide grants to tenants living in noncompliant affected rental property for emergency relocation. The Department will adopt regulations concerning the allocation of the grants, including the requirements for applying and qualifying for the grants. The bill also increases the administrative penalty for not updating the registration of a property from up to $10 to $100 per day and also decreases from 90 to 30 days the time period, which the owner of property has to update the registration. The bill increases administrative penalties for violations of the subtitle from not to exceed $250 to $1,000 per day. It reduces the number of days from 20 to 10 which violations of this subtitle must be cured. The bill creates tiered criminal penalty provision as follows:
(1) For a first or second violation, a misdemeanor and on conviction is subject to a fine not exceeding $25,000 or imprisonment not exceeding 1 year or both;
(2) For a third or fourth violation, a misdemeanor and on conviction is subject to a fine not exceeding $50,000 or imprisonment not exceeding 3 years or both; and
(3) For a fifth or subsequent violation, a felony and on conviction is subject to a fine not exceeding $100,000 or imprisonment not exceeding 5 years or both.
The bill does not change the civil penalties for this subtitle.
Effective Date: October 1, 2004
For more information, please contact: Heather Barthel
I>HB 1039  Lead-Safe Housing - Income Tax Credit
This bill allows an individual or a corporation to claim a tax credit for an approved lead hazard reduction project for qualifying property. The credit allowed is for 90% of the direct costs of an approved lead hazard reduction project for a residential rental unit; for, 70% of the direct costs of an approved lead hazard reduction project for a child care center; and for 90% of the direct costs of an approved lead hazard reduction project for an owner-occupied property. For any taxable year, the total credit may not exceed $10,000 per unit or $50,000 total for any taxpayer.
Effective Date: July 1, 2004 and shall be applicable to all taxable years beginning after December 31, 2003
For more information, please contact: Heather Barthel
HB 1239  Environment - Reduction of Lead Risk - Permanent Relocation Payment
If an owner of an affected property fails to comply with the lead risk reduction requirements of Title 6 of the Environment Article, then, on request of the tenant, the owner shall immediately release the tenant from the terms of the lease or rental agreement and pay the tenant all reasonable relocation expenses, not to exceed $1,500, directly related to the permanent relocation of the tenant.
Effective Date: October 1, 2004
For more information, please contact: Heather Barthel
HB 1241  Home Improvement Contractor and Subcontractor Licenses - Lead Abatement Requirement
This bill requires that that an applicant for a home improvement contractor or subcontractor license, or an individual applying for the renewal of a license, be trained and accredited in providing lead paint abatement services.
Effective Date: October 1, 2004
For more information, please contact: Heather Barthel
HB 1245  Real Property - Repossession by Landlord - Compliance with Lead Poisoning Prevention Requirements
Effective Date: October 1, 2004
This bill adds to the requirement that when a landlord wants repossess a property and files a written complaint in the District Court of the county where the property is situated, the landlord must provide documentation that the landlord is in compliance with State's lead paint laws and provide the inspection number that is on file with the Maryland Department of the Environment.
Effective Date: October 1, 2004
For more information, please contact: Heather Barthel
HB 1246  Reduction of Lead Risk in Housing - Qualified Offer - Housing Subsidy
This bill adds an owner-occupied dwelling that complies with lead-safe standards established by the department to the definition of Lead-safe housing. It adds to the definition of Relocation expenses down payments, earnest money, and closing costs. The bill changes the term "rent subsidy" to "housing subsidy" and defines housing subsidy as the rent due for the lead-safe housing, which the tenant is relocated or the mortgage payment due for the owner-occupied property that is purchased by the tenant and which the tenant is relocated. It allows an individual to use funds from a qualified offer to purchase a home and that if an individual is going to use the funds to purchase a home they must complete counseling on budgeting, credit issues, and housing affordability with a nonprofit entity that has been certified to perform housing counseling by the United States Department of Housing and Community Development; and has been determined by the Internal Revenue Service to be exempt from taxation under § 501(c)(3), (4), or (6).
Effective Date: October 1, 2004
For more information, please contact: Heather Barthel
[ Go to Bills Introduced]
Research
HB 481  Human Cloning Prohibition Act of 2004
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. Since the bill 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 Barthel
HB 1021  Human Cloning Ban and Stem Cell Research Protection Act of 2004
The purpose of this bill is to prohibit human cloning while protecting medical research, specifically stem cell research. Under the bill a person may not conduct or attempt to conduct human cloning, ship a product of nuclear transplantation to or from the state for the purpose of human cloning, or export an unfertilized blastocyst to a foreign country that does not prohibit human cloning.
There is a criminal penalty provision, a violation of the subsection is a felony and on conviction subject to imprisonment not exceeding 10 years or a fine not exceeding $200,000 or both. It also allows for a civil penalty that varies depending on who the violator is. If the violator is a corporation, firm, clinic, hospital, laboratory, or research facility, the civil penalty may not exceed $1,000,000 or three times the gross pecuniary gain resulting from the violation, whichever is greater. If the violator is an individual, the civil penalty may not exceed $250,000 or three times the gross pecuniary gain resulting from the violation, whichever is greater.
The bill prohibits a somatic cell nucleus from being transplanted into an oocyte that has undergone or will undergo fertilization. An unfertilized blastocyst may not be maintained intact for more than 14 days after its first cell division, not including any time during which the unfertilized blastocyst is cryopreserved. The bill prohibits an oocyte from being used in nuclear transplantation research unless the oocyte was donated voluntarily and with informed consent. Nuclear transplantation may not be conducted in a laboratory in which human oocytes are subject to assisted reproductive technology treatments or procedures.
Effective Date: October 1, 2004
For more information, please contact: Heather Barthel
HB 1043  Health - In Vitro Services - Advance Directives for Cryopreserved Eggs, Sperm, or Embryos
This bill requires a health care provider or health care facility providing in vitro or assisted reproductive services in which eggs, sperm, or embryos are to be cryopreserved for storage to obtain a complete standard advance directive governing the disposition of the cryopreserved eggs, sperm, or embryos. In the case of an egg, the advance directive will be obtained from the female donor, for sperm from the male donor, and for an embryo from the male and female donor. The advance directive will include a selection of options that are available with regard to the disposition of cryopreserved eggs, sperm, or embryos. Included in the agreement will be policies and procedures to be followed in the event of nonpayment of storage fees. A health care provider or health care facility may not be held liable for civil damages and is not subject to any criminal or disciplinary action for a disposition of cryopreserved eggs, sperm, or embryos that is carried out in accordance with an advance directive. Before an advance directive is acted on it will be submitted to the Department of Health and Mental Hygiene for review and approval of its legality. If the Department disapproves the advanced directive it will provide detailed information as to why it was disapproved.
Effective Date: October 1, 2004
For more information, please contact: Heather Barthel
[ Go to Bills Introduced]
Tobacco Settlement
HB 1311  Cigarette Restitution Fund - Statewide Academic Health Center Grants - Clarifications
The bill amends and clarifies the Cigarette Restitution Fund's Statewide Academic Health Center grants by changing University of Maryland Medical Group to University of Maryland System Corporation, the University of Maryland Medical School, and the University of Maryland, Baltimore. In addition, it requires each institution that receives a statewide academic health center grant for cancer research, tobacco-related diseases research, or a network grant to submit a final annual report to DHMH that describes specific measurable outcomes and public benefits resulting from the grant expenditure. The report must be submitted in writing within 45 days of the end of the fiscal year covered by the grant.
Effective Date: July 1, 2004
For more information, please contact: Sheila Higdon
HB 1312  Tobacco Use Prevention and Cessation Program - Statewide Academic Health Center Public Health Grant - Distribution
This bill allows Sinai Hospital, the designated "major community hospital" in Baltimore City, to apply for a Cigarette Restitution Fund Statewide Academic Health Center Public Health Grant. DHMH may award grants to Johns Hopkins, the University of Maryland and Sinai Hospital for the purpose of coordinating Baltimore City's Comprehensive Plan for cancer prevention, education, screening and treatment efforts as follows: 30% of the total appropriation to Sinai and 35% each to Johns Hopkins and the University of Maryland.
Effective Date: October 1, 2004
For more information, please contact: Sheila Higdon
[ Go to Bills Introduced]
Tort Reform
HB 1123  Income Tax Credit for Malpractice Insurance Premium Increases
This bill allows for a tax credit against the state income tax if the amount paid by a licensed physician in the state for medical malpractice insurance for the taxable year exceeds the amount paid for insurance for the preceding taxable year by more than 10%. The licensed physician may claim a tax credit in an amount equal to 50% of the lesser of:

(1) the amount by which the amount paid for the current taxable year exceeds 110% of the amount paid for the preceding taxable year; and
(2) 40% of the amount paid for the preceding taxable year. If the credit allowed under this section exceeds the state income tax, the unused credit may not be carried over to any other taxable year.
Effective Date: July 1, 2004 (shall be applicable to taxable years beginning after December 31, 2003 but before January 1, 2007. It shall remain effective for a period of 3 years and sunset at the end of June 30, 2007).
For more information, please contact: Heather Barthel
HB 1237  Health Care Malpractice - Mandatory Mediation or Other Alternative Dispute Resolution Process
This bill mandates that a claim for a medical injury shall be subject to mediation or another alternative dispute resolution process and is not subject to arbitration. A claim may not be filed with a circuit court or the United States District Court until the mediator or neutral provider files notice that the alternative dispute resolution has not been effective. The parties have 30 days from the filing date to choose a mediator or neutral provider. If they do not choose one within the 30 days, one will be assigned. At least 15 days before the initial conference, the parties shall send the mediator or neutral provider a brief written outline of the strengths and weaknesses of their respective cases but do not have to provide this information to the other party. The parties and the claims representative for each defendant shall appear at all conferences. If the parties have not agreed to a settlement and the mediator or neutral provider finds that the alternative dispute resolution has not been effective in achieving a settlement, the mediator or neutral provider shall file a written notice that the alternative dispute resolution has not been effective and send copies of the notice to the parties. Within 60 days after the filing of a notice that the alternative dispute resolution has not been effective, the claimant shall file a complaint and the certificate of qualified expert in the appropriate circuit court or the United States District Court. After filing the complaint, the plaintiff shall serve a summons and copy of the complaint on each defendant or the attorney of record for each defendant. Delay without good cause in filing a complaint may constitute grounds for dismissal. If a party joins an additional health care provider as a defendant in an action, the party shall file a certificate of qualified expert with respect to the additional health care provider.
The bill will apply only prospectively and may not be applied or interpreted to have any effect on or application to any case filed in a court before the effective date of the bill.
Effective Date: June 1, 2004
For more information, please contact: Heather Barthel
HB 1299  Task Force on Medical Malpractice
This bill established a Medical Malpractice Task Force which will assess the extent to which the cost of medical malpractice liability coverage for health care providers, including health care providers in high-risk specialties, increased in recent years; determine the causes of the increased cost of medical malpractice liability coverage for those health care providers; study any aspect of the health care, insurance, or legal systems related to medical malpractice liability; and make recommendations to address the increased costs of medical malpractice liability coverage. The Task Force will consist of the following members:

(1) Three members of the Senate of Maryland, appointed by the President of the Senate;
(2) Three members of the House of Delegates, appointed by the Speaker of the House;
(3) The Attorney General, or the Attorney General's designee;
(4) The Secretary of Health and Mental Hygiene, or the Secretary's designee;
(5) The Maryland Insurance Commissioner, or the Commissioner's designee;
(6) The Director of the Health Claims Arbitration Office, or the Director's designee;
(7) the Chairman of the State Board of Physicians, or the Chairman's designee;
(8) Three circuit court judges appointed by the Chief Judge of the Court of Appeals, in consultation with the President of the Senate and the Speaker of the House;
(9) Two health care consumers, one of whom shall be appointed by the President of the Senate and one of whom shall be appointed by the Speaker of the House
(10) The following members appointed by the Governor, in consultation with the President of the Senate and the Speaker of the House:

(i) One representative of the Medical and Chirurgical Faculty of Maryland;
(ii) One representative of the Medical Mutual Liability Insurance Society of Maryland;
(iii) One representative of the Maryland Hospital Association;
(iv) One representative of the Maryland State Bar Association;
(v) One representative of the Maryland Defense Counsel;
(vi) One representative of the Maryland Trial Lawyers Association; and
(vii) One representative of the health insurance industry.
The Task Force shall report its findings and recommendations to the Governor, and to the General Assembly on or before December 15, 2004.
Effective Date: June 1, 2004 (The Task Force will remain effective for a period of 7 months and end December 31, 2004)
For more information, please contact: Heather Barthel
HB 1301  Medical Malpractice Insurance - Rates and Rate Filings
This bill provides that with regard to medical malpractice insurance rates due consideration be given to total investment income. It also provides that a 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 that the rate is in effect or for any other reason the rate is unreasonably high for the insurance coverage. The information provided in support of a filing for a medical malpractice insurance rate shall include a memorandum explaining the methodology the filer used to reflect the total investment income that the insurer reasonably expects to earn on all of its assets during the period that the proposed rate will be in effect.
Effective Date: October 1, 2004
For more information, please contact: Heather Barthel

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

Sheila Higdon shigdon@jhmi.edu

Jim Kaufman jkaufma@jhmi.edu

Bret Schreiber bschreiber@jhu.edu

Heather Barthel hbarthe1@jhmi.edu

Suchita Lorick slorick@jhsph.edu

Mickey Giesler mgeisler@jhu.edu

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Office of Government, Community and Public Affairs.
Last updated 04feb25