Legislative Hotline

2014 SESSION OF THE
MARYLAND GENERAL ASSEMBLY






Volume 20, Number 1





January 28, 2014

Here are some of the hot issues as the 2014 Legislative Session develops:

FY 2015 Budget Overview
Operating Budget Highlights
Capital Budget Highlights
Medical Liability Briefings
Maryland Health Benefit Exchange
New Medicare Waiver Briefing


BILLS INTRODUCED
STAFF CONTACT INFORMATION



FY 2015 Budget Overview

The Governor introduced the FY 2015 operating and capital budgets this week. The total operating budget is $39.2 billion, a 6% increase over FY 2014. As introduced, the budget includes a fund balance of $36.8 million. The total capital budget is $1.16 billion, a 9% increase over FY 2014. The General Assembly will begin holding hearings on agencies’ individual budgets, and these hearings will also include recommendations for reductions to the Governor’s budget. Legislative action on the budget will be completed in late March or early April.


Operating Budget Highlights

Medicaid

Assessments. The budget permanently reduces the assessment used to fund the Maryland Health Insurance Plan (MHIP), from 1 percent to 0.5 percent. The HSCRC will lower hospital rates to reflect this reduction ($45 million for FY 2015 and $60 million for FY 2016). Two thirds of the reduction will be available to fund hospital “community partnership” investments related to population health management under the new Medicare waiver. Under the Governor’s proposal, hospitals will apply to the HSCRC for funding of projects or investments related to community organizations, skilled nursing facilities, information technology, palliative care providers, and more. It is also proposed that DHMH will approve all community partnership investments, with preference given to multi-hospital, regional, and statewide efforts. There was no reduction in the Governor’s budget to the Medicaid deficit assessment.

MCO rates. The budget reduces MCO rates by 1%.

Physician Rates. The budget includes an additional $45 million to maintain Medicaid reimbursement rates to physicians at the Medicare level.

Higher Education

Sellinger. The budget funds state aid to non-public institutions $4 million below the statutory formula level, effectively level-funding the program at its FY 2014 level.

Scientific Research

Cancer Research Funding for Academic Medical Centers. The budget modestly increases CRF funding for cancer research at academic medical centers. Funding to Johns Hopkins is slated to increase from $1.79 million in FY 2014 to $2 million in FY 2015.

Stem Cell Research. The budget level-funds stem cell research at $10.4 million.

Economic Development

Biotech Tax Credit. The budget increases funding for the Biotech Tax Credit to $12 million.

Maryland Innovation Initiative. The budget level-funds MII at $5 million.


Capital Budget Highlights

The FY 2015 capital budget includes $15 million for a high performance computing center, to be located adjacent to the Bayview Medical Center and managed under a memorandum of understanding between Johns Hopkins University and the University of Maryland, College Park. This is the third installment of a three-year, $30 million commitment by the state.

Though not directly connected to our institution, the following projects are also of interest to Johns Hopkins because they impact the communities surrounding our campuses:

· $5 million for the East Baltimore Biotech Park;

· $1.5 million for the Central Baltimore Partnership;

· $1 million for the Baltimore Regional Neighborhoods Initiative; and

· $750,000 for the Baltimore Food Hub.


Medical Liability Briefings

The House Judiciary Committee and Baltimore City Delegation held briefings on medical liability issues this week. Johns Hopkins provided testimony at both briefings. The Judiciary Committee focused on access to health care and the medical liability system. Hospitals provided testimony on the risks to the health care system as a result of verdicts in recent birth injury cases. The City Delegation focused on access to OB services in Baltimore City. Hospitals provided testimony on a proposed birth injury fund (similar to funds in Florida, New York, and Virginia) as a solution to ensure access.


Maryland Health Benefit Exchange

The House and the Senate held hearings on emergency legislation that would allow individuals who were unable to sign up for a qualified health plan on Maryland’s Health Benefit Exchange (Exchange) to purchase a plan through Maryland’s Health Insurance Plan (MHIP). While the legislation is an emergency bill, the use of MHIP to provide health insurance to these individuals is intended to be temporary. The Maryland Hospital Association submitted a letter of concern on the state’s continued use of hospital assessments in supporting unexpected state commitments. Additionally, the Senate Finance committee held a briefing on the Exchange. While the administration promised that the website continues to improve, there is no commitment from the state as to when the website issues will be resolved. All four insurance companies selling products on the Health Benefit Exchange have agreed to provide coverage retroactive to January 1 as long as an individual is enrolled in a plan and submits payment by February 15.


New Medicare Waiver Briefing

The House Health and Government Operations Committee received a briefing from DHMH Secretary Josh Sharfstein and HSCRC Chairman John Colmers on the new waiver proposal, as approved by CMS. Members of the panel were generally supportive of the new proposal, although several of the committee’s Republicans raised concerns. Chairman Colmers emphasized the need for hospital assessments to be reduced.


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Behavioral Health
Budget - Capital
Budget - Operating
Firearm
General Education
Health Care Administration & Facilities
Health Care Facilities
Health Care Occupations
Health Insurance/Health Care Access
Health Reform
Health, General/Public/Environmental
Long Term Care
Medicaid
Miscellaneous
Pharmaceuticals
Workplace Regulation

BILLS INTRODUCED

Behavioral Health


SB67 Mental Hygiene - Standards for Emergency Evaluation and Involuntary Admission - Modification

Modifying specified standards for involuntary admissions of individuals with mental disorders to specified facilities or a Veterans' Administration hospital under specified circumstances; modifying specified standards for emergency evaluations of individuals with mental disorders under specified circumstances; etc.

Hearing Date: Wed 2/5 1:00 PM

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

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Budget - Operating


SB134/HB119 Maryland Health Insurance Plan - Access for Bridge Eligible Individuals

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

Hearing Date: Tue 1/14 2:00 PM

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

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Firearm


HB42 Public Safety - Firearms - Application Approval Before Sale, Rental, or Transfer

Prohibiting a licensed firearm dealer or other person, notwithstanding a specified provision of law, from selling, renting, or transferring a regulated firearm to a firearm applicant until the licensee or other person has received notice from the Secretary of State Police that the applicant's firearm application has been approved.

Hearing Date:

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

HB60 Repeal of the Firearm Safety Act of 2013

Repeals the prohibition against carrying a deadly weapon on public school property by allowing a person who is on active assignment engaged in law enforcement to wear, transport, or carry; repeals the prohibition on the possession or use of 10 rounds of ammunition during and in relation to the commission of a crime of violence by increasing it to 20 rounds of ammunition; alters the authorization for a person to wear, carry, or transport a handgun; repeals the designation of assault weapons and clarifies as assult pistol; etc.

Hearing Date:

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

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General Education


HB51 Public Schools - Boards of Education - Bullying Hotlines and Tip Boxes

This bill requires county boards of education to establish a toll-free bullying hotline and requires bullying tip boxes in public schools. The bill requires the completition of a bullying, harassment, or intimidation report on receipt of an act of bullying, harrassment, or intimidation on the bullying hotline or tip box.

Hearing Date: Wed 1/29 1:00 PM

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

HB76 Education - Implementation of the Common Core State Standards - Prohibition

This bill prohibits the State Board of Election and county boards of education from establishing specified educational policies, curriculum, and guidelines that include or are based on the Common Core standards.

Hearing Date: Wed 2/5 1:00 PM

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

HB86 Education - Maryland Seal of Biliteracy Act - Establishment

Establishing the Maryland Seal of Biliteracy Program; providing for the purpose of the Program; providing that participation in the Program by a local school system is voluntary; providing that beginning with the graduating class of 2015, specified students shall receive a Seal of Biliteracy under specified circumstances; requiring the State Board of Education to establish criteria and requirements on or before October 1, 2014; etc.

Hearing Date: Wed 1/29 1:00 PM

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

HB114 Education - Geographic Cost of Education - Requirement

Requiring that the county boards of education receive a specified grant to reflect regional differences in the cost of education that are due to factors outside of the control of the local jurisdiction; and repealing a provision that allowed for the reduction of a grant under specified circumstances.

Hearing Date: Wed 2/5 1:00 PM

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

SB14 Task Force to Study Starting Times for Maryland Public Schools

Establishing the Task Force to Study Starting Times for Maryland Public Schools; providing for the composition, chair, and staffing of the Task Force; prohibiting Task Force members from receiving compensation, but authorizing reimbursement for specified expenses under the Standard State Travel Regulations; requiring the Task Force to study and make recommendations relating to a later starting time for Maryland public schools; requiring the Task Force to submit a report; etc.

Hearing Date: Wed 1/22 1:00 PM

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

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Health Care Administration & Facilities


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

Authorizing the Maryland Health Care Commission to award funds received from any person or government agency; and authorizing the Commission to make agreements with a grantee or payee of funds, property, or services.

Hearing Date: Wed 1/15 1:00 PM

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

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

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

Hearing Date: Wed 1/15 2:00 PM

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

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Health Care Facilities


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

Authorizing the Governor to promulgate specified orders, rules, or regulations to authorize the use of specified alternate care sites by accredited health care facilities during a declared state of emergency; etc.

Hearing Date: Thu 1/16 1:00 PM

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

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Health Care Occupations


HB91 Health Occupations - Sexual Orientation Change Efforts - Prohibited

Prohibiting specified mental health care practitioners, including physicians, professional counselors and therapists, psychologists, and social workers, from engaging in specified sexual orientation change efforts with a patient who is a minor; providing that a specified mental health care practitioner who engages in sexual orientation change efforts with a minor patient shall be considered to have committed unprofessional conduct and shall be subject to discipline by a specified licensing board; etc.

Hearing Date:

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

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

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

Hearing Date: Thu 1/23 2:00 PM

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

HB150 Health Occupations - Maryland Behavior Analysts Act

Establishing the Behavior Analyst Advisory Committee within the State Board of Professional Counselors and Therapists; requiring the Board to adopt regulations and a code of ethics; requiring the Board to set fees for services provided by the Board to behavior analysts; providing for the composition, appointment, and terms of the Committee members; establishing powers and duties of the Committee; requiring specified persons to be licensed by the Board before performing specified work in the State; etc.

Hearing Date: Tue 2/4 1:00 PM

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

HB272/SB162 Health Occupations - Licensed Podiatrists - Scope of Practice

Altering the definition of "practice podiatry" to include the surgical treatment of acute ankle fracture in the scope of practice of licensed podiatrists.

Hearing Date: Wed 2/5 1:00 PM

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

SB138 Health Occupations - Board of Physicians - Reinstatement of Licenses

Requiring the State Board of Physicians to reconsider, under specified circumstances, the suspension or revocation of an individual's license to practice medicine, that is based on a specified ground for discipline relating to disciplinary action by a licensing or disciplinary authority in another state, on the request of the individual.

Hearing Date: Wed 1/29 1:00 PM

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

SB162/HB272 Health Occupations - Licensed Podiatrists - Scope of Practice

Altering the definition of "practice podiatry" to include the surgical treatment of acute ankle fracture in the scope of practice of licensed podiatrists.

Hearing Date: Wed 1/29 1:00 PM

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

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Health Insurance/Health Care Access


SB98 Health Insurance - Medicare Marketing Rules

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

Hearing Date: Wed 1/15 2:00 PM

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

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Health Reform


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

Establishing initial permit, permit renewal, and permit reinstatement fees for a SHOP Exchange enrollment permit; repealing specified conversion rights for specified group and blanket health insurance contracts; repealing provisions of law governing bona fide wellness programs; authorizing specified insurance carriers to include specified participatory wellness programs as part of an individual or group health benefit plan under specified circumstances; etc.

Hearing Date: Wed 1/15 2:00 PM

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

SB134/HB119 Maryland Health Insurance Plan - Access for Bridge Eligible Individuals

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

Hearing Date: Tue 1/14 2:00 PM

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

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Health, General/Public/Environmental


HB111/SB433 Public Health - Newborn Screening Program - Lysosomal Storage Disorders

Requiring that the Department of Health and Mental Hygiene's Newborn Screening Program include screening for specified Lysosomal Storage Disorders.

Hearing Date:

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

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Long Term Care


SB13 Long-Term Care Ombudsman Program Advisory Committee

Establishing the Long-Term Care Ombudsman Program Advisory Committee; providing for the purpose and the membership of the Advisory Committee; requiring the Advisory Committee to submit a specified annual report; providing for the terms of the members of the Advisory Committee; requiring the Office of the Long-Term Care Ombudsman to staff the Advisory Committee; etc.

Hearing Date: Thu 1/9 1:30 PM

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

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Medicaid


HB106 Senior Prescription Drug Assistance Program - Sunset Extension

Extending the termination date of the Senior Prescription Drug Assistance Program; and altering the period of time during which the subsidy required under the Senior Prescription Drug Assistance Program may not exceed a specified amount.

Hearing Date: Wed 1/15 1:00 PM

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

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Miscellaneous


HB157 Open Meetings Act - Advance Notice of Meeting - Agenda

Requiring a public body to include an agenda containing specified information in the advance notice of a meeting held by a specified public body.

Hearing Date: Wed 1/29 1:00 PM

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

HB177 General Assembly - Live and Archived Video Streaming of Meetings

Requiring the General Assembly to make available to the public specified video streaming of specified meetings of the Senate of Maryland, the House of Delegates of Maryland, and specified standing committees.

Hearing Date:

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

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Pharmaceuticals


SB228/HB398 State Board of Pharmacy - Election of Officers

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

Hearing Date: Wed 1/29 1:00 PM

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

SB257 Task Force to Study Access to Pharmacy Services in Maryland

Establishing the Task Force to Study Access to Pharmacy Services in Maryland; providing for the composition, chair, and staffing of the Task Force; prohibiting a member of the Task Force from receiving specified compensation, but authorizing the reimbursement of specified expenses; requiring the Task Force to study and make recommendations regarding specified matters; requiring the Task Force to report its findings and recommendations to specified individuals and committees of the General Assembly; etc.

Hearing Date: Wed 1/29 1:00 PM

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

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Workplace Regulation


HB37 Employment Discrimination - Dress and Grooming Standards

Establishes that the ability of an employer to create standards concerning an employee's dress and grooming that are directly related to the nature of the employment of the employee. Prohibits the employer from requiring or prohibiting specific hairstyles or facial hair or prohibiting an employee from wearing clothing or adopting modes of grooming based on sex.

Hearing Date:

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

HB72 Labor and Employment - State Minimum Wage Rate - Increase

Increasing the amount of the State minimum wage rate to $12.50 per hour.

Hearing Date: Tue 2/11 1:00 PM

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

HB187 Labor and Employment - Maryland Wage and Hour Law - Payment of Wages

Specifying that the State minimum wage rate be set for$8.20 beginning July 1, 2014, $9.15 in 2015, and $10.10 in 2016; requiring that the Commissioner publish the rate in the Maryland Register on or before April 1st each year; etc.

Hearing Date: Tue 2/11 1:00 PM

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

SB166 Labor and Employment - Minimum Wage - Establishment by Counties

Authorizing a county to establish a minimum wage rate for employees working in the county; and altering the minimum wage that an employer is required to pay employees to that of the county in which the employee is working or the minimum wage under the federal act.

Hearing Date:

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

SB204 Prevailing Wage Rates Reform Act of 2014

Expanding the applicability of the prevailing wage rate law to political subdivisions, agencies, and public works on property where the State, a political subdivision, or an agency is the owner or lessee by altering the definition of "public body"; altering the dollar amount for public work contracts at which the prevailing wage rate law applies; requiring that prevailing wage rates be calculated using wage rates established by specified collective bargaining agreements; etc.

Hearing Date:

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

SB212 Fairness for All Marylanders Act of 2014

Prohibiting discrimination based on gender identity with regard to public accommodations, housing, and employment and by specified licensed or regulated persons; prohibiting discrimination based on sexual orientation or gender identity with regard to commercial leasing; altering an exception for employers relating to standards concerning dress and grooming; providing specified immunity; requiring State personnel actions to be made without regard to gender identity or sexual orientation; defining the term "gender identity"; etc.

Hearing Date: Tue 2/4 1:00 PM

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

SB232 Procurement - Prevailing Wage - Applicability

Repealing a specified limitation on the applicability of the Prevailing Wage Law to the construction of a public work by revising the definition of "public body".

Hearing Date:

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

SB237/HB381 Human Relations - Employment Discrimination - Protections for Interns

Establishing that an intern is considered to be in an employment relationship with an employer for the purposes of specified protections from specified discriminatory acts, access to a specified complaint resolution procedure, and specified administrative remedies; providing that the Act does not create an employment relationship between an employer and an intern for the purposes of specified provisions of law; establishing the exclusive remedies for specified discriminatory acts; defining the term "intern"; etc.

Hearing Date: Tue 2/4 1:00 PM

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

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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

Chelsea Beaupre chelsea.beapre@jhu.edu
Mickey Geisler mgeisler@jhu.edu
Matt Greenwood mgreenwood@jhu.edu
Sheila Higdon shigdon@jhmi.edu
Nicki McCann nmccann@jhu.edu
Patrick Murray patrick.murray@jhu.edu
Delora Sanchez delora.sanchez@jhu.edu



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