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The Annapolis Insider
Weekly Legislative Update
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Week of January 16 - January 20, 2017
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Greetings from The Arc Maryland Policy Team! Throughout the 2017 Session of the Maryland General Assembly, we bring you weekly recaps and updates every Friday on key legislation and events. The Legislative Session runs from January 11 - April 10 midnight 2017.
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Governor Hogan released his FY 2018 Proposed Operating Budget on January 18, 2017. The budget period is July 1, 2017 - June 30, 2018.
Highlights of the Developmental Disabilities Administration (DDA) Budget:
The Governor's budget fully funds Transitioning Youth exiting special education at age 21, all historically anticipated emergency placements, all individuals in the Crisis Resolution Category of the Waiting List (the highest priority of need), and establishes a Waiting List Initiative to start with 800 children, adults and families under two new capped Waivers. The DDA Waiting List is currently 8,000 individuals.
The Budget falls short in meeting the promise of the Direct Support Professionals Wage Increase, mandated at 3.5% in FY 2018. The Minimum Wage Act of 2014 created a mandate of a 3.5% rate increase annually over 4 years for DDA community services from FY 2016-2019. This increase is critical to maintaining a DDA reimbursement rate that remains above minimum wage and was intended to provide stability and financial resources to a workforce already facing severe shortages. Instead, the Governor's Proposed Budget funds 2 % increase - $15M short per the mandated level in the law. DDA also reverted $17M of unused funds during FY 2016 to the General Fund.
DDA legislative budget hearings will be held on March 1 and 2.
The Maryland State Department of Education (MSDE) Budget includes
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- Autism Waiver - $2.2M increase - 100 additional children
- Public Prekindergarten Education - $3.7 M increase
- Maryland Infants and Toddler Program - $10.4M - level funding
- Broadening Options and Opportunities for Students Today Program (BOOST) - $7M (Scholarships to students to attend private schools.)
- Child Care Subsidy Program - $2.7M increase for free or reduced child care with 2% subsidy rates to providers.
- Division of Rehabilitation Services (DORS) - $1M increase - 600 additional individuals.
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HB 1 The Maryland Healthy Working Families Act
Position: TBD
Requiring employers that employ 15 or more employees to provide employees with earned sick and safe leave that is paid at the same wage rate as the employee normally earns; requiring employers with 14 or fewer employees to provide an employee with unpaid earned sick and safe leave; providing for the manner in which earned sick and safe leave is accrued; authorizing an employee to work additional hours or trade shifts with another employee under specified circumstances; applying the Act prospectively; etc.
Hearing Date: TBD, EMC
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HB 7 Children with Elevated Blood Lead Levels - Environmental Investigation
Position: Support
Requiring the Department of the Environment, on or before October 1, 2018, to adopt regulations to establish procedures for conducting environmental investigations to determine the source of lead exposure for children with elevated blood lead levels greater than or equal to 10 micrograms per deciliter.
Hearing Date: TBD, E&T
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HB 18 Task Force to Improve Partnership for Assessment of Readiness for College and Careers Scores for Maryland Public School Students
Position: Support with Amendment to include disability advocates on task force.
Establishing the Task Force to Improve Partnership for Assessment of Readiness for College and Careers (PARCC) Scores for Maryland Public School Students; requiring the Task Force to identify the best practices of specified local school systems, assess specified needs, design specified plans, and make recommendations regarding specified matters; requiring the Task Force to submit a final report of its findings to the Governor, the State Board of Education, and the General Assembly on or before December 31, 2017; etc.
Hearing Date: TBD, W&M
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HB 65 Maryland Healthy Working Families Act
Position: TBD
Requiring employers that employ 15 or more employees to provide employees with earned sick and safe leave that is paid at the same wage rate as the employee normally earns; requiring employers with 14 or fewer employees to provide an employee with unpaid earned sick and safe leave; providing for the manner in which earned sick and safe leave is accrued; authorizing an employee to work additional hours or trade shifts with another employee under specified circumstances; applying the Act prospectively; etc.
Hearing Date: TBD, ECM
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HB 81 Estates and Trusts - Conditions of Disability and Incapacity - Confinement
Position: Support
Repealing "confinement" as a condition of disability for purposes of guardianship proceedings to protect a disabled individual's property; and repealing "confinement" as a condition of incapacity as defined under the Maryland Trust Act.
Hearing Date: TBD, HGO
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HB 123 Health Insurance - Required Conformity With Federal Law
Position: Monitor
Making specified provisions of the federal Patient Protection and Affordable Care Act relating to preventive and wellness services and chronic disease management applicable to individual health insurance coverage and health insurance coverage offered in specified small group and large group markets.
Hearing Date: TBD, HGO
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HB 127 Department of Health and Mental Hygiene - Board of Review - Repeal
Position: Oppose
Repealing provisions of law relating to the Board of Review of the Department of Health and Mental Hygiene; repealing provisions of law that require the Board of Review to make specified recommendations to the Secretary of Health and Mental Hygiene, advise the Secretary on specified matters, hear and determine specified appeals, and report at specified intervals to the Secretary; repealing provisions of law that authorize a person to file an appeal with the Board of Review; etc.
Hearing Date: TBD, HGO
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HB 128 State Disabilities Plan and Interagency Disabilities Board - Revisions
Position: Monitor
Altering the date, from October 1 to December 1 of each year, by which the Secretary of Disabilities must submit an annual analysis of the State's progress in implementing the State Disabilities Plan and related performance objectives to the Governor and the General Assembly; altering the membership of the Interagency Disabilities Board; and altering the required elements of the State Disabilities Plan.
Hearing Date: TBD, HGO
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HB 133 Environment - Reduction of Lead Risk in Housing - Notification of Elevated Blood Lead Level
Position: Support
Requiring the Department of the Environment or a local health department to notify the person at risk, or in the case of a minor, the parent or legal guardian of the person at risk, and the owner of the affected property on receipt of specified blood lead tests under specified circumstances.
Hearing Date: TBD, E&T
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HB 174 Education - Children With Disabilities - Individualized Education Program Process - Parental Consent
Position: Support
Requiring an individualized education program team to obtain written consent from a parent of a child with a disability if the team proposes specified actions; requiring an individualized education program team, in specified circumstances, to send a parent written notice no later than 5 business days after the individualized education program team meeting that informs the parents of specified rights to consent or refuse to consent; authorizing the use of specified dispute resolution options; etc.
Hearing Date: TBD, W&M
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HB 193 Baltimore County - Public Schools - Active Assailant Event Training and Drills
Position: Monitor
Requiring the Baltimore County Superintendent of Schools to conduct active assailant event training for Baltimore County school personnel each school year; requiring the Baltimore County Superintendent to require Baltimore County public schools to hold an active assailant event drill three times each school year; requiring specified training and drills to comply with guidelines established by the Maryland State Police; requiring each Baltimore County public school to keep records of the drills held; etc.
Hearing Date: TBD, W&M
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SB 1 Special Intervention Services
Position: Support
This bill defines "special intervention services" and would require local school systems to collect data and annually report to MSDE (State Department of Education) the number of students who receive specialize intervention services and the amount of funds allocated to support these services. Without this meaningful data, local school systems cannot identify trends or specific schools that may need additional assistance in identifying and supporting students who can benefit from special intervention services.
Hearing Date: 1/25 at 3 pm, EHEA
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SB 27 Substance-Exposed Newborns - Reporting
Position: Monitor
Repealing specified provisions exempting a health care practitioner from making a specified report regarding a substance-exposed newborn under specified circumstances; and making the Act an emergency measure.
Hearing Date: 1/24 at 1 pm, JPR
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SB 47 Reporting Abuse to the Long-Term Care Ombudsman Program and the Office of Health Care Quality
Position: Monitor
Clarifying that suspected abuse of a resident of a related institution is required to be reported to the Office of Health Care Quality and the Long-Term Care Ombudsman Program; requiring an ombudsman to comply with a specified federal law when reporting suspected abuse, neglect, self-neglect, or exploitation of an alleged vulnerable adult; authorizing the Long-Term Care Ombudsman Program to notify the Office of Health Care Quality or a law enforcement agency of an alleged abuse only under specified circumstances; etc.
Hearing Date: 1/19 at 1 pm, FIN
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SB 79/
HB 15 Destitute Adult Children - Extraordinary Medical Expenses for Developmental Disabilities - Parental Support
Position: Support
Adding the extraordinary medical expenses of a destitute adult child with a developmental disability to the support required from the destitute adult child's parent if the parent has or is able to earn sufficient means to provide the support; providing that a court may divide the support obligation for the extraordinary medical expenses of a destitute adult child with a developmental disability between the destitute adult child's parents in proportion to the parents' income; etc.
Hearing Date:
In House of Delegates
1/19 at 3 pm, JPR
In Senate 1/24 at 1 pm, JUD
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SB 85 Treatment of Foster Care Homes - Siblings
Position: Monitor
Authorizing the placement of up to three children, if two of the children are siblings, requiring treatment in a treatment foster care home so that siblings may be placed together if it is in the siblings' best interests; and defining "treatment foster care home" as an out-of-home placement facility that is part of a program designed and implemented by a child placement agency to provide intensive casework and treatment in a family setting to children with special, physical, emotional, or behavioral needs.
Hearing date: 1/24 at 1 pm, JPR
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SB 173 Commission on Access to Tax-Preferred Health and Childcare Savings Accounts for All Marylanders
Position: Monitor
Establishing the Commission on Access to Tax-Preferred Health and Childcare Savings Accounts for All Marylanders; providing for the composition, chair, and staffing of the Commission; authorizing the reimbursement of specified expenses; requiring the Commission to study and make recommendations regarding specified matters; requiring the Commission to report its findings and recommendations to the Governor and the General Assembly on or before January 1, 2018; etc.
Hearing date: TBD, B&T
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SB 180 Independent Living Tax Credit Act
Position: TBD
Allowing an individual or a corporation a credit against the State income tax equal to 50% of the renovation or construction costs incurred during the taxable year to provide specified accessibility and visitability features to or within a home; providing that the credit may not exceed $5,000; requiring applicants to file a specified application before a specified date and to file an amended return; applying the Act to all taxable years beginning after December 31, 2017; etc
Hearing date: TBD, B&T
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SB 201
Education - Fire Drill Requirements - State Fire Prevention Code
Position: Monitor
Requiring the State Superintendent of Schools to require each county superintendent of schools to hold fire drills in each public school in accordance with the State Fire Prevention Code.
Hearing date: TBD, EHE
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SB 216 Maryland Caregivers Support Coordinating Council - Renaming and Altering Membership and Duties
Position: Monitor
Renaming the Maryland Caregivers Support Coordinating Council to be the Maryland Commission on Caregiving; altering the membership of the Commission to include specified members of the General Assembly; requiring the Governor to consider groups representing specified individuals when appointing members to the Commission; and requiring the Commission to provide ongoing analysis of best practices in family caregiver support programs and to monitor implementation of the Commission's recommendations.
Hearing date: TBD, FIN
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SB 230 Labor and Employment - Maryland Healthy Working Families Act
Position: TBD
Requiring employers that employ 15 or more employees to provide employees with earned sick and safe leave that is paid at the same wage rate as the employee normally earns; requiring employers with 14 or fewer employees to provide an employee with unpaid earned sick and safe leave; providing for the manner in which earned sick and safe leave is accrued; authorizing an employee to work additional hours or trade shifts with another employee under specified circumstances; applying the Act prospectively; etc.
Hearing date: TBD, FIN
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Please note: the following abbreviations identify the legislative committees in the Maryland General Assembly.
House of Delegates
- Economic Matters Committee - EMC
- Environment and Transportation Committee - E&T
- Health and Government Operations Committee - HGO
- Judicial Committee - JUD
- Ways and Means Committee - W&M
Senate
- Budget & Taxation Committee - B&T
- Education, Health, and Environmental Affairs Committee - EHEA
- Finance Committee - FIN
- Judicial Proceedings Committee - JPR
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The Arc Maryland Policy Team
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| Cristine Marchand, Executive Director
Susan Somerville-Hawes
, Esq., Director of Public Policy & Advocacy - Children and Families
Jamie Stoner
, The Arc Maryland 2017 Public Policy Fellow; Director of Outreach, The Arc Northern Chesapeake Region
Andrew Siske, Legislative Intern, University of Baltimore School of Law
Aaron Stephens
, Deputy Director, The Arc of Frederick County
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