The Arc Maryland's Weekly Legislative Update

February 12 to 16, 2024

Stay up to date on legislation through our Bill Tracker! View position statements, access bill text, and check hearing times and dates.
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DDA FY25 BUDGET UPDATE AND MEDICAID DISENROLLMENT CRISIS

Budget Update:

Last week, members of the DD Coalition and their public policy committees met with DDA Leadership to discuss the Governor's proposed budget for DDA in FY25 in detail. The administration confirmed that the proposed budget includes $2.1 billion for Community Services, including a 3% increase to rates, funding for emergency placements, funding for Transitioning Youth, and funding to bring more people off the waiting list. As of today, we do not have specific numbers of people that the budget is intended to fund, nor do we have assurances that there is funding in the budget for LISS (Low-Intensity Support Services) and housing vouchers. We have been assured that DDA is working to get us these numbers so we can work together to ensure the funding matches the projected needs of people with IDD.


Notably absent from the budget is funding to ensure we are making progress on the full funding of our rates (also known as the "glide path" to full funding with a goal of 100% funding by FY26). While there are still adjustments that we think are needed for certain service rates, we know that current rates for services like community living are not fully funded, and this impacts capacity and the ability to recruit and retain qualified caregivers. Without additional funding, we will be facing a steep gap in the coming years between what funding is needed for full-rate funding and the amount of funding the state needs to come up with for full-rate funding.


Medicaid Disenrollments:

We also discussed a growing concern, with DDA, that several individuals with IDD have lost their Medicaid waiver eligibility. During the years of the pandemic, the state-operated under an "Appendix K" waiver authority to continue the enrollment of people in Medicaid. When that authority ended, the state began a process of unwinding Appendix K flexibilities. This process includes completing re-determinations of Medicaid eligibility for people with IDD and others. Over the past few months, people we support have been finding out that they are disenrolled. Sometimes, they receive notice of this action from Medicaid and can appeal the decision timely, but other times, and despite properly completing waiver re-determination paperwork, they are finding out they have been dropped from Medicaid at the point they try to access health services. The DD Coalition is currently collecting data to understand the scope of this issue which affects thousands of people with IDD and the supports they rely on for health, safety, and community access. People with disabilities in our Medicaid Waiver programs are able to get support with living, working, and related activities. Without these services, people and providers will be in crisis with a lack of alternative options for accessing needed services and supports.


What Can You Do?

Budget Advocacy: Fact Sheets and Talking Points for DD Day will be available on the DD Council website in English and Spanish later this week. Please use these in your conversations with your representatives.


Medicaid Advocacy: We will also have a position sheet on this issue available on the DD Council website as a part of the DD Day packet, later this week. In the meantime, please check your Medicaid eligibility status and appeal disenrollment decisions within 10 days of receiving a termination decision to ensure the continuance of services.

TOP BILLS OF THE WEEK

HB0837 - More Opportunities for Career–Focused Students Act of 2024


Position: Support


Current Status: In House W&M Hearing 2/14 at 1 PM. Testimony due between 8 AM and 6 PM on 2/12 through the MGA website.


This bill would require county boards of Education to consider the pursuit of certificates, certifications, or apprenticeships as the equivalent of pursuing postsecondary education and provide a method for a student or their parent/guardian to authorize the share their personal information with apprenticeship sponsors and employers, and require high schools to inform students of these employment and skills training opportunities.


We believe that this legislation would provide transitioning youth with great opportunities for post-education and career options.

SB0347 - Medical Cannabis – Employees in Health Care Settings Caring for Qualifying Patients


Position: Letter of Information


Current Status: In Senate FIN Hearing 2/15 at 1 PM. Testimony is due between 8 AM and 6 PM on 2/14 through the MGA website.


This legislation would authorize designated medical personnel to administer medical cannabis to qualifying patients only if it is obtained through the qualifying patients' caregiver and administered with the certifying provider's written instructions. It would also provide that designated medical personnel are not required to register with the Maryland Cannabis Administration and exempt designated medical personnel from civil and criminal penalties relating to the administration of medical cannabis.


Cannabis has health benefits for people with IDD and certain conditions. Allowing staff to administer with Board of Nursing guidelines would ensure people who use this substance for medicinal purposes can receive it. We have concerns, however, that because cannabis is not legal on a federal level, this could jeopardize our federal match on the Medicaid dollars. That would be very bad for the state if we lost the federal match for violating federal law.

HB0420 - State and Local Parks - Play Area Accessibility - Communication Boards


Position: Support as Amended


Current Status: In House E&T, Hearing 2/14 at 1 PM. Testimony was due last Friday.


This bill would require the Department of Resources and local governing bodies to construct communication boards in new public play areas. A similar bill last year for school playgrounds that we supported was ultimately withdrawn. We support an amendment with DD Council to alter the definition of a communication board. Our testimony will reflect this.

HB0698 - Estates and Trusts - Guardianship of the Person of a Disabled Person - Expedited Proceedings


Position: Oppose


Current Status: In House JUD, Hearing 2/14 at 1 PM. Testimony is due today. SB0759 Cross-filed bill will be in Senate JPR on 2/20 at 1 PM. Testimony is due between 8 AM and 6 PM on Monday, 2/19 through the MGA website



Disability Rights Maryland has been a part of a two-year project to create a report and toolkit, to divert the "Healthcare to Guardianship Pipeline." The project was funded by the ACL through an Elder Justice Innovations Grant and is projected to be completed in the fall. The report and toolkit will provide solutions to hospital overstays and ways to address barriers we are facing with bed capacity. Guardianship will also be examined, along with viable alternatives to the assignment of a guardian.


We agree that hospital overstays are an issue, but disagree that an expedited process for assigning a guardian to a hospitalized person is the remedy for people with IDD. Guardianship reviews are important and should be done in the time needed to gather all pertinent information for a decision. To mandate that reviews should be expedited could result in more people with IDD remanded to guardianships, instead of having the opportunity to exercise alternatives to guardianship such as Supported Decision Making, exhausting these options prior to the consideration of a guardianship appointment. We have met with some of the bill Sponsors to convey concerns in hopes we can arrive at a different solution to the problem they seek to resolve, which we believe may include withdrawing the bill to await the outcomes of the 2-year project report and toolkit.

UPCOMING BRIEFINGS AND EVENTS

SOLD OUT: Developmental Disabilities Day at the Legislature

February 21st, 8 to 11 AM


It's the most wonderful time of the year! We are excited to announce that while we are sold out for DD Day (with more than 750 people expected to attend) there are still many ways to be a part of the day. Tune into a live stream of the event on the Maryland Developmental Disabilities Coalition's Facebook page here, or join the event waitlist here in case any tickets become available.


For those who have registered, please plan your trip to allow ample time for parking and arriving at the venue. Breakfast and beverages will be available, along with fact sheets on the DD Coalitions' legislative priorities.

Registration is now open for The Arc Maryland Statewide Convention & Awards Banquet

May 30th


Mark your calendars for May 30th! Our Convention & Awards Banquet is back once again at Turf Valley Resort in Howard County! This year's theme is Leading the Way. Full-day tickets to the event are now available, with lunch-only and add-ons set to release soon.


Want to highlight your support at the event? Sponsorship opportunities are also available to showcase your business or organization for an anticipated 300 self-advocate, family member, professional, legislative leader, and partner affiliate attendees!

Get Your Tickets to the 2024 Convention
Download the Sponsor Form

HEARING SCHEDULE

Please See the Bill Tracker for Our Positions on These Bills

Tuesday, February 13th at 1:00 PM in House HGO

  • HB0581 - State Government - Permits, Licenses, and Certificates - Processing (Transparent Government Act of 2024)


Tuesday, February 13th at 1:00 PM in House JUD

  • HB0547 - Crime of Violence - Educational Facilities, Medical Facilities, and Places of Worship - Penalty (Sacred Places Safety Act)


Tuesday, February 13th at 1:00 PM in House W&M

  • HB0142 - Election Law - Polling Places - Establishing Voter Identity (Voter Privacy Act of 2024)
  • HB0164 - Election Law - Voter Registration List - Absentee Voters (Absentee Ballot Transparency Act of 2024)
  • HB0192 - Elections - In-Person Voting - Proof of Identity
  • HB0202 - Election Law - Absentee Ballots - Signature Requirements and Verification
  • HB0614 - Election Law - Curbside Voting


Tuesday, February 13th at 1:00 PM in Senate FIN

  • SB0124 - Maryland Medical Assistance Program and Health Insurance - Annual Behavioral Health Wellness Visits - Coverage and Reimbursement


Tuesday, February 13th at 1:00 PM in Senate FIN

  • SB0052 - Juvenile Justice Restoration Act of 2024
  • SB0120 - Juvenile Law - Custodial Interrogation - Parental Consultation
  • SB0314 - Juvenile Law - Willful Misconduct of a Minor - Civil Liability of a Parent, Legal Guardian, or Custodian (Parental Accountability Act)

Wednesday, February 14th at 1:00 PM in House EMC

  • HB0251 - Unemployment Insurance - Covered Employment - Employees of Governmental Entities or Charitable, Educational, or Religious Organizations
  • HB0571 - Family and Medical Leave Insurance Program - Modifications


Wednesday, February 14th at 1:00 PM in House E&T

  • HB0420 - State and Local Parks - Play Area Accessibility - Communication Boards


Wednesday, February 14th at 1:00 PM in House HGO

  • HB0103 - Maryland Medical Assistance Program - Dental Services - Coverage and Rate Study
  • HB0215 - Human Services - Attendant Care Program - Ongoing Additional Supports
  • HB0509 - Developmental Disabilities - Community Providers - Federal Participation for Local Funds
  • HB0767 - Maryland Medical Assistance Program - Adult and Pediatric Dental Services - Reimbursement Rates


Wednesday, February 14th at 1:00 PM in House JUD

  • HB0698 - Estates and Trusts - Guardianship of the Person of a Disabled Person - Expedited Proceedings


Wednesday, February 14th at 1:00 PM in House W&M

  • HB0615 - Education - Prohibited Behavior on School Grounds and Property - Application
  • HB0837 - More Opportunities for Career–Focused Students Act of 2024

Thursday, February 15th at 1:00 PM in House HGO

  • HB0982 - Genetic Testing - Prohibitions on Disability, Life, and Long-Term Care Insurance (Genetic Testing Protection Act of 2024)


Thursday, February 15th at 1:00 PM in Senate FIN

  • SB0347 - Medical Cannabis – Employees in Health Care Settings Caring for Qualifying Patients

Friday, February 16th at 9:00 AM in Senate EEE

  • SB0772 - Elections - In-Person Voting - Proof of Identity


Friday, February 16th at 11:00 AM in Senate FIN

  • SB0485 - Family and Medical Leave Insurance Program - Modifications
  • SB0600 - Maryland Medical Assistance Program - Dental Services - Coverage and Rate Study


Friday, February 16th at 1:00 PM in House HGO

  • HB0403 - End-of-Life Option Act (The Honorable Elijah E. Cummings and the Honorable Shane E. Pendergrass Act)


Friday, February 16th at 1:00 PM in House JUD

  • HB0403 - End-of-Life Option Act (The Honorable Elijah E. Cummings and the Honorable Shane E. Pendergrass Act)

Tuesday, February 20th at 1:00 PM in House APP

  • HB0791 - Operating Budget - Funding - Scholarships for Nonpublic School Students


Tuesday, February 20th at 1:00 PM in House JUD

  • HB0758 - Criminal Law – Crime of Violence – Second Degree Assault of a School Employee or Subcontractor (School Assault Reduction and Prevention Act)
  • HB0788 - Human Relations - Protections Against Discrimination - Criminal Records


Tuesday, February 20th at 1:00 PM in House W&M

  • HB0775 - Election Law - Voters With Disabilities - Electronic Ballot Return


Tuesday, February 20th at 1:00 PM in Senate FIN

  • SB0599 - Developmental Disabilities - Community Providers - Federal Participation


Tuesday, February 20th at 1:00 PM in Senate JPR

  • SB0666 - Human Relations - Discrimination by a Place of Public Accommodation
  • SB0759 - Estates and Trusts - Guardianship of the Person of a Disabled Person - Expedited Proceedings

Wednesday, February 21st at 1:00 PM in House E&T

  • HB0773 - Human Services - Individuals With Disabilities and Service-Disabled Veterans Boating Fund


Wednesday, February 21st at 1:00 PM in House HGO

  • HB0723 - Office of the Attorney General - Rights of Residents of Health Care Facilities - Injunctive Relief and Penalties


Wednesday, February 21st at 1:00 PM in House JUD

  • HB0978 - Courts – Maryland Court Text Message System – Establishing, Implementing, and Maintaining


Wednesday, February 21st at 1:00 PM in House W&M

  • HB0881 - Anne Arundel County - Public Schools - Innovative Scheduling Pilot Program
  • HB0890 - Public Schools - Discipline-Related Data - Collection and Publication
  • HB0903 - Education - Access to Attorneys, Advocates, and Consultants for Special Education Program and Fund - Established
  • HB1027 - Education - Primary and Secondary Schools - Alternative School Options (Right to Learn Act)


Wednesday, February 21st at 1:00 PM in Senate B&T

  • SB0859 - State Department of Education - Division of Rehabilitation Services - Funding


Wednesday, February 21st at 1:00 PM in Senate EEE

  • SB0495 - Election Law - Petitions and Ballot Questions - Plain Language Requirement
  • SB0802 - Election Law - Voters With Disabilities - Electronic Ballot Return

Thursday, February 22nd at 1:00 PM in Senate EEE

  • SB0472 - State Government - Permits, Licenses, and Certificates - Processing (Transparent Government Act of 2024)
  • SB0597 - Human Services - Individuals With Disabilities and Service-Disabled Veterans Boating Fund


Thursday, February 22nd at 1:00 PM in Senate FIN

  • SB0513 - Employment Discrimination – Use of Cannabis Products

Friday, February 23rd at 9:00 AM in Senate EEE

  • SB0592 - Maryland Achieving a Better Life Experience (ABLE) Program - Materials for Individualized Education Program Meetings
  • SB0797 - Education - Access to Attorneys, Advocates, and Consultants for Special Education Program and Fund - Established


Friday, February 23rd at 1:00 PM in House EMC

  • HB0525 - Employment Discrimination – Use of Cannabis Products
Please Note: the following abbreviations identify the Legislative Committees in the Assembly:

House of Delegates:

APP - Appropriations

EMC - Economic Matters

E&T - Environment and Transportation

HGO - Health and Government Operations

HRU - Rules and Executive Nominations

JUD - Judiciary

W&M - Ways and Means

Senate:
B&T - Budget and Taxation
EEE - Education,Energy, and the Environment
EXN - Executive Nominations
FIN - Finance
JPR - Judicial Proceedings
SRU - Rules
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