The Arc Maryland's Weekly Legislative Update

Week of Session: February 26 to March 4, 2023

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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DD DAY AT THE LEGISLATURE

On February 22nd, the Maryland Developmental Disabilities Coalition, leaders in Maryland's House and Senate, Governor Wes Moore, Lt. Governor Aruna Miller, several additional dignitaries, and over 500 advocates joined together in Annapolis for our largest day of advocacy of the year! The energy amongst attendees was unmatched, as they heard about key legislative issues affecting the lives of Marylanders with IDD before heading out to meet with their representatives!


Thank you to everyone who attended and watched from home to make this year's event the best one yet. If you missed the big day, you can still watch an event recording, download fact sheets, and see event photos through the buttons below.

Watch the DD Day Recording
Download DD Fact Sheets
Check Out DD Day Photos

DDA BUDGET HEARINGS AND OTHER ACTIVITY LAST WEEK

Last week, The Arc Maryland joined other advocates to testify on the DDA's FY24 budget; to bring the input and concerns of advocates across Maryland to the House and Senate. The Arc Maryland's Executive Director Ande Kolp and other advocates provided key testimony to legislators emphasizing the importance of rate increases to individuals with IDD, true choice, striving to provide the best supports possible through policy, and funding that supports quality services for people with IDD.


The draft budget is favorable for DDA Community Services with appropriations for emergency services, Transitioning Youth, LISS, a 4% increase mandated by the Minimum Wage Act of 2019, and an additional increase of 8% funding to cover expedited escalation of minimum wage increases included in proposed legislation.


Members of The Arc Maryland Governmental Affairs Committee and Board also testified on several bills last week, including HB0546 (Tony Zanfordino), SB0551 (Lori Scott), and Ande Kolp (SB0343, HB0395, and Budget bills in the House and Senate).

Check out the DDA Budget Fact Sheet Here
TOP BILLS OF THE WEEK

HB0549 / SB0555 - Fair Wage Act of 2023

Link to Bill Text: HB0549/SB0555


Position: Support with Amendments


Current Status:

HB0549 in House EMC hearing 2/27 at 1 PM

SB0555 in Senate FIN hearing 3/2 at 1 PM



This bill would increase the state minimum wage rate in effect for certain periods of time; increasing, except under certain circumstances, the State minimum wage rate in effect for certain periods of time based on annual growth in a certain consumer price index; altering the authority of the Board of Public Works to temporarily suspend an increase in the minimum wage rate; and repealing the requirement that the Governor's budgets for certain fiscal years include certain provider rate increases.


The bill includes funding for DDA Community Providers upon the escalation of the state minimum wage, but is silent on future increases in the minimum wage that would be tied to the CPI in this bill. We have made our position known to the administration. We support the escalation of the minimum wage to $15 per hour by October 2023, with funding for DD providers, but would not be able to support a CPI escalator for future minimum wage increases without commensurate funding for DD providers. Without this funding commitment, our rates would not keep pace with increases in the state minimum wage and cost of living.

HB0988 / SB0828 - Family and Medical Leave Insurance Program- Modifications

Link to Bill Text: HB0988/SB0828


Position: Support or Support with Amendment


Current Status: HB0988 in House EMC hearing 3/7 at 1 PM

SB0828 in Senate FIN hearing 3/2 at 1 PM


These bills attempt to clean up some of the outstanding issues with the Family Medical Leave Act legislation that passed last legislative session. Both bills change the definition of a person's condition which would render them eligible to use leave under the insurance program. Under this change, a person would be eligible for leave with a statement from their doctor that they had "a serious health condition that prevents the person from being able to perform one or more functions of their position."


The bills also establish demographic data reporting requirements to monitor use of the insurance plan, and contain a clause that "the state shall pay contributions required under subsection (F) of this section for: employers that are community providers, or community-based agencies (reference to DDA)."


In the Senate version of the bill, the employer would contribute 25% and the employee would be responsible for 75% of the premium payments to the plan. In the House version of the bill, the split would be 50% / 50%.


We are seeking clarification on the implications of the change in language for leave eligibility, and we are also concerned that the previous statement, in the law, related to an exemption for Self Direction employers is absent from this modification bill. This may or may not be an issue, depending on the sections of the statute this bill would amend.


We are grateful for the clarification regarding DD and other Medicaid provider premiums being covered by the state. Without this commitment, participation of providers in this leave insurance program would amount to an unfunded mandate.

HB1148 / SB0582 - Behavioral Health Care - Treatment and Access (Behavioral Health Model for Maryland)

Link to Bill Text: HB1148/SB0582


Position: Support with Amendment


Current Status:

HB1148 in House HGO hearing 2/28 at 1 PM

SB0582 in Senate FIN hearing 3/7 at 1 PM



This bill would establish the Commission on Behavioral Health Care Treatment and Access to make recommendations to provide appropriate, accessible, and comprehensive behavioral health services to individuals in the State. It would also establish the Behavioral Health Care Coordination Value-Based Purchasing Pilot Program in the Maryland Department of Health, requiring, on or before December 1, 2023, the Department to submit a State plan amendment to the Centers for Medicare and Medicaid Services to establish certified community behavioral health clinics.


The commission to be created by this bill would include membership from the DD Coalition and also another member from Disability Rights Maryland. We think it is important that the Behavioral Health Care needs of the IDD Community are appropriately represented on the Commission, and there is currently not a member of the IDD Community or a parent of a person with IDD on the Commission. We are requesting in an amendment that a member or two from this community be added to the Commission. We also ask that the sponsor amend the bill to add a focused workgroup that has a lens on the behavioral healthcare needs of people with IDD.

HB985: Primary and Secondary Education - Virtual Schools - Alterations

Link to Bill Text: HB0985


Position: Oppose


Current Status: In House W&M hearing 3/1 at 1 PM


This bill would authorize the State Department of Education, a county board of education, or a public institution of higher education to establish a statewide virtual school in the State and authorize a student who is eligible for enrollment in a public school in State to enroll in any virtual school established throughout the State; repealing certain provisions of law regarding the establishment and operation of virtual schools; requiring the State to distribute certain funds to virtual schools; etc.


The Arc Maryland opposes this bill with our partners on the Education Advocacy Coalition. We believe this would, in part, exempt virtual schools from regulations relating to curriculum, class size, instruction, staffing ratios, professional development, and textbooks. 


Virtual schools established by this bill would need to determine if they could provide a free and appropriate public education (FAPE) to a student with a disability who wants to attend the school. The federal Individuals with Disabilities Education Act (IDEA) specifies the requirements regarding education of students with disabilities, implementation of Individuals Education Programs (IEPs), related services, and supplementary services and supports which could include, for example, professional development for staff, adjustments in class size or staffing, curriculum adaptation or modification, and provision of adapted textbooks. These legal requirements cannot be waived.


We believe students with disabilities would be denied FAPE if this bill were to pass as written, and based on experience when students with disabilities were denied access to virtual school instruction with proper IEP implementation during the pandemic. For these reasons, we oppose this bill.

TOP HEARINGS COMING UP NEXT WEEK

HB1149/SB0622 - Medicaid Waiver Programs – Waitlist and Registry Reduction (End the Wait Act)

Link to Bill Text: HB1149/SB0622


Position: Support with Amendment


Current Status:

HB1149 in House HGO hearing 3/7 at 1 PM

SB0622 in Senate B&T hearing 3/7 at 1 PM



This bill clarifies certain intentions of the 2022 End the Wait legislation. It would authorize certain Medicaid funding to be used for hiring and retaining providers in certain waiver programs; and alter the uses of certain funding appropriated to the Dedicated Purpose Account in the fiscal year 2023 budget bill.


The Sponsors have agreed to an amendment to clarify how the money in the dedicated purpose account may be spent- that the funding shall go toward providing services for people on waiting lists and may also be used to support providers to expand capacity to serve people.

HB1176 - Voluntary 9-1-1 Registry for Individuals Needing Special Assistance

Link to Bill Text: HB1176


Position: Support


Current Status: In House HGO hearing 3/8 at 1 PM


This bill would establish the 9-1-1 Registry Program to authorize individual adults, parents or guardians of minor children, or guardians of individuals with special needs to register with a local jurisdiction or local 9-1-1 call center in order to alert first responders of certain behaviors, diagnoses, or traits that individuals with special needs may present during encounters with first responders. It would require local jurisdictions and local 9-1-1 centers to create 9-1-1 registry programs meeting certain characteristics and have procedures for adding and removing names from the registry and periodic registry clean-up.


We believe this bill incorporates advocate feedback and addresses previous concerns. It would provide a voluntary opportunity for people with IDD or their parents to be a part of a registry program to self-disclose information that they feel would be helpful for police and other first responders to have. It would also enable parents to upload and update recent photos of their loved ones. This can be very helpful for individuals who exhibit certain behaviors when stressed, have sensitivities elevated sound or touch, individuals who do not use words to effectively communicate, and individuals who may wander.


This does not completely solve our issues with first responder response, but adds one more tool to our toolbox and helps improve communication and collaboration between first responders and families.


There are similar registries in Howard County and Southern Maryland that have been effective. If you are a person with disabilities or a parent who wants this optional service or already benefits from the special needs registries in certain counties, please consider signing up to testify for this bill. Testimony is due next Monday. Please contact Ande Kolp at [email protected] if you need assistance with testimony or signing up.

HB0933 - End–of–Life Option Act (The Honorable Elijah E. Cummings and the Honorable Shane E. Pendergrass Act)

Link to Bill Text: HB0933/SB0845


Position: Letter of Information or Position with Amendment that would allow us to testify orally


Current Status:

HB0933 in House HGO hearing 3/10 at 1 PM

SB0845 in Senate FIN hearing 3/7 at 1 PM



This bill would legalize medical assistance in dying; authorizing an individual to request aid in dying by making certain requests; establishing requirements and prohibitions governing aid in dying, including requirements related to requests for aid in dying, consulting physicians, mental health assessments, the disposal of drugs prescribed for aid in dying, health care facility policies, and the effect of aid in dying on insurance policies; authorizing a pharmacist to dispense medication for aid in dying only to certain individuals under certain circumstances; etc.


It is the position of The Arc US to oppose legislation such as this due to historically disparate, inequitable healthcare for people with IDD, a persistent lack of understanding regarding prognosis for people with certain conditions, and fears related to denial of healthcare due to misunderstandings about quality of life of people with IDD. The position on this in Maryland is somewhat divided amongst people with IDD. We recognize the growing support in Maryland for this legislation and our goal is to try to ensure that anything that might pass has certain protections built in, and data requirements to protect individuals with IDD from misuse of this option. The Arc Maryland's Governmental Affairs Committee will be discussing this bill further this week.

HEARING SCHEDULE

Monday, February 27th at 1:00 PM in House EMC

  • HB0549 - Fair Wages Act of 2023

Tuesday, February 28th at 1:00 PM in House HGO

  • HB0504 - Maryland Developmental Disabilities Council - Establishment
  • HB0596 - Health and Human Services Transportation Improvement Act of 2023
  • HB0657 - Maryland Medical Assistance Program - Employed Individuals With Disabilities
  • HB0726 - Maryland Medical Assistance Program - Autism Waiver - Military Families
  • HB1148 - Behavioral Health Care - Treatment and Access (Behavioral Health Model for Maryland)

Tuesday, February 28th at 1:00 PM in House E&T

  • HB0826 - Statewide Rental Assistance Voucher Program – Establishment

Tuesday, February 28th at 1:00 PM in Senate EEE

  • SB0848 - Statewide Rental Assistance Voucher Program – Establishment

Tuesday, February 28th at 1:00 PM in Senate FIN

  • SB0732 - Department of Disabilities - Maryland Commission on Disabilities - Membership

Wednesday, March 1st at 1:00 PM in House HGO

  • HB0456 - Pharmacies - Prescription Drugs - Accessible Labels for Blind, Visually Impaired, and Print Disabled Individuals

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

  • HB0985 - Primary and Secondary Education - Virtual Schools - Alterations
  • HB1054 - School Health and Vision Services – Screenings and Eye Examinations
  • HB1219 - Maryland Educator Shortage Act of 2023

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

  • SB0468 - Funding for Wage Increases for Medical Provider Workers

Wednesday, March 1st at 1:00 PM in Senate EEE

  • SB0388 - Public Schools - Standardized Behavioral Health Questionnaire for Students - Development and Implementation

Thursday, March 2nd at 1:00 PM in Senate FIN

  • SB0555 - Fair Wages Act of 2023
  • SB0828 - Family and Medical Leave Insurance Program - Modifications

Tuesday, March 7th at 1:00 PM in House EMC

  • HB0988 - Family and Medical Leave Insurance Program - Modifications

Tuesday, March 7th at 1:00 PM in House HGO

  • HB0685 - Medical Cannabis - Employees in Health Care Settings Caring for Qualifying Patients - Exemption
  • HB0725 - Maryland Medical Assistance Program, Maryland Children's Health Program, and Community First Choice Program - Reimbursement of Service Providers
  • HB1149 - Medicaid Waiver Programs – Waitlist and Registry Reduction (End the Wait Act)

Tuesday, March 7th at 1:00 PM in House W&M

  • HB0926 - Election Law - Polling Places - Establishing Voter Identity (Voter Privacy Act of 2023)
  • HB0943 - Election Law – Voter Registration List – Absentee Voters (Absentee Ballot Transparency Act of 2023)
  • HB1216 - Election Law - Voting - Proof of Identity

Tuesday, March 7th at 1:00 PM in Senate B&T

  • SB0622 - Medicaid Waiver Programs – Waitlist and Registry Reduction (End the Wait Act)

Tuesday, March 7th at 1:00 PM in Senate FIN

  • SB0582 - Behavioral Health Care - Treatment and Access (Behavioral Health Model for Maryland)
  • SB0604 - Maryland Medical Assistance Program – Provider Agencies and Personal Care Aides – Reimbursement and Wages

Tuesday, March 7th at 1:00 PM in Senate JPR

  • SB0845 - End–of–Life Option Act (The Honorable Elijah E. Cummings and the Honorable Shane E. Pendergrass Act)

Wednesday, March 8th at 1:00 PM in House HGO

  • HB1141 - State Information Technology – Social Media Applications – TikTok Prohibition
  • HB1144 - State Government - Equal Access to Public Services for Individuals With Limited English Proficiency - Modifications
  • HB1176 - Voluntary 9-1-1 Registry for Individuals Needing Special Assistance

Wednesday, March 8th at 1:00 PM in House W&M

  • HB1091 - Education - Screening Requirements for Students With Reading Difficulties - Alterations
  • HB1114 - Education - Prohibited Behavior on School Grounds and Property - Application
  • HB1164 - Public Schools - Expanded American History - Development of Content Standards and Implementation
  • HB1222 - State Department of Education - Division of Rehabilitation Services - Funding and Staffing

Wednesday, March 8th at 1:00 PM in Senate B&T

  • SB0735 - Workgroup to Study the Wages of Education Support Professionals

Wednesday, March 8th at 1:00 PM in Senate JPR

  • SB0459 - Correctional Services - Restrictive Housing - Limitations (Maryland Mandela Act)

Thursday, March 9th at 1:00 PM in House HGO

  • HB1217 - Maryland Medical Assistance Program and Health Insurance – Required Coverage for Biomarker Testing

Thursday, March 9th at 1:00 PM in Senate FIN

  • SB0523 - Medical Cannabis - Employees in Health Care Settings Caring for Qualifying Patients - Exemption

Friday, March 8th at 1:00 PM in House HGO

  • HB0933 - End–of–Life Option Act (The Honorable Elijah E. Cummings and the Honorable Shane E. Pendergrass Act)

Friday, March 8th at 1:00 PM in Senate FIN

  • SB0608 - Human Services - Maryland Statewide Independent Living Council
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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