The Arc Maryland's Weekly Legislative Update
Week of Session: February 7 to 11, 2022
Stay up to date on legislation through our Bill Tracker! View position statements, access bill text, and check hearing times and dates.
LEGISLATIVE NEWS AND EVENTS
Register for DD Day at the Legislature
February 22nd - 8:15 to 10:30 AM
Join us for the largest statewide advocacy event of the year for people with intellectual and developmental disabilities! On February 22nd, Developmental Disabilities Day at the Legislature is back on zoom! Learn about important advocacy topics for this legislative session before meeting with your representatives. Please register ASAP as we are close to capacity for the event.
LAST WEEK'S HEARINGS
HB0226 - Public Schools – Self–Contained Special Education Classroom – Use of Video Recording Devices
The legislation would require cameras to be placed in Self-Contained Special Education Classrooms by certain dates, and limit viewing of footage to certain circumstances only.
SB0299 - Education - Public and Nonpublic Schools - Seizure Action Plans (Brynleigh's Act)
The legislation would require a seizure action plan for every student with epilepsy in school. Additionally, it would require training for teachers on the identification of seizures and proper interventions to use with a student who is experiencing a seizure.
TOP BILLS OF THE WEEK
SB0440/HB0625 - Commission to Study the Health Care Workforce Crisis in Maryland - Establishment
Position: Support with Amendment

Current Status:
SB0440 - In Senate, Hearing 2/10 at 1 PM, EHEA
HB0625 - In House, Hearing 2/10 at 1:30 PM, HGO

Testimony is due on Tuesday, 2/8 through the MGA portal

This bill would establish the Commission to Study the Health Care Workforce Crisis in Maryland to examine certain areas related to health care workforce shortages in the State, including the extent of the workforce shortage, short-term solutions to the workforce shortage, future health care workforce needs, and the relationship between the Maryland Department of Health and the health occupations boards; and requiring the Commission to report its findings and recommendations to certain committees of the General Assembly by December 31 each year.

An amendment to the legislation would be needed to include representation to look at the Direct Support Professional workforce shortage affecting people with IDD and the organizations that support them. The Deputy Secretary is listed as a member, and we would also like to see the Executive Director of MACS on this important Commission.
SB0275 - Labor and Employment – Family and Medical Leave Insurance Program – Establishment (Time to Care Act of 2022)
Position: Support with Significant Amendments to address concerns with definitions and applications.

Current Status: In Senate, Hearing 2/10 at 1 PM, FIN

Testimony is due on Tuesday, 2/8 through the MGA portal

Note that companion bill, HB0008, and a similar bill, HB0496 have hearings on 2/15 at 1 PM in EMC. Testimony for these bills are due on Friday, 2/11 through the MGA portal.

This legislation establishes the Family and Medical Leave Insurance Program in the Maryland Department of Labor to provide certain benefits to individuals who take leave from employment for certain purposes; establishing the Family and Medical Leave Insurance Fund as a special, non-lapsing fund; requiring, beginning January 1, 2023, certain employees, employers, and self-employed individuals to contribute to the Fund in a certain manner; etc.

While the creation of the insurance program would provide paid leave for families and people with IDD who need to take leave for health reasons, the bill is written too broadly and does not align with FMLA, thus creating two standards by which employers and employees must operate. The definitions of periods of work before eligibility, intermittent leave, employer, and others would create significant hardships for our systems of DD provider support and people who self-direct as they are also employers.

We have attempted to influence changes to the bill language the previous two times it was presented in legislative sessions to more closely align with parameters already in place through the Federal Family Medical Leave Act and the Maryland Healthy Working Families law that passed a few years ago in Maryland. Please see below for The Arc Maryland's testimony from last year. The Arc supports the creation of a paid Family Medical Leave insurance program, but not as laid out in either of the current bills as written or with amendments that have been presented and only brush the surface on our concerns.
HB0352 - Education - American Studies and Social Equity Standards Advisory Board - Academic Standards and Model Policy
Position: Support

Current Status: In House, Hearing 2/10 at 1 PM, W&M

Testimony is due on Tuesday, 2/8 through the MGA portal

Establishing the American Studies and Social Equity Standards Advisory Board; requiring that at least 80% of the Board's members reflect the geographic diversity of the State and have a background in advocacy for certain ethnic and social groups; requiring the Advisory Board to review academic standards for American studies and develop a model policy on ethnic and social equity in public schools; requiring each county board of education to implement a curriculum for American studies before the 2025-2026 school year; etc.

American Studies will examine American History and culture from multiple perspectives, including the perspectives of various social groups to include individuals with disabilities.
COMING UP NEXT
SB0559 - Estates and Trusts - Supported Decision Making
Position: Support

Current Status: In Senate, Hearing 2/17 at 1 PM, JPR

Testimony is due 2/15 by 3 PM


Efforts to improve state guardianship systems and to develop alternatives to guardianship continue to expand at both the state and national levels. As of today, 20 jurisdictions in the United States have passed laws formally recognizing Supported Decision Making (SDM) as a legal option.

For almost 2 years, the Maryland Cross-Disability SDM Coalition members have worked to develop a plan to bring Supported Decision Making to Maryland. We are so pleased to have amazing bill sponsors and champions, working to make Supported Decision Making a reality for people. Stay posted for more information coming in the Insider, and go to the National Resource Center for Supported Decision Making for more information!
SB0705 - Education – Physical Restraint and Seclusion – Limitations, Reporting, and Training
Position: Support

Current Status: First Reading in EHEA

Prohibiting a public agency from using seclusion as a behavioral health intervention for a student; prohibiting a public agency from using physical restraint and a nonpublic school from using physical restraint or seclusion as a behavioral health intervention for a student, except under certain circumstances; requiring the State Department of Education to develop an accountability system to measure compliance with regulations adopted on the use of physical restraint and seclusion; etc.
HEARING AND BRIEFING SCHEDULE
Tuesday, February 8th at 1:00 PM In Senate, FIN
  • SB0241: Behavioral Health Crisis Response Services - 9-8-8 Trust Fund
Wednesday, February 9th at 1:00 PM In Senate, JPR
  • SB0357: Adult Protective Services - Vulnerable Adults Registry - Investigations and Records of Abuse and Neglect and Workgroup Study
  • SB0313: Civil Actions - Damages - Use of Race, Ethnicity, and Gender Data
  • SB0371: Carroll County – Prospective Employees and Volunteers – Criminal History Records Check
Wednesday, February 9th at 1:00 PM In Senate, EHEA
  • SB0318: More Opportunities for Career-Focused Students Act of 2022
  • SB0422: Adult Protective Services - Vulnerable Adults Registry - Investigations and Records of Abuse and Neglect and Workgroup Study
Wednesday, February 9th at 1:00 PM In Senate, FIN
  • SB0407: Health Occupations - Health Care Staffing Shortage Emergency - Declaration and Licensing and Practice Requirements (Health Care Heroes Act of 2022)
Wednesday, February 9th at 1:30 PM In House, HGO
  • HB0006: Maryland Medical Assistance Program – Dental Coverage for Adults
  • HB0080: Home- and Community-Based Services Waiver - Participation and Applications
Thursday, February 10th at 1:00 PM In Senate, EHEA
  • SB0440: Commission to Study the Health Care Workforce Crisis in Maryland - Establishment
Thursday, February 10th at 1:00 PM In Senate, FIN
  • SB0275: Labor and Employment – Family and Medical Leave Insurance Program – Establishment (Time to Care Act of 2022)
  • SB0048: Health - Advance Care Planning and Advance Directives
Thursday, February 10th at 1:00 PM In House, W&M
  • HB0352: Education - American Studies and Social Equity Standards Advisory Board - Academic Standards and Model Policy
Thursday, February 10th at 1:30 PM In House, HGO
  • HB0407: Health Occupations - Health Care Staffing Shortage Emergency - Declaration and Licensing and Practice Requirements (Health Care Heroes Act of 2022)
  • HB0625: Commission to Study the Health Care Workforce Crisis in Maryland - Establishment
Tuesday, February 15th at 1:00 PM In House, EMC
  • HB0008: Labor and Employment – Family and Medical Leave Insurance Program – Establishment (Time to Care Act of 2022)
  • HB0496: Labor and Employment - Family and Medical Leave Insurance Program - Establishment
  • HB0640: Labor and Employment - Healthy Working Families Act - Application
Tuesday, February 15th at 1:00 PM In House, APP
  • HB0406: Children in Out–of–Home Placements – Placement in Medical Facilities
Tuesday, February 15th at 1:00 PM In House, W&M
  • HB0629: Election Law - Polling Places and Early Voting Centers - Electronic Devices
  • HB0702: Election Judges - Training and Signs - Accommodations for Voters in Need of Assistance
Wednesday, February 16th at 1:00 PM In Senate, B&T
  • SB0480: Child Care Stabilization Grant Program and Child Care Expansion Grant Program - Established
Wednesday, February 16th at 1:00 PM In Senate, EHEA
  • SB0577: Public Schools – Self–Contained Special Education Classroom – Use of Video Recording Devices
  • SB0617: Local School Systems - Equivalent Access Standards - Digital Tools (Nonvisual Access Accountability Act for K-12 Education)
  • SB0362: Primary and Secondary Education - Virtual Schools - Revisions
Thursday, February 17th at 1:00 PM In House, APP
  • HB0662: Advisory Stakeholder Group on Autism-Related Needs, Interagency Disabilities Board, and the State Coordinator for Autism Strategy - Membership, Staffing, and Appointment
Thursday, February 17th at 1:00 PM In House, E&T
  • HB0726: Transportation of Persons With Disabilities - Transportation Network Companies - Employee Requirements
Thursday, February 17th at 1:00 PM In Senate, JPR
  • SB0559: Estates and Trusts - Supported Decision Making
Thursday, February 17th at 1:30 PM In House, HGO
  • HB0544: Health Facilities - Residential Service Agencies - Reporting Requirement
Please note that 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
EHEA - Education, Health, and Environmental Affairs
EXN - Executive Nominations
FIN - Finance
JPR - Judicial Proceedings
SRU - Rules
R&R - Reapportionment and Redistricting
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