The Arc Maryland's Weekly Legislative Update
 For the Week of January 21-25, 2019
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HoganGovernor Hogan's Proposed FY2020 Budget Released January 17, 2019
This past week, Governor Larry Hogan released his proposed FY2020 budget (July 1, 2019 to June 30, 2020). Highlights are listed below:
  • $77 million in the Medicaid Budget for Community First Choice services for in-home personal care.
  • $42.5 million towards funding the 3.5% rate increase for DD Community Providers.
  • $46 million for the expansion of developmental disabilities community services.
  • $15 million toward continuation of the Community Supports and Family Supports waiver programs

The Hearings and Committee Recommendations on the DDA budget:
February 25- DDA Budget hearing in the House* Health and Social Services Subcommittee, 3 p.m. House Office Building Room 150

March 4- DDA Budget decision in the House* Health and Social Services Subcommittee, 3 p.m. House Office Building Room 150

March 7-DDA budget hearing in the Senate* Health and Human Services Subcommittee, 1 p.m. Miller Senate Building, William Amos Room, 4th Floor

March 11- DDA budget decision in the Senate* Health and Human Services
Subcommittee, 1 p.m. Miller Senate Building, William Amos Room, 4th Floor
Developmental Disabilities Day at the Legislature is just around the corner!
Go to The Arc Maryland Facebook page, click on the event link and register.  We already have more than 500 registrants and we expect to sell out, so please do not delay!  We hope to see you soon!
NotableNotable Bills and Updates this Week
*For a key to the committee abbreviations, please click here or see  the end of this Newsletter* for full committee names and the hearing schedules.

Click on the bill numbers below to link to each bill!
HB 45
: Accountability in Education Act of 2019

E stablishing the Education Monitoring Unit in the State to investigate, analyze, and report on a range of specific matters relating to public schools and public school facilities; providing that the Unit is an independent unit in the State; establishing the Inspector General Selection and Review Commission in the Unit; requiring the Unit to establish an anonymous electronic tip program; requiring the Unit to submit an annual report by December 15 to the State Board, the Governor, and the General Assembly; etc.

Status: HB 45 First Reading W&M, SB 92 First Reading EHEA

Position: Monitoring and gathering additional information at this time.

SB 103 : Criminal Law - Electronic Harassment and Bullying (Grace's Law 2.0)

Altering prohibited actions relating to electronic harassment of minors; prohibiting a person from maliciously engaging in electronic communication under certain circumstances with the intent to induce a minor to commit suicide; prohibiting a person from using an electronic communication to maliciously engage in a certain act or in a certain course of conduct; prohibiting a person from using a computer or a computer network to engage in certain activity with the intent to intimidate, torment, or harass a minor; etc.

Status: Hearing 1/22, 1:00 PM at EMC

Position:  Monitoring and gathering additional information at this time.

HB 47 : State Department of Education and Maryland Department of Health - Maryland School-Based Health Center Standards - Revision

Requiring the State Department of Education and the Maryland Department of Health to revise the Maryland School-Based Health Center Standards to repeal the requirements that a school-based health center have a medical director who is a physician and have a physician consultant who is available to discuss clinical issues as needed and to authorize a licensed physician or nurse practitioner to serve as a clinical director or clinical consultant of a school-based health center.

Status: First Reading HGO

Position:  Researching to determine whether or not this change would place children with medical conditions at increased risk in school.

HB 87 : State Board of Education - Membership - Teachers and Parent

Altering the membership of the State Board of Education to add two regular members who are certified teachers and a parent of a student enrolled in a public school in the State; authorizing teacher members to be appointed to the State Board although the individuals are subject to the authority of the State Board; requiring a certain list submitted to the Governor by the State Department of Education to consist of the two teacher members who received the highest number of votes after an election by teachers in the State; etc.

Status: Fir st  Reading W&M
Position:  Asking that the bill be amended to specifically place preferred membership status on a parent of a child with disabilities and/or a teacher with special education credentials.

HB 112 : Vehicle Laws - Injury or Death of Vulnerable Individual - Penalties

Prohibiting a person from causing the serious physical injury or death of a vulnerable individual as a result of the person operating a vehicle in a careless or distracted manner or in violation of any other rules of the road provisions of the Maryland Vehicle Law; establishing that a person convicted of a violation of the Act may be fined up to $2,000 and must appear in court and may not prepay the fine; establishing additional penalties of participation in a motor vehicle safety course and up to 150 hours of community service; etc.

Status: Fir st  Reading E&T
Position: Monitor and examine the bill further.  It is not clear how this bill, as written, would prevent distracted driving and vehicle causing injuries to people with disabilities.

SB 134
State Board of Nursing- Criminal History Records Checks- Certified Nursing Assistance and Certified Medication Technicians

Requiring certain applicants for certification as a medication technician by the State Board of Nursing to submit to a certain criminal history records check; requiring the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services to provide a revised criminal history record to the Board if the criminal history record information is reported to the Central Repository after the date of the initial criminal history records check; etc. 

Status: Hearing 1/30, 2:00 PM at EHEA
Position:  Providing "Letter of Information" at this time and monitoring with DD Coalition Partners for possible opposition position.

The bill, while well intended, would create a mandate for specific criminal history records checks and analyses that would significantly delay the hire of qualified Direct Support Professionals who are required to be Medication Technician Certified.  Current procedures in place and in use for provider organizations already require those organizations to conduct background checks and reject certain applicants.  The additional requirements proposed through this bill, reporting channels, and reliability of results are all concerns for our community and may create an additional barrier to securing Direct Support Professionals to work, placing further strain on the system.

Making the proposed appropriations contained in the State Budget for the fiscal year ending June 30, 2020, in accordance with Article III, Section 52 of the Maryland Constitution, etc.

Status: HB 100 First Reading Appropriations, SB 125 First Reading B&T
Position:  Still reviewing the components of the budget and will be attending briefings for more information before taking a position.  Initially, it appears favorable to Developmental Disabilities Services, with a 3.5% rate increase included for providers.

For the section on the Developmental Disabilities Administration budget, see pages 64-66 of the bill.

HB 101 / SB 126
Creation of a State Debt - Maryland Consolidated Capital Bond Loan of 2019, and the Maryland Consolidated Capital Bond Loans of 2009, 2011, 2012, 2013, 2014, 2015, 2016, 2017, and 2018

Status: HB 101 Fir st  Reading Appropriations, SB 126 First Reading B&T
Position: Support -  A partner Arc organization is pursuing a Capital Bond Loan for the acquisition, planning, and overall site improvement of a facility supporting people with I/DD and the community.

HB 110
: Elementary School Students - Daily Physical Activity (Student Health and Fitness Act)

Requiring a public school student in elementary school to be provided a daily program of physical activity totaling 150 minutes each week to include physical education and developmentally appropriate, moderate-to-vigorous activity, including recess; requiring that the program of physical activity for a certain category of student be consistent with the student's Individualized Education Program; requiring public elementary schools to designate a physical activity leadership team to plan and coordinate certain activities; etc.

Status: Hearing 1/31, 1:00 PM at W&M
Position:  Monitoring and examining the bill further as well as discussing with Special Education policy partners.

WaiverDDA Waiver Amendments 2019
The Developmental Disabilities Administration announced an opportunity to attend a webinar to learn about the Medicaid waiver amendments proposed for the Community Pathways Waiver, Family Supports Waiver, and Community Supports Waiver.  Per DDA, amendments proposed include the following:
  1. Alignment of all waivers related to services scope, requirements, limitations, qualifications, and effective date.
  2. Adjustments to service effective date to July 2020 to support additional time for rate-setting and development of critical operational and billing functionality.
  3. Clarifying Behavioral Support Services behavioral technician training requirement.
  4. Clarifying Career Exploration time limited for new users with authorization for three months.
  5. Provide the opportunity for Regional Office approval to go above the Family Supports Waiver or Community Support Waiver cost caps and remove time limited requirement.
  6. Add options to authorized additional Nursing Case Management and Delegation Services hours under residential services to support additional training needs due to change in condition or hospital discharge.
  7. Provide a daily respite rate for licensed sites and hourly rate for in and out-of-home services.
  8. Increase respite service to include a daily/hourly limit up to 360 hours/year plus up to $7248 toward camps.
  9. Adjustment to respite staff qualifications related to GED, HS Diplomas, and age requirements.
  10. Specify three service tiers under Shared Living services.
  11. Amend Support Broker services including adding them as an optional waiver service in the Community Pathways Waiver.
  12. Increase reserve capacity, including the addition of new categories for children that age out of the foster care or public school system.
DDA is offering a webinar to provide overview of the Amendments, which you can sign up for by clicking either of the sessions listed below. Both sessions are covering the same information.
BillTracker Bill Tracker
(Click on the bill number in the chart to see the full bill)
ScheduleHearing Schedule
January 21
January 22
  • House of Delegates: EMC - 1:00 PM, Room 231
    • HB 22: Occupational Licenses or Certificates - Application Determinations - Use of Criminal History    
      Sponsor:  Delegate Sydnor, District 44B, Baltimore Co.
    • Description: Prohibiting certain departments that issue occupational licenses or certificates from denying an application for a license or certificate based on an applicant's criminal history if a period of 7 years or more has passed since the applicant's conviction for any crime unless the department makes a certain determination; repealing a certain provision of law that requires a certain department to consider certain information in making application determinations for occupational licenses or certificates; etc.


  • Senate: JPR - 1:00 PM, Room 2 East, Miller
    • SB 77: Estates and Trusts - Protection of Minors and Disabled Persons - Guardianship
      Sponsor:  Senator Lam, District 12, Baltimore and Howard Cos.
    • Description: Altering the jurisdiction of the orphans' courts and circuit courts over certain guardians of the person and guardians of the property; altering the circumstances under which a guardian of the property of a person with a physical or mental disability, a guardian of the property of a person with certain other conditions, and a guardian of the property of a minor shall be appointed; establishing certain procedures for the appointment of certain guardians of the property; etc.
January 24
  • Senate B&T & House EHEA Joint Committee Briefing - 1:30 PM, Room 2 West, Miller
    • Briefing by Dr. William "Brit" Kirwan on the Innovation and Excellence in Education Commission
  • House: W&M - 2:00 PM, Room 130
    • House budget briefing by Maryland State Department of Education
January 29
  • Senate: JPR - 1:00 PM, Room 2 East, Miller
    • SB 103: Criminal Law - Electronic Harassment and Bullying (Grace's Law 2.0)
      Sponsor:  Senator Zirkin, District 11, Baltimore County.
      See Description Above.
January 30
  • Senate: B&T - 10:00 AM, Room 3 West, Miller
    • Senate budget briefing by Maryland State Department of Education(MSDE)
  • Senate: B&T - 2:00 PM, Room 3 West, Miller
    • SB 16: Workgroup on Categories for Funding Priorities in the Annual State Budget
      Sponsor:  Senator Serafini, District 2, Washington County
    • Description: Establishing a Workgroup on Categories for Funding Priorities in the Annual State Budget; specifying that the purpose of the Workgroup is to study, evaluate, and make recommendations concerning budgeting models used by state or local governments in the United States that utilize well-defined service categories to set budget funding priorities and allocate resources; requiring the Workgroup to report its findings to the Governor and the General Assembly on or before December 31, 2019; terminating the Act after June 30, 2020; etc.
  • House: EHEA - 2:00 PM, Room 2 West, Miller
    • SB 134: State Board of Nursing - Criminal History Records Checks - Certified Nursing Assistants and Certified Medication Technicians
      Sponsor:  Senator Nathan-Pulliam, District 44, Baltimore City
January 31
  • Senate: Education, Business and Administration Subcommittee Budget Hearing - 1:00 PM, Room 3 West, Miller
    • Budget briefing- MSDE Early Childhood Development
  • House: W&M - 1:00 PM, Room 130
    • HB 110: Elementary School Students - Daily Physical Activity  (Student Health and Fitness Act)
      Sponsor:  Delegate Walker, District 26,  Prince George's County
Please note: the following abbreviations identify the legislative committees in the Maryland General Assembly.Abrv

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
  • Budget & Taxation Committee - B&T
  • Education, Health, and Environmental Affairs Committee - EHEA
  • Finance Committee - FIN
  • Judicial Proceedings Committee - JPR
The Arc Maryland Public Policy Team 
Ande Kolp, Executive Director
Bea Rodgers, Governmental Affairs Committee Chair
Laura Carr, Board President and Governmental Affairs Liaison
Grace Williams, Assistant Director of Public Policy and Advocacy
Edward Willard, Policy Analyst
Lori Scott, Liaison to the Education Advocacy Coalition

Want to join our Governmental Affairs Committee?  Call Luc Chausse at 410-571-9320 for more information.