The Arc Maryland's Weekly Legislative Update Week of Session: January 29 to February 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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DDA FY24 Draft Budget Highlights Released Last week, The Maryland Conference of Executives of The Arc, the Maryland Developmental Disabilities Coalition, and The Arc Maryland's Governmental Affairs Committee met with DDA Deputy Secretary Bernie Simons to review the Governor's FY24 draft budget for the Developmental Disabilities Administration. Governor Moore’s FY24 budget includes the 4% rate increase for FY24, and funding for an additional 8% rate increase for FY24 to address the Governor’s legislative priority of accelerating the minimum wage to $15. The total increase for rates is approximately $168 million, contingent on passing the House and Senate, and a portion of which is contingent on the passage of the Minimum Wage escalation bill.   In addition to the service rate increases, additional DDA budget components include: $20 million to adjust/fix LTSS rates to account for transportation and meaningful day service needs that were identified through the rate review process. $11.4 million for Transitioning Youth: young adults exiting High School after 21. $10.1 million to serve people on the Waiting List in the Crisis Resolution and Crisis Prevention need categories. $1.5 million for Waiting List Equity Fund to serve individuals with the oldest caregivers on the Waiting List. $1 million for Emergency Placements.   As introduced, Governor Moore’s FY24 budget for DDA is $1.8 billion and contains a 20% increase in funding for DD Services and Supports over the FY23 budget.   You can review the DDA Budget highlights through the button below. Please note that the highlighted section on rate increases in this DDA Budget Fact Sheet does not include the accurate, detailed description of how increases are applied as mentioned above. Check out the Draft Budget Highlights for DDA Funding The graphic below from the budget briefing shows the increase in DDA funds as well as other budgeted increases ($168.6 million) from the State's General Fund for FY24.

TOP BILLS OF THE WEEK

"Burden of Proof" Legislation

Position: Support all Bills Current Status: HB0294 In House W&M hearing 2/8 at 1 PM HB0120 In House W&M hearing was on 1/24 HB0373 In House W&M first reading HB0381 In House W&M first reading A number of bills introduced this legislative session would shift the burden of proof from the families to the schools in special education due process proceedings. If passed, the change in law would require a county board of education to bear the burden of proof in due process proceedings that initiate from a due process complaint (regarding the provision of special education services for a program for a child with disabilities) in the county in which the county board is located. There are three local bills to address this issue: Harford (HB0120), Howard (HB0373), and Baltimore City and County (HB0381). In addition, Delegate Atterbeary is the sponsor on legislation (HB0294) that would enable this shift statewide. Some other states have moved the burden of proof to schools with success. Delegate Griffith testified last week in Ways and Means that due process complaints initially increased in one state after the law change, the complaints then decreased over time as schools enhanced communication and collaboration with families to ensure interventions in the IEP were effective. If you are a parent or person with an intellectual and/or developmental disability and have experienced issues with your IEP we need your stories and testimony. If you have gone through challenging your child's IEP through Due Process, or chose not to challenge school administration because you were dissuaded by the current status of the process, we want to hear from you! If you are interested in providing testimony for the bill affecting your county or the statewide version, contact Ande Kolp at [email protected] to get started.

HB0215 - Real Property - Limitations on Summoning Law Enforcement or Emergency Services - Prohibition Link to Bill Text: HB0215 Position: Support Current Status: In House JUD Hearing 2/1 at 1 PM This bill would prohibit the eviction of tenants for utilizing emergency public services, such as law enforcement, fire department, and emergency medical services; and prohibits local jurisdictions from passing ordinances that penalize owners and tenants of housing who utilize emergency public services. In Maryland, when a person with a disability is experiencing a mental health or behavioral health crisis – such as suicide, agitation, and depression – and calls 9-1-1, it is police who respond. As a result, we have too frequently seen the utilization of emergency services by families with disabilities be used as a cause for eviction. The Arc Maryland signed on to testimony prepared by Disability Rights Maryland to support this legislation, ensuring protections for tenants who need and access help from first responders. Read the Letter from Disability Rights Maryland

Behavioral Health Legislation

Position: Support Current Status: SB0101 In Senate FIN hearing 1/31 at 1 PM SB0026 In Senate FIN hearing 2/2 at 1 PM SB0108 In Senate FIN hearing 2/2 at 1 PM A number of bills related to behavioral health in Maryland have been introduced this session. If any of the bills below interest you, The Arc Maryland is searching for people to testify! Contact Ande Kolp at [email protected] for more information. SB0101 (Maryland Medical Assistance Program – Collaborative Care Model Services – Implementation and Reimbursement Expansion) intends to improve cross-disciplinary communication and coordination of care across the health system and expedite access to critical behavioral healthcare services. SB0026 (Maryland Medical Assistance Program, Maryland Children's Health Program, and Social Services Programs - Eligibility and Enrollment) would create somewhat of a one-stop shop for individuals to have deemed eligibility for programs based on eligibility in others. It will help improve processing time for applications where individuals are clearly eligible based on their acceptance to other needs-based programs. SB0108 (Health Insurance – Annual Behavioral Health Wellness Visits – Coverage and Reimbursement) would require certain health insurers, nonprofit health service plans, and health maintenance organizations to provide coverage and certain reimbursement for annual behavioral health wellness visits.

HB0095 - Education - Student Behavior - Parent and Guardian Notice and Required Counseling (Parent and Guardian Accountability Act) Link to Bill Text: HB0069 Position: Oppose Current Status: In House W&M Hearing 2/1 at 1 PM This legislation would establish that it is unlawful for a parent or guardian of a student in a public school to fail to seek and participate in counseling with the parent's or guardian's child after receiving notice of violent and disruptive behavior. It would also require a public school principal to provide written notice to the parent or guardian of a student who engages in two or more incidents of violent and disruptive behavior in a public school during the school year. This would put an undue burden on families of students with disabilities and is not appropriate. It is not supported by trauma-informed care models, and is generally against good education practices. The Arc Maryland has signed onto written testimony from the Education Advocacy Coalition in opposition of this bill. You can read the testimony below. Read the Opposition Testimony from the EAC

SB0094/HB0040 - Places of Public Accommodation and Public Buildings - Gender-Inclusive Signage

Link to Bill Text: SB0084 HB0040 Position: Support Current Status: SB0084 in Senate JPR hearing 1/31 at 1 PM HB0040 in House EMC hearing 2/8 at 1 PM This bill would allow for gender-inclusive signage to improve access for all, including people with disabilities who need support in the bathroom from a caregiver of a different gender.

EVENTS AND IMPORTANT DATES

Developmental Disabilities Day at the Legislature February 22nd, 8 AM to 11 AM

Are you ready for the largest gathering of disability rights advocates in Maryland? Save the date for Developmental Disabilities Day at the Legislature! This year, we will gather on February 22 at The Graduate Hotel in Annapolis! We are holding DD Day in person this year, with streaming online for those who wish to attend virtually. Tickets for the in-person event are sold out, but you can join a waitlist in case additional tickets become available! Join by contacting Luc Chausse at [email protected]. For those who plan to watch the live stream, go to the Maryland Developmental Disabilities Coalition Facebook page and follow us to receive a timely notification when the stream is live on DD Day!

HEARING SCHEDULE

Tuesday, January 31st at 1:00 PM in House APP HB0108 - Human Services - Universal Basic Income for Transition-Age Youth - Establishment Tuesday, January 31st at 1:00 PM in Senate FIN SB0101 - Maryland Medical Assistance Program – Collaborative Care Model Services – Implementation and Reimbursement Expansion Tuesday, January 31st at 1:00 PM in Senate JPR SB0084 - Places of Public Accommodation and Public Buildings - Gender-Inclusive Signage Tuesday, January 31st at 1:00 PM in House W&M HB0022 - Election Law - Absentee Ballots - Signature Requirements and Verification HB0035 - Elections - In-Person Voting - Proof of Identity HB0041 - Election Law - Curbside Voting - Establishment Tuesday, January 31st at 2:30 PM in House E&T HB0060 - Housing Innovation Pilot Program and Housing Innovation Fund - Establishment (Housing Innovation Pilot Program Act of 2023)

Wednesday, February 1st at 1:00 PM in Senate FIN SB0108 - Health Insurance – Annual Behavioral Health Wellness Visits – Coverage and Reimbursement Wednesday, February 1st at 1:00 PM in House W&M HB0069 - Education - Student Behavior - Parent and Guardian Notice and Required Counseling (Parent and Guardian Accountability Act) HB0085 - Education - Collective Bargaining - Certificated Employees - Class Size HB0185 - Nonpublic Schools and Child Care Providers - Corporal Punishment - Prohibition Wednesday, February 1st at 2:30 PM in House JUD HB0215 - Real Property - Limitations on Summoning Law Enforcement or Emergency Services - Prohibition

Thursday, February 2nd at 1:00 PM in Senate FIN SB0026 - Maryland Medical Assistance Program, Maryland Children's Health Program, and Social Services Programs - Eligibility and Enrollment

Tuesday, February 7th at 1:00 PM in Senate FIN SB0154 - Public Health – Mental Health Advance Directives – Awareness and Statewide Database SB0168 - Maryland Developmental Disabilities Council - Establishment SB0188 - Public Health - Rare Disease Advisory Council SB0201 - Maryland Medical Assistance and Children's Health Insurance Programs - School-Based Behavioral Health Services - Reimbursement SB0231 - Maryland Medical Assistance Program - Autism Waiver - Military Families Tuesday, February 7th at 1:00 PM in House APP HB0368 - State Personnel – Executive Branch Service Contracts – Policy, Certification, and Notification Tuesday, February 7th at 2:00 PM in Senate EEE SB0223 - State Government – State Facilities Changes and Closures – Procedures Tuesday, February 7th at 3:00 PM in House HGO HB0048 - Maryland Medical Assistance Program – Collaborative Care Model Services – Implementation and Reimbursement Expansion HB0111 - Maryland Medical Assistance Program, Maryland Children's Health Program, and Social Services Programs - Eligibility and Enrollment HB0271 - 9–8–8 Trust Fund – Funding

Wednesday, February 8th at 1:00 PM in Senate FIN SB0202 - Prescription Drug Affordability Board - Upper Payment Limits Wednesday, February 8th at 1:00 PM in Senate EEE SB0095 - Counties - Construction of Sidewalks and Crosswalks - Safe Alternative Routes to Public Schools Wednesday, February 8th at 1:00 PM in House EMC HB0040 - Places of Public Accommodation and Public Buildings - Gender-Inclusive Signage Wednesday, February 8th at 1:00 PM in House W&M HB0222 - Baltimore County and Frederick County - Career Activities in Public High Schools - Sale of Coffee by Students With Individualized Education Programs HB0265 - Public Schools - Standardized Behavioral Health Questionnaire for Students - Development and Implementation HB0272 - Public School Systems - Performance Audits - Office of the Inspector General for Education HB0292 - Child Care Providers - Registration and Licensing - Exemptions HB0294 - Places of Public Accommodation and Public Buildings - Gender-Inclusive Signage

Thursday, February 9th at 1:00 PM in Senate FIN SB0180 - Residential Service Agencies - Reimbursement - Personal Assistance Services SB0206 - Education - Collective Bargaining - Certificated Employees - Class Size SB0230 - Residential Service Agencies - Employee Registry

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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