The Arc Maryland's Weekly Legislative Update
February 19 to 23, 2024
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Stay up to date on legislation through our Bill Tracker! View position statements, access bill text, and check hearing times and dates. | | |
Tune Into Developmental Disabilities Day at the Legislature
February 21st
This Wednesday, advocates from across Maryland will join together in Annapolis for DD Day at the Legislature! The over 750 Attendees will learn about important advocacy topics for this legislative session before meeting with theirrepresentatives to discuss them! While registration is sold out, you can tune into a live stream of the event on the Maryland Developmental Disabilities Coalition's Facebook page here on the morning of the 21st. The program will start around 8:15 AM! In the meantime, check out the fact sheets for the day that are now available in English and Spanish!
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MEDICAID ELIGIBILITY REDETERMINATIONS: CHECK YOUR STATUS! | |
Some People with IDD Are Losing Medicaid Eligibility & Waiver Status for Services - Why Is this Happening Now & What Can You Do?
During the Covid pandemic, people were not required to reapply annually for Medicaid. The goal for the state was to make sure people remained insured during the health emergency. When the public health emergency ended, this protection from loss of benefits also ended, and the Maryland Department of Health began a process of "Medicaid redeterminations." In a phased process, the Department started to send out notices that a person needed to reapply, giving the person 45 days to complete the paperwork and submit it for Medicaid eligibility redetermination. The image below is a graphic that illustrates this phased redetermination plan.
The problem is that some people are reporting they never received their redetermination paperwork and are finding out they have lost their Medicaid at the point they try to access a health service, like a dental or doctor's appointment. Providers are also finding out that a person they support has lost their Medicaid at the point they go to bill for the service they provided.
The Developmental Disabilities Coalition is looking into the scope of this issue and partner, MACS, recently collected a data set on how this is impacting people and providers. We will be sharing this information with the Department in hopes we can develop an immediate solution together.
In the meantime, here are some things you can do:
- Check your Medicaid status. Reach out to your Coordinators of Community Services (CCS) for assistance to find out when you need to redetermine your eligibility and complete the necessary paperwork.
- If you are a provider, check the eligibility of the people you support through the EVS, and notify Rhonda Workman at DDA for any assistance you need if you find someone you support has fallen out of the waiver.
- Check your mail- you would not have received a redetermination request over the past three years and may not have been expecting to have to complete this form. It is important you don't miss this form when it comes in the mail.
- If you receive a termination notice, appeal within ten days of the date of the letter to continue coverage and services through the appeal. This is VERY important to ensure there are no interruptions in service. Reach out to your CCS or provider for assistance. For more information on what is happening and why, check out this recent article from Maryland Matters.
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DDA Budget Hearings in the House and Senate
February 22nd and 23rd
On Thursday and Friday of this week, subcommittees in the House and Senate will meet for hearings on the Maryland Department of Health Developmental Disabilities Administration FY25 Budget. We encourage you to review highlights of the budget here before the hearings.
On Thursday, 2/22, tune into the House APP's Health and Human Services Subcommittee at 1 PM. You can upload testimony on the budget on the MGA website just like you can for legislation! It is due on Tuesday, 2/20, by 6 PM.
Similarly, the Senate B&T's Health and Human Services Subcommittee will meet on Friday, 2/23 at 11:30 AM. Testimony is due on Thursday, 2/22, by 6 PM on the MGA website.
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HB0195 - Public Safety - Missing Persons With Cognitive Impairment - Purple Alert Program
Position: Letter of information
Current Status: In House JUD, Public Safety Subcommittee, Hearing 2/29 at 4 PM
This subcommittee hearing is a follow up to the full JUD committee hearing on this bill. This bill would establish a Purple Alert Program to disseminate information to assist in locating a missing person who suffers a cognitive impairment, intellectual or developmental disability, or brain injury who is not eligible for the Silver Alert Program. The Silver Alert law currently applies to people with cognitive impairments (not just older adults with dementia), so it is unclear if a new alert is needed. We understand the concern and agree that people with IDD should be a priority when they are missing.
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HB0903/SB0797 - Education - Access to Attorneys, Advocates, and Consultants for Special Education Program and Fund - Established
Position: Support
Current Status: HB0903 In House W&M Hearing is 2/21 at 1 PM. Testimony is due today (2/19) between 8 AM and 6 PM through the MGA website.
SB0797 In Senate EEE, Hearing 2/23 at 9 AM. Testimony is due between 8 AM and 6 PM on 2/22 through the MGA website.
This bill would establish the Access to Attorneys, Advocates, and Consultants for Special Education Program. The program would provide funding for resources and services to eligible students with disabilities and their families who need legal, advocacy, and consultant services.
Many families need and want advocacy support as they navigate the special education process for their children. Having support and assistance helps parents advocate for their children and increases the likelihood that issues will be resolved at the meeting table rather than in a hearing. Few free and low-cost legal options are available for families. By allowing low and lower-income families to access assistance, more families will be able to get the advice, support, and representation that other families are able to secure on their own, and will be better able to address difficult issues with their child’s education program team.
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SB0759 - Estates and Trusts - Guardianship of Disabled Person - Expedited Proceedings
Position: Oppose
Current Status: In Senate JPR Hearing 2/20 at 1 PM. Testimony is due by 6 PM today, 2/19 through the MGA website.
This legislation would require a court to rule on petitions to appoint a guardian of the person, to facilitate the person's transfer or discharge from a hospital, within 10 days and require that hearings be held virtually unless requested otherwise.
While we agree that hospital overstays are an issue, an expedited process for assigning a guardian to a hospitalized person is not 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 be expedited could result in more people with IDD remanded to guardianships, instead of having the opportunity to exercise alternatives such as Supported Decision Making, exhausting these options before the consideration of a guardianship appointment.
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 report and toolkit will provide solutions to hospital overstays and ways to address barriers we are facing with bed capacity and community support capacity. Guardianship will also be examined, along with viable alternatives to the assignment of a guardian.
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 two-year project report and toolkit, expected this fall.
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SB0599 - Developmental Disabilities - Community Providers - Federal Participation
Position: Letter of Information
Current Status: In Senate FIN Hearing 2/20 at 1 PM. Testimony is due by 6 PM today, 2/19, through the MGA website.
HB509 would require the Maryland Department of Health to “develop and implement a process” to receive federal financial participation (FMAP) for the payment of county or municipal general funds appropriated to community providers. As part of this prescribed process, the Department would be tasked with establishing or modifying department resources, rates, practices, or software systems, coordinating with federal CMS, and allocating the federal funds (FMAP) to the community providers to which the county or municipality general funds were appropriated.
The goal of this legislation, to draw down additional federal matching funds to maximize funds provided by a subset of counties, is laudable. However, due to the complexity of funding and rate-setting for DDA-licensed providers, we believe further study is warranted to examine the impacts these proposed changes would have on home and community-based DDA providers, the workforce, and thousands of people with intellectual and developmental disabilities who receive services in Maryland.
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UPCOMING BRIEFINGS AND EVENTS | |
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!
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You DEFINITELY Know Someone! Nominations for The Arc Maryland's Statewide Awards Are Open!
Let's celebrate those who are making outstanding contributions to the fabric of our communities! Each year, The Arc Maryland Awards Program recognizes those individuals, groups, and communities whose contributions to the field of intellectual and developmental disabilities (IDD) represent meritorious service or achievement and warrant special statewide recognition.
We know you know someone who is Leading the Way in their advocacy and work to support people with IDD! We want to hear about it! During our 2024 Convention & Awards Banquet, on May 30th, we will honor awardees and celebrate their achievements alongside representatives of the community that they so greatly impact.
Submit your Nomination Form by April 3rd online, or by downloading the form and emailing it to Sharon Dols, at sdols@thearcmd.org. Both versions are available for you below! Contact Sharon Dols if you have any questions about the awards or nomination form. For help filling out the nomination form, please contact Natalie Dohner at ndohner@thearcmd.org.
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HEARING SCHEDULE
Please See the Bill Tracker for Our Positions on These Bills
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Tuesday, February 20th at 1:00 PM in House APP
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HB0791 - Operating Budget - Funding - Scholarships for Nonpublic School Students
Tuesday, February 20th at 1:00 PM in House JUD
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HB0758 - Criminal Law – Crime of Violence – Second Degree Assault of a School Employee or Subcontractor (School Assault Reduction and Prevention Act)
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HB0788 - Human Relations - Protections Against Discrimination - Criminal Records
Tuesday, February 20th at 1:00 PM in House W&M
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HB0775 - Election Law - Voters With Disabilities - Electronic Ballot Return
Tuesday, February 20th at 1:00 PM in Senate FIN
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SB0599 - Developmental Disabilities - Community Providers - Federal Participation
Tuesday, February 20th at 1:00 PM in Senate JPR
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SB0666 - Human Relations - Discrimination by a Place of Public Accommodation
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SB0759 - Estates and Trusts - Guardianship of the Person of a Disabled Person - Expedited Proceedings
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Wednesday, February 21st at 1:00 PM in House E&T
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HB0773 - Human Services - Individuals With Disabilities and Service-Disabled Veterans Boating Fund
Wednesday, February 21st at 1:00 PM in House HGO
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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 W&M
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HB0890 - Public Schools - Discipline-Related Data - Collection and Publication
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HB0903 - Education - Access to Attorneys, Advocates, and Consultants for Special Education Program and Fund - Established
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HB1027 - Education - Primary and Secondary Schools - Alternative School Options (Right to Learn Act)
Wednesday, February 21st at 1:00 PM in Senate B&T
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SB0859 - State Department of Education - Division of Rehabilitation Services - Funding
Wednesday, February 21st at 1:00 PM in Senate EEE
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SB0495 - Election Law - Petitions and Ballot Questions - Plain Language Requirement
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SB0802 - Election Law - Voters With Disabilities - Electronic Ballot Return
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Thursday, February 22nd at 1:00 PM in House HGO
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HB1043 - Maryland Medical Assistance Program and Health Insurance - Individuals With Intellectual Disabilities - Study
Thursday, February 22nd at 1:00 PM in Senate EEE
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SB0472 - State Government - Permits, Licenses, and Certificates - Processing (Transparent Government Act of 2024)
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SB0597 - Human Services - Individuals With Disabilities and Service-Disabled Veterans Boating Fund
Thursday, February 22nd at 1:00 PM in Senate FIN
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SB0513 - Employment Discrimination – Use of Cannabis Products
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Friday, February 23rd at 9:00 AM in Senate EEE
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SB0592 - Maryland Achieving a Better Life Experience (ABLE) Program - Materials for Individualized Education Program Meetings
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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
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HB0525 - Employment Discrimination – Use of Cannabis Products
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Monday, February 26th at 11:00 AM in House W&M
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HB1441 - Early Childhood Education - Publicly Funded Prekindergarten Programs - Alterations
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Tuesday, February 27th at 12:00 PM in House APP
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HB1336 - Public Schools - Appropriations for School Safety Expenditures - School Security Employees
Tuesday, February 27th at 1:00 PM in House W&M
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HB1342 - Elections – Ballot Questions – Publication of Proposed Laws and Plain Language Summary
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HB1343 - Election Law - Petitions and Ballot Questions - Plain Language Requirement
Tuesday, February 27th at 1:00 PM in Senate JPR
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SB0729 - Security Guards – Use of Force Reporting – Health Care–Related Physical Interventions
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SB0817 - Public Safety - Missing Persons With Cognitive Impairment - Purple Alert Program
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Wednesday, February 28th at 1:00 PM in House APP
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HB0352 - Budget Reconciliation and Financing Act of 2024
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HB0902 - Prekindergarten - Ulysses Currie Head Start Program - Eligibility for State Funds
Wednesday, February 28th at 1:00 PM in House E&T
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HB1147 - Environment - Playground Surfacing Materials - Prohibitions
Wednesday, February 28th at 1:00 PM in House HGO
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HB0784 - Task Force on Reducing Emergency Department Wait Times
Wednesday, February 28th at 1:00 PM in House W&M
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HB1237 - State Department of Education - Task Force to Study the Maryland Online IEP System
Wednesday, February 28th at 1:00 PM in Senate B&T
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SB1077 - Public Schools - Appropriations for School Safety Expenditures - School Security Employees
Wednesday, February 28th at 1:00 PM in Senate EEE
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SB0512 - Education - Prohibited Behavior on School Grounds and Property - Application
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SB0756 - Primary and Secondary Education - School Safety and Student Well-Being - Examination of Policies and Funding
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SB0819 - Public Schools - School Resource Officers - Firearms Required
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Thursday, February 29th at 1:00 PM in House E&T
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HB1199 - Transportation - MobilityLink Paratransit Service Improvements - Study
Thursday, February 29th at 1:00 PM in Senate B&T
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SB0362 - Budget Reconciliation and Financing Act of 2024
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Friday, March 1st at 1:00 PM in House HGO
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HB1176 - Home– and Community–Based Services Waiver – Eligibility
Friday March 1st at 1:00 PM in Senate FIN
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SB0825 - Health Facilities – Delegation of Inspection Authority – Related Institutions and Nursing Homes
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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
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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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See what's happening on our social sites: | |
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