The Arc Maryland's Weekly Legislative Update
Week of Session: March 7 to 11, 2022
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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. |
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Please Email and Make Calls -
It Will Take 5 Minutes!
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Please Contact Governor Larry Hogan & Secretary David Brinkley, Department of Budget and Management
Urge them to Add $35 million in State General Funds ($70 million total funding when combined with a Federal Fund match) for Developmental Disabilities Supports
Why?
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Recent rate study results indicate that the funding for DDA Community Services is significantly less than what is needed for providers to continue to provide quality services and supports to Marylanders with IDD.
- Over 18,000 Marylanders rely on DDA-funded supports to live and work in the community.
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DD community providers are facing the worst staffing crisis in history, with 1 in 3 providers reporting a vacancy rate of direct support professionals between 30% and 60% and almost 10% of providers reporting a vacancy rate between 50% and 60%.
- Without adequate staffing, providers cannot continue to support people with disabilities.
- New people who need supports, including approximately 600 youth that transition out of school each year, and people coming off of the DDA Waiting List, will struggle to find community providers able to support them due to the severe workforce shortage.
Why Now?
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The Maryland Department of Health has created a funding plan to increase DD rates as needed and as identified through rate study results, but their funding plan won’t be fully implemented until July of 2026, at the earliest.
- The federal government has provided significant federal funding assistance to Maryland to help Maryland recover from the pandemic.
- Maryland’s DD community needs additional help—the pandemic deepened our workforce crisis and big box stores are able to pay higher wages.
Marylanders with disabilities need supports now!
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Message Points (Please personalize your messages in your emails and calls):
Thank Governor Hogan and Secretary Brinkley for their ongoing support of the DD community.
Let them know we are counting on them for a bold solution to the challenges facing Marylanders with developmental disabilities.
We need $35 million in state general funds (which will be matched by the same amount in federal funds) for a total increase of $70 million for DD community supports.
Now is the time to speed up implementation of the state’s plan for new DD rates: when there is a budget surplus, and federal American Recovery and Protection Act (ARPA) funds are available.
The workforce shortage in DD supports is the worst in history, with 1 in 3 providers reporting a direct support vacancy rate of 30-60%, and close to 10% of providers reporting a vacancy rate of 50-60%.
18,000 Marylanders, their families, community providers, and the essential healthcare professionals who are the backbone of community services need assistance now!
Contact Governor Hogan through his Chief of Staff:
And Secretary of the Department of Budget and Management:
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DDA Budget Hearings Held Last Week in the House and Senate |
Last week, the FY23 Developmental Disabilities Administration (DDA) Budget Hearings were held in subcommittees in the House and Senate. Representatives for The Arc Maryland (pictured here is Rev. James Stockton for The Arc) provided testimony in both meetings alongside other members of the Maryland Developmental Disabilities Coalition, Providers, and Parents.
The subcommittees were receptive to our concerns with the current status of the budget and heard our pleas for a supplemental budget with additional funds for DD Community Supports. Check out the DDA Budget Analysis and the Testimony packet.
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HB0136 / SB0299 - Education - Public and Nonpublic Schools - Seizure Action Plans (Brynleigh's Act)
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Position: Support
Current Status:
Passed In House and Senate; Headed to a Conference Committee
Brynleigh's Act requires school personnel to be trained in seizure recognition and response and consistency in Seizure Action Plan development for students with seizure conditions.
The past two weeks have been monumental for the legislation, as each version of the bill passed unanimously out of House and Senate chambers. Now, the legislation heads to a Conference Committee to conform the House and Senate versions of the bill into one piece of legislation that both chambers agree upon. We hope that the Senate amendments to the bill are included in the final legislation, as they address the interests of the advocates and other stakeholders!
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HB0226 - Public Schools – Self–Contained Special Education Classroom – Use of Video Recording Devices (Note: Title will be changed to become a Pilot)
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Position: Support
Current Status: Voted out of House W&M as a Pilot with other amendments
This bill would require county boards of education to install a video recording device in 10 self-contained special education classrooms in the state, report data on the costs of installation and maintenance, and report data on the effectiveness of the devices both as deterrent and as a tool to investigate abuse and neglect claims.
Schools will be selected for the pilot from 5 local school systems by MSDE with consideration given to schools with high enrollment, high reports of restraint and seclusion and other indicators.
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SB0559 - Estates and Trusts - Supported Decision Making
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Position: Support
Current Status: Passed Unanimously in Senate
This bill would authorize the use of supported decision making (SDM) in Maryland. SDM is an alternative to guardianship that 20 jurisdictions across the country have recognized as a legal option.
Following testimony from The Arc Maryland's Director of Public Policy, Mat Rice, and fellow partnering organizations, the legislation passed out of committee with minor amendments and then passed unanimously in the full Senate!
The House companion bill (HB0529) has a hearing in the House this Wednesday, 3/9 at 1 PM in JUD. Advocates are ready to go as we hope to join the 20 other jurisdictions that have SDM options in their statutes with several other states considering legislation this year!
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SB0636 - Maryland Department of Health - Waiver Programs - Waitlist Reduction (End the Wait Act)
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Position: Support
Current Status: In Senate, Hearing was 3/2 at 1 PM, B&T
This legislation would require the Maryland Department of Health to develop a plan to reduce the waitlist for waiver programs by 50% beginning in FY24. Clarifying amendments were added by the Sponsor to require an examination of the rates and capacity of current providers and to clarify that the department should present plans to clean up the Autism Registry and support 50% of those individuals eligible for AW services.
The House companion bill (HB1403) has a hearing in the House on 3/15 at 1:30 PM in HGO.
Pictured below is one of the Lead Sponsors, Senator Craig Zucker with advocates. Megan Andrade, Partners in Policymaking graduate, an employee of The Arc Baltimore, and a mother also provided powerful testimony on the need for this legislation.
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SB0705 - Education- Physical Restraint and Seclusion- Limitations, Reporting, and Training
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Position: Support
Current Status:
In Senate, Hearing was on 3/2 at 1 PM, EHEA
This legislation would end the use of seclusion in all public schools and significantly reduce the use of seclusion in non-public schools. The Senate hearing last week included powerful support testimony from MSDE, provided by the Maryland Superintendent of Schools, Mohammed Choudhury, who called for the bill to be expanded to include more data and restrictions for non-public schools.
The House companion bill (HB1255) has a hearing in the House this Thursday, 3/10 at 1 PM in W&M.
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SB0275 / HB0008 - Labor and Employment – Family and Medical Leave Insurance Program – Establishment (Time to Care Act of 2022)
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Position: Support with Amendments
Current Status:
SB0275 - In Senate, Hearing was on 2/15 at 1 PM, EMC
HB0008 - In House, Hearing was on 2/10 at 1 PM, FIN
This legislation would establish a 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. There was a discussion session on the bill in the Senate FIN on Friday to review some potential amendments for consideration.
Potential amendments (not formally entered) include but are not limited to the following:
- Implementation timelines pushed back 6 to 9 months.
- A statement that the terms and conditions of benefits, unless otherwise stated in the bill, would be assumed to conform to FMLA and the Maryland Healthy Working Families Act.
- The timeline for an employer to notify an employee of their authorization to use the benefits offered under Time to Care would be extended from 5 days to 30 days under most circumstances to align with FMLA notification requirements.
- Contributions to the insurance program may be adjusted to require contributions at 20% for employers and 80% for employees of 0.75% of all wages up to a cap of the Social Security base wage. For an employee making $40,000 per year, this would be about $9.23 employee contribution bi-weekly (rough estimate).
- Intermittent leave is to be taken in increments of not less than 4 hours unless the employer's payroll system allows for smaller increments of leave to be taken.
- Clarification that an employee may take 12 weeks of leave for themselves, and may also be eligible for an additional 12 weeks to care for a family member identified in the bill.
Additional amendments under consideration is a cap of 12 weeks total of eligible leave under this insurance program, a carve-out for Medicaid providers' contributions to the plan, and a carve-out from the "equivalent position restoration" provision of the bill for people who self direct their services- many of whom have between 1 and 5 total employees who perform very intimate, specialized work.
The bill is expected to come up for a vote soon where ideas will be discussed and amendments will be presented, including some or all of these and any additional ones developed through stakeholder feedback.
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SB0868 / HB1020 - Developmental Disabilities Administration – Self–Directed Services (Self–Direction Act of 2022)
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Position: Letter of Information
Current Status:
SB0868 - In Senate, Hearing 3/8 at 1 PM, FIN
Testimony is due between 3/7 at 4 PM and 3/8 at 10 AM on the MGA Portal
HB1020 - In House, Hearing 3/10 at 1 PM, HGO
This legislation would require the DDA to establish and provide training materials to coordinators of community services on self-directed services; require coordinators of community services to educate a certain recipient on self-directed services at certain times; provide for the services and manner of delivering services that the Administration provides to a recipient who receives self-directed services; require that home- and community-based services waiver recipients receive support broker services; etc.
The Arc Maryland was part of a workgroup that met extensively over the summer and this bill, in large part, is an outgrowth of that work. The Arc Maryland agrees that Self-Directed Services definitions and current caps must be reviewed and revised to meet the needs of self-directing participants and their families. We are interested in seeing a restoration of certain definitions and services. There are a couple of components that we have concerns may create unintended consequences for the program. Our letter of information lays out our position on the bill to include a commitment to and support of several items, and repeat suggestions for amendments to avoid unintended outcomes.
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HB1332 - State and Local Parks - Playground Accessibility - Communication Boards
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Position: Support with Amendments
Current Status:
In House, Hearing 3/9 at 1 PM, E&T
This bill would require the Department of Natural Resources and local governing bodies to construct a communication board in each public playground by October 1, 2027. It also defines a "communication board" as a device that displays photos, symbols, or illustrations to enable individuals with limited language skills to express themselves and communicate. The bill would provide for the funding of communication board construction.
The Arc Maryland provided testimony in the Senate and will submit the same for the House in support of the legislation with amendments to re-define communication boards and detail preferred components of the boards for consistency across the state.
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HEARING AND BRIEFING SCHEDULE |
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Tuesday, March 8th at 1:00 PM In Senate, FIN
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SB0010: Workers' Compensation - COVID-19 Occupational Disease Presumption
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SB0868: Developmental Disabilities Administration – Self–Directed Services (Self–Direction Act of 2022)
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SB0807: Frederick County – Mental Health Law – Assisted Outpatient Treatment Pilot Program
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Tuesday, March 8th at 1:00 PM In Senate, EHEA
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SB0888: Education - American Studies and Social Equity Standards Advisory Board - Academic Standards and Model Policy
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SB0583: Maryland Center for School Safety – Public Schools – Reporting of Classroom Disruptions
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Tuesday, March 8th at 1:00 PM In Senate, JPR
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SB0710: Criminal Procedure - Expungement of Records - Modifications
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Tuesday, March 8th at 1:00 PM In House, APP
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HB1019: Transportation – Elderly and Handicapped Transportation Service – County Funding
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HB0613: Public Schools - Appropriations for School Safety Expenditures - Increase
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Wednesday, March 9th at 1:00 PM In House, JUD
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HB0529: Estates and Trusts - Supported Decision Making
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Wednesday, March 9th at 1:00 PM In House, E&T
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HB01332: State and Local Parks – Playground Accessibility – Communication Boards
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Wednesday, March 9th at 1:00 PM In Senate, FIN
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SB0625: Transportation of Persons With Disabilities - Transportation Network Companies - Employee Requirements
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Wednesday, March 9th at 1:00 PM In Senate, B&T
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SB0806: Child Care Providers and Employees - Bonuses
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SB0761: Funding for Wage Increases for Medical Provider Workers
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Wednesday, March 9th at 1:00 PM In House, W&M
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HB1145: Education - Student Behavior - Parent Notice and Required Counseling (Parent Accountability Act)
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Wednesday, March 9th at 1:30 PM In House, HGO
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HB1020: Developmental Disabilities Administration – Self–Directed Services (Self–Direction Act of 2022)
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HB1017: Frederick County – Mental Health Law – Assisted Outpatient Treatment Pilot Program
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HB1160: Mental Health Law - Reform of Laws and Delivery of Service
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Thursday, March 10th at 1:00 PM In Senate, FIN
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SB0721: Labor and Employment - State Minimum Wage Rate - Increase
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Thursday, March 10th at 1:00 PM In Senate, JPR
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SB0666: Schools, Prekindergarten Programs, and County Boards of Education – Discrimination
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Thursday, March 10th at 1:00 PM In Senate, B&T
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SB0838: Transportation – Elderly and Handicapped Transportation Service – County Funding
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Thursday, March 10th at 1:00 PM In Senate, EHEA
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SB0744: Housing and Community Development – Affordable Housing – Listing and Disposal of Excess Real Property
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Thursday, March 10th at 1:00 PM In House, W&M
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HB1255: Education – Physical Restraint and Seclusion – Limitations, Reporting, and Training
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HB1301: Nonpublic Educational Programs - Children With Disabilities - Costs of Teacher Salaries
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HB1258: Primary and Secondary Education – Educational Options – Established
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HB1327: Education - Home and Hospital Teaching Program for Students - Report
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Thursday, March 10th at 1:00 PM In House, APP
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HB0774: Human Services – Universal Basic Income for Transition–Age Youth – Establishment
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HB0916: Higher Education - Programs for Behavioral Health Professionals in Primary and Secondary Schools - Requirements and Grant Program
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HB1350: Funding for Wage Increases for Medical Provider Workers
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Friday, March 11th at 1:00 PM In House, E&T
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HB0728: Carroll County – Prospective Employees and Volunteers – Criminal History Records Check
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Monday, March 14th at 2:00 PM In House, HGO
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HB1379: Hospitals, Related Institutions, and Hospice Facilities - COVID-19 and Other Catastrophic Health Emergencies - Visitation
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Tuesday, March 15th at 1:00 PM In Senate, B&T
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SB0919: Child Care Capital Support Revolving Loan Fund - Established
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Tuesday, March 15th at 1:30 PM In House, HGO
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HB1403: Maryland Department of Health - Waiver Programs - Waitlist Reduction (End the Wait Act)
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Please note that the following abbreviations identify the Legislative Committees in the Assembly: |
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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
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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