The Arc Maryland's Weekly Legislative Update

Week of Session: February 5 to February 11, 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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Maryland Department of Health Budget Overview

Last week, the Department of Legislative Services, Office of Policy Analysis presented its FY2024 budget overview for the Maryland Department of Health (MDH). This document will be used to advise the Budget and Taxation and Appropriations Committees as they review the budget for the Developmental Disabilities Administration and other Administrations under the Maryland Department of Health. Some of the report highlights:


  • There continues to be growing demand for DDA services provided under the Community Pathways, Community Supports, and Family Supports Waiver (DDA Waivers) and the Autism Waiver. The chart below shows slot capacity and waitlist counts for the Home and Community-Based Services (HCBS) Waivers.
  • The End the Wait Act of 2022 - Chapter 464- that passed last session required the Maryland Department of Health to develop a plan to reduce the Autism Waiver and other HCBS waitlists by 50%. Those plans were due January 1, 2023, but have not been submitted by the Department as of this date. There are over 3,800 people waiting for DDA- administered waiver services, and over 6,200 children waiting for services on the Autism Waiver registry.


  • The Budget Overview also includes the Governor's proposed appropriation for Community DD Providers that will be needed to support providers to keep pace with an acceleration in the Minimum Wage. The Governor's "Fair Wage Act of 2023" bill (not yet assigned to a committee) contains details on appropriations to DD and other Medicaid providers. You can read the text for this legislation (HB0549) here.



  • For other details on the 2024 MDH Budget, click the button below.
Access the 2024 MDH Budget Overview

Congratulations Are in Order With Changes in House and Senate Members and Assignments

Last week, Sen. Alonzo Washington (District 22) was sworn into the Senate to replace long-time Sen. Paul Pinsky, who was selected by Governor Moore to lead the Maryland Energy Administration. Sen. Washington will be assigned to the Judicial Proceedings Committee.


Del. Jheanelle Wilkins (D-Montgomery) has become the new Vice Chair of the Ways and Means Committee (formerly Washington's position).


Also on the Ways and Means Committee, Del. Eric Ebersole (D-Baltimore County) will now chair the Education Subcommittee, and Del. Julie Palakovich-Carr (D-Montgomery) now chairs the Early Childhood Subcommittee.


Sen. Susan Lee's seat remains open to be filled in the next couple of weeks. Sen. Lee was recently appointed by Governor Moore to Secretary of State.

You can read more about changes here from Maryland Matters.

TOP BILLS OF THE WEEK

HB00320 - Maryland Longitudinal Data System - Definition of Student Data – Alteration

Link to Bill Text: HB0320


Position: Support


Current Status: In House W&M Hearing 2/8 at 1 PM


Testimony due today by 3 PM


This bill would alter the definition of "student data" for purposes of the Maryland Longitudinal Data System to include student disability data by specific disability category. This is important to track outcomes of students and for future resources and teacher planning. Data is currently collected and available, but not in a format that allows for deeper analysis. This bill would require disaggregation of the data. This bill comes out of a recommendation of the Autism Advisory Commission.


If you would like to provide testimony for this bill, sign up is on the MGALeg website today, February 6th, between 8 AM and 3 PM. For assistance with talking points or how to sign up, contact Ande Kolp at [email protected].

HB0265 - Public Schools - Standardized Behavioral Health Questionnaire for Students - Development and Implementation

Link to Bill Text: HB0265


Position: Support


Current Status: In House W&M hearing 2/8 at 1 PM


Testimony due today by 3 PM


This bill would require the Maryland Consortium on Coordinated Community Supports to develop guidelines for developing a standardized behavioral health questionnaire to identify students with behavioral health service needs alongside stakeholders. It would also require each behavioral health services coordinator to develop and implement a standardized behavioral health questionnaire based on the guidelines developed by the Consortium, and require that the questionnaire be given to the parent or guardian.


Most counties currently have a version of a health questionnaire they have families complete, but the questions on the form vary significantly from county to county. This bill would require input from people in a variety of health specialties to ensure the right questions are asked to identify supports children need, to create a standardized questionnaire to be used across all districts.


If you would like to provide testimony for this bill, sign up is on the MGALeg website today, February 6th, between 8 AM and 3 PM. For assistance with talking points or how to sign up, contact Ande Kolp at [email protected].

HB0111 - Maryland Medical Assistance Program, Maryland Children's Health Program, and Social Services Programs - Eligibility and Enrollment

Link to Bill Text: HB0111


Position: Support


Current Status: In House HGO hearing 2/7 at 3 PM


This bill would require the Dept. of Health to establish an Express Lane Eligibility Program by January 1, 2025, to enroll individuals in the Maryland Medical Assistance Program and the Maryland Children's Health Program. It 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. The Arc Maryland submitted testimony in support of this bill.

TOP BILLS COMING UP NEXT WEEK

SB0362 - Certified Community Behavioral Health Clinics – Established

Link to Bill Text: SB0362


Position: Support


Current Status: In Senate FIN hearing 2/15 at 1 PM


Testimony due on 2/14 by 3 PM



This bill would require, on or before December 1, 2023, the Maryland Department of Health to submit a State plan amendment to the Centers for Medicare and Medicaid Services to establish certified community behavioral health clinics; requiring, if the Centers for Medicare and Medicaid Services approves the amendment, the Department to amend the State plan to cover certain services; and requiring the Department to establish certain payment systems.


This bill is important as part of a package of interventions to enhance community capacity to support people with behavioral health needs.

SB0344 - Income Tax - Caregiver Tax Credit

Link to Bill Text: SB0344


Position: Support


Current Status: In Senate B&T hearing 2/15 at 1 PM


Testimony due on 2/14 by 3 PM


This bill would allow caregivers of a person 18 or older to take a credit against the State income tax subject to certain limitations and providing that qualified expenses are those paid or incurred for goods and services that relate directly to the care or support of an immediate family member who requires assistance with one or more daily activities. Some examples of qualifying expenses are: the improvement or alteration of a home to assist the family member to be mobile, safe, or independent, the purchase or sale of necessary equipment, the costs for a home care aid or attendant, and specialized transportation. You can read the bill text for additional examples.

SB0450 - Real Property - Limitations on Summoning Law Enforcement or Emergency Services - Prohibition

Link to Bill Text: SB0450


Position: Support


Current Status: In Senate JPR hearing 2/15 at 1 PM


Testimony due on 2/14 by 3 PM


This legislation would prohibit a landlord from using a lease or form of lease that contains a provision that limits a tenant's ability to summon, or penalizes a tenant or another individual solely for summoning, the assistance of law enforcement or emergency services; prohibiting a landlord from taking certain retaliatory actions because a tenant or another individual summons the assistance of law enforcement or emergency services for certain purposes; prohibiting a local jurisdiction from enacting certain laws; etc.


See Disability Rights Maryland's testimony for the companion bill (HB0215), which The Arc Maryland signed here.

HB0448 - Nonpublic Education - Special Education Placements - Renaming and Teacher Salaries (Teacher Pay Parity Act)

Link to Bill Text: HB0448


Position: Support


Current Status: In House W&M hearing 2/15 at 1 PM


Testimony due on 2/13 by 3 PM


This bill would rename the nonpublic educational program to be renamed as the special education placement program and require the State and certain counties to pay for costs of salaries and bonuses for teachers at special education placements in a certain amount and proportion for parity with public schools.

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, 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 B&T

  • SB0311 - Nonpublic Education - Special Education Placements - Renaming and Teacher Salaries (Teacher Pay Parity Act)

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
  • HB0072 - Business Regulation - Charitable Contribution - Definition

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
  • HB0320- Maryland Longitudinal Data System - Definition of Student Data - Alteration

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

Tuesday, February 14th at 1:00 PM in Senate FIN

  • SB0255 - Public Health - Home- and Community-Based Services for Children and Youth
  • SB0362 - Certified Community Behavioral Health Clinics – Established

Tuesday, February 14th at 1:00 PM in House HGO

  • HB0082 - Maryland Medical Assistance and Children's Health Insurance Programs - School-Based Behavioral Health Services - Reimbursement
  • HB0302 - Public Health - Rare Disease Advisory Council
  • HB0318 - Maryland Medical Assistance Program - Provider Agencies and Personal Care Aides - Reimbursement and Wages

Tuesday, February 14th at 1:00 PM in House JUD

  • HB0385 - Correctional Services - Restrictive Housing - Limitations (Maryland Mandela Act)

Wednesday, February 15th at 1:00 PM in Senate B&T

  • SB0344 - Income Tax - Caregiver Tax Credit
  • SB0350 - Early Childhood Development - Child Care Scholarship Program - Funding

Wednesday, February 15th at 1:00 PM in Senate JPR

  • SB0254 - Business Regulation - Charitable Contribution - Definition
  • SB0450- Real Property - Limitations on Summoning Law Enforcement or Emergency Services - Prohibition

Wednesday, February 15th at 1:00 PM in House W&M

  • HB0381 - Baltimore City and Baltimore County – Due Process Proceedings for Children With Disabilities – Burden of Proof
  • HB0437 - Prince George's County Public Schools - Office of Integrity and Compliance - Establishment PG 501-23
  • HB0448 - Nonpublic Education - Special Education Placements - Renaming and Teacher Salaries (Teacher Pay Parity Act)
  • HB0469 - Children With Disabilities - Special Education Services - Eligibility
  • HB0495 - Early Childhood Development - Child Care Scholarship Program - Funding

Thursday, February 16th at 1:00 PM in House HGO

  • HB0363 - Maryland Health Benefit Exchange and Maryland Department of Health - Health Care Coverage for Undocumented Immigrants - Report

Thursday, February 16th at 1:00 PM in Senate JPR

  • SB0400 - Places of Public Accommodation - Motion Picture Houses - Captioning
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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