by Steven R. Daviss, M.D., Past Chair, MPS Legislative Committee
[Summer 2001; Vol. 28, No. 1; Pg 9-12]
We had a very successful legislative session in 2001. With two of our most important bills (SB854 and HB473) being defeated. We reviewed 116 bills and followed 31 of them closely, identifying 8 of them as critical bills for us. We prevailed in 74% of the bills, supporting 12, which passed, and opposing 11 which failed. Of the bills we supported, 63% passed (12 out of 19). More importantly, of the bills we opposed (12 bills) only one passed. The efforts of the legislative committee members, Jennifer Gajewski, Carol Allen and especially our lobbyist, Franklin Goldstein, were instrumental in our success. More importantly, the letters, faxes and phone calls from MPS members to their elected representatives prevented the erosion of quality psychiatric care in Maryland. When you call Annapolis and identify yourself as a member of the MPS, it makes a difference. Legislative representation is one of the most valuable benefits of MPS membership.
|
Passed |
Failed |
Total |
|
|
Supported |
12 |
7 |
19 |
|
Opposed |
1 |
11 |
12 |
|
Total |
13 |
18 |
31 |
Note: Support with amendment bills are counted as support or oppose depending on whether the desired amended version passed or failed.
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MPS Position: SUPPORT Bill Status: PASSED |
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| Bill Number and Title | Synopsis/ Effect of Bill | Notes | |
| HB1071/ SB627
Medical Assistance and Children's Health Programs - Reimbursement Rates Fairness Act of 2001 |
CRITICAL: Provides for a process to annually set the fee-for-service reimbursement rates for the Maryland Medical Assistance Program and the Maryland Children's Health Program in a manner that ensures participation of providers, and compares these rates with those of Medicare and the community. | Passed - Signed by Governor Chapter 702 07/01/2001 |
|
| SB42
Refusal of Psychiatric Medication - Clinical Review Panel |
Extends the termination date of the Clinical Review Panel law to 2005. | Passed with amendments - Signed
by Governor Chapter 15 06/01/2001 |
|
| HB752
Mental Hygiene Law - Advance Directives |
Requires that the administrative head of a residential facility providing treatment for individuals with mental disorders who releases an individual from the facility notify the individual of the advisability of developing an advance directive for mental health services; and requiring that the facility assist the individual in developing the advance directive if the individual requests assistance. Advocates find this type of bill preferable to an outpatient commitment law. | Passed - Signed by Governor Chapter 267 07/01/2002 |
|
| SB856
Health Insurance Appeals and Grievance |
Enhances the Appeals & Grievances law to provide more time to file and requires carriers to file quarterly reports with the Commissioner. | Passed - Signed by Governor Chapter 173 10/01/2001 |
|
| HB149/ SB132
Health Insurance - Standard Provisions |
Repealed a current standard provision allowed in health insurance contracts stating that the insurer is not responsible for a loss of which a contributing cause was the insured's commission of or attempt to commit a felony, being engaged in an illegal occupation, or being intoxicated or under the influence of illicit drugs. For instance, an insurer could have avoided paying for treatment of HIV in a prostitute, or a hospital stay after a DWI-related accident. | Passed - Signed by Governor Chapter 26 01/01/2002 |
|
| HB127
Estates and Trusts - Guardian - Medical Procedures |
Allows the court to authorize a guardian to make decisions regarding medical procedures that involve a substantial risk to the life of a disabled person without further court authorization when the guardian is within one of specified classes of individuals and the court determines the guardian is familiar with the personal beliefs, values, and medical situation of the disabled person. | Passed - Signed by Governor Chapter 189 10/01/2001 |
|
| HB400/ SB293 Creation of a State Debt - Mental Health Association of Montgomery County, Inc. |
Provides a grant to MHA in Montgomery County to improve their facility | Passed - Signed by Governor Chapter 222 06/01/2001 |
|
| HB18/ SB2 Genetic Information - Nondiscrimination in Employment |
Makes it an unlawful employment practice for an employer to fail or refuse to hire or discharge an individual or otherwise discriminate against an individual because of the individual's genetic information or the individual's refusal to submit to a genetic test or make available the results of a genetic test. | Passed - Signed by Governor Chapter 12 10/01/2001 |
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MPS Position: SUPPORT WITH AMENDMENTS Bill Status: PASSED |
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| HB928 Mental Health - Minors - Providers and Consent Provisions |
Including
psychologists in the medical professionals who may treat minors for
specified mental illness; specifying that a psychologist can determine if
a minor has the capacity to consent to medical treatment; providing a
limited immunity for a psychologist who treats a minor; specifying that a
psychologist may, but need not, provide information to specified
individuals; specifying that a minor who is 16 years old or older can
consent to treatment by a psychologist but cannot refuse treatment under
specified circumstances. Includes our amendment altering the bill to state that the psychologist may provide "psychological treatment" (instead of the previous "medical treatment"). |
Passed with amendments - Signed
by Governor Chapter 284 10/01/2001 |
|
| HB78 Mortality Review Committee - Deaths of Individuals in State Facilities and Programs |
Requires the Mortality Review Committee in the Department of Health and Mental Hygiene to evaluate causes or factors contributing to deaths in facilities or programs operated or licensed by the Mental Health Administration; requires the Secretary of DHMH to report specified deaths within 24 hours of notification to the Committee; & requires the Office of Health Care Quality to review specified deaths of individuals with mental illness. | Passed with amendments - Signed
by Governor Chapter 640 10/01/2001 |
|
| SB637/ HB493 Medical Assistance and Children's Health Programs - Directory of Health Care Providers |
Requires MA to publish a provider directory in paper and internet versions, and that they be maintained "reasonably current". | Passed - Signed by Governor Chapter 413 10/01/2001 |
|
| HB179 Health Insurance - Private Review Agents |
Clarifies that grievances regarding mental health or substance abuse issues be reviewed by a physician who is board certified or eligible in the same specialty as the treatment under review; or is actively practicing or has demonstrated expertise in the substance abuse or mental health service or treatment under review. | Passed with amendments - Signed
by Governor Chapter 53 01/01/2002 |
|
| Committee
Abbreviations Key: ECO: House Economic Matters Committee ENV: House Environmental Matters Committee JUD: House Judiciary Committee |
BUD: Senate Budget and Taxation Committee EEA: Senate Economic and Environmental Affairs Committee FIN: Senate Finance Committee JPR: Senate Judicial Proceedings Committee |
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MPS Position: SUPPORT Bill Status: FAILED |
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| Bill Number and Title | Synopsis/ Effect of Bill | Notes | |
| SB326/ HB1108 Maryland Medical Assistance Program - Reimbursement for Outpatient Mental Health Treatment - Dual Eligibility |
CRITICAL BILL: For patients with both MA & Medicare receiving outpatient mental health services, would have required the Maryland Medical Assistance Program to reimburse specified providers the remaining 50% that Medicare does not, up to the full MA fee. | Senate: Passed House: Died in ENV |
|
| HB686/ SB34 Practice of Medicine - Definition |
CRITICAL BILL: Would have included within the definition of "practice of medicine" the making of a proposed determination that a health care service is not medically necessary or appropriate for a patient. The better of two "medical directors" bills that would bring UR procedures under potential BPQA review. | Senate: Passed with amendments. House: Un-favorable by ENV & ECO |
|
| SB269/ HB488 Health Insurance - Patient Rights - The No More Runaround Act of 2001 |
Would have provided that specified health insurance carriers may not prohibit or refuse to reimburse a provider on the carrier's provider panel from rendering to enrollees covered health care services within the provider's lawful scope of practice. Would totally eliminate managed care. | Senate: Not voted on in FIN House: Un-favorable by ECO |
|
| SJ8 Health Care for All Marylanders |
Would have established a Panel on Comprehensive Health Care whose charge would have been to encourage a public-private partnership in developing policies to provide health care coverage for all Marylanders. This will be pushed hard to gather steam for the 2002 elections. | Senate: Un-favorable by FIN | |
| HB951 Health Insurance - Requirements for Provider Panels |
Would have altered some regulations to improve access to, reduce waiting time for, and ensure an adequate supply of network specialists. | House: Un-favorable by ECO | |
| SB328/ HB1247 Department of Health and Mental Hygiene - Mental Health Services - Cost of Living Adjustment |
Would have required that beginning fiscal year 2003, the fees paid by the Department of Health and Mental Hygiene to a community mental health services provider for providing mental health services to eligible individuals be adjusted annually by the rate of change in the consumer price index that may not exceed a 5% maximum rate. | House: Not voted on in ENV Senate: Not voted on in FIN & BUD |
|
| SB521/ HB676 Health Insurance - Covered Health Care Services - Underlying Medical Conditions |
Provided that a covered health care service that health insurance carriers are required to provide shall be deemed to include coverage of a health care service prescribed by a practitioner for treatment of an underlying medical condition if the practitioner determines that the prescribed health care service is medically necessary for the treatment of the covered health care service; etc. | WITHDRAWN | |
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MPS Position: OPPOSE Bill Status: FAILED |
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| SB854 Nurse Psychotherapists-Authority to Prescribe Medications in ProBono Programs |
CRITICAL BILL:
Same bill as last year. Would have allowed Nurse Psychotherapists to
prescribe in collaboration with a physician only in free or reduced rate
programs where there were insufficient physician volunteers.
Note that this bill passed this committee in the past. |
Senate: was not voted on in EEA. | |
| HB473 Health Maintenance Organizations - Patient Access to Choice of Provider |
CRITICAL BILL:
Perennial bill to designate Nurse Practitioners (NPs) as “Primary Care
Providers” for up to 50% of the PCP panels in HMOs.
Passed House/Senate by 1 vote, after first failing by 1 vote then being “reconsidered”. Governor vetoed it citing lack of consensus and HMOs may pressure patients to accept NPs. |
Vetoed by the Governor | |
| SB332/ HB285 Health Insurance Carriers - Standing Referrals to Specialists |
Would have altered the definition of "specialist" to include ANY licensed or certified health care provider (eg, a Nursing Aide could be considered a "specialist"), and permit standing referrals to these "specialists". | House: Passed Senate: Un-favorable by FIN |
|
| SB772 Health Care - Therapy Management Agreements and Cooperative Procedures |
CRITICAL BILL: Would have authorized a licensed pharmacist to enter into a therapy management agreement with a licensed physician, a licensed dentist, or a licensed podiatrist, to alter a patient's medication or dosage within agreed upon parameters. | Senate: Referred to Interim Study by EEA | |
| SB499/ HB298 Workers' Compensation - Evaluation of Permanent Impairment - Behavioral or Mental Disorder |
Would have required that a permanent impairment that involves a behavioral or mental disorder be evaluated by a licensed psychiatrist, other licensed physician, or a licensed psychologist. Would have permitted an evaluee to be seen by a psychologist and perhaps never by a physician. Also equated the exams of all three types of providers. | House: Un-favorable by ECO Senate: Un-favorable by FIN |
|
| SB134/ HB450 Sexually Violent Predators |
Would have created a procedure in which a person who has been convicted of or charged with a sexually violent offense and who suffers from a specified mental abnormality or personality disorder may be placed in the custody of the Secretary of Health and Mental Hygiene indefinitely until the person is deemed to be safe to be at large. Would have effectively turned mental health facilities into tools of the penal system. | House: Un-favorable by JUD Senate: Un-favorable by JPR |
|
| HB1428 Criminal Procedure - Sexually Violent Predators - Chemical or Physical Treatment |
Would have authorized a court to reduce the sentence of specified defendants if the defendant elects to either be given a specified chemical treatment or undergo physical castration as a condition of supervised probation. | WITHDRAWN | |
| HB522/ SB547 State Board of Professional Counselors and Therapists |
Would have allowed graduate marriage and family therapists and graduate clinical professional counselors to provide services under specified supervision while working towards fulfilling licensing requirements, but would have given them the title as if they were licensed. Governor felt it could confuse the public, and also that while under supervision they were not subject to the Practice Act. | Passed Vetoed - Policy |
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MPS Position: SUPPORT WITH AMENDMENTS Bill Status: FAILED |
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| HB223/ SB490 Managed Care Entities - Health Care Treatment Decisions - Liability |
CRITICAL BILL: Establishing the liability of specified health insurance carriers and managed care entities for damages that an insured or enrollee suffers as a result of a health care treatment decision of the carrier or managed care entity under specified circumstances; establishing specified defenses; only covers Decisions for treatments already provided, would not have covered denied treatments. | House: Unfavorable by ECO. Senate: no action. |
|
| HB1040 Health Insurance - Medical Directors - Regulation |
CRITICAL BILL: Would have given the BPQA a greater degree of oversight of licensed medical directors, and provided for professional sanctions if the director "fails to meet appropriate standards of quality medical care as reflected by a determination of the insurance commissioner." This was the compromise bill to HB686, and would not have covered other UR reviewers or ERISA plans. | House: Unfavorable by ECO | |
| HB1295 Mental Hygiene Law- Emergency Evaluations Petitions & Procedures |
Would have altered the EP law to require petitioners to have "personal knowledge" of the danger; "required" an interested party's name, address and phone; required the petitioner to be present at the hearing; required the ER to notify the interested party within 2 hours; and would have removed the current immunity and exposed petitioners to liability if they could not be shown to have acted "in good faith and with reasonable cause." | House: Referred to Interim Study
by ENV We wanted it amended or to fail. |
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MPS Position: OPPOSE Bill Status: PASSED |
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| HB770 Mental Hygiene - Emergency Evaluation - Clinical Social Worker |
Authorizing clinical social workers to file and present a petition for emergency evaluation of an individual under specified circumstances and defining specified terms. LCSWs will now be able to file EPs without having to go to court. | Passed - Signed by Governor Chapter 270 10/01/2001 |
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