The Annapolis Insider
Weekly Legislative Update 
 Week of March 13 - 17, 2017

Greetings from The Arc Maryland Policy Team! Throughout the 2017 Session of the Maryland General Assembly, we bring you weekly recaps and updates every Friday on key legislation and events. The Legislative Session runs from January 11 - April 10 midnight 2017. 
This Week's Highlights 
House Budget passes with DDA 3.5% Rate Restoration; School Emergency Evacuation Plan Bill Passes House With  Unanimous Vote; Medicaid at Risk. The Arc analyzes bills relevant to people with intellectual and developmental disabilities (I/DD), develops and presents testimony, organizes witnesses, and works with coalitions on our priority issues.

Events and Hearings Held This Week on Key Issues

DDA 3.5% Rate Increase Restored 

Great News! The full 3.5% DDA Rate Increase is in both the House and Senate Committee budgets! Both budgets keep all expansion including Transitioning Youth and Waiting List as proposed by the Governor. The Senate budget includes funds for the transition from community supported living arrangements to personal supports, despite DHMH's assertion the funding is not needed. Senate budget committee amendment directs $400,000 of the $3M of these conversion funds to the PACT program. The House budget does not provide the CSLA/Personal Supports conversion funds.

Both budgets include committee narrative/language for reports from DDA relative to the capped waivers, direct support wages and rate setting.  Click here to see the budget narrative/language relative to children and adults with I/DD in the Developmental Disabilities Administration, Department of Human Resources, Maryland State Department of Education, and Governor's Office of Children. The House Budget (HB 150) passed yesterday on the Floor; the Senate Budget (SB 170) will be on Senate Floor next week. 

Differences between the two budgets will be negotiated in conference committee.


School Emergency Evacuation Plan Bill Passes House with Unanimous Vote

HB 1061-Education-Emergency and Evacuation Plans-individuals with Disabilities requires the State Department of Education on or before December 1, 2017, in consultation with disability advocacy groups, to update the State guidelines to accommodate, safeguard and evacuate students, staff and visitors with disabilities on public school grounds. The bill also requires that if a student needs accommodation, the student's IEP plan must contain a written individualized emergency evacuation plan. If a student with a 504 plan needs accommodation, the 504 team must implement an individualized emergency evacuation plan for the student. The bill passed out of the House 140 to 0 and has crossed over to the Senate EHEA Committee. The bill was originally drafted as a task force to study the issue. Legislators were so concerned about the need, along with TV media attention, that the bill was redrafted and passed in the House mandating state guidelines be updated and requiring written individualized emergency evacuation plans for students with IEPs and students who qualify under Section 504.

Medicaid at Risk!  

Congress is on a fast track to repeal major portions of the Affordable Care Act (ACA) and to make drastic cuts to the Medicaid program. The level of cuts over time would decimate the Medicaid program.

Proposed funding caps would be devastating to people with developmental and other disabilities. Medicaid provides health care services and long-term services to low income, disabled and seniors that maintain the health, function, independence and well-being of 10 million enrollees living with disabilities. Prior to the Medicaid Home and Community-Based Waiver program, thousands of people with developmental disabilities were warehoused in state institutions. We cannot revert to the era when children and adults and their families could not obtain home and community services. Peter Berns, The Arc's National CEO testified before Congress regarding the impact of Medicaid on the lives of children and adults with I/DD. Click here for his compelling testimony.

Your voice needs to be heard! Go to www.thearc.org for immediate action you can take. Click here to find your U.S. Senators and Congress people.
 
Additional Priority Bills  

SB 872/HB 971 - The James W. Hubbard Inclusive Higher Education Grant Program

Both bills have passed their respective houses and crossed over to the other side. The Senate bill has a hearing in the House Ways and Means Committee on March 21.  The bill offers competitive grants to state universities and colleges to develop and implement pilot programs on Maryland campuses that provide inclusive higher education opportunities for students with intellectual and developmental disabilities (I/DD).
 
SB 651/HB 425 - Public Schools-Suspensions and Expulsions

As amended, the bill restricts out-of-school suspensions or expulsions of prekindergarten through second grade students except for a gun offense or as a very last resort if there has been a threat of imminent bodily harm. The legislation requires that in-school supports be put in place for a student whose behavior warrants correction in order to improve the behavior and prevent a disruption to the student's education. SB 651 is in EHEA amended to limit suspensions to no more than 5 days. HB 425 passed out of House with an amendment that limits suspensions to no more than 9 days.
 
SB 710 - Children with Disabilities-Individualized Education Program Process-Parental Consent
 
SB 710 requires that a school give parents of a student with an IEP written notice and an opportunity to consent or not to consent, when altering an IEP to include the use of restraints or seclusion of the student, enrolling them in a class that does not count towards graduation, changing the student's educational placement, or requesting alternate testing. The bill is in the EHEA Committee.
 
The House Bill HB 174, as amended, also requires that a school give parents of a student with an IEP written notice and an opportunity to consent or not to consent when altering an IEP. HB 174 is on third reader in the House.
 
SB 943/HB 465 - Children with Disabilities and Child Care Providers-Dispute Resolution Process
 
This bill, as amended, now requires the State Department of Education to convene a workgroup of stakeholders to develop a dispute resolution process to be used by families of children with disabilities and child care providers for resolving complaints of discrimination based on a child's disability. SB943 passed the Senate 47 to 0 and has crossed over to the House. A hearing on the Senate bill is scheduled before the House Ways and Means Committee on March 21.
 
HB 705 - Education - PARCC Testing - Children With Disabilities (Ben's Rule)

The Arc Maryland submitted written testimony in opposition to Ben's Rule.  The bill authorizes the parent of a child with a disability who is nonverbal to refuse to allow the child to participate in state and other assessments. Ben's Rule has the potential for a loss of $439 million in federal funding to Maryland and restricts the rights of students with developmental disabilities. The Arc Maryland is in full agreement with a letter from the attorney general's office which states:  "While federal law does not prohibit an opt out in state law, authorizing such refusals for various groups of students is contrary to the stated goal of full participation among all students, including students with disabilities and could, at a certain point, jeopardize Maryland's ability to receive full Title I and/or IDEA funding."

 
HB 984 - Developmental Disabilities Administration - Crisis Resolution and Crisis Prevention Services - Funding and Reporting
The bill was withdrawn in the House; the Senate will not be voting on the bill. The bill would have mandated the Governor to include $3.5M in his annual budget for Crisis Resolution, the most dire need category on the Waiting List.
 
HB 1/SB 230 - Labor and Employment - Maryland Healthy Working Families Act 

This is commonly referred to as the "sick and health leave bill." The bill passed the Senate yesterday. There are major differences between the House Bill 1 and Senate Bill 230 to be ironed out in conference committee. Although the Governor has promised a veto, legislators are committed to passage of a bill, with much work ahead to resolve differences between the Senate and House bills.
 
SB 219/HB 769 - Education-Fire Drill Requirements-State Fire Prevention Code

This bill requires that each county superintendent of schools direct local schools to hold fire drills which conform to the State Fire Prevention Code and include the safeguards and process contained in that Code. SB 219 passed out of the Senate 45 to 0 and crossed over to the House. A hearing on SB 219 is scheduled before the House Ways and Means Committee on March 21.
 
 
On Slate for Next Week

The FY 2018 budget moves to the Senate Floor.
 
Crossover hearings will be held on SB 872/HB 971 - The James W. Hubbard Inclusive Higher Education Grant Program along with bills noted above. 


LEGISLATION 

Bill Number
Bill Title
Status
Committee
The Arc 
MD's 
Position
The Arc MD Testified
( SB 230)
Labor and Employment - Maryland Healthy Working Families Act
Passed in House, Post Hearing in Senate
ECM, FIN
Support with Amendments
Environment - Children With Elevated Blood Lead Levels - Environmental Investigation
Passed in House, First Reading in Senate
E&T, EHEA
Support
( SB 79)
Family Law - Destitute Adults - Extraordinary Medical Expenses for Developmental Disabilities and Civil Action
Unfavorable Report by Committee
JUD
Support
Task Force to Improve Partnership for Assessment of Readiness for College and Careers Scores for Maryland Public School Students
Unfavorable Report by Committee
W&M
Support with Amendments
Estates and Trusts - Conditions of Disability and Incapacity - Confinement
Passed in House, Hearing 3/23 at 1 pm (JPR)
Support
Health Insurance - Required Conformity With Federal Law
Post Hearing
HGO
Monitor

Department of Health and Mental Hygiene - Board of Review - Repeal Passed in House, First Reading in Senate
HGO, FIN
Oppose
State Disabilities Plan and Interagency Disabilities Board - Revisions
Passed in House, Hearing 3/28 at 1 pm (FIN)
Monitor

Environment - Reduction of Lead Risk in Housing - Notification of Elevated Blood Lead Level
Passed in House, First Reading in Senate
Support
HB 150
(SB 170)		 Budget Bill Passed in House APP Support
HB 152
(SB 172)		 Budget Reconciliation and Financing Act of 2017 Passed in House APP Support with Amendments
HB 172
(SB 728)		 Home Act of 2017 Post Hearing E&T Support
Education - Children With Disabilities - Individualized Education Program Process - Parental Consent
Second Reading Passed with Amendments
W&M
Support
Baltimore County - Public Schools - Active Assailant Event Training and Drills
Post Hearing
W&M
Support with Amendments
( SB 485)
Education - Remote Classroom Technology Grant Program - Establishment (Peyton's Bill)
Passed in House, First Reading in Senate
Support
( SB 272)
Guardianship and Child in Need of Assistance Proceedings - Jurisdiction and Authority of Juvenile Court
Passed in House, First Reading in Senate
JUD, JPR
Support
( SB 786)
Education - Behavior Intervention Plans - Physical Restraint and Seclusion
Post Hearing
W&M
Support
Maryland Student Transportation Safety Act
Unfavorable Report
E&T
Support with Amendments
( SB 1106)
Health Care Practitioners - Use of Teletherapy
Passed in House, First Reading in Senate
HGO, EHEA
Monitor

( SB 354)
Richard E. Israel and Roger "Pip" Moyer End-of-Life Option Act
Post Hearing
HGO,  JUD
Oppose
( SB 305)
Commonsense Paid Leave Act
Post Hearing
ECM
Monitor

( SB 651)
Public Schools - Suspensions and Expulsions
Passed in House
W&M
Support
( SB 344)
Maryland Achieving a Better Life Experience (ABLE) Program - Account Clarifications
Passed in House, Hearing 3/21 at 1 pm (B&T)
HGO, B&T
Support
( SB 943)
Family Child Care Homes and Child Care Centers - Dispute Resolution Process - Regulations
Passed in House, First Reading in Senate
W&M, EHEA
Support
( SB 604)
Visual Impairments - Requirements for Teacher Training, Student Screening, and Maryland Medical Assistance Program Coverage
Post Hearing
W&M, HGO
Monitor

( SB 562)
Health Care Decisions Act - Advance Directives and Surrogate Decision Making - Disqualified Individuals
Post Hearing
HGO
Support
 
( SB 581)
Workgroup to Study the Implementation of Universal Access to Prekindergarten for 4-Year-Olds
Passed in House, Returned Passed
Monitor
Public Health - Prenatal Infectious Disease Testing
Passed in House, Hearing 3/22 at 1 pm (EHEA)
Monitor

( SB 420 )
Humane Adoption of Companion Animals Used in Research Act of 2017
Post Hearing
APP
Monitor

( SB 667)
Education - Prekindergarten Student Assessment - Moratorium
Post Hearing
W&M
Monitor

HB 571
(SB 282)		 Property Tax Credit - Disabled or Fallen Law Enforcement Officers and Rescue Workers - Acquisition of Dwelling
 Post Hearing W&M Support
Behavioral Health Community Providers - Keep the Door Open Act
Post Hearing
HGO
Monitor

HB 631
(SB 415)		 Public Health - Essential Generic Drugs - Price Gouging - Prohibition
Post Hearing
HGO, ECM
Support
( SB 180)
Independent Living Tax Credit Act
Post Hearing
W&M
Support
( SB 570)
Maryland Medical Assistance Program - Telehealth - Requirements
Post Hearing
HGO
Monitor

( SB 607)
Labor and Employment - Exemptions From Overtime Pay - Administrative, Executive, or Professional Capacity
Post Hearing
ECM
Monitor

( SB 437)
Public Health - Expensive Drugs - Manufacturer Reporting and Drug Price Transparency Advisory Committee
Post Hearing
HGO
Monitor

( SB 813)
Department of Housing and Community Development - Rental Assistance Programs - Duration of Assistance
Post Hearing
E&T
Monitor

 HB 696
(SB 849)		 Department of Housing and Community Development - Rental Assistance Programs - Duration of Assistance
 Post Hearing W&M Support
Education - PARCC Testing - Children With Disabilities (Ben's Rule)
Post Hearing W&M
Oppose
HB 736 Workgroup to Recommend Possible Reforms to Maryland's Health Care System
 Post Hearing HGO Monitor
HB 769
(SB 216)		 Maryland Caregivers Support Coordinating Council - Renaming and Altering Membership and Duties
 Passed in House, Hearing 3/28 at 1 pm (FIN) HGO, FIN Monitor
HB 909
(SB 571)		 Maryland Health Insurance Coverage Protection Act Post Hearing HGO Monitor
HB 940
(SB 987)		 Education - School Vehicles Used by Private Entities - Seat Belt Requirements Unfavorable Report E&T Support with Amendments
HB 968 Children - Health and Safety - Child Abuse and Neglect Hotline and Signage Unfavorable Report JUD Monitor
HB 971
(SB 872)		 James W. Hubbard Inclusive Higher Education Grant Program Passed in House, First Reading in Senate W&M, EHEA Support
HB 978
(SB 871)		 Education - Accountability - Consolidated State Plan and Support and Improvement Plans (Protect Our Schools Act of 2017) Passed in House, First Reading in Senate W&M, EHEA Support
HB 1061 Task Force to Study Emergency and Evacuation Plans for Students, Staff, and Visitors with Disabilities in Public School Facilities Passed in House, First Reading in Senate W&M, EHEA Support
( SB 201)
Education - Fire Drill Requirements - State Fire Prevention Code
Passed in House, First Reading in Senate
W&M, EHEA
Support with Amendments
HB 1080 Education - Universal Prekindergarten - Established Post Hearing W&M Monitor
HB 1158 Maryland Medical Assistance Program - Comprehensive Dental Benefits for Adults - Authorization
 Post Hearing HGO Support
HB 1165 Estate - Duties of Guardian of the Person - Notice and Visitation by Family Post Hearing HGO Monitor
HB 1175
(SB 834)		 Human Relations - Discrimination by a Place of Public Accommodation - Enforcement and Remedies
 Post Hearing HGO Support
HB 1207
(SB 85)		 Family Law - Treatment Foster Care Homes - Siblings Passed in House, First Reading in Senate JUD, JPR Monitor
HB 1214
(SB 1013)		 Health Occupations - Dental Therapists - Licensure Post Hearing HGO Support
HB 1222 Maryland School Discipline Reform Act Post Hearing W&M Support
( SB 340)
University of Maryland School of Public Health, Center for Health Equity - Workgroup on Health in All Policies Post Hearing
HGO
Monitor

HB 1268 Education - Student Achievement Gap Standard - Establishment (Maryland Student Achievement Act) Post Hearing W&M Support
HB 1287 Commission on the School-to-Prison Pipeline and Restorative Practices Favorable Report W&M Support
( SB 542)
Maryland Lead Poisoning Recovery Act
Post Hearing
E&T, JUD
Support
( SB 962)
Labor and Employment - Payment of Minimum Wage Required (Fight for Fifteen)
Post Hearing
ECM
Monitor

HB 1559
(SB 173)		 Commission on Access to Tax-Preferred Health and Childcare Savings Accounts for All Marylanders
 First Reading HRU Monitor
HB 1613
(SB 876)		 Individuals With Disabilities - Establishing Community-Based Long-Term Services and Supports (Maryland Disability Integration Act)
 First Reading HRU Monitor
HB 1625 Environmental - Reduction of Lead Risk in Housing - Blood Lead Level First Reading HRU Monitor
( SJ 2)
Constitutional Convention - Amendment - Repeal
Post Hearing
HRU
Support
Education - Specialized Intervention Services - Reports
Passed in Senate, Hearing 3/21 (W&M)
Support
Child Abuse and Neglect - Substance-Exposed Newborns - Reporting
Unfavorable Report by Committee
JPR
Monitor

Reporting Abuse to the Long-Term Care Ombudsman Program and the Office of Health Care Quality
Passed in Senate, Hearing 3/21 at 1 pm (HGO)
Monitor

( HB 15)
Family Law - Destitute Adults - Extraordinary Medical Expenses for Developmental Disabilities and Civil Action
Unfavorable Report by Committee
JPR
Support
( HB 1207)
Family Law - Treatment Foster Care Homes - Siblings
Passed in Senate, Hearing 3/30 at 1 pm (JUD)
Monitor
SB 170
(HB 150)		 Budget Bill (Fiscal Year 2018) First Reading B&T Support
SB 172
(HB 152)		 Budget Reconciliation and Financing Act of 2017 Post Hearing B&T Support with Amendments
( HB 1559)
Commission on Access to Tax-Preferred Health and Childcare Savings Accounts for All Marylanders
Post Hearing
B&T
Monitor

( HB 644)
Independent Living Tax Credit Act
Passed in Senate, Hearing 3/22 at 1 pm (W&M)
Support
( HB 1066)
Education - Fire Drill Requirements - State Fire Prevention Code
Passed in Senate, Hearing 3/21 at 1 pm (W&M)
Support with Amendments
( HB 769)
Maryland Caregivers Support Coordinating Council - Renaming and Altering Membership and Duties
Passed in Senate, Hearing 3/21 at 1 pm (HGO)
Monitor

( HB 1)
Labor and Employment - Maryland Healthy Working Families Act
Passed in Senate, First Reading in House
Support with Amendments
Task Force to Study Suspension Rates of African American Prekindergarten Students
Post Hearing
Support with Amendments
( HB 279)
Guardianship and Child in Need of Assistance Proceedings - Jurisdiction and Authority of Juvenile Court
Passed in Senate, Hearing 3/29 at 1 pm (JUD)
Support
SB 282
(HB 571)		 Property Tax Credit - Disabled or Fallen Law Enforcement Officers and Rescue Workers - Acquisition of Dwelling
 Favorable with Amendments Report B&T Support
( HB 382)
Commonsense Paid Leave Act
Post Hearing
Monitor

( HB 1225)
University of Maryland School of Public Health, Center for Health Equity - Workgroup on Health in All Policies
Passed in Senate, Hearing 3/21 at 1 pm (HGO)
Monitor

( HB 448)
Maryland Achieving a Better Life Experience (ABLE) Program - Account Clarifications
Passed in Senate, Hearing 3/21 at 1 pm (HGO)
Support
Education - Prekindergarten Students - Funding
Post Hearing
B&T
Monitor

( HB 631)
Public Health - Essential Generic Drugs - Price Gouging - Prohibition
Post Hearing
FIN
Support
( HB 528)
Humane Adoption of Companion Animals Used in Research Act of 2017
Post Hearing
Monitor

( HB 666)
Public Health - Expensive Drugs - Manufacturer Reporting and Drug Price Transparency Advisory Committee
Post Hearing
FIN
Monitor

( HB 1140)
State Procurement - Information Technology - Nonvisual Access
Passed in Senate, Hearing 3/22 at 1 pm (HGO)
EHEA, HGO
Monitor

Service Animals - Aggravated Cruelty and False Representation
Unfavorable Report 
JPR
Monitor

( HB 984)
Developmental Disabilities Administration - Crisis Resolution and Crisis Prevention Services - Funding and Reporting
Post Hearing
FIN
Support
( HB 580)
Behavioral Health Community Providers - Keep the Door Open Act
Second Reading Passed with Amendments
Monitor

Education - Remote Classroom Technology Grant Program - Establishment (Peyton's Bill)
Passed in Senate, Hearing 3/21 at 1 pm (W&M)
Support
( HB 1358)
Maryland Lead Poisoning Recovery Act
Post Hearing
JPR Support
Estates and Trusts - Guardianship of a Disabled Person - Visitation and Notification
Unfavorable Report
JPR
Monitor

Education - Maryland Education Opportunity Account Program - Established
Post Hearing
B&T
Oppose
( HB 498)
Health Care Decision Act - Advance Directives and Surrogate Decision Making - Disqualified Individuals
Passed in Senate, First Reading in House
FIN, HGO
Support
( HB 658)
Maryland Medical Assistance Program - Telehealth - Requirements
Post Hearing
FIN
Monitor

( HB 909)
Maryland Health Insurance Coverage Protection Act
Favorable with Amendments Report
FIN
Monitor

( HB 516)
Workgroup to Study the Implementation of Universal Access to Prekindergarten for 4-Year-Olds
Passed in Senate, Hearing 3/21 at 1 pm (W&M)
B&T, W&M
Monitor
Baltimore City and Baltimore County - Police Behavioral Health Units - Training Requirements
Post Hearing
JPR
Monitor

( HB 458)
Visual Impairments - Requirements for Teacher Training, Student Screening, and Maryland Medical Assistance Program Coverage
Passed in Senate, Hearing 3/21 at 1 pm (W&M)
EHEA, FIN, W&M, HGO
Monitor

( HB 425)
Public Schools - Suspension and Expulsions
Post Hearing
EHEA
Support
( HB 548)
Education - Prekindergarten Student Assessment - Moratorium
Passed in Senate, First Reading in House
EHEA, W&M
Monitor

State Budget
Post Hearing
B&T
Monitor

Education - Children With Disabilities - Individualized Education Program Process- Parental Consent
Post Hearing
EHEA
Support
SB 728
(HB 172)		 Home Act of 2017 Post Hearing JPR Support
( HB 331)
Education - Behavior Intervention Plans - Physical Restraint and Seclusion
Post Hearing
EHEA
Support
( HB 689)
Department of Housing and Community Development - Rental Assistance Programs - Duration of Assistance
Passed in Senate, First Reading in House
EHEA, B&T
Monitor

SB 834
(HB 1175)		 Human Relations - Discrimination by a Place of Public Accommodation - Enforcement and Remedies
 Post Hearing JPR Support
SB 849
(HB 689)		 Nonpublic Elementary and Secondary Schools - Discrimination - Prohibition Post Hearing JPR Support
SB 871
(HB 978)		 Education - Accountability - Consolidated State Plan and Support and Improvement Plans (Protect Our Schools Act of 2017)
 Post Hearing EHEA Support
SB 872
(HB 971)		 James W. Hubbard Inclusive Higher Education Grant Program Passed in Senate, Hearing 3/21 at 1 pm (W&M) EHEA, W&M Support
SB 943
(HB 456)		 Family Child Care Homes and Child Care Centers - Dispute Resolution Process - Regulations Passed in Senate, Hearing 3/21 at 1 pm (W&M) EHEA, W&M Support
SB 962
(HB 1416)		 Labor and Employment - Payment of Minimum Wage Required (Fight for Fifteen) Post Hearing FIN Monitor
SB 987
(HB 940)		 Education - School Vehicles Used by Private Entities - Seat Belt Requirement Unfavorable Report JPR Support with Amendments
SB 1013
(HB 1214)		 Health Occupations - Dental Therapists - Licensure Post Hearing EHEA Support
SB 1106
(HB 352)		 Healthcare Practitioners - Use of Teletherapy Post Hearing Rules Monitor
SJ 2
(HJ 2)		 Constitutional Convention - Amendment - Repeal Passed in Senate, First Reading in House EHEA, HRU Support
SJ 3 United States Constitution - Amendments Convention - Limitations of Federal Power Post Hearing EHEA Monitor
 
Please note: the following abbreviations identify the legislative committees in the Maryland General Assembly.

House of Delegates
  • Appropriations Committee - APP
  • Economic Matters Committee - EMC
  • Environment and Transportation Committee - E&T
  • Health and Government Operations Committee - HGO
  • House Rules and Executive Nominations - HRU
  • Judicial Committee - JUD
  • Ways and Means Committee - W&M
Senate 
  • Budget & Taxation Committee - B&T
  • Education, Health, and Environmental Affairs Committee - EHEA
  • Finance Committee - FIN
  • Judicial Proceedings Committee - JPR
     
The Arc Maryland Policy Team 

Cristine Marchand, Executive Director

Susan Somerville-Hawes , Esq., Director of Public Policy & Advocacy - Children and Families
Jamie Stoner , The Arc Maryland 2017 Public Policy Fellow; Director of Outreach, The Arc Northern Chesapeake Region
Andrew Siske, Legislative Intern, University of Baltimore School of Law
Aaron Stephens , Deputy Director, The Arc of Frederick County