2008 LEGISLATIVE SESSION SUMMARY
April 24, 2008

• HB 622, Evidence Based Practices – sponsored by Delegates Barnes and Hubbard  This bill would have created a Redirection Pilot Program, under the administration of DJS, that would have used funds, now budgeted for costly per diem residential placements, to divert delinquent youth from these placements into evidence-based treatment (Functional Family Therapy or Multisystemic Therapy) in community settings where appropriate.  The bill also required the agencies in the Children’s Cabinet to develop a plan to expand funding for these and other evidence-based practices for delinquent youth.   Numerous witnesses testified in favor of the bill at the Judiciary Committee hearing, including parents, providers, government administrators and national experts; however, the bill did not pass.

• HB 592, Seclusion and Restraint in Schools – sponsored by Delegate Kaiser  This bill would have limited the use of seclusion and restraint in schools, including a ban on prone (face down) restraint.  MDLC worked on legislation and regulations in 2002 and 2003 to regulate the use of restraint and seclusion in schools, but at that time, we were not able to obtain a ban on prone restraint —despite the fact that a student in a residential facility in Prince George’s County had died as a result of an improper prone restraint.  When a second student in a residential facility in Carroll County recently died after being restrained in a prone position, MDLC returned to the Legislature seeking a ban on prone restraint along with several other changes intended to strengthen and clarify the statutory and regulatory language.  The bill failed. 

• HB 726/SB 815, Patients’ Rights – sponsored by Delegate Kullen and Senator Exum   MDLC discovered the need for this legislation through our monitoring of facilities and representation of individuals.  As just one example, we discovered that many patients had not been allowed outside to breathe fresh air in months or even years.  MDLC co-chaired the committee that crafted a bill to expand patient rights in all mental health facilities licensed or operated by the Mental Hygiene Administration (MHA).  Mental health consumers from around the state rallied behind the legislation – educating legislators about patient rights and testifying in support.  Although the Senate bill passed 47-0, it did not get out of the House committee.  MDLC, mental health advocates and consumers look forward to building on this effort and meeting with success in 2009.

• HB 1132, Student Loan Repayment Assistance – sponsored by Delegate Rosenberg This bill would have expanded eligibility for the Janet L. Hoffman Loan Repayment Assistance Program, which provides an incentive for graduates to accept positions in specified fields such as public interest law, social work, teaching and nursing.  The bill was supported by legal services providers but opposed by the Higher Education Commission and failed in Way & Means Committee; however, the Committee has requested interim meetings addressing the issues raised by the bill.

• HB 811/SB 849, Access to Athletics and Physical Education – sponsored by Delegate Kaiser and Senator Rosapepe  MDLC, the Women’s Sports Foundation, and a broad coalition of supporters joined forces to promote the inclusion of students with disabilities into physical education and athletic programs offered in Maryland public schools.  The Governor is expected to sign this groundbreaking legislation.

MORE NOTEWORTHY MEASURES:

BUDGET
• MDLC testified at the budget hearing of the Children’s Cabinet Interagency Fund before the House Appropriations Committee on February 29, 2008, after it learned a Department of Legislative Services budget analyst recommended cutting almost $10 million that a 2003 statute reserved for services for children with disabilities at risk of custody relinquishment.   MDLC also opposed the repeal of this statute which was added as a last minute amendment to The Spending Mandate and Revenue Dedication Relief Act.  The amendment was enacted without notice to the public and without any opportunity for public testimony at a hearing by the House and Senate committees.  MDLC attempted to bring to bring to the House Appropriations Committee’s attention the legislative history of the statute and the context for its enactment in 2003 as one of three pieces of legislation to address the problem of families being forced to relinquish custody of children with developmental or psychiatric disabilities to local departments of social services or the juvenile justice system in order to obtain critical services or necessary placements for their children.  However, the Committee voted in favor of the budget cuts and the General Assembly unknowingly voted in favor of the legislation’s repeal.  MDLC along with other advocates will work to address this setback in expanding services to prevent custody relinquishment of children with disabilities.

• The Department of Health and Mental Hygiene (DHMH) was directed to develop a transition plan to facilitate the movement of individuals with developmental disabilities from state psychiatric facilities into appropriate placements. The transition plan shall be provided to the Legislature by December 1, 2008.

• Appropriations for the closure of Rosewood in the amounts of $2,542,577, $864,527, and $1,525,630 will be held until DHMH submits a written report on the plan to orderly transfer and care for court–ordered individuals that will be relocated due to the closure of Rosewood. The budget committees shall have 45 days from receipt of the report to review and comment.

DEVELOPMENTAL DISABILITIES (DD)
• Testimony was presented in support of HB 1059/SB 305 which extended the life of the Cost Review Commission for DD and Mental Health Programs.
• MDLC supported HB 881/SB 612 that brought businesses owned by individuals with disabilities into the state procurement negotiations.
• MDLC opposed a series of bills (HB 774, 783, 785) that would have made it more difficult for OHCQ to do their job.
• MDLC opposed HB 1234 that would have required training for staff who work with residents at Rosewood.  The bill died.

EDUCATION
• HB 285/SB 96, Positive Behavioral Interventions and Support Programs – sponsored by Delegate Kaiser and Senator Pugh This bill calls for Positive Behavioral Interventions and Support Programs to address truancy rates.  The bills were initiated by the Office of the Public Defender, passed and await the Governor’s signature.

ELECTIONS
• MDLC submitted written testimony opposing several bills requiring proof of identity before one could register or vote.  All of the bills received unfavorable votes.

HOUSING
• MDLC supported HB 54 which allows counties to give tax credits to homeowners for making accessibility modifications.  The bill passed and is awaiting the Governor’s signature.
• HB 231 gives the Department of Housing and Community Development more flexibility in expanding the Rental Allowance Program (RAP). MDLC joined the DD Council in negotiating with poverty advocates and DHCD to be sure that any changes to RAP would continue to give preferred access to persons with very low incomes.
• HB 512/SB 302 would establish the Maryland Affordable Housing Investment Fund. MDLC supports the DD Council in negotiating with developers of low income housing to assure that persons with very low incomes would receive an adequate share of the funding.  The bills did not pass but the House Environmental Matters Committee will be studying the concept during the interim.
• MDLC submitted written testimony for HB 448/SB 792 that would have established minimum standards for visitability.  The bills did not pass but will be studied during the interim.
• HB 1261 prohibited discrimination based on Source of Income.  Advocates were concerned that the bill would receive an unfavorable vote again this year and requested that it not be brought up for a vote.

CHILDREN & YOUTH
• SB 783 requires certification of Residential Child Care Professionals.  The bill excludes DD programs since regulations for training and certification already exist.  MDLC supported the bill.

LEGAL RIGHTS
• MDLC was among the many opponents of HB 615/SB 549 which would have prevented Freedom of Information requests if the requestor had filed a law suit anywhere in the state.  The House Delegation withdrew the bill.  The Senate Education Health and Environmental Matters Committee gave it an unfavorable but will be studying it during the interim.

MEDICAID
• SB 215, Maryland False Health Claims Act would have given the Inspector General of the Department of Health and Mental Hygiene (DHMH) greater power and additional Medicaid funding to investigate false claims.  MDLC worked with Medicaid Matters, DHMH and the Governor’s office to get the bill out of the Judicial Proceedings Committee.  We were successful in this undertaking but the bill failed on the floor of the Senate. 
• SB 218 was a “clean-up” bill for the Living at Home Waiver.  Through the advocacy of the Cross Disability Rights Coalition and MDLC, we were able to get the eligibility age expanded to 65 from 60.  This will allow more seniors to qualify for the Living At Home Waiver.  The bill will be signed in Annapolis on May 22 at 10:00 AM.

MENTAL HEALTH
• HB 1339 – Forced Medication – MDLC and its allies opposed.  The Maryland Psychiatric Society had requested the introduction of this bill to overturn the Maryland Court of Appeals decision in the 2007 case DHMH v. Kelly (co-counseled by MDLC and the Public Justice Center) holding that the statute required proof of danger within the hospital before a competent person’s right to refuse medication could be overcome.
• HB 810 – Outpatient Commitment – MDLC opposed and the bill was withdrawn.  The Maryland Health Care Commission will study the bill and report back to the House Government Operations Committee.
• MDLC testified against HB 116 which allows Licensed Clinical and Marriage and Family Therapists to file Emergency Petitions, but the bill passed and is awaiting the Governor’s signature.

NURSING FACILITIES
• MDLC supported HB 1379 which would have added funding for Older Adults Waiver.  The bill had a fiscal note and died in committee.