The Arc Maryland's Weekly Legislative Update |
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Week of Session: March 1 - 5, 2021 |
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Every Monday in the Insider, check out updates on key legislation affecting the lives of people with intellectual and developmental disabilities, their families, and professional supports, learn about upcoming advocacy events, and receive notices about Federal, State, and other initiatives of importance to The Arc Maryland! |
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You can stay up to date on all legislation The Arc Maryland is keeping tabs on through our Bill Tracker! Use the Bill Tracker to view position statements, access bill text, and check hearing times and dates. |
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As a Third COVID-19 Vaccine Becomes Available, Efforts Underway to Ramp Up Shots In Arms |
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As a third COVID-19 vaccine becomes available, federal efforts are underway to ramp up shots in arms, but access to the vaccine has been slower than promised.
In an interview on 60 Minutes, Dr. Travis Gayles, Montgomery County's Chief Public Health Officer, talked about vaccination barriers in the county, such as the lack of doses received, long-standing health disparities, and vaccine hesitancy. According to a report from the New York Times, Maryland ranks in the bottom 15 states in the number of vaccines distributed.
A bright spot in the Maryland vaccination effort is the "Maryland Vaccine Hunters," a group of volunteer teachers who assist people with information and direct support to connect with vaccines in the state. Check out the Facebook page for the Maryland Vaccine Hunters via the link below.
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Submit Testimony for DDA Budget Hearings This Wednesday!
Hearings on Friday, 3/5 at 1:30 pm
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Hearings for the Developmental Disabilities Administration's (DDA) FY22 Budget are coming up this Friday, March 5th at 1:30 PM. The House hearing is in the Health and Social Services Subcommittee (Part of APP) while the Senate hearing is in the Health and Human Services Subcommittee (Part of B&T). This year, the committees will meet jointly for one budget hearing.
The FY22 DDA Budget contains key funding for developmental disabilities services and supports, including the 4% rate increase that advocates worked tirelessly to secure during previous legislative sessions. It is vital that we ensure legislators know the impact the FY22 budget has on Marylanders with IDD, their families, and support staff. Please consider submitting written and/or oral testimony! The most powerful testimony is in the form of a personal story. In what ways do you or your family member rely on DDA services? What are some successes? How do DDA services allow you or your loved one to live and work?
If you are interested in submitting testimony for one of the budget hearings, you can do so on the MGA website here. You will have to sign up two business days prior to the hearing, on Wednesday, March 3rd between 10 AM and 3 PM. When you visit the Witness Signup page on the 3rd, you should find the DDA Budget Hearing listed under the Health and Social Services Subcommittee for the House and under the Health and Human Services Subcommittee for the Senate.
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HB01199: Workers’ Compensation – Occupational Disease Presumptions – COVID–19
Status: In House, Hearing 3/2 in EMC at 1:30 PM.
Position: Oppose
Providing that certain covered employees who are suffering from the effects of severe acute respiratory syndrome coronavirus are presumed, under certain circumstances, to have an occupational disease the was suffered in the line of duty or course of employment and is compensable in a certain manner. Includes those working in "related institutions" under Health General Title 19 (3) which includes settings such as individual home supports and services, and small congregate settings under the Developmental Disabilities Administration.
In small congregate group homes, Direct Support Professionals may work alone or with a small number of co-worker caregivers to provide care to people with intellectual and developmental disabilities. If a co-worker were to test positive for the virus, and then another caregiver were to test positive within a certain timeframe, it may be reasonable to conclude the co-worker contracted the virus through occupational exposure, and it may be appropriate for that employee to be covered under worker’s compensation benefits. However, there are other circumstances where it would not be reasonable to arrive at the conclusion that an employee is presumed to have contracted COVID as the result of occupational exposure.
In some of the most recent cases, a caregiver, who has contracted coronavirus, has brought the virus into the congregate setting, and exposed people with IDD to the virus. Besides their caregiving staff, many of the individuals in the congregate settings have been without visitors during the pandemic and isolating, for health reasons.
We must consider that the virus has a high rate of contagion and there are people who have likely contracted the illness from visits with family and friends, patronage at restaurants or bars, and even at the grocery store. These same employees may have also worked in a small congregate setting (group home), with or without other staff within the same 14-day period of these other visits and experiences. It would be impossible for anyone to determine the source of illness, under this very common scenario, much less make a causal link to their occupation.
For these reasons, we do not believe a change in law is necessary for Worker's Compensation claims to be made and evaluated appropriately.
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HB0917: Corrections – Restrictive Housing – Prohibition
Status: In House, Hearing 3/2 in JUD at 1:30 PM.
Position: Support
Prohibiting the placement of an inmate of a State correctional facility in restrictive housing, with certain exceptions; requiring a certain facility to document the usage of restrictive housing in a certain manner; and requiring records concerning the use of restrictive housing, excluding any identifying information, to be posted promptly on the website of the Department of Public Safety and Correctional Services.
Part of restrictive housing reform is to account for the needs of individuals with I/DD and individuals with mental health conditions. In 2017, Disability Rights Maryland shared a study, Lock Down for Persons with Disabilities, which examines restrictive housing practices and the need to reform them. People with disabilities are disproportionately placed in restrictive housing for minimal administrative complaints such as failures to follow directions: behavior that may be a function of the disability. This bill would limit the circumstances under which people with disabilities may be placed in restrictive housing to only serious infractions in which there is a risk of harm to others.
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HB1181: County Boards of Education - Accessibility Standards - Digital Tools (Nonvisual Access Accountability Act for Grades K-12 Education)
Status: In House, Hearing 3/3 in W&M at 1:30 PM.
Position: Support with EAC Testimony
Requiring digital tools developed or purchased by a county board of education to include specifications for access by students with disabilities, including nonvisual access; requiring a county board to provide a student with disabilities access to digital tools that enable students with disabilities to acquire the same information and access the same services as students without disabilities; requiring each invitation for bids or request for proposals for a digital tool to require submission of an accessibility conformance report; etc.
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Hearing Schedule (3/1 to 3/12) |
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House:
EMC, 1:30 PM
HB1199: Workers’ Compensation – Occupational Disease Presumptions – COVID–19
HB1326: Maryland Healthy Working Families Act – Revisions and Public Health Emergency Leave
HGO, 1:30 PM
HB1258: Health Enterprise Zones - Established (Restoring the Promise Act of 2021)
JUD, 1:30 PM
HB0917: Corrections – Restrictive Housing – Prohibition
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Senate:
FIN, 1:00 PM
SB0811: Unemployment Insurance – Computation of Earned Rate of Contribution – Applicable Table of Rates
SB0816: Unemployment Insurance - Employer Contributions - Payment Plans
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House:
APP, 1:30 PM
HB0589: Budget Reconciliation and Financing Act of 2021
HB1056: Nonpublic Schools – Adequate Health Services – Eligibility for Reimbursement
JUD, 1:30 PM
HB1106: Civil Actions – Immunity From Liability – COVID–19 Exposure
W&M, 1:30 PM
HB1089: Primary and Secondary Education – Expansion of Mental Health Services and Prohibition of School Resource Officers (Police–Free Schools Act)
HB1181: County Boards of Education - Accessibility Standards - Digital Tools (Nonvisual Access Accountability Act for Grades K-12 Education)
HB1296: Public School Students - Daily Physical Activity (Student Health and Fitness Act)
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Senate:
B&T, 1:00 PM
SB0493: Budget Reconciliation and Financing Act of 2021
EHEA, 1:00 PM
SB0827: Nonpublic Schools – Adequate Health Services – Eligibility for Reimbursement
FIN, 1:00 PM
SB0796: Maryland Office of Minority Health and Health Disparities and Maryland Health Care Commission – Reporting Requirements
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House:
HGO, 1:30 PM
HB1033: Office of Health Care Quality – Influenza Virus Immunization Education and Information – Assisted Living Facilities
JUD, 1:30 PM
HB1281: Adult Protective Services - Vulnerable Adults Registry - Investigations and Records of Abuse and Neglect and Workgroup Study
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House:
EMC, 1:30 PM
HB1171: Labor and Employment - Maryland Employee Protection Plan for Vaccine Refusal
W&M, 1:30 PM
HB1020: Election Law – Curbside Voting – Establishment
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Senate:
EHEA, 1:00 PM
SB0665: Public Schools - Self-Contained Special Education Classrooms - Use of Video Recording Devices
SB0921: County Boards of Education - Accessibility Standards - Digital Tools (Nonvisual Access Accountability Act for Grades K-12 Education)
FIN, 1:00 PM
SB0725: Workers' Compensation - Occupational Disease Presumptions - COVID-19
SB0812: Workers' Compensation - Occupational Disease Presumptions - COVID-19
SB0813: Workers’ Compensation – Occupational Disease Presumptions – COVID–19
SB0860: Workers' Compensation - COVID-19 Occupational Disease Presumption - Public School Employees
JPR, 1:00 PM
SB0844: Adult Protective Services - Vulnerable Adults Registry - Investigations and Records of Abuse and Neglect and Workgroup Study
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Senate:
JPR, 12:00 PM
SB0776: Criminal Procedure – Out of Court Statements – Child and Vulnerable Adult Victims
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Please note: the following abbreviations identify the legislative committees in the Assembly:
House of Delegates:
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APP - Appropriations Committee
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EMC - Economic Matters Committee
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E&T - Environment and Transportation Committee
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HGO - Health and Government Operations Committee
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JUD - Judiciary Committee
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W&M - Ways and Means Committee
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HRU - Rules and Executive Nominations Committee
Senate:
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B&T - Budget and Taxation Committee
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EHEA - Education, Health, and Environmental Affairs Committee
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FIN - Finance Committee
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JPR - Judicial Proceedings Committee
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EXN - Executive Nominations Committee
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SRU - Rules Committee
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