The Arc Maryland's Weekly Legislative Update

Week of Session: February 19 to February 25, 2023

Stay up to date on legislation through our Bill Tracker! View position statements, access bill text, and check hearing times and dates.
Download the Latest Bill Tracker

Highlights from last week

Pictured from the top, left to right: Parents, a self-advocate, and Executive Director of The Arc Maryland testify on HB0469: Children With Disabilities - Special Education Services - Eligibility. Middle and Lower right: Temple Grandin was in town and came to The Arc Frederick County for lunch, a tour, and a talk with The Arc and our partners! Lower left: ED of The Arc Maryland testifies in support of SB344: Income Tax- Caregiver Tax Credit in the Senate.

Developmental Disabilities Day at the Legislature is Wednesday, February 22!

We are so excited to be back in person again this year. On Wednesday, February 22 at 8:00, we will start with breakfast and around 8:30, the program will begin. We expect to have close to 600 people in attendance, including Governor Wes Moore, Lieutenant Governor Aruna Miller, Secretary of Health, Laura Herrera Scott, Secretary of Disabilities, Carol Beatty, Deputy Secretary Bernard Simons, dignitaries from the Maryland State Department of Education, several Legislative Champions, and more!

Please click below for more information on DD Day 2023 and check back tomorrow for additional fact sheets!

Click for DD Day Information
TOP BILLS OF THE WEEK

Maryland Department of Health - Developmental Disabilities Administration FY24 Budget

Link to Bill Text (Part of Budget Bill FY24): HB0200 SB0181


Position: Support


Current Status:

HB0200 in House APP (Health & Social Services Sub) hearing 2/22 at 1 PM

SB0181 in Senate B&T (Health & Human Services Sub) hearing 2/23 at 1 PM



This is the budget bill for FY24. The draft budget is favorable for DDA Community Services with appropriations for emergency services, Transitioning Youth, LISS, a 4% increase mandated by the Minimum Wage Act of 2019, and an additional increase of 8% funding to cover expedited escalation of minimum wage increases included in proposed legislation.


With the House budget hearing occurring on DD Day, we anticipate a positive turnout from the community!

Check out the DDA Budget Fact Sheet Here

HB0546 / SB0551 - Education - Service Year Option Program - Establishment (Serving Every Region Through Vocational Exploration Act of 2023)

Link to Bill Text: HB0546 SB0551


Position: Support with Amendment


Current Status: HB0546 In House APP hearing 2/21 at 1 PM

SB0551 In Senate EEE hearing 2/22 at 2 PM


This bill would establish the Service Year Option Program; requiring the Department of Service and Civic Innovation to administer and provide staff for the Program; requiring a Program participant to work at least 30 hours per week and partner with an on-site mentor while working in a service placement; requiring a participating employer to pay a Program participant $15 per hour; authorizing the Department to disburse a stipend of up to $3,000 to a Program participant who completes a service placement; etc.


The Arc Maryland would like to see an amendment to include students who are exiting with a "high school certificate of completion". We understand this was the sponsor's intention and expect support for the amendment. We are also asking for an amendment to create flexibility in the number of hours a participant must work per week to be eligible for the program. Some people, with or without disabilities, may have difficulty working 30 hours per week, but want to work and should have this opportunity to do so.


The Arc Maryland is searching for advocates to testify on this legislation! If you are a person with IDD who has had difficulty getting employment right out of high school, or if you are the parent of a student currently transitioning, we need your help. If you are interested in sharing your story in the Senate, please contact Ande Kolp at akolp@thearcmd.org.

HB0274 / SB0387 - Task Force on Reducing Emergency Department Wait Times

Link to Bill Text: HB0274 SB0387


Position: Support with Amendment


Current Status: HB0274 In House HGO hearing 2/21 at 1 PM

SB0387 In Senate FIN hearing 2/23 at 1 PM


This bill would establish a Task Force on Reducing Emergency Department Wait Times to study best practices for reducing emergency department wait times. It would also require the Task Force to report its findings and recommendations to the Governor and the General Assembly by January 1, 2024. We are hopeful this data will uncover the reasons behind long ER wait times especially for people with IDD who are experiencing a behavioral health crisis. Amendments requested would require dis-aggregation of data by demographics to include race and disability to gather information that may help with the development of solutions. Please contact us if you are willing to share your story!

Testimony is due for SB0397 on 2/22 between 8a and 3p.

HB0770 / SB0913- Publicly Funded Full Day Prekindergarten Program- Tier 1 Child- Alteration of Definition

Link to Bill Text: HB0770 SB0913


Position: Support with Amendment


Current Status: HB0770 In House W&M hearing 2/22 at 1 PM

SB0913 In Senate Rules- First Reading


House Bill 770, would amend the definition of “Tier 1 child” for purposes of prekindergarten eligibility to include children with disabilities. Under federal and state law, children with disabilities are entitled to a free appropriate public education from birth. Early intervention services for children from birth to three years are one component of meeting the needs of very young children with disabilities; prekindergarten is another. Prekindergarten is essential to ensure that children with disabilities have the opportunity to learn the skills they will need in order to be prepared for kindergarten and beyond. However, the Maryland State Department of Education’s 2021-2022 school readiness report found that only 17% of young children with disabilities entered kindergarten fully ready to learn, as compared to 42% of their nondisabled peers.


House Bill 770 codifies existing state and federal requirements and aligns with the intent of the Blueprint for Maryland’s Future. The Blueprint requires that three and four year old children with disabilities be given priority in prekindergarten expansion slots, regardless of income. However, because Tier 1 children are defined separately in the law, children with disabilities may not receive public prekindergarten services, or public prekindergarten programs may not receive funding through the Blueprint to serve children with disabilities without the definition change proposed by House Bill 770.

We strongly support House Bill 770.

TOP HEARINGS COMING UP NEXT WEEK

HB0549 / SB0555 - Fair Wages Act of 2023

Link to Bill Text: HB0549 SB0555


Position: Support with Amendment


Current Status: HB0549 In House EMC hearing 2/27 at 1 PM

SB0555 In Senate FIN hearing 3/2 at 1 PM


This legislation would increase the state minimum wage rate in effect for certain periods of time; increasing, except under certain circumstances, the State minimum wage rate in effect for certain periods of time based on annual growth in a certain consumer price index; altering the authority of the Board of Public Works to temporarily suspend an increase in the minimum wage rate; and repealing the requirement that the Governor's budgets for certain fiscal years include certain provider rate increases.


The bill includes funding for DDA Community Providers upon the escalation of the state minimum wage, but is silent on future increases in the minimum wage that would be tied to the CPI in this bill. We are working on amendment language with DD Coalition members to address that concern.

HB0988 / SB0828 - Family and Medical Leave Insurance Program- Modifications

Link to Bill Text: HB0988 SB0828


Position: Support or Support with Amendment


Current Status: HB0988 In House ECM, hearing 3/7 at 1 PM

SB0828 in Senate FIN, hearing 3/2 at 1 PM


These bills attempt to clean up some of the outstanding issues with the Family Medical Leave Act legislation that passed last legislative session. Both bills change the definition of a person's condition which would render them eligible to use leave under the insurance program. Under this change, a person would be eligible for leave with a statement from their doctor that they had "a serious health condition that prevents the person from being able to perform one or more functions of their position."

The bills also establish demographic data reporting requirements to monitor use of the insurance plan, and contain a clause that "the state shall pay contributions required under subsection (F) of this section for: employers that are community providers, or community based agencies (reference to DDA)"

In the Senate version of the bill, the Employer would contribute 25% and the employee would be responsible for 75% of the premium payments to the plan. In the House version of the bill, the split would be 50%/50%.


We are seeking clarification on the implications of the change in language for eligibility application, and we are also concerned that the previous statement, in the law, related to an exemption for Self Direction employers is absent from this modification bill. This may or may not be an issue, depending on the sections of the statute this bill would amend.


We are grateful for the clarification regarding DD and other medicaid provider premiums.

SPOTLIGHT ON PRIORITY LEGISLATION

"Burden of Proof" Legislation

Position: Support all Bills


Current Status:

HB0381 (Baltimore City & County), HB0373 (Howard County), HB0294 (All of Maryland), HB0120 (Harford County)- Hearings have all been held.


SB0926 (Companion bill to HB0294) has been assigned to the Senate Rules Committee. No hearing date yet.


A number of bills introduced this legislative session would shift the burden of proof from families to the schools in special education due process proceedings. If passed, the change in law would require a county board of education to bear the burden of proof in due process proceedings that initiate from a due process complaint (regarding the provision of special education services for a program for a child with disabilities.)


With each piece of legislation going through the House W&M committee so far, please consider reaching out to committee leadership to express your support! Contact information is available below:


Delegate Vanessa Atterbeary

Chair, Ways & Means Committee

vanessa.atterbeary@house.state.md.us

410-841-3471


Delegate Jheanelle Wilkins

Vice Chair, Ways & Means Committee

jheanelle.wilkins@house.state.md.us

410-841-3493


Delegate Eric Ebersole

Chair, Education Subcommittee

eric.ebersole@house.state.md.us

410-841-3328


Delegate Julie Palakovich Carr

Chair, Early Childhood Subcommittee

julie.palakovichcarr@house.state.md.us

410-841-3037


Please refer to the briefing sheet provided by parent, Michael McLaughlin, and parent/The Arc Maryland Education Committee Co-chair and Board Member, Kim Tart.

Burden of Proof Briefing Sheet
Read a Recent News Article On This Issue
HEARING SCHEDULE

Tuesday, February 21st at 1:00 PM in House APP

  • HB0546 - Education - Service Year Option Program - Establishment (Serving Every Region Through Vocational Exploration Act of 2023)

Tuesday, February 21st at 1:00 PM in House E&T

  • HB0608 - Human Relations - Housing Discrimination - Service Dogs and Guide Dogs

Tuesday, February 21st at 1:00 PM in House HGO

  • HB0274 - Task Force on Reducing Emergency Department Wait Times
  • HB0322 - Public Health - Home- and Community-Based Services for Children and Youth

Wednesday, February 22nd at 1:00 PM in House APP, Health and Social Services Subcommittee

  • MDH Developmental Disabilities Budget

Wednesday, February 22nd at 1:00 PM in House HGO

  • HB0260 - Maryland Sign Language Interpreters Act
  • HB0328 - State Finance and Procurement- Grants- Prompt Payment Requirements
  • HB0395 - State Government – State Facilities Changes and Closures – Procedures

Wednesday, February 22nd at 1:00 PM in House W&M

  • HB0576 - Primary and Secondary Education - Policies on Bullying, Harassment, or Intimidation - Revisions
  • HB0593 - Public Schools - Lifesaver Schools Program - Establishment
  • HB0621 - State Department of Education - Division of Rehabilitation Services - Information Posted on Website
  • HB0737 - Alternative Education Options - Right to Learn and Broadening Options and Opportunities for Students Today Programs (Right to Learn Act of 2023)
  • HB0770 - Publicly Funded Full-Day Prekindergarten Program - Tier I Child - Alteration of Definition
  • HB0782 - Education - Maryland Office of the Inspector General for Education - Powers and Notifications

Wednesday, February 22nd at 1:00 PM in Senate FIN

  • SB0511 - Health and Human Services Transportation Improvement Act of 2023

Wednesday, February 22nd at 2:00 PM in Senate EEE

  • SB0280 - Child Care Providers - Registration and Licensing - Exemptions
  • SB0343 - Maryland Achieving a Better Life Experience (ABLE) Program - Account Establishment - Procedures
  • SB0551 - Education - Service Year Option Program - Establishment (Serving Every Region Through Vocational Exploration Act of 2023)

Thursday, February 23rd at 1:00 PM in Senate B&T, Health and Human Services Subcommittee

  • MDH Developmental Disabilities Budget

Thursday, February 23rd at 1:00 PM in House HGO

  • HB0489 - Residential Service Agencies - Reimbursement - Personal Assistance Services
  • HB0490 - Residential Service Agencies - Employee Registry

Thursday, February 23rd at 1:00 PM in Senate FIN

  • SB0387 - Task Force on Reducing Emergency Department Wait Times

Thursday, February 23rd at 1:00 PM in Senate JPR

  • SB0387 - Human Relations - Housing Discrimination - Service Dogs and Guide Dogs

Monday, February 27th at 1:00 PM in House EMC

  • HB0549 - Fair Wages Act of 2023

Tuesday, February 28th at 1:00 PM in House HGO

  • HB0504 - Maryland Developmental Disabilities Council - Establishment
  • HB0596 - Health and Human Services Transportation Improvement Act of 2023
  • HB0657 - Maryland Medical Assistance Program - Employed Individuals With Disabilities
  • HB0726 - Maryland Medical Assistance Program - Autism Waiver - Military Families
  • HB1148 - Behavioral Health Care - Treatment and Access (Behavioral Health Model for Maryland)

Tuesday, February 28th at 1:00 PM in House E&T

  • HB0826 - Statewide Rental Assistance Voucher Program – Establishment

Tuesday, February 28th at 1:00 PM in Senate EEE

  • SB0848 - Statewide Rental Assistance Voucher Program – Establishment

Tuesday, February 28th at 1:00 PM in Senate FIN

  • SB0732 - Department of Disabilities - Maryland Commission on Disabilities - Membership

Wednesday, March 1st at 1:00 PM in House HGO

  • HB0456 - Pharmacies - Prescription Drugs - Accessible Labels for Blind, Visually Impaired, and Print Disabled Individuals

Wednesday, March 1st at 1:00 PM in House JUD

  • HB0732 - Health - Mental Health Care Provider Immunity and Establishment of Specialty Tertiary Care Psychiatric Programs

Wednesday, March 1st at 1:00 PM in House W&M

  • HB0985 - Primary and Secondary Education - Virtual Schools - Alterations
  • HB1054 - School Health and Vision Services – Screenings and Eye Examinations
  • HB1219 - Maryland Educator Shortage Act of 2023

Wednesday, March 1st at 1:00 PM in Senate B&T

  • SB0468 - Funding for Wage Increases for Medical Provider Workers

Wednesday, March 1st at 1:00 PM in Senate EEE

  • SB0388 - Public Schools - Standardized Behavioral Health Questionnaire for Students - Development and Implementation

Thursday, March 2nd at 1:00 PM in Senate FIN

  • SB0555 - Fair Wages Act of 2023
  • SB0828 - Family and Medical Leave Insurance Program - Modifications
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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