The Arc Maryland's Weekly Legislative Update
For the Week of February 24 - March 1, 2020
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 and other initiatives of The Arc Maryland and The Arc of the United States!
The Annapolis Insider Bill Tracker
Top Hearings of the Week
DDA Budget (and BRFA Hearings)

Wednesday, February 26
SB0192 : Budget Reconciliation and Financing Act (BRFA) of 2020  
Senate Budget and Taxation Committee, 1:00 PM, Room 3 West, Miller
 
DDA Budget Hearing: House Health and Social Services Subcommittee, Room 145, at 1:00 PM

Thursday, February 27
HB0152 : Budget Reconciliation and Financing Act (BRFA) of 2020 
House Appropriations Committee, 1:00 PM, Room 120
DDA Budget Hearing: Senate Health and Human Services Subcommittee, Miller Senate Building, William Amoss Room (4th Floor) at 1:00 PM

Position: Support with amendment to restore the 2% funding (that was removed through the BRFA bill) back to the budget for DDA. See page 16 of the BRFA bill for language on the funding cut.
 
Supports and services for people with intellectual and developmental disabilities (I/DD) are funded by the Developmental Disabilities Administration (DDA) through state and federal Medicaid funds. Almost 25,000 people in Maryland receive some form of support or service from DDA, ranging from "case management-only" services to 24-hour a day residential and day time supports.
 
Many people with I/DD and their families rely on these critical services and supports to live, learn, and work in communities of their choice. Medicaid providers (like those who provide community developmental disabilities services and supports) are funded through a combination of state and federal funds. Providers are prevented from passing on any increases in costs of doing business to the people they support. This makes providers incredibly reliant on the state to ensure that any laws passed, to increase Direct Support Professional wages or impose other mandates that cost money, also include provisions to increase state funding (through Medicaid provider rates) to cover the increased costs.
 
When the General Assembly passed the Minimum Wage Act of 2019 ("Fight for $15), they included a mandate for a 4% annual increase for DDA community services for FY21 to help providers and people who self-direct their services to partially keep pace with the increased minimum wage.
 
What happened: Despite the mandate, the Governor's draft budget for FY21 (adjusted through the Budget Reconciliation and Financing Act) includes only a 2% increase for DDA community services.
 
The Maryland General Assembly has the power to restore the missing 2% funding to the DDA budget. We need our legislators to work together to restore our funding; We need a minimum of the 4% increase that was promised for provider rates in the FY21 budget.

Our message: Although there are a lot of good things in the proposed DDA budget for FY21 such as funding for people on the waiting list and youth leaving high school (transitioning youth), this funding for new services will amount to empty promises to families and people seeking services and supports. If our existing community system of support is not properly funded and maintained and therefore does not have the capacity to fulfill its current commitments, it is unlikely to be able to develop capacity for growth.
 
We need help from the budget committee members to communicate that the priorities of our state include people with intellectual and developmental disabilities and their families. This can be done through a restoration of the 2% funding (cut through the BRFA) to the budget, with funding increases effective on July 1, 2020.

See and print the BRIEFING SHEET for the impacts of the proposed budget shortfall on our DSP workforce.
 
What can you do?

  • Sign up to testify at the Budget Reconciliation Financing Act (BRFA) bill hearings or the DDA budget hearings. Tell your important story about how important DDA services and supports are to you and your family. If you need assistance to testify, please contact your local chapter of The Arc. 
 
  • Call, write to, or visit members of the committees who are hearing testimony on the DDA Budget and the Budget Reconciliation Financing Act (BRFA). Tell them your story and how important DDA services and supports are to you or your loved one.  
 
Ask that they recommend the full 4% increase in DDA funding (promised through legislation last year) be included in the final budget and that the increases start July 1, 2020 with no cuts or delays.

Committee Member Contact Information

To contact members of the Committees holding hearings on the BRFA Bill, please click HERE (House Appropriations Committee) or HERE (Senate Budget and Taxation Committee)

To contact members of the Budget Subcommittees holding hearings on the DDA budget, please click on the names below.

House Health and Social Services Subcommittee
Chair:  Reznik, Kirill
District 39
Montgomery County

District 23A
Prince George's County

District 30A
Anne Arundel County 

District 42B
Baltimore County

District 44B
Baltimore County


Senate Health And Human Services Subcommittee
Chair:  Griffith, Melony 
District 25
Prince George's County

District 37
Caroline, Dorchester, Talbot, and Wicomico Counties 

District 21
Prince George's and Anne Arundel Counties
District 6
Baltimore County
HB 839 ( SB 539 ):   Labor and Employment- Family and Medical Leave Insurance Program (also known as the "Time to Care Act")

Status: In the House Economic Matters Committee today, Monday, February 24 at 1 p.m. 
The Senate hearing for this bill will be held on Thursday, February 27 at 1 p.m . in the Finance Committee. 
 
This bill would create a Family Medical Leave Insurance (FMLI) program that is structured similar to a Shared Trust, only in the sense that employers and employees would make contributions to the plan and the plan would pay out benefits to people under qualifying conditions.
 
Paid family medical leave insurance programs that have been put in place in other states, have been found to boost economic security and opportunity for all, including an estimated 1 in 5 Americans with disabilities and their families. A report completed by The Leadership Conference Education Fund found that many low-wage workers with disabilities and family members of people with disabilities feared that "staying home when they or a loved one are sick or in need [would] mean not only the loss of a day's pay but also the possible loss of their job." 

The Time to Care Act proposed in HB 839 and SB 539 would provide much needed paid leave for those who need it, to care for themselves or a loved one. For more information on the benefits of this program, please click HERE.

While there are certainly many positive elements of this bill, there are several components of HB839 (SB539) that, as written would create hardships for some people with disabilities and Developmental Disabilities (Medicaid) providers in the state,including the creation of a mandatory benefit insurance plan to which both the employer and employee would be required to contribute, without bill provisions to create a budget mandate for increased DDA provider funding to support the change.  
 
For a mid-sized Developmental Disability provider with approximately 200 full-time employees and 150 part-time low-wage Direct Support Professionals, this new insurance plan would amount to an employer contribution of between $30,000-$40,000 per year. This figure includes estimations of contributions of administrative employees to the plan, but does not include the costs to the employer of replacement/temporary Direct Support Professional staff who are often more costly that regular/permanent staff due to the current environment in DD community services (high turnover, high rates of staff vacancy, and high levels of staffing overtime costs).

People with I/DD who self-direct their services would be classified as employers with eligible employees under this bill. They and their employees would need to make contributions to the insurance fund through payroll deduction, and they would need to provide time off for their employee for up to 12 weeks (or up to 24 weeks under qualifying circumstances as written in the bill). For people who self-direct, this new requirement could be extremely disruptive to their lives; they do not have a pool of staff they can access when their staff are away, and they would be required to hold the position of their employee until the employee returned from extended leave. There is also no mandate in the bill for increased DDA funding for self-directed services budgets to cover the cost of their contributions to the insurance plan.
DDA providers are Medicaid providers and cannot pass on any of the costs of doing business on to people who receive their services. They rely on state funding for their operations and for the state to provide increased funding for any statewide increases to minimum wage or new benefit programs that require a DD employer's contributions. Any new mandate for wages or employer contributions to mandated leave programs like the one that would be created through this bill, without an accompanying mandate for an increase in annual funding for medicaid providers may further destabilize our DD system. Most Direct Support Professionals receive low wages already for their important work and the mandated employee contribution may also impact the finances of the Direct Support Professional workforce. 
 
Many components of the Family and Medical Leave Insurance Program proposed through this bill also do not align with the Federal Family Medical Leave Act (FMLA). Although FMLA is a separate leave law, the inconsistencies between the two could create administrative and management difficulties for DD providers and people who self direct. 
 
Position: Letter of Information

The Arc will be submitting a letter of information, communicating our support for a family and medical leave insurance program as well as our concerns with the way in which components of this bill may create administrative burdens and unintended consequences if passed as written. 

We will ask that the definitions of "covered (eligible) employee", and other inconsistent definitions and responsibilities of employers under the benefit plan be made consistent with FMLA standards. 

We will also ask that "any legislation creating an insurance program with mandatory contributions also include mandated funding increases for medicaid community- based providers of Developmental Disabilities services and supports (like The Arc organizations) and increases to the individual budgets of people who self-direct their services, to cover costs associated with providing the new benefit plan."
HB1043 : Education - Physical Restraint and Seclusion - Guidelines and Reporting

Status: Hearing in House Ways and Means, Wednesday, February 26 at 1:00 P.M.

Position: Support

House Bill 1043 would require analysis of data collected about the use of restraint and seclusion with students in public and nonpublic schools, development of an accountability system to ensure that the strong regulations and guidance in place in Maryland are implemented fully, and increase the ability of school staff to better meet the needs of their students by addressing gaps in teacher preparation and professional development, thereby reducing the reliance on restraint and seclusion as a tool of classroom management. 

The Arc's position is that restraint and seclusion are aversive, trauma-inducing and dangerous, often resulting in injury to students and sometimes to school staff as well.
Senate Bill 786 (2017), required collection and annual reporting of data regarding the use of restraint and seclusion in public and nonpublic schools throughout the state. The Arc and many others expected that the information would inform stronger regulations and strong guidance from MSDE, and with the training requirements also included in Senate Bill 786, the incidence of restraint and seclusion would decrease.

Unfortunately, that has not been the case and the incidence of restraint and seclusion remains extremely high in many jurisdictions. Across all districts, the vast majority of students who are restrained and placed in seclusion are students with disabilities and the majority are in elementary school.

House Bill 1073 would address some of the gaps by requiring an analysis of the data collected to identify trends and investigate school districts or nonpublic schools that may be violating the regulations that were promulgated to reduce and eliminate restraint and seclusion.  The bill also addresses the needs of teacher training and support to address student behavioral challenges in a trauma-informed, restorative way.
HB1118 / SB0885 : Motor Vehicle Administration- Voluntary Disclosure of Developmental Disability

Status: Hearing in House Environment and Transportation Committee, Wednesday, February 26 at 1:00 P.M.

Position: Support with sponsor amendments (not yet available in bill text)

HB1118/SB885 would create colored information cards available online and at all MVAs for the voluntary use by people with I/DD and autism to enhance communication between a police officer and the person.

The purpose of the card is to have the driver place their insurance card, registration and driver license with the card, so they can hand it to the officer during a traffic stop. On the outside of the card is helpful tips and instructions for both the officer and driver on how to successfully communicate with each other.
Recap of the Previous Week
HB0806 / SB0657 : Income Tax - Personal Exemption - Disabled Individuals

The first hearing on this bill was in the House Ways and Means Committee on Friday, 2/21. The next hearing is in the Senate this week on Wednesday, 2/26 at 1:00 PM, B&T, Room 3 West Miller

Position: Support

This bill would extend income tax breaks of $1000 to people with physical disabilities. As blindness is a current condition in the law that triggers this income tax exemptions and is classified as a physical disability, this bill allows for a natural extension of the exemption to be made available to people who experience blindness or other physical disabilities. Parent and The Arc Maryland board member, Lori Scott testified along side parent and Partners in Policymaking particiant, Daya Chaney Webb about how this bill would help not only their individual family members but also many other people with physical disabilities.
Rachel London (Executive Director of the Maryland Developmental Disabilities Council) testifies on behalf of the Developmental Disabilities Coalition in the Senate Judicial Proceedings Committee for SB530 (HB231)
The HOME Act comes one step closer to becoming law in Maryland
18 years after it was first introduced to the Maryland General Assembly, the HOME Act passed the Maryland Senate last week and seems poised for a successful vote in the House.
The fair housing bill would prohibit "source of income" discrimination in housing statewide, giving all Marylanders a chance at better housing regardless of their source of income. 

To read the Maryland Matters article on this bill, click HERE

HB0617 / SB0604 : Public and Nonpublic Schools – Medical Cannabis – Policy for Administration During School Hours and Events

Status: House Hearings 2/19 at 1:00 PM, HGO, Room 241
Senate Hearings 2/18 at 1:00 PM, EHEA, Room 2 West Miller

Position: Letter of Information

These bills would require Maryland State Department of Education (MSDE) to work with the Maryland Medical Cannabis Commission (MMCC) to develop guidelines to address the administration of medical cannabis in schools, and provide training and technical assistance to schools to be able to implement the established guidelines. SB0604 is a bit more comprehensive than SB0605 and adds provisions for administration on the school bus, calls for guidance for non-public schools for medical cannabis administration, and creates an update to the caregiver definitions- please follow the bill links above for details on both bills.

Issues These Bills Address: Some children with disabilities and specific conditions experience increase in quality of life and relief from the effects of their conditions through the use of cannabis components where other drugs and treatments have failed. Allowing for the development of policies, guidelines, and training to permit the safe administration of medical cannabis during school hours and events would be a game changer for these children, and would also provide the groundwork on which we may build a system for administration in adult service systems.

According to the MMCC, as of July 2019, nine states authorize medical cannabis to be administered on school property. According to the bill's Fiscal and Policy Note:

"There are four primary policy distinctions between these states’ policies: (1) who can administer the medical cannabis (self-administration, school staff, and/or parents or guardians); (2) where the medical cannabis can be administered (on school grounds, on a school bus, at a school-sponsored event); (3) whether medical cannabis can be stored on school grounds; and (4) whether a school is required or permitted to allow medical cannabis administration on school property. Additionally, the Council of the District of Columbia passed emergency legislation in September 2019 to clarify that existing city law does not prohibit students with medical cannabis licenses from consuming medical cannabis on school grounds.

Across the country, there is broad concern that allowing students to consume medical cannabis on school grounds and/or the administration of medical cannabis by school staff could jeopardize federal funding for schools. However, the Department of Legislative Services (DLS) was unable to find any specific examples where this occurred." Furthermore, "DLS notes that the bill does not require a public school to administer or allow the administration of medical cannabis to students in school, at school-sponsored activities, or on a school bus."
 
In Maryland, MSDE has policies in place for narcotics, OTC drugs, prescription, herbal and homeopathic medications to be delivered at school and to the administration to be delegated to unlicensed staff. The framework to support cannabis administration is there but cannabis would need to be added to these policies. 
 
Regarding training to ensure safety for the students, much of the bill addresses expectations for MSDE and the MMCC to work together to develop the policies and the training protocols that would be needed. 
 
The definition of "caregiver" is one point of concern in the SB0604 and companion bills in that the definition is broadly stated. Different states have different definitions of what a caregiver is and who would be allowed to purchase, transport, manipulate, and administer this treatment. We would like to see a clearer definition, while understanding and supporting this should extend beyond parents to address access concerns for students.

It is clear that medical cannabis is not only medically beneficial to many children and adults, and we need to achieve momentum toward establishing greater ability to use these treatments in school (and hopefully soon also in Home and Community Based Services). It is also clear, as with any treatment, that there needs to be safeguards and guidance for families and administrators.
HB0184 / SB0783 : Special Education – Judicial Actions – Attorney’s Fees and Related Costs

Status: House Hearing 1/30 at 1:00 PM, W&M, Room 131
Senate Hearing 2/18 at 1:00 PM, EHEA, Room 2 West Miller

Position: Support

This bill would create a mechanism for judges to award expert witness fee recovery to parents when they are the prevailing party in a Special Ed case. The law currently allows for the award of attorney's fees to prevailing parents, but families have the burden of assuming expert witness expenses and many families cannot afford the expense of having expert witnesses while the school system regularly brings experts in at state taxpayer expense.
SB0853 / HB1595 : Education - Voluntary Ethical Special Education Advocate Certificate Program

Status: Senate Hearing 2/18 at 1:00 PM, EHEA, Room 2 West Miller
House- Assigned to Rules and Executive Nominations

Position: Oppose

This bill would create a “voluntary ethical special education advocate certificate program.” As in previous years when similar bills were presented to create "voluntary ethical special education advocates," the need for this bill is unclear. 

First, the term “advocate” is not defined, and it is not clear who the bill is intended to encompass. Second, the bill would allow “advocates” who complete a webinar or training module to obtain a certificate of completion. What is concerning is that the content and length of the webinar or training module are not specified in the bill. 

We cannot assume that a person who completes the webinar or training module would, by virtue of having received a certificate of completion, have reached any particular level of achievement or competency to warrant designation as an “ethical special education advocate.” This could have implications for misrepresentation as families seek assistance with Individual Education Planning. The bill, if passed, might have the effect of leading people to believe that an advocate, who possesses a certificate of completion of a webinar or training program, is more qualified to support them than he or she actually is.

Finally, because the program is voluntary, there is no guarantee that “advocates,” who may be in need of the training envisioned by the sponsors, would avail themselves of it.
For all of these reasons, we oppose SB0853.
HB1300 / SB1000 : Blueprint for Maryland's Future - Implementation

Status: House Hearing 2/17 at 12:00 PM, APP, Room 121 and W&M, Room 131
Senate Hearing 2/17 at 12:00 PM, EHEA, Room 2 West Miller

Position: Support

This bill will not only provide needed educational funding for our schools but will also address funding inequity, mandate expanded preschool services, require behavioral health services with a recognition of the need for trauma informed approaches and will address teacher training needs while creating an accountability structure that is greatly needed if we are to successfully overhaul the state’s education funding structure.

SB0637 : Children - Therapeutic Nursery Program - Funding

Status: Senate Hearing 2/19 at 1:00 PM, B&T, Room 3 West Miller

Position: Support

This bill establishes a Therapeutic Nursery Program with certain levels of funding for children with and without significant disabilities. In the past, the funding for this needed care has been both unstable and unpredictable. This bill would create an annual appropriation of these funds and the needed framework through which funding for these services could be responsibly administered.
Hearing Schedule
February 24th
House:

EMC, 1:00 PM, Room 231
HB0839 : Labor and Employment - Family and Medical Leave Insurance Program - Establishment
February 25th
House:

APP, 1:00 PM, Room 121
HB0584 : Day Care Centers for the Elderly and Day Care Centers for Adults - Reimbursement

EMC, 1:00 PM, Room 231
HB0712 : Labor and Employment – Leave With Pay – Bereavement Leave (Family Bereavement Act)

JUD, 1:00 PM, Room 101
HB0742 : Corrections - Restrictive Housing - Serious Mental Illness - Assessments (Restrictive Housing Reform Act)
February 26th
House:

Health and Social Services Subcommittee, 1:00 PM, Room 145
DDA Budget Hearing

HGO, 1:00 PM, Room 241
HB0547 : Health - Maryland Children's Service Animal Program - Establishment

HB0819 : Health - Health and Wellness Standards - Correctional Facilities and Health Care Facilities

W&M, 1:00 PM, Room 131
HB1043 : Education - Physical Restraint and Seclusion - Guidelines and Reporting

HB1292 : Public Schools - Special Education Classrooms - Use of Video Recording Devices

Senate:

JPR, 12:00 PM, Room 2 East, Miller
SB0768: Health - Health and Wellness Standards - Correctional Facilities and Health Care Facilities

B&T, 1:00 PM, Room 3 West, Miller
SB0192 : Budget Reconciliation and Financing Act of 2020

SB0657 : Income Tax - Personal Exemption - Disabled Individuals

FIN, 1:00 PM, Room 3 East, Miller
SB0738 : Health Care Providers and Health Benefit Plans - Discrimination in Provision of Services
February 27th
House:

APP, 1:00 PM, Room 121
HB0152 : Budget Reconciliation and Financing Act of 2020

E&T, 1:00 PM, Room 251
HB1118 : Motor Vehicle Administration - Records - Voluntary Disclosure of Developmental Disability

Senate:

Health and Human Services Subcommittee, 1:00 PM, Miller Senate Building, William Amoss Room (4th Floor)
DDA Budget Hearing

FIN, 1:00 PM, Room 3 East, Miller
SB0449 : Labor and Employment - Direct Care Workforce Innovation Program

SB0539 : Labor and Employment - Family and Medical Leave Insurance Program - Establishment
February 28th
House:

W&M, 1:00 PM, Room 131
HB1235 : Maryland Center for School Safety - School Employee Injury Reporting and Study

Senate:

FIN, 1:00 PM, Room 3 East, Miller
SB0863 : Maryland Medical Assistance Program - Long-Term Care Services and Supports - Personal Needs Allowance
March 2nd
House:

HGO, 1:00 PM, Room 241
HB0612 : Labor and Employment - Health Care Facilities - Workplace Safety Program - Revisions
March 3rd
House:

EMC, 1:00 PM, Room 231
HB1147 : Places of Public Accommodation and Public Buildings - Single-Occupancy Public Restrooms - Availability (The Accessible to All Act)

HGO, 1:00 PM, Room 241
HB0691 : Health Occupations – Nurse Practitioners – Certifications of Competency and Incapacity

W&M, 1:00 PM, Room 131
HB1314 : Election Law - Voting Systems - Accessibility for Voters With Disabilities

Senate:

JPR, 12:00 PM, Room 2 East, Miller
SB0885 : Motor Vehicle Administration - Records - Voluntary Disclosure of Developmental Disability

EHEA, 1:00 PM, Room 2 West, Miller
SB0367 : State Department of Education - Guidelines on Trauma-Informed Approach

SB0549 : Education – Public Schools – Seizure Action Plans (Brynleigh Act)

SB0575 : State Department of Education - Early Literacy and Dyslexia Practices - Guidance and Assistance

FIN, 1:00 PM, Room 3 East, Miller
SB0642 : Home- and Community-Based Waiver Services - Alterations and Task Force
March 4th
House:

HGO, 1:00 PM, Room 241
HB0984 : Developmental Disabilities Administration - Program Changes and Required Reports

HB1003 : Human Services – Department of Disabilities – Accessibility Programs

HB1091 : Maryland Medical Assistance Program - Long-Term Care Services and Supports - Personal Needs Allowance

HB1140 : Health - Mobile Response and Stabilization System for Children and Families in Maryland - Study

HB1171 : Public Health – Demonstration Program and Developmental Disabilities

JUD, 1:00 PM, Room 101
HB1115 : Courts - Improperly Summoning a Police Officer - Civil Liability

W&M, 1:00 PM, Room 131
HB1407 : Primary and Secondary Education – Student Discipline (Right to Teach Act of 2020)

HB1468 : Education - Student Behavior - Parent Notice and Required Counseling (Parent Accountability Act)

Senate:

JPR, 12:00 PM, Room 2 East, Miller
SB0833 : Adult Protective Services - Vulnerable Adults Registry - Investigations and Records of Abuse and Neglect and Workgroup Study
March 5th
House:

APP, 1:00 PM, Room 121
HB1098 : Use of Public Funds – Playground and Athletic Field Surfaces – Authorizations, Preferences, and Prohibitions (Safe and Healthy Fields Act)

HGO, 1:00 PM, Room 241
HB1163 : Home- and Community-Based Waiver Services - Alterations and Task Force

HB1168 : Maryland Department of Health - Residential Service Agencies - Training Requirements

JUD, 1:00 PM, Room 101
HB0745 : Office of the Attorney General - Senior and Vulnerable Adult Asset Recovery Unit

HB1282 : Criminal Procedure - Vulnerable Adult Abuse Registry

Senate:

EHEA, 1:00 PM, Room 2 West, Miller
SB0757 : Election Law - Voting Systems - Accessibility for Voters With Disabilities

FIN, 1:00 PM, Room 3 East, Miller
SB0879 : Public Health – Maryland Infant Lifetime Care Trust Funded by HSCRC and Maryland Patient Safety Center Duties

SB0897 : Maryland Department of Health - Residential Service Agencies - Training Requirements
March 6th
House:

E&T, 1:00 PM, Room 251
HB1475 : School Buildings - Drinking Water Outlets - Elevated Level of Lead (Safe School Drinking Water Act)

HB1542 : Public Health - Lead Poisoning Testing Program and Lead Poisoning Prevention Fund

Senate:

FIN, 1:00 PM, Room 3 East, Miller
SB0796 : Developmental Disabilities Administration - Program Changes and Required Reports

SB0834 : Maryland Medical Assistance Program - Provision of Residential Service Agency Services

SB0918 : Human Services - Trauma-Informed Care - Commission and Training
Please note: the following abbreviations identify the legislative committees in the Assembly:

House of Delegates:
  • APP - Appropriations Committee
  • EMC - Economic Matters Committee
  • E&T - Environment and Transportation Committee
  • HGO - Health and Government Operations Committee
  • JUD - Judicial Committee
  • W&M - Ways and Means Committee

Senate:
  • B&T - Budget and Taxation Committee
  • EHEA - Education, Health, and Environmental Affairs Committee
  • FIN - Finance Committee
  • JPR - Judicial Proceedings Committee