United Seniors of Maryland (USM)

Legislation in the 2010 Session of the Maryland General Assembly that were addressed by United Seniors of Maryland (USM)


Maryland Senate Chamber Annapolis, Maryland	Maryland House of Delegates Chamber Annapolis, Maryland

The United Seniors of Maryland requested a vote on 26 items, of which 11 were cross-filed bills, as of 10 March 2010. USM has taken no position on two items (SB244/HB457 and HB327); has opposed one (HB151/SB141); and has supported the other 22 items. The following list summarizes these items.

Bill number(s)
Title
Sponsors

Explanation and Comments

SB 31

Maryland Communities for a Lifetime Commission

Sponsored by Senators Kelley & Forehand

The 50 plus guardianship systems in the United States (and systems in other countries) result in frequent problems of determining jurisdiction. In most American states a court's jurisdiction to appoint a guardian or conservator is based on the individual's home or where the individual is physically present. The questions of jurisdiction between states can arise when a person is physically located in a state other than the person's home, or there is uncertainty regarding the person's home.　

Passed the Senate and House and signed by the Governor

SB 279

Maryland False Health Claims Act of 2010

Sponsored by the President of the Senate, by request of the Administration, and 14 other Senators

Currently, Maryland must rely upon the Feds to bring suit and to settle with providers who make false claims and defraud the Medicaid program. This bill would allow the State to initiate it own suits and would impose the exact same remedies as the Federal legislation and would also allow the State to participate in cases brought to the federal court involving Maryland.

Passed the Senate and House and signed by the Governor

SB 309
HB 483

Uniform Power of Attorney Act

Sponsored in the State Senate by Senator Kelley and 24 other Senators

Sponsored in the House of Delegates by Delegate Dumais and 52 other Delegates

This bill establishes a Uniform Power of Attorney form that would be recognized by all institutions in the state.

Passed the Senate and House and signed by the Governor

SB 406
HB 300

Fairness in Taxation for Retirees Act

Sponsored in the State Senate by Senator Kramer and 8 other Senators

Sponsored in the House of Delegates by Delegate Krebs and 18 other Delegates

This bill has two effects on the pension exclusion provision in the Maryland income tax. First, it broadens the definition of income eligible for the pension exclusion to include income from retirement savings accounts, e.g. IRAs, SEP-IRAs, Keogh Plans, etc. It ends the discrimination against people who do not have either pensions or substantial social security benefits. Second, in the formula for setting the maximum amount of pension exclusion (based on the maximum social security benefit in the previous year), it deletes the phrase "who retired at age 65." USM asked that the changes be delayed until 2012 to eliminate the impact on FY2011.

Not adopted - Both bills were heard in committee but no further action.

SB 429
HB 278

Maryland Medical Assistance Program - Medical Eligibility for Nursing Facility Level of Care Report

Sponsored in the State Senate by Senators Kelley & Conway

Sponsored in the House of Delegates by Delegate Hubbard

This bill sets in statute the eligibility requirements for nursing home level of care which are currently in use. Right now, DHMH can change those requirements by regulation. Enacting this legislation would require DHMH to get the legislature to agree to any changes.

Passed the Senate and House and signed by the Governor

SB 244
HB 457

Elder Abuse . . . - Increased Penalties and Restrictions on Pretrial Release (The John H. Taylor Act)

Sponsored in the State Senate by Senator Gladden

Sponsored in the House of Delegates by Delegate Glenn and 6 other Delegates

Increases the penalties for abuse or neglect of a vulnerable adult from 10 to 20 years or $10K to $20K, or both, for a first degree offense and from 5 to 10 years or $5K to $10K, or both, for a second degree offense. Also prohibits a District Court Commissioner from authorizing the pretrial release of a defendant charged with any of these offenses.

USM TOOK NO POSITION -- PARTLY BECAUSE BILL ALLOWS FOR CONTRITION ON THE PART OF THE ABUSER

Not adopted

SB 460
HB 382

Income Tax - Credit for Long-Term Care Premiums

Sponsored in the House of Delegates by Delegate Manno and 14 other Delegates

Sponsored in the State Senate by Senators Stone & Klausmeier

This bill expands the existing Long-Term Care Insurance income tax credit by allowing the credit to be claimed for every year a policy is in force in the amount of $500 in the first year the credit is claimed and $150 thereafter. Current law allows for a onetime credit. With the fiscal situation in mind, this would not start until 2012.

Not adopted - Both bills were heard in committee but no further action.

SB 265

Assisted Living Programs - Noncommercial Elevator Units - Installation and Inspection

Sponsored by Senator Exum and 4 other Senators

This bill would allow an exception to fire code zoning that requires a commercial grade elevator on any dwelling that houses more than one unrelated individual. It was introduced on behalf of a small assisted living provider who wants to install an elevator but does not have room or funding for a commercial grade elevator in her small group home. such a device would allow a person to "age in place" when they cannot manage steps.

Passed the Senate and House and signed by the Governor

SB 655
HB 384

Task Force to Study Financial Matters Relating to Long Term Care Facilities -- Extension

Sponsored in the House of Delegates by Delegates James & 4 other Delegates

Sponsored in the State Senate by Senator Lenett

This bill extends the dates on a task force that was created last year to look at the ownership of long term care facilities to determine whether who actually owns the facilities has any bearing on the quality of care received by residents.

Passed the Senate and House and signed by the Governor

SB 774
HB 882

Life and Health Insurance - Senior Investment Protection

Sponsored in the State Senate by Senator Kramer and 20 other Senators

Sponsored in the House of Delegates by Delegates Kramer and 11 other Delegates

These bills establish criteria for marketers of life and health insurance intended for seniors that would make it a serious crime to mislead, coerce, or lie to their clients.

Passed the Senate and House and signed by the Governor

SB 776
HB 879

Assisted Living and Nursing Home Residents Protection Act of 2010

Sponsored in the House of Delegates by Delegate Kramer and 22 other Delegates

Sponsored in the State Senate by Senator Kramer and 10 other Senators

These bills are designed to identify sex offenders living in long term care facilities. Apparently it is not uncommon for a sex offender, living in a long term care facility, to abuse a resident. These bills would require identifying the offender, having a plan to protect other residents, and notification to residents and families that a sex offender is a resident of the facility.

Passed the Senate and House and signed by the Governor

SB 789

Labor and Employment -- The Healthy Retail Employee Act

Sponsored by Senator Garagiola and 21 other Senators

This bill would essentially require what many already think is the law but is not -- that a person who works at least 4 hours continuously can have a 15 minute break (to relax, grab a bite or beverage, return a call home) and a person who works over 6 hours can have a 30 minute break. There is no requirement that the break be a paid break and the bill is limited to retail only since that where many people have to stand on their feet throughout the workday are and who are lower paid employees.

Passed the Senate and House and signed by the Governor

SB 878
HB 799

Reverse Mortgage Homeowners Protection Act

Sponsored in the House of Delegates by Delegates Kramer & Manno

Sponsored in the State Senate by Senator Kramer and 12 other Senators

These bills give further protection to seniors who take out reverse mortgages. Since reverse mortgages are only available to seniors, protecting those who chose to make use of this kind of program is clearly a senior issue.

Passed the Senate and House and signed by the Governor

SB 812

End of Life Health Care Disclosure Act

Sponsored by Senators Lenett & Madaleno

This bill complements SB 31, which extends the Communities for Lifetime Task Force. SB813 would make certain that the suggestions that came/come from the Task Force would be implemented.

Not adopted

HB 67

Senior Prescription Drug Assistance Program - Sunset Extension

Sponsored by the Chair of the Health and Government Operations Committee, by request, departmental, Health Insurance Plan

The Maryland Senior Drug Assistance Program currently assists Maryland citizens who are on Medicare and have incomes of 300% of the poverty level or less with premium subsidies for their Medicare Part D premiums and subsidies to help pay prescription costs for the coverage gap. Currently approximately 21,000 people are being assisted by the program. The current law expires at the end of this year, and the provision that Blue Cross/Blue Shield provide a maximum $14,000,000 annual subsidy expires at the end of fiscal year 2010. HB67 would move the termination date for the program to December 31, 2012 and extend the required subsidy through fiscal year 2013.

Passed the Senate and House and signed by the Governor

HB 327

Estates - Disqualification - Conviction for Unlawfully Obtaining Property of Vulnerable Adult or Elderly Individual

Sponsored by Delegate Carter and 3 other Delegates

Current law stipulates that if someone is convicted of a felony, as described in the bill, against a vulnerable adult, the convicted person cannot inherit anything from the person victimized. For instance, if a son were convicted of stealing $1000 from his father, he would not be able to claim an inheritance from the father's estate, which might be quite large. The feeling is that the penalty of being disinherited might be disproportionate to the crime. This bill would allow for the restoration of the inheritance if the felon made restitution and repaid what he had stolen.

USM TOOK NO POSITION -- PARTLY BECAUSE BILL ALLOWS FOR RESTITUTION BY THE OFFENDER

Passed the Senate and House and signed by the Governor

HB 536

Department of Aging Long-Term Care Ombudsman Program

Sponsored by the Chair of the Health and Government Operations Committee, by Request - Departmental - Aging

This Department bill would enable the DoA to implement recommendations that came out of a recent task force. There is general agreement that the State Ombudsman Program is uneven at best and not functional at worst.

Passed the Senate and House and signed by the Governor

HB 757

Public Safety - Maryland Building Performance Standards - Accessibility Standards for Dwelling Units

Sponsored by Delegate Niemann and 7 other Delegates

This bill would require new houses to have at least one entrance that has landings and floors that are zero step to the door and also to have a circulation route to a garage, parking space, of public right-of-way that has minimal changes in level. The bill would not take effect until October 2013, has numerous exceptions (narrow townhouses, developments of five or fewer units, etc.) and requires compliance of only 50% of the units in a development. It also has no provisions for interior standards, but it could be a significant first step toward greater accessibility to new houses. This is a rework of the Visitability bill we supported last year.

Not adopted

HB 926

State Retirement and Pension System - Retiree Organizations - Direct Mailings

Sponsored by Delegates Proctor & Vallario

This bill, sponsored by the Maryland Retired School Personnel Association (MRSPA), would allow two mailings per year to the retiree annuitants of the Maryland Retirement and Pension System.

Passed the Senate and House and signed by the Governor

HB 1272

The Maryland Family and Medical Leave Act

Sponsored by Delegate Mizeur and 34 other Delegates

This Act would build on current federal law by allowing workers to take twelve weeks of unpaid leave to care for siblings, grandparents, domestic partners, and the children of domestic partners.

Not adopted - Unfavorable committee report.

SB 627/HB 712

Medical Marijuana

Sponsored by Senator Brinkley and 9 others. Sponsored by Delegate Morhaim and 47 others

This bill would legalize the use of marijuana for medical purposes under certain strictly specified and controlled conditions.

Not adopted - Senate bill passed Senate 35-12, not assigned to standing committee by House Rules Committee; House bill heard in committee but no further action.

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