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 Senator Lenett
|
This bill would reconstitute the Senior Empowerment Zone task force for the
purpose of finding ways to implement the recommendations that came out of the
report. The name has been changed to Communities for a Lifetime. |
SB 141
HB 151
Budget
Reconciliation and Financing Act of 2010
Sponsored by the President of the Senate and the Speaker of the House,
by request of the Administration
|
In 2007, the State implemented the nursing facility quality assessment, known
nationally as the "provider tax". Under the legislation, each nursing facility
bed is assessed two-percent. This money is then matched with federal monies and
ALL the money generated was to be used to increase nursing facility
reimbursement. However, while each bed is assessed, ONLY Medicaid beds receive
the federal match. Private pay beds pay the assessment but receive no additional
monies. USM OPPOSED INCREASING THE PROVIDER TAX |
SB 190
HB 658Seniors Tax Relief Act
Sponsored in the State Senate by Senator Lenett and 13 other Senators
Sponsored in the House of Delegates by Delegate Gilchrist and 59
other Delegates |
Under the tax code a senior citizen married to another senior
citizen is entitled to the standard personal exemption of $3200 per
person and the special exemption of $1000 per person for a grand total
of $8400. A senior citizen filing individually who claims another
senior citizen as a dependant is entitled to a personal exemption of
$3200 each, the special exemption of $1000 for himself and an additional
exemption of $3200 for the dependant, for a grand total of $10,600.
These bills would eliminate the different treatment. |
| SB 231
Maryland Uniform Adult Guardianship and Protective
Proceedings Jurisdiction Act
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. |
| 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. |
SB 309
HB 483Uniform 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. |
SB 406
HB 300Fairness 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. |
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. |
SB 244
HB 457Elder 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 |
SB 460
HB 382Income 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. |
| 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. |
SB 655
HB 384Task 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. |
SB 774
HB 882Life 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. |
SB 776
HB 879Assisted 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. |
| 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. |
SB 878
HB 799Reverse 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. |
| SB 812 End of Life Health Care Disclosure Act
Sponsored by Senator Lenett |
This bill is another attempt to allow individuals to be made aware of their
end of life choices. Even though it is limited to health care facilities, it is
a step in the right direction. In this bill health care facilities would be
required to inform the individual or the individual's proxy about choices, about
health care directives, and about the policy of the institution concerning
honoring advance directive provisions. |
| SB 813 Maryland Communities for a Lifetime 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. |
| 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. |
| 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 |
| 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. |
| 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. |
| 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. |
| 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. |
