April 15, 2021
Dear Neighbor,
Thank you for the privilege of representing you as your District 16 Delegate to Maryland’s General Assembly. This year’s session was challenged by COVID-19 protocols that physically divided the chamber and required that much of our work be conducted remotely. We took on a number of extremely difficult issues this year, including police reform, health equity, and social justice, and began the hard work of addressing the economic and health consequences of COVID-19. I am enormously proud of all we have been able to accomplish in such challenging circumstances.
As Chair of the Health Occupations & Long Term Care Subcommittee and a leader on the Health and Government Operations Committee, I spent much of the session advancing policies to help us respond to and recover from the COVID-19 pandemic. I also spent significant time providing oversight to the state vaccine rollout and attempting to bridge the gap between local and state officials on this important effort. In addition, eight of my legislative initiatives passed into law to protect privacy, increase access to care for the most vulnerable in our state, and strengthen our healthcare and childcare systems in a variety of ways.
The Maryland General Assembly passed legislation to bring pandemic relief, strengthen environmental protections, address inequalities in housing, criminal, and healthcare laws, and improve our education system. Here are some highlights of the recently concluded 2021 legislative session
COVID RESPONSE
Early in the session, we passed the RELIEF ACT (Recovery for the Economy, Livelihoods, Industries, Entrepreneurs, and Families). A product of bipartisan work, the RELIEF Act provides over $1.5 billion in assistance to small businesses and nonprofits, payments to low-income families struggling to pay rent or utility bills, and tax relief to those receiving unemployment insurance.
I was particularly pleased that the measure expanded eligibility for the Earned Income Tax Credit (EITC), one of the most proven methods to lift working families out of poverty. Our measure makes Maryland the most generous state in the nation on tax relief for low-income families and individuals. We also passed legislation (SB 218) to include ITIN filers (immigrants who file taxes) in this program and thus have access to essential relief benefits. I worked closely with my colleagues in the Latino Caucus to ensure that this measure was included in our relief efforts. Montgomery County has the largest share of immigrants in the state, so this was particularly important for our County.
Since last spring, the D16 delegation has helped hundreds of constituents navigate Maryland’s Unemployment Insurance system which was antiquated and not equipped to handle the emergency. Thousands of Marylanders continue to wait on benefits and after numerous oversight hearings and internal reforms still proved inadequate, we passed a significant legislative package (HB 907, HB 908, HB 1138, HB 1139, HB 1143) to modernize the system, improve customer service, create more accountability and plan for the next emergency.
To address a looming housing crisis, we passed first in the nation legislation (HB 18) to grant tenants the right to counsel in specific eviction proceedings and establish a program to be administered by the Maryland Legal Service Corporation to provide those services. We also passed SB 401 which requires that landlords give a 60-day notice to end a lease and a 90-day notice if a tenant has lived there for over two years.
In response to COVID, we also passed big bills related to healthcare access, nursing home and assisted living quality and visitation, health equity, telehealth, and vaccines. See the Health Care section below for details.
STATE BUDGET
This year, the legislature passed a $52.4 billion balanced state budget that plans to erase projected deficits through fiscal year 2024, raise general funds by $900 million, and replenish the State’s Rainy Day Fund with $1.8 billion.
The MGA also worked with Governor Hogan to create a bipartisan budget agreement to determine how to spend the $3.9 billion in supplemental federal stimulus funds Maryland will receive from the American Rescue Plan Act. The funding will be directed towards the safe reopening of schools, investments to bridge the digital divide, direct cash assistance to families, funding for Maryland libraries, and funding to expand the autism waiver for children.
SOCIAL JUSTICE
Criminal Justice and Police Reform
Maryland is leading the way in efforts to make our justice system more equitable. To end racially-driven police misconduct and increase police accountability we passed The Maryland Police Accountability Act of 2021 (HB 670, SB 71, SB 178, SB 600). The Governor attempted to block some of the measures included in the package, but we successfully overrode his vetoes. The historic four-part act repeals the Law Enforcement Officers’ Bill of Rights, establishes a more transparent civilian-driven process to evaluate police misconduct, increases police training, imposes swift and uniform penalties for police misconduct, allows the public disclosure of police records, requires all officers to wear body cameras, and strengthens limitations on use of force and no-knock warrants. HB 742 – The Walter Lomax Act sets a standard process for providing compensation to individuals who are wrongly convicted, sentenced, and imprisoned. This will improve how we bring restitution to those who have been failed by our justice system. The MGA passed with a veto override the Juvenile Restoration Act (SB 494), which would abolish juvenile life without parole sentences in Maryland and would allow former juveniles who were sentenced before October 1, 2021, to request a re-sentencing hearing. We also passed SB 202 that will take the Governor out of parole decisions for those sentenced to life in prison after 20 years.
Racial Justice
I am particularly proud of the work we did to address racial inequities. Towards this goal, we passed legislation to increase diversity in corporate boardrooms (HB 1210), increase minority homeownership (HB 1213, HB 1178), expand opportunities for minority participation in state procurement (HB 790), and obtain venture capital (HB 1211). We expanded environmental justice initiatives (HB 1207) and invested resources into improving health equity and reducing disparities in healthcare. Since 1976 (the year I was born!), advocates in Maryland have been calling for the repeal of our state song. The song has a racist and pro-confederate history that is not representative of our great state. This year, we finally succeeded in repealing it (HB 667). The legislature also initiated efforts to evaluate certain proposed legislation for potential impact on racial equality efforts. This analysis is similar to a process we already use to evaluate every proposed bill for potential impact on small businesses.
Protecting Immigrants
HB16 – Dignity Not Detention Act aims to preserve the rights of Maryland immigrants by banning local jurisdictions from entering into or renewing detention center contracts with ICE. The inhumane treatment taking place in detention centers is intolerable and our state should not be associated with this unjust process.
Gender Equity
This was not a great year for legislation strengthening women’s rights. While I would have liked to see greater efforts to address the disproportionate burden women have faced as society adjusted to the pandemic, there are a few bills of note. We overrode the Governor’s veto of 2020 legislation (SB 684) to create a women’s pre-release center for women returning from incarceration. To lessen the burden menstruating students face in a school environment, we passed HB 205- Public Schools – Provision of Menstrual Hygiene Products which will require that all public schools install free menstrual hygiene product dispensers in public school restrooms over the next five years. At long last, we expanded postpartum Medicaid eligibility (SB 923) for medical and dental coverage to women for one full year immediately following childbirth. Prior to this expansion, postpartum women who qualify for Medicaid with a higher income threshold due to pregnancy were kicked off of Medicaid three months after childbirth. We also expanded the Prenatal and Infant Care Grant Program Fund (HB 1349) to include low-income Marylanders who do not qualify for Medicaid.
Preventing Gun Violence
Early in the session, my colleagues and I voted to override the Governor’s veto of legislation passed in 2020 that requires a background check for private sales or transfers of long guns. A longtime champion of gun safety legislation, D16 Senator Susan Lee was the primary sponsor of SB 208.
ENVIRONMENT
Protecting the environment and addressing climate change has always been a priority of mine and assuredly is a top one for D16 residents. Towards that goal we passed several bills this year that will provide sufficient funding to repair and maintain our transit system (HB 114); prohibit the intentional release of balloons into the atmosphere (HB 391);
reduce food waste by requiring that large-scale food producers recycle organic material (HB 264), and authorize a pilot program allowing residents in Montgomery County to utilize Community Choice Energy (CCE) aggregators (HB 768). We also doubled state capacity for residential rooftop solar projects (HB 569), removed black liquor from Maryland’s renewable portfolio (SB 65), and increased funding to address nitrogen issues from agricultural products and for stormwater projects in disadvantaged communities (HB 507). Despite strong advocacy from stakeholders, SB 414 – Climate Solutions Now Act of 2021 which aimed to reduce statewide greenhouse gas emissions failed to pass this year.
My D16 colleague Delegate Sara Love passed two important bills to address water pollution problems (HB 76 and HB 295). D16’s Delegate Marc Korman was the House sponsor of the Zero Emission Bus Transition Act (SB 137) which requires that beginning in 2023, all buses purchased by the state be electric.
HEALTHCARE
Lowering Costs
To address the rising costs of drugs, the General Assembly overrode the Governor’s veto of HB 1095 – Public Health- Prescription Drug Affordability Board and Fund from the 2020 legislative session. This first-in-the-nation board is tasked with examining prescription drug costs and presenting recommendations on how to make high drug costs more affordable for Marylanders. We also passed SB 537 which allows pharmacists to inform consumers of the availability of a lower-priced, therapeutically equivalent brand name or generic drug or device and allows for substitution with the lower-priced but equivalent drug or device. HB 849 – Public Health – Medical Records Fees lowers the fee that can be charged for copies of a medical record and prohibits health care providers from charging a separate preparation fee. My legislation, HB 161– Licensing Audiology Assistants, creates a new category of licensed healthcare worker. Audiology assistants can provide lower-cost audiology services and will increase access to audiology care, reduce costs to consumers, and could create up to 900 new jobs.
Protecting Privacy
With the support of the Maryland Health Care Commission and a broad group of consumer advocacy organizations, including the Maryland Network Against Domestic Violence, Planned Parenthood of Maryland, Public Justice Center, and Women’s Law Center of Maryland, I was proud to sponsor HB 1375- Health Information Exchanges- Electronic Health Information- Sharing and Disclosure. It will lead to the creation of a website where Marylanders can opt-out of (HIE) sharing sensitive health information across every health information exchange in Maryland. HIE’s have transformed medical care by enabling providers to more easily share information but some information is more sensitive and people wish to keep it private.
Expanding Access To Care
I was proud to serve as the lead sponsor on an important bill for Maryland families. HB 598– Medicaid Coverage for Applied Behavior Analysis Services increases equal access to critical treatment for children with autism by eliminating an unacceptable inequity between services available to families enrolled in Medicaid and those with private insurance. Children who are Medicaid eligible deserve the same access to care as all other children, and this is especially true for children with autism when timely access to treatment has the potential to improve lifelong outcomes.
Due to the pandemic, childhood immunization rates have plummeted, raising the risk for outbreaks of vaccine-preventable diseases including measles and whooping cough. To address this challenge, I sponsored and passed HB 1040 – Vaccination Access which temporarily codifies into state law the federal order allowing pharmacists to administer routine childhood vaccines to children ages 3-11. It also creates a study to evaluate immunization data, the efficiency of ImmuNet (our state immunization reporting database), the impact of the order on well-child visits, and provide best practice recommendations. The findings from the study will also influence our next steps in the state plan for COVID vaccinations for children. With more convenient hours and locations, pharmacies offer parents and caregivers another option to get their children caught up on necessary immunizations, access children’s COVID vaccines when approved and help to relieve the burden on local health departments struggling to manage the pandemic.
The public health crisis broadened the use of telehealth and we passed an omnibus telehealth bill (HB 123 – Preserve Telehealth Access) to maintain and expand access to medical care using this technology. The legislation clarifies the rules and payment structures for medical care delivered via telehealth and importantly, temporarily requires parity between video and audio-only telehealth for public and private insurers. This is a huge benefit for all consumers but the audio-only provision is especially important for vulnerable populations. My legislation, HB 191 Maryland Medical Assistance Program – Psychiatrist and Psychiatric Nurse Practitioner Telemedicine Reimbursement – Sunset Termination, which makes permanent a program that allows specialized psychiatric teams to prescribe medications via telehealth, was included as part of the omnibus bill. This measure gets critical psychiatric treatment to the most vulnerable Marylanders, including those experiencing homelessness and those with substance use disorders. We also updated the framework for the use of telehealth by school-based health centers with the passage of HB 34.
Improving Health Equity
Studies have linked health disparities to limited economic resources and racial bias. The data consistently shows growing health disparities in low-income and minority communities, and implicit bias perpetuates these disparities. The following bills seek to make our state health care more equitable, so every Marylander can receive the same, high-quality care they need:
- HB 565 – Health Facilities- Hospitals- Medical Debt Protection- Unanimously passed in both chambers, this bill will bring an end to medical debt collection practices that disproportionately target poor families and people of color. The bill bans certain practices that result in legal action taken against patients who struggle to pay off medical debt and prevents future actions by creating income-based payment plans that hospitals must make known.
- HB 28 – Implicit Bias Training and the Office of Minority Health and Health Disparities: Makes changes to the accreditation and licensing process for all health care providers to include requirements for health equity and bias training.
- HB 78 – The Shirley Nathan-Pulliam Health Equity Act of 2021: Designed to improve health outcomes in minority communities and reduce health inequities across the state, the Maryland Commission on Health Equity will be established and is responsible for developing a health equity framework to resolve these issues.
Addressing Long-Term Care Needs
HB 416 requires the Maryland Department of Health (MDH) to update assisted living regulations and establish training and staffing requirements for Alzheimer’s special memory care units in assisted living programs which will ultimately improve the quality of care in these facilities. My colleagues and I also passed HB 119 which requires MDH to incorporate messaging about Alzheimer’s and related dementia into its relevant public health outreach programs.
I sponsored and passed HB 599 which implements the recommendations of a multi-year workgroup charged with finding ways to make it easier for families to prepare for aging. It requires MDH to develop and publish long-term care planning materials and for state agencies to revamp and streamline their websites with information on this topic.
In response to quality of care issues, we passed HB 754, a new law requiring nursing home’s under new out-of-state ownership to complete a full survey of the home several times after the transfer to ensure that there is no diminution of care or other reduction in services as a result of ownership transfer.
HB 983 – The Gloria Daytz Lewis Act requires the Maryland Department of Health to develop guidelines on the restrictions nursing homes can impose during COVID or any other catastrophic health emergency. The restrictions must balance the need for safety with the mental and spiritual needs of residents and families.
Supporting Mental Health
Teen suicide has been increasing. SB 41– Mental Health Access Initiative removes a barrier to care by allowing a teenager to consent to mental health counseling services in a situation where parental consent is not in the minor’s best interest. This legislation eliminates a barrier that many minors face in seeking mental health treatment and helps to ensure that some of our most vulnerable young people can get the mental health help they need.
HB 812 establishes a statewide Mental Health Services Phone Call program. On the floor, we voted to rename the bill The Thomas Bloom Raskin Act, in loving memory of the beloved son of our Maryland Congressman, and my dear friend, Jamie Raskin.
As a safer way to avert crises and help people get connected to life-saving services and care, we voted through a behavioral health crisis bill (HB 108) which will establish 24/7 mobile crisis units to be the first line of response to mental health crises and be responsible for assessing and de-escalating emergency situations.
We also passed HB 605– Veterans- Behavioral Health Services- Mental Health First Aid. This legislation requires the Maryland Department of Health to provide mental health first aid training to veterans and their immediate family members, ensuring that they know how to identify and respond to signs of behavioral health disorders.
EDUCATION
At the start of the session, my colleagues and I overturned the Governor’s veto of The Blueprint for Maryland’s Future, a multi-billion dollar education reform measure. This year, the presiding officers of the General Assembly also introduced HB 1372- Blueprint for Maryland’s Future-Revisions or “Blueprint 2.0” which adjusts the timeline of the original legislation to address the learning loss that occurred as a result of the pandemic. It extends tutoring programs and several other supplemental instruction programs to ensure students are not falling behind.
In the last election, 67.1% of MD residents (67.2% of MoCo) voted to approve sports and events betting for the primary purpose of raising revenue for education. As a result, we passed HB 940 to legalize sports betting. This bill increases funding for education and maximizes the opportunity for minority-owned businesses to take part in the industry.
While it was a very productive session, our work is far from over and I look forward to continuing to fight for you and our families in the remainder of the year. Once again, thank you for putting your trust in me to be your voice in Annapolis. In this extraordinary time for Maryland, my office remains a resource for information, please reach out anytime via email at ariana.kelly@house.state.md.us.
Have a wonderful spring and summer.
Best regards,
Delegate Ariana Kelly