April 20, 2022
Dear Neighbor,
Thank you for the privilege of representing you as your District 16 Delegate to Maryland’s General Assembly. I’m absolutely thrilled with all that we accomplished on behalf of Marylanders this year.
Topping the list is passage of two of my long-standing priorities: establishing a state-sponsored paid family leave insurance program and protecting equitable access to reproductive choices in the state. The General Assembly also passed groundbreaking legislation to address our climate crisis, provided tax relief for families and seniors, and continued our efforts to address inequality and social justice.
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 that help our healthcare workforce. I personally had three overarching legislative goals this session: protecting women’s health, improving care for seniors, and supporting our healthcare workforce. In addition to the paid family and medical leave and abortion access bills, 11 more of my legislative priorities passed.
In recognition of my work and leadership, the Speaker appointed me as the Vice Chair of the Health and Government Operations Committee. It’s an honor to serve Marylanders in this capacity and I look forward to new challenges and opportunities to serve alongside my dear friend, Chairman Joseline Pena-Melnyk.
Here are some highlights of the recently concluded 2022 legislative session.
STATE BUDGET
This year, we worked with the Governor to pass a balanced budget that leaves funding in reserves and restores the rainy day fund that was depleted during the pandemic. Federal pandemic relief funding, fiscal responsibility, and a strong economy in Maryland left us with a surplus to put towards priorities such as retiree tax cuts and increased funding for education and the arts. I am particularly pleased that we increased funding for providers serving vulnerable populations including 1,350 youth on the Autism Waiver waiting list. We also invested over $100 million in childcare to improve facility infrastructure, fund retention and hiring bonuses to attract and secure quality providers and established a grant program for providers who care for students with developmental disabilities. We also fully funded the Blueprint for the Future and secured a long-term funding stream for public education.
PROTECTING WOMEN’S HEALTH
I was so proud to sponsor HB 937, the Abortion Care Access Act, which represents the most comprehensive state action in the nation in response to the Supreme Court’s potential overturn of Roe v. Wade. The legislation solves the critical shortage of abortion providers in the state by removing an outdated physician-only restriction that prevents Advanced Practice Clinicians from providing abortion care. It also invests in clinical training opportunities for reproductive healthcare providers ensuring that Marylanders will have adequate access to care no matter what happens on the national level. The legislation also makes access to care more affordable by prohibiting insurance carriers from charging co-pays and deductibles and also makes Medicaid coverage for abortion care permanent.
The Healthy Babies Equity Act (HB 1080) guarantees prenatal and postpartum care to undocumented pregnant women and automatically enrolls their babies into Maryland Medicaid for the first year of their lives. Maryland can apply for matching federal funding and will likely see fiscal savings due to expected decreases in pregnancy complications and adverse fetal outcomes.
HB 970, which I sponsored, removes barriers to critical care for sexual assault survivors by prohibiting insurance carriers from requiring pre-authorization for post-exposure prophylaxis (PEP) medications to guard against HIV infection.
My legislation, HB 219, expands access to oral hygiene treatments for pregnant women during regular prenatal checkups. Research shows 56% of pregnant women receive no other dental care throughout their pregnancy.
HB 109 improves the newborn screening program by requiring that babies in Maryland be screened for each condition listed in the U.S. Department of Health and Human Services’ Recommended Uniform Screening Panel. More comprehensive screening can help families identify critical conditions and access life-saving treatment for their children more quickly.
SUPPORTING SENIORS
The Retirement Tax Elimination Act (SB 405) is provided for individual seniors 65 and older with up to $100,000 in income, and married couples making up to $150,000. Under this relief, 80% of Maryland retirees will get substantial tax relief or pay no state income taxes at all.
Aging in Place
We know that the majority of seniors wish to age in place and remain at home for as long as possible and I have long sought to reduce the state’s bias towards institutionalized care. Currently, there is an 8-year wait and over 20,000 seniors on the waitlist for services utilizing the Home and Community Based Services Waiver. I am so pleased that this year we finally passed legislation to maximize opportunities for seniors to stay home and receive the help they need with daily tasks. SB 28 requires the Department of Health to maximize the number of slots available and open slots more frequently. I was also proud to sponsor two bills that will support innovative living options for seniors: HB 972 promotes programs that allow seniors to age in place at home with support services and guaranteed placement in assisted living or nursing homes if necessary in the future. HB 1051 establishes an adult day health care service pilot program in Howard and Montgomery Counties. This increases care to our elderly population by providing services under the Maryland Medical Assistance Program.
HB 166/SB 27 – Dementia Services Act of 2022 – establishes a Director of Dementia Services and Brain Health in the Maryland Department of Health to coordinate dementia services in the state and directs the issuance of the State Plan for Alzheimer’s Disease and Related Disorders by September 2022 and to update it every five years.
HB 1073 – Accessibility of Electronic Advance Care Planning Documents – implements the recommendations of a workgroup tasked with increasing the awareness and use of advance care planning documents for end of life care.
To ensure Marylanders can afford insulin, HB 1397 requires insurers that provide coverage for prescription insulin to do so at no more than $30 for a 30 day supply.
HEALTHCARE HEROES WORKFORCE SUPPORTS
As we entered the second year of the COVID pandemic, I gathered healthcare stakeholders to discuss legislative action we could take to address the severe healthcare workforce crisis. I championed five bills as a result of those discussions:
- HB 1208 addresses the critical nursing shortage by establishing a tax credit for nursing education preceptors and creates a certification pathway for 2000+ caregivers who worked in our long-term care facilities during the pandemic on an emergency basis.
- HB 625 establishes a two-year commission to identify our healthcare workforce needs across all health occupations and in all settings including schools and behavioral health facilities; to examine our educational institutions’ capacity to train this workforce, and to study licensure barriers faced by refugees and immigrants with professional healthcare training in other countries.
- HB 218– Health Occupations-Nursing- Dialysis Technicians repeals an unnecessary requirement that a Dialysis Technician must be a Certified Nursing Assistant which will help dialysis centers care for their patients.
- SB 696– establishes a student loan repayment fund for nurses, nurse assistants and other nursing support staff similar to one that already exists for physicians.
- SB 518– Career Pathways for Health Care Workers Program is a $1 million matching grant program to incentivize health care employers to cover costs for training programs for their employees at one of Maryland’s community colleges or HBCU’s. This will allow these workers to increase their skills and earn higher salaries.
GENERAL HEALTHCARE
The End the Wait Act (HB 1403) requires the Department of Health to make a plan to eliminate the waitlists for eight waiver programs that provide the elderly and the disabled with the support they need to live in their communities instead of in large institutional settings.
After years of advocacy, we finally expanded access to basic dental care for approximately 800,000 Marylanders with passage of HB 6 – Dental Coverage for Adults on Medicaid.
HB 97 establishes a workgroup to study the shortage of behavioral health professionals in the State who are Black, Latino, Asian American Pacific Islander, or otherwise underrepresented in the behavioral health profession. The workgroup must also assess and make recommendations on incentives or other methods to increase the number who provide behavioral health services in the State, especially in underserved communities.
I am very pleased by our growing investment in behavioral health supports. HB 48/SB 94 establishes the Maryland Suicide Fatality Review Committee to identify and address the factors contributing to suicide deaths and facilitate systemic changes to prevent suicide death. HB 129 requires that local government crisis teams minimize the role of law enforcement in crisis interactions and that call centers that handle emergency calls develop a written policy for calls involving an individual suffering an active mental health crisis.
And HB 912 requires that health insurance carriers ensure that an out of network mental health of substance use disorder service received is provided at no greater cost to the individual than if the covered benefit were provided by an in-network provider. Given the shortage of behavioral health professionals who participate in insurance, this provision will help Marylanders afford the care they need.
HELPING FAMILIES
Paid Family and Medical Leave
I am thrilled that we finally passed paid family and medical leave legislation, which I have worked on for more than a decade. The Time to Care Act creates a much-needed safety net for people with serious illnesses, caregiving responsibilities, military deployment, or a new baby. This social insurance program covers almost all employees and is modeled after Social Security, Medicare, and Unemployment Insurance. Benefits are provided through an insurance pool that all employers and employees fund and can be accessed for up to 12 weeks of job-protected leave. This frees up employer funds to pay for temporary replacement workers if necessary. Maryland will be the tenth state to enact this family-friendly social safety net program. Decades of research from these states have found these programs that benefit the economy and small businesses, and prevent families from falling into poverty during times of need.
Tax Cuts on Essentials
In late March, we agreed with the Governor to pass HB 1486/SB 1010 saving consumers up to 36 cents per gallon of gas for 30 days through April 16. We also eased financial burdens on families by eliminating the state sales tax on diapers, baby bottles, infant car seats, and other baby-related essentials (HB 282, HB 288), medical products such as blood pressure monitors, diabetic care products such as testing strips and insulin pumps and everyday essentials for oral health care such as toothbrushes and dental floss. (HB 364, HB 1151, HB 492).
Making College More Affordable
By increasing funding to the State’s financial aid programs, HB 734 makes college more affordable for Maryland students. It also improves the State’s need-based grants by allowing the use of a sliding scale when family income status changes during the student’s time in post-secondary education.
ENVIRONMENT AND TRANSPORTATION
Addressing the climate crisis has long been a priority for me and a top one for D16 residents. This year, we passed first in the nation legislation that will make Maryland carbon-free by 2045. The most aggressive climate action of any state, the Climate Solutions Now Act of 2022 (SB 528), requires the state to reduce greenhouse gas emissions through a variety of solutions including electrifying state-owned vehicles, establishing energy conservation requirements for buildings, modernizing our electricity grid, and providing funding for at least one net-zero school in each county.
We also required the state pension system to invest sustainably and consider climate change as an investment risk (HB 740) and established a 3-year electric school bus pilot program (HB 696). HB 1391 extends the tax credit for electric vehicle purchases under $50k while HB 15 reduces the number of invasive plants entering the state and harming native plants The Great Maryland Outdoors Act (SB 541) makes significant investments in Maryland State Parks.
Thanks to the leadership of District 16’s Delegate Sara Love, we passed legislation that bans the use, manufacture or sale of products that contain toxic PFAS chemicals (HB 275), and legislation that will improve our water pollution inspection process and end expired “zombie” permits. D16’s Delegate Marc Korman continued his great work to convert the state’s bus fleet to zero-emission buses with HB 10 which requires the administration to report on the implementation of the transition.
The Vision Zero Implementation Act (HB 254) requires the State Highway Administration (SHA) to conduct a review of each pedestrian or bicyclist fatality that occurs on a State highway or intersection within six months of the accident and publish the review on the SHA website.
HB 778, the Maryland Regional Rail Transformation Act, requires the Transit Authority (MTA) to advance service operation plans for projects including a third track on the Brunswick line from Rockville to Germantown and expansion of Penn line service south to Alexandria and north to Newark, Delaware. This bill allows the MTA to leverage the federal funding coming to the state from the federal infrastructure legislation.
Animal Protection
Maryland’s cats are protected from declawing by the passage of HB 22 and Delegate Love’s HB 52 bans the sale of products and parts from endangered species such as elephants, hippos, and giraffes. HB 1062 allows officials to require the owner of an animal that has been seized due to cruelty to pay for the costs of caring for the animal.
PUBLIC SAFETY/SOCIAL JUSTICE
Gun Safety
HB 425/SB 387 – Sponsored in the Senate by D16’s Senator Susan Lee, this legislation bans unregistered, untraceable ‘ghost guns’ and creates a plan for a system to register guns that can be sold in kits of loose parts and do not have a serial number, therefore, making it easier for law enforcement to trace guns used in illegal activity. HB 1021 increases safety at licensed firearms dealerships by requiring security features such as video cameras, burglary systems, and safes. Senate Bill 861 establishes and funds the Maryland State Police Gun Center with the responsibility for statewide tracking, screening, and vetting of all firearm crimes committed in the State.
Protecting Minors
Building on the police reform efforts we enacted in 2021, we passed several bills to address how minors interact with the judicial system. The Child Interrogation Protection Act (SB 53) protects minors from self-incrimination by allowing minors to consult with an attorney and contact a legal guardian before a police interrogation. SB 691 implements the recommendations of the Juvenile Justice Reform Council and limits the circumstances under which a child under 13 will be subject to charges in juvenile court. It also places limits on terms of probation, the use of detention, and out-of-home placements.
Legalizing Adult Use of Cannabis
HB 1 – Legal Cannabis Constitutional Amendment – puts a referendum on the 2022 General Election ballot for Marylanders to decide whether to allow individuals 21 or older to use and possess cannabis. HB 837 – addresses criminal justice and public health issues facing legalization while building the necessary foundation to create social equity in the recreational cannabis industry. It allows Marylanders to possess up to 1.5 ounces of recreational cannabis without penalty and automatically expunges the conviction of anyone previously found guilty of simple possession of marijuana. HB 837 goes into effect if voters pass the referendum.
CYBERSECURITY
In response to the cyberattack on state government agencies in December, we passed a package of bills to strengthen our defenses against these attacks. HB 1202 – Local Cybersecurity Support Act of 2022 – will assist local governments to be prepared for and responding to security hacks and other incidents. HB 1205 – Modernize Maryland Act of 2022 creates an oversight commission of experts and a grant program for local governments to assess their cyberinfrastructure and requires an audit of state cybersecurity infrastructure at least every three years. HB 1346 – Improving State Cybersecurity centralizes state cybersecurity operations under the Department of Information Technology. It also establishes a special unit to coordinate local efforts and support services to improve local, regional, and statewide cyber security readiness and response.
VOTING RIGHTS
SB 158 – Protecting voting rights – This emergency legislation requires the State Board of Elections and local boards of elections to provide at least the same number of in-person precinct polling locations as in the 2018 election, ensuring that Maryland will continue to be a leader and ensure equal access to the ballot and expand voting opportunities. SB 163 establishes a clear process to cure mail-in ballots if a voter forgets to sign the ballot and creates clear timelines to process ballots.
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 for the remainder of the year. Once again, thank you for putting your trust in me to be your voice in Annapolis. During the interim, please reach out anytime via email at ariana.kelly@house.state.md.us.
Have a wonderful spring and summer.
Delegate Ariana Kelly
senatorarianakelly.com 