MAJ Legislative Update - April 2016

Dear Members:

 

I am pleased to report that the Maryland General Assembly passed the following legislation, which is all headed to Governor Hogan's desk for his signature (as of the time of this writing, no vetoes are anticipated):

 

• Copies of Medical Records - Fees (HB 724 / SB 462): This bill caps the cost of obtaining electronic medical records in an electronic format from any health care provider in Maryland at $80 plus a processing fee.

• County Boards of Education - Limit on Liability (SB 575): This bill increases the hard cap applicable to claims against County Boards of Education from $100,000 per occurrence to $400,000 per occurrence.

• First Party Bad Faith - Individual Disability Policies (HB 990): This bill expands the current "first party bad faith" process in the Maryland Insurance Administration to cover individual disability insurance policies (group disability policies are covered by ERISA and therefore pre-empted from state regulation).

• STCA and LGTCA - Statute of Limitations and Notice Requirements (SB 356): This bill eliminates the notice requirement and the strict three-year statute of limitations for minor claimants under the STCA and LGTCA.

• STCA and LGTCA - Certain Claim Requirements - Exception (HB 636 and 637 / SB 934 and 935): These bills eliminate the notice requirement in cases where, within one year of injury, the governmental defendant has actual or constructive notice of the claimant's injury, or the relevant defect or circumstances giving rise to the claimant's injury.

• Structured Settlements - Transfers and Registration of Transferees (HB 535 / SB 734): This bill amends the Maryland Structured Settlement Protection Act, creating greater protections against the exploitation of individuals with structured settlements.

 

Many other legislative proposals that would limit or impair the civil justice system were killed through our efforts, while other legislative proposals that MAJ championed fell short.

 

• Enhanced Uninsured Motorist Coverage (HB 667 and 1172 / SB 553): This bill would have allowed Marylanders to purchase "stacking" UIM coverage to protect themselves and their families.

• Catastrophic Cap (HB 869 / SB 574): For the third year in a row, MAJ advocated in favor of a fairer cap on non-economic damages, and we are encouraged by the reception that this legislation is getting in key committees.  Much more work remains to be done.

• Maryland No-Fault Birth Injury Fund (HB 377 / SB 513): For the eighth time in 12 years, this legislative proposal again failed to garner a favorable committee vote.

• Medical Malpractice Tort Reform (HB 606 / SB 565, 566 and 636): MAJ defeated all of these bills, which would have made it more difficult for the victims of malpractice to get justice in our courts.

 

In all, your MAJ Legislative Committee participated in about 150 hearings concerning 90 bills - and monitored the status of more than 100 other bills - during the 2016 Legislative Session.

 

A further update will be provided at the MAJ Annual Meeting on April 20 - sign up!

Thank you for everything you do to support MAJ.

Sincerely,
 

 

George S. Tolley III, 

Chair, MAJ Legislative Committee 

Dugan, Babij, Tolley & Kohler, LLC