2016 SB 926

2016- SENATE BILL 926

Maryland 2016 Session

WE OPPOSE HB 399

&

Its Companion Bill SB 926

***

HB 399

Introduced By

Delegates Afzali & Young

&

SB 926

Introduced By

Senator Young

(Delegate Young's Husband)

This bill, originally written for Virginia in 2013,

Failed to Accomplish Its Goals.

As A Result, Another Bill Was Introduced in Virginia (2016)

By The Same People (NatCap Lyme)

In An Attempt To Try To "Fix" Their Original Faulty Bill.

That Bill Is Currently Pending

And Is Not Expected to Pass

Virginia HB 962

UPDATE

HB 962 was poorly written, ill-timed and

Put in motion by those who don't know what they are doing.

Thankfully it did not pass.

MedChi (Maryland Doctors- 7,000 plus members) Opposes the Bills

http://www.medchi.org/Portals/18/files/Law%20&%20Advocacy/Testimony%20&%20Positions/2016%20Legislative%20Files/HB0399.pdf

By: Senator Young

Update- March 28, 2016

Maryland Lyme patients LOST their shirts again thanks to NatCapLyme and the Senate Bill Sponsor, Senator Young, who happens to be married to one of the two House bill sponsors of the Lyme bill, Delegate Young. (A reminder of NASCAR's Joey Logano who said about Kevin Harvick- "It's probably not his fault. His wife wears the firesuit in the family and tells him what to do.")

As predicted, this unnecessary and undesirable bill was changed from its original language with amendments supporting the "other side". It was nearly totally gutted and rewritten- see below- something we haven't seen done to a Lyme bill since 2004. (It would have been easier to just let Hopkins and IDSA have a blank bill to fill out for themselves.)

Added to this bill was an even more dangerous provision allowing the Maryland Department of Health and Mental Hygiene (aka Hopkins, CDC, IDSA) to make any changes they want to the regulation at any time. (And zippity do dah said the fox as he was given the keys to the hen house.)

"IF THE DEPARTMENT FINDS SIGNIFICANT DIFFERENCES BETWEEN THE CONTENT OF THE NOTICE REQUIRED BY SUBSECTION (A) OF THIS SECTION AND CURRENT MEDICAL EVIDENCE ON LYME DISEASE TESTING, THE DEPARTMENT MAY ADOPT REGULATIONS THAT CHANGE THE CONTENT OF THE NOTICE."

As for your rights, there was another lame compromise- in other words, you lost again. A compromise is perhaps necessary in other situations, but not when your life and the life of your children are at stake. There wouldn't have to be a compromise if the bill had never been introduced and supported/pushed by NatCap Lyme in the first place.

“(D) THE PROVISION BY A HEALTH CARE PROVIDER OR MEDICAL LABORATORY OF THE NOTICE REQUIRED BY SUBSECTION (A) OF THIS SECTION MAY NOT BE THE SOLE BASIS FOR A CAUSE OF ACTION.”.

This makes it difficult, if not impossible, for residents to seek legal recourse in the event they are harmed by bad doctors. Lyme bills should NOT take away the rights of the people. This one does.

Bottom line- Introducing and supporting a bill by misrepresenting yourself, being sneaky, conniving, underhanded and non-transparent with the people who will be affected by it, and then lying to and disrespecting those people and others to try to get it passed is just an ugly and yes, stupid and self-promoting thing to do.

Link to Amended Version

UNDERLINES INDICATE ADDITIONS TO THE ORIGINAL BILL

CROSS OUTS INDICATE LANGUAGE WAS REMOVED FROM BILL.

SENATE BILL 926

By: Senator Young Senators Young, Astle, Benson, Feldman, Hershey, Jennings, Kelley, Klausmeier, Mathias, Middleton, Pugh, and Reilly Introduced and read first time: February 5, 2016 Assigned to: Finance Committee Report: Favorable with amendments Senate action: Adopted Read second time: March 25, 2016

AN ACT concerning Lyme Disease – Laboratory Test – Required Notice

FOR the purpose of requiring certain health care providers and certain medical laboratories to provide a certain notice to a patient for whom the health care provider or the medical laboratory orders performs a laboratory test for the presence of Lyme disease; providing immunity from liability, under certain circumstances, for certain health care providers for providing the notice; authorizing the Department of Health and Mental Hygiene to adopt certain regulations under certain circumstances; requiring the Department to provide certain written notice to certain committees of the General Assembly before submitting certain regulations for publication in the Maryland Register; prohibiting the provision of a certain notice from being the sole basis for a cause of action; and generally relating to laboratory tests for Lyme disease.

Article – Health – General

Section 20–1701 to be under the new subtitle “Subtitle 17. Lyme Disease Information”

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,

That the Laws of Maryland read as follows:

Article – Health – General SUBTITLE 17. LYME DISEASE INFORMATION.

(A) A HEALTH CARE PROVIDER LICENSED IN THE STATE SHALL PROVIDE


THE FOLLOWING NOTICE TO EACH PATIENT FOR WHOM THE HEALTH CARE


PROVIDER ORDERS A LABORATORY TEST FOR THE PRESENCE OF LYME DISEASE


WHO DRAWS THE BLOOD OF A PATIENT TO PERFORM A LABORATORY TEST FOR LYME

DISEASE OR A MEDICAL LABORATORY, AS DEFINED IN § 17–201 OF THIS ARTICLE,

THAT PERFORMS A LABORATORY TEST FOR THE PRESENCE OF LYME DISEASE SHALL

PROVIDE THE FOLLOWING WRITTEN NOTICE TO THE PATIENT AT THE TIME THE

PATIENT’S BLOOD IS DRAWN:

“YOUR HEALTH CARE PROVIDER HAS ORDERED A LABORATORY TEST FOR THE

PRESENCE OF LYME DISEASE FOR YOU. CURRENT LABORATORY TESTING FOR LYME

DISEASE CAN BE PROBLEMATIC AND STANDARD LABORATORY TESTS OFTEN RESULT

IN FALSE NEGATIVE AND FALSE POSITIVE RESULTS AND, IF DONE TOO EARLY, YOU

MAY NOT HAVE PRODUCED ENOUGH ANTIBODIES TO BE CONSIDERED POSITIVE

BECAUSE YOUR IMMUNE RESPONSE REQUIRES TIME TO DEVELOP ANTIBODIES. IF

YOU ARE TESTED FOR LYME DISEASE AND THE RESULTS ARE NEGATIVE, THIS DOES

NOT NECESSARILY MEAN YOU DO NOT HAVE LYME DISEASE. IF YOU CONTINUE TO

EXPERIENCE UNEXPLAINED SYMPTOMS, YOU SHOULD CONTACT YOUR HEALTH CARE

PROVIDER AND INQUIRE ABOUT THE APPROPRIATENESS OF RETESTING OR INITIAL

OR ADDITIONAL TREATMENT.”.

(B) IF THE DEPARTMENT FINDS SIGNIFICANT DIFFERENCES BETWEEN THE

CONTENT OF THE NOTICE REQUIRED BY SUBSECTION (A) OF THIS SECTION AND

CURRENT MEDICAL EVIDENCE ON LYME DISEASE TESTING, THE DEPARTMENT MAY

ADOPT REGULATIONS THAT CHANGE THE CONTENT OF THE NOTICE.

(C) THE DEPARTMENT SHALL PROVIDE WRITTEN NOTICE TO THE SENATE

FINANCE COMMITTEE AND THE HOUSE HEALTH AND GOVERNMENT OPERATIONS

COMMITTEE BEFORE SUBMITTING ANY PROPOSED REGULATION UNDER

SUBSECTION (B) OF THIS SECTION TO THE MARYLAND REGISTER FOR

PUBLICATION.

(B) A HEALTH CARE PROVIDER WHO PROVIDES THE NOTICE REQUIRED BY


SUBSECTION (A) OF THIS SECTION SHALL BE IMMUNE FROM CIVIL LIABILITY FOR


PROVIDING THE NOTICE UNLESS THE HEALTH CARE PROVIDER ACTS WITH GROSS


NEGLIGENCE OR WILLFUL MISCONDUCT.

(D) THE PROVISION BY A HEALTH CARE PROVIDER OR MEDICAL

LABORATORY OF THE NOTICE REQUIRED BY SUBSECTION (A) OF THIS SECTION MAY

NOT BE THE SOLE BASIS FOR A CAUSE OF ACTION.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect October 1, 2016.

UPDATE- February 12, 2016- Med-Chi (Maryland State Medical Society) is on record OPPOSING this bill. Click Here.

Oppose SB 926- Some of the Reasons To Oppose SB 926

The Attempt to "Fix-It" Bill in Virginia- Will Maryland be next if this bill passes?

Our Testimony- OPPOSE SB 926

Oppose Bill And They Hang Up On You?

` ` ` ` ` ` ` ` ` ` ` ` ` ` ` ` ` ` ` ` ` ` ` ` `

PAUSE HERE FOR QUESTIONS- You have to ask yourself why someone would come to Maryland and push a bill that they know has failed miserably in Virginia where it originated and needs further legislative actions to try to fix it? And why would they not mention any of these actions or plans to Maryland doctors, Lyme patients or support groups? Or mention it on their own website where all other legislative actions are announced with great fan fare?

Quote from NatCap Lyme- "Here is why HB 962 is important: In 2013 Lyme patients helped to pass a Virginia law that requires medical professionals who order a Lyme test to disclose in writing, that these tests are known to be problematic and can produce false negatives. NatCapLyme has learned that many health care providers are not following this law."

Link Here- https://www.votervoice.net/NATCAPLYME/campaigns/44073/respond

Bill to try to correct the situation (2016)- https://lis.virginia.gov/cgi-bin/legp604.exe?161+sum+HB962

BILL INFO

A BILL ENTITLED

AN ACT concerning

Lyme Disease – Laboratory Test – Required Notice

FOR the purpose of requiring certain health care providers to provide a certain notice to a patient for whom the health care provider orders a laboratory test for the presence of Lyme disease; providing immunity from liability, under certain circumstances, for certain health care providers for providing the notice; and generally relating to laboratory tests for Lyme disease.

BY adding to

Article – Health – General

Section 20–1701 to be under the new subtitle “Subtitle 17. Lyme Disease

Information” Annotated Code of Maryland (2015 Replacement Volume)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, That the Laws of Maryland read as follows:

Article – Health – General SUBTITLE 17. LYME DISEASE INFORMATION.

20–1701.

“YOUR HEALTH CARE PROVIDER HAS ORDERED A LABORATORY TEST FOR THE PRESENCE OF LYME DISEASE FOR YOU. CURRENT LABORATORY TESTING FOR LYME

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW. [Brackets] indicate matter deleted from existing law.

A HEALTH CARE PROVIDER LICENSED IN THE STATE SHALL PROVIDE

(A)

THE FOLLOWING NOTICE TO EACH PATIENT FOR WHOM THE HEALTH CARE PROVIDER ORDERS A LABORATORY TEST FOR THE PRESENCE OF LYME DISEASE:

*sb0926*

2 SENATE BILL 926

    • 1 DISEASE CAN BE PROBLEMATIC AND STANDARD LABORATORY TESTS OFTEN RESULT
    • 2 IN FALSE NEGATIVE AND FALSE POSITIVE RESULTS AND, IF DONE TOO EARLY, YOU
    • 3 MAY NOT HAVE PRODUCED ENOUGH ANTIBODIES TO BE CONSIDERED POSITIVE
    • 4 BECAUSE YOUR IMMUNE RESPONSE REQUIRES TIME TO DEVELOP ANTIBODIES. IF
    • 5 YOU ARE TESTED FOR LYME DISEASE AND THE RESULTS ARE NEGATIVE, THIS DOES
    • 6 NOT NECESSARILY MEAN YOU DO NOT HAVE LYME DISEASE. IF YOU CONTINUE TO
    • 7 EXPERIENCE UNEXPLAINED SYMPTOMS, YOU SHOULD CONTACT YOUR HEALTH CARE
    • 8 PROVIDER AND INQUIRE ABOUT THE APPROPRIATENESS OF RETESTING OR
    • 9 ADDITIONAL TREATMENT.”.
    • 10 (B) A HEALTH CARE PROVIDER WHO PROVIDES THE NOTICE REQUIRED BY
    • 11 SUBSECTION (A) OF THIS SECTION SHALL BE IMMUNE FROM CIVIL LIABILITY FOR
    • 12 PROVIDING THE NOTICE UNLESS THE HEALTH CARE PROVIDER ACTS WITH GROSS
    • 13 NEGLIGENCE OR WILLFUL MISCONDUCT.
    • 14 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
    • 15 October 1, 2016.

Text Link Here- http://mgaleg.maryland.gov/2016RS/bills/sb/sb0926F.pdf

SUMMARY

Entitled:

Lyme Disease - Laboratory Test - Required Notice

Sponsored by:

Senator Young

Status:

In the Senate - First Reading Finance

Summary

Documents

History

Synopsis: Requiring specified health care providers to provide a specified notice to a patient for whom the health care provider orders a laboratory test for the presence of Lyme disease; and providing immunity from liability, under specified circumstances, for specified health care providers for providing the notice.

Analysis: Not available at this time

All Sponsors: Senator Young

Additional Facts: Cross-filed with: HB0399

Bill File Type: Regular

Effective Date(s): October 1, 2016

Committee(s):

Finance

Broad Subject(s): Public Health

Health Occupations

Narrow Subject(s): Chemical Tests

Diseases -see also- AIDS; Rabies

Health -see also- Mental Health

Health Occupations -see also- specific health occupations

Laboratories

Liability -see also- Good Samaritan

Negligence -see also- Medical Malpractice

Notices

Patients

Physicians -see also- Dentists; Med Exmnrs; Psych; etc

Statutes: Article - Health - General

(20-1701)

Link Here- http://mgaleg.maryland.gov/webmga/frmMain.aspx?pid=billpage&tab=subject3&id=sb0926&stab=01&ys=2016RS

Signed By The Governor With This Wording

Chapter 450

( Senate Bill 926 )

AN ACT concerning

Lyme Disease

Laboratory Test

Required Notice

FOR the purpose of requiring certain health care providers

and certain medical

laboratories

to provide a certain notice to a patient for whom the health care provider

or the

medical laboratory

orders

performs

a laboratory test for the presence of Lyme

disease;;

providing immunity from liability,, under certain circumstances,, for certai

n

health care providers for providing the notice;;

authorizing the Department of Health

and Mental Hygiene to adopt certain regulations under certain circumstances;;

requiring the Department to provide certain written notice to certain committees of

the Gene

ral Assembly before submitting certain regulations for publication in the

Maryland Register;; prohibiting the provision of a certain notice from being the sole

basis for a cause of action;;

and generally relating to laboratory tests for Lyme

disease..

BY

adding to

Article

Health

General

Section 20

1701 to be under the new subtitle “SSubtitle 17.. Lyme Disease

Information””

Annotated Code of Maryland

(22015 Replacement Volume))

SECTION 1.. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,,

That the Laws

of Maryland read as follows::

Article

Health

General

S

UBTITLE

17..

L

YME

D

ISEASE

I

NFORMATION

.

20

1701..

(

A

)

A

HEALTH CARE PROVIDER

LICENSED IN THE

S

TATE

SHALL PROVIDE

THE FOLLOWING NOTICE

TO EACH PATIENT FOR

WHOM THE HEALTH CARE

PROVIDER ORDERS A LA

BO

RATORY TEST FOR THE

PRESENCE OF

L

YME DISEASE

WHO DRAWS THE BLOOD

OF A PATIENT TO PERF

ORM A LABORATORY TES

T FOR

L

YME

DISEASE OR A MEDICAL

LABORATORY

,

AS DEFINED IN

§

17

201

OF THIS ARTICLE

,

THAT PERFORMS A LABO

RATORY TEST FOR THE

PRESENCE OF

L

YME DISEASE

SHALL

PROVIDE THE FOLLOWIN

G WRITTEN NOTICE TO

THE PATIENT AT THE T

IME THE

PATIENT

S BLOOD IS DRAWN

:

“YY

OUR HEALTH CARE PROV

IDER HAS ORDERED A L

ABORATORY TEST FOR T

HE

PRESENCE OF

L

YME DISEASE FOR YOU

.

C

URRENT LABORATORY TE

STING FOR

L

YME

DISEASE CAN BE PROB

LEMATIC AND STANDARD

LABORATORY TESTS OFT

EN RESULT

IN FALSE NEGATIVE AN

D FALSE POSITIVE RES

ULTS AND

,

IF DONE TOO EARLY

,

YOU

MAY NOT HAVE PRODUCE

D ENOUGH ANTIBODIES

TO BE CONSIDERED POS

ITIVE

BECAUSE YOUR IMMUNE

RESPONSE REQUIRES TI

ME TO DEVELOP ANTIBO

DIES

.

I

F

YOU ARE TESTED FOR

L

YME DISEASE AND THE

RESULTS ARE NEGATIVE

,

THIS DOES

NOT NECESSARILY MEAN

YOU DO NOT HAVE

L

YME DISEASE

.

I

F YOU CONTINUE TO

EXPERIENCE UNEXPLAIN

ED SYMPTOMS

,

YOU SHOULD CONTACT Y

OUR HEALTH CARE

PROVIDER AND INQUIRE

ABOUT THE APPROPRIAT

E

NESS OF RETESTING OR

INITIAL

OR

ADDITIONAL TREATMENT

.””..

(

B

)

I

F THE

D

EPARTMENT FINDS SIGN

IFICANT DIFFERENCES

BETWEEN THE

CONTENT OF THE NOTIC

E REQUIRED BY SUBSEC

TION

(

A

)

OF THIS SECTION AND

CURRENT MEDICAL EVID

ENCE ON

L

YME DISEASE TESTING

,

THE

D

EPARTMENT

MAY

ADOPT REGULATIONS TH

AT CHANGE THE CONTEN

T OF THE NOTICE

.

(

C

)

T

HE

D

EPARTMENT SHALL PROV

IDE WRITTEN NOTICE T

O THE

S

ENATE

F

INANCE

C

OMMITTEE AND THE

H

OUSE

H

EALTH AND

G

OVERNMENT

O

PERATIONS

C

OMMITTEE BEFORE SUBM

ITTING ANY PROPOSED

REGULATION UNDER

SUBSECTI

ON

(

B

)

OF THIS SECTION TO T

HE

M

ARYLAND

R

EGISTER FOR

PUBLICATION

.

(

B

)

A

HEALTH CARE PROVIDER

WHO PROVIDES THE NOT

ICE REQUIRED BY

SUBSECTION

(

A

)

OF THIS SECTION SHAL

L BE IMMUNE FROM CIV

IL LIABILITY FOR

PROVIDING THE NOTICE

UNLESS THE HEALTH CA

RE PROVIDER

ACTS WITH GROSS

NEGLIGENCE OR WILLFU

L MISCONDUCT

.

(

D

)

T

HE PROVISION BY A HE

ALTH CARE PROVIDER O

R MEDICAL

LABORATORY OF THE NO

TICE REQUIRED BY SUB

SECTION

(

A

)

OF THIS SECTION MAY

NOT BE THE SOLE BASI

S FOR A CAUSE OF ACT

ION

.

SECTION 2.. AND BE IT FURTHER

ENACTED,, That this Act shall take effect

October 1,, 2016..

Approved by the Governor,, May 10,, 2016..