May 21, 2024
Thank you to the many coalition partners, legislators, and community members who advocated alongside us for economic justice and racial equity in the 2024 General Assembly! Together we achieved several victories and set the stage for future advocacy. Among this year’s accomplishments are laws that will:
- Empower tenants to hold landlords accountable for conditions of disrepair that threaten their life, health or safety;
- Direct eviction prevention funds to families whose children are enrolled in community schools;
- Require home care agencies to correctly classify their Medicaid-funded home care workers as employees – rather than misclassify them as independent contractors – in order to receive Medicaid reimbursement for the care;
- Require most Medicaid-funded home care agencies to report to the state the average, highest, and lowest wage rates that they are paying workers;
- Require employers to include basic information about hours worked, pay rates, pay period dates, deductions, and other basic information on employees’ paystubs;
- Restore the jurisdiction of appellate courts to review findings of no probable cause in discrimination claims filed with the Maryland Commission on Civil Rights;
- Provide financial assistance to promote homeownership in historically redlined communities;
- Plug gaps in Maryland’s anti-discrimination laws;
- Provide supports for students with behavioral challenges in Prince George’s County Public Schools;
- Provide grants to local behavioral health authorities to reimburse behavioral health providers for language assistance services for children with limited English proficiency and their parents or legal guardians;
- Expand access to healthcare for undocumented immigrants; and
- Improve maternal healthcare in Maryland.
Read on to learn about these victories, successful efforts to defeat harmful bills, as well as legislation we’ll be bringing back in future years.
Human Right to Housing
Workplace Justice
Race Equity and Civil Rights
Health and Benefits Equity
Education Stability
Human Right to Housing
The PJC’s Human Right to Housing Project stands with tenants to protect and expand their rights to safe, habitable, affordable, and non-discriminatory housing and their rights to fair treatment by Maryland’s landlord-tenant laws, courts, and agencies. As a member of the Renters United Maryland coalition’s steering committee, we successfully advocated for bills in the 2024 General Assembly that will empower tenants to hold landlords accountable for conditions of disrepair that threaten their life, health or safety and direct eviction prevention funds to families whose children are enrolled in community schools. We also worked on bills that would have enabled counties to pass “good cause eviction” laws, as well as provided renting families notice of a scheduled eviction date and a limited opportunity to reclaim their belongings after eviction.
Legislative priorities with Renters United Maryland
The Tenant Safety Act (SB 946 / HB 1117)
The passage of the Tenant Safety Act will empower tenants to hold landlords accountable for conditions of disrepair that threaten their life, health, or safety. The bill clarifies that tenants in the same building with similar defects may join together in one case. It lowers the initial barrier for tenants to access a rent escrow proceeding in which renters pay their rent into escrow with the court, normally at a reduced amount, until the landlord makes repairs. The bill clarifies that landlords have a duty to keep their properties habitable and provides tenants the right to file a complaint for damages when the landlord fails to maintain housing that is free from defects that endanger the life, health or safety of occupants. The Tenant Safety Act levels the playing field and incentivizes attorneys to represent tenants in habitability cases by requiring the landlord to pay the tenant’s attorney’s fees when the tenant wins the case. Thank you to bill sponsors Del. Vaughn Stewart and Sen. Ariana Kelly, Committee Chairs Del. Marc Korman and Sen. Will Smith, and Speaker Adrienne Jones and Senate President Bill Ferguson. In addition to our partners in Renters United Maryland, we thank the Enclave Tenants Association for organizing to push the Tenant Safety Act over the finish line. And we thank Governor Wes Moore for signing the bill.
Eviction Prevention Funds for Community School Families (SB 370 / HB 428)
The passage of SB 370 / HB 428 creates a program that directs eviction prevention funds to families whose children are enrolled in community schools. Located throughout Maryland, community schools provide support for families by coordinating wraparound services like transportation, healthcare, counseling, and healthy food. Eviction prevention funds targeted to families with children in community schools help those families avoid eviction and keep their children from losing access to wraparound services. This legislation implements many of the findings of a recent report by Stout Risius Ross that highlights how eviction prevention intersects with education, health care, foster care, and employment – showing that providing eviction prevention funds actually saves the State money over time by reducing safety net costs and increasing revenue. The program is funded with $5 million for FY25, and the General Assembly allocated an additional $5 million for more general eviction prevention funds. The Maryland Department of Housing and Community Development will administer the program with outreach support from community school coordinators. Special thanks to bill sponsors Sen. Shelly Hettleman and Del. Vaughn Stewart; Committee Chairs Del. Ben Barnes, Del. Vanessa Atterbeary, Del. Marc Korman, Sen. Guy Guzzone, and Sen. Brian Feldman; and Speaker Adrienne Jones and Senate President Bil Ferguson, as well as the Department of Housing and Community Development. In addition to Renters United Maryland, we thank all of the members of the Maryland Eviction Prevention Funds Alliance, Advance Maryland, Stout Risius Ross, the Maryland Center on Economic Policy, Abell Foundation, Annie E. Casey Foundation, and United Way of Central Maryland. And finally, we thank Governor Wes Moore for signing this important legislation.
Enabling local jurisdictions to pass “good cause eviction” laws (HB 477 / SB 644)
HB 477 / SB 644 would have allowed Maryland counties and Baltimore City to pass local legislation requiring any landlord who owns six or more units to provide tenants with a “good cause” for why the landlord is terminating their tenancy. Maryland is only one of six states that denies counties the right to pass good cause eviction laws. Good cause eviction laws have been shown to increase housing stability and reduce landlord retaliation and discrimination against tenants who organize to protect their homes. HB 477 / SB 644 passed the House of Delegates but died in the Senate. We thank bill sponsors Del. Jheanelle Wilkins and Sen. Anthony Muse, as well as Committee Chair Del. Marc Korman and Speaker Adrienne Jones, for their support. As priority legislation for Renters United Maryland, we will continue to advocate for this bill next year.
The Tenant Possessions Recovery Act (HB 1114 / SB 992)
The Tenant Possessions Recovery Act would have aligned Maryland with 46 other states that provide renting families notice of a scheduled eviction date and/or a limited opportunity to reclaim their belongings after eviction. Right now, when a tenant is evicted, they lose not only their home, but they also often lose their birth certificates, medications, family photos, and other critical possessions. Families need notice of the eviction and a period of at least 10 days to reclaim possessions. Unfortunately, the bill did not receive a vote in either chamber of the General Assembly. Thanks to bill sponsors Del. Jennifer Terrasa and Sen. Joanne Benson, tenant Sharnae Hunt, the Youth Action Board, and all of the bill’s supporters.
Additional housing legislation
In addition to our work with Renters United Maryland, the PJC’s Human Right to Housing team played an important role in supporting the following bills with testimony, providing critical information to the committees assigned to each bill, and negotiating with the opposition:
Shielding court records in failure to pay rent proceedings (SB 19 / HB 181)
Landlords frequently file failure to pay rent cases, but courts sometimes dismiss them and the tenant is not evicted. Nevertheless, these rent court actions may appear on tenants’ credit and other rental history records, which make it more difficult for them to rent at other properties. The passage of SB 19 / HB 181 will require the District Court to shield any court record from a failure to pay rent proceeding within sixty days if a judgment for possession is not awarded to the landlord. Moreover, it allows a tenant to petition for the shielding of a failure to pay rent action when a tenant redeems possession of the property (i.e. the tenant pays the rent that is due and stays in their home). This shielding law will help ensure that these routine case filings do not harm tenants’ ability to rent a home in the future. Thank you to bill sponsors Sen. Charles Sydnor and Del. Terri Hill for their advocacy for this bill. The Governor has signed SB 19 / HB 181.
Requiring landlords to notify the Office of Home Energy Programs when utilities are included in the rent (SB 171 / HB 139)
SB 171 / HB 139 will require larger landlords who have included utilities in the rent to provide documentation to the Office of Home Energy Programs (OHEP) for tenants to apply for utility assistance from OHEP. Thanks to bill sponsors Sen. Malcolm Augustine and Del. Lorig Charkoudian. The Governor has signed the bill.
Governor Moore’s Renters’ Rights and Stabilization Act of 2024 (HB 693 / SB 481)
The Renters’ Rights and Stabilization Act establishes a number of provisions to protect tenants and keep them in their homes. The passage of the legislation:
- Limits security deposits to one month of rent (in most cases).
- Creates a uniform bad weather standard where evictions cannot take place.
- Creates the Office of Tenant and Landlord Affairs in the Department of Housing and Community Development.
- Increases the complaint filing surcharge in civil cases in the District and Circuit courts, including when landlords file for eviction. In spite of our advocacy, the bill was amended in the Senate to provide that landlords may pass this increased fee onto tenants in rent cases by deducting it from their security deposits. The revenue from this increase will fund legal services for low-income Maryland residents, vouchers for very low-income residents, and eviction prevention funds.
- Establishes a tenant’s right of first refusal prior to the sale of certain residential rental properties.
Thank you to the Maryland Access to Justice Commission and fellow legal services organizations for their advocacy on this bill.
Maryland Fair Chance in Housing Act (HB 964 / SB 635)
HB 964 / SB 635 would have limited the circumstances under which a landlord may reject a tenant’s application to lease for prior criminal history. Unfortunately, the bill did not receive a vote in either chamber. Thank you to bill sponsors Del. Adrian Boafo and Sen. Chris West.
Allowing the recording of fair housing testing calls (SB 57)
SB 57 would have allowed fair housing testing organizations to record the audio of phone calls and other fair housing tests, which is allowed in the vast majority of states. Fair housing tests are conducted to determine if landlords and home sellers are discriminating against potential tenants and buyers. The bill passed the Senate but died in the House of Delegates. Thank you to bill sponsor Sen. Charles Sydnor.
The PJC’s Human Right to Housing team advocating for these bills included attorneys Matt Hill, Elizabeth Ashford, Samantha Gowing, Ronnie Reno, and Albert Turner, and paralegals Angelea Aldana Dwyer, Nadrat Amos, Brendan Byrne, and Carolina Paul.
Workplace Justice
The PJC’s Workplace Justice Project promotes justice and equity in the workplace. In this year’s legislative session, we successfully advocated for bills that will improve job quality for Maryland’s home care workers, require employers to include basic information on paystubs, and establish a way for workers to file a complaint with the state when employers retaliate against them for complaining about unpaid wages. We also advocated for bills to ensure more predictable work schedules, establish a corporate form for worker cooperatives, and provide other protections to Maryland’s workers.
Home Care Worker Rights Act (HB 39 / SB 197)
The passage of the Home Care Worker Rights Act will require that for all home care funded by certain Medicaid programs, home care agencies must correctly classify their home care workers as employees – rather than misclassify them as independent contractors – in order to receive Medicaid reimbursement for the care. Independent contractor misclassification denies workers full pay and basic labor protections and excludes them from the social safety net. Shamefully, even though so much home care work is publicly funded, misclassification is common in home care. This bill will prevent the problem before it occurs for the approximately 20,000 home care workers providing care under the Medicaid programs the bill covers. It will extend rights and protections to thousands of these low-wage workers, predominantly Black women, including workers’ compensation, unemployment insurance, sick and safe leave, full pay for all hours worked, and reduced tax burdens. In addition, the bill helps lay the groundwork to improve all Medicaid-funded home care workers’ wages by ensuring that all such home care agencies have comparable expenses and compete on the same level playing field. The Home Care Worker Rights Act takes effect on January 1, 2026, to give home care agencies more than enough time to transition to a W-2 employment model if they are still illegally misclassifying workers. This consequential bill is the culmination of many years of work by a broad coalition of advocates, including 1199SEIU, the National Domestic Workers Alliance, AARP Maryland, Disability Rights Maryland, and many others. Thank you to all our allies, bill sponsors Del. Robbyn Lewis and Sen. Arthur Ellis, and Committee Chairs Sen. Pamela Beidle and Del. Joseline Peña-Melnyk. PJC attorney David Rodwin advocated for this bill, which the Governor has signed.
Home Care Workers Employment Act (HB 189 / SB 371)
The passage of HB 189 / SB 371 will require most Medicaid-funded home care agencies to report to the state the average, highest, and lowest wage rates that they are paying workers. This is a critically important step toward building support to set a higher wage floor for these workers since so much of Maryland’s home care is funded by Medicaid. The bill also requires the Maryland Department of Health to report back to the legislature about its progress operationalizing a new rule from the Centers for Medicare and Medicaid Services that imposes various requirements all aimed at improving the quality of Medicaid-funded home care. Thank you to the broad coalition that championed this bill, as well as to bill sponsors Del. Robbyn Lewis and Sen. Clarence Lam and Committee Chairs Sen. Pamela Beidle and Del. Joseline Peña-Melnyk. PJC attorney David Rodwin advocated for this bill, which the Governor has signed.
Paystub transparency (HB 385 / SB 38)
The passage of HB 385 / SB 38 creates Maryland’s first-ever legally enforceable requirement that hours worked, pay rates, pay period dates, deductions, and other basic information go on employees’ paystubs. Until this year, Maryland had no requirement for employers to include most of this information, and the limited paystub requirements that did exist were unenforceable – a major loophole that many employers used to hide wage theft in inscrutable paystubs. The mechanism to enforce this law will be a complaint to the Maryland Department of Labor; unfortunately, the private right of action (the right of individuals to sue) was amended out of the bill. Thank you to our union allies IUPAT DC-51, 32BJ SEIU, LiUNA, and Maryland State and DC AFL-CIO, as well as the Maryland Center on Economic Policy, Mark Hanna and Geoffrey Simpson of the Maryland Washington Employment Lawyers Association, and all the other advocates who supported this bill. We also thank bill sponsors Del. Jeffrie Long, Jr. and Sen. Alonzo Washington. PJC attorneys David Rodwin and Lucy Zhou advocated for this bill, and former PJC attorney Monisha Cherayil helped build the groundwork for its passage in previous years of advocacy. The Governor has signed the bill.
Predictable Scheduling Act (HB 1226 / SB 994)
This bill would have provided basic scheduling protections for employees of large employers in food service, retail, and hospitality: two weeks’ notice of schedules, partial pay when shifts are cancelled last minute, an extra hour of pay when shifts are changed last minute, and extra pay for “clopening” shifts when workers have to work the morning after closing out the previous evening. While the bill did not pass, the coalition held two successful hearings, and we expect to bring the bill back next year. Thank you to all who supported the bill and especially to UFCW Local 400, UNITE HERE Local 7 and Local 25, the National Women’s Law Center, Economic Action Maryland, the Maryland Center on Economic Policy, Jasmine Bonomolo, Sheva Spangler, Peter Fugiel, and Helen Gym. We also thank bill sponsors Del. Linda Foley and Sen. Joanne Benson. PJC attorney David Rodwin and former PJC attorney Diana Jarek advocated for this bill.
Limited Worker Cooperative Associations (SB 85)
SB 85 would have created a corporate form designed for worker-owned cooperatives; for now, Maryland’s worker co-ops all have to incorporate into a form not designed for worker ownership, like an LLC, which creates numerous tax, liability, and workers’ compensation issues. PJC paralegal Lee Woo Kee and attorney David Rodwin worked on this bill with the Baltimore Roundtable for Economic Democracy and facilitated a partnership with the University of Baltimore School of Law’s Community Development Clinic to refine the bill. After significant efforts to find a compromise with opponents, the bill passed the Senate but did not get a vote in the House. We will continue to advocate for this bill next year.
Creating an administrative remedy for workers to address wage-related retaliation (HB 136 / SB 233)
The passage of HB 136 / SB 233 creates a way for workers to report employers who retaliate against them for raising concerns about unpaid wages. Remarkably, Maryland had no such remedy, leaving workers unprotected by Maryland law if they complained or sued for unpaid wages. We sought to include a private right of action in the bill so workers could sue rather than just file a complaint with the Maryland Department of Labor, but unfortunately that provision was not included. Nevertheless, the addition of an administrative remedy is meaningful progress in the fight to address wage-related retaliation. Thank you to the Maryland Department of Labor for requesting that the General Assembly take up this issue. The bill has been signed by the Governor. PJC attorney David Rodwin advocated for this bill.
The PJC’s Workplace Justice team advocating for these bills included attorneys David Rodwin, Monisha Cherayil, Diana Jarek, and Lucy Zhou, and paralegal Lee Woo Kee.
Race Equity and Civil Rights
The PJC’s Race Equity Team advocates for policies that help build a just society where Black, Latine, Indigenous, Asian, and other historically exploited people are free from systems of oppression, exploitation, and all expressions of discrimination, shifting power and resources to BIPOC (Black, Indigenous, and other people of color) across Maryland. During the 2024 General Assembly, the Race Equity Team successfully advocated for bills that will make homeownership more affordable in historically redlined communities, plug gaps in Maryland’s anti-discrimination laws, and grant appellate courts jurisdiction to review dismissals of complaints by the Maryland Commission on Civil Rights. We also advocated for legislation to improve equity in the jury selection process.
Providing financial assistance to promote homeownership in historically redlined communities (HB 873 / SB 704)
The passage of HB 873 / SB 704 is a significant step toward addressing disparities in homeownership stemming from redlining practices, which have particularly affected Black communities. The bill will expand eligibility for financial assistance under the Appraisal Gap from Historic Redlining Financial Assistance Program to include individuals purchasing homes as owner-occupants. The original 2023 law allocated financial support to affordable housing developers to revitalize homes in historically redlined areas that struggled to secure conventional financing. HB 873 / SB 704 builds on last year’s law by providing promissory notes to individual homebuyers that the Maryland Department of Housing and Community Development can convert into forgivable grants. This financial assistance will increase access to affordable homes within these communities. The bill will help rectify historic injustices, promote equity, and foster the creation of generational wealth through homeownership. PJC paralegal Kelsey Carlson wrote testimony on the bill. The Governor has signed HB 873 / SB 704.
Advocating for equity in the jury selection process (SB 827 / HB 1079)
SB 827 / HB 1079 would have opened the jury selection process (voir dire) in Maryland courts to active participation by the lawyers representing the parties. Participation is currently tightly limited to a few questions decided by the judge. The disparate impact of limited voir dire on people of color in the courts is well-documented, while inclusive voir dire has been shown to both improve the quality and fairness of juries and root out the biases of the lawyers in the case. The bill passed the Senate but did not get a vote in the House Judiciary Committee. Thanks to the Maryland Association for Justice for the advocacy on behalf of trial lawyers on this bill, and in particular, to private attorney David A. Harak for spearheading the effort to garner support from a wide array of supporters. We also thank Chair of the Senate Judicial Proceedings Committee, Will Smith, for his support. PJC Legal Director Debra Gardner submitted testimony on the bill. We will continue to advocate that Maryland join the vast majority of states and open its voir dire to equity. Maryland’s Chief Justice Matthew J. Fader has already called for expedited consideration of similar proposals by the Standing Committee on Rules of Practice and Procedure, and the PJC is engaged with the coalition in support of reform through that forum.
Granting appellate courts jurisdiction to review findings of the Maryland Commission on Civil Rights (SB 50 / HB 394)
The passage of SB 50 / HB 394 restores the jurisdiction of appellate courts to review findings of no probable cause in discrimination claims filed with the Maryland Commission on Civil Rights (MCCR). The bill is a response to the decision of the Maryland Supreme Court in Rowe v. Maryland Commission on Civil Rights. PJC client Jennifer Rowe had filed a complaint with the MCCR alleging that a gym discriminated against her on the basis of disability. After the MCCR decided that there was no probable cause for discrimination, Ms. Rowe appealed, and the Maryland Appellate Court dismissed her case, claiming that it did not have jurisdiction in such cases. The Maryland Supreme Court affirmed the lower court’s ruling, essentially eliminating individuals’ ability to appeal MCCR dismissals of complaints. SB 50 / HB 394 changes the law so that people can appeal these decisions in the state appellate courts. Thank you to bill sponsors Sen. Clarence Lam and Del. Pam Guzzone; Chair of the Senate Judicial Proceedings Committee (JPR) Will Smith; our lobbyist, Ann Ciekot; and civil rights attorney Michael Abrams for his testimony that captured the hearts of JPR. Most of all, we thank Jennifer Rowe, who turned her full motivation to seeking justice for others facing the same barrier that she faced in the courts, testifying eloquently, impressing the legislators, and winning the day in Annapolis even though she had nothing to gain personally from the passage of the bill. SB 50 / HB 394 has been signed by the Governor. PJC Legal Director Debra Gardner advocated for this bill.
Opportunity for All Marylanders Act (HB 1397)
The passage of the Opportunity for All Marylanders Act will plug significant gaps in state anti-discrimination law for all protected categories, including race, disability, religion, sex, sexual orientation, and gender identity. These gaps were illuminated when the Maryland Supreme Court ruled in John Doe v. CRS that unless a protected class is specifically enumerated in a given anti-discrimination clause, that class does not get the protections of the clause, even if they are protected elsewhere. HB 1397 standardizes anti-discrimination clauses across state law to make sure all Marylanders are fully protected. The Governor has signed the bill. Thank you to FreeState Justice for envisioning this comprehensive reform bill and in particular to Camila Reynolds-Dominguez, FreeState’s Policy Advocate and Legal Impact Coordinator, for her extraordinary and strategic leadership in the effort. PJC Legal Director Debra Gardner advocated for this bill.
Members of the PJC race equity legislative committee advocated on the bills above, including Executive Director Jeniece Jones, Legal Director Debra Gardner, attorneys Albert Turner and Ashley Woolard, and paralegal Kelsey Carlson.
Health and Benefits Equity
The PJC’s Health and Benefits Equity Project advocates to protect and expand access to healthcare and safety net services for Marylanders struggling to make ends meet. We support policies and practices that are designed to eliminate economic and racial inequities and enable every Marylander to attain their highest level of health.
During the 2024 legislative session of the Maryland General Assembly, the Health and Benefits Equity Project led advocacy in partnership with our allies on three important bills related to language access and Maryland’s community health worker workforce:
Ensuring meaningful access to behavioral health and public services for individuals with limited English proficiency (LEP)
SB 991, inspired by recommendations in the PJC and Centro SOL’s report Speaking the Language: The Right to Interpretation & Translation Services for Children and Adolescents with Mental Health Needs in Maryland, would establish the Language Assistance Services Pilot Program in the Behavioral Health Administration to provide grants to local behavioral health authorities to reimburse behavioral health providers for language assistance services for children with LEP receiving care and their parents or legal guardians with LEP who are helping coordinate their care. We are excited to report that SB 991 passed the House and Senate with bipartisan support and was signed into law by Governor Moore. This summer, we will monitor the implementation of the bill and conduct information sessions to encourage local behavioral health authorities to apply for the grants. Thank you to Sen. Clarence Lam for sponsoring the bill. We also thank our allies Centro SOL, the Latino Family Advisory Board of Johns Hopkins System Pediatrics, Lauren Goodsmith, Health Care for the Homeless, Mental Health Association of Maryland, Catholic Charities, the Maryland Addiction Directors Council, League of Women Voters, Africans for Mental Health, NAMI Maryland, FreeState Justice, NCADD – Maryland, Behavioral Health Systems Baltimore, Pyramid Healthcare, Inc., Kennedy Kreiger Institute, the Maryland Assembly on School-Based Health Care, and the Maryland Community Health System for their support.
HB 987 would have strengthened Maryland’s existing language access law by requiring state agencies to designate a language access coordinator and develop a language access policy. It also would have required the Office of the Attorney General to provide oversight, monitoring, investigation, and enforcement of Maryland’s language access law. Though HB 987 didn’t pass, we will engage in strategic planning with advocates and the bill sponsors to reintroduce the bill next year and push it across the finish line. Thank you to Del. Gabriel Acevero for sponsoring the bill. We also want to thank Maryland Legal Aid, Homeless Persons Representation Project, Maryland Hunger Solutions, Kennedy Krieger Institute, the Maryland NAACP, the Autism Society of Maryland, the Arc of Prince George’s County, Jubilee Association of Maryland, Catholic Charities, and FreeState Justice for their support.
Recognizing community health workers (CHWs) and laying the foundation for reimbursement of their services (HB 568)
HB 568 would have designated May 8 as Community Health Worker Appreciation Day in Maryland. This legislation was led by the Community Health Workers Empowerment Coalition of Maryland, founded by the PJC, and was intended to educate our legislators and community on the importance of community health workers in advancing health equity as well as highlight the barriers they face in the field, including the lack of reimbursement for their services. The Coalition held a companion CHW appreciation rally on March 15, with the theme of “Connecting Our Neighbors to Care” to celebrate Maryland’s CHW workforce. The bill passed the House floor, but unfortunately did not get a vote in the Senate. HB 568 served as an opportunity to bring together CHWs and those who hire, train, and support their work to advocate for the profession. We look forward to reintroducing this bill in a future year. Thank you to Delegates Heather Bagnall and Robbyn Lewis for sponsoring the bill. We also thank the members of the Community Health Workers Empowerment Coalition of Maryland for their leadership on the bill.
Among our priority bills, we also supported the following critical bills to advance healthy equity in Maryland and increase the benefits the State provides to low-income individuals and families.
Access to Care Act (HB 728)
We want to congratulate CASA and bill sponsors Delegate Joseline Peña-Melnyk, Senators Antonio Hayes and Clarence Lam as well as the co-sponsors on the passage of the Access to Care Act! HB 728 will require the Maryland Health Benefit Exchange (MHBE) to request a 1332 waiver to allow Maryland residents, regardless of immigration status, to purchase insurance on the Exchange. The current state and federal laws that prevent certain categories of immigrants from participating in the marketplace have the effect of gatekeeping healthcare from over 275,000 undocumented immigrants residing in Maryland and place them at great risk of chronic illness and other health complications. HB 728 attempts to correct this inequity by expanding access to the MHBE to all Marylanders who would otherwise be eligible but for immigration status. The bill passed both chambers and was signed into law by Governor Moore.
Maternal Health Act of 2024 (HB 1051 / SB 1059)
The Maternal Health Act of 2024 is a comprehensive maternal health reform bill. Sponsored by Delegates Jennifer White Holland and Jheanelle Wilkins and Senator Arthur Ellis, HB 1051 / SB 1059 will require Medicaid providers to complete a prenatal risk assessment form, developed by the Maryland Department of Health, during the birthing person’s initial visit and third trimester visit. Under the bill, the provider would share the risk assessment form with the local health department. Following a high-risk pregnancy, the provider would complete an infant and maternal referral form to provide to the local health department to facilitate outreach to the birthing parent with referrals for resources. The bill will also require the Maryland Health Care Commission to develop a Maryland Report Card for birthing facilities and issue an annual report on care provided by each facility, including the number of vaginal deliveries, C-sections, and birthing complications. We thank the bill sponsors and our maternal health allies for their advocacy on this bill, which was signed into law by Governor Moore.
Making Maryland a safe-haven state for gender-affirming care (SB 119)
We supported efforts by the Maryland Trans Rights Advocacy Coalition to pass legislation that will make Maryland a safe-haven state for gender-affirming care and shield providers, individuals seeking care, and those who support them from prosecution in another state. This advocacy is modeled after pro-choice advocacy to protect people who travel to another state to have an abortion from civil and criminal prosecution. SB 119 includes gender-affirming care under the definition of “legally protected healthcare” in Maryland and codifies an executive order that Governor Moore issued in summer 2023 to shield gender-affirming care. This landmark legislation will enable our state to maintain its status as a safe haven for individuals who identify as transgender. Thank you to bill sponsors Sen. Clarence Lam, Del. David Moon and the co-sponsors for championing this bill. We also want to thank the Maryland Trans Rights Advocacy Coalition (TRAC) for leading advocates in supporting the bill, which is now law.
Funding the 9-8-8 Suicide Prevention Hotline (SB 974 / HB 933)
We advocated for SB 974 / HB 933, which will create a small fee of $0.25 on wireless phone bills to fund the 9-8-8 Trust Fund. Advocacy on the bill was led by the Mental Health Association of Maryland and the Maryland Behavioral Health Coalition. This will establish a dedicated funding stream for 9-8-8, the state’s designated Suicide Prevention Hotline that helps connect individuals in crisis to community-based services. Increasing the availability of these services and ensuring access through a small fee will help children and adults receive the care they need in the community and avoid unnecessary hospitalization. We want to thank the Mental Health Association of Maryland for leading advocates in supporting this bill, which has been signed into law.
Raising the minimum SNAP benefit (SB 35 / HB 666)
SB 35 / HB 666, sponsored by Del. Emily Shetty and Sen. Cory McCray, raises the minimum SNAP benefit to $50. SNAP benefits help people buy groceries. While this is a small increase, it is a good step towards future advocacy to increase the benefits to a level that keeps pace with cost-of-living increases. The bill has been signed by the Governor.
Expanding access to pediatric dental benefits (HB 23 / SB 228)
HB 23 / SB 228, sponsored by Del. Joseline Peña-Melnyk and Sen. Pamela Beidle, will require all qualified health plans sold through the Maryland Health Benefit Exchange (MHBE) to include pediatric dental benefits. Access to pediatric dental care is essential to preventing and treating childhood dental infections. The bill was signed into law by Governor Moore.
Improving access to financial assistance for hospital care (HB 328)
Financial assistance is a lifeline for patients experiencing chronic illness and other unexpected health emergencies. The availability of financial assistance for medical care should not hinge on where a patient lives and which nonprofit hospital they receive care from within the state. Likewise, protecting certain monetary assets from being counted in financial assistance determinations fosters intergenerational wealth transfer within low-income families. HB 328, sponsored by Del. Leslie Lopez, prohibits hospitals from denying a patient financial assistance eligibility based on where they live in the state (a geographic test). It also increases protection of a patient’s monetary assets from $10,000 to $100,000. The bill was signed into law by Governor Moore.
Defeating legislation that would have weakened the Prevent Electronic Benefits Theft Act of 2023 (HB 1434)
The PJC joined other anti-poverty advocates in opposing and successfully defeating HB 1434. HB 1434 would have stripped important protections from the Prevent Electronic Benefits Theft Act of 2023, Maryland’s new law that has reimbursed more than $18 million to over 30,000 households. The bill would have eliminated the mandate for the Maryland Department of Human Services (DHS) to reimburse a beneficiary for food and cash assistance benefits lost due to theft and made reimbursement contingent on the availability of funds in DHS’ budget. Despite clear directives and guidance under the 2023 law to prevent theft by strengthening security features for EBT cards, DHS has made minimal progress in this area. Households that experience food and cash assistance benefits theft would be left without the ability to buy food, pay their rent, keep the lights on, and afford other basic necessities. Anti-poverty advocates successfully defended the 2023 law, and while HB 1434 passed the House, it did not pass the Senate.
The PJC’s Health and Benefits Equity team advocating for these bills included attorney Ashley Woolard and paralegal David Reische.
Education Stability
The PJC’s Education Stability Project advocates for systemic strategies to reduce schools’ reliance on exclusionary discipline and promote the use of alternatives to school pushout. In this year’s session of the General Assembly, we successfully advocated for legislation to provide supports for students with behavioral challenges in Prince George’s County. We also defeated legislation that would have expanded truancy court and scaled back the impact of other bills that would have unnecessarily excluded students from school. And we continued the long-term fight to decriminalize disruption in Maryland schools.
Student Supports and Success Act (HB 821)
The PJC’s Education Stability Project has worked with students in Prince George’s County for many years, including on systemic work to improve the discipline practice in the Prince George’s County Public Schools. The passage of this bill establishes a network of specialists at every school in the county to support students with behavioral challenges without relying on suspension or arrest, examine ways to reduce the use of exclusionary discipline, and promote restorative approaches to behavior challenges. Thank you to the Prince George’s County delegation of legislators for sponsoring HB 821. PJC paralegal Kelsey Carlson wrote testimony supporting this bill. The bill has been signed by the Governor.
Defeating expansion of the truancy court program (SB 865)
We successfully opposed SB 865, which would have authorized all counties in Maryland to establish truancy court programs. These programs drag children and their families into court while masquerading as social services programs. Research shows that the court is an ineffective and, in fact, harmful way to address attendance issues. The Education Stability Project worked in coalition with advocates from the Coalition to Reform School Discipline to kill the bill before it got out of committee. We would especially like to thank Frank Patinella at the ACLU of Maryland, Megan Berger at Disability Rights Maryland, and Alyssa Fieo at the Maryland Office of the Public Defender for filing opposing testimony or testifying in person against the bill. At the PJC, Levi Bradford and Kelsey Carlson worked to stop the bill from passing.
Fighting fearmongering and advocating for access to school for all kids (SB 1145 / HB 1493)
SB 1145 / HB 1493 would have permanently prohibited any child adjudicated delinquent of a first-, second-, or third-degree sex offense from attending school in person. This bill arose from a panic created by a story on conservative news channel Fox 45 that highlighted a single case in which no student was ever in danger. Research and evidence show that childhood sex offenses largely take place in the home, and not at school. SB 1145 / HB 1493 would have added third-degree sex offenses to the list of offenses that would require schools to exclude students from in-person learning, a category which includes nonviolent incidents. Importantly, legal experts believe this bill violates the federal Individuals with Disabilities Education Act by acting as a blanket ban with no individualized determinations based on the child and their circumstances. The bill was shelved by the House Ways & Means Committee. In response, the Senate amended HB 814 to include a provision that bans any child on the juvenile sex offender registry from entering school property. HB 814 passed with this provision and is at the Governor’s desk. While this ban is still exclusionary and legally dubious, it will impact far fewer children, as very few children adjudicated of low-level sex offenses are required to register. PJC attorney Levi Bradford helped strategize messaging and compiled data for testimony against the bill. We would like to highlight the work of Megan Berger, Legal Director for Disability Rights Maryland. She organized a letter that brought together local, state, and national civil rights advocates in a unified outcry against the bill. We would also like to thank Alyssa Fieo and Jeremy Zacker at the Maryland Office of the Public Defender, Frank Patinella at the ACLU of Maryland, Kelly Quinn at the Choice Program at the University of Maryland, Baltimore County and the Coalition to Reform School Discipline, and Vic Wiener at Juvenile Law Center. These advocates dropped everything to fight for the rights of children in the days leading up to the hearing for SB 1145 / HB 1493.
Decriminalizing disruption (HB 615 / SB 512)
HB 615 / SB 512 would have ensured that children could not be arrested for so-called disruptive behaviors in school. Currently, anyone including students, may face up to six months in jail for “willfully disturb[ing] or otherwise willfully prevent[ing] the orderly conduct of the activities, administration, or classes” of a school. Md. Code Educ. Sec. 26-101(a). Because virtually any student misbehavior can be characterized as disrupting or disturbing school, police can and do use this statute to arrest students for run-of-the-mill horseplay, talking back, or roaming the hallways. Because what constitutes “disruption” is undefined and subject to the influences of implicit bias, Black children are charged with disruption at four times the rate of white children even though there are fewer Black children than white children in Maryland. Under the legislation, the criminal penalties for school disruption would no longer apply to students, so that students would no longer face arrest and other law enforcement consequences for relatively minor childhood or adolescent behaviors. Unfortunately, the bill did not pass this year. Thank you to bill sponsors Del. Sheila Ruth and Sen. Alonzo Washington, the Maryland Office of the Public Defender, and Disability Rights Maryland for your advocacy in support of the bill. PJC attorney Levi Bradford advocated for this bill.
Restricting use of disciplinary records in college admissions (SB 61)
SB 61 would have restricted the use of school disciplinary records in college admissions decisions only to situations involving academic dishonesty. School discipline disproportionately impacts Black and brown K-12 students as well as students with disabilities. Restricting the use of discipline records would have minimized the impacts of these disparities on the college admissions process. Unfortunately, the bill did not pass this year. PJC attorney Levi Bradford advocated for this bill.
Defeating a bill that penalized parents while failing to help students receive counseling (HB 206)
HB 206 would have required parents to seek out and participate in counseling with their child if the child engages in “violent and disruptive behavior” at school. Parents would have faced criminal charges for failing to get counseling. While we recognize the benefits of counseling, the bill provided no resources or information to help families get counseling; rather, it attempted to open a new avenue through which to criminalize poor families: not being able to afford counseling. PJC attorney Levi Bradford advocated against this bill, and it died in committee.
The PJC’s Education Stability team advocating for these bills included attorneys Monisha Cherayil and Levi Bradford and paralegal Kelsey Carlson.
