Maryland

October is here! And with it, a batch of new laws across Maryland

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Hundreds of new laws take effect in October in Maryland, from increasing monthly Supplemental Nutrition Assistance Program benefits and banning live wild animal performances to a controversial juvenile justice law that expands the consequences for young offenders. One law, which alters regulatory requirements for the marketing and sale of electricity and gas, has already been challenged in court.

Here are other laws that went into effect earlier this week.

Pava Marie LaPere Act

The law, named after the 26-year-old entrepreneur who was killed on the roof of her apartment building in September 2023, prevents offenders convicted of first-degree sexual assault from automatically earning time off their sentences for good behavior. Jason Billingsley, who pleaded guilty to LaPere’s murder, had been sentenced to 30 years in prison for a first-degree sex offense in 2015. He was released in 2022 on credits for good conduct.

Lawmakers also banned commercial self-administered sexual assault forensic kits and passed legislation that establishes a definition of consent and removes the requirement of “use of force or threat of force” from what qualifies as second-degree rape. The statute of limitations has also been extended to five years for sex extortion and 10 years to stalking. The statute of limitations was removed for nonconsensually distributed intimate images, or “revenge porn.”

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Maternal Health and more requirements for hospitals

Hospitals now are required to give instructions to an infant’s parent or guardian on how to provide a “safe sleep environment” to avoid Shaken Baby Syndrome. Newborns must also be tested for syphilis and HIV and have that considered in neonatal evaluation and treatment. Hospitals will also need to provide “evidence-based interventions” before discharging a patient who was admitted for opioid-related overdose.

The Maryland Maternal Health Act of 2024 will require providers who receive reimbursement from Medicaid for obstetric services to complete a prenatal risk assessment. Under the law, birthing centers and hospitals that provide obstetric care will also need to complete a postpartum infant and maternal referral form in cases of high-risk pregnancy. The center is also required to provide resources and information related to risk, signs, preventive measures and treatment needs for postpartum complications. The center should also call the birthing parent within 48 hours of discharging them.

Lawmakers have also changed the definition of legally protected health care to include gender-affirming treatment.

Access to Care Act

The Access to Care Act removes immigration status as an eligibility requirement for buying a health plan through the Maryland Health Benefit Exchange, allowing undocumented residents to receive coverage under certain criteria. Gustavo Torres, the executive director of CASA, an immigration advocacy group, said in a press release the legislation was the first step to ensuring affordable health care for everyone.

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“The heavy burden that hospital systems and community clinics have carried for decades will lighten,” Torres said. “With people heading to preventative care instead of the emergency room.”

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Under a different legislation, the State Emergency Medical Services Board is no longer allowed to require an applicant for licensure or certification to provide a Social Security number, an Individual Taxpayer Identification Number or proof of lawful residency.

Collective bargaining and wage transparency

State employees in supervisory roles can now unionize. AFSCME Maryland President Patrick Moran said in a press release the move would allow supervisors “to share their expertise and experience and be equal partners in making our state agencies and state services the best that they can be.”

Lawmakers also rolled out legislation where employers need to disclose wage, benefit and other compensation in public and internal job postings. All state employees can also now take up to 10 days of paid parental bereavement for death of a child, and firefighters can secure compensation if they develop thyroid, colon, or ovarian cancer due to contact with toxic substances encountered while in the line of duty.

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Clean Water Justice Act

Under this legislation, residents can bring civil action to ask the court to enforce laws that protect streams and nontidal wetlands from pollution. A U.S. Supreme Court’s decision in Sackett v. EPA had left a regulatory void, turning the responsibility of keeping waters clean to the states.

Lawmakers have also included environmental justice, climate resilience, and equity measures into the Chesapeake and Atlantic Coastal Bays Critical Area Protection Program.

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Identifying information and wellness check

After a shooting death of a judge, lawmakers established the Office of Information Privacy of the Courts, which will handle requests to not publish or to remove existing personal information on social media. Under a different law, minors in a criminal or juvenile delinquency case may have identifying information redacted, unless the court finds evidence there is good cause to order otherwise.

Law enforcement needs to conduct a wellness check “without unreasonable delay,” and fire, rescue or emergency medical services should also conduct the check if there are concerns about a life-threatening condition.

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