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Maryland State Delegate Joseline A. Peña-Melnyk Health and Government Operations Committee Legislative District 21 October 21, 2010 7th National Conference on Quality Health Care for Culturally Diverse Populations
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Introduction Legislative Process ◦ Conception of the Bill ◦ Identification of a Sponsor ◦ Confirmation of the Need ◦ Recognition of the Issues ◦ Identification of the Stakeholders ◦ Achievement of Consensus ◦ Drafting of the Bill ◦ Working the Bill Conclusion 2 Achieving Consensus in Legislation Addressing Health Disparity Issues
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2008 – HB1176: Committee on Childhood Obesity (passed) 2008 – HB802: HIV Testing and Information Mortality Reduction (failed) 2009 – HB119: Children’s Products Containing Lead (passed) 2009 – HB 756: Cultural and Linguistic Health Care Provider Competency Program (passed) 2010 – HB561: Prince George’s County – Prohibition on Issuing Licenses to Fast Food Style Restaurants in Locations with a High Index of Health Disparities (failed) Achieving Consensus in Legislation Addressing Health Disparity Issues3
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Can originate with constituent, lobbyist, legislator, state government agency, or other interested party Constituent often suggest bill based on personal situation Lobbyist suggests bill based on interest of client Government agency suggests bill based upon problems it encounters in its daily operation Legislator conceives bill based on perceived need 4 Achieving Consensus in Legislation Addressing Health Disparity Issues
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If bill is proposed by other than a legislator, the person or entity requesting the legislation must find a willing sponsor in the Legislature Factors such as Legislator’s committee assignment, party affiliation, legislative record, etc. should be considered 5 Achieving Consensus in Legislation Addressing Health Disparity Issues
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Purpose of the bill must be clear Survey done by Legislative Services to confirm there is currently no law achieving the purpose of the proposed bill If necessary, opinion of Attorney General is sought regarding the constitutionality of the proposed bill 6 Achieving Consensus in Legislation Addressing Health Disparity Issues
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Legislator meets with proposer of bill to determine who will back a bill and who will fight it Issues to overcome are identified and potential solutions are discussed Similar legislation in other states is reviewed, including how issues are addressed 7 Achieving Consensus in Legislation Addressing Health Disparity Issues
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Those potentially benefitting from bill are identified Those with issues noted in previous step are identified All stakeholders are notified and invited to the table 8 Achieving Consensus in Legislation Addressing Health Disparity Issues
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Stakeholders meet and discuss their issues Attempt is made to achieve a compromise acceptable to all Legislator brokers the discussion 100% consensus rarely achieved 9 Achieving Consensus in Legislation Addressing Health Disparity Issues
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Bill drafting is an iterative process Legislator provides Bill Drafting with specifics of the bill Bill Drafting drafts language, often based on language used in other Maryland legislation, or on language uses in similar bills in other states Legislator circulates proposed language among stakeholders (continued next slide) 10 Achieving Consensus in Legislation Addressing Health Disparity Issues
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Changes are proposed and discussed Acceptable changes are sent to Bill Drafting for rewrite Rewritten bill is returned to Legislator and review cycle begins anew Eventually, final language of bill is set, contingent upon further amendment in committee or on the floor 11 Achieving Consensus in Legislation Addressing Health Disparity Issues
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Sponsoring Legislator and staff seek out co- sponsors Objections of non-supporters are anticipated Supporting facts are drawn together for testimony Witnesses from among stakeholders are identified Testimony is written (continued next slide) 12 Achieving Consensus in Legislation Addressing Health Disparity Issues
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Bill is heard in assigned committee Committee members are lobbied for support If passed in committee, bill goes to floor where full membership is lobbied for support If passed on floor, bill crosses to other chamber where hearing, committee vote, and floor vote proceed as before 13 Achieving Consensus in Legislation Addressing Health Disparity Issues
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Key factor is success of bill is to identify ALL stakeholders and anticipate their concerns Important to bring legislation to the floor with no surprises for stakeholders Work the bill HARD! 14 Achieving Consensus in Legislation Addressing Health Disparity Issues
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Delegate Joseline A. Peña-Melnyk Maryland General Assembly 6 Bladen Street, Room 209 Annapolis, MD 21401 410-841-3502 301-858-3502 Joseline.pena.melnyk@house.state.md.us Achieving Consensus in Legislation Addressing Health Disparity Issues15
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