Delaware Healthcare Association

1280 S Governors Avenue
Dover, DE 19904
(302) 674-2853
 
 
 

2nd Session of the
146th Delaware General Assembly

January 2012 to June 2012

This page lists health care industry related legislation, as tracked by the Delaware Healthcare Association.

Listing of Delaware's State Senators & State Representatives Legislation passed in previous session of the General Assembly.
Legislation passed in the 1st Session of the 146th General Assembly.
Legislative Terms This page last updated 01/26/20121
Delaware Senate Bills
Delaware House of Representatives Bills
Federal Legislation

Delaware Senate Bills:

To view the bill and the current status, click on the bill number.

Bill Number Description Status DHA Position
SB 11 Expands Delaware’s Public Assistance Code to provide urgent and preventative dental care for eligible Medicaid Recipients who are pregnant or become pregnant while receiving assistance. Senate - Finance Committee  No Position 
SB 19 Prohibits registered lobbyists from being "employed by or perform consulting functions for any State agency, Commission, Council, Committee, or public body of the State.  Nor shall any person serve on any State agency, Commission, Council, Committee, or perform any official function for the State." Senate - Judiciary Committee Oppose
SB 21 Removes the provision requiring participants in the Delaware Healthy Children Program pay a premium to participate, while allowing the Department of Health and Social Services to consider instituting minimal copayments for health services in order to recover a portion of the revenue that would be lost due to the absence of premium payments. Senate - Finance Committee No Position
SB 22 Provides for insurance coverage for the diagnosis and treatment of autism spectrum disorders. Senate - Finance Committee No Position
SB 45 Enacts a mechanism for licensure, monitoring, and oversight of abortion clinics in the State of Delaware by providing the Division of Public Health inspect and oversee licensure of facilities and giving the Division authority to seek civil penalties and injunctive relief for violating the act, in addition to creating criminal penalties for violating this Act. (See SB 51 and HB 47) Senate - Health & Social Services Committee  
SB 51 Provides the Department of Health and Social Services with the explicit authority to investigate and inspect unsanitary or unsafe conditions in certain locations where medical or health-related treatment is provided.  In addition, it provides the Department of State, Division of Professional Regulation may investigate and inspect unsanitary and unsafe conditions maintained by individuals licensed by the Board of Medical Licensure and Discipline. (See SB 45 and HB 47) Senate - Health & Social Services Committee  
SB 84 Establishes a Cardiovascular Disease and Stroke Prevention Program within the Division of Public Health to reduce the incidence of cardiovascular disease and stroke in Delaware through the creation of a state program to promote health education, public awareness, community outreach activities, and to improve access to treatment for and prevention of cardiovascular disease and stroke. Senate - Out of Committee  
SB 90 Gives the Department of Health and Social Services (DHSS) the authority to require accreditation for medical facilities that perform invasive medical procedures.  It also gives DHSS the authority to promulgate regulations for accreditation.  The bill requires DHSS to work with stakeholders in the development of regulations and it outlines who those stakeholders should be.  The bill also prohibits individuals licensed under Chapters 5, 11, and 17 of Title 24 from working in any facility where invasive medical procedures are performed unless the facility is licensed and accredited. (Note: Bill similar to HB 144). Senate - Health & Social Services
Committee
 
SB 100 Repeals the Delaware Corporate Income Tax.  The effective date is on the second January 1st after enactment. Senate - Finance Committee  
SB 135 with
SA 1, HA 1 & HA 2
Amends Title 18 relating to School Based Health Centers (SBHC) and Insurance.  The Federal Government is requiring Delaware to change the manner in which it bills for SBHC services, by requiring private insurers to be billed before Medicaid is billed.  The bill establishes the framework for doing such billing.  Senate - Passed
House - Economic Development/ Banking/ Insurance/ Commerce Committee
 
SB 141 Amends Title 29 by adding comprehensive lobbyist reform provisions including additional financial reporting requirements.  It also adds conflict of interest prohibitions and limitations on unethical conduct making such conduct illegal. Senate - Executive Committee  
SB 153 with SA 1 Amends Title 18 relating to independent health care appeals programs by conforming Delaware law to new Federal law prescribing external review of adverse decisions by health carriers. Senate - Passed
House - Awaiting Committee Assignment
 
SB 160 Amend Title 16 of the Delaware Code Relating to The Uniform Controlled Substances Act.  The bill clarifies the definition of Designer Drugs and covers those synthetic analogues of controlled substances that are made and distributed for drug use, but due to their novelty have not yet been added to the schedule of controlled substances.  This amendment to Delaware’s drug code will ensure there are no gaps in the law’s coverage of these dangerous substances as they surface.  The bill also bans the possession, use, sale, or delivery of synthetic cathinones, more commonly known as bath salts, by categorizing synthetic cathinones as a Schedule I Controlled Substance under Delaware Title 16, §4714(f).  This Act also removes synthetic cannabanoids from the definition section of the Uniform Controlled Substances Act and categories the chemical compounds within the Schedule I Controlled Substances under Delaware Title 16, §4714(f).  Finally, this Act creates Tier Quantities for Schedule I Controlled Substances in Delaware Title 16, §4751C. Signed Into Law 01/25/2012  
SB 162 Amends Title 16 of the Delaware code relating to Sexually Transmitted Diseases, Informed Consent, and Confidentiality.  The bill implements the September 2006 Centers for Disease Control and Prevention (CDC) recommendations for increased HIV testing.  Healthcare providers in clinical settings may adopt an HIV opt-out policy in which the patient will have the opportunity to choose to be tested for HIV as part of the patient’s routine medical care.  As the current Chapter 12, Subchapter 1, deals with issues beyond informed consent and confidentiality and as HIV is a sexually transmitted disease, the updated Subchapter on HIV testing and counseling is better placed as a Subchapter of Chapter 7. Senate - Health & Social Services Committee  
SB 163 The bill phases in a $1.00 increase in the state minimum wage through January 1, 2014. Senate - Passed
House - Awaiting Committee Assignment
 
SCR 28 Establishing February 2012 as Teen Dating Violence Prevention and Awareness Month in the State of Delaware. Senate - Passed
House - Passed
 

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Delaware House of Representatives Bills:

To view the bill and the current status, click on the bill number.

Bill Number Description Status DHA Position
HB 2 Extends the Delaware’s Children’s Health Insurance Program (CHIP) to include reduced-cost health insurance coverage for children only of families with personal incomes up to 300% of the Federal Poverty Level, confirms CHIP shall continue to provide health insurance coverage for children of families with personal incomes at or below 200% of the Federal Poverty Level, and permits recipients of health care services under the CHIP to pay for any required premium health insurance charges by any commercially-accepted means, including by cash, check, or charge. House - Health & Human Development Committee   No Position due to current Budget situation
HB 79 The Delaware Health Care Freedom Act.  The bill clarifies that only the State of Delaware has the legal authority to regulate private healthcare insurance systems, plans, and services within its borders.  The bill specifies and guarantees that Delawareans are, and shall be, free to choose or decline to choose any mode of securing health care services without penalty or threat of penalty.  The bill further expands the duties of Delaware’s Attorney General to defend the State of Delaware, its officials, employees, and agents in the event that any law or regulation violating public policy set forth in the Delaware Health Care Freedom Act is enacted by any government, including the Federal government, or by any subdivision or agency thereof.  The enactment of this legislation does not interfere with the ongoing implementation of the healthcare aspects of any existing government program in which Delawareans have agreed to take part and which do not carry penalties for non-participation. House - Administration Committee  
HB 80 Changes the Parental Notice of Abortion Act to the Parental Consent for Abortion Act. House - Health & Human Development Committee  
HB 89 Amends Title 19 relating to the doctrine of employment at will and protection from wrongful termination. House - Labor Committee  
HB 95 with SA 1 Eliminates the requirement that a person must have a safety helmet in their possession while operating or riding a motorcycle.  The bill does not change the requirement that a person up to 19 years of age must wear a safety helmet while operating or riding a motorcycle. Governor Vetoed on 07/14/2011  
HB 109 with HA 2 Amends Title 6, Chapter 35, regarding building construction and payment.  The bill was introduced and assigned to the House Economic Development/Banking/Insurance/Commerce Committee. House - Passed
Senate - Executive Committee
 
HB 111 Amends Title 6 relating to Antitrust Actions.  The bill was introduced and assigned to the House Economic Development/Banking/Insurance/Commerce Committee. House - Economic Development/ Banking/ Insurance/ Commerce Committee  
HB 136 with HA 1 & SA 1 Delaware law currently gives preference in hiring for State employment to veterans.  This bill adds spouses of veterans, POW, and MIA. House - Returned for Vote on SA 1
Senate - Passed
 
HB 149 Requires the Department of Health and Social Services (DHSS) to adopt standards for the approval of and to approve certain training programs relating to the possession of epinephrine and the administration of epinephrine in emergency situations, and authorizes certain individuals to obtain epinephrine in emergency situations; and authorizes certain individuals to obtain epinephrine, and administer epinephrine in emergency situations. House - Health & Human Development Committee  
HB 170 with HA 1 Amends Title 18 relating to Group and Blanket Health Insurance by requiring insurers to allow qualified individuals who are covered by small employer plans to continue their coverage at their own cost, for up to nine months after termination of coverage. House - Passed
Senate - Finance Committee
HB 191 Requires all commercial vehicles operated in Delaware to be equipped with an audible reverse warning signal that adequately places an individual within 50 feet of such vehicle on notice that such commercial vehicle intends to and/or is in the process of reversing. House - Public Safety & Homeland Security Committee  
HB 194 Creates a new chapter in Title 6 regarding the safe destruction by business entities of documents containing personal information.  Aggrieved customers will have a civil action to recover potential treble damages.  In addition, the Attorney General may file suit or bring an administrative enforcement proceeding against the business in violation if it is in the public interest. House - Economic Development/ Banking/ Insurance/ Commerce Committee  
HB 201 The General Assembly has designated authority to State agencies to adopt and amend rules and regulations.  To assure those rules and regulations are properly adopted or amended to satisfy statutory purposes, it is important there be transparency, and those proposing rules and regulations properly assess the economic and other impacts and benefits resulting from implementation of their proposals.  The preparation of regulatory impact statements as part of the rule making process will further that purpose.  The bill will also provide to the members of the General Assembly having oversight responsibilities valuable information on an ongoing basis regarding the adoption or amendment of rules and regulations by covered agencies.  The requirements of this legislation are similar to those imposed on Federal agencies adopting or amending Federal rules and regulations.  House - Administration Committee  
HB 206 Amends Title 24 by granting the Board of Pharmacy authority to establish standards and procedures for the collection, destruction, return, and redistribution of previously dispensed medications.  The drug collection program must comply with all applicable local, state, and Federal health laws and regulations, and shall be done under a licensed health care professional’s supervision.  In addition, the DEA and the Office of Controlled Substances shall implement security measures.  Pharmaceutical manufactures receive immunity for matters related to the program House - Out of Committee  
HB 216 Requires an insurer who denies coverage for a procedure or test as medically unnecessary to reimburse an insured for all expenses, including out-of-pocket expenses, if the insured pays for the procedure or test and the procedure or test is proven to be medically necessary. Section 2307 of Title 18 contains the procedures to be used by the Insurance Commissioner when he or she has reason to believe that an insurer has engaged in an unfair practice, such as denying coverage as medically unnecessary. House - Economic Development/ Banking/ Insurance/ Commerce Committee  
HB 222 with HA 1 & HA 2 The bill requires the Department of Labor to publish the names of employers who have violated the Workplace Fraud Act by misclassifying an employee as an independent contractor or otherwise. House - Passed
Senate - Awaiting Committee
Assignment
 
HB 223 Allows the use of electronic notices and documents in lieu of current requirements for the sending of insurance notices and documents.  The insurer must obtain the consent of the other party to send electronic notices and documents and also allows for withdrawal of consent by the other party to receive electronic notices and documents. House - Economic Development/ Banking/ Insurance/ Commerce Committee  
HB 233 Amends Title 29 of the Delaware Code Relating to The Registration of Lobbyists.  The bill requires lobbyists to disclose to the Public Integrity Commission the name of every nonprofit organization, community association, and trade group incorporated in the State and/or having activities in Delaware of which the lobbyist is a council or board member. House - Administration Committee  
HB 234 Amend Title 6 of the Delaware Code Relating to Consumer Protection.  The bill clarifies the effect of the consumer law changes in House Substitute 1 for House Bill No. 247, enacted in 2010.  Several sections in Title 6, Chapter 25 contained references to Title 29, §2517, which was substantially modified by House Substitute 1.  The bill eliminates the reference to Title 29, §2517 and provides a more general reference as Subchapter II of Chapter 25 of Title 29. House - Passed
Senate - Judiciary Committee
 
HB 238 with HA 1 Amends Title 29 of the Delaware Code Relating to the Division of Professional Regulation Licenses and Permits for Military Spouses.  The bill simplifies the process for a military spouse applying for reinstatement of a professional license or permit with the Division of Professional Regulation within 2 years of the license lapsing.  It does not apply to a revoked or suspended license or permit unless the license or permit was reinstated prior to the lapse.  In addition, the bill provides for a military spouse to apply for a six-month temporary license or permit while applying the application for endorsement or reciprocity is being processed to verify good standing and to perform the criminal background check. House - Passed
Senate - Awaiting Committee Assignment
HB 240 with HA 1 Amends Title 11 by creating an additional penalty of $100.00 which shall be imposed on all crimes committed against persons 62 years of age or older.  The penalty assessment shall be placed in a special fund called The Senior Trust Fund which shall be used to provide assistance programs for the senior population House - Passed
Senate - Judiciary Committee
 
HB 245 The bill Amends Title 11 of the Delaware Code by removing insensitive and offensive language from the criminal code. House - Out of Committee  
HB 246 The bill Amends Title 16 of the Delaware Code by establishing a Yellow Dot medical information alert program to alert emergency medical providers, police, firefighters, and other emergency service providers of a person’s vital medical information if there is an emergency, accident, or otherwise, and the person is in their motor vehicle. House - Out of Committee  
HB 255 Amends Title 29, Chapter 104 by requiring all regulations are to be reviewed every five years to determine if the regulation should be amended, repealed, or left unchanged. House - Administration Committee  
HB 265 The Delaware Cancer Treatment Access Act amends Title 18 by requiring health insurance companies to make equal reimbursement for oral and intravenous anticancer medications.  The bill applies to health insurance policies issued, renewed, or amended on or after January 1, 2013. House - Economic Development/ Banking/ Insurance/ Commerce Committee  
HCR 30 Recognizes the week of January 22 to 28, 2012 as Nurse Anesthetists Week. House - Passed
Senate - Passed
 
HJR 9 The bill registers the concerns of the members over the U.S. Postal Service’s proposed closing of Delaware’s single mail processing center and urges the Hares Corner facility remain open. House - Passed
Senate - Passed
 

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