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Delaware Legislation


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150th General Assembly - First Session


House Bills

Number:
HB 1

An Act proposing an amendment to Article 1 of the Delaware Constitution relating to Equal Rights.  This is the final leg of an amendment to the Delaware Constitution to provide equal rights on the basis of sex.  This Amendment is necessary to correct a constitutional shortcoming, reduce sex-based disparities and to codify our State's value of equality. Section 1 makes clear the General Assembly's intent in proposing this Amendment to the Delaware Constitution.

Status:

Became Law 1/16/2019

DEHA Position:No Position

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Number:
HB 12

An Act to amend Article 31 of the Delaware Code relating to The Provider Advisory Board. This Act strengthens the role and responsibilities of the Provider Advisory Board in regard to the implementation and enforcement of The Delaware Child Care Act.

Status:

Signed into Law 7/31/2019

DEHA Position:No Position

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Number:
HB 19

An Act to amend Article 14 of the Delaware Code relating to School Nurses.  This Act seeks to ensure that every public school in the State has a school nurse. This Act provides a mechanism to allow a district or a charter school that currently does not have a school nurse to receive State funds. This Act also permits a district to levy a tax under § 1902(b), Title 14, known as a "match tax", to assist those districts that hire a school nurse as a result of this Act to pay for the local share of that school nurse.  HA 1which requires each facility in a district or charter school to have at least 1 nurse. This amendment also requires districts and charter schools to have an appropriate number of registered nurses that matches the needs of the specific facility was placed with the Bill.

Status:

Introduced and Assigned to Education Committee in House

DEHA Position:No Position

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Number:
HB 23

An Act to amend Article 30 of the Delaware Code relating to Personal Income Tax.  This bill will add a new check-off donation box on the Delaware personal income tax return whereby individuals may choose to donate a portion of their tax refund, or designate an amount in addition to the tax they owe that will be transferred by the Division of Revenue to the Pediatric Cancer Research Fund held by the Delaware Community Foundation, who in turn will deposit the funds to the Andrew McDonough B+ Foundation.  HA 2 consolidates provisions to donate amounts on personal income tax returns to Habitat for Humanity for each county into a single statewide fund to be allocated to the counties by the Division of Revenue based on the residency of the donating individuals. This consolidation is necessary in order to add the Andrew McDonough B+ Foundation to the check-off donation box on the Delaware personal income tax return.

Status:

Signed into Law 6/5/2019

DEHA Position:No Position

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Number:
HB 24

An Act to amend Article 18 of the Delaware Code relating to Copayment or Coinsurance for prescription drugs.  This Act would prohibit insurers and pharmacy benefit managers from engaging in the practice of "clawbacks". When the total cost of a prescription drug to an insurer or pharmacy benefits manager is less than a patient's co-pay, the insurer or pharmacy benefits manager keeps the difference in a practice known as a "clawback". According to a March 2018 report issued by the University of Southern California's Schaeffer Center for Health Policy & Economics based on the Center’s analysis of 2013 data from a large commercial insurer combined with data on national average drug reimbursements, almost 25% of filled pharmacy prescriptions involved a patient co-payment that exceeded the average reimbursement paid by the insurer by more than $2.00. The report further noted that overpayments were more likely to occur on claims for generic drugs than brand drugs and that the total overpayments in the Center’s sample amounted to $135 million.  HA 1(1) Replaces “retail price” with language requiring that a carrier not impose a copayment or coinsurance requirement that exceeds the lesser of one of the following: (i) the applicable copayment or coinsurance that would apply for the prescription drug in the absence of this section; (ii) the amount an individual would pay for the prescription drug if the individual were paying the usual and customary price; or (iii) the contract price for the prescription drug. (2) Provides a definition of “contract price” in place of the definition of “retail price”. (3) Adds a definition of “pharmacy” based on its use in the definition of “contract price”.

Status:

Signed into Law 6/19/2019

DEHA Position:No Position

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Number:
HB 29

An Act to amend Article 18 of the Delaware Code relating to DNA Analysis and Databank.  Currently the law requires that any person convicted of a crime identified under the section identifying sexual offenses, or offenses relating to children and incompetents must submit to DNA testing. The DNA testing is compiled and stored in the state DNA database. As many of these individuals are prone to repeat offenses, this database has proven to be a useful crime solving tool. This bill will provide that any person arrested [vs convicted] for any of these specific crimes will now be subject to DNA testing. This bill will also require testing of any individual who is currently incarcerated and convicted of a violent felony under Title 11. Additional safeguards and protections have been included in the law to balance the state’s interest in solving crimes against the rights of the arrested individuals, as discussed and approved by the U.S. Supreme Court in Maryland v. King, 133 S. Ct. 1958 (U.S. 2013). This act shall become effective upon the receipt of a federal grant to the State pursuant to the Katie Sepich Enhanced DNA Collection Act of 2012, or upon a specific annual appropriation in the Annual Appropriations Act. HA 1which makes a technical correction was placed with the bill.

Status:

Substituted in House

DEHA Position:No Position

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Number:
HA 1 for HB 29

An Act to amend Article 29 of the Delaware Code relating to DNA Analysis and Databank.  Establishing a suspect's identity is critical to their processing by law enforcement. DNA analysis provides unparalleled accuracy in establishing identity. The United States Supreme Court held that "DNA identification of arrestees is a reasonable search that can be considered part of a routine booking procedure". Maryland v. King, 569 U.S. 435, 465 (2013). The establishment of an individual's DNA may identify the perpetrator of "some heinous crime" and may free "a person wrongfully imprisoned for the same offense". Id. at 456. The collection of a DNA sample by buccal swab (cheek swab) of a person is a reasonable and legitimate police-booking procedure that should be available for identifying those arrested for serious crimes in Delaware. This Act creates a constitutionally sound procedure for collecting and analyzing arrestee DNA. First, the Act directs that biological samples only be obtained from those accused of committing designated serious felony offenses. Second, biological samples may only be taken from arrestees by the least intrusive method - a buccal swab. Third, samples may only be submitted for identification analysis after a determination of probable cause by a judge at a preliminary hearing or a grand jury by indictment. Finally, any DNA sample or analysis of a DNA sample shall be destroyed or expunged from a DNA database if probable cause is not determined or if all charges associated with the arrest of the individual are dismissed or the individual is found to be not guilty. This Act shall become effective upon the receipt of a federal grant to the State pursuant to the Katie Sepich Enhanced DNA Collection Act of 2012.

Status:

Out of Committee in House

DEHA Position:No Position

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Number:
HB 43

An Act to amend Article 24 of the Delaware Code relating to Professions and Occupations.  This bill eliminates the requirement under several provisions of Title 24 that applicants for professional licenses as well as adult entertainment establishments submit notarized applications. This bill would allow for a policy change at the Division of Professional Regulation to remove the notarization requirement for all licensing applications, which will make the application process more economically and logistically available.

Status:

Signed into Law 4/9/2019

DEHA Position:No Position

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Number:
HB 44

An Act to amend Article 24 of the Delaware Code relating to Professions and Occupations.  This bill eliminates all references to physical paper copies of professional licenses for professions administrated by the Division of Professional Regulation. This bill would eliminate the need for the Division to print and mail over 80,000 paper licenses every two years thus cutting down on administrative and supply costs and eliminating unnecessary paper production and waste.  HA 1 corrects the Chapter number.

Status:

Signed into Law 4/9/2019

DEHA Position:No Position

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Number:
HB 47

An Act to amend Article 24 of the Delaware Code relating to Minimum Wage.  This bill removes the training minimum wage, which takes effect 90 days after enactment, and youth minimum wage, which takes effect January 1, 2020.

Status:

Introduced and Assigned to Economic Development/Banking/Insurance & Commerce Committee in House

DEHA Position:No Position

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Number:
HB 52

An Act to amend Article 24 of the Delaware Code relating to Unborn Children.  The Act protects the life of the unborn child at a time when the potential for the child to survive outside the womb increases, especially with the advancement of medical procedures. Specifically, this Act repeals the current sections of the Delaware Code relating to termination of human pregnancy and enacts The Pain-Capable Unborn Child Protection Act. Substantial medical evidence exists that an unborn child is capable of experiencing pain by 20 weeks after fertilization. As set forth in this Act, the General Assembly has the constitutional authority to make this judgment under decisions by the U.S. Supreme Court decisions. In enacting The Pain-Capable Unborn Child Protection Act, Delaware is not asking the U.S. Supreme Court to overturn or replace the holding in Roe v. Wade. Rather, it asserts a separate and independent compelling state interest in unborn human life that exists once the unborn child is capable of experiencing pain.

Status:

Introduced and Assigned to Health & Human Development Committee in House

DEHA Position:No Position

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Number:
HB 53

An Act to amend Article 24 of the Delaware Code relating to the Offer of an Ultrasound Before Terminating a Pregnancy.  This Act requires a physician to offer a patient ultrasound imaging and auscultation of fetal heart tone services before terminating a pregnancy and provides civil and criminal penalties for the failure of a physician to comply with this requirement. The patient is free to choose not to view the ultrasound or listen to the heartbeat. This Act is known as "The Woman's Ultrasound Right to Know Act."

Status:

Introduced and Assigned to Health & Human Development Committee in House

DEHA Position:No Position

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Number:
HB 58

An Act to amend Article 14 of the Delaware Code relating to the Delaware Nursing Incentive Program.  This act will increase the numbers of Delaware nursing students eligible for the nursing incentive program by allowing Delawareans pursuing nursing careers at non-profit hospitals located in Delaware to be eligible for the program.  HA 1 clarifies the durational service requirement for the award leading to a Bachelor of Science in Nursing degree when the recipient is employed by a non-profit hospital located in Delaware.

Status:

Signed into Law 7/31/2019

 

DEHA Position:Support

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Number:
HB 61

An Act to amend Article 14 of the Delaware Code relating to the Uniform Controlled Substances Act.  Benzodiazepine drugs that are approved for medical use in the United States are classified by the federal Drug Enforcement Agency as Schedule IV. Fourteen benzodiazepine drugs are currently listed on Schedule IV of the Uniform Controlled Substances Act, § 4720 of Title 16. Benzodiazepine drugs have a serious potential for abuse. This Act adds both additional benzodiazepine drugs by name and the category of benzodiazepine drugs to Schedule IV of the Uniform Controlled Substances Act so that all current and future benzodiazepine drugs are included on Schedule IV in Delaware, whether or not the specific drug is approved for medical use in the United States.

Status:

Signed into Law 6/19/2019

DEHA Position:Support

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Number:
HB 62

An Act to amend Article 29 of the Delaware Code relating to the Delaware Nursing Home Residents Quality Assurance Commission. This Act revises the Delaware Nursing Home Resident's Quality Assurance Commission by doing all of the following: 1. Restores language regarding staffing and support from the Department of Justice that was repealed in error by House Bill No. 225 as amended by House Amendment No. 1 in the 149th General Assembly. 2. Revises membership to decrease the number of vacancies. 3. Makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.  HA 1 provides that the advocate members of the Commission can be advocates for people with disabilities, in addition to advocates for the elderly.

Status:

Signed into Law 6/5/2019

DEHA Position:No Position

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Number:
HB 74

An Act to amend Article 13 of the Delaware Code regarding Dissemination of Personal Information.  This bill enables a key component of the Take Care Delaware program, a partnership between law enforcement and schools to adopt a trauma-informed approach to children who have been identified at the scene of a traumatic event. The Take Care Delaware program, which will start as a pilot, operates by a police officer or emergency-care provider alerting a child’s school about the child’s presence at a traumatic event that the police officer or emergency-care provider responded to. In order to avoid violations of the State Bureau of Investigation’s dissemination statute and the Victim’s Bill of Rights in Title 11, this bill creates a narrow exception to both statutes that allows police officers and emergency-care providers to send the child’s name to their school district or charter school so that the child’s teachers can ensure the child is handled in a trauma-informed way. The Take Care Delaware program is based on the national “Handle With Care” model and includes training and other best practices for law enforcement and schools to prevent and mitigate the negative impact of childhood exposure to trauma.  HA 1makes minor changes for consistency by replacing “minor child” with “student” in the specified lines.

Status:

Signed into Law 7/26/2019

DEHA Position:None

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Number:
HB 79

An Act to amend Title 16 of the Delaware Code regarding Default Beverages in Childrens’ Meals in Restaurants.  This bill requires the State food safety standards for restaurants to include a system for requiring healthy beverages to be offered as the default beverage with a combination children’s meal inclusive of a drink, sold together at a unit price. It does not prohibit the restaurant’s ability to sell, or a customer’s ability to choose, a substitute or alternative beverage as-requested by a customer. This effectively creates an “opt in” instead of an “opt out” for many sugar-rich drink choices for children. This bill also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.  HA 1clarifies that this bill will not lead to additional fines or penalties for restaurants. There will not be any special or additional fines levied for violation of this section. DPH can still perform re-inspections in the usual course of business with the food code. This is distinct from the Wilmington ordinance which specifically does have fines.  HA 2 adds 2% dairy milk to the list of items that may be offered as a default beverage for children’s meals that include a beverage. This amendment further corrects a typographical error in the Section 2 location.

Status:

Signed into Law 7/17/2019

DEHA Position:No Position

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Number:
HB 81

An Act to amend Article 13 of the Delaware Code relating to Child Support.  This Bill clarifies language allowing for the direct deposit of child support owed and collected by employers from individuals under a support order from the Family Court. In addition, this Bill requires employers who have 50 or more employees to send payments to the Division of Child Support Services by electronic funds transfer and allows employers with less than 50 employees to do the same. Finally, the bill requires payments made via electronic transfer to be made before or at the time the employee is paid.

Status:

Signed into Law 6/19/2019

DEHA Position:No Position

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Number:
HB 82

An Act to amend Article 16 of the Delaware Code relating to Health & Safety.  The bills eliminates the requirement that an institution provide notary services to parents of new born children for the purpose of executing an acknowledgment of paternity. This bill also eliminates the requirement that an acknowledgment of paternity be notarized and that it only be witnessed by someone who is not a parent or relative of either parent.

Status:

Stricken in House

DEHA Position:Support

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Number:
HB 89

An Act to amend Article 16 of the Delaware Code relating to the.  This bill updates the members of the Childhood Lead Poisoning Advisory Committee to include additional stakeholders, and directs the Committee to report to the General Assembly on the effectiveness of the Act, ways to improve the Act, and other measures that should be taken by the State of Delaware to prevent lead poisoning in children.
 

Status:

Signed into Law 5/15/2019

DEHA Position:No Position

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Number:
HB 91

An Act to amend Article 16 of the Delaware Code relating to Hospitals.  This Act updates the definition of hospital, raises the fees associated with hospital licensing, and imposes an additional fee for plan reviews prior to construction or renovation of hospitals.  HA 1 makes clear that the Department of Health and Social Services has the authority to collect fees and fines, with such fees or fines being appropriated to the Department to defray operating expenses associated with implementation of the Chapter. 

Status:

Signed into Law 6/26/2019

DEHA Position:Support

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Number:
HB 93

An Act to amend Article 29 of the Delaware Code relating to the Division of Developmental Disabilities Services. This Act tightens the role and responsibilities of the Division of Developmental Disabilities Services (DDDS) so that it more aptly aligns with the current state of the agency. This act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

Status:

Signed into Law 6/5/2019

DEHA Position:No Position

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Number:
HB 94

An Act to amend Article 13 of the Delaware Code relating to Child Support Liens on Insurance Claim Payments.  This Act will increase payments of child support arrears or retroactive support from payments for settlements and awards from negligence, personal injury, and workers compensation cases by requiring that all insurers share information with an insurance claim data collection organization. The Division of Child Support Services ("Division") uses an insurance claim data collection organization to match individuals who are in arrears on child support or who owe retroactive child support with individuals with insurance claims based upon negligence, personal injury, or workers' compensation cases. The data collection organization performs a data match of the claimants provided by insurers and child support obligors provided by the Division. The data collection organization provides reports of matches to the Division so that the Division can issue a lien against the insurance claim to collect the child support arrears or retroactive support. Currently, some insurers voluntarily submit claim information to the insurance claim data collection organization and in 2018, $424,977 in unpaid child support was collected through this process. This Act requires that all insurers submit claim information to the insurance claim data collection organization and is expected to collect an additional $150,000 - $200,000 in unpaid child support. This Act also allows written notice of a lien or action to perfect the lien to be sent by electronically or by first class mail to conform to industry practices. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

Status:

Signed into Law 6/13/2019

DEHA Position:No Position

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Number:
HB 98

An Act to amend Article 30 of the Delaware Code relating to Tobacco Product Taxation and Licensing.  This act imposes a tax at the rate of 15% of the wholesale cost of a premium cigar. A premium cigar means any roll for smoking that is made entirely of tobacco with a wrapper, binder and filler that is 100 percent leaf tobacco, is hand rolled and contains no filter or tip or any mouthpiece consisting of material other than tobacco or additional tobacco flavoring.

Status:

Assigned to Appropriations Committee in House

DEHA Position:No Position

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Number:
HB 100

An Act to amend Article 30 of the Delaware Code relating to Free Public Schools. This Act establishes a mental health services unit for Delaware elementary schools. The unit is at a ratio of 250 full-time equivalent students, grades K-5 for a full-time school counselor, school social worker, or licensed clinical social worker. Additionally, a unit ratio of 700 full time equivalent students for grades K-5 for employment of a full-time school psychologist. This Act defines “mental health services” as prevention, response, and coordination services delivered to students in elementary schools. Mental Health disorders are the most common health problem for school aged youth. According to the National Institute of Mental Health (NIMH), one in five youth are affected by a mental health disorder. Additionally, 50% of lifetime mental illnesses begin by age 14. Untreated mental illness leads to negative outcomes including increased risk of dropout, homelessness, substance abuse, other chronic illnesses, incarceration, and possibly suicide. According to the National Alliance on Mental Health, ninety percent of people who have taken their own life have had an underlying mental health condition, and suicides are on the rise. According to the Center for Disease Control and Prevention, suicides are now the second leading cause of death for youth ages 10-14. Delaware schools need trained and experienced mental health professionals to provide prevention and support programs and services to students. Currently, as reported by Delaware school districts, 86% of elementary schools do not employ a school social worker, and ratios of students to school counselors and school psychologists far exceed national best practices. This bill will lower ratios and increase access to mental health services for elementary school students.

Status:

Assigned to Appropriations Committee in House

DEHA Position:No Position

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Number:
HB 101

An Act to amend Article 14 of the Delaware Code relating to Education.  This Act requires high needs elementary schools, including high needs elementary charter schools, to have school-based health centers. The State will pay the start-up costs for each school-based health center at 2 centers per year until each high needs elementary school has a center. High needs elementary schools are defined as any elementary school in the top quartile of 3 or more in percentage of low-income students, percentage of English learners, percentage of students with disabilities, percentage of minority students, or having 90% of its students classified as low-income, English learners, or minority. This act also allows high needs elementary schools having pre-existing school-based health centers to apply for reimbursement of previously expended funds necessary to establish said health center.

Status:

Assigned to Appropriations Committee in House

DEHA Position:No Position

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Number:
HB 103

An Act to amend Article 29 of the Delaware Code relating to the Division of Substance Abuse and Mental Health.  This bill reflects in greater detail the work performed by DSAMH and ensures that DSAMH has the appropriate authority to license and oversee community mental health providers as they do with SUD facilities. DSAMH essentially already does this when they draft their contracts, so providers are already required to meet their specific standards. This bill establishes uniform standards for providers. 

Status:

Signed into Law 6/19/2019

DEHA Position:No Position

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Number:
HB 104

An Act to amend Article 16 of the Delaware Code relating to the Behavioral and Mental Health Commission.  This bill addresses the Behavioral and Mental Health Commission and functionally narrows its scope to peer review responsibilities. This peer review function provides independent oversight to Delaware’s mental health system without authority to force changes on the State. Much of the current broader responsibilities of the larger Commission overlap with the Governor’s Advisory Committee to DSAMH. The proposed changes do not replace or eliminate the Addiction Action Committee. This is merely to ensure that all commissions and committees have their own discrete area in which to focus.  HA 1 adds a representative from the Delaware Healthcare Association to the Adult Mental Health Peer Review Commission and requires representatives of the mental health peer community to be certified in order to serve on the Commission.

Status:

Signed into Law 6/5/2019

DEHA Position:No Position

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Number:
HB 105

An Act to amend Article 18 of the Delaware Code relating to Health Insurance Contracts.  Step therapy protocols are a mechanism by which health insurance companies require patients to try one or more prescriptions drugs before coverage is provided for the actual drug prescribed by the patient’s health care provider. This Act creates a Step Therapy Exception Process whereby patients who are required by their insurance company to go through step therapy protocols can, under certain circumstances, bypass step therapy to obtain the initially-prescribed medication.

Status:

Substituted in House

DEHA Position:No Position

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Number:
HS 1 for HB 105

An Act to amend Article 18 of the Delaware Code relating to Health Insurance Contracts.  Step therapy protocols are a mechanism by which health insurance companies require patients to try one or more prescriptions drugs before coverage is provided for the actual drug prescribed by the patient’s health care provider. This Act creates a Step Therapy Exception Process whereby patients who are required by their insurance company to go through step therapy protocols can, under certain circumstances, bypass step therapy to obtain the initially-prescribed medication. This Act does not apply to state or federal governmental plans.

Status:

Signed into Law 6/18/2019

DEHA Position:No Position

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Number:
HB 110

The Delaware Marijuana Control Act regulates and taxes marijuana in the same manner as alcohol. It allows adults over the age of 21 to legally possess and consume under 1 ounce of marijuana for personal use. It does not permit people to grow their own marijuana. Section 1: Amends Chapter 47 of Title 16 to provide that the offenses and penalties under Uniform Controlled Substances Act do not apply to marijuana-related conduct allowed under the Delaware Marijuana Control Act or the Delaware Medical Marijuana Act, Chapter 49A of Title 16. Section 2: Amends § 4764 of Title 16 to eliminate any penalty for possessing 1 ounce or less of marijuana for individuals over the age of 21 but maintains the existing civil penalty for possession of 1 ounce or less for adults age 18 to 21. Section 3: Amends § 4902A of Title 16 so that the definition of a registered safety compliance facility includes not just marijuana produced for medical use but also marijuana produced under the Delaware Marijuana Control Act. Section 4: Amends § Chapter 4 of Title 4 to expand DATE’s duties and powers to the Delaware Marijuana Control Act. Section 5: This Act creates the Delaware Marijuana Control Act. Subchapter I contains definitions and general provisions. Where definitions or analogous provisions exist in the Delaware Code, the definitions are referenced and the language from existing statutes is used. This section of the Act permits individuals over age 21 to possess, use, purchase, or transport 1 ounce (28 grams) or less of marijuana, no more than 5 grams of which may be concentrated, by individuals 21 years of age or older if the individuals are in compliance with this chapter. It permits the operation of marijuana businesses if they operate under licenses granted under Chapter 49A of Title 16, but imposes the same limits on hours and holiday sales as apply to sales of alcohol. It prohibits the use of marijuana in public, by drivers or passengers in vehicles, and prohibits the smoking of marijuana anywhere that smoking tobacco or ecigarettes is not permitted. Marijuana may not be sold in an establishment licensed to sell alcohol. Employers and some owners of residential housing can prohibit the use of marijuana. There are specific provisions imposing the same penalties as with alcohol sales, for individuals under the age of 21 using false identification to purchase marijuana, and for businesses that fail to verify the age of marijuana consumers. This Act creates the Delaware Marijuana Control Act Oversight Committee. This Oversight Committee will coordinate the implementation of this Act with the Medical Marijuana Program, the Division of Public Health, the Division of Substance Abuse and Mental Health, and the public. The Oversight Committee will review the effectiveness of the Delaware Marijuana Control Act in regard to the safe operation of facilities licensed under this Act, the impact of this Act on public safety, and the impact of this Act on public health. The Commissioner must submit an annual report to the Governor and the members of the General Assembly setting forth all matters of interest and all statistics concerning marijuana regulation and control in the State including: the number of licenses of each variety issued with the State; including the name and address of each person licensed to cultivate, manufacture, or sell marijuana or marijuana products in the State; the amount of marijuana and marijuana products sold within the State; and the number of licenses of each kind granted and the number cancelled during the year. Subchapter II creates the Marijuana Commissioner and Appeals Commission. The Commissioner has the power to conduct hearings if neighbors protest the license application of establishments that sell marijuana and subpoena power. It requires the Commissioner to coordinate with the Division of Small Business, Development, and Tourism so that potential businesses licensed under this Act have access to programs, particularly those that support small businesses owned by minorities, women, and veterans. Subchapter III sets up the regulations and licenses under the Delaware Marijuana Control Act. The Marijuana Commissioner has the authority to adopt regulations to implement this Act and includes specific requirements that marijuana establishments must meet to obtain licenses. Regulations must require that products containing marijuana use of a symbol and a standard measurement to be used on all marijuana products so they are easily identified as containing marijuana and consumers can identify the amount of marijuana in different products; be in opaque, child-resistant packaging; and contain a warning label explaining evidence-based harms from consuming marijuana, including the impact on developing brains. The regulations must also contain security requirements, testing requirements, advertising restrictions, and require that food products comply with State food safety laws. There are separate licensing requirements for retail marijuana stores, marijuana testing facilities, marijuana cultivation facilities, and marijuana product manufacturing facilities. The application fee for licenses is up to $5000, which is the same as the application fee for facilities under the Delaware Medical Marijuana program. There is a $10,000 biennial fee for each license issued under this Act, which is lower than the fee for compassion center under the Delaware Medical Marijuana program, with the exception of cultivation licenses that are determined by square footage of the grow rates. Within 10 months of the effective date of this Act, applications will be accepted from compassion centers and safety compliance facilities registered under Chapter 49A of Title 16 to operate as retail marijuana stores, marijuana cultivation facilities, marijuana product manufacturing facilities, and marijuana testing facilities. Subchapter IV creates the Marijuana Regulation Fund. This fund will consist of fees collected, penalties imposed, and taxes collected under this Act. It creates the marijuana control enforcement tax on retail marijuana in the amount of 15% that will be appropriated as determined by the General Assembly. Section 6: Creates a State tax deduction for all ordinary and necessary expenses paid or incurred by a marijuana establishment to reflect the inability of a business licensed under this Act to deduct these expenses from federal taxes and thus state taxes. This creates a more level playing field with other businesses. Section 7: Provides that the initial regulations required under this Act be adopted not later than 9 months after the effective date of this Act.  Section 8: This section allows for the expungement of prior marijuana related offenses as long as the individual has no convictions for violent felonies. Section 9: This section allows the Sunset Committee to review the Oversight Committee in 2024.

Status:

Assigned to Appropriations Committee in House

DEHA Position:Oppose

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Number:
HB 115

An Act to amend Article 24 of the Delaware Code relating to Prescriptions.  This Bill requires Podiatrists, Dentists, Doctors, Nurses and Optometrists who issue prescriptions to utilize electronic prescriptions except under certain exceptions.

Status:

Signed into Law 6/27/2019

DEHA Position:No Position

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Number:
HB 117

An Act to amend Article 6 of the Delaware Code relating to the Prohibition of Harmful Flame Retardants.  This Act prohibits the manufacture, sale, or distribution of children's products, upholstered furniture used in residences, and mattresses that contain harmful flame retardant chemicals. This Act does not apply to the resale of these items. These flame retardants have been found to cause cancer, particularly to firefighters who are extinguishing fires that involve products that contain these chemicals. This Act takes effect on July 1, 2020.

Status:

Substituted in House

DEHA Position:No Position

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Number:
HS 1 for HB 117

An Act to amend Article 6 of the Delaware Code relating to the Prohibition of Harmful Flame Retardants.  This Act prohibits the manufacture, sale, or distribution of children's products, upholstered furniture used in residences, and mattresses that contain harmful flame retardant chemicals. This Act does not apply to the resale of these items. These flame retardants have been found to cause cancer, particularly to firefighters who are extinguishing fires that involve products that contain these chemicals. This Act takes effect on July 1, 2020. House Substitute No. 1 for House Bill No. 117 differs from House Bill No. 117 by making technical changes for internal consistency and for consistency with other provisions of the Code.

Status:

Substituted in House

DEHA Position:No Position

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Number:
HS 2 for HB 117

An Act to amend Article 6 of the Delaware Code relating to the Prohibition of Harmful Flame Retardants.  This Act prohibits the manufacture, sale, or distribution of children's products, upholstered furniture used in residences, and mattresses that contain harmful flame retardant chemicals. This Act does not apply to the resale of these items. These flame retardants have been found to cause cancer, particularly to firefighters who are extinguishing fires that involve products that contain these chemicals. This Act takes effect on July 1, 2020. Like House Substitute No. 1 for House Bill No. 117, this Act makes technical changes to House Bill No. 117 for internal consistency and for consistency with other provisions of the Code. This Substitute differs from House Substitute 1 for House Bill No. 117 as follows: 1. It allows the electronic components within children’s products and upholstered furniture to contain the prohibited chemicals. 2. Revises the definition of “flame retardant chemical” to include only the harmful chemicals prohibited under this Act. 3. Makes additional technical corrections.

Status:

Assigned to Economic Development/Banking/Insurance & Commerce Committee in House

DEHA Position:No Position

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Number:
HB 123

An Act to amend Article 12 of the Delaware Code relating to the Appointment of Guardians and the Office of the Public Guardian. This Act allows the Public Guardian to act as a representative payee for Social Security benefits or as a VA fiduciary for Department of Veterans Affairs benefits. This Act also allows the Court to appoint a guardian with limited powers, to act as guardian for specific areas of decision-making or for a specific term. By making these changes, this Act will allow the Public Guardian to serve in a more limited role where appropriate, and assist more Delawareans who need short-term assistance, such as to qualify for Medicaid in order to arrange for long-term care or to handle routine financial matters but not make decisions about the care of the person. The ability to serve in a more limited role will increase the Public Guardian's capacity to assist people while the Non-Acute Patient Medical Guardianship Task Force studies options and develops recommendations to improve non-acute patient transitions from acute care settings to more appropriate locations. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

Status:

Substituted in House

DEHA Position:No Position

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Number:
HS 1 for HB 123

An Act to amend Article 12 of the Delaware Code relating to the Appointment of Guardians and the Office of the Public Guardian.  This Act allows the Public Guardian to act as a representative payee for Social Security benefits or as a VA fiduciary for Department of Veterans Affairs benefits. This Act also allows the Court to appoint a guardian with limited powers, to act as guardian for specific areas of decision-making or for a specific term. By making these changes, this Act will allow the Public Guardian to serve in a more limited role where appropriate, and assist more Delawareans who need short-term assistance, such as to qualify for Medicaid in order to arrange for long-term care or to handle routine financial matters but not make decisions about the care of the person. The ability to serve in a more limited role will increase the Public Guardian's capacity to assist people while the Non-Acute Patient Medical Guardianship Task Force studies options and develops recommendations to improve non-acute patient transitions from acute care settings to more appropriate locations. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. House Substitute No. 1 for House Bill No. 123 differs from House Bill No. 117 by clarifying that limited guardianships can be ordered for specific purposes, the process for terminating a limited guardianship, and that the Public Guardian serves as a representative payee or VA Fiduciary of last resort.

Status:

Ready for Governor's Action

DEHA Position:Support

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Number:
HB 140

An Act to amend Article 16 of the Delaware Code relating to End of Life Options.  This Act permits a terminally ill individual who is an adult resident of Delaware to request and self-administer medication to end the individual's life in a humane and dignified manner if both the individual's attending physician and a consulting physician agree on the individual's diagnosis and prognosis and believe the individual has decision-making capacity, is making an informed decision, and is acting voluntarily. This Act uses terms and definitions that are consistent with other Delaware laws in Title 16, specifically Chapter 25 (regarding advance health-care directives) and Chapter 25A (regarding Delaware Medical Orders for Scope of Treatment). This Act also provides the following procedural safeguards: 1. No one may request medication to end life on behalf of another individual. 2. An individual cannot qualify for medication to end life under this chapter solely because of the individual's age or disability. 3. Both the individual's attending physician and a consulting physician must confirm that the individual has a terminal illness and a prognosis of 6 months or less to live, has decision-making capacity, is making an informed decision, and is acting voluntarily. 4. The individual's attending physician must also provide specific disclosures to the individual to ensure that the individual is making an informed decision, including the presentation of all end of life options which include comfort care, hospice care, and pain control. 5. The individual must be evaluated by a psychiatrist or a psychologist if either the attending or consulting physicians are concerned that the individual lacks decision-making capacity. 6. The individual must complete a witnessed form requesting medication to end life and there are limitations on who can witness the signing of the form. 7. The attending physician must offer the individual the opportunity to rescind the request for medication to end life before writing a prescription for the medication. 8. Two waiting periods must pass before the attending physician may prescribe the medication to end life. 9. An insurer or health-care provider may not deny or alter healthcare benefits otherwise available to an individual based upon the availability of medication to end life or otherwise coerce or require a request for medication to end life as a condition of receiving care. 10. A health-care institution may prohibit a physician from prescribing medication to end life on the health-care institution's premises. 11. The cause of death for an individual who self-administers medication under this Act must be listed as the underlying terminal condition and a request or prescription for or the dispensing of medication under this Act does not constitute a suicide, assisted-suicide, homicide, or euthanasia. 12. People acting in good faith and in accordance with generally accepted health-care standards under this Act have immunity, but those acting with negligence, recklessness, or intentional misconduct do not have criminal or civil immunity. 13. The Department of Health and Social Services must develop rules and regulations to collect information regarding compliance with this Act, complete an annual statistical report of information collected under this Act, and may review samples of records maintained under this Act. This Act is known as "The Ron Silverio/Heather Block End of Life Options Law" in memory of Ron Silverio and Heather Block, who were passionate advocates that passed away without this option becoming available to them.

Status:

Introduced and Assigned to Health & Human Development Committee in House

DEHA Position:Oppose

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Number:
HB 141

An Act to amend Article 16 of the Delaware Code relating to the Medical Marijuana Act.  New daily persistent headache (NDPH) is a rare headache disorder characterized by daily and unremitting headaches that can last up to 3 days. Headache onset is abrupt and the throbbing, pressure-like pain is usually on both sides of the head. In order to be diagnosed with this syndrome, a patient has chronic daily headaches that are present more than 15 days a month for more than 3 months. The age of onset ranges from 6 to greater than 70 years old. It is found to be more common in females in both the adult and pediatric populations. Currently, there is no specific treatment for NDPH. Instead, most are treated similarly to migraines with prescriptions to opiates or narcotics such as gabapentin. In order to avoid the development of medication overuse or addiction, however, physicians do not advise patients to use pain relievers for more than 9 days a month even though the pain persists for many days more than that. Moreover, NDPH is an intractable headache disorder that is unresponsive to standard headache therapies. This bill adds new daily persistent headache and chronic debilitating migraines to the list of chronic or debilitating medical conditions for which a child under 18 may qualify as a patient to receive marijuana oil upon certification by a physician in accordance with the terms of the Delaware Medical Marijuana Act. This bill also adds new daily persistent headache to the list of chronic or debilitating medical conditions that qualifies an adult to be eligible for the use of medical marijuana.  HA 1 clarifies that in order for a child under the age of 18 who has chronic debilitating migraines and new daily persistent headache to qualify as a patient to receive marijuana oil upon certification by a physician, the headaches must be resistant to conventional treatment and interventions.

Status:

Signed into Law 6/13/2019

DEHA Position:No Position

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Number:
HB 142

An Act to amend Article 13 of the Delaware Code relating to the Domestic Violence Coordinating Council.  This Act adds one more member, a licensed health care professional knowledgeable in the screening and identification of domestic violence cases appointed by the Council, to the Fatal Incident Review Team of the Domestic Violence Coordinating Council. The Act also updates language regarding victims of domestic violence to include survivors. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.  SA 1 makes a technical correction.
 

Status:

Signed into Law 7/17/2019
 

DEHA Position:No Position

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Number:
HB 144

An Act to amend Article 11 of the Delaware Code relating to Assault.  House Bill 212 enacted by the 148th General Assembly (80 Del. Laws c. 287) expanded the offense of Assault in the Second Degree to include the intentional assault of ambulance operators, rescue squad members, and nurses injured while performing work-related duties. As a result of increasing workplace violence directed against healthcare providers, this Act further defines Assault in the Second Degree to include other health care treatment providers and employees and hospital security personnel who are injured while performing their work related duties.
 

Status:

Out of Committee in House
 

DEHA Position:Support

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Number:
HB 146

An Act to amend Article 11 of the Delaware Code relating to Health Insurance.  This bill makes three changes to health insurers and their relationships to providers. First, it limits the number of records that can be requested by a payer from a provider for post claim adjudication audits within a specific period of time. Second, it establishes a minimum filling standard for claims to be made. And third, it details requirements for electronic medical claim submissions and payment remittance. The goal is to reduce the overall cost to collect and make the process of claims, payments, and post claim adjudication audits more efficient especially as more insurers require electronic claims.
 

Status:

Signed into Law 7/17/2019

DEHA Position:Support

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Number:
HB 155

An Act proposing an amendment to Article VIII, # 6 of the Delaware Constitution relating to Limitations on Appropriations.  This Act is the first leg of a Constitutional Amendment reflecting the recommendations of the Advisory Panel to the Delaware Economic and Financial Advisory Council (DEFAC) on Potential Fiscal Controls and Budget Smoothing Mechanisms established as per House Joint Resolution 8 of the 149th General Assembly (Panel). This Act would build upon the State’s existing appropriation limit methodology by moving the Budget Reserve Account into a newly defined Budget Stabilization Fund, defining rules for deposits to and withdrawals from said Budget Stabilization Fund, and adding a check of the appropriation limit against an index comprised of relevant indicators of growth of the State’s economy. The Panel further recommended that any final adoption of the structural budget reforms included in this Act be accompanied by statutory enactment of structural reforms to the Personal Income Tax by broadening the tax base as initially recommended by the DEFAC Advisory Council of Revenues report dated May 2015 and further detailed in the Panel’s report dated June 1, 2018.

Status:

Introduced and Assigned to Administration Committee in House

DEHA Position:No Position

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Number:
HB 166

An Act to amend Title 16 of the Delaware Code relating to Childhood Lead Poisoning Prevention Act.  At this time, blood lead level screening and testing rates are well below what the Division of Public Health would expect them to be based upon the risk factors that determine when screening or testing is necessary. This bill simplifies the requirements and the process for healthcare providers and eliminates confusion that may be causing the low compliance rate for screening or testing, and defines terms used in the Act. This bill mandates screening, defined as capillary blood test, at 12 and 24 months of age. The bill clarifies insurance coverage for the costs of compliance with the Act. The Division of Public Health is also directed to report on elevated blood lead levels to the General Assembly annually and to develop regulations to implement and enforce the Act within 12 months of being enacted.

Status:

Out of Committee in House

DEHA Position:Oppose

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Number:
HB 169

An Act to amend Title 24 of the Delaware Code relating to Physician Assistants.  This bill changes the relationship between physicians and physician assistants from supervisory to collaborative, in recognition of the evolving role of physician assistants and reflecting the education, training, and experience required for licensing, which emphasizes the team-based practice model. The bill retains a 1:4 ratio of physician assistants to physicians, unless a regulation of the Board increases or decreases the number. This limit of 1:4 does not apply to physicians and physician assistants who practice in the same physical office or facility building, such as an emergency department. This bill increases the number of Board of Medical Licensure and Discipline members from 16 to 18, to include two physician assistant members appointed by the Regulatory Council for Physician Assistants. The bill authorizes physician assistants to participate as uncompensated volunteers in public or community events.

Status:

Introduced and Assigned to Sunset Committee (Policy Analysis & Government Accountability) Committee in House

DEHA Position:No Position

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Number:
HB 171

An Act to amend Title 11 of the Delaware Code relating to the Establishment of Certificates of Rehabilitation.  This bill creates certificates of rehabilitation, an essential resource states can offer to support reentry, and promote public safety, by lifting statutory bars to jobs, licenses or other necessities such as housing that result from a conviction history. Certificates may be used to provide a way for qualified people with criminal records to demonstrate rehabilitation or a commitment to rehabilitation. At least six states currently have laws authorizing certificates of rehabilitation or other similar means of removing legal barriers arising from a criminal record separate and apart from seeking a governor pardon. This bill creates certificates of rehabilitation to restore the rights of people with criminal records who have paid their debt to society.

Status:

Introduced and Assigned to Judiciary Committee in House

DEHA Position:No Position

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Number:
HB 172

An Act to amend Title 24 of the Delaware Code relating to creating a Psychology Interjurisdictional Compact (PSYPACT).  This Act, the Psychology Interjurisdictional Compact (PSYPACT), is an interstate compact designed to facilitate the practice of telepsychology and the temporary in-person, face-to-face practice of psychology across state boundaries. PSYPACT has become operational as at least seven states have enacted PSYPACT legislation. Through PSYPACT, licensed psychologists are able to apply for and use Association of State and Provincial Psychology Boards (ASPPB) certificates, which include the E.Passport to practice telepsychology and the Interjurisdictional Practice Certificate (IPC) to conduct temporary in-person, face-to-face practice in PSYPACT states.

Status:

Signed into Law 6/27/2019

DEHA Position:Support

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Number:
HB 174

An Act to amend Title 18 of the Delaware Code relating to the Insurance Data Security Act.  This Act establishes standards for data security for Title 18 licensees and standards for the investigation of and notification to the Commissioner of a cybersecurity event affecting Title 18 licensees.

Status:

Signed into Law 7/31/2019

DEHA Position:No Position

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Number:
HB 176

An Act to amend Titles 16 & 18 of the Delaware Code relating to the Delaware Health Insurance Individual Market Stabilization Reinsurance Program & Fund (the “Program”).  The Program will be administered by the Delaware Health Care Commission in order to provide reinsurance to health insurance carriers that offer individual health benefit plans in Delaware. The Program will be funded with pass-through funds received from the federal government under the Affordable Care Act, funds provided by the Federal Government for reinsurance, and through a 2.75% annual assessment based on insurance carrier’s premium tax liability.

Status:

Stricken in House

DEHA Position:No Position

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Number:
HB 183

An Act to amend Titles 19 of the Delaware Code relating to Worker’s Compensation Payments for Injuries or Death and Incidental Benefits.  This Act exempts healthcare provider services subject to the Federal Emergency Medical Treatment and Active Labor Act from the provisions of Subchapter II of Chapter 23 of Title 19 because these services are required by federal law and not elective under this subchapter. This exemption was removed by error in 2014 by House Bill No. 373, as amended by House Amendment Nos. 1 and 2, of the 147th General Assembly.

Status:

Introduced and Assigned to Labor Committee in House

DEHA Position:No Position

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Number:
HB 193

An Act to amend Titles 16 & 18 of the Delaware Code relating to the Delaware Health Insurance Individual Market Stabilization Reinsurance Program.  This Act creates the Delaware Health Insurance Individual Market Stabilization Reinsurance Program & Fund (the “Program”). The Program will be administered by the Delaware Health Care Commission in order to provide reinsurance to health insurance carriers that offer individual health benefit plans in Delaware. The Program will be funded with passthrough funds received from the federal government under the Affordable Care Act, funds provided by the Federal Government for reinsurance, and through a 2.75% annual assessment based on insurance carrier’s premium tax liability.

Status:

Signed into Law 6/20/2019

DEHA Position:No Position

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Number:
HB 194

An Act to amend Titles 18 of the Delaware Code relating to Pharmacy Benefit Managers. Over 80% of pharmaceuticals in the United States are purchased through pharmacy benefits manager (“PBM”) networks. PBMs serve as intermediaries between health plans, pharmaceutical manufacturers and pharmacies, and PBMs establish networks for consumers to receive reimbursement for drugs. Given the scope of PBMs in the healthcare delivery system, this Act is designed to provide enhanced oversight and transparency as it relates PBMs. Specifically, this Act does the following: (1) Requires PBMs to register with the Insurance Commissioner. (2) Permits the Insurance Commissioner to issue cease and desist orders based on fraudulent acts or violations of Chapter 33A of Title 18 committed by PBMs. (3) Requires PBMs to maintain certain records. (4) Permits the Insurance Commissioner to examine the affairs of PBMs. (5) Grants the Insurance Commissioner the authority to enforce Chapter 33A of Title 18 by imposing fines, requiring PBMs to take affirmative actions, and suspending, denying, or revoking a PBM’s registration. In addition, this Act updates existing law regarding maximum allowable cost lists and establishes a more transparent appeals process for a pharmacy to rely on if a PBM does not reimburse the pharmacy the amount owed under their contract or the maximum allowable cost list. Finally, this Act makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.  HA 1(1) Clarifies that this Act does not apply to plans of health insurance or health benefits designed for issuance to persons eligible for coverage under Medicare, Medicaid, or any other similar coverage under a State or federal government plan. (2) Changes Delaware Code section designations in the Act due to conflicts with existing Code section designations in Chapter 33 of Title 18. This avoids the need for the Code Revisors to redesignate the conflicting Code sections.

Status:

Signed into Law 7/17/2019

DEHA Position:No Position

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Number:
HB 216

An Act to amend Titles 18 of the Delaware Code relating to Reimbursement for and Provision of Prescription Drugs or Pharmacy services.  This Act authorizes a pharmacist or pharmacy to decline to dispense a prescription drug or provide a pharmacy service to an “insured” if the amount reimbursed by an entity subject to the Act is less than the pharmacy acquisition cost. This Act also prohibits a pharmacy benefits manager from reimbursing a pharmacist or pharmacy for a prescription drug or pharmacy service in an amount less than the pharmacy benefits manager reimburses itself or an affiliate for the same prescription drug or pharmacy service.

Status:

Out of Committee in House

DEHA Position:No Position

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Number:
HB 218

An Act to amend Titles 18 of the Delaware Code relating to Licensed Professional Art Therapists. This Act, the Art Therapist Reimbursement Act, expands consumers' access to mental health care by designating licensed professional art therapists as reimbursement-eligible under health insurance contracts in this State. By assuring parity and equity in health care, this Act not only secures art therapy services for consumers, but operates to increase the number of licensed professional art therapists available in this State to advance the State's comprehensive behavioral health, trauma-responsive, early-intervention, and student success initiatives. This Act also allows licensed professional art therapists to provide art therapy services in various treatment settings to expand mental health access in this State.

Status:

Out of Committee in House

DEHA Position:No Position

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Number:
HB 220

An Act to amend Titles 18 of the Delaware Code relating to Insurance Coverage for Drug & Alcohol Dependency & Medication Assisted Treatment.  This Act adds coverage for Medication Assisted Treatment ("MAT") for drug and alcohol dependencies to the mental health parity laws for health insurance. This Act requires health insurance carriers to provide coverage for prescription medications approved by the U.S. Food and Drug Administration for MAT at no greater financial burden than for prescription medication for other illness or disease, without step therapy requirements, and at the lowest tier of the drug formulary. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.  HA 1, clarifies that under current law and as amended by this Act, § 3343 of Title 18 does not apply to State-sponsored insurance plans under Title 29, and HA 2, defines "medication assisted treatment"; uses the term "medication assisted treatment" to identify medication approved for the treatment of drug and alcohol dependencies; requires that at least 1 formulation of each prescription medication for medication assisted treatment on each tier of a drug formulary be available without a step therapy requirement; and adds an effective date for this Act.

Status:

Signed into Law 8/13/2019

DEHA Position:No Position

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Number:
HB 230

An Act to amend Titles 16 of the Delaware Code relating to the Delaware Health Care Claims Database.  This Act allows the Delaware Health Information Network ("DHIN") to enter into an appropriate agreement with the State Council for Persons with Disabilities (“SCPD”) to provide access to all claims data reported to the Delaware Health Care Claims Database. The SCPD’s Brain Injury Committee (“BIC”) has been discussing the BIC’s need for data with the DHIN for over a year and the DHIN and the SCPD found that utilizing existing data collection systems is more cost-effective and efficient than setting up a separate registry for Delaware’s Traumatic Brain Injury (“TBI”) patients. Access to current and accurate TBI data from the Delaware Health Care Claims Database will assist the SCPD to do the following: 1. Enhance the ability to identify scope of service needs and gaps in services. 2. Enhance the ability to leverage federal funds because past grant opportunities were denied, in part, because of a lack of reliable and useful Delaware data. 3. Incorporate the use of the data into research studies on the effectiveness of services provided, return on efforts, and cost-effectiveness.

Status:

Signed into Law 7/23/2019

DEHA Position:Support

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Number:
HB 233

An Act to amend Titles 16 of the Delaware Code relating to the Uniform Controlled Substances Act.  This Act expands the definition of “prescription drug order” to include electronic prescribing and makes Gabapentin a Schedule V controlled substance. Gabapentin is a prescription medication which is used to treat partial seizures and neuropathic pain. However, Gabapentin is also used to increase the effects of opioids, which potentially increases the risk of overdose death when used in combination with opioids. Gabapentin has become a drug of abuse with users reporting effects such as euphoria, a marijuana-like high, and other users describing their state after taking the medication to be zombie-like. The United States has seen substantial increases in the rate of Gabapentin prescribing and abuse. Several states, including Kentucky, Ohio, and West Virginia, have already classified Gabapentin as a Schedule V controlled substance. Classifying Gabapentin as a Schedule V controlled substance in Delaware will permit the State to monitor the prescription of the drug and address issues of abuse.

Status:

Out of Committee in House

DEHA Position:No Position

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Number:
HB 234

An Act to amend Titles 16 of the Delaware Code relating to the Uniform Controlled Substances Act.  This Act gives the Delaware Secretary of State the authority to promulgate rules and regulations for the implementation of this Act. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

Status:

Signed into Law 7/23/2019

DEHA Position:No Position

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Number:
HB 239

An Act to amend Titles 16 of the Delaware Code relating to Informed Consent.  This Act prohibits a pelvic, rectal, or prostate examination by a health care practitioner or professional on an individual who is anesthetized or unconscious. This Act provides exceptions and they are if informed consent is provided, the examination is for diagnostic or treatment purposes, an emergency exists and the examination is necessary, or the examination is ordered by a court. The Act also defines informed consent as a signing of a consent form that is written in plain language, is dated, includes a description of the procedure to be performed and states that a medical student or resident may perform or be present during the examination. Finally, this Act provides that a health-care practitioner or professional who violates the section may be subject to discipline by the appropriate professional licensing board.  HA 1 clarifies the procedures that must be followed to obtain a court order for an examination for the collection of evidence when the patient is unconscious or anesthetized. This Amendment also provides an effective date which is 60 days after its enactment into law.

Status:

Ready for Governor's Action

DEHA Position:No Position

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Number:
HB 243

An Act to amend Titles 16 of the Delaware Code relating to the Cultivation of Medical Marijuana by Registered Qualifying Patients and Designated Caregivers.  This Act allows registered qualifying patients and registered designated caregivers to grow limited amounts of medical marijuana if the certain requirements are met.  This Act also gives the Department the authority to perform random inspections of home cultivation facilities and to require the production of the detailed monthly records. Unless there is credible reason to suspect a violation of this Act, the Department may only perform 2 inspections of the same location in a 12 month period. This Act also allows a landlord, homeowners association, or common interest communities to prohibit the cultivation of marijuana and requires that the annual report from the Medical Marijuana Act Oversight Committee provide data and recommendations regarding home cultivation of marijuana. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

Status:

Introduced and Assigned to Public Safety & Homeland Security Committee in House

DEHA Position:No Position

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Number:
HB 256

An Act to amend Title 19 of the Delaware Code relating to Background Checks for Employees, Contractors, and Volunteers of the Department of Health & Social Services. This bill requires criminal background checks for any current or prospective employees, contractors, and volunteers of the Division of Health and Social Services that visit families in their homes and in the community or have regular, direct access to children or adolescents under the age of 18. This background check includes fingerprinting for Delaware and national background checks as well as a check of the Child Protection Registry.

Status:

Introduced and Assigned to Health & Human Development Committee in House

DEHA Position:No Position

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Number:
HB 257

An Act to amend Title 16 of the Delaware Code relating to the Delaware Healthcare Commission.  This bill establishes a health care provider loan repayment program for qualifying primary care clinicians to be administered by the Delaware Health Care Commission. Under the loan repayment program, the Health Care Commission may grant education loan repayment grants to primary care clinicians of up to $50,000 per year for a minimum of 4 years. The Commission may give priority consideration to DIMER-participating students and participants in Delaware-based residency programs. Funding for the education loan repayment grants is contingent on and subject to an annual $1 million appropriation from the General Assembly, to be matched in an equal amount by Delaware’s health insurers. Hospitals that apply for grants on behalf of their qualifying clinicians must match the grant on a dollar-for-dollar basis. Eligible sites must be located in Health Professional Shortage Areas and must accept Medicare and Medicaid participants, and private practice sites must participate in the Department of Health and Social Services’ Voluntary Initiative Program.

Status:

Introduced in House and Assigned to Health & Human Development Committee

DEHA Position:None

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House Concurrent Resolutions

Number:
HCR 3

This concurrent resolution designates the week of February 10-16, 2019, as “Children of Alcoholics Week” and calls upon Delawareans to break the silence and talk to their family and friends about alcoholism.

Status:

Passed in House & Senate

DEHA Position:No Position

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Number:
HCR 6

This Concurrent Resolution recognizes January, 2019 as Human Trafficking Awareness Month in Delaware.

Status:

Passed in House & Senate

DEHA Position:No Position

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Number:
HCR 14

This House Concurrent Resolution designates the 21st day of the Month of March, 2019 as “Rock Your Socks for World Down Syndrome Day”and celebrates the beauty and contributions that people with Down syndrome make in Delaware.

Status:

Passed in House & Senate

DEHA Position:No Position

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Number:
HCR 19

This House Concurrent Resolution recognizes March 26, 2019, as "Rare Disease Day" in Delaware.

Status:

Passed in House & Senate

DEHA Position:No Position

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Number:
HCR 24

This House Concurrent Resolution recognizes April 2019 as “Autism Awareness Month” and Autism Delaware's 20 years of service to the people of Delaware.

Status:

Passed in House & Senate

DEHA Position:No Position

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Number:
HCR 26

This House Concurrent Resolution designates April 2, 2019 AS "EQUAL PAY DAY" in the State of Delaware.

Status:

Passed in House & Senate

DEHA Position:No Position

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Number:
HCR 31

This resolution recognizes March 30, 2019 as Endometriosis Awareness Day in Delawareto help raise awareness, gain research, and show support to its sufferers.

Status:

Passed in House & Senate

DEHA Position:No Position

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Number:
HCR 32

This resolution designates the month of May 2019, as “Trauma Awareness Month”and calls upon Delawareans to educate themselves on the impact of trauma and promote awareness and resiliency in their families and communities.

Status:

Passed in House & Senate

DEHA Position:No Position

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Number:
HCR 35

This House Concurrent Resolution establishes an Interagency Pharmaceuticals Purchasing Study Group ("Study Group") to coordinate the existing efforts to leverage bulk purchasing to negotiate lower prices and make recommendations to maximize the opportunities to coordinate State-funded pharmaceutical purchases.

Status:

Passed in House & Senate

DEHA Position:No Position

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Number:
HCR 43

This resolution encourages State of Delaware employees to make informed decisions about their health care during Open Enrollment and throughout the year as an important step to help control rising health care costs and to maintain high quality, affordable benefit options now and in the future.

Status:

Passed in House & Senate

DEHA Position:No Position

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Number:
HCR 52

This resolution urges the Director of the Delaware Division of Public Health to designate Alzheimer's Disease and other dementias as public health issues.

Status:

Passed in House & Senate

DEHA Position:None

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Number:
SCR 57

This Concurrent Resolution establishes a task force to study pharmacy reimbursement practices in Delaware and the best practices and laws of other states to develop recommendations for action by the General Assembly or others.

Status:

Passed in House & Senate

DEHA Position:None

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House Joint Resolutions

Number:
HJR 6

This Joint Resolution calls on the Behavioral Health Consortium to issue legislative and regulatory recommendations which would increase access to the total number of Medication Assisted Treatment prescribers among all providers.

Status:

Signed into Law 8/13/2019

DEHA Position:No Position

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House Resolutions

Senate Bills

Number:
SB 8

An Act to amend Title 19 and Title 29 of the Delaware Code and Chapter 280, Volume 81 of the Laws of Delaware relating to Collective Bargaining for State Employees.  This Act makes compensation a mandatory subject of bargaining for any group of employees who have joined together for purposes of collective bargaining and certified a labor organization to serve as the group's exclusive collective bargaining representative. This Act also eliminates any deadline for reaching an agreement pertaining to compensation. Finally, this Act repeals a portion of Section 8 of Chapter 280 of Volume 81 of the Laws of Delaware, the Fiscal Year 2019 Budget Act, that pertains to the collective bargaining process repealed by Section 2 of this Act. 

Status:

Substituted in Senate

DEHA Position:No Position

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Number:
SS 1 for SB 8

An Act to amend Title 19 and Title 29 of the Delaware Code and Chapter 280, Volume 81 of the Laws of Delaware relating to Collective Bargaining for State Employees.  This Act eliminates the set bargaining unit classifications established in 19 Del. C. § 1311A(b) and allows exclusive representatives of bargaining units to work with the Secretary of the Department of Human Resources to organize or consolidate bargaining units in a manner in which they can agree for purposes of collective bargaining. It also eliminates the requirement that exclusive bargaining representatives of exclusive bargaining units form a coalition for collective bargaining. The Act eliminates the provision allowing for an employee organization to seek to be certified for unrepresented employees. The Act provides that parties may engage in collective bargaining for compensation in conjunction with or separately from collective bargaining for terms and conditions. It requires that the negotiation of collective bargaining agreements be staggered over time while providing that collective bargaining agreements currently in place remain in place until they expire by their own terms. While the Act allows for exclusive representatives to bargain for different pay rate increases, it prohibits the compensation of bargaining units from exceeding the pay ranges for each pay grade as established each year in the appropriations act. In addition, it retains the existing scope of bargaining contained in 19 Del.C. Section 1311A(a). Finally, this Act makes technical revisions to conform with the Delaware Legislative Drafting Manual.

Status:

Signed into Law 5/30/2019

DEHA Position:No Position

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Number:
SB 15

An Act to amend Title 16 of the Delaware Code relating to the Provision of Information about Lyme Disease.  This Act, modeled on similar laws in Virginia and Maryland, requires a health-care provider to provide notice to a patient at the time blood is drawn to perform a laboratory test for Lyme disease that explains the limitations of the test and instructs the patient to see their health-care provider if the patient continues to experience unexplained symptoms. This Act is consumer and patient friendly.  SA 1 revises the language in the notice provided to patients and sunsets this Act in 3 years, unless extended by the General Assembly.

Status:

Signed into Law 8/21/2019

DEHA Position:Oppose

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Number:
SB 17

An Act to amend Title 18of the Delaware Code relating to Genetics Based Discrimination.  The use of genetic information in disqualifying coverage for non-health insurance products, such as disability insurance and long term care insurance, is a gap in the protection provided by the federal Genetic Information Nondiscrimination Act. As a result, patients who seek genetic counseling to determine whether they may be at risk for certain diseases, such as genetic testing for the BRCA gene to determine predisposition for breast and prostate cancers, are cautioned that a positive result could result in the person being denied insurance. The potential denial of insurance has a chilling effect on patients seeking genetic testing, blocking them from being proactive by putting in place a preventative care plan that would reduce the likelihood of them getting the specific disease in the future. This Act follows the lead of other states and prohibits discrimination based upon genetic characteristics and information in the issuance or renewal of disability and long term care insurance. This Act also provides a notice requirement if an insurer requires a genetic test. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.  SA 1 which removes language that is not applicable in Delawarewas placed with the Bill.

Status:

Introduced and Assigned to Banking, Business & Insurance Committee in Senate

DEHA Position:Support

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Number:
SB 19

An Act to amend Title 24 of the Delaware Code relating to the Offer of an Ultrasound Before Terminating a Pregnancy.  This Act requires a physician to offer a patient ultrasound imaging and auscultation of fetal heart tone services before terminating a pregnancy and provides civil and criminal penalties for the failure of a physician to comply with this requirement. The patient is free to choose not to view the ultrasound or listen to the heartbeat. This Act is known as "The Woman's Ultrasound Right to Know Act."

Status:

Introduced and Assigned to Sunset Committee in Senate

DEHA Position:No Position

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Number:
SB 21

An Act to amend Title 24 of the Delaware Code relating to Unborn Children.  The Act protects the life of the unborn child at a time when the potential for the child to survive outside the womb increases, especially with the advancement of medical procedures. Specifically, this Act repeals the current sections of the Delaware Code relating to termination of human pregnancy and enacts The Pain-Capable Unborn Child Protection Act. Substantial medical evidence exists that an unborn child is capable of experiencing pain by 20 weeks after fertilization. As set forth in this Act, the General Assembly has the constitutional authority to make this judgment under decisions by the U.S. Supreme Court decisions. In enacting The Pain-Capable Unborn Child Protection Act, Delaware is not asking the U.S. Supreme Court to overturn or replace the holding in Roe v. Wade. Rather, it asserts a separate and independent compelling state interest in unborn human life that exists once the unborn child is capable of experiencing pain.

Status:

Introduced and Assigned to Sunset Committee in Senate

DEHA Position:No Position

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Number:
SB 24

An Act to amend Title 24 of the Delaware Code relating to Medical Marijuana.  This Act allows a patient to qualify for a valid registry identification card to purchase and use medical marijuana for any condition that a physician certifies that medical marijuana would likely provide a therapeutic or palliative benefit. This Act removes the requirement that only certain specialists may certify the use of medical marijuana if the patient is younger than 18 years old. This Act retains the requirement that qualifying patients younger than 18 years old may only receive marijuana oil.

Status:

Substituted in Senate

DEHA Position:Oppose

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Number:
SS1 for SB 24

An Act to amend Title 16 of the Delaware Code relating to Medical Marijuana.  This Substitute differs from Senate Bill No. 24 by requiring a patient to apply for a compassionate use medical marijuana card when a doctor recommends medical marijuana to a patient who does not have a qualifying debilitating medical condition. To apply for a compassionate use card, this Substitute requires: 1. The patient, or it under age 18, the patient’s parent or legal guardian, submit a signed statement attesting to the patient's informed consent to try a treatment that does not have medical evidence of effectiveness. 2. The patient’s physician certify that the patient has a severe and debilitating condition, current standard care practices and treatments have been exhausted, and there are grounds to support that the patient may benefit from this treatment. The physician must periodically re-evaluate the efficacy of the medical marijuana treatment. This Substitute also requires that a registry identification card state the type of card that is issued to clearly identify qualifying adult patients, qualifying pediatric patients, designated caregivers, and compassionate use patients. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.  SA 1clarifies that the Department of Health and Social Services may establish intervals of different lengths for re-evaluation of the conditions for which a patient receives a compassionate use registry identification card.

Status:

Ready for Governor's Action

DEHA Position:No Position

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Number:
SB 25

An Act to amend Title 11, 16 and 30 of the Delaware Code relating to Delivery & Sales of Tobacco Products.  This Act restricts access to tobacco products and tobacco substitutes to individuals under age 21 by doing all of the following: 1. Prohibits sales of tobacco products or tobacco substitutes to individuals who are under 21. 2. Imposes a civil penalty for sales to individuals between the ages of 18 and 21. 3. Repeals the ability of a parent or guardian to purchase tobacco products or tobacco substitutes for a minor. 4. Revises the framework by which an employer may use an affirmative defense to the improper sale of tobacco products or tobacco substitutes, aligning the affirmative defense with the minimum age increase. 5. Adopts best practices for enforcement measures by modifying the prohibition against the purchase of tobacco products by minors. 6. Prohibits individuals under age 21 from entering vapor establishments. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.  SA 1allows employees under age 21 who are employed by a vapor establishment on the effective date of this Act to continue working at the vapor establishment if the vapor establishment provides the required documentation to the Division of Alcohol and Tobacco Enforcement. This Amendment also makes this Act effective 90 days after enactment.  SA 2revises the definitions of "tobacco product" and "tobacco substitute" for clarity and makes corresponding changes to related statutes.  SA 1 and SA 2 were placed with the Bill.

Status:

Substituted in Senate

DEHA Position:No Position

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Number:
SS 1 for SB 25

An Act to amend Title 11, 16 and 30 of the Delaware Code relating to Delivery & Sales of Tobacco Products.  This Act restricts access to tobacco products and tobacco substitutes to individuals under age 21 by doing all of the following: 1. Prohibits sales of tobacco products or tobacco substitutes to individuals who are under 21. 2. Imposes a civil penalty for sales to individuals between the ages of 18 and 21. 3. Repeals the ability of a parent or guardian to purchase tobacco products or tobacco substitutes for a minor. 4. Revises the framework by which an employer may use an affirmative defense to the improper sale of tobacco products or tobacco substitutes, aligning the affirmative defense with the minimum age increase. 5. Adopts best practices for enforcement measures by modifying the prohibition against the purchase of tobacco products by minors. 6. Prohibits individuals under age 21 from entering vapor establishments. This Substitute Bill differs from Senate Bill No. 25 as follows: 1. Revises the definitions of "tobacco product" and tobacco substitute" for clarity and makes corresponding changes to related statutes. 2. Allows employees under age 21 who are employed by a vapor establishment on the effective date of this Act to continue working at the vapor establishment if the vapor establishment provides the required documentation to the Division of Alcohol and Tobacco Enforcement. 3. Makes this Act effective 90 days after enactment. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.  HA1 which removes the shipping requirements imposed by SS 1 to SB 25 for tobacco substitutes was placed with the Bill.

Status:

Signed into Law 4/17/2019

DEHA Position:Support

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Number:
SB 27

An Act to amend Title 16 of the Delaware Code relating to Nursing.  This Act, named the Share the Care Act, permits an individual employed by a personal assistance services agency to administer medications to an adult individual who resides in the individual’s own home if a responsible caregiver does the following: 1. Authorizes the direct care worker to do so. 2. Prepackages the medication by date and time. 3. Provides written instructions regarding the administration procedure. 4. Enters into an agreement with a personal assistance services agency governing the administration of the medication by the direct care worker.  SA 1(1) Exempts controlled substances listed on Schedule II and IV from medications that can be administered by a direct care worker under this Act. (2) Clarifies the packaging instructions and increases the information that must be on each medication the direct care worker is to administer. (3) Requires that before administering medication under this Act, a direct care worker must complete a training program on the administration of medications that is approved by the Secretary of the Department of Health and Social Services (“Department”). (4) Requires that a direct care worker provide the documentation the worker keeps regarding administered medications to the personal assistance services agency that employs the worker and that the agency retains the documentation and makes it available to the Secretary of the Department of Health and Social Services on request. (5) Delays the implementation of this Act until the earlier of 1 year from the date of the Act’s enactment or the promulgation of final regulations to implement this Act by the Secretary and the publication of notice in the Register of Regulations that regulations required to implement this Act have been promulgated.

Status:

Signed into Law 6/13/2019

DEHA Position:No Position

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Number:
SB 28

An Act to amend Title 21 of the Delaware Code relating to Penalties for Unlawfully Parking in an Area Designated for or Using the Privileges of an Individual with a Disability.  This Act increases the penalties for parking in an area designated for a vehicle being used by an individual with a disability. For a first offense this Act increases the monetary penalty from $100 to $200. For a subsequent offense, this Act increases the monetary penalty from $200 to $300. The offenses subject to these increased penalties are included without change in lines 4 through 27 to add context. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

Status:

Signed into Law 6/5/2019

DEHA Position:No Position

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Number:
SB 29

An Act to amend Title 21 of the Delaware Code relating to Penalties for Unlawfully Parking in an Area Designated for or Using the Privileges of an Individual with a Disability.  This Act increases the penalties for parking in an area designated for a vehicle being used by an individual with a disability. For a subsequent offense, this Act increases the potential minimum imprisonment from 10 days to 15 days and the potential maximum imprisonment from 30 days to 35 days. The offenses subject to the increased penalty are included without change in lines 4 through 27 to add context. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.  

Status:

Introduced and Assigned to Transportation Committee in Senate

DEHA Position:No Position

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Number:
SB 32

An Act to amend Title 6 of the Delaware Code relating to Patient Brokering.  This Act prohibits the practice known as patient brokering, which is the practice where patient brokers are paid a fee to place insured people in treatment centers so that the treatment centers receive thousands of dollars in insurance claim payments for each patient. Increasingly, patient brokers fraudulently enroll patients in low-deductible health plans with out-of-network treatment benefits. Patient brokers target individuals with substance use disorders, who are told that they are receiving their treatment through a scholarship. Not only does this perpetrate fraud against insurers, when insurance plans are terminated for nonpayment of the premium, individuals are discharged from the treatment program with no services or housing and often in a state that is far from home.  SA 1 identifies additional kinds of payments that are not prohibited, uses enforcement language that is consistent with other chapters in Title 6, and clarifies that this Act does not modify any requirements under State or federal mental health parity laws.

Status:

Signed into Law 8/14/2019

DEHA Position:No Position

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Number:
SB 33

An Act to amend Title 24 of the Delaware Code relating to Professions and Occupations.  This Act authorizes a 1-time tax credit in the amount of a fee for a new license under Title 24 for an individual who is 25 years or younger, or whose income is equal to or less than 130% of the federal poverty guideline. The tax credit eases the financial burden on young and low-income workers entering licensed occupations. The tax credit applies only to initial, or first-time, licenses, and in the tax year in which the fee is charged. It does not apply to other fees, such as license renewal, reciprocity, late payment, or a request for change of status.

Status:

Stricken in Senate

DEHA Position:No Position

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Number:
SB 34

An Act to amend Title 16 of the Delaware Code relating to Creating a Prescription Opioid Impact Fund.  This Act creates a Prescription Opioid Impact Fund (“Fund”) through a prescription opioid impact fee (“Fee”) that is paid by pharmaceutical manufacturer. The anticipated revenue from the Fee is $2.8 million in 2020, $2.7 million in 2021, and $2.5 million in 2022.: 1. The fee is based on the total of the Morphine Milligram Equivalent (“MME”) in each manufacturer’s products dispensed in Delaware, based upon data already reported to the Prescription Monitoring Program (“PMP”). The PMP data contains the mandatory reports by pharmacists of every prescription opioid dispensed in the State. The PMP data does not include prescription opioids administered in hospitals, provided directly to patients by hospice, or dispensed by veterinarians. 2. The fee is assessed on manufacturers who exceed a threshold of 100,000 MMEs dispensed each quarter. 3. The Fee is calculated at a rate of either 1 penny per MME for a name brand prescription opioid dispensed and reported in the PMP or ¼ of a penny per MME for a prescription opioid that is a generic. The Act also provides that Secretary of the Department of Health and Social Services, after receiving recommendations from the Behavioral Health Consortium, the Addiction Action Committee, and the Overdose System of Care Committee, will award grants and contracts from the money in the Fund for the following activities: 1. Opioid addiction prevention. 2. Opioid addiction services, including the following: 3. Inpatient and outpatient treatment programs and facilities, including short-term and long-term residential treatment programs and sober living facilities. 4. Treating substance use disorder for the under-insured and uninsured. 5. Emergency assistance relating to prescription opioids, including purchasing Naloxone. 6. Administrative costs of implementing the Fee and Fund, up to 15% of the amount in the Fund. Finally, this Act expires in 5 years, unless terminated sooner or extended by the General Assembly, so that the Fee is only continued if it is effective and is not creating negative unintended consequences.  SA 1corrects a typographical error and allows money deposited in the Prescription Opioid Impact Fund to be used to support peer support programs.

Status:

Signed into Law 6/12/2019

DEHA Position:No Position

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Number:
SB 35

An Act to amend Title 16 of the Delaware Code relating to Health Insurance Contracts.  This Act revises Delaware Insurance Code provisions related to the individual and group health insurance markets to directly incorporate into Delaware law the Patient Protection and Affordable Care Act’s consumer protections related to the following: (1) The prohibition of preexisting condition provisions. (2) Guaranteed issue and availability of coverage. (3) Permissible rating factors. This Act also ties references in Delaware law to the Patient Protection and Affordable Care Act to that law as it was in effect on January 1, 2018. This ensures the ACA’s core consumer protection provisions will remain in place during the uncertainty surrounding the ACA in light of recent court challenges. Finally, this Act makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

Status:

Signed into Law 8/6/2019

DEHA Position:Support

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Number:
SB 37

An Act to amend Title 4, 10, 11 and 16 of the Delaware Code relating to Expungement of Records of Adult Arrest and Conviction. In our modern society, a criminal record can limit a person’s opportunities and the quality of life they can achieve for themselves and their families for years, and even decades, after that person has completed the terms of the criminal sentence imposed. Even the existence of an arrest record with no conviction can limit job opportunities, housing, access to higher education, credit, and access to jobs that require professional licensing. The General Assembly has expanded the availability of expungement for juvenile adjudications of delinquency quite dramatically in recent years, in recognition that people can and do change and move beyond mistakes of their past. The intent of this Act is to extend that same recognition to some categories of adult records of arrest and conviction. At present, Delaware allows adults to petition to have a record expunged in only 2 circumstances: (1) for an arrest that did not lead to conviction and (2) after a pardon is granted – but for certain misdemeanor offenses only. Under this Act, a person may have a record expunged through a petition to the State Bureau of Identification (SBI) for (1) charges resolved in favor of the petitioner; (2) a record that includes violations only after the passage of 3 years; and (3) after 5 years for some misdemeanors. Excluded from this SBI-only expungement process are convictions for any misdemeanor crimes of domestic violence, misdemeanor crimes where the victim is a child or a vulnerable adult, and unlawful sexual contact in the third degree. Allowing expungements for arrests without convictions and minor, isolated convictions through an application to the SBI will ease the burden on the courts and the Board of Pardons. This Act also provides that the court may grant a petition for expungement upon a showing of “manifest injustice” in the following situations: (1) 3 years have passed since the date of a single misdemeanor conviction; (2) a person has a single conviction in a felony case, and 7 years have passed from the date of conviction or release from incarceration, whichever is later; (3) 7 years have passed since conviction or release from incarceration on misdemeanor domestic violence or misdemeanor conviction with child or vulnerable adult victim. A felony conviction for any of the following crimes is not eligible for expungement through this court process: Title 11 violent felonies; 16 Del C. § 1136; 31 Del C § 3913; any “felony conviction involving physical or sexual assault crimes” as defined in the Beau Biden Child Protection Act. A conviction for unlawful sexual contact third degree may not be expunged through the court-only process. The Department of Justice will have an opportunity to state its position on the expungement petition to the court, and is empowered to seek input from any victim in the case. In all cases, the applicant for expungement must have no prior or subsequent convictions (other than traffic offenses, and underage alcohol or marijuana possession) in order to be eligible. Any person who applies for relief under this section, must essentially be a first offender in order to be eligible. A person is not allowed to apply for expungement under this process if an expungement has been granted within the last 10 years. Fines, fees, and restitution must be paid before an expungement may be granted; however, courts are empowered to waive outstanding fines or convert them to a civil judgement if they are unpaid for reasons other than willful noncompliance. Most Title 21 (traffic offenses), including DUI, are ineligible for expungement under this Act. However, traffic offenses (other than DUIs) will also not operate as a bar to the expungement of other charges. The Act also removes all limitations on the availability of court-ordered expungement after a pardon. The Act strikes provisions in Title 10 relating to expungement of adult records in Family Court and consolidates them with the Title 11 expungement provisions. Conforming changes are made to cross-references in Title 4 and 16. Implementation of the Act is delayed for 180 days to allow State agencies to prepare necessary procedures and forms. Finally, this Act is to be known as the Adult Expungement Reform Act.

Status:

Substituted in Senate

DEHA Position:No Position

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Number:
SS1 for SB 37

An Act to amend Title 4, 10, 11 and 16 of the Delaware Code relating to Expungement of Records of Adult Arrest and Conviction.  At present, Delaware allows adults to petition to have a record expunged in only 2 circumstances: (1) for an arrest that did not lead to conviction and (2) after a pardon is granted – but for certain misdemeanor offenses only. Under this Act, a person may have a record expunged through a petition to the State Bureau of Identification (SBI) for (1) charges resolved in favor of the petitioner; (2) a record that includes violations only after the passage of 3 years; and (3) some misdemeanors after 5 years. Excluded from this SBI-only expungement process are convictions for any misdemeanor crimes of domestic violence, misdemeanor crimes where the victim is a child or a vulnerable adult, and unlawful sexual contact in the third degree. Allowing expungements for arrests without convictions and minor, isolated convictions through an application to the SBI will ease the burden on the courts and the Board of Pardons. This Act also provides that the court may grant a petition for expungement upon a showing of “manifest injustice” in the following situations: (1) 3 years have passed since the date of a single misdemeanor conviction; (2) a person has a single conviction in a felony case and 7 years have passed from the date of conviction or release from incarceration, whichever is later; (3) 7 years have passed since conviction or release from incarceration on misdemeanor domestic violence or misdemeanor conviction with child or vulnerable adult victim. A felony conviction for any of the following crimes is not eligible for expungement through this discretionary only expungement process, but may be expunged by a court following a pardon: Title 11 violent felonies; § 1136 of Title 16 (crimes against a resident of a long-term care facility; § 3913 of Title 31 (crimes against an adult who is impaired due to a physical or mental disability); and any “felony conviction involving physical or sexual assault crimes” as defined in the Beau Biden Child Protection Act. The Department of Justice will have an opportunity to state its position on the expungement petition to the court, and is empowered to seek input from any victim in the case. In all cases, the applicant for expungement must have no prior or subsequent convictions (other than traffic offenses, and underage alcohol or marijuana possession) in order to be eligible. A person is not allowed to apply for expungement under this process if an expungement has been granted within the last 10 years. Fines, fees, and restitution must be paid before an expungement may be granted; however, courts are empowered to waive outstanding fines or convert them to a civil judgement if they are unpaid for reasons other than willful noncompliance. Most Title 21 (traffic offenses), including DUI, are ineligible for expungement under this Act. However, traffic offenses (other than DUIs) will also not operate as a bar to the expungement of other charges. The Act strikes provisions in Title 10 relating to expungement of adult records in Family Court and consolidates them with the Title 11 expungement provisions. Conforming changes are made to cross-references in Title 4 and 16. This Substitute Bill differs from Senate Bill No. 37 as follows: (1) Adds Vehicular Assault in the Second Degree, Incest, Coercion, and Unlawfully Dealing with a Child to the list of crimes that can be expunged only if the individual first receives a pardon. That list previously included only Unlawful Sexual Contact in the Third Degree. (2) Makes clear that an expungement does not result in an individual’s automatic removal from the Child Protection Registry or the Adult Abuse Registry. (3) Adds certain misdemeanor property crimes to the list of misdemeanor crimes of domestic violence that may be expunged only through the discretionary expungement process. (4) Permits the State Bureau of Identification to continue to promulgate regulations and impose fees for mandatory expungements under § 4373 of Title 11. This change also makes a technical correction to conform the existing law to the standards of the Delaware Legislative Drafting Manual. (5) Gives the Department of Justice additional time to answer a petition for discretionary expungement so that the Department has sufficient time to contact the victim of the crime. (6) Permits the victim of the crime to provide a written statement to the court when a defendant seeks a discretionary expungement and to testify at a hearing if one is held. (7) Requires, as part of the Victims’ Bill of Rights, that the Department of Justice to provide notice to the victim that the defendant is seeking a discretionary expungement; that the victim may provide a statement or testify, if a hearing is held; of the date, time, and place of any hearing; and of the court’s decision on the expungement petition. (8) Makes the following crimes not eligible for discretionary expungement following a pardon: Manslaughter, Murder in the Second Degree, Murder in the First Degree, Rape in the Second Degree, Rape in the First Degree, and Sexual Abuse of a Child by a Person in a Position of Trust, Authority, or Supervision in the First Degree. (9) Includes references to the First Offender Domestic Violence Diversion Program, under § 1024 of Title 10, so that expunged records related to this program may be accessed by criminal justice agencies to determine if an individual is eligible for the program. (10) Permits law-enforcement to access expunged records in any criminal investigation, not just a felony investigation. (11) Permits criminal justice agencies involved in the licensing of individuals to carry a concealed deadly weapon under § 1441 of Title 11 to access expunged records. (12) Makes clear that an expungement does not require the destruction of DNA taken under § 4713 of Title 29. (13) Allows the use of an expunged record in sentencing for a subsequent offense or on application for a pardon of a subsequent offense. (14) Makes clear that it is the State Bureau of Identification’s responsibility to inform federal law-enforcement of an order of expungement. (15) Makes clear that the 10 year waiting period for a subsequent expungement does not apply to an individual who is seeking a mandatory expungement because the case was terminated in the individual’s favor. (16) Removes language that would preclude an individual from obtaining an expungement if the individual has a prior or subsequent driving under the influence offense. (17) Makes an additional conforming change to remove § 1027 of Title 10, which is obsolete based on the change to § 1025 of Title 10. (18) Makes technical corrections, including to correct an internal reference and add an existing section heading to the Act for clarity. Finally, this Act is to be known as the Adult Expungement Reform Act and implementation of the Act is delayed for 180 days to allow State agencies to prepare necessary procedures and forms.

SA 1(1) Makes an individual ineligible for an expungement of a felony offense if the individual has previously had a felony conviction expunged. (2) Makes two misdemeanor offenses eligible for expungement only through the the discretionary process, regardless as to whether the offenses are a misdemeanor crime of domestic violence (Sexual Harassment, under § 763 of Title 11, and Indecent Exposure in the First Degree, under § 765 of Title 11). (3) Removes two misdemeanor offenses from the definition of misdemeanor crime of domestic violence because they are not subject to mandatory expungement under other provisions of this Act (Incest, under § 766 of Title 11, and Unlawful Sexual Contact in the Third Degree, under § 767 of Title 11) and adds one misdemeanor offense to the definition (Harassment, under § 1311 of Title 11). (4) Makes additional misdemeanor offenses eligible for expungement only through the discretionary expungement process. (5) Moves the Attorney General’s responsibilities for notifying a victim of a discretionary expungement petition to the discretionary expungement provision.

Status:

Ready for Governor's Action

DEHA Position:No Position

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Number:
SB 45

An Act to amend Title 16 of the Delaware Code relating to Marijuana.  Under current law, the possession, use, or consumption of a personal use quantity of marijuana remains a crime for those under the age of 21 despite being a civil violation for adults. This Act makes the possession, use, or consumption of a personal use quantity of marijuana a civil violation for juveniles. This Act also makes conforming amendments to subsection (i), regarding expungement of a single criminal offense under subsection (c), as, after the effective date of this Act, subsection (c) will no longer contain a criminal offense.  SA 1makes the possession or private use or consumption of a personal use quantity of marijuana a civil offense for an individual who is under 21 years of age only for the first and second offense. A third offense would be an unclassified misdemeanor.

Status:

Signed into Law 7/31/2019

DEHA Position:No Position

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Number:
SB 55

An Act to amend Title 29 and 30 of the Delaware Code relating to Occupational License Fees.  This Act authorizes a 1-time tax credit in the amount of a fee for a new, initial license under Title 24 for an individual who is 25 years or younger, or whose income is equal to or less than 130% of the federal poverty guideline. The tax credit eases the financial burden on young and low-income workers entering licensed occupations. The tax credit applies only to initial, or first-time, licenses, and in the tax year in which the fee is charged. It does not apply to other fees, such as license renewal, reciprocity, late payment, or a request for change of status. To ensure that new applicants are aware of the tax credit, the Division of Professional Regulations must provide a statement on application materials that new applicants may be eligible for this tax credit.

Status:

Stricken in Senate

DEHA Position:No Position

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Number:
SB 58

An Act to amend Title 21of the Delaware Code relating to the Removal of Ice & Snow from Moving Vehicles.  This Act requires that accumulated snow and ice be removed from services of a vehicle before it is operated and imposes a civil penalty for a violation. This Act also creates a civil penalty for each instance where snow or ice dislodges from a moving vehicle and causes property damage or personal injury but this penalty is not an exclusive remedy for property damage or personal injury.

Status:

Passed in Senate

Out of Committee in House

DEHA Position:No Position

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Number:
SB 59

An Act to amend Title 21of the Delaware Code relating to Medical Marijuana.  This Act allows nurse practitioners and physician assistants to recommend medical marijuana for patients. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.  SA 1 which restricts the ability of certified nurse practitioners and physician assistants to recommend medical marijuana to adults and maintains the current requirement that only physicians with specific specialties may recommend medical marijuana for patients under 18 was Placed with the Bill.

Status:

Introduced and Assigned to Health & Social Services Committee in Senate

DEHA Position:No Position

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Number:
SB 62

An Act to amend Title 29 of the Delaware Code relating to the State Employees’ Pension Plan and Cost of Living Adjustment.  This bill provides an annual cost of living adjustment for qualified state pensioners equal to the cost of living adjustment provided by the National Consumer Price Index, which also serves as the annual adjustment for Social Security benefits.

Status:

Reassigned to Finance Committee in Senate

DEHA Position:No Position

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Number:
SB 71

An Act to amend Title 18 and Title 24 of the Delaware Code relating to Pharmacy Ownership and Pharmacy Benefits Managers. This Act protects consumers from paying high prices for prescription drugs by ensuring competition in the marketplace by doing the following: 1. Prohibiting a pharmacy benefit manager from requiring or providing an incentive for an insured individual to use a pharmacy in which the pharmacy benefit manager has an ownership interest. 2. Requiring that a pharmacy must be owned by a pharmacist or by a majority of pharmacists if owned by an artificial entity. This ownership requirement is modelled on the same requirement in North Dakota law, enacted in 1963, which has kept North Dakota prescription prices among the lowest in the country and provides North Dakotans with more pharmacies per capita than the national average and a high level of care from locally owned pharmacies. This ownership requirement does not apply to current holders of a permit to operate a pharmacy or to hospital pharmacies that furnishes services only to patients and employees.  SA 2 adds “3. Exempts federally qualified health centers and other non-profit community health centers from the requirement that pharmacies must be owned by a pharmacists”. SA 3exempts pharmacies holding a permit on the effective date of this Act from the requirement that pharmacies must be owned by pharmacists if the pharmacy relocates the business or undergoes a restructuring of ownership.  SA 4 allows a pharmacy benefit manager (PBM) to require an insured to use a specialty pharmacy owned by the PBM and to provide incentives to an insured to use a specialty or mail-order pharmacy owned by the PBM.  HA 1removes the requirement that a new permit to open a pharmacy may be approved only if the pharmacy is owned by a pharmacist.

Status:

Passed in Senate

Passed in House

DEHA Position:Support with Amendment

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Number:
SB 81

An Act to amend Title 24 of the Delaware Code relating to License to Practice Dentistry.  This Act permits an individual to practice dentistry for the Division of Public Health (Division) under a provisional license. Delaware law provides several routes for entering practice on an interim basis until full licensure can be obtained, however, none of these routes specifically permit hiring by the Division with the intent to practice in a state-supported dental clinic. This Act will assist the Division in recruiting dentists to serve those in need. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

Status:

Passed in Senate

Out of Committee in House

DEHA Position:No Position

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Number:
SB 83

An Act to amend Title 24 of the Delaware Code relating to the Physical Therapy Licensure Compact.  This Act adopts the Physical Therapy Licensure Compact (“Compact”). The Compact benefits the public by improving continuity of care, increasing license portability for military spouses, and increasing access to physical therapy providers. Under the Compact, physical therapists and physical therapist assistants licensed in a Compact member state may obtain an expedited license allowing licensees to practice in another Compact member state. In adopting the Compact, the state-based licensure system is preserved but communication between states is enhanced. The Compact will be administered by the Physical Therapy Compact Commission (“Commission”) which will process applications for Compact privilege. Physical therapists and physical therapist assistants licensed by the Delaware Examining Board of Physical Therapists and Athletic Trainers (“Board”) may be granted "compact privilege," which will allow them to practice in another member state under the laws and regulations of the remote state. To exercise the compact privilege, a licensee must meet all of the following requirements: 1. Hold a license in the home state with no encumbrances. 2. Be eligible for a compact privilege in any member state. 3. Have no adverse actions within the previous 2 years regarding their license or any Compact privilege. 4. Notify the Commission that compact privilege is being sought in a member state. 5. Pay applicable fees. 6. Be aware of and comply with the laws and rules governing the practice of physical therapy in the remote state. 7. Report adverse action taken by any non-member state within 30 days. The Compact also authorizes the Board to do all of the following: 1. Appoint a qualified delegate to serve on the Commission. 2. Participate fully in the Commission's data system. 3. Notify the Commission about adverse action taken against licensees by the Board.
 

Status:

Signed into Law 7/30/2019

DEHA Position:Support

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Number:
SB 92

An Act to amend Title 31 of the Delaware Code relating to Dental Care for Adult Medicaid Recipients.  Delaware is one of only 3 states that does not offer some form of adult dental coverage through Medicaid (alongside Tennessee and Alabama). Dental care is health care. And, studies have shown that poor dental health care can result in serious infections and abscess in the face, neck, and jaw areas requiring some individuals to go to the emergency room where they may spend days in intensive care or even die, ultimately costing states more money through their Medicaid program that could be saved if dental care were covered. This Act expands Delaware's Public Assistance Code to provide dental care to all eligible adult Medicaid recipients. Payments for dental care treatments are subject to a $3 recipient copay and the total amount of dental care assistance provided to an eligible recipient may not exceed $1,000 per year, except that an additional $1,500 may be authorized on an emergency basis for dental care treatments through a review process established by the Department of Health and Social Services. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

Status:

Substituted in Senate

DEHA Position:None

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Number:
SS 1 for SB 92

An Act to amend Title 31 of the Delaware Code relating to Dental Care for Adult Medicaid Recipients.  Delaware is one of only 3 states that does not offer some form of adult dental coverage through Medicaid (alongside Tennessee and Alabama). Dental care is health care. And, studies have shown that poor dental health care can result in serious infections and abscess in the face, neck, and jaw areas requiring some individuals to go to the emergency room where they may spend days in intensive care or even die. This ultimately costs states more money through their Medicaid program that could be saved if dental care were covered. This Act expands Delaware's Public Assistance Code to provide dental care to all eligible adult Medicaid recipients. Payments for dental care treatments are subject to a $3 recipient copay and the total amount of dental care assistance provided to an eligible recipient may not exceed $1,000 per year, except that an additional $1,500 may be authorized on an emergency basis for dental care treatments through a review process established by the Department of Health and Social Services. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. This Substitute Act differs from Senate Bill No. 92 (150th General Assembly) because it changes the effective date of this Act to be April 1, 2020, and removes provisions made unnecessary by the change.

Status:

Signed into Law 8/6/2019

DEHA Position:Support

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Number:
SB 101

An Act to amend Title 16 of the Delaware Code relating to the Uniform Controlled Substances Act. This legislation will update the schedule for Fentanyl analogues, consistent with language used by the Drug Enforcement Administration (DEA). It is aimed to curb the manufacture and distribution of illicit Fentanyl analogues and has no impact on the legal manufacture of Fentanyl for medical use.

Status:

Signed into Law 7/17/2019

DEHA Position:No Position

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Number:
SB 105

An Act to amend Title 19 of the Delaware Code relating to Minimum Wage.  This bill increases the minimum wage to be paid in this State beginning in 2020.

Status:

Assigned to Finance Committee in Senate

DEHA Position:No Position

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Number:
SB 108

An Act to amend Title 16 of the Delaware Code relating to the Delaware Health Resources Board.  The Joint Legislative Oversight and Sunset Committee approved a project to work with the Governor's Office throughout 2018 and 2019 to identify antiquated boards, commissions, and councils that need statutory updates or outright repeals. The Delaware Health Resources Board was identified as needing 3 major changes: reducing the number of members to make it easier to make quorum and fill Board vacancies, updating language to provide for 3-year terms, and authorizing the Board to elect a vice chair. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

Status:

Out of Committee in Senate

DEHA Position:Support with Amendment

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Number:
SB 111

An Act to amend Title 29 of the Delaware Code relating to the Advisory Council to the Division of Developmental Disabilities Services.  The Joint Legislative Oversight and Sunset Committee approved a project to work with the Governor's Office throughout 2018 and 2019 to identify antiquated boards, commissions, and councils that need statutory updates or outright repeals. The Advisory Council to the Division of Developmental Disabilities Services was identified as needing updates to change terms to “up to” 3 years, remove political party balance, and make it easier to fill vacancies. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

Status:

Ready for Governor's Action

DEHA Position:No Position

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Number:
SB 114

An Act to amend Title 16 & 18 of the Delaware Code relating to the Board of Social Work Examiners.  This Act corrects a technical error in House Bill No. 311 of the 149th General Assembly. HB 311 was intended to allow the grandfathering of licenses under Chapter 39, Title 24 to occur up to 2 years after HB 311 was enacted. In fact, however, HB 311's effective date allowed for only 1 year. Under this Act, the grandfathering period will be for the intended period of 2 years.

Status:

Signed into Law 7/17/2019

DEHA Position:Support

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Number:
SB 116

An Act to amend Title 16 & 18 of the Delaware Code relating to  the Primary Care Reform Collaborative and the creation of the Office of Value-Based Health Care Delivery.   This Act expands the membership of the Primary Care Reform Collaborative and creates an Office of Value-Based Health Care Delivery in the Department of Insurance to reduce health care costs by increasing the availability of high quality, cost-efficient health insurance products that have stable, predictable, and affordable rates. The Office of Value-Based Health Care Delivery will work with the Primary Care Reform Collaborative and the State benchmarking process. 

Status:

Substituted in Senate

DEHA Position:Support

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Number:
SS1 for SB 116

An Act to amend Title 16 & 18 of the Delaware Code relating to the Primary Care Reform Collaborative and the creation of the Office of Value-Based Health Care Delivery.   This Act expands the membership of the Primary Care Reform Collaborative and creates an Office of Value-Based Health Care Delivery in the Department of Insurance to reduce health care costs by increasing the availability of high quality, cost-efficient health insurance products that have stable, predictable, and affordable rates. The Office of Value-Based Health Care Delivery will work with the Primary Care Reform Collaborative and the State benchmarking process. This Substitute Bill differs from Senate Bill No. 116 as follows: 1. Adds the Insurance Commissioner to the Primary Reform Collaborative. 2. Limits the definition of "carrier" to health insurers licensed under Title 18 or certified as a qualified health plan on the Delaware Health Insurance Marketplace. 3. Requires the Insurance Commissioner to promulgate regulations to implement Section 2 of this Act instead of adopting policies and procedures. 4. Removes the deadline to adopt the initial policies under this Act.

Status:

Signed into Law 8/7/2019

DEHA Position:Support

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Number:
SB 122

An Act to amend Title 16 of the Delaware Code relating to Perinatal Quality Collaborative.  This Act creates the Delaware Perinatal Quality Collaborative to improve pregnancy outcomes for women and newborns and such issues as obstetrical blood loss management, pregnant women with substance use disorder, infants impacted by neonatal abstinence syndrome, and advancing evidence-based clinical practices and processes through quality care review, audit, and continuous quality improvement.

Status:

Substituted in Senate

DEHA Position:Support

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Number:
SS1 for SB 122

An Act to amend Title 16 of the Delaware Code relating to Perinatal Quality Collaborative.  This Act creates the Delaware Perinatal Quality Collaborative to improve pregnancy outcomes for women and newborns and such issues as obstetrical blood loss management, pregnant women with substance use disorder, infants impacted by neonatal abstinence syndrome, and advancing evidence-based clinical practices and processes through quality care review, audit, and continuous quality improvement. This Substitute differs from Senate Bill No. 122 by making technical corrections to conform to the standards of the Delaware Legislative Drafting Manual, including language regarding organizational structure and procedure.

Status:

Ready for Governor's Action

DEHA Position:Support

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Number:
SB 132

An Act to amend Title 18 of the Delaware Code relating to the Life & Health Insurance Guarantee Association Act. This Act updates the Delaware Life and Health Insurance Guaranty Association Act (Delaware Act) to conform Delaware law to revisions made to the National Association of Insurance Commissioners’ (NAIC) Life and Health Insurance Guaranty Association Model Act (Model Act). The Model Act provides a framework for protecting policy or contract owners, insureds, beneficiaries, annuitants, payees, and assignees against losses due to the insolvency or impairment of an insurer. This Act revises the methodology for assessments relating to long-term care insurance written by an impaired or insolvent insurer and includes managed care organizations and health maintenance organizations within the scope of the Delaware Act to more fairly distribute the cost of long-term care insurance insolvencies among insurers writing life, health, annuity, managed care organization, and health maintenance organization products and to ensure sufficient assessment capacity for all insolvencies. Finally, this Act makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.  SA 1 makes a technical correction to a Delaware Code citation.

Status:

Signed into Law 7/17/2019

DEHA Position:No Position

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Number:
SB 137

An Act to amend Title 18 of the Delaware Code relating to theUnlawful Possession, Distribution, Delivery, or Sale of Drug Masking Products.  This Act creates the crimes of unlawful possession of a drug masking product, punishable as a class A misdemeanor, and unlawful distribution, delivery, or sale of a drug masking product, punishable as a class E felony. Drug masking products are designed to be added to human urine or human hair to defraud alcohol or drug urine screening tests.  SA 1 lowers the penalty for possessing a drug masking product from a class A misdemeanor to a class B misdemeanor.

Status:

Signed into Law 7/23/2019

DEHA Position:No Position

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Number:
SB 144

An Act to amend Title 18 of the Delaware Code relating to Genetics Based Discrimination.  The use of genetic information in disqualifying coverage for non-health insurance products is a gap in the protection provided by the federal Genetic Information Nondiscrimination Act. This Act follows the lead of other states and prohibits discrimination based upon genetic information in the issuance or renewal of disability, long-term care, and life insurance. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

Status:

Introduced and Assigned to Banking, Business & Insurance Committee in Senate

DEHA Position:No Position

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Number:
SB 154

An Act to amend Title 29 of the Delaware Code relating to Services for Adults with Intellectual and Developmental Disabilities.  This Act establishes the Quality Improvement Advisory Council (“Advisory Council”) to promote collaboration and problem-solving with stakeholders in the system of care administered by the Division of Developmental Disabilities Services (“the Division”). The Division, in consultation with the Advisory Council, must submit an annual report to the General Assembly and the Department of Health and Social Services on specific performance measures affecting services to adults with intellectual and developmental disabilities. Under this Act, the Joint Legislative Oversight and Sunset Committee will review the Advisory Council in 2022 to determine whether it has been an effective tool for collaboration between the Division of Developmental Disabilities Services and the provider community.  SA 1 changes the name of the advisory council and clarifies the advisory council’s role in advising the Division of Developmental Disabilities Services (“Division”); changes and simplifies the appointing authority of the advisory council’s membership, so that 1 member is appointed by the Division’s Secretary and the remaining 8 members are appointed by the chairs of the Joint Legislative Oversight and Sunset Committee; clarifies that the data required in the annual report may not include information that identifies a specific patient or provider. - Provides that the data that must be included in the annual report are not records and proceedings for the purposes of § 1768 of Title 24.

Status:

Passed in Senate

Out of Committee in House

DEHA Position:Support

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Number:
SB 163

An Act Providing for a Strategic Review of the Department of Health and Social Services and Presentation of Recommendations Regarding a Comprehensive Restructuring Thereof to the Joint Committee.  The Department of Health and Human Services (“DHSS”) was established in 1970 by legislative enactment with a broad and crucial mandate: to supervise the health, wellbeing, and life of Delaware citizens. In the decades since, the population of Delaware has increased, and the needs of Delaware citizens have required increasingly complex and costly medical interventions, particularly for those most vulnerable among us, such as the elderly and those suffering from addiction. To serve this broad array of individual needs, DHSS has adapted to provide personalized and individualized services to citizens at a level of direct care. Additionally, the broad language of DHSS’ authorizing statute has required it to maintain focus on other policy initiatives, such as promoting public health and administering healthcare through Medicaid while maintaining compliance with state and Federal laws and regulations, which themselves have grown in complexity. Given the advancements in both individualized care and the policy landscape, the inevitable conclusion is that DHSS’ dual roles must be separated into two separate Departments with Cabinet-level representation. Doing so will ensure that Delawareans receive high-quality care on an individualized basis, and will recommit a separate agency to its important policy objectives, such as maximizing efficiency and reducing the cost associated with waste that arises when an agency’s functions become too manifold for the agency to be efficient and effective. This Bill establishes a committee of members from various state agencies, as well as the legislative and executive branches and individuals representing the healthcare industry and Delaware citizens. The strategic mission of this Committee is to implement a separation of DHSS’ current organizational structure into two separate cabinet-level Agencies. The Bill also establishes a timeline for action by the Committee that will encourage it to act quickly and with clear direction to maximize efficiency and reduce the costs associated with waste.

Status:

Introduced and Assigned to Elections, Govt. & Community Affairs Committee in Senate

DEHA Position:No Position

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Number:
SB 169

An Act to amend Title 10 of the Delaware Code relating to the Delaware Uniform Civil Remedies for Unauthorized Disclosure of Intimate Images Act.  This Act addresses an increasingly common form of abuse that can cause severe and often irreversible harm: the disclosure of private, sexually explicit images without consent. Much of the abuse is carried out electronically through internet websites, social media, email, or text messages, making it an interstate problem that is particularly suited for treatment by uniform state laws. This Act provides a uniform, comprehensive, clear, fair, and constitutionally sound definition of this harmful conduct and remedies for the harm it causes. 
Note from Wayne:  Line 65 of the Bill excludes Medical education or treatment, which I’m assuming works for us but wanted to draw your attention to it.

Status:

Introduced and Assigned to Transportation Committee in Senate

DEHA Position:No Position

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Number:
SB 170

An Act to amend Title 16 of the Delaware Code relating to Medical Marijuana.  This Act creates a CBD-Rich card medical marijuana card to treat anxiety in adults. This Act also requires that a registry identification card state the type of card that is issued to clearly identify qualifying adult patients, qualifying pediatric patients, designated caregivers, and CBD-Rich patients. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

Status:

Passed in Senate

Out of Committee in House

DEHA Position:No Position

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Number:
SB 171

An Act to amend Title 16 of the Delaware Code relating to Urgent Care Facilities.  This Act establishes a new subchapter of Title 16 regulating urgent care facilities. It requires such facilities, existing and new, to obtain a license from DHSS, which requires the urgent care facility to either be accredited by an approved accrediting body or be seeking such accreditation. If the urgent care facility is seeking accreditation, it can operate on a provisional license for nine months. If accreditation is not obtained, the urgent care facility can apply once for a renewal of a provisional license. Operating without a license or accreditation will subject urgent care facilities to fines. The Act grants DHSS the power to promulgate various regulations to enforce the Act. DHSS can also make and enforce orders to protect the public health and share information with the Division of Professional Regulation. The Act requires each urgent care facility in the State to enroll in the Delaware Health Information Network ("DHIN") and to notify a patient's primary care provider through DHIN to facilitate the coordination of care.

Status:

Out of Committee in Senate

DEHA Position:Support

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Senate Concurrent Resolutions

Number:
SCR 6

Encouraging the State to apply for a State Relief and Empowerment Waiver under Section 1332 of the Patent Protection and Affordability Care Act to Create a State Reinsurance Program.  This Concurrent Resolution recognizes that all Delawareans deserve affordable health care, only 1 commercial insurer currently sells health insurance plans on Delaware's Marketplace, and that premiums for health insurance plans sold on the Marketplace could be reduced if the State creates a reinsurance program under a State Relief and Empowerment Waiver under Section 1332 of the Patient Protection and Affordable Care Act ("Section 1332 Waiver"). This Concurrent Resolution also strongly urges the Governor and Secretary of the Department of Health and Social Services to apply for a Section 1332 Waiver and that a program fund be created if the Section 1332 Waiver is granted, to provide capital to operate and administer a reinsurance program.

Status:

Passed in Senate & House

DEHA Position:Support

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Number:
SCR 11

This Senate Resolution designates March as "Eating Disorders Awareness and Prevention Month" in Delawareand encourages the Department of Health and Social Services to research methods to prevent and raise awareness of eating disorders.

Status:

Passed in Senate & House

DEHA Position:No Position

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Number:
SCR 12

Recognizing November 2019 as Autoimmune Disease Awareness Month in Delaware.

Status:

Passed in Senate & House

DEHA Position:No Position

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Number:
SCR 13

Recognizing February 12, 2019 as “World Cholangiocarcinoma Day” in Delaware.  Cholangiocarcinoma, also known as bile duct cancer, is a cancer that occurs in the bile ducts in or outside the liver. This Resolution recognizes February 12, 2019 as "World Cholangiocarcinoma Day" in Delaware.

Status:

Passed in Senate & House

DEHA Position:No Position

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Number:
SCR 18

This Resolution recognizes April 2019 as Child Abuse Prevention Month in Delaware.

Status:

Passed in Senate & House

DEHA Position:No Position

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Number:
SCR 22

This Concurrent Resolution recognizes March 2019 as Brain Injury Awareness Month.

Status:

Passed in Senate & House

DEHA Position:No Position

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Number:
SCR 24

This resolution proclaims May 2019 "Cystic Fibrosis Awareness Month" in Delaware.
 

Status:

Passed in Senate & House

DEHA Position:No Position

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Number:
SCR 27

This Senate concurrent resolution designates March 2019 as “Colorectal Cancer Awareness Month” in the State of Delaware.

Status:

Passed in Senate & House

DEHA Position:No Position

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Number:
SCR 29

This resolution designates the week of May 6-12 as "National Nurses Week" in Delaware.

Status:

Passed in Senate & House

DEHA Position:No Position

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Number:
SCR 30

This concurrent resolution establishes the Non-Acute Patient Medical Guardianship Task Force to study and make findings and recommendations regarding the needs and options of non-acute hospital patients in need of medical guardianship services. A recent study concluding in 2017 found that hospital patients who did not have acute medical needs were often abandoned in hospitals. These patients often lack financial means to pay for a guardian to make medical decisions. The Office of Public Guardian does not have sufficient resources to intervene to make timely medical decisions for such non-acute patients. In addition to harming these non-acute patients with prolonged hospital stays, patients with acute medical needs are not timely and adequately served because hospital beds are occupied by such non-acute patients. This concurrent resolution establishes a task force to study and make recommendations on these issues.

Status:

Passed in Senate & House

DEHA Position:Support

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Number:
SCR 31

This resolution recognizes March 28, 2019 as Cerebral Palsy Awareness Day.

Status:

Passed in Senate & House

DEHA Position:No Position

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Number:
SCR 34

Recognizing the Month of April 2019 as “National Donate Life Month” in Delaware.  This resolution supports designating the month of April 2019 as "National Donate Life Month" in the State of Delaware, thereby recognizing and acknowledging the generosity of donors who have donated organ, eye, and tissue and their families, as well as supporting and encouraging all Delawareans to become designated organ, eye, and tissue donors.

Status:

Passed in Senate & House

DEHA Position:No Position

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Number:
SCR 36

This Resolution recognizes April 2019 as "Parkinson's Disease Awareness Month" in the State of Delaware.

Status:

Passed in Senate & House

DEHA Position:No Position

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Number:
SCR 40

This concurrent resolution recognizes the month of May 2019 as "Healthy Vision Month"in the State of Delaware.

Status:

Passed in Senate & House

DEHA Position:No Position

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Number:
SCR 42

This Senate Concurrent Resolution recognizes the month of May 2019 as “Mental Health Awareness Month”in the State of Delaware.

Status:

Passed in Senate & House

DEHA Position:No Position

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Number:
SCR 43

This concurrent resolution designates the week May 19-25, 2019 as "Lyme Disease Awareness Week" in Delaware.

Status:

Passed in Senate & House

DEHA Position:No Position

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Number:
SCR 46

This Senate Concurrent Resolution recognizes the week of June 3-9, 2019 as "Hidradenitis Suppurativa Awareness Week" in the State of Delaware.

Status:

Passed in Senate & House

DEHA Position:None

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Number:
SCR 52

This Concurrent Resolution designates May 2019 as “ALS Awareness Month” in Delaware.

Status:

Passed in Senate & House

DEHA Position:None

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Number:
SCR 57

This Concurrent Resolution recognizes September 2019 as "Prostate Cancer Awareness Month" in the State of Delaware

Status:

Passed in Senate & House

DEHA Position:None

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Number:
SCR 65

Providing for a strategic review of the Department of Health & Social Services and presentation of recommendations regarding a comprehensive restructuring thereof to the Joint Finance Committee.  The Department of Health and Human Services (“DHSS”) was established in 1970 by legislative enactment with a broad and crucial mandate: to supervise the health, wellbeing, and life of Delaware citizens. In the decades since, the population of Delaware has increased, and the needs of Delaware citizens have required increasingly complex and costly medical interventions; particularly for those most vulnerable among us, such as the elderly and those suffering from addiction. To serve this broad array of individual needs, DHSS has adapted to provide personalized and individualized services to citizens at a level of direct care. Additionally, the broad language of DHSS’ authorizing statute has required it to maintain focus on other policy initiatives, such as promoting public health and administering healthcare through Medicaid while maintaining compliance with state and Federal laws and regulations, which themselves have grown in complexity. Given the advancements in both individualized care and the policy landscape, this Resolution creates a committee designed to investigate whether to reorganize or restructure the Department as a means to reaffirm its original purpose. Its goal is to ensure that Delawareans receive high-quality care on an individualized basis, and will recommit the Department to its important policy objectives, such as maximizing efficiency and reducing cost.

Status:

Passed in Senate & House

DEHA Position:No Position

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Senate Joint Resolutions

Senate Resolutions

Previous Delaware General Assembly Legislation

If you would like to see additional resources added to this page, please send them to Yasmine Chinoy at yasmine@deha.org. Thank you!