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Delaware Legislation


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150th General Assembly 


House Bills

Number: HB 2
DHA Position: None
Status: Stricken in House

An Act to amend Title 11 of the Delaware Code by Repealing Provisions Relating to Abortion.   This bill repeals certain provisions in Title 11 relating to abortion including provisions which treat abortion differently than other medical procedures, and provisions which criminalize women and the sale of medical devices and medicines.
 

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Number: HB 4
DHA Position: None
Status: Signed into Law 6/3/2021

An Act to amend Title 3 of the Delaware Code relating to Rabies Control.  Section 1 clarifies the definitions for animal exposed to rabies, control and observation, exotic animals, human exposed to rabies, owner, rabid animal, rabies vector species, strict quarantine, scratch, and suspect rabid animal. Section 2 clarifies the reporting requirements for a medical practitioner, hospital, veterinarian, or other person with knowledge of a person or animal suspected of being exposed to rabies. Section 3 requires veterinarians providing rabies vaccines to be licensed veterinarians and removes the Department of Natural Resources and Environmental Control from the list of entities authorized to inspect a cat or ferret owner’s certificate of a valid rabies vaccination. Section 4 provides that no licensed veterinarian or other person may vaccinate a native wild animal, a native wild animal hybrid, an exotic mammal or an exotic mammal hybrid with a rabies vaccine not intended for use in that animal except when specifically approved by the Department of Agriculture. Section 6 modifies the requirements for management of animals exposed to rabies including requirements for reports of suspected rabies exposure, requirements for release of quarantine, reporting of conditions of quarantine, disposition during quarantine, and surrender of dogs, cats, or ferrets for quarantine. Section 7 clarifies the responsibility and liability of an owner of an animal known or suspected to have exposed a human to rabies. Section 7 also establishes that law enforcement canines are not subject to being quarantined after biting a person if such bit occurred while the dog was being used for a law enforcement purpose. Section 10 removes the provision allowing the Director of Division of Public Health to require the reporting of all cases where humans were bitten by an animal known to transmit rabies. This Act also makes technical corrections to conform existing law to the standards of the Delaware Drafting Manual.  HA 1 clarifies that House Bill No. 4 has a 3/5 voting requirement due to the imposition of additional monetary penalties.
 

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Number: HB 7
DHA Position: None
Status: Ready for Governor’s Action

An Act to amend Title 11 of the Delaware Code relating to the Adult Correction Healthcare Review Committee.  This Act makes permanent and temporary changes to the Adult Correction Healthcare Review Committee ("ACHRC") which is a committee that serves in an advisory capacity to the Governor, General Assembly and the Commissioner of the Department of Correction on all matters relating to the provision of inmate health care services. The permanent changes include adding to ACHRC a healthcare professional who by virtue of the professional's training, education, and specialization hold expertise in correctional health and allowing either a psychiatrist or forensic psychologist to serve as a member. The temporary changes address the Department's response to COVID-19 from March 12, 2020 to March 30, 2021. This Act requires ACHRC to provide a report to the Governor, General Assembly and Commissioner a report regarding the efficacy and appropriateness of the Department's response identifying total numbers of correctional officers and inmates who tested positive and died from COVID-19 or COVID-19 related illnesses. The report also identifies the strengths, weaknesses, and opportunities for improvement and assesses the medical treatment provided to inmates who tested positive for COVID-19. The Act authorizes ACHRC to request records, consult with additional medical professionals and engage additional staff. Finally, for 2021 and 2022, the Chairpersons of the House and Senate Corrections Committees will be voting members of ACHRC, but cannot designate another individual to attend meetings or vote.  SA 1  increases the size of the Adult Correction Healthcare Review Committee and adds as a member an organization that serves inmates and inmates' families.  HA 1 makes technical corrections to Senate Amendment No. 1 to House Bill 7.

 

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Number: HB 8
DHA Position: No Position
Status: Ready for Governor’s Action

An Act to amend Title 29 of the Delaware Code Relating to Drinking Water.  This Act mandates that the Department of Natural Resources and Environmental Control and the Division of Public Health establish maximum contaminant levels for specific contaminants found in drinking water in this state. Such contaminants include PFOA and PFOS, which are man-made chemicals. In certain studies, these chemicals were found to be associated with increased risks of chronic diseases. The Environmental Protection Agency, thus far, has not established a maximum contaminant levels, but have issued health advisories. The establishment of maximum contaminant levels is essential in order to protect the health and safety of all Delawareans from contaminants in drinking water.  HA 2 clarifies that the Division of Public Health will work in collaboration with the Department of Natural Resources and Environmental Control. This amendment also changes the time, from 6 months to 9 months, by which the Department and Division shall conduct public hearings on proposed regulations. Finally, this amendment requires the Division, in collaboration with the Department, to develop and revise on a periodic basis, the maximum contaminant level by reviewing assessments conducted by the EPA, information published in peer-reviewed journals, the state-side survey data, and findings and recommendations resulting from public meetings of the Delaware PFAS Steering Committee and the Delaware PFAS Team, both of which are defined in the amendment.  SA 1 removes references to a Delaware PFAS Steering Committee and Delaware PFAS Team.


 

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Number: HB 20
DHA Position: Support
Status: Signed into Law 4/8/2021

An Act to amend Title 14 of the Delaware Code relating to the Provision of Free Feminine Hygiene Products.  This bill requires all public and charter schools which have students in grades 6-12 to provide free feminine hygiene products in 50% of the bathrooms used by students who can have a menstrual cycle. This bill also requires schools to publish on its website and post in its common areas the locations of the bathrooms where the hygiene products are provided. Finally, this bill provides that each school must consult with its school nurse regarding the products to be provided.  HA 1 changes the section of the Delaware Code being amended and the school year by which all public schools and charter schools must provide feminine hygiene products to students who can have a menstrual cycle from the 2020-2021 school year to the school year commencing in the fall of 2021. It also requires that feminine hygiene products be provided in ½ of bathrooms designated non-gender conforming.
 

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Number: HB 21
DHA Position: Support
Status: Ready for Governor’s Action
 

An Act to amend Title 24 of the Delaware Code relating to an Advanced Practice Registered Nurse Compact.  This Act adopts the Advanced Practice Registered Nurse Compact. The Compact benefits the public by improving continuity of care, increasing license portability for advanced practice registered nurses, and increasing access to APRN care. Under the Compact, APRNs licensed in a Compact member state may practice in another Compact member state. In adopting the Compact, the state-based licensure system is preserved but communication between states is enhanced. This Act takes limited effect for the purpose of establishing and convening the Interstate Commission of APRN Compact Administrators (Commission) to adopt rules relating to its operation when 7 states have enacted it into law.
 

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Number: HB 31
DHA Position: None
Status: Ready for Governor’s Action

An Act to amend Title 11 of the Delaware Code by Repealing Provisions Relating to Abortion.   This bill repeals certain provisions in Title 11 relating to abortion including provisions which treat abortion differently than other medical procedures, and provisions which criminalize women and the sale of medical devices and medicines.
 

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Number: HB 33
DHA Position: Support
Status: Signed into Law 4/13/2021

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 adds 2 physician assistants members recommended by the Regulatory Council for Physician Assistants to the Board of Medical Licensure and Discipline in lieu of 2 public members. The bill authorizes physician assistants to participate as uncompensated volunteers in public or community events.  HA 1, makes technical corrections to House Bill 33 to conform it to the requirements of the Legislative Drafting Manual and clarifies that the Regulatory Council for Physician Assistants is authorized to recommend, not elect, individuals from its membership for appointment to the Board of Medical Licensure and Discipline by the Governor.  SA 1 strikes House Amendment 1 to House Bill No. 33 in its entirety and makes technical corrections to House Bill No. 33 to conform it to the requirements of the Legislative Drafting Manual and clarifies that the Regulatory Council for Physician Assistants is authorized to recommend, not elect, individuals from its membership for appointment to the Board of Medical Licensure and Discipline by the Governor.

 

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Number: HB 35
DHA Position: Support
Status: Signed into Law 2/17/2021

An Act to amend Title 14 of the Delaware Code relating to The Behavioral Health Professional of the Year.  This Act establishes a Behavioral Health Professional of the year award program throughout the State. Through this legislation, the state will formally honor and recognize the work behavioral health professionals, such as, school counselors, social workers, licensed clinical social workers, school psychologists, and school nurses.

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Number: HB 39
DHA Position: Support
Status: Introduced and Assigned to Health & Human Development Committee in House
 

An Act to amend Title 18 of the Delaware Code relating to Health Insurance.  This bill requires that inadvertent out-of-network services be included in individual and group health insurance policies as well as group and blank health insurance policies. This bill defines inadvertent out-of-network services are those services that are covered under a policy or contract of health insurances, but are provided by an out-of-network provider in an in-network facility, or when in-network health care services are unavailable or not made available to the insured in the facility. Inadvertent out-of-network services also includes laboratory testing ordered by an in-network provider but performed by an out-of-network laboratory.
 

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Number: HB 40
DHA Position: No Position
Status: Introduced and Assigned to Health & Human Development Committee in House

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."
 

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Number: HB 47
DHA Position: No Position
Status: Out of Committee in House

An Act to amend Title 14 of the Delaware Code relating to Family Leave. In the 149th General Assembly House Bill No. 64 amended Title 29, Section 5120 to insure that mothers who are full time state employees may have up to 6 weeks of unpaid leave following the newborn(s) discharge from the hospital even if their FMLA benefits have been exhausted. This bill clarifies that school district employees are entitled to the same unpaid leave.

 

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Number: HB 48
DHA Position: Support
Status: Ready for Governor’s Action

An Act to amend Title 16 of the Delaware Code relating to the Delaware Healthcare Commission.  This Act establishes a Health Care Provider Loan Repayment Program for New Primary Care to be administered by the Delaware Health Care Commission. Under the loan repayment program, the Health Care Commission may award education loan repayment grants to new primary care providers of up to $50,000 per year for a maximum of 4 years. Priority consideration may be given to DIMER-participating students and participants in Delaware based residency programs. Sites eligible to apply for grants on behalf of their new primary care providers must be located in underserved areas or areas of need and must accept Medicare and Medicaid participants. Grants to hospital sites must be matched on a dollar-for-dollar basis by the applicant hospital and the disbursement of grants from the program is contingent upon an initial, one-time contribution to the Health Care Provider Loan Repayment Program, in an amount Fiscal Year 21 appropriation of State funds up to a maximum of $1 million, from Delaware health insurers. This Act also provides that the Delaware Healthcare Commission may award Health Care Provider Repayment grants on a prorated annual basis.  HA 1 clarifies that the disbursement of grants is contingent upon an initial, one-time contribution to the Health Care Provider Loan Repayment Program, in an amount Fiscal Year 22 appropriation of State funds up to an maximum of $1 million, from Delaware Health insurers.



 

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Number: HB 49
DHA Position: No Position
Status: Introduced and Assigned to the House Administration Committee

An Act to amend Tile 20 of the DE Code relating to Emergency Management. This Act recognizes the statutory authority of the Governor to act in the event of an emergency or disaster. During protracted emergencies and disasters, particularly those lasting more than 30 days, good governance requires participation by the General Assembly to approve renewal of Emergency Orders. This approval requirement may be waived only when it is not possible for both houses of the General Assembly to convene a quorum. The Governor retains the authority to terminate Emergency Orders without approval when the emergency or disaster has passed. Any new non-weather related emergency order issued within 6 months of the termination of a prior order and based upon substantially similar reasons shall be invalid unless approved by the General Assembly. Additionally, any non-weather related emergency order that requires the closure of any business, industry, religious, or non-profit facility must specifically delineate which type of business or facilities are to be closed.

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Number: HB 51
DHA Position: No Position
Status: Signed into Law 4/13/2021

An Act to amend Title 21 of the Delaware Code relating to Driving a Vehicle While Under the Influence.  This Act clarifies Delaware’s driving under the influence (“DUI”) law related to intensive inpatient or outpatient drug and alcohol treatment for felony DUI offenders. The current law has resulted in differing interpretations regarding treatment; specifically, whether treatment must be completed while incarcerated (Level V) or at home confinement (Level IV), rather than at community supervision (Level III or Level II). This has resulted in extending incarceration for some offenders or requiring out-of-state offenders to reside in Delaware to complete the mandated drug and alcohol abstinence program and drug and alcohol treatment program under § 4177(d)(9) of Title 21. Specifically, this Act clarifies when the required intensive inpatient or outpatient drug and alcohol treatment, as approved by the Court or the Department of Correction, can take place. The required program may be completed while the offender is on any level of supervision, not just Level V or IV. The treatment program may also be completed by an offender after arrest and prior to adjudication. permits the Superior Court to sentence felony DUI offenders to commence intensive treatment at any level of supervision, including community supervision. This Act also requires offenders to complete treatment within 9 months of the date of sentence or the date of release from Level V or Level IV, unless the Superior Court has granted the offender an extension for good cause. If an offender does not complete the treatment as required, the Superior Court must impose the portion of the minimum sentence suspended by the Court for the offender’s participation in the program.

 

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Number: HB 52
DHA Position: No Position
Status: Introduced and Assigned to the House Health and Human Development Committee

An Act to amend Title 16 of the Delaware Code relating to Immunity For Donated Food. This Act makes Subchapter III consistent with the Bill Emerson Act by protecting a “gleaner” from civil or criminal liability as it relates to their donation of the gleaned food. Since the Bill Emerson Act only partially preempts state law on this subject, the State is free to provide greater protection than the Bill Emerson Act. Therefore, this Act does all of the following: 1. Extends to those who, in good faith, donate food to state agencies the same immunity from civil or criminal liability that is granted to those who, in good faith, donate food to nonprofit organizations. 2. Specifically includes within the definition of “food” both perishable food and wild game to makes it clear that food, in all of its forms, is covered by this Act. Thus, under this Act, those donating deer to the Division of Fish and Wildlife’s Sportsmen Against Hunger program would be immune from civil or criminal liability as it relates to the donation. 3. Protects a person who, in good faith, provides services to a nonprofit organization or state agency related to the processing of wild game that is donated to a nonprofit organization or a state agency. The bill also clarifies the authority of Division of Public Health and Department of Agriculture relating to donated food.

 

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Number: HB 62
DHA Position: None
Status: Introduced and Assigned to the Economic Development/Banking/Insurance & Commerce Committee in House

An Act to amend Title 6 of the Delaware Code relating to the Prohibition of Excessive and Unconscionable Prices for Prescription Drugs.  This Act is based on a Model Act to Prevent Excessive and Unconscionable Prices for Prescription Drugs developed by the National Academy for State Health Policy. It prohibits manufacturers from raising the price of prescription drugs outside of certain market conditions that might justify a price hike. It is specifically limited to the prices charged to consumers in the State of Delaware for generic and off-patent drugs. It authorizes the Attorney General to investigate price increases identified by State agencies above a certain threshold. Manufacturers or distributors may be fined up to $10,000 per day for sales which violate the Act. Each sale of a drug excessively and unconscionably priced constitutes a separate violation. A manufacturer or distributor is prohibited from withdrawing a generic or off-patent drug for sale in this State to avoid application of the Act.

 

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Number: HB 63
DHA Position: Support
Status: Signed into Law 6/3/2021
 

An Act to amend Title 16 of the Delaware Code relating to the Childhood Lead Poisoning Prevention Act.  This Act requires the Department of Health and Social Services to provide staff support for the Childhood Lead Poisoning Advisory Committee. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
 

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Number: HB 65
DHA Position: No Position
Status: Signed into Law 2/8/2021

An Act to amend Title 19, 29 and 30 of the Delaware Code relating to COVID-19 Related Unemployment Benefits, Assessments and Rulemaking Authority.  This bill provides COVID-19 related relief to both claimants receiving unemployment benefits and employers who are assessed unemployment taxes, and extends the end date of the Secretary of Labor’s COVID-19 related rulemaking authority. Section 1 waives the 13-week waiting period for the state to "trigger on" to pay extended unemployment benefits in periods of high unemployment. Section 2 establishes the 2021 new employer assessment rate, average industry assessment rate, and average construction industry assessment rate at the same rate as 2020 in order to avoid an increase in these rates as a result of the increase in unemployment claims due to COVID-19. Section 3 extends the provisions in H.B. 352 from the 150th General Assembly authorizing the Delaware Secretary of Labor to issue emergency rules amending the Delaware Unemployment Insurance Code to deal with the effects of COVID-19 and implement federal programs providing unemployment benefits to respond to COVID-19. Section 4 exempts unemployment compensation benefits received in 2020 from the calculation of Delaware adjusted gross income so that unemployment claimants will not have to pay state taxes on the benefits they received during the pandemic.
 

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Number: HB 77
DHA Position: No Position
Status: Out of Committee in House

An Act to amend Title 11 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. 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 does not apply to any of the following: 1. The sale of used products. 2. Furniture purchased for public use in public facilities 3. Thread or fiber used for stitching mattress components. 4. Children’s products that are not primarily intended for use in the home. 5. Products being transferred to a vehicle at a warehouse or distribution center for delivery in another state. 6. Electronic components. This Act takes effect on July 1, 2021.
 

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Number: HB 87
DHA Position: No Position
Status: Signed into Law 6/15/2021

An Act to amend Title 11 of the Delaware Code relating to Human Trafficking Interagency Coordinating Council.  This bill increases the membership of the Human Trafficking Interagency Coordinating Council to 24 members by adding representatives from the House of Representatives, the Senate, the Criminal Justice Council, the Department of Transportation, and the Division of Professional Regulation, a person who has been a victim of human trafficking, and a person who has prior experience working with victims of human trafficking in a legal or advocacy capacity. This bill also changes the quorum for the Council from 7 members to 13.
 

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Number: HB 88
DHA Position: No Position
Status: Ready for Governor’s Action
 

An Act to amend Title 11 of the Delaware Code relating to Minimum Wage.  This bill removes the training minimum wage and youth minimum wage, which takes effect 90 days after enactment.
 

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Number: HB 91
DHA Position: Oppose
Status: Ready for Governor’s Action
 

An Act to amend Titles 6 of the Delaware Code relating to Prohibited Trade Practices.  This Act amends Delaware’s Consumer Fraud Act (Subchapter II, Chapter 25, Title 6 of the Code), to give Delaware consumers and businesses the protection against unfair acts or practices in commerce that the General Assembly intended to give them when it enacted the Consumer Fraud Act. When the General Assembly enacted the Consumer Fraud Act in 1965, it stated, in what is now § 2512 of Title 6 of the Code, that the purpose of the Consumer Fraud Act is “to protect consumers and legitimate business enterprises from unfair or deceptive merchandising practices in the conduct of any trade or commerce in part or wholly within this State,” and that “[i]t is the intent of the General Assembly that such practices be swiftly stopped.” The act also amends § 2513(a) to add the term “receipt,” to clarify that persons who provide goods or services at no charge to consumers—such as social media companies funded by advertising revenue—are not precluded from being held liable for engaging in consumer fraud simply because they may not directly sell or lease their goods or services to consumers.  HA 1 modifies the definition of “unfair practice” to more closely follow the definition of “unfair trade practice” currently used by the Federal Trade Commission, and reflects negotiations with stakeholders regarding the Act.

 

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Number: HB 95
DHA Position: No Position
Status: Signed into Law 6/15/2021

An Act to amend Titles 18, 29, and 31 of the Delaware Code relating to Insurance Coverage of Epinephrine Autoinjectors. This Act requires that individual, group, State employee, and public assistance insurance plans provide coverage for epinephrine autoinjectors for individuals who are 18 years of age or under and must include at least 1 formulation of epinephrine autoinjectors on the lowest tier of the drug formulary developed and maintained by the carrier if the insurance plan has tiers.
 

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Number: HB 97
DHA Position: None
Status: Stricken in House

An Act to amend Title 6 of the Delaware Code relating to Prohibited Trade Practices and Pay with Cash.  This Act prohibits the seller of consumer goods or services from refusing to accept cash payment, except in limited circumstances. It creates graduated civil penalties for violations and provides consumers a private right of action to recover double damages, including consequential damages, for a second violation of the law and triple damages for subsequent violations. The Division of Consumer Protection has authority to enforce the law.
 

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Number: HB 100
DHA Position: No Position
Status: Assigned to Finance Committee in Senate

An Act to amend Titles 14 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.  HA 2 phases implementation of House Bill No. 100 out over three years in regard to school counselors, licensed clinical social workers, and school social workers. Current ratios of students to these professionals far exceed those recommended by leading counseling and mental health organizations. Gradual implementation is needed to allow Delaware school districts time recruit and retain these critical positions. This amendment also provides districts flexibility to allocate units where needed most, prioritizing disadvantaged students and students with special needs. Additionally, it adds district Pre-Kindergarten to the strategic plan. The amendment also makes technical corrections since there was duplication of many of the "Whereas" clauses.
 

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Number: HB 105
DHA Position: None
Status: Assigned to Appropriations Committee in House

An Act making appropriations for the Expense of the State Government for the fiscal year ending June 30, 2022; specifying certain procedures, conditions and limitations for the expenditure of such funds; and amending certain pertinent statutory provisions.
 

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Number: HB 111
DHA Position: Support
Status: Signed into Law 6/15/2021

An Act to amend Title 18 of the Delaware Code Relating to Insurance Discrimination Based on Pre-Exposure Prophylaxis Medication to Prevent HIV Infection.  Individuals who are at very high risk of getting HIV can take pre-exposure prophylaxis (“PrEP”) medication to reduce the risk of HIV transmission. PrEP medication reduces the risk of HIV transmission by up to 99% if taken daily. This Act prohibits discrimination because an individual takes PrEP medication in the issuance or renewal of disability, long-term care, and life insurance.
 

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Number: HB 119
DHA Position: None
Status: Ready for Governor’s Action

An Act to amend Title 1 of the Delaware Code Relating to Legal Holidays.  This Act establishes Juneteenth as a State holiday. Juneteenth commemorates the emancipation of the last enslaved African Americans in the United States. The Act adds Juneteenth as a legal holiday and reduces the number of floating holidays from 2 to 1. The two floating holidays were created by the 145th General Assembly as replacements for Presidents Day and Columbus Day. This Act replaces the floating holiday that replaced Columbus Day with a legal holiday to celebrate Juneteenth. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.  HA 1 restores original language in § 501 of Title 1 directing the Office of Management and Budget to promulgate policies and procedures to implement 2 floating holidays. The Amendment clarifies that HB 119 designates Juneteenth a permanent legal holiday in this State not a floating holiday. This Amendment also corrects subsection numbering.

 

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Number: HB 122
DHA Position: None
Status: Ready for Governor’s Action

An Act to amend Title 19 of the Delaware Code Relating to Employment of and Wages Payable to Persons with Disabilities.  This Act is called the Jamie Wolfe Employment Act in recognition of Jamie Wolfe, a powerful disability rights advocate who worked tirelessly on behalf of people with disabilities for equal rights and equal access to education, housing, competitive and integrated employment, transportation and community-based services. The Act requires that authorization to pay individuals with disabilities less than the minimum wage required to be paid to other employees will be phased out by July 1, 2023. It is consistent with the goals of the Employment First Act enacted by the 146th General Assembly and with national trends. In September 2020, the United States Commission on Civil Rights recommended that 14(c) certificates be phased out. The Employment First Oversight Commission created in the Employment First Act is charged with the responsibility of developing and implementing a plan for the phase-out and insuring that the needs of affected providers and employees with disabilities working at less than minimum wage are considered as the phase-out is implemented. HA 2 strengthens the role of stakeholders in developing the 14(c) phase out plan by requiring the Employment First Commission to appoint a task force comprised of stakeholders, including national subject-matter experts, to develop the phase out plan as opposed to merely consulting with stakeholders. The Amendment also adds a requirement that the phase out plan include consideration of current sheltered workshop employees’ wishes to continue working in or near the same location and people with whom the employee is friendly or familiar. This amendment changes the date by which the Employment First Oversight Commission shall develop their implement their plan from July 1, 2023 to January 31, 2024 in order to afford ample time to convene and complete the tasks necessary. This amendment also includes in the plan assurance of adequate funding to support those employers once an individual is hired and the number of individuals who may lose a job opportunity as a result of a minimum wage increase. Finally, the amendment requires that the Commission provide the plan to the General Assembly.


 

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Number: HB 129
DHA Position: Support
Status: Assigned to Appropriations Committee in House

An Act to amend Title 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 high needs elementary schools 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. To the extent that there are any public high schools without a school-based health center upon the effective date of this Act, the State will fund start-up costs for a center at such a public high school.
 

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Number: HB 140
DHA Position: None
Status: Introduced and Assigned to Health & Human Development Committee in House

An Act to amend Title 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 or attending advanced practice registered nurse (APRN) and a consulting physician or consulting APRN 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 or attending APRN and a consulting physician or consulting APRN 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 or attending APRN 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, palliative 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 or APRNs 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 or attending APRN 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 or attending APRN 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 or APRN from prescribing medication to end life on the health-care institution's premises. 11. A request or prescription for or the dispensing of medication under this Act does not constitute elder abuse, 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.
 

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Number: HB 141
DHA Position: Support
Status: Ready for Governor’s Action

An Act to amend Title 24 of the Delaware Code relating to Advanced Practice Registered Nurses.  This Act is a Companion Bill to House Bill No. 21. It aligns the Delaware Board of Nursing statute with the APRN Compact to advance APRN practice through elimination of barriers and improving access to care for Delawareans. The Act removes the requirement for a collaborative agreement for licensure purposes although employers and health care organizations may still require one. The Act amends the definitions of “APRN” and “full practice authority” so that they are consistent with national standards. The Act also removes the definition of “independent practice” since ,nationally, “independent practice” means having “full practice authority”. This Act grants full practice authority in conjunction with licensure and removes the current requirements for obtaining independent practice. The Act changes the composition of the APRN Committee to include 9 APRNs and clarifies the Committee’s purpose which is to make recommendations to the Delaware Board of Nursing regarding: APRN practices, the Compact and licensure.
 

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Number: HB 150
DHA Position: Oppose
Status: Out of Committee in House
 

An Act to amend Title 4, 11, 16 of the Delaware Code Relating to the Delaware Code Creating the Delaware Marijuana Control Act.  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.  

  • HA 1 helps ensure a more standardized approach to the assessments and accreditation processes and helps to assure better product safety was placed with the Bill.  
  • HA 2 adds the requirement that marijuana testing facilities shall achieve accreditation within the first applicable licensing period was placed with the Bill.  
  • HA 3 changes the definition of "disproportionately impacted area". It also expands the definition of "locality" to include county governments. It imposes an obligation on the Commissioner to not impose regulations that would be an unreasonably impracticable burden to the industry. This amendment also alters language regarding small businesses promoting diversity. It adds requirements to the list of "best practices" and to the criteria for the competitive scoring process for all license types. It revises language regarding an applicant's plans for operations, training, and staffing, and alters the criteria for the competitive scoring process for open license types. It amends the definition of "social equity applicant". This amendment also removes the proposed statute § 1331, regarding Financial Assistance. It also makes a technical correction to the bill.  
  • HA 4 requires the Commissioner and the Department of Agriculture to maintain communication regarding the cultivation of hemp and marijuana. This amendment provides that the Commissioner may grant a social equity applicant a conditional license and sets out the requirements for maintaining the conditional license. This amendment also makes changes the Marijuana Regulation Fund and the Marijuana Control Enforcement tax. This amendment makes a technical revision to the expungement section of the bill so that it will not conflict with other pending legislative measures relating to expungement. Finally, this amendment makes minor technical corrections.  
  • HA 5 removes provisions relating to employers.  
  • HA 6 removes the establishment of the Social Equity Fund, and instead gives the Commissioner the authority to investigate opportunities for financial assistances that can be offered to social equity applicants. 
  • HA 7 adds requirements to the packaging and labeling of marijuana and marijuana products to enhance child safety.  
  • HA 8 requires the Marijuana Oversight Committee to publish data in its annual report concerning the number of applicants who have reported that they have been convicted of or adjudicated delinquent or are married to or the child of a person who has been convicted of or adjudicated delinquent of a marijuana-related offense. This amendment also requires an applicant for any license to provide a statement whether the applicant has been, or the applicant is married to or the child of a person who has been convicted of or adjudicated delinquent of a marijuana-related offense. The Commissioner cannot use the applicant’s statement into consideration but will provide that information to the Marijuana Oversight Committee so that it can include that data in its annual report. Finally, this amendment changes the criteria for a social equity applicant.
  • HA 9 expands the definition of "locality" to include county governments.
  • HA 10 removes the requirement that an applicant submit an attestation affirming the applicant has a project labor agreement or will utilize a project labor agreement for construction of a marijuana cultivation facility.
HA 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 were Placed with the Bill.
 

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Number: HB 154
DHA Position: No Position
Status: Out of Committee in House

An Act to amend Title 19 of the Delaware Code relating to Discrimination in Employment.  This Act makes it an unlawful employment practice for an employer to discriminate against any individual because of their political affiliation or political belief.
 

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Number: HB 157
DHA Position: None
Status: Ready for Governor’s Action

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 orders issued electronically. This Act also eliminates the condition on the issuance by a pharmacist, pharmacist intern or pharmacy student of a hypodermic syringe or needle without a prescription to someone who will self-administer medication or administer medication to a minor child by a parent or legal guardian, but only to persons age 18 or older. This Act repeals an existing paragraph in Title 16, § 4762(c) of the Delaware Code which makes it a Class G felony to deliver, dispose of or give away a hypodermic syringe or needle except as prescribed by Title 16, § 4762 of the Delaware Code. The Act also makes corrections to existing law to make it conform to the standards of the Legislative Drafting Manual.  HA 1 adds persons who are licensed allied health professionals in addition to those licensed by the Delaware Board of Nursing to the categories of conduct or persons excepted from the prohibition against providing hypodermic syringes or needles to persons under the age of 18 without a prescription and requiring that hypodermic syringes or needles be disposed of in a manner so as to render them unfit for reuse.

 

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Number: HB 160
DHA Position: Support
Status: Signed into Law 6/23/2021

An Act to amend Titles 18 and 24 of the Delaware Code relating to Preserving Telehealth and Adopting the Interstate Medical Licensure Compact.  This Act, known as the Telehealth Access Preservation and Modernization Act of 2021, continues and enhances Delawareans’ access to telehealth and telemedicine services and, through the adoption of the Interstate Medical Licensure Compact, ensures that telehealth services can be provided through qualified medical practitioners in a streamlined and efficient pathway to licensure that meets the health care delivery system needs of the 21st century. With respect to telemedicine and telehealth, this Act consolidates the existing law relating to telehealth within a single new chapter applicable to all health-care providers authorized to practice telemedicine and participate in telehealth and makes permanent the telehealth flexibilities put in place for the Covid-19 pandemic. The Act carries through many of the changes embodied in the Covid-19 telehealth legislation passed by the 150th General Assembly in 2020 (HS 1 for HB 348 with HA1, signed 7/17/20), which will otherwise expire on July 1, 2021. The changes made in HB 348 that are made permanent by this Act include: 1. Removing all existing Title 24 statutory requirements that patients present in-person before telemedicine services may be provided. This Act continues the suspension of those requirements, but specifies that the requirement that a patient present in-person prior to the delivery of telemedicine services and telehealth is excused only under circumstances rendering an in-person examination impractical or when there is already an existing relationship established. 2. Modernizing the modality of permissible telemedicine and telehealth services; instead of limiting telehealth to interactions that must involve both audio and visual technology; this Act preserves flexibility for situations where patients do not have access to broadband connections or smartphones and need to consult with a physician by landline or audio-only cell phone, subject to existing professional standard of care requirements. Audio and visual visits will continue to be the preferable method for delivery of telehealth and telemedicine services. This Act also consolidates telehealth and telemedicine scope of practice, which currently appear in each separate chapters of Title 24 pertaining to regulated practitioners in order to provide consistent telehealth practice across license categories. This is increasingly important for facilitating integrated health-care services delivery, but it does not limit any of the existing authority of the State’s professional licensing boards in Title 24 to regulate their respective licensed professions and occupations. This Act adopts the Interstate Medical Licensure Compact (IMLC) in Delaware, joining the 29 States that are already members of the IMLC, including many of our neighboring states (Maryland is a member; Pennsylvania is in process of implementing the Compact; New Jersey has introduced IMLC legislation). https://www.imlcc.org/participating-states/ The long-term benefits of telehealth are best realized when accompanied by cross-state medical licensure capabilities available through adoption of the Interstate Medical Licensure Compact. The Compact creates a voluntary, expedited pathway to state licensure for physicians who want to practice medicine in multiple states. An eligible physician can qualify to practice medicine in multiple states by completing one application within the Compact, and receipt of separate licenses from each state in which the physician intends to practice. The Compact does not change the scope of Delaware’s authority to regulate physician practice under the existing Medical Practice Act. It simply creates another pathway for licensure.   HA 1 corrects the inadvertent omission of some strike through and underlining.

 

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Number: HB 161
DHA Position: Support
Status: Ready for Governor’s Action

An Act to amend Titles 16 of the Delaware Code relating to the Definition of Hospitals.  This Act adds an additional classification for surgical hospitals. House Bill No. 91 adopted by the 150th General Assembly (82 Del. Laws c. 73) revised the statutory definition of hospital and classified hospitals as either General, Long-term care, Psychiatric, or Rehabilitation. The existing classifications do not include surgical hospitals, those specialized hospitals providing surgical services at a level of care higher than freestanding surgery centers but whose patients do not require all of the services provided by “General” acute care hospitals. This Act will allow the Department of Health and Social Services to license and regulate surgical hospitals providing inpatient and outpatient surgical services to patients whose duration of stay is not expected to exceed 72 hours. This Act also makes technical corrections to existing law to make it consistent with the Legislative Drafting Manual.  HA 1 clarifies the services a surgical hospital must provide on-site which are similar to the services a general hospital must provide on-site in contrast to the services which are not required to be provided at long-term care, psychiatric and rehabilitation hospitals. General hospitals must have an emergency department with facilities and staff while surgical hospitals are only required to provide basic emergency care. Both General and surgical hospitals are required to provide diagnostic x-ray, clinical laboratory and operating room services all with facilities and staff.
 

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Number: HB 177
DHA Position: None
Status: Out of Committee in House

An Act to amend Title 6 of the Delaware Code relating to Prohibited Trade Practices Forbidding Discrimination Against Cash Payments by Consumers.  This Act prohibits the seller of consumer goods or services from refusing to accept cash payment, except in limited circumstances. Sales covered by this Act are those made at a retail store through an in-person transaction. The Act does not apply to sales of goods or services by electric or gas utilities, telephone, mail or internet sales, or for services provided at parking lots or garages. It creates graduated civil penalties for violations and provides consumers a private right of action to recover double damages, including consequential damages, for a second violation of the law and triple damages for subsequent violations. The Division of Consumer Protection has authority to enforce the law.

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Number: HB 184
DHA Position: Support
Status: Ready for Governor’s Action

An Act to Amend Title 16 of the Delaware Code relating to The Newborn Screening Program.  This Act reduces the time frame to obtain a blood specimen from newborn infants from 72 hours to 24 to 48 hours after birth for screening for metabolic, hematologic, endocrinologic, immunologic and certain structural disorders. It also requires that blood specimens be destroyed once screening and testing is complete including confirmation of any diagnosis. It also provides that the Division of Public Health provide abnormal results only to the physician of record. It also requires all fees collected from newborn screening to be used to defray operating expenses associated with the Newborn Screening Program and for programs to ensure optimal health and development across the lifespan of the maternal and child health population. Finally, the Act makes several technical corrections consistent with the Delaware Legislative Drafting Manual.
 

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Number: HB 186
DHA Position: None
Status: Ready for Governor’s Action

An Act to Amend Title 24 of the Delaware Code relating to The Board of Podiatry.  This Act makes the Board member terms of appointment equal in length to each other by eliminating language pertaining to when a Board member is appointed to fill a vacant seat. This Act also changes the Board meeting requirement from at least once per quarter to at least once per calendar year. The ability to meet more frequently remains intact.
 

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Number: HB 192
DHA Position: None
Status: Introduced and Assigned to Administration Committee in House

An Act to amend Chapter 20 of the Delaware Code Relating to Notarization.  Under the Governor’s Eleventh Modification of the COVID-19 State of Emergency Declaration, and continuing upon passage of Senate Bill No. 247, remote notarization and witnessing by Delaware attorneys via audio-visual technology has been permitted. This provision is currently set to sunset on June 30, 2021. This Act extends the provision through June 30, 2022.
 

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Number: HB 196
DHA Position: None
Status: Ready for Governor’s Action

An Act to amend Title 14 and 31 of the Delaware Code relating to the Parents Right to Know Act.  The Act places the Parents Right to Know Act in the Department of Education instead of the Department of Services for Children, Youth, and Their Families. This Act also clarifies the notice requirements.  HA 1, which changes the minimum time the signed statement must be retained by the child care facility from 3 years to 3 months.

 

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Number: HB 199
DHA Position: None
Status: Introduced and Assigned to Administration Committee in House

An Act Proposing an Amendment to Article 1 of the Delaware Constitution Relating to Equal Rights.  In 2019, Delaware amended the state constitution to prohibit the denial or abridgement of equal rights under the law based on sex, and thereafter in 2020, race, color, and national origin were added. This Act is the first leg of a constitutional amendment to add sexual orientation, gender identity, and disability to Article I, § 21 of the Delaware Constitution to declare explicitly that protection against discrimination based on sexual orientation, gender identity, and disability is one of Delaware's fundamental rights.
 

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Number: HB 200
DHA Position: Support
Status: Ready for Governor’s Action

An Act to amend the Delaware Code relating to Clean Water for Delaware.  Many of the State’s waters do not meet water quality standards to support their designated uses, such as for drinking, swimming or supporting aquatic life. The Clean Water for Delaware Act establishes a framework for assessing needs and planning and implementing projects that support Delaware’s efforts to improve the quality of the State’s water supply and waterways. A Delaware Clean Water Trust account is created as a funding source for executing projects highlighted by this framework. The Trust account will have oversight from the Clean Water Trust Oversight Committee (the “Committee”). The Committee will draw upon recommendations from the Water Infrastructure Advisory Council, (WIAC), the county Conservation Districts’, experts in the effected Cabinet agencies and other public input with the goal of assisting municipal and county governments and others in implementing affordable water quality projects. The Committee is required to develop and publish an Annual Report and multi-year Strategic Plan for Clean Water with annual updates.  HA 2 names the annual report that the Clean Water Trust Oversight Committee must produce “The Mulrooney Report” after former Representative Michael Mulrooney. This amendment adds that the Strategic Plan include a prioritized list of proposed projects including those projects with increased accessibility to lower-income and traditionally underserved communities. The amendment increases the number of members to The Water Infrastructure Advisory Council by adding a member representing the water utilities, the president of 1 of the conservation districts, and a member of the Farm Bureau, who shall serve as non-voting members, and at the pleasure of the Governor. The Amendment provides that these nonvoting members may provide recommendations to the Council relating to stormwater, drainage, flood protection, resource and conservation development projects, agricultural and conservation cost share, cover crops, conservation reserve enhancement, and tax ditches. This amendment also makes clear that only the voting members of the Water Infrastructure Advisory Council can vote on motions, approve the 6-year water supply and wastewater infrastructure plan, the assessment, and recommendations for loans or grants. Finally, this amendment provides for at least 3 public meetings prior to publication of the initial Annual Report and Strategic Plan, and thereafter, at least 1 public meeting prior to publication of the Annual Report and annually updated Strategic Plan. All such meetings must comply with § 10004 of Title 29.
 

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Number: HB 203
DHA Position: No Position
Status: Introduced and Assigned to Administration Committee in House

An Act to amend Title 20 and 29 of the Delaware Code relating to the Suspension of the Delaware Freedom of Information Act (FOIA).  This Act proposes to limit the Governor’s abilities during a State of Emergency in regard to the Delaware Freedom of Information Act, exempting it from Title 20, Chapter 31. This Act also ensures that the reasons outlined in Title 29, §10003 for the public body requesting an extension to a FOIA request is an exhaustive list. This Act also adds Title 29, Chapter §10008, which states that the Governor may not suspend FOIA during a state of emergency without a showing that FOIA prevents, hinders, or delays the State’s necessary actions in coping with the crisis at hand.
 

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Number: HB 204
DHA Position: None
Status: Introduced and Assigned to Education Committee in House

An Act of amend Title 31 of the Delaware Code relating to Background Checks and Subsequent Criminal Histories for Potential or Current Employees of Child Serving Entities.  This Act provides a means by which private schools and youth camps operated by private schools can obtain criminal background checks for potential employees and volunteers under the auspices of the Adam Walsh Child Protection and Safety Act of 2006 (Public Law 109-248) and authorizes the SBI and DELJIS to provide Delaware criminal history information subsequent to the original background check without the requirement of a new criminal background check. When the federal “rap back system” becomes available, the SBI may provide subsequent federal criminal history information for individuals who have had a background check performed. This Act also authorizes the Superintendent of State Police to promulgate regulations that would permit, in limited circumstances, re-use of a criminal background check. This Act also clarifies that the Department of Education is a child serving entity and its employees are obligated to undergo background checks This Act also makes minor stylistic changes and changes to make the current law conform to the Legislative Drafting Manual.
 

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Number: HB 205
DHA Position: None
Status: Assigned to Appropriations Committee in House

An Act of amend Titles 19 & 29 of the Delaware Code relating to Establishment & Management of the Expanding Access for Retirement & Necessary Saving Program.  This Act establishes the Delaware Expanding Access for Retirement and Necessary Saving (“EARNS”) program to serve as a vehicle through which eligible employees may, on a voluntary basis, provide for additional retirement security through a State-facilitated retirement savings program in a convenient, cost effective, and portable manner. The EARNS program will be designed to serve small businesses who are unable to offer retirement plans to employees due to the cost and administrative burden. Because there are documented wealth gaps in Delaware, disproportionately impacting women and people of color, a state-facilitated savings plan aims to alleviate barriers small employers face in offering options, close the wealth gap among low to modest wage earners and keep Delaware competitive with neighboring states by attracting talented workers to Delaware. A state-sponsored savings plan, funded by employees, facilitated by employers, and overseen by the State, will offer one solution to the quickly emerging crises stemming from generations of workers without adequate savings. The Act creates the Delaware EARNS Program Board to oversee initial design and implementation of the program. The board will be disbanded no later than December 31, 2025, at which point all duties and functions of the board will be transferred to and assumed by the Plans Management Board. The effective date of the Act is contingent upon an appropriation by the General Assembly necessary to implement the Program. This Act also makes technical changes to the existing law to make it conform to the standards of the Legislative Drafting Manual.  HA 1 authorizes the EARNS Program Board to limit eligibility to participate in the Program to categories of employees whose participation would not cause an increase in administrative or management fees, clarifies the definition of “Specified tax-favored retirement plans,” permits the Board to discuss choosing diverse financial firms to act as providers of investment advisory services and authorizes the establishment of a grant program to support small businesses that might need economic support to purchase software or other services necessary to implement the Program.  HA 2 clarifies that employees who have not been employed by their employers for at least ninety (90) consecutive days are not to be included under the definition of “covered person”. The Amendment also removes the requirement that covered employees who do not opt out are automatically enrolled in the Program, instead creating an affirmative duty for an employee to request enrollment to their Program administrator.  HA 1 & HA 2  were placed with the Bill.



 

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Number: HB 206
DHA Position: No Position
Status: Status:  Introduced and Assigned to Health & Human Development Committee in House
 

An Act of amend Titles 29 of the Delaware Code relating to Background Checks for Employees, Contractors, & Volunteers of the Department of Health & Social Services.  This bill requires criminal background checks for any current or prospective employee, contractor, and volunteer of the Division of Health and Social Services who visits children in their homes and in the community and has regular, direct access to children or adolescents under the age of 18. The background check includes fingerprinting for Delaware and national background checks as well as a check of the Child Protection Registry.
 

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Number: HB 208
DHA Position: None
Status: Introduced and Assigned to Sunset Committee (Policy Analysis & Government Accountability) Committee in House

An Act of amend Title 24 of the Delaware Code relating to the Board of Speech/Language Pathologists, Audiologists and Hearing Aid Dispensers.  This Act establishes updated, detailed standards for the practice of hearing aid dispensing. A new scope of practice definition delineates permissible and prohibited activities and identifies when referral to a physician is required. The Board is given the authority to establish by rule and regulation standards for the sale of hearing aids. This Act will provide clarity and guidance for the public and for hearing aid dispensers. These changes track statutory language used in neighboring states, such as Maryland, Pennsylvania, and New Jersey. This Act clarifies that a speech/language pathologist applicant must present a certificate of clinical competence issued by the American Speech-Language-Hearing Association (ASHA). Audiologist applicants are not subject to this requirement. The distinction is that ASHA evaluates the speech/language pathologist’s practicum and clinical fellowship, which are requirements for licensure. In contrast, an audiologist applicant is only required to establish receipt of a doctoral degree. This Act revises the reciprocity requirements in the interests of clarity. This Act sets forth requirements for licensure of applicants who were educated outside of the United States. This Act states that a hearing aid applicant may be supervised by either an audiologist or hearing aid dispenser during the training period. This Act amends provisions relating to examination to comport with current practice. This Act provides that audiologists licensed prior to July 10, 2009 do not need to meet the educational requirement of a doctoral degree as long as they have maintained Delaware licensure. This Act requires licensees to update their addresses with the Board. Finally, this Act removes the definitions of audiology aide and speech pathology aide on the basis that the Board does not license aides. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
 

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Number: HB 209
DHA Position: None
Status: Introduced and Assigned to Administration Committee in House

An Act of amend Titles 29 and 19 of the Delaware Code relating to COVID-19 Immunization Rights.  This Act protects the rights of individuals who do not receive COVID-19 vaccinations. This will prohibit the state, schools, political subdivisions, and certain recipients of state funds from denying access or services to such persons.
 

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Number: HB 212
DHA Position: None
Status: Ready for Governor’s Action

An Act of amend Title 7 of the Delaware Code relating to Recycling and Waste Reduction.  This Act provides a phased in approach to further the reduction of single-use plastic bags. This Act increases the minimum thickness for a plastic bag to qualify as a reusable bag from 2.25 mils to 10 mils effective January 1, 2022 and makes the restrictions applicable to stores regardless of size effective July 1, 2022. This Act also makes corrections to existing law to make it conform to the standards of the Legislative Drafting Manual.  HA 1 removes language allowing some plastic bags and returns to language that already allowed for bags containing prepared foods and baked goods. This Amendment removes the separate enforcement provisions in §6099A(h)(1) and (h)(2), thus placing enforcement under the Department’s general administrative enforcement powers.  HA 2 moves the date § 6099A(a)(4)a. becomes effective from January 1, 2022 to July 1, 2022. This change makes the implementation of the restrictions on plastic bag use effective on the same date for both large and small stores.


 

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Number: HB 216
DHA Position: None
Status: Signed into Law 6/30/2021

An Act of amend Title 20 of the Delaware Code relating to Notarization.  Under the Governor’s Eleventh Modification of the COVID-19 State of Emergency Declaration, and continuing upon passage of Senate Bill No. 247, remote notarization and witnessing by Delaware attorneys via audio-visual technology has been permitted. This provision is currently set to sunset on June 30, 2021. This Act extends the provision through June 30, 2022.
 

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Number: HB 219
DHA Position: None
Status: Ready for Governor’s Action

An Act of amend Title 18 of the Delaware Code relating to Pharmacy Benefits 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 or pharmacists, and PBMs establish networks for patients 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 to PBMs. Specifically, this Act does the following: (1) If a PBM denies an appeal for reimbursement subject to maximum allowable cost pricing, requires the PBM to provide the national drug code number of wholesalers in Delaware that have the drug in stock below maximum allowable cost. (2) Authorizes a pharmacy or pharmacist to decline to dispense a prescription drug or provide a pharmacy service to a patient if the amount reimbursed by a PBM is less than the pharmacy acquisition cost. If a pharmacy or pharmacist declines to provide a drug or service, the pharmacy or pharmacist must inform the patient that the pharmacy or pharmacist did this because of the costs of providing the drug or service and provide the patient with a list of pharmacies in the area that may provide the drug or service. (3) Requires PBMs to provide a reasonably adequate and accessible pharmacy benefits manager network. (4) Increases transparency by requiring PBMs to provide reports to the Insurance Commissioner on network adequacy and the amount of rebates received by PBMs to provide reports to the Insurance Commissioner on network adequacy and the amount of rebates received by PBMs and distributed to insurers or patients. (5) Prohibits PBMs from engaging in certain conduct, such as spread pricing, false advertising, and reimbursing a pharmacist or pharmacy in an amount less than the PBM reimburses itself or an affiliate for the same drug or service. If a PBM engages in prohibited conduct, the Insurance Commissioner is authorized to deny, suspend, or revoke the PBM's registration under § 3355A of Title 18 or impose penalties or take other enforcement action under § 3359A of Title 18. (6) Clarifies that the Insurance Commissioner is authorized to deny an application for registration filed by a PBM. (7) Increases the registration and renewal fee to be paid by a PBM to better reflect the cost of the registration and renewal process and better align with the fee assessed by other states that require PBMs to register. (8) Transfers § 3359A of Title 18 (regarding penalties and enforcement) to a separate subchapter focused on prohibited practices, penalties, and enforcement. In addition, this Act makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. Finally, this Act requires a greater than majority vote for passage because § 10 of Article VIII of the Delaware Constitution requires the affirmative vote of three-fifths of the members elected to each house of the General Assembly to increase the effective rate of any tax levied or license fee imposed.
 

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Number: HB 222
DHA Position: None
Status: Signed into Law 6/30/2021
 

An Act of amend Titles 16 and 18 of the Delaware Code relating to Childhood Lead Poisoning Prevention.  Currently, blood lead level screening and testing rates are well below what the Division of Public Health would expect them to be based on the risk factors that determine when screening or testing is necessary. This Act simplifies the requirements and process for health-care providers and eliminates confusion that may be causing the low compliance rate for screening or testing. Specifically, this Act does the following: (1) Defines “screening” and “testing” for clarity. (2) Mandates screening, defined as a capillary blood test, at or around 12 and 24 months of age. (3) Clarifies insurance coverage for the costs of compliance with the Act. (4) Directs the Division of Public Health 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. (5) Makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.  HA 1 removes the requirement for the Division of Public Health to provide a childcare facility, public or private nursey school, preschool, or kindergarten access to the universal reporting system for blood lead level screening and testing results.

 

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Number: HB 226
DHA Position: None
Status: Ready for Governor’s Action

An Act of amend Titles 10 and 16 of the Delaware Code relating to Immunity from Liability for Donated Food.  Subchapter III, Chapter 68, Title 16 of the Delaware Code (“Subchapter III”) was originally enacted in 1982. In 1996, President Clinton signed the Bill Emerson Good Samaritan Food Donation Act, 42 U.S.C. § 1791 (“Bill Emerson Act”). The Bill Emerson Act preempts Subchapter III to the extent of any conflict, known as “partial preemption”. This Act makes Subchapter III consistent with the Bill Emerson Act by protecting a “gleaner” from civil or criminal liability as it relates to their donation of the gleaned food. Since the Bill Emerson Act only partially preempts state law on this subject, the State is free to provide greater protection than the Bill Emerson Act. Therefore, this Act does all of the following: 1. Extends to those who, in good faith, donate food to state agencies the same immunity from civil or criminal liability that is granted to those who, in good faith, donate food to nonprofit organizations. 2. Specifically includes within the definition of “food” both perishable food and wild game to makes it clear that food, in all of its forms, is covered by this Act. Thus, under this Act, those donating deer to the Division of Fish and Wildlife’s Sportsmen Against Hunger program would be immune from civil or criminal liability as it relates to the donation. 3. Protects a person who, in good faith, provides services to a nonprofit organization or state agency related to the processing of wild game that is donated to a nonprofit organization or a state agency. This Act removes the exemption from liability for donation of prepared food from Title 10 so that the exemption no longer appears in both Title 10 and Title 16. The Act also clarifies the authority of Division of Public Health and Department of Agriculture relating to donated food.  HA 1 removes language that suggests the Division of Public Health and the Department of Agriculture are available to inspect donated food upon request by nonprofit organizations accepting donated food.
 

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Number: HB 233
DHA Position: None
Status: Ready for Governor’s Action
 

An Act of amend Title 24 of the Delaware Code relating to Profession of Psychology.  This Act updates the Delaware Code relating to the Delaware Board of Examiners of Psychologists by amending the qualifications for licensure for reciprocity applicants. Currently reciprocity applicants, even those who have practiced many years in another state without blemish, are required to possess the same type of psychology doctoral degree as a new graduate. This bill would grant the Board greater flexibility when evaluating reciprocity applicants by allowing the Board to use an applicant’s years of experience and training while licensed in another jurisdiction to compensate for any deficiencies in their education. If passed, the bill would align Delaware more closely with surrounding jurisdictions.
 

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Number: HB 234
DHA Position: None
Status: Out of Committee in House

An Act of amend Title 31 of the Delaware Code relating to Extension of Medicaid Coverage Through the First Year Postpartum.  This Act requires the Department of Health and Social Services, Division of Medicaid and Medical Assistance to take the necessary steps to expand Medicaid coverage to pregnant women from the current coverage of 60-days from the end of pregnancy under federal Medicaid regulations to 12 months from the end of pregnancy. As a consequence of the COVID-19 pandemic, pregnant women receiving Medicaid benefits cannot be dropped so comprehensive medical care and other health care services have continued beyond 60 days until 12 months after the end of pregnancy by virtue of the federal Determination that a Public Health Emergency Exists. This Act would continue that coverage after the Determination is not renewed. In the event that coverage under the Determination ends before the State Plan Amendment is approved, the State will be obligated to provide the cost of coverage for services provided to pregnant women during the period from 60 days until 12 months after pregnancy ends. Insurance coverage is a critical factor in determining women’s access to affordable postpartum care and is a key strategy for reducing preventable maternal mortality. Extending the period postpartum during which insurance coverage is available will help close the disparity in the maternal morbidity and mortality rate, improve access for preventive services and comprehensive care for chronic conditions, including behavioral health, and accordingly, improve the overall health outcomes among Black women and women of other races.
 

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Number: HB 247
DHA Position: None
Status: Introduced and Assigned to Administration Committee in House

An Act of amend Title 29 of the Delaware Code relating to Limiting Mandates to Require Face Masks.  This Act lifts any ongoing face mask mandates relating to COVID-19. This Act will expire 1 year after its enactment.
 

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Number: HB 261
DHA Position: None
Status: Introduced and Assigned to Economic Development/Banking/Insurance & Commerce Committee in House

An Act of amend Title 18 of the Delaware Code relating to Common Summary Payment Form for Sensitive Health Care Services.  The ability of insured dependents and other insured members to receive confidential sensitive health care services without the knowledge of the insured policyholder is greatly impeded through traditional billing processes utilized by health insurers. The most frequent form used is an explanation of benefit (EOB) sent to the policyholder after anyone covered under the policy receives care. The lack of confidentiality for sensitive health care services significantly impacts young adults between the ages of 18-26 years of age that are on their parents’ health insurance plans and adults covered as dependents under abusive spouse or family member’s plans. This results in dependents simply avoiding necessary health care for these sensitive health care services. This Act (1) requires health carriers to use a common summary of payment form, developed by the Department of Insurance, in collaboration with health insurers, for defined sensitive health care services; (2) prohibits the health carriers from specifying any defined sensitive health care services in the form; (3) allows health carriers to address the form to the insured member; (4) allows insured member to choose their preferred method of receiving said form; (5) allows the insured member to opt-out of receiving the form when there is no payment liability for the visit or service provided; (6) requires the Department of Insurance and Division of Public Health to educate health care providers and health carriers on the new law. The effective dates for guidance and education requirement are 3 and 6 months, respectively, after enactment.
 

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Number: HB 262
DHA Position: None
Status: Introduced and Assigned to Economic Development/Banking/Insurance & Commerce Committee in House

An Act to amend Title 6 of the Delaware Code relating to Data Brokers and Consumer Protection.  This Act seeks to provide consumers with critical information about how their personal information is being used by data brokers. This Act requires data brokers to register with the Consumer Protection Unit of the Department of Justice and answer questions regarding their use of personal information that would be published online to inform consumers. A fee schedule is established based on the size of the data broker that would fund the enforcement of the statute. Entities or individuals who collect personal information but do not sell or license that personal data are not required to register. Registration only applies to data brokers who sell or license information. The Act prohibits acquiring or providing brokered personal information where it will be used for certain unlawful purposes, or where it was obtained through fraudulent means. The Act requires data brokers to protect brokered personal information.
 

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Number: HB 265
DHA Position: None
Status: Signed into Law 6/30/2021

An Act making appropriations for certain Grants-in-Aid for the Fiscal Year ending June 30, 2022; specifying certain procedures, conditions and limitations for the expenditure of such funds; amending the Fiscal Year 2022 Appropriations Act; amending the Fiscal Year 2022 One-Time Supplemental Appropriations Act; and amending certain statutory provisions.  This Act provides supplementary appropriations to certain Grants-in-Aid recipients for Fiscal Year 2022. Section 1 – Government Units and Senior Centers $27,599,217 Section 2 – One-Times and Community Agencies $28,158,601 Section 3 – Fire Companies $7,059,096 Section 4 – Veterans Organizations $431,348 GRAND TOTAL $63,248,262
 

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House Concurrent Resolutions

Number: HCR 2
DHA Position: No Position
Status: Status:  Passed in House & Senate
 

This House Concurrent Resolution honors Delaware's first responders and essential workers who have continued performing duties that are vital to the health, safety, and well-being of all Delawareans as we combat the COVID-19 pandemic.
 

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Number: HCR 3
DHA Position: No Position
Status: Introduced and Assigned to Administration Committee in House

This concurrent resolution establishes the Delaware Corrections Investigation Task Force to investigate and make findings and recommendations regarding the treatment of inmates and the quality of healthcare provided to inmates in this State's correctional institutions. The Task Force shall complete its investigation and findings 90 days after the Task Force’s initial meeting and issue a final report containing a summary of its work, findings, and recommendations.
 

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Number: HCR 6
DHA Position: No Position
Status: Passed in House & Senate

This Concurrent Resolution recognizes January 2021 as Human Trafficking Awareness Month in Delaware.
 

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Number: HCR 8
DHA Position: No Position
Status: Passed in House & Senate

This concurrent resolution designates January 24-30, 2021 as Certified Registered Nurse Anesthetists' (CRNA) Week in the State of Delaware.
 

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Number: HCR 10
DHA Position: No Position
Status: Introduced and Assigned to Administration Committee in House

Requesting the Division of Research, the Office of Management and Budget, and the Delaware Department of Technology & Information to cooperate in creating a detailed and implementable plan to stream audio and video of all floor and committee action of the House of Representatives and Senate; record all such material; and make these recordings available to the public via an online archive. The resolution further requests the 151st General Assembly and the governor to approve and act on the finished plan and authorize the funding needed to implement it.
 

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Number: HCR 11
DHA Position: None
Status: Passed in House & Senate

Recognizing February 12, 2021 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, 2021 as "World Cholangiocarcinoma Day" in Delaware.
 

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Number: HCR 15
DHA Position: None
Status: Passed in House & Senate

This House Concurrent Resolution designates the 21st day of the Month of March, 2021 as “Rock Your Socks for World Down Syndrome Day” and celebrates the beauty and contributions that people with Down syndrome make in Delaware.
 

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Number: HCR 16
DHA Position: No Position
Status: Passed in House & Senate

This Concurrent Resolution recognizes March 2021 as Rare Kidney Disease Month in Delaware.
 

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Number: HCR 17
DHA Position: No Position
Status: Passed in House & Senate

This House Concurrent Resolution designates March 24, 2021 as "Equal Pay Day" in the State of Delaware.
 

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Number: HCR 18
DHA Position: None
Status: Passed in House & Senate

This Resolution recognizes the week of April 11-17, 2021 as "Black Maternal Health Awareness Week" in Delaware.
 

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Number: HCR 20
DHA Position: None
Status: Passed in House & Senate

This resolution designates the month of May as "National Nurses Month" in Delaware.
 

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Number: HCR 22
DHA Position: None
Status: Passed in House & Senate

This Concurrent Resolution recognizes the month of April 2021 as "National Donate Life Month" in Delaware.
 

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Number: HCR 26
DHA Position: None
Status: Passed in House & Senate

This Concurrent Resolution recognizes the month of May 2021 as Mental Health Awareness Month.
 

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Number: HCR 28
DHA Position: None
Status: Passed in House & Senate
 

This Resolution commends the work of the New Castle County Police Department Behavioral Health Unit and urges law enforcement agencies throughout the State to adopt a similar unit.
 

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House Joint Resolutions

Number: HJR 1
DHA Position: No Position
Status:

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House Resolutions

Number: HR 8
DHA Position: None
Status: Passed in House

This Resolution recognizes April 18, 2021 through April 24, 2021 as “National Medical Laboratory Professional Week”.

 

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Number: HR 11
DHA Position: None
Status: Passed in House 

Encouraging State of Delaware Employees to Make Informed Decisions About Their Health Care During Open Enrollment and Throughout the Year.  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.

 

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Number: HR 15
DHA Position: None
Status: Status:  Passed in House 
 

This House Resolution recognizes June 2021 as “Post-Traumatic Stress Injury Month” and June 27, 2021, as “Post-Traumatic Stress Injury Day”, and encourages State agencies to continue their work educating victims of assault or abuse, combat, serious accidents, and natural disasters about the causes, symptoms, and treatment of PTSI.
 

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Number: HR 17
DHA Position: None
Status: Passed in House

This Resolution establishes the Behavioral Health Crisis Care Task Force to study and make findings and recommendations regarding creating a behavioral health crisis care system in this State.
 

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Senate Bills

Number: SB 1
DHA Position: No Position
Status: Introduced and Assigned to Health & Social Services Committee in Senate
 

An Act to amend Title 29 of the Delaware Code relating to The Family & Medical Leave Insurance Program.  This Act, the Healthy Delaware Families Act, creates a statewide paid family and medical leave insurance program. Delaware employees can access up to 12 weeks of paid family and medical leave through the State's paid leave trust fund for a qualifying event, including for the following: (1) To address a worker's own serious health condition (2) To care for a family member with a serious health condition. (3) To bond with a new child. (4) To handle safety matters for victims of domestic violence. (5) To address the impact of a family member's military deployment.
 

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Number: SB 15
DHA Position: No Position
Status: Ready for Governor's Action

An Act to amend Title 19 of the Delaware Code relating to Minimum Wage.  This bill provides for gradual increases in the Delaware minimum wage to $15 over a period of several years.  SA 1 makes a technical correction to clarify that the minimum wage will remain at its current level of $9.25 per hour until January 1, 2022. 

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Number: SB 17
DHA Position: No Position
Status: Stricken in Senate

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."
 

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Number: SB 20
DHA Position: No Position
Status: Ready for Governor’s Action

An Act to amend Title 6 of the Delaware Code relating to Parking.  This Act clarifies that a person with a special license plate or permit for persons with disabilities may park for an unlimited period where the length of time is otherwise limited and must be able to park in a metered parking space for at least 1 hour. This Act clarifies that it is a violation of the state equal accommodations law to prohibit parking as authorized for a person with a special license plate or permit for persons with disabilities. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
 

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Number: SB 25
DHA Position: None
Status: Ready for Governor’s Action

An Act to amend Title 24 of the Delaware Code relating to Insurance Coverage and Reimbursement for Services Provided by a Chiropractor.  Chiropractic care is a drugless system of health care. It is uniquely positioned as a treatment for back pain and chronic headaches, which a peer-reviewed medical journal has indicated are alarming drivers of opioid-related deaths. Other peer-reviewed studies have indicated that chiropractic physician care reduces opioid usage rates, costs significantly less than the opioid treatment path, and contributes to preventing addiction and overdose death. In Delaware, back problems are a top-three cost driver and are among the most common conditions resulting in disability and lost productivity. This Act helps to address these issues in Delaware and improves access for Delawareans seeking opioid-free treatment by ensuring chiropractors are reimbursed at least at the level of Medicare and not at historically persistent lower rates.
 

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Number: SB 31
DHA Position: Support
Status: Became part of the Constitution on 1/28/2021

An Act concurring a proposed amendment to Article 1 of the Delaware Constitution relating to Equal Rights.  This Act is the second leg of a constitutional amendment to add race, color, and national origin to § 21 of Article I of the Delaware Constitution to explicitly declare that protection against discrimination based on race, color, and national origin is one of Delaware's fundamental rights. The first leg of this constitutional amendment was Senate Bill 191 of the 150th General Assembly, published in Chapter 287 of Volume 82 of the Laws of Delaware. On passage of this second leg by this General Assembly this amendment will become part of the Delaware Constitution. Since the 14th Amendment to the United States Constitution was adopted on July 9, 1868, with Delaware ratifying it in 1901, at least 15 states have added a provision to their state constitution that prohibits the denial or abridgement of equal rights under the law based on race, color, or national origin. In 2019, Delaware amended the state constitution to prohibit the denial or abridgement of equal rights under the law based on sex, but no such prohibition exists as to race, color, or national origin. This Act requires a greater than majority vote for passage because § 1 of Article XVI of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly when the General Assembly amends the Delaware Constitution.
 

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Number: SB 32
DHA Position: None
Status:
Signed into Law 4/13/2021

An Act to amend the Delaware Code relating to Discrimination.  A 2019 study found the following: (1) Black women are 80% more likely to change their natural hair to meet social norms or expectations at work. (2) Black women are 50% more likely to be sent home or know of another Black woman sent home from work because of her hair. (3) Black women are 30% more likely to be made aware of a formal workplace appearance policy. Delaware law prohibits discrimination on the basis of race in a variety of settings. This Act makes clear that race also includes traits historically associated with race, including hair texture and a protective hairstyle, which includes braids, locks, and twists. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
 

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Number: SB 33
DHA Position: No Position
Status: Signed into Law 2/10/2021

An Act to amend Title 26 of the Delaware Code relating to Renewable Energy Portfolio Standards.  This Act modifies the Renewable Energy Portfolio Standards Act to do the following: (1) Continues increasing the required minimum percentage of electrical energy sales to Delaware end-use customers from renewable energy sources through 2035. (2) Makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. (3) Eliminates “cost-cap” mechanism for freezing the RPS and replaces it with a market-based mechanism. (4) Clarifies the rulemaking authority for this Act.
 

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Number: SB 38
DHA Position: No Position
Status: Substituted in Senate

An Act to amend Title 11 of the Delaware Code relating to Expungement of records of Adult Arrest and Conviction.  In 2019, the 150th General Assembly enacted Senate Substitute No. 1 for Senate Bill No. 37, which reformed the adult expungement process in this State. After a year of implementing this new expungement process, this Act makes the following changes to clarify language or increase the efficiency of the process: (1) To clarify that the adult expungement law under Subchapter VII of Chapter 43 of Title 11 of the Delaware Code does not apply to a juvenile adjudication of delinquency. (2) To clarify that “pending criminal charges” does not include an alleged violation of Section 904 (e) or (f) of Title 4, Section 4764(c) of Title 16, or a Title 21 offense. (3) To clarify that certain crimes that are not eligible for a mandatory or discretionary expungement under § 4372(f) of Title 11 are eligible for a discretionary expungement after an unconditional pardon is granted by the Governor. (4) To clarify that the requirement that a person may not receive an expungement for 10 years after a prior expungement is to be applied prospectively to expungements granted after December 27, 2019. (5) To clarify that the requirement that all fines, fees, and restitution be paid before an expungement is granted applies to the conviction for which the person is seeking the expungement, not all fines, fees, or restitution the person might owe. (6) To provide for the expungement of certain cases without a disposition. (7) To clarify that a case terminated in favor of an accused is to be expunged even if a person has other prior or subsequent convictions that are not eligible for expungement. (8) To include certain criminal contempt of court orders, criminal contempt of a protection from abuse order, and breach of release as misdemeanor crimes of domestic violence that are not subject to mandatory expungement. (9) To permit a person to include in a petition for discretionary expungement a crime that is eligible for mandatory expungement and to authorize Family Court and Superior Court to grant a mandatory expungement. (10) To clarify that a discretionary expungement that is sought after an unconditional pardon by the Governor is to follow the procedures for a discretionary pardon in § 4374(c) through (h) and (j) of Title 11 and is not to be restricted by any of the eligibility requirements or exclusions contained in § 4374 of Title 11.
 

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Number: SS 1 for SB 38
DHA Position: None
Status: Assigned to Judiciary Committee in House
 

An Act to amend Title 11 of the Delaware Code relating to Expungement of Records of Adult Arrest and Conviction.  In 2019, the 150th General Assembly enacted Senate Substitute No. 1 for Senate Bill No. 37, which reformed the adult expungement process in this State. After a year of implementing this new expungement process, Senate Bill No. 38 was introduced to make changes to clarify language or increase the efficiency of the process. Like Senate Bill No. 38, this Substitute does the following: (1) Clarifies that the adult expungement law under Subchapter VII of Chapter 43 of Title 11 of the Delaware Code does not apply to a juvenile adjudication of delinquency. (2) Clarifies that “pending criminal charges” does not include an alleged violation of Section 904 (e) or (f) of Title 4, Section 4764(c) of Title 16, or a Title 21 offense. (3) Clarifies that certain crimes that are not eligible for a mandatory or discretionary expungement under § 4372(f) of Title 11 are eligible for a discretionary expungement after an unconditional pardon is granted by the Governor. (4) Clarifies that the requirement that a person may not receive an expungement for 10 years after a prior expungement is to be applied prospectively to expungements granted after December 27, 2019. (5) Clarifies that the requirement that all fines, fees, and restitution be paid before an expungement is granted applies to the conviction for which the person is seeking the expungement, not all fines, fees, or restitution the person might owe. (6) Clarifies that a case terminated in favor of an accused is to be expunged even if a person has other prior or subsequent convictions that are not eligible for expungement. (7) Includes certain criminal contempt of court orders, criminal contempt of a protection from abuse order, and breach of release as misdemeanor crimes of domestic violence that are not subject to mandatory expungement. (8) Clarifies that a discretionary expungement that is sought after an unconditional pardon by the Governor is to follow the procedures for a discretionary expungement in § 4374(c) through (h) and (j) of Title 11 and is not to be restricted by any of the eligibility requirements or exclusions contained in § 4374 of Title 11. This Substitute differs from Senate Bill No. 38 as follows: (1) This Substitute removes the process for expunging certain cases that do not have a disposition. (2) While this Substitute also permits a person to include in a petition for discretionary expungement a crime that is eligible for mandatory expungement and to authorize Family Court and Superior Court to grant a mandatory expungement, this Substitute modifies that language.
 

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Number: SB 44
DHA Position: No Position
Status: Signed into Law 6/15/2021

An Act to amend Title 16 of the Delaware Code relating to Drug Overdose Fatality Review Commission.  This Act allows the Drug Overdose Fatality Review Commission ("Commission") to review all deaths related to a drug overdose, regardless of the type of drug implicated in the overdose death. This change will allow the Commission to obtain and review all medical records, including substance abuse and mental health records, when there is a death related to a drug overdose. This approach will allow the Commission to monitor the evolving nature of societal drug use over time and make recommendations that are proactive in reducing the harm from emerging trends. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.  SA 1 removes the word "all" from the current law. Currently, the Drug Overdose Fatality Review Commission ("Commission") uses a sampling method since there are so many overdose deaths to review each year. The removal of "all" allows the Commission to review every death if resources allow, but also reflects the current process that reviews a sample of the deaths.

 

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Number: SB 53
DHA Position: No Position
Status: Introduced and Assigned to Health & Social Services Committee in Senate

An Act to amend Title 16 of the Delaware Code relating to Criminal Violence Risk Assessment.  On November 3, 2015, the United States Centers for Disease Control and Prevention (CDC) published a report titled "Elevated Rates of Urban Firearm Violence and Opportunities for Prevention – Wilmington, Delaware" in which the CDC made 2 major recommendations: (1) the creation and adoption of a robust risk assessment tool and (2) an integrated, statewide data collection system. To date, no meaningful action has been taken at any level to implement the CDC's recommendations. This Act adopts the CDC's recommendations and directs the pertinent State agencies to implement these recommendations.
 

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Number: SB 55
DHA Position: No Position
Status: Ready for Governor's Action

An Act to amend Titles 16 of the Delaware Code relating to School Access to Epinephrine Autoinjectors.  This Act creates emergency access to epinephrine that allows an institution of higher education to acquire and stock a supply of epinephrine autoinjectors if an employee or agent has completed a training program. This Act allows the individual who has completed the training program to provide an epinephrine autoinjector to someone experiencing anaphylaxis for immediate self-administration or administer an epinephrine autoinjector to someone experiencing anaphylaxis. Before an individual administers an epinephrine autoinjector under this Act, the individual must notify EMS immediately, and after administration, must report the administration to the prescribing health-care provider. This Act also makes technical corrections to conform existing law to the creation of the new subchapter and to the standards of the Delaware Legislative Drafting Manual.
 

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Number: SB 58
DHA Position: Oppose
Status: Introduced and Assigned to Executive Committee in Senate
 

An Act to amend Title 20 of the Delaware Code relating to Public Health Emergencies.  This Act removes the State’s authority to forcibly isolate, quarantine, vaccinate, or treat individuals against their will for COVID-19 during a state of emergency relating to COVID-19. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
 

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Number: SB 59
DHA Position: Oppose
Status: Substituted in Senate

An Act to amend Title 16 of the Delaware Code relating to Membership of the Primary Care Reform Collaborative.  This Act revises the appointment process for members of the Primary Care Reform Collaborative who are not members by virtue of position. Under this Act, these members are appointed by a government official to comply with the requirements of the Delaware Constitution.
 

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Number: SS1 for SB 59
DHA Position: Oppose
Status: Out of Committee in House
 

An Act to amend Title 16 of the Delaware Code relating to Membership of the Primary Care Reform Collaborative.  This Act revises the appointment process for members of the Primary Care Reform Collaborative who are not members by virtue of position. Under this Act, these members are appointed by a government official to comply with the requirements of the Delaware Constitution. This Substitute differs from SB 59 by designating the President Pro Tempore of the Senate as the appointing authority for a self-insured employer, per the request by the Delaware Department of Insurance not to serve in that role.
 

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Number: SB 60
DHA Position: None
Status: Signed into Law 6/15/2021

An Act to amend Title 16 of the Delaware Code relating to Medical Marijuana.  This Act allows nurse practitioners and physician assistants to recommend medical marijuana for adult patients. This Act does not require the Department of Health and Social Services to promulgate new regulations before implementing this Act because § 10113 of Title 29 exempts amendments to existing regulations to make them consistent with changes in basic law from the process otherwise required under Chapter 101 of Title 29. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.  SA 1 1. Corrects the title of advanced practice registered nurses. 2. Adds pediatric psychiatrists and developmental pediatricians to the list of specialists authorized to recommend medical marijuana for pediatric patients, which is consistent with current Department of Health and Social Services regulations.

 

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Number: SB 64
DHA Position: None
Status: Out of Committee in Senate

An Act to amend Title 21 of the Delaware Code relating to the Removal of Ice and Snow from Vehicles.  This Act requires that accumulated snow and ice be removed from surfaces 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 physical injury but this penalty is not an exclusive remedy for property damage or physical injury.
 

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Number: SB 69
DHA Position: None
Status: Signed into Law 3/30/2021
 
 

An Act to amend Chapter 268, Title 82 of the Laws of Delaware relating to Death Certificates.  Under House Bill No. 354, which was enacted by the 150th General Assembly, death certificates may be electronically filed with the Delaware Vital Events Registration System until March 30, 2021. This Act removes the sunset provision, so that death certificates may continue to be electronically filed.
 

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Number: SB 73
DHA Position: None
Status: Ready for Governor’s Action

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.  SA 1 adds a 6 month enactment date to the bill.

 

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Number: SB 76
DHA Position: No Position
Status: Signed into Law 6/3/2021
 

An Act to amend Title 16 of the Delaware Code relating to Fentanyl Testing Strips.  This Act authorizes the distribution of testing strips to determine the presence of fentanyl or fentanyl-related substances. Fentanyl testing strips could be distributed to the community along with opioid overdose reversal medication as a harm reduction strategy in the opioid addiction crisis. A number of states have authorized fentanyl testing strips distribution in recent years including Maryland, Rhode Island, the District of Columbia, and North Carolina. Twenty-seven states currently provide fentanyl testing strips through needle exchange programs. According to an April 2019 Delaware Health Alert published by the Department of Health and Social Services, fentanyl is a potent opioid that is increasingly being mixed into illicitly sold drugs, often without the buyer’s knowledge. In Delaware, fentanyl was involved in 72% of overdose deaths during 2018, up from 58% in 2017 according to the state’s Division of Forensic Science. During 2018, there were more fatal overdoses than any year on record with 400 deaths. This Act exempts fentanyl testing strips from the drug paraphernalia statute. This Act provides the limitations on liability for lay individuals and organizations in Section 1 of this Act because of the extraordinary epidemic of death that is occurring in Delaware as a result of fentanyl being mixed into illicit drugs. It is similar to liability exemptions under § 8135(b) of Title 10 and § 6801 of Title 16 of the Delaware Code for certain types of volunteers and Good Samaritans and is an exception to the general public policy against civil immunity.
 

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Number: SB 77
DHA Position: Support
Status: Signed into Law 6/3/2021

An Act to amend Title 16 of the Delaware Code relating to the Community-Based Naloxone Access Program.  This Act clarifies that a lay individual who administers naloxone under the Community-Based Naloxone Access Program is protected from civil liability for rendering emergency care under § 6801 of Title 16, the general Good Samaritan law.
 

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Number: SB 84
DHA Position: No Position
Status: Signed into Law 6/3/2021

An Act to amend Title 16 of the Delaware Code relating to Abuse, Neglect, Mistreatment, Financial Exploitation, or Medication Diversion of Residents or Patients.  This Act elevates medication diversion out of the definition of abuse for the sake of clarity and is not intended to change existing reporting obligations for facilities under Subchapter III of Chapter 11 of Title 16 of the Delaware Code (“Subchapter III”). This Act ensures reporting requirements are triggered for facilities and hospitals covered by Subchapter III if medication diversion occurs in the facilities or hospitals. Reporting is essential to the Department of Justice’s ability to prosecute and recommend treatment, when appropriate, for the person committing medication diversion. Finally, this Act makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual, including standardizing the order of words in the phrase “abuse, neglect, mistreatment, financial exploitation, or medication diversion” to ensure consistency. Medication diversion poses a threat to patient and resident safety in long-term care facilities, psychiatric facilities, nursing facilities, and hospitals. Risks include patients and residents receiving inadequate pain relief, exposure to infectious diseases from contaminated needles and drugs, and potentially unsafe care. The Drug Enforcement Administration recognizes 5 classes of drugs that are frequently abused: opioids, depressants, hallucinogens, stimulants, and anabolic steroids. Opioid abuse is the major cause of medication diversion. Medication diversion is commonly underreported. The sooner medication diversion is reported, the sooner interventions can be made to protect the health and safety of a patient or resident and to provide drug treatment or other help to a healthcare worker.
 

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Number: SB 85
DHA Position: Support
Status: Ready for Governor’s Action

An Act to amend Title 12 of the Delaware Code Relating to the Public Guardian.  This bill allows the Public Guardian to collect fees for services in accordance with standards to be established by the Guardianship Commission and approved by the Court of Chancery.
 

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Number: SB 87
DHA Position: Support
Status: Ready for Governor’s Action
 

An Act to amend Title 16 of the Delaware Code Relating to Anatomical Gifts and the Delaware Health Information Database.  This Act requires the Delaware Health Information Network (“DHIN”) to provide the Gift of Life program – the State’s approved organ procurement organization, or “OPO” – with access to data on potential anatomical donors when the data is needed to determine the suitability for organ, tissue and eye donation for any purpose identified in Delaware’s Uniform Anatomical Gift Act. This Act is the result of the 2019 report of the Joint Legislative Oversight and Sunset Committee's task force under Senate Resolution No. 9 of the 150th General Assembly.  SA 1 adds language requested by the Gift of Life Program, to make Delaware law consistent with similar laws in other states.

 

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Number: SB 88
DHA Position: Support
Status: Ready for Governor’s Action

An Act to amend Title 16 of the Delaware Code Relating to the Delaware Health Information Network and the Protection and Use of Information.  This Act is the result of the 2019 report of the Joint Legislative Oversight and Sunset Committee’s task force under Senate Resolution No. 9 of the 150th General Assembly, which recommended permitting the Delaware Health Information Network (“DHIN”) to use clinical healthcare data in its possession for appropriate analytic and public health purposes. This Act largely tracks current law regarding the use of health care claims data that DHIN holds. It requires DHIN to promulgate regulations to permit appropriate health-care payers, providers, purchasers, or researchers to access clinical data in DHIN’s possession under terms and conditions that DHIN and its Board of Directors establish. This Act maintains and enhances language that requires DHIN to disclose individually-identifiable patient information only with direct patient consent or for purposes permitted by the federal Health Insurance Portability and Accountability Act of 1996 and associated regulations (“HIPAA”). This Act also provides additional protections to consumers, by codifying DHIN’s general practice of providing Delaware residents with access to their own health information and requiring DHIN to promulgate regulations giving residents the ability to require DHIN to provide that health information to third parties under appropriate terms and conditions. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
 

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Number: SB 94
DHA Position: Support
Status: Signed into Law 6/30/2021

An Act to amend Title 29 of the Delaware Code and Chapter 265, Volume 82 of the Laws of Delaware relating to the Freedom of Information Act.  Senate Substitute No. 1 for Senate Bill No. 243 (150th General Assembly) enacted § 10006A of Title 29, which allows an advisory body to hold a virtual meeting, if there is an anchor location that is open to the public, allows any public body to hold public meetings during a state of emergency, and clarified that public bodies must allow a member with a disability to attend a meeting electronically as a reasonable accommodation under § 4504 of Title 6, unless doing so would present an undue burden. Senate Substitute No. 1 for Senate Bill No. 243 sunsets on June 30, 2021. During the last year, citizens and members of public bodies have become comfortable with virtual meetings and attendance and participation in public meetings has increased because virtual meetings are more convenient and accessible to many citizens. Thus, this Act makes permanent changes to the Freedom of Information Act (“FOIA”), Chapter 100 of Title 29, that allow any public body to hold a virtual meeting if there is a physical anchor location where the public can attend the meeting in person and other notice and access requirements are met. Specifically, this Act does all of the following: 1. Repeals the current video-conferencing provision of § 10006 of Title 29 and the temporary provisions of § 10006A of Title 29 and replaces these sections with permanent virtual meeting requirements. 2. Maintains the requirement that a public body must allow a member with a disability to attend a meeting electronically as a reasonable accommodation except if doing so imposes an undue burden on a public body whose members are all elected by the public. 3. Requires that a virtual meeting conform to all requirements under FOIA, including adequate notice that includes information on how the public may view and provide comment, if public comment is accepted. 4. Provides that during a state of emergency, or to prevent a public health emergency, all public bodies may hold virtual meetings without an anchor location. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. This Act requires a greater than majority vote for passage because § 1 of Article IX of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to amend a charter issued to a municipal corporation.  SA 1 clarifies the requirement public bodies allow a member of the public body to participate through an electronic means of communication as a reasonable accommodation and that the undue burden exception under disability law applies to all public bodies.
 

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Number: SB 105
DHA Position: No Position
Status: Ready for Governor’s Action

An Act to amend Title 16 and Title 24 of the Delaware Code relating to Pharmacists Administering and Dispensing Contraceptives.  This Act allows pharmacists to administer or dispense contraceptives under a standing order from the Division of Public Health. At least 11 states, the District of Columbia, and the U.S. Virgin Islands allow pharmacists to dispense contraceptives without a prescription from another health-care practitioner. This practice is supported by the American College of Obstetricians and Gynecologists. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
 

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Number: SB 107
DHA Position: No Position
Status: Ready for Governor’s Action

An Act to amend Title 18, Title 29 and Title 31 of the Delaware Code relating to Insurance Coverage of Insulin Pumps.  This Act requires that individual, group, State employee, and public assistance insurance plans provide coverage for a medically necessary insulin pump at no cost to a covered individual.  HA 1 creates exemptions for 2 types of health plans because this requirement conflicts with the current federal requirements for catastrophic and high deductible health plans. Both exemptions apply only if this requirement conflicts the federal law governing the type of health plan. A high deductible health plan (HDHP) is an insurance policy that has a higher deductible and lower premiums than traditional insurance plans. The Internal Revenue Code establishes the requirements for HDHPs, which include minimum deductibles and maximum out-of-pocket expenses. Under the Affordable Care Act, HDHPs may provide preventive care benefits without a deductible or other requirements, if the benefit is described as preventive care under § 1861 of the Social Security Act or determined to be preventive care in guidance issued by the Department of the Treasury. The most recent IRS guidance regarding preventive care benefits that are permitted to be provided by HDHPs includes insulin but does not include insulin pumps. Thus, this amendment exempts high deductible health plans if providing coverage under this Act if doing so would cause the plan to fail to be treated as a high deductible health plan under § 223(c)(2) of the Internal Revenue Code. Catastrophic health insurance plans are only available to people under age 30 and are not included in group health insurance. Catastrophic plans have low monthly premiums and very high deductibles because the individual insured under the plan must pay for most routine medical expenses. While catastrophic health insurance plans cover some preventive care, federal law limits the preventive care services that can be included in these plans and currently excludes the coverage required under this Act.

 

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Number: SB 108
DHA Position: No Position
Status: Introduced and Assigned to Legislative Oversight & Sunset Committee in Senate

An Act to amend Title 10 and Title 24 of the Delaware Code relating to the Offer of an Ultrasound and Auscultation Services 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 Right to Know Act." This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
 

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Number: SB 109
DHA Position: Support
Status: Ready for Governor’s Action
 

An Act to amend Title 29 of the Delaware Code relating to Medicaid Reimbursement Rates for Home Health-Care Services.  This Act requires that home health-care services for Medicaid long-term care services and support providers be reimbursed for services by Medicaid-contracted organizations at a rate equal to or more than the rate set by the Division of Medicaid and Medical Assistance for equivalent services. This rate floor system is currently used for reimbursement rates for home health-care nursing services paid for by Medicaid-contracted organizations. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.  SA 1 corrects the names for the services covered by this Act.

 

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Number: SB 118
DHA Position: None
Status: Introduced and Assigned to Legislative Oversight & Sunset Committee in Senate

An Act to amend Title 16 of the Delaware Code relating to Long Term Care Facilities and Services and the Delaware Health Information Network.  This Act is the result of the 2019 report of the Joint Legislative Oversight and Sunset Committee's task force under Senate Resolution No. 9 of the 150th General Assembly. which recommended requiring long-term care facilities to enroll in and provide summaries of care to the Delaware Health Information Network ("DHIN"). To improve quality and coordination of care across the State, this Act requires long-term care facilities to enroll in DHIN and provide summaries of care to DHIN. Under this Act, long-term care facilities that provide services in Delaware as of the date this Act is enacted must enroll in DHIN under § 1119D(a) of Title 16 no later than 30 days after the date of enactment, and must enter into an agreement with DHIN under § 1119D(b) of Title 16 no later than 90 days after the date of enactment. Long-term care facilities that begin providing services in Delaware after the date this Act is enacted must enroll in DHIN under § 1119D(a) of Title 16 no later than 30 days after beginning to provide the services, and must enter into an agreement with DHIN under § 1119D(b) of Title 16 no later than 90 days after beginning to provide the services.
 

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Number: SB 120
DHA Position: None
Status: Substituted in Senate

An Act to amend Title 16 and 18 of the Delaware Code, Chapter 189, Volume 82 of the Laws of Delaware, and Chapter 392, Volume 81 of the Laws of Delaware, as Amended by Chapter 141, Volume 82 of the Laws of Delaware, relating to Primary Care Services.  This Act continues recent efforts to strengthen the primary care system in this State by doing the following: (1) Directing the Health Care Commission to monitor compliance with value-based care delivery models and develop, and monitor compliance with, alternative payment methods that promote value-based care. (2) Requiring rate filings limit aggregate unit price growth for inpatient, outpatient, and other medical services, to certain percentage increases over the next 4 years. (3) Requiring an insurance carrier to spend a certain percentage of its total cost on primary care over the next 4 years. (4) Requiring the Office of Value-Based Health Care Delivery to establish mandatory minimums for payment innovations, including alternative payment models, and evaluate annually whether primary care spending is increasing in compliance with the established mandatory minimums for payment innovations. Sections 2 and 3 of this Act revise the appointment process for members of the Primary Care Reform Collaborative who are not members by virtue of position to comply with the requirements of the Delaware Constitution. These revisions are largely similar to those proposed in Senate Substitute No. 1 to Senate Bill No. 59 (151st General Assembly) (“the Substitute”). As such, Section 2 is designed to take effect if the Substitute does not pass both chambers or passes but is not enacted; Section 3 is designed to take effect if the Substitute passes both chambers and is enacted. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
 

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Number: SS 1 for SB 120
DHA Position: No Position
Status: Ready for Governor’s Action

An Act to amend Title 16 and 18 of the Delaware Code, Chapter 189, Volume 82 of the Laws of Delaware, and Chapter 392, Volume 81 of the Laws of Delaware, as Amended by Chapter 141, Volume 82 of the Laws of Delaware, relating to Primary Care Services.  This Act is a substitute for Senate Bill No. 120. Like Senate Bill No. 120, this Substitute continues recent efforts to strengthen the primary care system in this State by doing the following: (1) Directing the Health Care Commission to monitor compliance with value-based care delivery models and develop, and monitor compliance with, alternative payment methods that promote value-based care. (2) Requiring rate filings limit aggregate unit price growth for inpatient, outpatient, and other medical services, to certain percentage increases. (3) Requiring an insurance carrier to spend a certain percentage of its total cost on primary care. (4) Requiring the Office of Value-Based Health Care Delivery to establish mandatory minimums for payment innovations, including alternative payment models, and evaluate annually whether primary care spending is increasing in compliance with the established mandatory minimums for payment innovations. (5) In Sections 2 and 3 of this Act, revising the appointment process for members of the Primary Care Reform Collaborative who are not members by virtue of position to comply with the requirements of the Delaware Constitution. These revisions are largely similar to those proposed in Senate Substitute No. 1 to Senate Bill No. 59 (151st General Assembly) (“the Substitute”). As such, Section 2 is designed to take effect if the Substitute does not pass both chambers or passes but is not enacted; Section 3 is designed to take effect if the Substitute passes both chambers and is enacted. (6) Making technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual This Substitute differs from Senate Bill No. 120 as it does all of the following: (1) Adds a “whereas clause” stating that the Department of Insurance does not regulate Medicaid or employer-based plans provided under the Employee Retirement Income Security Act, or their rates. (2) Provides that rate filings for health benefit plans may not include aggregate unit price growth for nonprofessional services that exceed the greater of 2% or Core CPI plus 1% in 2024, 2025, and 2026. (3) Makes a technical correction to properly alphabetize definitions in Section 4 of the Act (relating to § 2503 of Title 18). (4) Removes “mental health and substance abuse disorder” from the definition of an “inpatient hospital”. (5) Adds a definition of “professional services” and makes clear that “nonprofessional services”, which are subject to the aggregate unit price growth limits of § 2503(a)(12)a. of Title 18, do not include professional services. (6) Amends the definition of “other medical services” to make clear the term includes the facility component of vision exams, dental services, and other services when those services are billed separately from the professional component. (7) Changes the date for mandatory minimums for payment innovations to support a robust system of primary care to January 1, 2026. (8) Make clear that the Office of Value-Based Health Care Delivery is to annually evaluate whether primary care spending is increasing in compliance with the requirements of, and regulations adopted under, all of Title 18. (9) Requires the Office of Value-Based Health Care Delivery to collect data and develop reports to monitor and evaluate the percentage of spending in primary care that is delegated to hospitals and related networks for care coordination through alternative payment models. (10) Removes the sunset date on provisions requiring individual, group, and State employee insurance plans to reimburse primary care physicians, certified nurse practitioners, physician assistants, and other front-line practitioners for chronic care management and primary care at no less than the physician Medicare rate. (11) Sunsets Sections 5 and 6 of this Act and § 2503(a)(12)a. of Title 18 as contained in Section 4 of this Act on January 1, 2027.
 

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Number: SB 128
DHA Position: None
Status: Ready for Governor’s Action

An Act to Amend Title 16 of the Delaware Code relating to the Delaware Health Information Network chapter.  This Act is the result of the 2019 report of the Joint Legislative Oversight and Sunset Committee's (“JLSOC”) task force under Senate Resolution No. 9 of the 150th General Assembly, which recommended amending the Delaware Health Information Network's ("DHIN") chapter to conform existing law with the standards of the Delaware Legislative Drafting Manual. This Act makes technical corrections to the DHIN chapter, including the following: - Using active voice where possible. - Using the singular where appropriate since, under § 304 of Title 1, “words used in the singular include the plural.” - Converting block paragraphs into lists where possible, without changing the substance of the existing law, to enhance clarity and readability. - Replacing “party” with “person” for consistency since, under § 302 of Title 1, “person” is defined as including “corporations, companies, associations, firms, partnerships, societies and joint-stock companies, as well as individuals.” This Act makes one substantive change to DHIN's chapter, in clarifying the circumstances under which the Governor may suspend or remove a member or otherwise consider a member as having resigned from the DHIN Board of Directors. Under this Act, the provision relating to suspension, removal, or resignation of a DHIN Board member is updated to be consistent with similar provisions for other boards. Section 8 of this Act does not take effect if Senate Bill No. 88 of the 151st General Assembly is enacted into law before January 1, 2023, and § 10312(3), Title 16 of Section 11 of this Act does not take effect if Senate Bill No. 119 of the 151st General Assembly is enacted before January 1, 2023. Both SB 88 and SB 119 are also the result of JLOSC’s review of DHIN, and both address substantive matters. The enactment of SB 88 or SB 119 override the technical corrections made in this Act, and the effective date clauses in Sections 15 and 16 of this Act reflect that policy. This Act takes effective the January 1 after its enactment, to accommodate the enactment of the other bills currently pending before the 151st General Assembly relating to JLOSC’s review of DHIN.
 

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Number: SB 134
DHA Position: No Position
Status: Introduced and Assigned to Environment & Energy Committee in Senate

An Act to Amend Title 16 of the Delaware Code relating to the Use of Single-Service Plastic Implements & Polystyrene Containers in Food Establishments.  This Act reduces risks to the environment and public health by prohibiting food establishments from providing any of the following: 1. A single-service plastic straw, unless requested by a consumer. 2. A single-service plastic coffee stirrer, cocktail pick, or sandwich pick. In addition, this Act encourages food establishments not to use or sell food packaged outside of the food establishment in expanded polystyrene containers.
 

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Number: SB 136
DHA Position: None
Status: Ready for Governor’s Action

An Act to amend Title 14, 16, 29 and 31 of the Delaware Code Relating to Early Intervention Services.  This Act transfers responsibility for early intervention services for children ages birth to age 3 from the Department of Health and Social Services to the Department of Education and revises the Code to be consistent with federal law. The Individuals with Disabilities Education Act (IDEA) requires states to provide a comprehensive, coordinated, interagency, interdisciplinary early intervention services system for eligible infants and toddlers and their families. This Act requires that early intervention services be provided in compliance with all of the requirements of the IDEA, improves coordination between advisory bodies, and requires early intervention service providers to receive the same training on child abuse and the same background checks as school employees. Specifically, this Act does all of the following: Section 1. Creates a new Chapter 31A in Title 14 for the Infants and Toddlers Early Intervention Program. Section 2. Transfers responsibility for the Infants and Toddlers Early Intervention Program from the Department of Health and Social Services (DHSS) under Subchapter II, Chapter 2 of Title 16 to the Department of Education (DOE) under the new Chapter 31A of Title 14, and revises the Code as follows: 1. Aligns the Code with the requirements under the federal infants and toddlers program known as Part C of the IDEA. 2. Creates duplicate sections in Title 14 regarding the confidentiality of reports and prohibiting compulsory participation in the program consistent with existing sections in Title 16. 3. Adds standard organizational language for the Interagency Coordinating Council (ICC). 4. Requires the ICC to hold at least 1 joint meeting each calendar year with the Governor’s Advisory Council for Exceptional Citizens (GACEC) because the ICC and the GACEC are the 2 Delaware agencies that advise the Department of Education on implementation of the IDEA. Section 3. Makes corresponding changes to Subchapter I, Chapter 2 of Title 16 to reflect the transfer of responsibility for the Infants and Toddlers Early Intervention Program to DOE. Section 4. Adds the chair of the ICC as a member of the Early Childhood Council (ECC) and makes corresponding changes to the membership of the ECC to reflect the transfer of responsibility for the Infants and Toddlers Early Intervention Program. Section 5. Requires the GACEC to hold at least 1 joint meeting each calendar year with the ICC because the ICC and the GACEC are the 2 Delaware agencies that advise the Department of Education on implementation of the IDEA. Section 6. Requires early intervention service providers to receive the same child abuse and child safety awareness, prevention, detection, and reporting training as school employees. Section 7. Makes corresponding changes to § 7904 of Title 29 reflecting the transfer of the authority to charge a fee for a service provided by Child Development Watch from DHSS to DOE. Section 8. Requires early intervention service providers to receive the same background checks as other child-serving entities and makes corresponding revisions to the procedures to obtain and review the information received from these background checks. Section 9. Delays the implementation of this Act until July 1, 2023 to provide time for the transfer of the program, including the promulgation of regulations. Section 10. Provides that this Act is known as the “Infants and Toddlers Early Intervention Act”. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. This Act requires a greater than majority vote for passage because § 11(a) of Article VIII of the Delaware Constitution requires the affirmative vote of three-fifths of the members elected to each house of the General Assembly to impose a fee. 
 

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Number: SB 138
DHA Position: None
Status: Ready for Governor’s Action

An Act to amend Title 16 of the Delaware Code Relating to Radiation Control.  This bill changes the requirements for members to be appointed to the Authority on Radiation Protection. It also allows for removal of a member by the Governor in certain limited circumstances and clarifies the number of members needed to constitute a quorum.
 

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Number: SB 139
DHA Position: None
Status: Ready for Governor’s Action
 

An Act to amend Title 16 of the Delaware Code Relating to Emergency Medical Services Oversight Council.  This bill changes the requirements for members to be appointed to the Delaware Emergency Medical Services Oversight Council. The bill also clarifies that a member may serve for a term of up to three years and is eligible for reappointment and the number of members needed to constitute a quorum. In addition, the bill allows for removal of a member by the Governor under certain circumstances and clarifies that the Council may adopt bylaws for adopting operating procedures. The bill also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
 

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Number: SB 140
DHA Position: No Position
Status: Introduced and Assigned to Environment & Energy Committee in Senate

An Act to amend Title 7 and 14 of the Delaware Code Relating to Expanded Polystyrene Products and Single-Service Plastic Items.  This Act reduces risks to the environment and public health by doing all of the following: 1. Prohibiting the sale of containers, food service products, or packing material made of expanded polystyrene. 2. Prohibiting food establishments and public schools from providing ready-to-eat food and beverages in expanded polystyrene containers. 3. Limiting the use of single-service plastic items in food establishments. This Act allows restaurants to provide plastic straws at the request of a customer and does not apply to containers where the expanded polystyrene is wholly encased in more durable material. The term “food” includes beverages, under the Delaware Food Code. In addition, this Act encourages food establishments not to use or sell food that is pre-packaged in expanded polystyrene containers. This Act takes effect beginning July 1, 2022, except for public schools, for which it takes effect beginning with the 2022 – 2023 school year.
 

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Number: SB 141
DHA Position: Support
Status: Ready for Governor’s Action

An Act to amend Title 16 of the Delaware Code Relating to Termination and Transfer of Parental Rights in Adoption Proceedings.  This Act is the result of over 6 years of work and collaboration among the Family Court, Department of Justice, Department of Services for Youth, Children, and their Families, the Office of the Child Advocate, private adoption agencies, and the Family Law Section of the Delaware Bar Association to modernize Delaware’s termination of parental rights (“TPR”) statute. This Act makes numerous technical and substantive revisions to conform and update the TPR statute with current practices and procedure, provide clarity to and ease of use for certain portions of the statute, and conform the TPR statute with the standards of the Delaware Legislative Drafting Manual. Notable changes include: (1) Several changes to the grounds for terminating parental rights: elimination of the ground of mental incompetence, addition of murder or manslaughter of the other parent as a ground, and creation of a new ground for parents in private TPR proceedings who have failed to alleviate circumstances causing their children to be dependent or neglected in their care after receiving notice and a reasonable opportunity to address the issues. (2) Reclassifying abandonment of a child under the Safe Arms program from an involuntary TPR to a voluntary consent. (3) Increasing the standard to terminate the rights of only 1 parent from “harmful to the child” to “serious physical or emotional harm to the child.” (4) Eliminating the requirement to note the gender of a child in a TPR petition and, except where necessary in the context of a provision, replacing gender-based identifiers (man, woman, mother, father) with “parent.” (5) Enumerating clear requirements for the contents of a social report and providing DSCYF and licensed agencies more time to complete the social report in non-DSCYF custody cases. (6) Relocating the required statement that a parent has been notified of the parent’s right to file a written notarized statement with the Office of Vital Statistics denying the release of identifying information under 13 Del.C. § 923(b) from the petition to the social report. (7) Eliminating DSCYF’s ongoing obligation to report to the Court after permanent guardianship or guardianship is granted and DSCYF holds parental rights, and codifying Family Court Civil Rule 220 relating to Post-Termination Placement Orders. (8) Clarifying that the Family Court has discretion whether to accept a TPR consent, DSCYF has sole discretion to plan with a parent if it has established a ground to be relieved from planning with that parent, and the time for filing an appeal begins to run after issuance of the Court’s written order. (9) Making technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual, including revising language to use the active voice rather than the passive voice.
 

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Number: SB 143
DHA Position: None
Status: Out of Committee in Senate

An Act to amend Title 30 of the Delaware Code relating to Income Tax Credits.  This bill creates a nonrefundable individual income tax credit for qualified expenses incurred by a family caregiver (claimant) to assist a qualified family member. To be qualified, a family member must be at least 18 years of age, must require assistance with one or more daily living activities as certified by a physician, and must be an immediate family member of the claimant or by marriage, blood, or adoption the claimant's great-grandparent, stepgrandparent, great uncle or great aunt, half brother or half sister, stepbrother or stepsister, stepparent, stepuncle or stepaunt, or first cousin. Subject to a number of limitations, a claimant may claim 50% of the costs of qualified expenses the claimant paid for in the year to which the claim relates. These expenses include amounts spent to improve the claimant's primary residence to assist the family member, equipment to help the family member with daily living activities, and obtaining other goods or services to help the claimant care for the family member. The maximum amount of credit that may be claimed each year for a particular family member is $2,000 or $1,000 if married spouses file separately. If more than one claimant may file a claim related to that family member, the amount of credit each may claim is based on the percentage of the family member's qualified expenses for which each claimant paid during the year. No credit may be claimed by a claimant whose taxable income in the year to which the claim relates exceeds $75,000 if the claimant is single or is married and files separately or $150,000 if the claimant is married and files jointly. Generally under the bill, qualified expenses may not include general food, clothing, transportation, or household repair costs, or amounts that are paid or reimbursed by an insurance company or the government. The credit first applies to taxable years beginning after December 31, 2020. Because the credit is nonrefundable, it may be claimed only up to the amount of the claimant's tax liability.
 

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Number: SB 155
DHA Position: None
Status: Out of Committee in Senate

An Act to amend Title 29 of the Delaware Code relating to the Freedom of Information Act.  This Act revises the Delaware Freedom of Information Act (FOIA) to address how public bodies may respond to FOIA requests that are unreasonable, disruptive, or abusive; requires all public bodies to post notice of meetings electronically; and clarifies and simplifies how a citizen may challenge a public body’s failure to comply with FOIA requirements. This Act does not change the definition of “public record." Specifically, this Act does all of the following: 1. It amends the examination and copying of public records provisions of FOIA to alleviate the significant time, resources, and financial burdens imposed on public bodies by FOIA requests that are unreasonable, disruptive, or abusive. This Act allows a public body to deny a request from a requestor whose intent is to disrupt the essential functions of the public body or abuse the process and allows a public body to charge administrative fees for all reviews, including the review and redaction of information exempt from FOIA. The review and redaction of information is often performed by non-attorney staff in conjunction with necessary review for exceptions and exclusions. 2. Allows a public body to post electronic notice of a meeting on a website maintained, or designated, by the public body. 3. It clarifies, simplifies, and makes uniform the remedies available to citizens when a public body fails to comply with FOIA obligations as follows: • Clarifies that Attorney General or Chief Deputy determinations are advisory and not appealable. • Clarifies the timeframes in which a citizen may file a FOIA petition with the Attorney General. • Eliminates the need for citizens to petition the Attorney General before initiating a lawsuit against an individual or entity that the Attorney General is obliged to represent because this appeal right was under-utilized and of limited utility given the limited record produced in the petition process. • Gives citizens 120 days to bring suit after a FOIA violation, except in that when a petition is filed, a petitioner may file a lawsuit the later of 120 days after the violation occurred or 30 days after issuance of the determination on the petition. • Provides the Superior Court with exclusive jurisdiction over all FOIA disputes, except that lawsuits involving claims for temporary, preliminary, or permanent injunctive relief when there is no adequate remedy at law must be brought in the Court of Chancery. • Clarifies that monetary damages may not be awarded for FOIA violations and requires that an award of attorney fees be reasonable. • Clarifies that a citizen may not file a petition with the Attorney General regarding a FOIA violation that is the subject of a pending lawsuit and that a pending petition is deemed withdrawn if the FOIA violation becomes the subject of a lawsuit. • Imposes a deadline for citizens to submit petitions to the Attorney General to ensure that citizens have sufficient time to pursue judicial remedies after the issuance of a written determination. • Requires the Attorney General or Chief Deputy to issue a written determination within 30 business days of receiving a petition, unless there are exceptional circumstances. This Act requires a greater than majority vote for passage because § 1 of Article IX of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to amend a charter issued to a municipal or educational corporation and this Act may amend a municipal or educational charter. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
 

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Number: SB 157
DHA Position: None
Status: Substituted in Senate
 

An Act to amend Title 21 of the Delaware Code relating to Powers of Attorney, Electronic Signatures, and the Registration of Vehicles.  Delaware’s Power of Attorney statute requires a notary to verify the signature on a document. Many financial institutions have difficulty having the customer appear before a notary for that notarization. There are several electronic signature verification processes that are available to businesses. This bill would create a Power of Attorney for motor vehicle business that would allow for electronic signature verification if the verification system is acceptable to the Department. This bill will enable businesses of all sizes to accelerate document turnaround time and reduce costs, while ensuring document security and privacy.
 

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Number: SS1 for SB 157
DHA Position: None
Status: Ready for Governor’s Action

An Act to amend Title 21 of the Delaware Code relating to Powers of Attorney, Electronic Signatures, and the Registration of Vehicles.  Delaware’s Power of Attorney statute requires a notary to verify the signature on a document. Many financial institutions have difficulty having the customer appear before a notary for that notarization. There are several electronic signature verification processes that are available to businesses. This bill would create a Power of Attorney for motor vehicle business that would allow for electronic signature verification if the verification system is acceptable to the Department. This bill will enable businesses of all sizes to accelerate document turnaround time and reduce costs, while ensuring document security and privacy. The revised bill clarifies when a power of attorney becomes valid, the duration of the power of attorney, and removes any potential conflict with an appointed guardian’s 

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Number: SB 160
DHA Position: None
Status: Ready for Governor’s Action

An Act to amend Title 18 of the Delaware Code relating to Insurance and Line-of-Duty Disability Policies for Certain Emergency Responders.  This allows a policy to be purchased by the Insurance Coverage Office to cover cancer for active Volunteer Firefighters, Paid Firefighters, Fire Marshals, Fire Instructors, Fire Police, EMTs, and Paramedics of the State of Delaware exclusive of those in private sector. This policy will be funded by an assessment calculated based on reporting of gross premiums by insurers writing certain lines of insurance under § 705 of Title 18. The benefits will provide a lump sum for early and advance stages of cancer and monthly income benefits for 36 months.
 

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Number: SB 161
DHA Position: None
Status: Ready for Governor’s Action

An Act to amend Title 18 of the Delaware Code relating to Safe Arms for Babies.  According to the Children’s Bureau within the Administration for Children & Families, U.S. Department of Health & Human Services, all 50 states plus Washington, D.C. and Puerto Rico have enacted infant safe haven laws that allow a parent to surrender a newborn without fear of prosecution. These laws vary in terms of where an infant can be surrendered. Delaware is among 16 states that only permit a baby to be surrendered to a hospital. Twenty-five states allow surrenders at fire stations and 25 states permit surrenders to personnel at police stations or other law enforcement agencies. This Act adds police stations to the designated safe havens where an individual may surrender a baby. This Act makes conforming amendments to other laws of this State based on this addition. Additionally, this Act codifies a portion of the original Safe Arms for Babies law, Chapter 187 of Volume 73 of the Laws of Delaware, that requires the Department of Health and Social Services to take certain actions related to the law. Finally, this Act makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.  HA 1 makes clear that an individual may not surrender a baby at a Delaware State Police station.

 

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Number: SB 162
DHA Position: None
Status: Ready for Governor’s Action

An Act to amend Title 29 of the Delaware Code relating to the Advisory Council to the Division of Developmental Disabilities Services.  This Act is a result of the Division of Developmental Disabilities Services Task Force ("the Task Force"), which was created under Senate Concurrent Resolution No. 62 and extended by House Bill No. 345, both of the 150th General Assembly. This Act fulfills 2 of the Task Force's many recommendations, by requiring that the chair or vice chair of the Advisory Council to the Division of Developmental Disabilities Services be an individual with a developmental disability, and amending the Advisory Council membership to include the following: - 7 representatives of families, service recipients, and self-advocates who currently receive services from the Division of Developmental Disabilities Services. - 5 representatives of a cross section of service providers in the developmental disabilities community who currently operate within the Division of Developmental Disabilities Services system, including residential service providers, day habilitation service providers, employment service providers, clinical service providers, behavioral or mental health service providers. - 5 professional advocates, representing the following organizations: Delaware Developmental Disabilities Council, State Council for Persons with Disabilities, Disabilities Law Program at Delaware Community Legal Aid Society, Inc., The Arc of Delaware, and Center for Disabilities Studies at University of Delaware.  SA 1 clarifies that a member who is serving in their capacity as a family member may continue to serve their appointed term on the Advisory Council after the passing of a family member who was receiving services. Doing so will allow members who wish to remain engaged in advocacy efforts and possess invaluable institutional knowledge to continue to serve on the Advisory Council.

 

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Number: SB 166
DHA Position: None
Status: Ready for Governor’s Action

An Act to amend Title 16 of the Delaware Code and the Laws of Delaware relating to the Distribution of Funds from the Prescription Opioid Impact Fee and Court Settlements.  Delaware has been irreparably harmed by the opioid crisis. In 2018, 400 people died of an overdose in Delaware, and in 2019, 431 people died of an overdose. Settlements from opioid distributors, manufacturers, and pharmacies are expected to provide significant monies over a substantial period of time to Delaware. These funds are intended to address to harm caused by the opioid crisis in our communities. This Act establishes the Prescription Opioid Settlement Fund (Settlement Fund) and Prescription Opioid Distribution Commission (Commission), to ensure that settlement money is used to remediate and abate the opioid crisis and is not diverted to other purposes. The Commission is part of the Behavioral Health Consortium and is established to ensure that decisions on how to spend funds are reached through consensus driven process that takes into account the views and experience of affected communities. The Behavioral Health Consortium will distribute money received by the Settlement Fund and the Prescription Opioid Impact Fund (Impact Fund), enacted by Senate Bill No. 34 of the 150th General Assembly, according to the recommendations of the Commission. The Commission shall seek input from the public and relevant stakeholders and shall convene a Local Government Committee to ensure that recommendations from counties and municipal governments are carefully considered. The terms of settlement agreements, bankruptcy plans, or other agreements for the payment of monies by defendants in opioid-related litigation will likely include terms that establish how the money must be spent. The Commission is required to adhere to those terms. The Commission must produce an annual report regarding the receipt and disbursement of funds. This Act preserves the status quo of the existing parties to litigation while limiting the ability for new local government opioid suits to be brought, because new lawsuits could limit the size of Delaware’s recovery in global settlements that are expected to be reached. This Act repeals the sunset of the Prescription Opioid Impact Fee (Impact Fee) and Impact Fund It also repeals the report requirement for the Impact Fund because the information in that report will be included in the new report that the Commission must produce. This Act requires a greater than majority vote for passage because § 4 of Article VIII of the Delaware Constitution requires the affirmative vote of three-quarters of the members elected to each house of the General Assembly to appropriate funds to a county or municipality. This Act also requires a greater than majority vote for passage because § 1 of Article IX of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to amend a charter issued to a municipal corporation.  SA 1 requires that the co-chairs of the Joint Finance Committee also approve disbursements from the Prescription Opioid Settlement Fund. This amendment also makes technical corrections.
 

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Number: SB 193
DHA Position: None
Status: Introduced and Assigned to Legislative Oversight & Sunset Committee in Senate

An Act to amend Title 29 of the Delaware Code relating to The Revised Uniform Law on Notarial Acts.  This Act adopts the Uniform Law Commission’s (“ULC”) Revised Uniform Law on Notarial Acts (“Revised Uniform Law”). As our State continues to recover from COVID-19, chief among the changes in the Revised Uniform Law relevant to our State’s current situation are those that permit notarial acts to be performed for a remotely located individual, an individual who is not in the physical presence of the individual performing the notarial act. These revisions include recent amendments made by the ULC to respond to areas the law needed to address discovered during the COVID-19 pandemic, including the need to have tangible documents ink-signed and notarized and the administration of oaths taken by remotely located individuals. Adoption of this Act will expand on Governor Carney’s authorization for remote notarization to be performed by licensed Delaware attorneys by allowing all notarial officers authority to perform remote notarization. In addition to including provisions similar to those from the Uniform Law on Notarial Acts that provide integrity in the process of performing notarial acts, the Revised Uniform Law does the following: (1) Provides the authority to notarize electronic documents on par with notarization of tangible documents, including authority for the Secretary of State to regulate notarization of electronic documents. (2) Requires a notary public to maintain a journal of all notarial acts the notary public performs. (3) Adopts new licensing procedures for notaries public, including minimum requirements for commissioning and grounds to deny, suspend, or revoke commissions. (4) Prohibits a notary public from acting in a deceptive or fraudulent manner. Current Delaware law on notarial acts is an adoption of the Uniform Law on Notarial Acts, approved by the Uniform Law Commission in 1982. This Act would bring Delaware law on notarial acts into conformity with at least 19 other states, including Pennsylvania and Maryland, which both currently allow remote notarization and notarization of electronic records.
 

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Senate Concurrent Resolutions

Number: SCR 4
DHA Position: No Position
Status: Passed in Senate & House

This Senate Concurrent Resolution proclaims January 23, 2021, as "Maternal Health Awareness Day" in the State of Delaware.
 

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Number: SCR 8
DHA Position: Support
Status: Passed in Senate & House

This Senate Concurrent Resolution declares that gun violence is a public health crisis, that ending the gun violence devastating Delaware is a policy priority, and supporting policy and legislative solutions that will make schools safe, confront armed hate and extremism, prevent suicide, and center and support survivors of gun violence.
 

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Number: SCR 12
DHA Position: None
Status: Passed in Senate & House

This concurrent resolution recognizes the month of May 2021 as "Healthy Vision Month" in the State of Delaware.
 

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Number: SCR 13
DHA Position: None
Status: Passed in Senate & House

This Concurrent Resolution recognizes November 2021 as "Autoimmune Disease Awareness Month" in the State of Delaware.
 

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Number: SCR 14
DHA Position: None
Status: Passed in Senate & House

This Resolution recognizes April 2021 as "Child Abuse Prevention Month" in the State of Delaware.
 

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Number: SCR 15
DHA Position: None
Status: Passed in Senate & House

Proclaiming October 2021 “Dysautonomia Awareness Month” in the State of Delaware.  Dysautonomia is a group of medical conditions that result in a malfunction of the autonomic nervous system, which is responsible for “automatic” bodily functions such as respiration, heart rate, blood pressure, digestion, temperature control, and more. This Resolution proclaims October 2021 "Dysautonomia Awareness Month" in the State of Delaware.
 

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Number: SCR 17
DHA Position: None
Status: Passed in Senate & House

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

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Number: SCR 19
DHA Position: None
Status: Passed in Senate & House

This Concurrent Resolution recognizes September 2021 as "Prostate Cancer Awareness Month" in the State of Delaware.
 

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Number: SCR 20
DHA Position: None
Status: Passed in Senate & House

This Resolution recognizes April 2021 as "Parkinson's Disease Awareness Month" in the State of Delaware.
 

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Number: SCR 27
DHA Position: None
Status: Passed in Senate & House

This resolution recognizes long-term care workers and facilities in Delaware and designates May 9 through 15, 2021 as Skilled Nursing Care Week in Delaware.
 

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Number: SCR 31
DHA Position: None
Status: Passed in Senate & House

This concurrent resolution designates the month of May 2021 as "Lyme Disease Awareness Month" in the State of Delaware.
 

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Number: SCR 32
DHA Position: None
Status: Passed in Senate & House

This resolution proclaims May 2021 "Cystic Fibrosis Awareness Month" in the State of Delaware.
 

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Number: SCR 33
DHA Position: None
Status: Introduced and Laid on Table in Senate
 

This Senate Concurrent Resolution requests that the United States Congress approve Delaware’s Community Project Fund request for fiscal year 2022 allocating funding to the Statewide Violence Reduction program, to be administered through the Delaware Criminal Justice Council. This fund will provide resources to evidence-based programs for gun violence intervention and prevention statewide, including the Group Violence Intervention program, community-based intervention and interruption programs, and hospital-based violence interruption, as well as prevention programs.
 

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Number: SCR 35
DHA Position: None
Status: Passed in Senate & House

This resolution recognizes May 5, 2021, as Maternal Mental Health Awareness Day in Delaware.
 

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Number: SCR 39
DHA Position: None
Status: Passed in Senate & House

This resolution designates May 2-9, 2021, as "Tardive Dyskinesia Awareness Week" in Delaware.
 

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Number: SCR 44
DHA Position: None
Status: Passed in Senate & House

This Concurrent Resolution creates an Aging-in-Place Working Group that will develop a plan to guide policies designed to promote successful aging-in-place for seniors in Delaware. The group will deliver preliminary recommendations to the General Assembly by March 30, 2022.
 

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Number: SCR 48
DHA Position: None
Status:  Passed in Senate & House

This Concurrent Resolution extends the reporting date of the Non-Acute Patient Medical Guardianship Task Force from June 1, 2021 to August 1, 2021.
 

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Number: SCR 49
DHA Position: None
Status: Passed in Senate

This resolution recognizes the month of June 2021 as Myasthenia Gravis Awareness Month.
 

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Number: SCR 50
DHA Position: None
Status: Passed in Senate

This Senate Concurrent Resolution establishes the purpose and protocol for the creation of an annual report on home visiting programs in Delaware. The report is to be prepared by the Department of Health and Social Services in consultation with the Department of Education and the Delaware Home Visiting Community Advisory Board for review by the Governor, the Delaware State Senate, the Delaware State House of Representatives, the Delaware Kids' Caucus, and the Delaware Early Childhood Council no later than December 1 of each year, and is to include a summary of current practices and challenges, as well as program recommendations.
 

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Number: SCR 51
DHA Position: None
Status: Passed in Senate

This resolution raises awareness that the month of May is Melanoma and Skin Cancer Detection and Prevention Month in Delaware and celebrates ongoing research that lowers melanoma rates.
 

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Number: SCR 58
DHA Position: None
Status: Passed in Senate

This resolution recognizes July 2021 as Uterine Fibroids Awareness Month in Delaware
 

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Number: HCR 62
DHA Position: None
Status: Passed in Senate

This concurrent resolution recognizes June as "Alzheimer's and Brain Awareness Month" in Delaware.

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Senate Joint Resolutions

Number: SJR 4
DHA Position: None
Status: Ready for Governor’s Action

This Senate Joint Resolution designates August 31, 2021 as "International Overdose Awareness Day" in the State of Delaware and directs the State flag to be lowered to half-staff at State facilities and encourages local governments, businesses, and Delawareans to do the same.

 

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Senate Resolutions

Number: SR 11
DHA Position: None
Status: Passed in Senate

This Resolution declares April 22, 2021 as "Stand Against Racism Day" in Delaware.
 

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Number: SR 15
DHA Position: None
Status:   Passed in Senate
 

 
 

This resolution recognizes June 5, 2021, as “HIV Long-Term Survivors Awareness Day” and memorializes the date as the 40th anniversary of the official start of the HIV epidemic in the United States.
 

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Number: SR 19
DHA Position: None
Status: Passed in Senate

This resolution recognizes October 13, 2021 as "Metastatic Breast Cancer Awareness Day" in Delaware and encourages awareness among Delawareans.
 

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Previous Delaware General Assembly Legislation