AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO CERTIFICATE OF PUBLIC REVIEW.

The standalone requirement to obtain a Certificate of Public Review before acquiring major medical equipment is repealed. Such acquisitions may still be subject to review if they meet the capital expenditure threshold in Section 9304(a)(2).

Section 9304(a)(5) is repealed entirely.

New definition of 'major medical equipment' in Section 9302(6) with a $5,800,000 capital expenditure threshold (adjusted annually for inflation via BLS index), plus exemptions for technology not yet available in Delaware or designated by the Board.

Section 9304(a)(2) raises and clarifies the capital expenditure threshold to $5.8 million with annual inflation adjustment, adds a carve-out exempting medical office buildings from review, deems lease or donation acquisitions as capital expenditures if purchase would have required review, and allows the Board to exempt expenditures for maintaining physical structure not related to direct patient care.

Section 9304(a)(1) removes the word 'nonprofit' from the acquisition requirement, broadening it to cover acquisition of any health-care facility, not just nonprofit ones.

Section 9304(a)(4) specifies that major medical equipment acquisitions are subject to review regardless of whether made by a health-care facility or through capital expenditure, operating expense, or donation. Exemptions include replacement with similar equipment, and use in freestanding acute inpatient rehabilitation hospitals, business/industrial first aid stations, school/university infirmaries, or prison infirmaries.

Various drafting corrections made to conform with the Delaware Legislative Drafting Manual, including changing 'Any person' to 'A person' and restoring a missing word in Section 9304(a)(2).

The effective date of July 1, 2026 that was added in HA 1 is no longer present in the final bill text.