Delaware Bills

signed · Delaware · House Oct 19, 2021

HB 166: AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO THE ELEVATE DELAWARE PROGRAM.

Like House Bill No. 166, House Substitute No. 1 for House Bill No. 166 establishes the Elevate Delaware program. Elevate Delaware will provide payments for tuition and auxiliary expenses, up to $10,000, for individuals to attend an approved non-credit certificate program. The Workforce Development Board will create a list of non- credit certificate programs eligible for the Elevate Delaware program and establish priorities based upon the skill requirements of employers in Delaware. It also allows the Department of Labor to provide payments to participants in Elevate Delaware to cover auxiliary expenses necessary to meet basic living expenses or purchase supplies necessary for the non-certificate program or employment upon completion of the program. House Substitute No. 1 for House Bill No. 166 differs from House Bill No. 166 as follows: 1. Instead of basing eligibility upon graduation from a Delaware high school, individuals are eligible for Elevate Delaware if they are employed by an employer with under 51 employees and are subject to Delaware income tax. This change helps small employers expand by investing in workforce development and helps Delaware residents increase their earning capacity. Currently, over 83% of Delaware employers have under 51 employees. 2. States that the intent of Elevate Delaware is to preserve jobs in Delaware and for Delaware residents and that the Department of Labor may recoup payments made on behalf of individuals if either the individual or an employer acts in bad faith under the requirements of Elevate Delaware. 3. Requires that if an individual is not a resident of Delaware, the individual’s employer must intend to retain the individual as an employee for at least 1 year following completion of the eligible program and the individual must intend to work in Delaware for at least 1 year following completion of the eligible program. 4. Tuition payments are made directly to an eligible program. 5. Allows Elevate Delaware payments to be made for supplies an individual needs for the training program or employment upon completion of the program. 6. Requires the Workforce Development Board to approve non-credit certificate programs throughout the State, based upon the population of each county. 7. Takes effect for program that begin after December 31, 2021 instead of within 1 year from enactment of this Act. 8. Removes the requirement that the Joint Legislative Oversight and Sunset Committee review this Act because this review can occur without a specific requirement in this Act.

signed · Delaware · Senate Oct 14, 2021

SB 107: 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.

signed · Delaware · Senate Oct 14, 2021

SB 105: AN ACT TO AMEND TITLE 16 AND TITLE 24 OF THE DELAWARE CODE RELATING TO PHARMACISTS DISPENSING AND ADMINISTERING 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.

signed · Delaware · Senate Oct 14, 2021

SB 161: AN ACT TO AMEND TITLE 11 AND TITLE 16 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.

signed · Delaware · Senate Oct 14, 2021

SB 166: 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.

signed · Delaware · Senate Oct 12, 2021

SB 12: AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO EDUCATION AND THE DELAWARE STUDENT EXCELLENCE EQUALS DEGREE ACT.

The purpose of this act is to open up The Delaware Student Excellence Equals Degree Act (SEED Act) to adult Delaware residents, who are not recent high school graduates. Currently, about 56% of Delawareans age 25-64 lack a post-secondary degree. This expansion of the SEED grant program will encourage adult learners to return to school to enhance their knowledge and skills and increase their job opportunities. Adult individuals with a high school diploma or less education were significantly impacted by Covid-19-related job loss. This legislation can help to mitigate the effects of the pandemic on those adults. Tennessee has instituted a similar program called the Tennessee Reconnect Act.

signed · Delaware · House Oct 6, 2021

HB 240: AN ACT TO AMEND TITLE 31 OF THE DELAWARE CODE RELATING TO EMERGENCY HOUSING ASSISTANCE FOR COLLEGE STUDENTS AND APPROPRIATING GENERAL FUNDS TO THE STUDENT EMERGENCY HOUSING ASSISTANCE FUND.

This Act creates the Korey Thompson Student Emergency Housing Assistance Fund for the benefit of housing insecure undergraduate students at any college or university in Delaware and appropriates $90,000 to the Fund for FY2022. DSHA is charged with administering the Fund and reporting to the Governor and the General Assembly how the funds are spent.

signed · Delaware · Senate Oct 1, 2021

SB 120: AN ACT TO AMEND TITLE 16 AND TITLE 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.

signed · Delaware · Senate Sep 30, 2021

SB 177: AN ACT TO AMEND TITLE 15 OF THE DELAWARE CODE RELATING TO ELECTIONS.

This Act makes the following changes to election law: (1) Increases the contribution or expenditure threshold for requiring a candidate for a public office, including a municipal office, to form a candidate committee, or file a statement of organization, with the State Election Commissioner from $2,000 to $5,000. (2) Changes the deadline to file campaign finance reports from 4:30 p.m. to 11:59 p.m. and makes clear that the reports are required to be filed electronically using the Department of Elections’ campaign finance reporting system. (3) Provides a deadline by which a candidate must withdraw to be removed from the general election ballot. 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 municipal charter.

signed · Delaware · Senate Sep 30, 2021

SB 176: AN ACT TO AMEND TITLE 15 OF THE DELAWARE CODE RELATING TO ELECTIONS.

This Act does the following: (1) Permits the State Elections Commissioner (“Commissioner”) to issue a citation to a reporting party who fails to file or deliver a required campaign finance report. (2) Requires the Commissioner to publish the name of a candidate who without reasonable cause failed to file a campaign finance report or has been assessed an administrative penalty. (3) Requires a reporting party who fails to file or deliver a required campaign finance report to take training on the Department of Elections’ electronic campaign finance reporting system. (4) Caps the amount of an administrative penalty that may be assessed by the Commissioner for a tardy campaign finance report. (5) Permits the Commissioner to authorize a payment plan for, waive administrative penalties under $500 owed by, or negotiate the total amount of administrative penalty owed by a reporting party, if the reporting party has filed or corrected a tardy report. Section 4 of this Act makes this authority retroactive to fines imposed by the Commissioner before the effective date of the Act. (6) Permits an administrative penalty to be paid by a political committee or political action committee, instead of by a reporting party. The Act makes this authority retroactive to fines imposed by the Commissioner before the effective date of the Act. (7) Increases the amount of time the Reports Appeals Subcommittee has to meet following the filing of an appeal. (8) Increases the stipend a member of the Reports Appeals Subcommittee may receive for attending a meeting from $50 to $100 and the total yearly stipend a member may receive from $250 to $500. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

signed · Delaware · House Sep 30, 2021

HB 218: AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO HUNTING AND FISHING AUTHORIZATIONS.

This Act modernizes fishing, hunting, and trapping license and associated waterfowl and trout stamp specifications to include digital formats. This Act refines the definition of waterfowl consistent with the gamebird waterfowl definition in existing code for determining when a waterfowl stamp is required to hunt waterfowl. This Act also eliminates trout catch reporting requirements, clarifies when and where a trout fishing stamp is required for fishing, and corrects certain trout stamp exemptions in the current code.

signed · Delaware · House Sep 30, 2021

HB 41: AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO AUTOMOBILE INSURANCE POLICIES.

Section 1 of this Act clarifies that the reinstatement obligations of insurers under Section 3903(d) apply in instances of both nonrenewals and cancellations of policies due to nonpayment of premiums. Sections 2 through 4 of this Act revise the method by which an insured may contest or appeal a nonrenewal or cancellation of an automobile policy from a hearing process to a review by the Commissioner on the papers, which reflects the Department’s prior practices in handling these appeals and provides a more streamlined and efficient process for timely reviewing a consumer’s appeal. Section 5 of this Act extends the protections against unfair automobile insurance rating practices related to a service member’s deployment to deployments both within and outside of the U.S. and its waters.

Bill results