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in committee · Delaware · House May 2, 2024

HB 384: AN ACT TO AMEND THE NEWARK CITY CHARTER AUTHORIZING THE CITY OF NEWARK TO LEVY A TAX ON COLLEGES AND UNIVERSITIES WITHIN THE CITY OF NEWARK.

This Act amends the Newark Charter by authorizing the City of Newark to levy and collect a per student, per semester tax on Colleges and Universities that host in person classes which are located within the boundaries of the City of Newark. This tax applies to all colleges and universities including any organizations that are considered subdivisions of the State of Delaware or are otherwise tax exempt, including but not limited to the University of Delaware. It also limits the available payment methods to restrict the use of credit cards for the payment of the aforementioned tax.
Ed Osienski (D) Dave Sokola (D) Cyndie Romer (D) Paul Baumbach (D)
in committee · Delaware · House May 2, 2024

HB 359: AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO PERSONAL DATA PRIVACY AND CONSUMER PROTECTION.

This Act is a substitute for House Bill No. 359. This Act, like House Bill No. 359, changes the applicability of the Delaware Personal Data Privacy Act. This Act differs from House Bill No. 359 because instead of applying all of the provisions of the Delaware Personal Data Privacy Act to the State government, this Act limits the application to the State government only for purposes of a consumer enforcing a right under § 12D-104(a)(6) of Title 6 of the Delaware Code to opt out of the processing of the consumer’s personal data for the purpose of targeted advertising, the sale of personal data, and profiling in furtherance of solely automated decisions that produce legal or similarly significant effects concerning the consumer.
Bryan Shupe (R) Stell Selby (D) Sean Lynn (D) Lyndon Yearick (R) Val Longhurst (D)
signed · Delaware · House Apr 30, 2024

HB 315: AN ACT TO AMEND TITLE 9, TITLE 14, AND TITLE 31 OF THE DELAWARE CODE RELATING TO TECHNICAL CORRECTIONS.

This Act makes technical corrections to remove racist language and provisions from the Delaware Code. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual and the current responsibilities of Delaware agencies.
Dave Wilson (R) Sherry Dorsey Walker (D) Madinah Wilson-Anton (D) Kerri Harris (D) Trey Paradee (D)
signed · Delaware · House Apr 30, 2024

HB 288: AN ACT TO AMEND THE DELAWARE CODE AND CHAPTER 168 OF VOLUME 84 OF THE LAWS OF DELAWARE RELATING TO THE DIVISION OF RESEARCH.

This Act changes the name of the Division of Research to the "Division of Legislative Services" (Division) to more fully reflect the tasks that the Division performs. In addition to legislative research, the Division's tasks include drafting bills, editing the Delaware Code, staffing task forces, printing bills and other materials for the General Assembly, providing constituent and legislator services through the Legislative Information Office, and publishing the Register of Regulations and Administrative Code. This Act also gives the Director of the Division a consistent job title throughout the Code. Section 28 and Section 43 of this Act change "Legislative Council" to the Division to conform the law to current practice. For reports that must be submitted to the Division, this Act makes consistent that those reports must be submitted to the Librarian of the Division, in addition to the Director. Section 62 delays the effect of this Act until November 6, 2024, to coincide with the start of the 153rd General Assembly. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
Dave Sokola (D) Stell Selby (D) Mike Ramone (R) Kerri Harris (D) Lyndon Yearick (R)
signed · Delaware · Senate Apr 30, 2024

SB 220: AN ACT TO AMEND TITLE 18 RELATING TO HEALTH INSURANCE FOR CHILDREN AND PERSONS ON MEDICAID.

Medicaid is generally the “payer of last resort,” meaning that Medicaid only pays claims for covered items and services if there are no other liable third-party payers for the same items and services. When Medicaid beneficiaries have one or more additional sources of coverage for health care services, third-party liability (TPL) rules govern the legal obligation of such third parties. Section 1902(a)(25)(A) of the Social Security Act defines third-party payers as health insurers, managed care organizations, and group health plans, among others. The federal Consolidated Appropriations Act of 2022 (CAA 2022), enacted March 15, 2022, increased state flexibility with respect to TPL. Section 202 of the CAA, 2022 amended section 1902(a)(25)(I) of the Act to require a state plan for medical assistance to provide assurances satisfactory to the Secretary that the state has state laws in place that bar responsible third-party payers (other than Medicare plans) from refusing payment for an item or service solely on the basis that such item or service did not receive prior authorization under the third-party payer’s rules. Specifically, if the responsible third party requires prior authorization for an item or service furnished to a Medicaid-eligible individual, the responsible third party must accept the authorization provided by the state that the item or service is covered under the state plan (or waiver of such plan) for such individual, as if such authorization was made by the third party for such item or service. Authorization by the state means that the item or service an individual received (and for which third-party reimbursement is being sought) is a covered service or item under the Medicaid state plan (or waiver of such plan) for that individual. The effective date for this new federal provision is January 1, 2024, with an exception for states that first need to pass state legislation to comply with the change in law. This bill is intended to update the provisions of Title 18, § 4003 to make them consistent with federal law contained in the Consolidated Appropriations Act of 2022.
Pete Schwartzkopf (D) Sherry Dorsey Walker (D) Kerri Harris (D) Kendra Johnson (D) Eric Morrison (D)
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