Delaware Bills

signed · Delaware · Senate Aug 29, 2018

SB 227: AN ACT TO AMEND TITLE 16, TITLE 18, AND TITLE 29 OF THE DELAWARE CODE RELATING TO PRIMARY CARE SERVICES.

This Act promotes the use of primary care by doing the following: 1. Creating a Primary Care Reform Collaborative under the Delaware Health Care Commission. 2. Requiring all health insurance providers to participate in the Delaware Health Care Claims Database. 3. 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 for the next 3 years. Despite the demonstrated value of primary care, access to primary care for Delawareans has become increasingly difficult because insurance reimbursement rates fail to support an adequate infrastructure. The national average for primary care spending for an insurance plan is between 6% and 8% of the insurer’s total medical expenditures. Studies recommend, and some states are actively implementing, a 12% to 15% spending rate to have an effective system. Delaware’s average insurance spending on chronic care management and primary care is between 3% and 4%. Nationally, insurance reimbursement for primary care averages between 120% and 140% of Medicare rates. In Delaware the commercial market reimburses independent primary care at rates as low as between 65% and 85% of Medicare rates. Reliable data regarding insurance spending is difficult to obtain due to a combination of contractual restrictions and an absence of mandatory health care price transparency requirements applicable to commercial plans in Delaware This Act simultaneously enacts short-term and long-term solutions to strengthen the primary care system in this State. While the Primary Care Reform Collaborative and the Delaware Health Care Commission study and development long-term recommendations, requiring insurers to reimburse for chronic care management and primary care at the Medicare rates will stabilize existing resources and provide immediate benefits. The Primary Care Reform Collaborative and the Delaware Health Care Commission have reliable data and information from the Delaware Health Care Claims Database to use in this analysis and to make recommendations that will strengthen the primary care system in Delaware.

signed · Delaware · Senate Aug 29, 2018

SB 157: AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO EXPEDITED PARTNER THERAPY.

Expedited partner therapy (EPT) is the clinical practice of treating the sex partners of patients diagnosed with a sexually transmitted disease without clinical assessment of the partners. In August 2006, the Centers for Disease Control and Prevention (CDC) recommended EPT as an evidence-based option to manage chlamydial infection and gonorrhea by treating index patient’s sex partners to prevent reinfection and curtail further transmission. As of July 2017, EPT is permissible in 41 states. This Act makes EPT clearly permissible in Delaware and requires that health care professionals provide information developed by the Department of Health & Social Services when providing EPT. This Act provides immunity to health care practitioners and pharmacists acting in compliance with the statute and also provides immunity to health care practitioners who do not provide EPT and pharmacists who do not fill a prescription written under this statute if doing so would violate any of the laws that govern pharmacies and pharmacists. This Act also makes technical corrections to the definitions section to correct a reference and to conform existing law to the standards of the Delaware Legislative Drafting Manual.

signed · Delaware · Senate Aug 29, 2018

SB 197: AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO POSSESSION OF MARIJUANA, POSSESSION OF DRUG PARAPHERNALIA AND EXPUNGEMENT.

This Act provides mandatory expungement eligibility to individuals who were convicted of the possession, use or consumption of marijuana prior to Delaware’s decriminalization of these offenses. To be eligible for the mandatory expungement, the marijuana conviction must be the applicant’s only criminal conviction.

signed · Delaware · House Aug 29, 2018

HB 412: AN ACT TO AMEND TITLE 5 OF THE DELAWARE CODE RELATING TO LIMITATIONS ON PLEDGING OR HYPOTHECATING ASSETS OF BANKS AND TRUST COMPANIES.

This Act amends § 918 of Title 5 of the Delaware Code, which sets forth limitations on pledging or hypothecating assets of banks and trust companies, to modernize these limitations to apply to the current practices of banks and trust companies while not affecting the safety and soundness of banks and trust companies. Section 1. This section amends § 918 of the Delaware Code (i) to clarify that the limitations in § 918 apply to pledges and hypothecations to secure guarantees, credit exposures, or other potential liabilities in addition to borrowings; (ii) to exclude from the limitations in § 918 any pledge, hypothecation, repledge, or rehypothecation by a bank or trust company supervised by a federal banking agency if the pledge, hypothecation, repledge, or rehypothecation is permitted under applicable federal law or regulations or orders promulgated thereunder by the federal banking agency; and (iii) to make technical changes to update § 918 to conform to the standards of the Delaware Legislative Manual.

signed · Delaware · House Aug 29, 2018

HB 332: AN ACT TO AMEND TITLES 6 AND 31 OF THE DELAWARE CODE RELATING TO FINANCIAL EXPLOITATION.

This bill mandates reporting by certain employees of broker-dealer or investment adviser firms who have a reasonable belief that financial exploitation of an eligible adult has occurred, been attempted, or will be attempted. Reporting will be to both the Investor Protection Director and the Department of Health and Social Services. It also enables broker-dealers and investment advisers to delay disbursement from an account of an eligible adult where financial exploitation is suspected. This also includes definitions of “eligible adult,” “financial exploitation” and “qualified individual” to be inserted into the Securities Act.

signed · Delaware · House Aug 29, 2018

HB 292: AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO SERVICES FOR CHILDREN WITH AUTISM SPECTRUM DISORDER.

This Act implements the recommendations of the March 2105 Autism Educational Task Force report regarding § 1332 of Title 14, the Program for Children with Autism and its Special Staff. Enacted nearly three decades ago, this law established a network of educational programs initially within a separate school structure known as The Delaware Autism Program (DAP). Today, this network continues as a combination of both separate school programs and within local school district support services. However, the current model does not reflect current practices in special education, especially regarding inclusive education, and parents’ desire to have their children educated in their local communities. In addition, the increase in students with an educational classification of autism spectrum disorder (“ASD”) has made it difficult for the Statewide Director to provide the level of services and support that once was offered. This Act establishes the qualifications and duties of the Statewide Director and enhances the current mandatory committee structure to include a Parent Advisory Committee, in addition to the Peer Review Committee and Statewide Monitoring Review Board, to increase family input, monitoring, and protections. This Act creates a 3 year pilot program that revises the concept of DAP toward a system in which the statewide Director will work in collaboration with a team of experts to provide technical assistance and training to districts and educational entities. It allows for and provides adequate resources for all students with ASD in Delaware by eliminating the distinction between DAP-approved programs and other in-district options and by providing in-state experts at a lower cost than out-of-state residential treatment and consultants. The pilot program created under this Act makes changes that recognize and support the need for specialized technical assistance and training staff to be available to build capacity for teachers in all districts and other programs educating students with ASD. These changes expand available supports so that excellent, evidence-based training and technical assistance can be made available to all Delaware schools and the students who attend them. The pilot program created under this Act establishes a technical assistance team of educational autism specialists numbering a ratio of 1 for every 100 students (currently estimated at 15 positions). The fiscal mechanism to support the pilot program will be accomplished through mandated district participation that is consistent with the current needs-based funding system in Delaware and by redirecting state spending towards lower cost, community-based supports from out-of-state residential placements. The number of training specialists will be phased in over several years or until the pilot program ends. Finally, this Act is known as "The Alex Eldreth Autism Education Law" in memory Alex Eldreth, who passed away unexpectedly on November 24, 2017, and his dedication to this work.

signed · Delaware · Senate Aug 29, 2018

SB 189: AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE RELATING TO THE UNDERGROUND UTILITY AND SAFETY ACT.

The U.S. Department of Transportation has recently found Delaware to be non-compliant with enforcement of underground excavation violations. This jeopardizes federal funding for the Commissions pipeline safety program. Two principal reasons for this have been the lack of notification to State agencies and the lack of enforcement when damage is known. This bill updates Title 26, Chapter 8 by ensuring notification of excavation damage to the appropriate State agencies for potential penalties or other enforcement proceedings. It provides that either the Attorney General or the Public Service Commission may enforce penalties appropriate for the circumstances and gravity of the violation.

signed · Delaware · House Aug 29, 2018

HB 401: AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE CONTROLLED SUBSTANCES ACT.

Currently the US FDA is reviewing a New Drug Application (NDA) of a pharmaceutical product containing cannabidiol (CBD) to treat patients with rare pediatric seizure disorders. If approved, this drug will be required to be prescribed and dispensed like other FDA approved products. However, to make sure that this product and future FDA approved marijuana containing products are available to patients as soon as possible, a change in Delaware law is required. This bill would exempt federally lawful FDA approved marijuana containing products from Schedule I of the state’s Controlled Substances Act until they are rescheduled under Delaware law. This would allow patient access to new therapies without an administrative delay, and allow FDA approved marijuana containing medicines to be prescribed, dispensed and regulated like other FDA approved pharmaceutical products. Illegal possession or sale of these drugs would be prosecuted as any other violation of the Controlled Substance Act.

signed · Delaware · Senate Aug 29, 2018

SB 172: AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO SCHOOL FUNDING TRANSPARENCY.

This bill will increase the public transparency of education funding information by directing the Department of Education to: 1. Establish, in collaboration with stakeholders, a statewide approach for districts and charter schools for reporting expenditures at the school level and the school’s share of central office expenditures so that per-pupil expenditure data is consistent and comparable across the State. 2. Report per-pupil expenditure data with key information that provide context on differences in funding such as school type, student demographics, and student outcomes. 3. Provide optional trainings to increase understanding of the data. As a result, this bill is intended to enable all taxpayers, parents, and schools to understand their school spending and resources in order to make data-driven decisions for students.

signed · Delaware · Senate Aug 29, 2018

SB 7: AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THE DELAWARE COUNTY AND MUNICIPAL POLICE/FIREFIGHTER PENSION PLAN.

This Act provides county and municipal police and firefighters with the same pension burial benefit that is provided to state employees effective July 1, 2016. This Act is named for Wilmington Firefighters Captain Christopher M. Leach, Lieutenant Jerry W. Fickes, and Lieutenant Ardythe D. Hope, who lost their lives fighting a house fire on September 24, 2016.

signed · Delaware · Senate Aug 29, 2018

SB 212: AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE RELATING TO THE HISTORIC PRESERVATION TAX CREDIT.

This Act increases the maximum tax credit available for owner occupied historic property by $10,000. This Act also makes a technical correction to the existing law.

signed · Delaware · House Aug 29, 2018

HB 368: AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THE GREEN ALERT PROGRAM FOR CERTAIN MISSING PERSONS.

This Act creates the Green Alert Program to aid in locating missing members of the armed forces, including veterans, who have a physical or mental health condition that is related to their service. This Act is modeled after Delaware’s existing Gold Alert and Blue Alert Programs.

Bill results