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Delaware Bills

Track legislation and stay informed about the bills that matter to you.

State Legislature US Congress

All 5,473 Active 58 In committee 1,778 Passed 1,860 Signed 2,287 Failed 68

signed · Delaware · House Mar 16, 2018

HB 172: AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO HEALTH INSURANCE.

This Bill limits a health insurer’s right to overpayment recovery to two years from the date of the original payment. The time limit does not apply where there is fraud or other intentional misconduct, when overpayment recovery is initiated by a self-insured plan, or where required by a federal or state plan. The bill also requires 30 days’ notice to healthcare providers regarding an attempt to recover overpayment as well as requiring insurers to have policies and procedures allowing challenge to the alleged overpayment. This bill affects all lines of health insurance including both individual and group policies.

signed · Delaware · House Mar 8, 2018

HB 231: AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO ABANDONED, UNCLAIMED, OR UNSOLICITED CULTURAL PROPERTY.

This bill creates an Abandoned Cultural Property Act. The act allows museums to establish title to property that has been donated or left with the museum after any loan period has terminated and the lender cannot be found. Currently such assets drain the museum resources by taking up space and having to be cared for. Museums need a process by which they can establish clear title to abandoned, unclaimed, or unsolicited property. This law will allow more efficient use of museum funds and will assist museums to conserve, display, and ethically dispose of abandoned, unclaimed, or unsolicited property. This bill is modeled after Indiana's law. Delaware is 1 of only 4 states that has no law relating to Abandoned Cultural Property.

signed · Delaware · House Mar 8, 2018

HB 97: AN ACT TO AMEND CHAPTER 51 OF TITLE 24 OF THE DELAWARE CODE RELATING TO COSMETOLOGY AND BARBERING

This Bill modifies the impact of criminal history on an applicant's eligibility for licensure. It gives the Board discretion to grant waivers for a felony convictions for crimes committed against a person where more than 3 years have elapsed, and more than 2 years have elapsed for other felonies. The Board is precluded from considering a conviction where more than 10 years have elapsed since date of conviction. The Bill authorizes the Delaware Department of Correction to establish prison barbering training programs. These programs will provide a means for inmates to satisfy licensure requirements while incarcerated and help with employment opportunities upon release.

signed · Delaware · House Feb 14, 2018

HB 195: AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING NURSING FACILITIES, LONG TERM CARE FACILITIES, AND SERVICES.

Chapter 11 of Title 16 was enacted in 1998. Since that time, there have been many changes to the health care delivery system, including a larger percentage of individuals receiving long term health care services in their homes and settings other than in traditional nursing facilities. This Act updates Chapter 11 of Title 16 to better protect residents of long term care facilities by using consistent terminology, consistent practices, and updating the Code to reflect changes in related areas of the law and in how long term care is provided to ensure that all Delawareans receiving long term care are protected from abuse, neglect, and financial exploitation. This Act replaces the phrase "nursing facility and similar facility" with "long term care facility" and provides detailed definitions of different types of long term care settings and services, including traditional nursing homes. It also changes the term "patients" to "residents," reflecting that people are receiving long term care services where they live, regardless of whether home is a traditional nursing facility, a private residence, or a setting between those levels. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. More specifically, the Act does the following: Sections 2 through 22 amend Subchapter I. These sections specifically list and define the long term care facilities monitored by the Department. Sections 23 through 30 amend Subchapter II. These sections update the Resident's Bill of Rights. Due process protections, including upon discharge, are fully explained and who is the authorized representative for a person who is incompetent is clearly set forth. Sections 31 through 39 amend Subchapter III. These sections update and expand the definitions of abuse and the steps to be taken by the Department and the Department of Justice upon receipt of complaint. It strengthens penalties against individuals and entities that commit or permit abuse of residents. Sections 40 through 43 amend Subchapter IV. These sections update the criminal background check and drug screening requirements for employees of long term care facilities. Sections 44 through 46 amend Subchapter V. These sections update the criminal background check and drug screening requirements for employees of home care agencies. Sections 47 through 48 amend Subchapter VI. These sections update the terms and definitions for the office of the Long-Term Care Ombudsperson. Sections 49 through 51 amend Subchapter VIII. These sections update the terms and definitions for the Nursing Facility Quality Assessment Fund. Section 52 creates a new Subchapter IX to require criminal background checks and drug testing of employees of pediatric extended care centers.

signed · Delaware · House Feb 14, 2018

HB 291: AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO HUMAN TRAFFICKING.

This Act clarifies that the representative appointed by the Secretary of the Department of Health and Social Services to the Human Trafficking Interagency Coordinating Council shall serve as the Council’s temporary chair for the purposes of organizing the initial meeting of the members. A permanent Chair and Vice Chair are to be elected at the first organizational meeting and shall be elected annually thereafter from among the members of the Council.

signed · Delaware · House Feb 14, 2018

HB 247: AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE COUNCIL ON SERVICES FOR AGING AND ADULTS WITH PHYSICAL DISABILITIES

This bill sets forth revisions to the composition of the Council on Services for Aging and Adults with Physical Disabilities.

signed · Delaware · House Feb 14, 2018

HB 225: AN ACT TO AMEND TITLE 16, TITLE 24, TITLE 25, AND TITLE 29 OF THE DELAWARE CODE RELATING TO THE DIVISION OF LONG TERM CARE RESIDENTS PROTECTION.

House Bill No. 208 of the 149th General Assembly changes the name of the Division of Long Term Care Residents Protection to the Division of Health Care Quality. This Act updates the name of the Division where it appears in the Delaware Code and takes effect upon the enactment of House Bill No. 208. House Bill No. 195 revises Chapter 11 of Title 16, removing references to a specific Division in 2 sections. This Act clarifies that the name change in those sections sunset upon the enactment of House Bill No. 195.

signed · Delaware · House Feb 14, 2018

HB 208: AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE DIVISION OF LONG TERM CARE RESIDENTS PROTECTION.

This Act renames the Division of Long Term Care Residents Protection to the Division of Health Care Quality and strengthens the Division's ability to protect Delawareans receiving long term, acute, or outpatient health care. The new name better describes the Division which now includes not only long term care, but also acute and outpatient care facilities and agencies. The Division monitors the quality of care delivered by health care facilities and agencies throughout the state. Definitions are added to include the acute and outpatient care descriptions. Flexibility is added to the report the Division is required to prepare. This Act adds the ability of the Division to request and receive EMS records when performing an investigation that involves a transfer of a consumer, resident, or patient from one care setting to another. An interagency transfer form format is required to ensure better transitions of care for persons as they move from one health care setting to another. This Act gives the Division Director subpoena power so that appropriate records may be obtained during an investigation and so that witnesses may be compelled to appear for a hearing. Finally, this Act adds the requirement for Prescribed Pediatric Care Centers to complete the background checks on employees. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

signed · Delaware · House Feb 14, 2018

HB 295: AN ACT TO AMEND THE LAWS OF DELAWARE RELATING TO THE BOND AND CAPITAL IMPROVEMENTS ACT OF THE STATE OF DELAWARE AND CERTAIN OF ITS AUTHORITIES FOR THE FISCAL YEAR ENDING JUNE 30, 2018.

This Act amends the Fiscal Year 2018 Bond and Capital Improvements Act to (1) authorize the Department of Transportation to use Community Transportation Funds for one-time reimbursements for various projects; (2) allow reprogramming of funds to support the Delaware Strategic Fund; (3) allow Delaware Technical Community College to realign their critical capital needs with available funding; (4) authorize the Department of Transportation to subordinate the State’s fee interest in the Project Site; (5) direct the Department of Transportation not to vacate Sheep Pen Road and keep the roadway in the state highways system; and (6) allow Department of Transportation to transfer funds to the Riverfront Development Corporation.

signed · Delaware · House Feb 14, 2018

HB 127: AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE RELATING TO PUBLIC UTILITIES.

This bill updates Title 26 relating to the requirements for obtaining a certificate to operate in Delaware as a new electric transmission utility. This bill uses language similar to certificate requirements for water, wastewater, and other utility services under the jurisdiction of the Public Service Commission (“Commission”). Due to recent changes in federal law, certain projects will now be available to entities both in and out of state. In order to perform this type of work in Delaware, a company will need to obtain a certificate from the Commission. Currently, there are no qualifications defined for the Commission to assess the impact a project of this nature will have on Delaware and its citizens. This bill will provide the Commission with the necessary authority to assess that impact and revoke a certificate in the future for good cause.

signed · Delaware · House Feb 14, 2018

HB 237: AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO THE REGISTRATION OF VEHICLES.

This bill creates a new vehicle license plate promoting and supporting Keep Delaware Beautiful. This new non-profit organization, affiliated with Keep America Beautiful, has a mission of undertaking initiatives that will beautify Delaware and reduce litter.

signed · Delaware · House Feb 14, 2018

HB 196: AN ACT TO AMEND TITLE 2, TITLE 11, TITLE 16, TITLE 18, TITLE 19, TITLE 24, AND TITLE 30 OF THE DELAWARE CODE RELATING TO LONG TERM CARE FACILITIES.

House Bill No. 195 updates the terms and definitions used in Chapter 11 of Title 16 regarding long term care. This Act updates the terminology used to identify long term care facilities so that it is consistent throughout the Code. Specific updates are as follows: Section 1: Amends § 1822 of Title 2 of the Delaware Code regarding medical transportation by health-care facilities by replacing the words "nursing facilities or similar facilities" with "long term care facilities." Section 2: Amends § 8564 of Title 11 of the Delaware Code by removing the definition of “nursing facility” and “similar facility” and adding a definition of “long term care facility.” Section 3: Amends § 2511 of Title 16 of the Delaware Code by replacing a “sanatorium, rest home, nursing home, boarding home or related institution” with “long term care facility.” Section 4: Amends § 5138 of Title 16 of the Delaware Code by replacing “nursing facility or similar facility” with “long term care facility.” Section 5: Amends § 333 of Title 18 of the Delaware Code by replacing the term “nursing facility” with the term “long term care facility”. Section 6: Amends § 708 of Title 19 of the Delaware Code by replacing the term “nursing homes” with the term “long term care facilities” in the definition of health care facility. Section 7: Amends § 1769B of Title 24 of the Delaware Code by replacing the term “nursing facility” with the term “long term care facility.” Section 8: Amends § 6502 of Title 30 of the Delaware Code by replacing the reference to § 1180 of Title 16 to § 1181 of Title 16 so that the correct statute is referenced. Section 9: Provides that this Act is effective upon the enactment of House Bill No. 195 to ensure that the terms are not changed until the underlying changes have been made to Chapter 11 of Title 16.