Delaware Bills

signed · Delaware · House Sep 20, 2023

HB 118: AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE PROHIBITION OF SMOKING IN VEHICLES WHEN A MINOR IS IN THE VEHICLE.

Due to continuing concerns over the negative health effects secondhand smoke will have on the youth of Delaware, this bill adds Smoking Restrictions within vehicles if a person under the age of eighteen (18) is in the vehicle. Also, it makes clear that a police officer will not stop or detain a car solely on suspicion of having violated this Statute.

Dave Wilson (R) Tim Dukes (R) Dave Sokola (D) Stell Selby (D) Charles Postles (R)

signed · Delaware · Senate Sep 14, 2023

SB 184: AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO USE OF CERTAIN FACTORS IN UNDERWRITING PRIVATE INSURANCE.

Research has shown that certain underwriting factors used by insurers, while facially neutral, may have a disparate impact on protected classes. This bill seeks to address this disparate impact by prohibiting certain underwriting and rating factors, despite being correlative with loss, in homeowner’s and private passenger motor vehicle insurance policies. This bill would specifically prohibit an insurer’s consideration of an insured’s or proposed insured’s (i) non-pending arrests, charges and indictments that do not result in conviction, (ii) convictions unrelated to fraud or the risk being insured, or (iii) driver’s license suspensions or revocations for non-driving related reasons. This bill also corrects an incorrect statutory reference in current law.

signed · Delaware · Senate Sep 14, 2023

SB 190: AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO WATER SUPPLY COORDINATING COUNCIL.

Since its creation the Water Supply Coordinating Council (the Council) has provided critical guidance to proactively address identified water supply issues. However, the actions of the Council have largely focused on recommendations and implementation associated with water supplies in the drought-prone portions of Northern New Castle County. While the water supplies in that area remain critical to the State, additional focus is needed on similar water supply coordination in other portions of the State as well. Many of the Council’s reports have made recommendations for other actions in these areas, however, it is critical that appropriate local/regional representation be included to receive the necessary input and feedback that made the New Castle County implementation successful. Therefore, this Act is intended to reconstitute the Council to provide for a smaller more consistent quorum for state-wide coordination while establishing the structure for direct regional (County-level) contributions and implementation. It is intended that the preliminary charge of each County-level subcommittee will be to establish the appropriate memberships to best address their prioritized concerns.

signed · Delaware · Senate Sep 14, 2023

SB 66: AN ACT TO AMEND TITLE 20 OF THE DELAWARE CODE RELATING TO THE PUBLIC HEALTH EMERGENCY PLANNING COMMISSION.

This Act adds the Senate Minority Leader and the House Minority Leader as members of the Public Health Emergency Planning Commission (Commission). This Act also requires the Commission to meet within 30 days of the initiation a state of emergency due to a public health emergency for the purposes of discussing and evaluating, in an advisory capacity to the Governor, the response to the public health emergency. The Commission would be required to continue meeting at least every 30 days until the termination of the state of emergency due to a public health emergency. This Act also defines the term “Commission” in the subchapter-level definition section since the term “Commission” is used in multiple places within Subchapter V of Chapter 31 of Title 20. This Act also adds Commission governance procedures, including length of terms, filling vacancies, and defining quorum. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual, including updating agency names.

signed · Delaware · Senate Sep 11, 2023

SB 153: AN ACT TO AMEND TITLES 12, 14, 16, AND 29 OF THE DELAWARE CODE RELATING TO BEHAVIORAL HEALTH.

This Act makes changes to provisions related to behavioral health and the Division of Substance Abuse and Mental Health to reflect current practices.

signed · Delaware · Senate Sep 11, 2023

SB 152: AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE RIGHTS OF LONG-TERM CARE FACILITY RESIDENTS.

This Act expands the rights of long-term care facility residents by ensuring that long-term care facility residents are entitled to care that recognizes cultural differences and preferences and that long-term care facility residents are made aware of their rights in a language and format that is accessible to the resident. This Act also requires the Department of Health and Social Services to prepare a standardized notice listing all rights detailed in § 1121 of Title 16 in a language and format that is accessible to each resident or their authorized representative. This bill also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

signed · Delaware · Senate Sep 11, 2023

SB 8: AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO MEDICAL DEBT.

This Act is the second substitute for Senate Bill No. 8. Like Senate Bill No. 8 and its first substitute, this Act protects patients from unfair debt collection practices for medical debt, including prohibiting large health care facilities from charging interest and late fees, requiring facilities to offer reasonable payment plans, limiting the sale of debt to debt collectors unless an agreement is made to keep protections in place, providing minimum time before certain collections actions may be taken, limiting liability for the medical debt of others, and preventing the reporting of medical debt to consumer credit reporting agencies for at least one year after the debt was incurred. Violations of the provisions of this Act are considered Prohibited Trade Practices and Consumer Fraud violations. Senate Substitute 1 for Senate Bill No. 8 differed from Senate Bill No. 8 as it required large health-care facilities to provide information to uninsured patients regarding eligibility and the application process for medical assistance. This information must be provided at the time of service or prior to discharge and again with each billing statement. It also created a minimum threshold for eligibility for payment plans, and it reduced the timeframe in which a bill under a payment plan may be first due. The first substitute also defined “medical assistance” and “time of service,” which were not defined in Senate Bill No. 8. This Substitute differs from Senate Substitute 1 in that it changes which medical providers are subject to this Act; it increases the threshold of outstanding debt that requires a payment plan to be offered to patients; it extends the amount of time allowed to provide the medical assistance notice; it refines the definition of medical assistance; it removes examples of companies that are currently credit reporting agencies; it removes a requirement that medical assistance information be printed in any patient’s primary language; it adds a requirement that providers make oral interpretation services available to patients for anything provided under this chapter; it clarifies that the Division of Child Support Services nor anyone filing a child support action is a medical debt collector; it clarifies that anything charged to a credit card is not medical debt; it removes the minimum time before the first payment under a payment plan is due. It also adds Section 2 making this Act effective 6 months after enactment.