The ability of insured dependents and other insured members to receive confidential sensitive health care services without the knowledge of the insured policyholder is greatly impeded through traditional billing processes utilized by health insurers. The most frequent form used is an explanation of benefit (EOB) sent to the policyholder after anyone covered under the policy receives care. The lack of confidentiality for sensitive health care services can often result in insured members simply avoiding necessary health care. This Act amends Titles 18, 29, and 31 to require both individual and group health carriers, including those providing coverage under the State health insurance plans, to use a common summary of payment form, developed by the Department of Insurance, for defined sensitive health care services. The Act prohibits the health carriers from specifying any defined sensitive health care services in the form, allows health carriers to address the form to the insured member, allows insured members to choose their preferred method of receiving said form, and precludes health carriers from sending the form when there is no payment liability for the visit or service provided. The Act also amends Title 31 to provide that any carrier providing health insurance to Medicaid recipients may not divulge defined sensitive health care services without the recipient’s express written or telephone recorded consent. The Department of Insurance is required to issue guidance to health insurers within 1 year of enactment. The Division of Public Health is required to establish a plan to educate health care providers and staff of hospitals, medical offices, community health centers and school-based health centers to promote compliance with this Act within 1 year of enactment.
Currently, Delaware law permits the display of a flag of the United States of America on a flagpole attached to a residential structure. The law also permits display on a flagpole on the premises, but only if the flagpole was installed prior to the termination of developer control. This bill would remove that restriction, such that an individual would be permitted to display a flag of the United States of America on a flagpole even if the flagpole was installed after termination of developer control and regardless of other community association restrictions, deed restrictions, or other restrictions to the contrary.
This Act prohibits a seller from imposing a surcharge on a cardholder who elects to use a credit card in lieu of payment by cash, check, or similar means.
While the consumption of marijuana while driving is an unclassified misdemeanor under § 4764(d) of Title 16 of the Delaware Code, this Act also makes the consumption of marijuana while driving a motor vehicle violation, like alcohol currently is. Thus, this Act enables law enforcement officers to charge a lesser offense and to use a traffic ticket rather than a criminal summons or warrant. This would enable an individual to avoid a conviction for a misdemeanor, as well as provide a better understanding to the general public that marijuana usage while operating a motor vehicle has the same dangers of impairment as drinking an alcoholic beverage. Section 2 of this Act eliminates the definition of “consume” to remove the requirement that the officer observe the act in order for the act to be a crime since “consume” should be given its ordinary meaning for consistency with other provisions in the Delaware Code. Section 3 of this Act provides for a license loss for the consumption of marijuana by those under the age of 21 who drive, operate, or have actual physical control of a motor vehicle. This places the consumption of marijuana in this context on par with the consumption of alcohol. This Act requires a greater than majority vote for passage because § 28 of Article IV of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to create a new crime within the jurisdiction of the Court of Common Pleas, Family Court, or Justice of the Peace Court or to expand the scope of an existing crime within the jurisdiction of the Court of Common Pleas, Family Court, or Justice of the Peace Court.
The ability of insured dependents and other insured members to receive confidential sensitive health care services without the knowledge of the insured policyholder is greatly impeded through traditional billing processes utilized by health insurers. The most frequent form used is an explanation of benefit (EOB) sent to the policyholder after anyone covered under the policy receives care. The lack of confidentiality for sensitive health care services significantly impacts young adults between the ages of 18-26 years of age that are on their parents’ health insurance plans and adults covered as dependents under abusive spouse or family member’s plans. This results in dependents simply avoiding necessary health care for these sensitive health care services. This Act (1) requires health carriers to use a common summary of payment form, developed by the Department of Insurance, in collaboration with health insurers, for defined sensitive health care services; (2) prohibits the health carriers from specifying any defined sensitive health care services in the form; (3) allows health carriers to address the form to the insured member; (4) allows insured member to choose their preferred method of receiving said form; (5) allows the insured member to opt-out of receiving the form when there is no payment liability for the visit or service provided; (6) requires the Department of Insurance and Division of Public Health to educate health care providers and health carriers on the new law. The effective dates for guidance and education requirement are 3 and 6 months, respectively, after enactment.
This Act provides that properties owned by the Riverfront Development Corporation of Delaware are exempt from taxation. The Riverfront Development Corporation of Delaware is an entity created by State law for purposes of planning and development of the area along the Brandywine and Christina Rivers. Removing tax burdens from the Riverfront Development Corporation of Delaware will enable it to better engage in its development efforts, including attracting other investors and tenants, and ultimately promote the common good of the citizens of this State.
This bill creates the Grants-In-Aid Committee. The Committee is a joint committee of the Senate and House of Representatives. The purpose of the Committee is to view applications for grants-in-aid and to develop and recommend to the Joint Finance Committee the grants-in-aid appropriations bill.
Apprenticeship and workplace-based training are an “earn while you learn” systems that offer young people the chance to learn from the best trained construction workers in Delaware. Skilled craft apprenticeship programs offer the necessary capacities, resources, and flexibility needed to help low-income, minority, and female workers achieve and retain construction careers, while simultaneously assisting local construction employers obtain the skilled workforce they need to help drive growth in their local labor markets. This bill removes the “buy-out” for contractors to avoid participating in apprentice programs by paying into the Apprenticeship and Training Fund created in 2021. This “buy-out” benefits bad actors or those businesses only coming into Delaware to work on state taxpayer-funded projects whereas most Delaware merit shops and 100 percent of union shops have apprentice and training programs. The “buy out” also incentivizes contractors or never create training because the maximum cost of the buy-out is less than the cost to operate, fund, or participate in an apprentice program.
In January 2021, of the 57 municipalities in this State, the following 12 municipalities had an agreement with the Department of Elections to use the State’s Voter Registration System to determine if a resident of the municipality is eligible to vote in a municipal election: Camden, Delaware City, Dover, Elsmere, Georgetown, Harrington, New Castle, Newark, Smyrna, Townsend, Wilmington, and Wyoming. Since January 2021, the General Assembly has adopted charter changes authorizing Laurel, Lewes, Milton, and Seaford to use the State’s Voter Registration System, and Milford adopted an ordinance to do so. The residents of the remaining municipalities are required to register with the municipality before voting in a municipal election. While some municipalities are exploring ending municipal voter registration requirements, and the General Assembly has authorized some to do so by changing their charter, this Act would do so for all municipalities as it relates to resident voters. A municipality would continue to be required to maintain municipal voter registration requirements for nonresident voters, as those voters would not be included in the State’s Voter Registration System. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
This Act decreases by 1% the rate of realty transfer tax to be received by the State, thereby returning to the rate that was applicable prior to August 1, 2017. This will be effective for documents recorded after July 1, 2022.
This Act revises the circumstances under which an applicant can be denied a license by the Real Estate Commission because of a criminal conviction. Similar to the recent changes made other professional license requirements, this Act does all of the following: 1. Defines when a crime is substantially related to the professions regulated by the Real Estate Commission. 2. Reduces the time since conviction to be eligible for a waiver of a felony conviction for a crime against a person from 5 years to 3 years. 3. Reduces the time since conviction to be eligible for a waiver of all other felony conviction for a crime from 5 years to 2 years. 4. Clarifies what is meant by being on parole. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
This bill creates a special license plate for Whitetails Unlimited.
