Healthcare

This Act authorizes physician assistants, occupational therapists, and nurse practitioners to practice dry needling. This Act sets forth requirements and limitations pertaining to the practice of dry needling. Dry needling may not be performed without a physician referral, and physician assistants, nurse practitioners, and occupational therapists may not hold themselves out as acupuncturists unless they are licensed acupuncturists.

This Act requires that effective amounts of folic acid be added to corn masa flour and corn masa which are staples in many minority diets. Under this Act, corn masa flour sold or used in the State must contain folic acid at a level of .7 mg of folic acid per pound of corn masa flour. Wet corn masa product must contain .4 mg of folic acid per pound of end product. These products must include a declaration of folic acid on the nutrition label in accordance with applicable federal law. Minority communities in the United States face a greater risk of neural tube defects (NTDs), which are serious birth defects that occur during early pregnancy. NTDs include spina bifida, characterized by an opening along the spine that can cause mild to severe nerve damage and disability, and anencephaly, a fatal condition where parts of the brain or skull are missing in newborns. Research has shown that daily intake of folic acid can reduce the risk of NTDs by over half. In response, the U.S. Food and Drug Administration mandated folic acid fortification in enriched cereal grain products in 1998, resulting in a 35% reduction in NTD cases. However, this policy did not include corn masa flour, a staple in many minority diets.

This House Substitute for House Bill No. 394 creates a process for which the Division of Public Health creates signage stating that energy drinks and caffeinated dietary supplements are not recommended for children, individuals sensitive to caffeine, pregnant women, or women who are nursing. Dealers of energy drinks and caffeinated dietary supplements are then required to display the sign in a publicly visible location next to the products.

This Act amends the Childhood Lead Poisoning Prevention Act to update the statutory definition of confirmatory blood lead testing for children under 16 years of age. The Act allows a confirmed elevated blood lead level to be established either through a venous blood lead test or through two capillary blood lead screenings collected within 12 weeks of each other, provided that the applicable lead reference value is met or exceeded. Two positive capillary blood lead screenings yield an effective specificity of approximately 99.75% when properly collected. This change is consistent with the Centers for Disease Control and Prevention surveillance case definition, reduces barriers to case identification and management, and requires conforming regulatory updates.

This Act provides that health care facilities must permit patients who have been issued and possess a valid registry identification card for the medical use of marijuana and have a terminal illness to use medical marijuana on the health care facilities’ premises, subject to certain restrictions. However, a health care facility may prohibit or suspend such use of medical marijuana under some circumstances, such as if the facility's medical professionals determine that use of medical marijuana may have an adverse impact on the medical care and treatment of the patient or is otherwise contraindicated, or if a federal regulatory agency, the United States Department of Justice, or the Centers for Medicare and Medicaid Services initiates an enforcement action against a health care facility based on the use of medical marijuana on the facility's premises or issues a rule or guidance prohibiting the use of medical marijuana at health care facilities. In addition, the Act provides that a person is not subject to civil or criminal liability or professional discipline for complying with the Act, except in cases of gross negligence, recklessness, or intentional misconduct. This Act is modeled on a 2021 California law known as "Ryan's Law."

The purpose of this Act is to expand patient access to physical therapy services. Currently, a physical therapist may treat an individual without a referral up to 30 days after which time a physician must be consulted. The amendment extends that deadline to 90 days with the objective of ensuring continuity of care. Physical therapists will still be required to practice within their scope of training and expertise. This Act also clarifies the requirements for renewal and reactivation of licenses to ensure consistency with other Title 24 boards and the processes used by the Division of Professional Regulation.

This Act creates a special open enrollment period for persons who are already enrolled in a Medicare supplement policy or certificate to cancel their existing policy or certificate and purchase another Medicare supplement policy or certificate that provides the same or lesser benefits. Only persons who are already enrolled in a Medicare supplement policy or certificate are eligible for the special open enrollment period. The special enrollment period begins 30 days before an eligible person's birthday and remains open for at least 30 days following the eligible person's birthday. During this special open enrollment period, individuals switching from one Medicare supplement policy to another cannot be denied coverage and coverage and rates cannot be dependent upon the person’s medical history. The Act also obligates issuers to notify eligible persons who are enrolled in their Medicare supplement policies or certificates of the dates of the open enrollment period, at least 30 days before it begins, and of any modification to the benefits provided by the policy under which the person is currently insured. This Act also allows persons enrolled in a Medicare Advantage plan to cancel their existing policy, enroll in Medicare during the annual Medicare open enrollment period and apply for a Medicare supplement policy. For individuals switching from Medicare Advantage to a Medicare supplement policy, the Act prohibits issuers of Medicare supplement policies from denying applications for such policies but does allow issuers to individually rate and apply a pre-existing condition limitation.

This bill amends Delaware law to give the Department of Public Health (DPH) authority to approve supervised clinical training for mental health providers at school-based health centers. It directly affects mental health professionals seeking training placements within school health centers. The key provision establishes DPH as the official body responsible for approving these training rotations. This creates a formal process for integrating mental health provider training into school settings without altering existing center operations.

This is a Substitute for Senate Joint Resolution No. 7. Like Senate Joint Resolution No. 7, this Substitute directs the State Employees Benefits Committee (SEBC) to utilize specific strategies and policies when interacting and contracting with Pharmacy Benefit Managers (PBM) in order to achieve lower cost pharmaceutical drug benefit plans for the State. This Substitute differs from Senate Joint Resolution No. 7 by clarifying that the SEBC has a duty to consider all of the following strategies and policies when negotiating for pharmaceuticals: 1. Drug cost transparency. 2. Formation of an independent Pharmacy and Therapeutics Committee. 3. Any other supply chain tactics such as a reverse auction or transparency committee. 4. Compacts with other states to negotiate directly with drug manufacturers. 5. Paying no higher price for all drugs negotiated by Medicare. 6. Requiring PBMs disclose administrative expenses for all pharmaceutical drugs. 7. Requiring PBMs bid based on lowest pricing sources, not average wholesale price. 8. Requiring the SEBC be provided all agreements between PBMs and pharmaceutical companies when those agreements are for drugs contracted for on behalf of the SEBC. 9. Performing audits when the SEBC believes it should be entitled to information to achieve transparency or clarity. This Substitute differs from Senate Joint Resolution No. 7 by directing the SEBC to prepare a report by August 1, 2026, to summarize any difficulties in implementing any of these policies and to submit the report to the Governor; the President Pro Tempore of the Senate and Speaker of the House of Representatives, for distribution to all members of the General Assembly; the Director and the Librarian of the Division of Legislative Services; and the Public Archives.

This Act would allow for Exceptional Care for Children (ECC) to continue receiving an exemption from the nursing facility quality assessment. It is intended to be a technical clean-up bill to continue ECC's exemption once the Bridge Unit is open. The Bridge Unit will allow ECC to help a small number of individuals, who turn 21 while in ECC's care, transition from a pediatric setting to an adult setting.