Healthcare

The Health Care Professional Access Act requires carriers to participate in uniform processes with specific timetables to create speed-to-market for health care professionals. Currently, health care professionals may be employed for 6 months or more with no ability to collect insurer reimbursement due to lengthy carrier credentialing process. Ensuring uniformity across carriers, as well as relevant procedural standards, will help attract and retain health care professionals in our state, enable movement between practices and the creation of new ones, and ensure nondiscrimination in credentialing decisions. Under this Act, credentialing processes are limited to 45 days. This Act additionally provides for provisional credentialing, whereby reimbursement ability is provided even more quickly for certain health care professionals, including FQHCs, and in designated shortage areas which currently include mental health professionals statewide and primary and dental care in Kent and Sussex Counties, or is offered if timelines are not met. Oversight of compliance with this Act falls to the applicable regulatory agency. The Act also ensures specific processes and health care professional rights during a carrier’s intent to terminate a credential. More than 30 states have credentialing standards in law, with additional jurisdictions considering relevant legislation. Components of this legislation are derived from the National Association of Insurance Commissioners’ Health Care Professional Credentialing Verification Model Act. This substitute differs from the original in that it does the following: - Clarifies that it applies to those carriers that require credentialing and does not require carriers to create a credentialing process if they do not already do so; - Clarifies the process for credentialing of health care professionals whose primary or home state is not Delaware and prefer to use the credentialing process in their primary or home state; - Allows a carrier to require earlier recredentialing to address activity that could disqualify a health care professional from credentialing; - Allows for certain electronic delivery of recredentialing notices; - Simplifies the language for the basis to deny, suspend, nonrenew, or terminate a health care professional’s to align with NCQA standards; - Clarifies that the penalties and remedies in this Act are in addition to those already otherwise available; and - Makes technical changes to information about CAQH.

This House Concurrent Resolution requests the Department of Labor to evaluate the feasibility of apprenticeship programs for school-based mental health professionals and submit a report to certain members of the General Assembly, the Office of Management and Budget, and the Controller General by November 1, 2026.

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.

The Department of Health and Social Services (DHSS), through the Division of Services for Aging and Adults with Physical Disabilities (DSAAPD), operates the Delaware Hospital for the Chronically Ill (DHCI), a Long-Term Care (LTC) facility in Smyrna, Delaware. DHCI is a facility of last resort for Delawareans that require a skilled nursing facility level of care and have no viable options for private nursing facility care. The Delaware Hospital for the Chronically Ill’s name no longer reflects the dignity of all residents who live there. The existing statute uses outdated and offensive language, often referring to residents as “inmates.” It does not align with current policies and procedures around operation and maintenance of DHCI or the skilled care, screening, and admission of its residents, nor does it recognize DHCI’s role as a skilled nursing facility that maintains a five-star rating from the Centers for Medicare and Medicaid Services (CMS). This bill provides a technical update to reflect DHCI’s current practices, policies and procedures as a LTC facility of last resort. It strikes outdated language and aligns the statute with current DHCI, state, CMS practices and requirements. Finally, this bill renames the Delaware Hospital for the Chronically Ill to the Eleanor Cain Center. It will be named in honor of Eleanor Lee Cain, who served as the DSAAPD director from 1973 to 2001 and was a champion for older adults.

This Act amends Title 16 to establish statewide standards for levels of neonatal care for facilities that operate neonatal nurseries or neonatal intensive care units. The Act requires facilities to comply with nationally recognized standards for levels of neonatal care established by the American Academy of Pediatrics (AAP), ensuring that newborns receive care in facilities equipped to meet the complexity of their medical needs. Under the Act, the Secretary of the Department of Health and Social Services (DHSS) will designate each facility's level of neonatal care based on compliance with the AAP standards, including staffing, equipment, facility capabilities, and patient protocols. The Act further establishes additional requirements for facilities providing Level IV NICU services which care for the most critically ill and medically complex newborns. DHSS must adopt implementing rules by January 30, 2027, and will seek input from the Delaware Perinatal Quality Collaborative and existing NICU providers in developing these rules.

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 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 supports critical health care workforce research and planning efforts by giving the Division of Public Health and the Delaware Health Care Commission the ability to obtain comprehensive workforce-related data from the Division of Professional Regulation. It requires the Division of Public Health’s Office of Healthcare Provider Resources to collaborate with the Delaware Health Care Commission and the Division of Professional Regulation to determine what data should be collected from health care providers during the licensing and renewal process to assist the Division of Public Health with workforce research and planning. This Act also directs the Division of Professional Regulation to collect health care workforce-related data during the licensing or renewal processes. The data collected will be for purpose of health care workforce research and planning and will not include personal information such as personal financial information. The health care provider licensing process provides a rich opportunity for this State to obtain information it needs to ensure that its health care workforce is equipped to meet the needs of Delaware residents. Collecting data with the goal of informing health care workforce research and planning is a common practice nationwide, with at least 28 states collecting health care workforce data as part of the licensing process. Such data will fill crucial gaps in the Division of Public Health’s ability to understand health care workforce needs and develop policies and programs aimed at meeting them. As is currently the case, health care workforce data collected by the Division of Professional Regulation may only be used for official state business. This Act provides that official state business includes the following purposes specific to health care workforce research and planning: 1. Identifying and tracking data related to Health Professional Shortage Areas (HPSAs), Maternity Care Target Areas (MCTAs), and Medically Underserved Areas and Populations (MUA/Ps), and other initiatives identified by the United States Department of Health and Human Services. 2. Health care workforce research and planning. 3. Understanding issues related to supply, demand, distribution, and use of health care workers. 4. Informing health care workforce policy. This Act also makes technical corrections to conform existing law with the standards of the Delaware Legislative Drafting Manual.