Rep. Melanie Ross Levin

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 House Joint Resolution directs the Department of Health and Social Services (“DHSS”) to explore participating in the federal Restaurant Meals Program (RMP). The RMP is an option that states may incorporate into their Supplemental Nutrition Assistance Program (SNAP) to ensure that SNAP recipients who are senior citizens, disabled, or unhoused, or other eligible family members of those participants, may use their SNAP benefits to buy hot foods or hot prepared meals. These populations may otherwise experience barriers that prevent them having the opportunity to access a nutritious and sustaining meal. This Joint Resolution also requires DHSS to provide a report to the General Assembly as to its findings.

This Legislation is the Delaware Pre-Authorization Reform Act of 2025. Section 1 of the Act applies to health Insurance Contracts regulated under Chapter 33 of Title 18. Section 1 provides that changes in utilization review terms for a health-care service, such as the clinical criteria used to conduct utilization reviews for a health-care service, will apply only upon re-authorization of the health-care service. Covered persons must be notified at least 6 months before any changes to utilization review terms, except in certain circumstances such as changes in clinical guideline status In addition, Section 1 sets qualifications for who may make determinations with regard to requests for pre- authorization of health-care services and appeals of adverse determinations; a timeline and required contents for the notification of an outcome of appeal of an adverse determination or a notification that additional information is necessary to make the determination of appeal; and requirements for any utilization review entity used to perform utilization review by an insurer, health-benefit plan, or health-service corporation. Section 1 also shortens the timelines for the determination of pre-authorization requests and notification to the health-care provider of the determination. For requests for pre-authorization of non-urgent health-care services not submitted electronically, the utilization review entity must notify the health-care provider within 5 business days of receipt of the request; for requests submitted electronically, notification must be given within 3 business days of receipt. For requests for pre-authorization for urgent health-care services submitted electronically, notification must be given within 24 hours of receipt. By January 1, 2027, insurers, health-benefit plans, health-service corporations, and utilization review entities must accept and respond to electronic pre-authorization requests through the same platform as the electronic request was submitted. In addition, Section 1 extends the time period that a pre-authorization is valid for from 60 days to 90 days. Finally, Section 1 provides that no more than 1 pre-authorization may be required for a single episode of care, and that if pre-authorization is granted as to a health-care service that is part of a group of services for which a bundled payment is charged, pre-authorization for the other health-care services included in the group is deemed to be approved as well. Section 2 of the Act applies to Group and Blanket Health Insurance under Chapter 35 of Title 18 and makes the same changes to pre-authorization standards and procedures that Section 1 of the Act makes to Health Insurance Contracts regulated under Chapter 33 of Title 18. Section 3 of the Act provides that the State Employee Benefits Committee established under § 9602 of the Title 29 of the Delaware Code must ensure that carriers administering plans for group health insurance comply with the requirements and provisions for pre-authorization set forth in Chapter 33, Subchapter II and Chapter 35, Subchapter V of Title 18. Section 4 of the Act provides that the Act will apply to health insurance policies, contracts, or certificates issued, modified, or renewed after December 31, 2026. Section 5 of the Act provides that the Department of Health and Social Services must, to the extent feasible, assure that contracts awarded to carriers providing health insurance relating to Medicaid assistance comply with the requirements and provisions for pre-authorization set forth in Chapter 33, Subchapter II and Chapter 35, Subchapter V of Title 18. Section 6 provides that this Act is known as the "Delaware Pre-Authorization Reform Act of 2025."

This Act expands the definition of the “practice of dental hygiene” under Title 24 (Professions and Occupations) to include the administration of local anesthesia under the direct supervision of a licensed dentist and directs the State Board of Dentistry and Dental Hygiene (“Board”) to establish the necessary requirements and standards. Currently, Delaware is the only state in the nation that does not allow dental hygienists to administer local anesthesia. Delaware also suffers from a shortage of dental care providers, leaving many Delawareans unable to access timely, quality, affordable dental care. Administering local anesthesia is a task that properly trained dental hygienists can do safely, as shown by the experiences of every other state. Expanding dental hygienists’ scope of practice to allow them to administer local anesthesia under the direct supervision of a licensed dentist will enable them to provide a broader range of services to patients and take some of the burden off the state’s limited supply of dentists. Section 4 of this Act requires the Board to adopt regulations setting the requirements and standards to allow dental hygienists to administer local anesthesia under direct supervision of a licensed dentist no later than January 1, 2026. Section 5 of this Act provides that Sections 1 through 3 of this Act are effective on either January 1, 2026, or when the State Board of Dentistry and Dental Hygiene publishes final regulations implementing the Act, whichever is earlier. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

The Public Health Emergency Planning Commission was established in 2002 and directed to deliver to the Governor a plan for responding to a public health emergency that addressed at least 21 specific provisions. Since then, that single plan has evolved into an overarching Public Health Emergency Operations Coordination Plan, which is a strategic plan that provides a broad context for the execution of public health emergency response and recovery. There are over 70 additional “plans” or annexes that provide additional procedural guidance that have been developed by DHSS in partnership with other state agencies and external stakeholders such as hospitals. The Public Health Emergency Operations Coordination Plan will still be updated every 2 years by DHSS and other state agency and private partners. The Public Health Emergency Planning Commission will be renamed the Public Health Emergency Planning Council. It will review the Public Health Emergency Operations Coordination Plan every 2 years. It will also continue in its advisory capacity to the Governor whenever a public health emergency is declared. It must meet within 30 days of the declaration of a state of emergency due to a public health emergency, and at least every 30 days until the public health emergency is lifted. In the absence of a public health emergency the Council must meet at least once a year. This Act also makes technical corrections to existing statutory language.

This Act enters Delaware into the Social Work Licensure Compact. This will allow social workers to obtain a multistate license among the member states. Delaware will join the Compact Commission that is comprised of membership of all states that have enacted the Compact. Enough states have enacted the Compact that the Commission has been created and the applications for licensure could start in late 2025. Currently, at least 24 states have joined the Compact, while another 18 have pending legislation to enact the Compact, including Maryland and Pennsylvania. This Substitute changes the Chapter and Section numbers to place the Chapter in a more appropriate place in the code, and it corrects internal references to the new section numbers.

This Act makes it unlawful to possess, operate any motor vehicle with, purchase, install, manufacture, sell, offer to sell, or otherwise distribute a number plate flipping device. A “number plate flipping device” means a manual, electric, or mechanical device designed or adapted to be installed on a motor vehicle that does either of the following: a. Switch between two or more number plates for the purpose of allowing a motor vehicle operator to change the number plate displayed on the operator's vehicle; or b. Hide a number plate from view by turning the number plate so that the number plate registration number is not visible. The penalty for violation of this statute is for the first offense, a fine not less than $50 nor more than $200, imprisonment not less than 30 days nor more than 90 days, or both. For each subsequent like offense, such person shall be fined not less than $100 nor more than $300, be imprisoned not less than 90 days nor more than 6 months, or both. The Act also makes technical changes to existing code language to conform to the Legislative Drafting Manual. A reference to farm vehicles being exempt from registration is removed, because that exemption was removed from the Code in 2014. 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.

This bill removes outdated references to permits. It further empowers the Council to designate those jurisdictions outside of the United States that will be recognized for certain types of applications based upon comity. The bill alters the section regarding discipline for examination violations because the examination is now administered in a computerized format. The bill modifies the process for the reporting of case decision recommendations to the Council by its subordinate committees and clarifies that the Council may seek injunctive relief to enforce its cease-and-desist orders.

Maddy summaryHB 114 amends Delaware's traffic code to permit the limited use of low-speed motorized scooters on public roads and bike paths. It directly affects scooter riders by establishing new rules for operation, including speed limits and safety requirements. The bill explicitly bans high-speed scooters from being used on public roads, maintaining current restrictions. This change updates Title 21 of the Delaware Code to formally recognize low-speed scooters as legal vehicles under defined conditions.

This Act provides that March 9 will be known as 6888th Central Postal Directory Battalion Day and will be commemorated in this State by appropriate ceremonies to honor the 6888th Central Postal Directory Battalion members. In commemorating such a day, citizens are encouraged to write and mail letters to family, friends, military personnel, and veterans to recognize postal employees and the important service these employees provide in connecting us to each other.