Rep. Krista Griffith

Section 1 and 2. These sections defines “reproductive health services” for the Board of Medical Practice, the Board of Nursing, and Regulatory Council for Physician Assistants, and makes clear that physicians, physician assistants and nurses who perform, recommend, or provide reproductive health services, if such services are lawful in this State, do not engage in unprofessional conduct and cannot be disciplined for such services even if such services are illegal or considered to be unprofessional conduct or the unauthorized practice of medicine or nursing in another state. This section also authorizes the following to terminate pregnancy before viability: (1) A physician assistant with a collaborative agreement with an appropriately training physician; and (2) A certified nurse midwife or certified nurse practitioner who demonstrates knowledge and competency, including successful completion of a training or certification approved by the Board of Nursing. Section 3. This section prohibits a health care provider from disclosing communications and records concerning reproductive health services, but does provide exceptions including if such records are requested for the purposes of investigating a complaint against a health care provider and the records are relevant to such complaint or to if requested to investigate a claim of abuse and such records are relevant to such investigation. This section also provides protections and limitations against civil actions from another state relating to the termination of pregnancy. Such protections and limitations include the issuance of a summons for a criminal case or investigation, and the issuance of a subpoena for information or testimony relating to the termination of pregnancy. This section also creates a cause of action for persons against whom a judgment was entered in another state based upon allegedly providing, receiving, or helping another person to provide or receive reproductive health services that are legal in Delaware. This section allows the person to recover damages from any party that brought the original action that resulted in the judgment or tried to enforce it. The damages available are just damages resulting from the original action as well as costs, expenses, and reasonable attorney’s fees spent bringing the action under this section as permitted by the court. The cause of action is unavailable if no part of the acts that formed the basis for liability occurred in Delaware. It is also unavailable if the judgment entered in the other state is based on a claim similar to one that exists under Delaware law and: (1) is a claim brought by a or the patient’s legal representative for damages the patient suffered or from another individual’s loss of consortium with the patient; or (2) is a contract based claim brought or enforced by a someone with a contractual relationship with the person who is subject to the judgment. Section 4. This section limits non-fugitive extradition of someone for committing an act that results in a criminal charge for the termination of pregnancy in another state. Pursuant to this bill, a person may only be extradited if the acts for which extradition is sought are punishable under Delaware law if their consequences, as claimed by the other state, had taken effect in this state. Section 5. This section prohibits an insurer from increasing the premium or taking any adverse action against a health care professional or health care organization for performing or providing reproductive health care services that are lawful in this State and covers any medical professional who prescribes medication for the termination of human pregnancy to an out-of-state patient by means of telehealth.

Senate Bill No. 134 prohibits a food establishment from providing consumers with a single-service plastic coffee stirrer, cocktail pick, or sandwich pick or with ready-to-eat food or a beverage in polystyrene containers. SB 134 also prohibits food establishments from providing single-service plastic straws, unless requested by a consumer. Senate Substitute No. 1 for Senate Bill No. 134 creates the same restrictions as SB 134, but updates and corrects terms and definitions, and includes additional exceptions for both polystyrene foam food service packaging and plastic straws. Section 1 of SS 1 for SB 134 also makes technical corrections to § 122(3)u. of Title 16, the authority under which the Department of Health and Social Services regulates food establishments. Substantively, SS 1 for SB 134 differs from SB 134 as follows: 1. Defines the term "compostable" using the standards under the Federal Trade Commission's guides for the use of environmental marketing claims and as established by the American Society for Testing and Materials. 2. Revises the term "polystyrene", and how it is defined, to clearly include only polystyrene foam, and also include both processes by which polystyrene foam can be made. 3. Revises the definition of "polystyrene foam food service packaging" to exclude coolers or ice chests used for the processing or shipping of seafood and containers used to contain, transport, or package raw, uncooked, or butchered meat, poultry, fish, seafood, or eggs. 4. Adds the term "food" to the list of terms that have the meaning defined in the Delaware Food Code because the Delaware Food Code definition of "food" includes beverages. 5. Revises the restrictions on providing plastic straws by creating exemptions for plastic straws provided to patients or residents of hospitals or long-term care facilities and for plastic straws that are attached to pre-packaged goods, such as juice boxes. 6. Revised the penalty section to align with the current penalties under the Delaware Food Code. 7. Delays the effective date of Section 2 this Act until July 1, 2023.

This Act is the first leg of an amendment to the Delaware Constitution to ensure that every Delawarean is afforded personal reproductive liberty. The Delaware Constitution is our founding legal document stating the overarching values of our society. This amendment is in keeping with the values espoused by the current Delaware Constitution. The Preamble to the Delaware Constitution states: Through Divine goodness, all people have by nature the rights of worshiping and serving their Creator according to the dictates of their consciences, of enjoying and defending life and liberty, of acquiring and protecting reputation and property, and in general of obtaining objects suitable to their condition, without injury by one to another; and as these rights are essential to their welfare, for due exercise thereof, power is inherent in them; and therefore all just authority in the institutions of political society is derived from the people, and established with their consent, to advance their happiness; and they may for this end, as circumstances require, from time to time, alter their Constitution of government. Section 21 of Article 1 of the Delaware Constitution provides that, "Equality of rights under the law shall not be denied or abridged on account of race, color, national origin, or sex." The core value reflected in the Preamble and § 21 is that all people should be afforded all the benefits and protections bestowed by the government, and that the government should not confer special advantages on the privileged. The right to reproductive liberty is fundamental to the exercise of personal autonomy and involves decisions people should be able to make free from compulsion of the State. Enshrining this right in the Constitution is critical to ensuring equal protection and treatment under the law and upholding the right of all people to health, dignity, independence, and freedom. This Act would ensure that government does not create or perpetuate the legal, social, or economic inferiority of any class of people. This Act requires greater than a majority vote for passage because § 1 of Article XVI of the Delaware Constitution requires an affirmative vote of 2/3 of the members elected to each house of the General Assembly to amend the Delaware Constitution. Amending Delaware’s Constitution requires 2 pieces of legislation, referred to as “legs,” which are enacted in successive General Assemblies. This Act is the first leg of this amendment to the Delaware Constitution.

This Senate Concurrent Resolution extends the congratulations and best wishes of the members of the Delaware General Assembly to the students, staff, and directors of the Elizabeth W. Murphey School in recognition of the 100th Anniversary of the founding of the school in October 1922.

This Act codifies standards for recovery houses to become “certified recovery houses” either through the Division of Substance Abuse and Mental Health (“DSAMH”) or through a Division approved certifying entity. A non-certified recovery house may continue to operate and provide an alcohol and drug free residence to persons recovering from substance use disorders. However, a non-certified recovery house may not: (1) Receive referrals from a state entity or state court; (2) obtain state or local funding; (3) Receive referrals for individuals whose treatment is state or locally funded; (4) represent or imply that it is “certified”. The Division shall maintain a Registry of Certified Recovery Houses. This Act grandfathers existing licensed recovery houses. The Act takes effect upon enactment and will be implemented upon notice, by Division, of promulgation of final rules and regulations, published in the Register of Regulations or 6 months after enactment, whichever occurs first.

This House Concurrent Resolution recognizes the 38 years of service of the Family Law Commission and its many dedicated members who served on the Commission.

In this Senate Concurrent Resolution, the Delaware General Assembly requests that the Delaware Judiciary study and, if appropriate, recommend revisions to courts’ rules of procedure or statutes, if needed, to implement a disclosure requirement for third-party litigation funding.

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.

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 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.