Rep. David Bentz

This Bill amends the membership of the Behavioral Health Consortium to include two members of both the House and Senate, a member from the Ability Network of Delaware, and the Mental Health Association in Delaware. The Bill also extends the date the first report is due from March 1, 2018 to April 16, 2018.

This bill changes the age of a person to whom another person can sell, give or transfer a firearm or ammunition for a firearm from 18 to 21. However, this bill permits a person to sell, give or transfer a firearm or ammunition for a firearm to a person under 21 years of age if the person under 21 is an active member of the United States Armed Forces or a law-enforcement officer or possesses a license to carry a concealed deadly weapon. The prohibition against the sale or transfer of a firearm to a person under 21 does not apply if that person is over 18 and the firearm is a shotgun or muzzle-loading rifle or if the ammunition is for such weapons. This bill does permit the transfer of a firearm or ammunition to a person under 21 so long as such transfer is without compensation and the person transferring is the parent or guardian of the person under 21 or has the permission of the parent or guardian. This bill increases the age from 18-21 for the person who must directly supervise a child under the age of 16 who is in possession of a firearm, BB, air, or spear gun.

The Child Care and Development Block Grant Act of 2014 mandated that states allow families that receive child care assistance to continue receiving that assistance for at least 90 days after losing their job provided they are seeking employment during that time. The federal law did not expressly stipulate that states must allow families to qualify for and begin receiving assistance so that they could search for a job, however 14 states have enacted policies to expand eligibility to those families. This legislation codifies the federal intent that families be eligible to continue receiving assistance for 90 non-consecutive days in a year, and extends that eligibility to families who want to start receiving assistance in order to seek employment for up to 90 days.

This Act increases the minimum wage required to be paid in this State by 50 cents a year beginning in 2017 and ending in 2020. After 2020, the minimum wage required to be paid in this State increases based on cost-of-living adjustments under the federal Social Security Act.This Act also makes technical corrections to conform to existing law related to the State’s deferral to the federal minimum wage to the guidelines of the Delaware Legislative Drafting Manual. In addition, this Act requires that employers pay an increased minimum wage based on cost-of-living adjustments under the federal Social Security Act in any year in which the federal minimum wage does not increase.

Confessions are powerful evidence of guilt. This Act adopts the Uniform Law Commission's Uniform Electronic Recordation of Custodial Interrogations Act to promote truth-finding, promote efficiency, and protect constitutional values. To accomplish this, this Act mandates audio recording or audio and video recording of the custodial interrogation process by law enforcement when the interrogation relates to a crime described in § 4201(c) of Title 11, which designates certain crimes as violent felonies, or to a delinquent act. Recognizing that a blanket requirement of recording electronically all interrogation is not feasible, this Act provides 6 exceptions to the recording mandate: (1) exigent circumstances, (2) an individual's refusal to be recorded, (3) interrogations occurring in other jurisdictions, (4) when the interrogator reasonably believes that the offense involved is not one the Act mandates must be recorded, (5) when the interrogator or interrogator's supervisor reasonably believes electronic recording would reveal a confidential informant's identity or jeopardize the safety of the officer, the person interrogated, or another individual, and (6) equipment malfunctions. Further, this Act requires the prosecution to notify the defense of an intention to introduce an unrecorded statement and of the exception that permitted the lack of recording. This Act requires the prosecution to prove by a preponderance of the evidence that an exception applies. This Act also prescribes remedies for violations of the electronic recording requirement, including the giving of a cautionary instruction to the jury. Finally, this Act requires the Attorney General to adopt rules to implement this Act, which are to be enforced by each law enforcement agency.

Chapter 11 of Title 16 was enacted in 1998. Since that time, there have been many changes to the health care delivery system, including a larger percentage of individuals receiving long term health care services in their homes and settings other than in traditional nursing facilities. This Act updates Chapter 11 of Title 16 to better protect residents of long term care facilities by using consistent terminology, consistent practices, and updating the Code to reflect changes in related areas of the law and in how long term care is provided to ensure that all Delawareans receiving long term care are protected from abuse, neglect, and financial exploitation. This Act replaces the phrase "nursing facility and similar facility" with "long term care facility" and provides detailed definitions of different types of long term care settings and services, including traditional nursing homes. It also changes the term "patients" to "residents," reflecting that people are receiving long term care services where they live, regardless of whether home is a traditional nursing facility, a private residence, or a setting between those levels. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. More specifically, the Act does the following: Sections 2 through 22 amend Subchapter I. These sections specifically list and define the long term care facilities monitored by the Department. Sections 23 through 30 amend Subchapter II. These sections update the Resident's Bill of Rights. Due process protections, including upon discharge, are fully explained and who is the authorized representative for a person who is incompetent is clearly set forth. Sections 31 through 39 amend Subchapter III. These sections update and expand the definitions of abuse and the steps to be taken by the Department and the Department of Justice upon receipt of complaint. It strengthens penalties against individuals and entities that commit or permit abuse of residents. Sections 40 through 43 amend Subchapter IV. These sections update the criminal background check and drug screening requirements for employees of long term care facilities. Sections 44 through 46 amend Subchapter V. These sections update the criminal background check and drug screening requirements for employees of home care agencies. Sections 47 through 48 amend Subchapter VI. These sections update the terms and definitions for the office of the Long-Term Care Ombudsperson. Sections 49 through 51 amend Subchapter VIII. These sections update the terms and definitions for the Nursing Facility Quality Assessment Fund. Section 52 creates a new Subchapter IX to require criminal background checks and drug testing of employees of pediatric extended care centers.

This bill sets forth revisions to the composition of the Council on Services for Aging and Adults with Physical Disabilities.

House Bill No. 208 of the 149th General Assembly changes the name of the Division of Long Term Care Residents Protection to the Division of Health Care Quality. This Act updates the name of the Division where it appears in the Delaware Code and takes effect upon the enactment of House Bill No. 208. House Bill No. 195 revises Chapter 11 of Title 16, removing references to a specific Division in 2 sections. This Act clarifies that the name change in those sections sunset upon the enactment of House Bill No. 195.

This Act renames the Division of Long Term Care Residents Protection to the Division of Health Care Quality and strengthens the Division's ability to protect Delawareans receiving long term, acute, or outpatient health care. The new name better describes the Division which now includes not only long term care, but also acute and outpatient care facilities and agencies. The Division monitors the quality of care delivered by health care facilities and agencies throughout the state. Definitions are added to include the acute and outpatient care descriptions. Flexibility is added to the report the Division is required to prepare. This Act adds the ability of the Division to request and receive EMS records when performing an investigation that involves a transfer of a consumer, resident, or patient from one care setting to another. An interagency transfer form format is required to ensure better transitions of care for persons as they move from one health care setting to another. This Act gives the Division Director subpoena power so that appropriate records may be obtained during an investigation and so that witnesses may be compelled to appear for a hearing. Finally, this Act adds the requirement for Prescribed Pediatric Care Centers to complete the background checks on employees. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

House Bill No. 195 updates the terms and definitions used in Chapter 11 of Title 16 regarding long term care. This Act updates the terminology used to identify long term care facilities so that it is consistent throughout the Code. Specific updates are as follows: Section 1: Amends § 1822 of Title 2 of the Delaware Code regarding medical transportation by health-care facilities by replacing the words "nursing facilities or similar facilities" with "long term care facilities." Section 2: Amends § 8564 of Title 11 of the Delaware Code by removing the definition of “nursing facility” and “similar facility” and adding a definition of “long term care facility.” Section 3: Amends § 2511 of Title 16 of the Delaware Code by replacing a “sanatorium, rest home, nursing home, boarding home or related institution” with “long term care facility.” Section 4: Amends § 5138 of Title 16 of the Delaware Code by replacing “nursing facility or similar facility” with “long term care facility.” Section 5: Amends § 333 of Title 18 of the Delaware Code by replacing the term “nursing facility” with the term “long term care facility”. Section 6: Amends § 708 of Title 19 of the Delaware Code by replacing the term “nursing homes” with the term “long term care facilities” in the definition of health care facility. Section 7: Amends § 1769B of Title 24 of the Delaware Code by replacing the term “nursing facility” with the term “long term care facility.” Section 8: Amends § 6502 of Title 30 of the Delaware Code by replacing the reference to § 1180 of Title 16 to § 1181 of Title 16 so that the correct statute is referenced. Section 9: Provides that this Act is effective upon the enactment of House Bill No. 195 to ensure that the terms are not changed until the underlying changes have been made to Chapter 11 of Title 16.