This Concurrent Resolution recognizes January 9, 2022, as "Law Enforcement Appreciation Day" in Delaware.
The 18-month recidivism rate among juveniles released from Delaware’s Level 4 and Level 5 juvenile detention facilities is over 80%. This Act creates a fund to allow the Department of Services for Children, Youth, and their Families to award competitive grants for the targeted provision of services that have been proven effective in helping juveniles avoid contact with the criminal justice system. This Act also allocates $500,000 for FY 2022 to the Fund for provision of cognitive behavioral therapy services and vocational training services. Finally, the bill updates outdated language.
This Act establishes Juneteenth as a State holiday. Juneteenth commemorates the emancipation of the last enslaved African Americans in the United States. The Act adds Juneteenth as a legal holiday and reduces the number of floating holidays from 2 to 1. The two floating holidays were created by the 145th General Assembly as replacements for Presidents Day and Columbus Day. This Act replaces the floating holiday that replaced Columbus Day with a legal holiday to celebrate Juneteenth. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
Over 80% of pharmaceuticals in the United States are purchased through pharmacy benefits manager ("PBM") networks. PBMs serve as intermediaries between health plans, pharmaceutical manufacturers, and pharmacies or pharmacists, and PBMs establish networks for patients to receive reimbursement for drugs. Given the scope of PBMs in the healthcare delivery system, this Act is designed to provide enhanced oversight and transparency as it relates to PBMs. Specifically, this Act does the following: (1) If a PBM denies an appeal for reimbursement subject to maximum allowable cost pricing, requires the PBM to provide the national drug code number of wholesalers in Delaware that have the drug in stock below maximum allowable cost. (2) Authorizes a pharmacy or pharmacist to decline to dispense a prescription drug or provide a pharmacy service to a patient if the amount reimbursed by a PBM is less than the pharmacy acquisition cost. If a pharmacy or pharmacist declines to provide a drug or service, the pharmacy or pharmacist must inform the patient that the pharmacy or pharmacist did this because of the costs of providing the drug or service and provide the patient with a list of pharmacies in the area that may provide the drug or service. (3) Requires PBMs to provide a reasonably adequate and accessible pharmacy benefits manager network. (4) Increases transparency by requiring PBMs to provide reports to the Insurance Commissioner on network adequacy and the amount of rebates received by PBMs to provide reports to the Insurance Commissioner on network adequacy and the amount of rebates received by PBMs and distributed to insurers or patients. (5) Prohibits PBMs from engaging in certain conduct, such as spread pricing, false advertising, and reimbursing a pharmacist or pharmacy in an amount less than the PBM reimburses itself or an affiliate for the same drug or service. If a PBM engages in prohibited conduct, the Insurance Commissioner is authorized to deny, suspend, or revoke the PBM's registration under § 3355A of Title 18 or impose penalties or take other enforcement action under § 3359A of Title 18. (6) Clarifies that the Insurance Commissioner is authorized to deny an application for registration filed by a PBM. (7) Increases the registration and renewal fee to be paid by a PBM to better reflect the cost of the registration and renewal process and better align with the fee assessed by other states that require PBMs to register. (8) Transfers § 3359A of Title 18 (regarding penalties and enforcement) to a separate subchapter focused on prohibited practices, penalties, and enforcement. In addition, this Act makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. Finally, this Act requires a greater than majority vote for passage because § 10 of Article VIII of the Delaware Constitution requires the affirmative vote of three-fifths of the members elected to each house of the General Assembly to increase the effective rate of any tax levied or license fee imposed.
This Act requires that home health-care services for Medicaid long-term care services and support providers be reimbursed for services by Medicaid-contracted organizations at a rate equal to or more than the rate set by the Division of Medicaid and Medical Assistance for equivalent services. This rate floor system is currently used for reimbursement rates for home health-care nursing services paid for by Medicaid-contracted organizations. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
This bill provides that for correction officers and specified peace officers, the amount of ordinary service or disability pension benefits given to state employees shall also include the following: (1) Before January 1, 2022, 2.45% of his or her final average compensation multiplied by years of service above 25 years; (2) On January 1, 2022, 2.5% of his or her average compensation multiplied by the number of years of service up to 20 years, plus 3.5% of his or her average compensation multiplied by the number of years of service above 20 years. The increased multipliers that take effect on January 1, 2022, reflect increased costs, reduced benefits, and the need to recruit and retain qualified and competent correction officers and specified peace officers with a modernized pension benefit. In addition, this bill amends the employee contribution for all correction officers and specified peace officers to a uniform 7%. Specified peace officers means (1) Probation and parole officers employed by the Department of Correction; (2) Capitol Police officers; (3) Department of Natural Resources police officers; (4) University of Delaware Police; (5) State Fire Marshal officers; (6) Division of Alcohol and Tobacco Enforcement agents; (7) Justice of the Peace Court constables; and (8) Probation and parole officers in the Serious Juvenile Offender Unit and senior probation officers employed by the Division of Services for Children, Youth and Their Families.
Senate Bill No. 65 establishes the Focus on Alternative Skills Training Program ("FAST"). FAST will provide tuition assistance, to Delaware residents who have obtained a high school diploma, Diploma of Alternate Achievement Standards, or a Delaware secondary credential, which includes earning a GED, and have enrolled in an approved non-degree credit certificate program. The Workforce Development Board will create a list of non-degree credit certificate programs approved for the FAST program. Senate Substitute No. 1 for Senate Bill No. 65 differs from Senate Bill No. 65 as follows: 1. Extends eligibility from 18 to 24 months after an individual graduates from high school. 2. Increases the maximum amount of assistance that an individual may receive from $9,000 to $10,000. 3. Allows tuition payments for up to 12 months instead of 6 months. 4. Requires FAST to be implemented within 6 months of enactment, instead of 1 year. 5. Acknowledges the expected availability of federal funds for FAST. 6. Sunsets FAST 2 years after enactment.
This Act expands eligibility for the Department of Correction's Education Assistance Fund beyond correctional officers to employees who hold a position at paygrade 15 or below and meet the other existing requirements. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual, including by creating a new Subchapter III of Chapter 89 of Title 29, because the Department of Correction's Education Assistance Fund is not related to the topic of Subchapter II.
Current law grants an active Delaware volunteer firefighter, active Delaware volunteer EMT, or life-member of a Delaware volunteer fire department who is a Delaware resident a free surf fishing vehicle permit each year. Current law allows an active Delaware volunteer firefighter, active Delaware volunteer EMT, or life-member of a Delaware volunteer fire department who is not a Delaware resident to purchase a surf fishing vehicle permit each year at the Delaware resident rate. This Act grants all of these individuals the option of choosing a surf fishing vehicle permit or an annual permit to enter state parks and recreation areas.
This bill removes the exclusion of Community Transportation Funds from the performance-based rating system.
