This Act establishes that a contract between a pharmacy benefits manager and a pharmacy may not prohibit a pharmacy or pharmacist from doing any of the following: (1) Providing an insured with information regarding the retail price of a prescription drug or the amount of the cost share for which the insured is responsible for a prescription drug. (2) Discussing with an insured information regarding the retail price of a prescription drug or the amount of the cost share for which the insured is responsible for a prescription drug. (3) If a more affordable, therapeutically equivalent prescription drug is available, selling the more affordable, therapeutically equivalent prescription drug to the insured. In some cases, contracts between pharmacy benefits managers and pharmacies have provisions that prohibit pharmacies or pharmacist from informing consumers that they have options related to a prescription drug they want to buy and that the prescription drug could be purchased at a lower cost if the consumer paid out of pocket rather than through their health insurance plan. These provisions are often known as “gag clauses.” At least 7 states have enacted laws prohibiting these “gag clauses.”
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This bill provides technical changes and also creates the Committee on Employment and Social Services consolidating the work conducted by the Welfare Employment Committee and Social Service Advisory Council created by Executive Order Six-Eight signed by then Governor Michael N. Castle.
Cybersecurity attacks, including data breaches, corporate theft, and sabotage perpetrated by state and non-state actors throughout the world present unique threats to Delaware residents, governments, businesses, and critical infrastructure. Statewide coordination is required to effectively ensure cybersecurity protection. Cyber-attacks have increased significantly, providing evidence that information security must be strengthened to guard against threats. The State must leverage every partnership and mechanism available to combat the growing number of cyber-attacks and breaches. Trends show attacks growing by 64% annually. 84% of organizations have experienced cyber-attacks in the last 12 months. This bill strengthens Delaware’s defenses by facilitating multi-industry coordination among critical sectors such as communications, emergency services, energy, financial services, healthcare, water, and government. The primary objectives of the Council will be to focus on sharing and analyzing cyber threat intelligence in a collaborative manner.
This Act includes “emergency medical technicians” within the definition of employee under the County/Municipal Police/Firefighter Pension Plan.
This Bill authorizes the Thoroughbred Racing Commission to be a member of the new Interstate Anti-Doping and Drug Testing Standards Compact. Under the Bill the Thoroughbred Racing Commission would become a member of an interstate Compact with other party states for the establishment of uniform standards for drug testing of horses participating in horse racing. The Harness Racing Commission will not be a member of the Compact. The purpose of the Compact is to establish uniform requirements among the party states for the drug testing of horses participating in horse racing. The Compact Committee would be comprised of one representative from each party state.
This bill increases the annual assessment to each insurance company admitted or authorized to transact the business in Delaware from $750 to $900 for the costs of administration and operation of the Insurance’s Fraud Prevention Bureau.
This Act requires long-term care facilities to offer the influenza vaccine to all employees with direct contact with patients. It also requires the facility to keep a record of a signed statement from each employee that the vaccine has been offered.
According to the U.S. Bureau of Justice Statistics, an estimated 42% of all face-to-face contact between individuals and law-enforcement officers occurred during a traffic stop. This Act requires the Department of Transportation (“Department”) to examine applicants for a driver’s license regarding their knowledge related to traffic stops by law-enforcement officers by including at least 2 questions on the subject in any examination given to applicants. This Act also charges the Department of Justice and the Office of Defense Services with collaborating to produce information to educate applicants regarding traffic stops by law-enforcement officers, which the Department must include in any document designed to educate applicants on the rules for driving a motor vehicle. Also, this Act makes clear that students in a State-approved driver education course must demonstrate knowledge related to traffic stops by law-enforcement officers. Also, this Act requires defensive driving courses approved by the Department to educate individuals in these courses on traffic stops by law-enforcement officers and to examine these individuals in the subject by including at least 2 questions on the subject in any examination given to the individuals. In addition, this Act takes effect on August 1, 2019, to provide time to implement its requirements. Finally, this Act makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
This Bill updates the Delaware Viatical Settlements Act by amending the license and bond requirements for a viatical settlement provider or viatical settlement broker. The Act allows an applicant seeking licensure as a viatical settlement provider to prove financial responsibility by (1) providing audited financial statements showing a minimum equity of more than 250 thousand dollars or (2) providing audited annual financial statements showing positive equity and a surety bond for 250 thousand dollars or a letter of credit amounting 250 thousand dollars. The applicant also may provide proof of financial responsibility if they are licensed in another state and have established proof of financial responsibility to said state.
Conversion therapy is a practice or treatment that seeks to change an individual’s sexual orientation or gender identity, including any effort to change behaviors or gender expressions or to eliminate or reduce sexual or romantic attractions or feelings toward individuals of the same gender. Conversion therapy has been rejected by all mainstream medical and mental health organizations, and there is no credible evidence that it is effective. Moreover, this practice poses enormous health risks to LGBTQ youth, including an increased sense of shame, guilt, hopelessness, stress, and anger, thus increasing the risk of anxiety, depression, and self-harm. The harm done by conversion therapy can last well into adulthood. Therefore, this Act makes it unprofessional conduct or a ground for discipline for individuals granted a certificate to practice medicine under Chapter 17 of Title 24 or licensed under Chapter 19 of Title 24 (regarding nurses), Chapter 30 of Title 24 (regarding mental health and chemical dependency professionals), Chapter 35 of Title 24 (regarding psychologists), and Chapter 39 of Title 24 (regarding clinical social work examiners) to engage in conversion therapy with a child or to refer a child to a practitioner in another jurisdiction to receive conversion therapy. This Act also prevents the Department of Services for Children, Youth and Their Families from engaging in conversion therapy with a child or recommending that a child receive conversion therapy. Additionally, this Act makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.