Rep. Bill Bush

This Substitute for House Bill No. 212 corrects a technical drafting error to underline new language contained in Section 2 of the Act, and is otherwise identical to House Bill No. 212, which does the following: Section 1 of this Act amends the time period during which health insurers may initiate overpayment recovery efforts from 24 months to 12 months of a claim being paid. This Act also amends one of the exemptions to the overpayment recovery deadline to require an indication of fraud, abuse, or other intentional misconduct based on a physical review or review of claims data or statements as opposed to merely having a reasonable belief of such fraud, abuse or other intentional misconduct. It aligns requirements for provider-oriented clawbacks with those for pharmacies. Section 2 of this Act requires written notice from pharmacy benefit managers or entities conducting pharmacy audits. Because Department examinations have indicated that PBMs misuse this provision in the law to conduct audits outside the parameters of the Pharmacy Audit Integrity Program, Section 3 of this Act amends the exclusions to the applicability of the pharmacy audit rules to require that pharmacy benefits managers have more definitive proof, based on physical review of claims data or other investigative methods, to believe misconduct has occurred before the rules related to the Pharmacy Audit Integrity Program become inapplicable to an investigative audit. This Act also makes technical corrections to existing law to conform to the requirements of the Delaware Legislative Drafting Manual.

Like House Bill No. 15, this Act permits early childhood educators in the public schools to use and encourage play-based learning in their classrooms and in their curriculum. This Act permits local education agencies to provide early childhood professional development in play-based learning, which may include professional development programs developed by the Department of Education. This Act also permits the Department to promulgate regulations for purposes of implementing this Act. This House Substitute No. 1 for House Bill No. 15 incorporates the changes from House Amendment 1 to House Bill No. 15 with respect to the definitions of early childhood education and early childhood educators encompassing education from prekindergarten through second grade, adding topics that may be included in materials developed to provide ongoing early childhood professional development in play-based learning, and making technical corrections for clarity. This House Substitute also updates the definition of “play” and “play-based learning” contained in House Bill No. 15 and adds a definition for “guided play”.

This Act ensures that a public school employee may not work directly with students unsupervised without a valid permit or license issued by the DOE’s Professional Standards Boards or an approved license issued under Title 24. To that end, this Act creates a new permit requirement for any paraprofessional or student support and classroom position, including specialist interns, year-long residents, full time substitute teachers, substitute teachers seeking certification, student teachers, and classroom aides. The following employees are exempt from the permitting and licensing requirements: non-instructional administrators; nutrition staff; custodial staff; transportation staff; clerical staff; charter school heads exempt under § 507(c) of Title 14; and substitute teachers seriving for less than 12 consecutive weeks in a school. The same laws, procedures, penalties, and safeguards that apply to the issuance, suspension, and revocation of a license under Chapter 12 of Title 14, will apply to a permit. The DOE may require reimbursement of any funds disbursed to district or charter schools for an employee without a license or permit, who holds a position requiring a license or permit. The DOE may also require reimbursement for an employee that is working under an expired license or permit. Finally, this Act increases the maximum supplement amount an employee may earn for accepting additional responsibility assignments that impact student achievement. The supplement may be no more than $5,000, rather than $1,500. It also directs the Department to update the Department of Education PHRST code manual so that the position codes align to titles of positions that are currently used by educators, and outdated codes are deleted. The new system codes must be in effect by the start of the 2026-2027 school year. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

This Act requires that members of school boards, including charter school boards, receive training on all of the following: 1. Requirements for school board meetings under this title and the Freedom of Information Act, Chapter 100 of Title 29. 2. Best practices regarding the conduct of meetings, including the use of rules of order. 3. The State Employees’, Officers’ and Officials’ Code of Conduct, subchapter I. of Chapter 58 of Title 29. Most school boards already provide training that satisfies the requirements under this Act and the training and notices required under this Act may be combined with the training and notices already required under § 1803 of Title 14 for required financial responsibility training.

Maddy summaryHB 64 requires Delaware school boards to provide remote access for public participation in meetings, directly affecting school board members and community residents. The bill mandates that meetings include a functional online platform - such as live streaming or video conferencing - allowing the public to view proceedings and submit comments remotely. This change ensures that residents who cannot attend in person, including those with mobility challenges or during emergencies, can engage with school governance. The provision applies to all regular and special school board meetings under Delaware law. It focuses on practical accessibility without altering school policies or funding.

Maddy summaryThis bill amends Delaware law to give the Department of Public Health (DPH) authority to approve supervised clinical training for mental health providers at school-based health centers. It directly affects mental health professionals seeking training placements within school health centers. The key provision establishes DPH as the official body responsible for approving these training rotations. This creates a formal process for integrating mental health provider training into school settings without altering existing center operations.

This Act makes changes to the Delaware Child Care Act to clarify that early education programs run by state or local education agencies are subject to a parallel regulatory and monitoring structure administered by the Office of Child Care Licensing to ensure health, safety, and child development standards are met.

This Act provides that privilege between a policyholder or claimant and an insurance company is not waived simply because information is submitted by companies to the Insurance Commissioner, whether or not the information is redacted.

Section 1 of this Act amends§ 3301(d) of Title 12 by adding to the definition of “fiduciary” enforcers of purpose trusts under § 3556 of Title 12 that are acting in a fiduciary capacity, by adding to the definition of "nonfiduciary" enforcers of purpose trusts under § 3556 of Title 12 that are not acting in a fiduciary capacity, and by clarifying that others that are not acting in a fiduciary capacity are also nonfiduciaries. Section 2 of this Act amends § 3315(b) of Title 12 so that the statute now states expressly the practical effect of a discretionary interest in a trust merely being an expectancy, which is that a beneficiary of such an interest cannot compel a distribution from the trust. The statute continues to provide, however, that the standard of review under § 3315(a) of Title 12 applies in a suit by a beneficiary for abuse of discretion. Section 2 of this Act also deletes in 2 instances the use of the word “trustee” as being redundant because “fiduciary,” as defined in § 3301 of Title 12, already includes a trustee. Section 3 of this Act amends § 3326 of Title 12 to state expressly within the statute that a modification of a trust by consent while the trustor is living (under§ 3342 of Title 12) may be used to effectuate the resignation of a trustee or other officeholder. Section 3 of this Act also amends § 3326 to state expressly within the statute that a nonjudicial settlement agreement (under§ 3338 of Title 12) may be used to effectuate the resignation of a trustee or other officeholder where the trust’s governing instrument is silent concerning both resignation and the appointment of successor trustees or other officeholders. It is intended that these express statements in § 3326 of Title 12 will reduce the need to resort to a court petition to effectuate the resignation and resulting appointment. Section 4 of this Act amends § 3556 of Title 12 so that the statute: (1) Expressly states that a person is not deemed to be a beneficiary of a purpose trust solely by virtue of receiving disbursements from the purpose trust. (2) Defines the term “enforcer” and permits the governing instrument of a purpose trust to grant the enforcer or some other person exclusive standing to enforce the terms of a purpose trust. (3) Provides that an enforcer will serve as a fiduciary of the purpose trust unless the governing instrument provides otherwise. (4) States that a person that accepts an appointment as enforcer submits to personal jurisdiction in Delaware. (5) If there are no identifiable beneficiaries of the purpose trust, authorizes the enforcer to act as an “interested person” in the context of a nonjudicial settlement agreement under§ 3338 of Title 12 or a nonjudicial modification under§ 3342 of Title 12. The changes in Section 4 of this Act were made to update Delaware law consistent with modern purpose trust statutes in other jurisdictions. Section 5 of this Act amends § 3580 of Title 12 to add to the definition of “trustee” for purposes of Subchapter VII of Chapter 35 of Title 12 by expressly including enforcers of purpose trusts under§ 3556 of Title 12. Section 6 of this Act amends § 1513 of Title 13 to address an ambiguity inherent in the situation where one spouse makes a gift in trust for the other spouse. This Section clarifies that in such circumstance, the donee’s interest in the trust is not marital property unless the trust agreement provides otherwise. Section 7 of this Act provides an effective date.

This Act clarifies the intestacy rights of child and parent by cross-referencing related provisions of Title 12 and Title 13 and adds a time limit for a child born of a deceased parent to be considered a child of that parent.