Rep. Kendra Johnson

The State’s Medicaid Plan still limits the reimbursement of Medicaid-covered, school-based behavioral health services to those provided under an Individualized Educational Program (IEP) or Individualized Family Service Plan (IFSP), despite federal policy changes that allow for these services to be provided as a medical necessity without IEP or IFSP documentation. This bill would charge the Department of Health & Social Services to apply to the Centers for Medicare and Medicaid Services for a State Plan Amendment that would allow for reimbursement of medically necessary behavioral health services without IEP or IFSP documentation. Local education agencies must use the reimbursed funds to further invest in school-based behavioral health supports. This House Substitute differs from the original HB 5 in that the deadline for application for a State Plan Amendment is extended to January 1, 2025. It also allows the Department of Education, the administrator of all reimbursements, to retain up to 5% of federal reimbursement dollars in order to defray administrative costs. Remaining funds shall be reimbursed to the local education agencies providing the services.

This Act establishes a mental health services unit for Delaware high schools. The unit is phased in over 3 years, beginning in FY2024, to arrive at a final ratio of 250 full-time equivalent students grades 9-12 for a full-time school counselor, school social worker, or licensed clinical social worker. Additionally, a unit ratio of 700 full time equivalent students for grades 9-12 for employment of a full-time school psychologist. This Act defines “mental health services” as prevention, response, and coordination services delivered to students in high schools. Mental Health disorders are the most common health problem for school aged youth. According to the National Institute of Mental Health (NIMH), one in five youth are affected by a mental health disorder. Additionally, 50% of lifetime mental illnesses begin by age 14. Untreated mental illness leads to negative outcomes including increased risk of dropout, homelessness, substance abuse, other chronic illnesses, incarceration, and possibly suicide. According to the National Alliance on Mental Health, ninety percent of people who have taken their own life have had an underlying mental health condition, and suicides are on the rise. According to the Center for Disease Control and Prevention, suicides are now the second leading cause of death for youth ages 10-14. Delaware schools need trained and experienced mental health professionals to provide prevention and support programs and services to students. This bill will lower ratios of students to counselors and increase access to mental health services for high school students. Districts and charters should prioritize the hiring of school counselors who provide mental health services over those who provide career counseling. Conforming changes are also made to code sections dealing with mental health units for elementary and middle school students. This Act also creates a reimbursement program to encourage current school employees to gain certifications or professional licensure in critical need mental health areas.

This Act does all of the following: (1) Allows for all licensed practitioners that are treating a driver for a medical condition to report findings which allows for Nurse Practitioner, Physician Assistant, or Physician to sign Division paperwork and mirrors verbiage found in Title 24; (2) Updates the name of Medical Council to Board of Medical Licensure and Discipline which ensures compliance with code in handling of individual cases; and (3) Changes the Secretary of Health and Social Services to Secretary of Transportation for determining the status of driver’s license for individuals with a potential medical condition which allows for quicker response and ensures the confidentiality of a driver. Lastly it removes a section from the Medical Licensure Act consistent with the other provisions of the bill.

This Act prohibits local education agencies and charter schools from prohibiting a student from participating in a school sponsored extracurricular activity on the basis the student has an outstanding debt for unpaid school meals.

This Act is a result of the work of the Delaware Interscholastic Athletic Association ("DIAA") Task Force. The current process for promulgating DIAA-related regulations grants the regulatory authority to the Department of Education ("Department") which is, in turn, required to delegate its authority to the DIAA. The current process also requires steps in addition to the regulatory process already required under the Administrative Procedures Act, Chapter 101 of Title 29. The additional process encumbers the DIAA's ability to make changes to regulations with the speed and flexibility often needed in the regulation of interscholastic athletics. Language in Section 1 of this Act, in the second half of § 122(b)(15), Title 14, starting with "The Department shall not approve any rule or regulation that denies a student the right..." is removed from that paragraph. However, the language remains in Section 2 of this Act, in the already-existing § 303(b)(2), Title 14. This Act removes the requirements that the Secretary of the Department propose DIAA-related regulations and the State Board of Education approve the proposed regulations. It also removes the requirement that DIAA and Department collaborate to develop regulations. This Act grants directly to the DIAA the authority to promulgate regulations.

Maddy summaryHB 279 updates Delaware state law to grant school employees up to five days of bereavement leave, aligning their benefits with those already available to state employees. This change ensures that teachers and other school staff receive the same time off to handle family deaths as their counterparts in the state workforce. The legislation was passed by both the House and Senate and was signed into law by the Governor in August 2024.

This Act provides each county with the ability to impose, by duly enacted ordinance, a fire protection fee (fee). A county that enacts this fee must do all of the following: 1. Deposit all money collected from this fee in an account that is segregated from the county's general funds. 2. Establish criteria under which this money is distributed to fire companies providing fire protection in the county. 3. After using no more than 5% of the money annually deposited from this fee for administration of this fee, distribute all of the money collected, including accrued interest, within 18 months of receipt. In addition, under this Act: 1. A fire protection fee may be collected from property that is otherwise exempt from taxation unless an exemption from this fee is provided by the county. 2. A county may, by ordinance, establish penalties for the failure to pay a fire protection fee and establish procedures to abate the penalty. 3. The unpaid balance and any penalties become a lien on the property upon which the fire protection fee was incurred and the county may institute a proceeding to enforce this lien. 4. A fire company must include the money received from a fire protection fee in the annual audit required under § 6608 of Title 16. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

This Act removes the sunset provision in Chapter 453, Volume 83 of the Laws of Delaware relating to the program established under §9011A of Title 29 to assist individuals who are in or have experienced foster care in Delaware with driver education, driver licensing, and motor vehicle insurance and associated barriers and costs. The Act also amends §9011A of Title 29 to clarify the scope and administration of the program, and amends the definition of “youth in foster care” under §3921 of Title 18 to maintain consistency with 29 Del. C. §9011A(g)(1).

This Act increases the civil penalties for violations of the statutes in Title 16, Chapter 11 related to Long Term Care Facilities and the regulations adopted pursuant to it. For violations that the Department determines pose a serious threat to the health and safety of a resident, the minimum penalty in Section 1109 of Title 16 is increased from $1,000 per violation to $2,000, and the maximum penalty is increased from $10,000 to $20,000 per violation. Each day of a continuing violation constitutes a separate violation. For violations that do not constitute a serious threat to the health and safety of a resident, the maximum penalty is increased from $5,000 to $10,000 per violation. The civil penalties in Section 1109(a)(2) for violations that pose a serious threat to the health and safety of a resident were established in 1998 and have not been increased since then. The maximum civil penalty in Section 1109(c) for violations that do not constitute a serious threat to the health and safety of a resident was set at $10,000 in 1998, but was later reduced to $5,000 in 2000, and has not been increased since then. This Act also repeals the provision which places a cap on the civil penalties for continuing violations.

This Substitute Bill requires the Department of Health and Social Services to maintain a public registry of assisted living facilities that are accredited and/or certified to provide memory care services by an approved independent accrediting organization. This Act also authorizes DHSS to promulgate rules and regulations to carry out these provisions, and it defines memory care services and secured memory care unit. Violations of this Act are subject to enforcement actions under Chapter 11 of Title 16 and are a basis for the nonrenewal of a facility’s license. This bill also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.