Rep. Kendra Johnson

The ability of insured dependents and other insured members to receive confidential sensitive health care services without the knowledge of the insured policyholder is greatly impeded through traditional billing processes utilized by health insurers. The most frequent form used is an explanation of benefit (EOB) sent to the policyholder after anyone covered under the policy receives care. The lack of confidentiality for sensitive health care services can often result in insured members simply avoiding necessary health care. This Act amends Titles 18, 29, and 31 to require both individual and group health carriers, including those providing coverage under the State health insurance plans, to use a common summary of payment form, developed by the Department of Insurance, for defined sensitive health care services. The Act prohibits the health carriers from specifying any defined sensitive health care services in the form, allows health carriers to address the form to the insured member, allows insured members to choose their preferred method of receiving said form, and precludes health carriers from sending the form when there is no payment liability for the visit or service provided. The Act also amends Title 31 to provide that any carrier providing health insurance to Medicaid recipients may not divulge defined sensitive health care services without the recipient’s express written or telephone recorded consent. The Department of Insurance is required to issue guidance to health insurers within 1 year of enactment. The Division of Public Health is required to establish a plan to educate health care providers and staff of hospitals, medical offices, community health centers and school-based health centers to promote compliance with this Act within 1 year of enactment.

The ability of insured dependents and other insured members to receive confidential sensitive health care services without the knowledge of the insured policyholder is greatly impeded through traditional billing processes utilized by health insurers. The most frequent form used is an explanation of benefit (EOB) sent to the policyholder after anyone covered under the policy receives care. The lack of confidentiality for sensitive health care services significantly impacts young adults between the ages of 18-26 years of age that are on their parents’ health insurance plans and adults covered as dependents under abusive spouse or family member’s plans. This results in dependents simply avoiding necessary health care for these sensitive health care services. This Act (1) requires health carriers to use a common summary of payment form, developed by the Department of Insurance, in collaboration with health insurers, for defined sensitive health care services; (2) prohibits the health carriers from specifying any defined sensitive health care services in the form; (3) allows health carriers to address the form to the insured member; (4) allows insured member to choose their preferred method of receiving said form; (5) allows the insured member to opt-out of receiving the form when there is no payment liability for the visit or service provided; (6) requires the Department of Insurance and Division of Public Health to educate health care providers and health carriers on the new law. The effective dates for guidance and education requirement are 3 and 6 months, respectively, after enactment.

This Act provides that properties owned by the Riverfront Development Corporation of Delaware are exempt from taxation. The Riverfront Development Corporation of Delaware is an entity created by State law for purposes of planning and development of the area along the Brandywine and Christina Rivers. Removing tax burdens from the Riverfront Development Corporation of Delaware will enable it to better engage in its development efforts, including attracting other investors and tenants, and ultimately promote the common good of the citizens of this State.

Apprenticeship and workplace-based training are an “earn while you learn” systems that offer young people the chance to learn from the best trained construction workers in Delaware. Skilled craft apprenticeship programs offer the necessary capacities, resources, and flexibility needed to help low-income, minority, and female workers achieve and retain construction careers, while simultaneously assisting local construction employers obtain the skilled workforce they need to help drive growth in their local labor markets. This bill removes the “buy-out” for contractors to avoid participating in apprentice programs by paying into the Apprenticeship and Training Fund created in 2021. This “buy-out” benefits bad actors or those businesses only coming into Delaware to work on state taxpayer-funded projects whereas most Delaware merit shops and 100 percent of union shops have apprentice and training programs. The “buy out” also incentivizes contractors or never create training because the maximum cost of the buy-out is less than the cost to operate, fund, or participate in an apprentice program.

In January 2021, of the 57 municipalities in this State, the following 12 municipalities had an agreement with the Department of Elections to use the State’s Voter Registration System to determine if a resident of the municipality is eligible to vote in a municipal election: Camden, Delaware City, Dover, Elsmere, Georgetown, Harrington, New Castle, Newark, Smyrna, Townsend, Wilmington, and Wyoming. Since January 2021, the General Assembly has adopted charter changes authorizing Laurel, Lewes, Milton, and Seaford to use the State’s Voter Registration System, and Milford adopted an ordinance to do so. The residents of the remaining municipalities are required to register with the municipality before voting in a municipal election. While some municipalities are exploring ending municipal voter registration requirements, and the General Assembly has authorized some to do so by changing their charter, this Act would do so for all municipalities as it relates to resident voters. A municipality would continue to be required to maintain municipal voter registration requirements for nonresident voters, as those voters would not be included in the State’s Voter Registration System. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

This Act provides state employees 30 days of leave with pay to attend training camp or special duty on orders as members of the military reserve of the United States or the National Guard. This is an increase from 15 days leave with pay currently provided.

This concurrent resolution recognizes June 21, 2022 as "Dr. Rebecca Lee Crumpler Day" in Delaware.

This resolution proclaims June 19, 2022 as Juneteenth Independence Day in Delaware and encourages the people of Delaware to reflect upon the significant roles and many contributions of African Americans and to celebrate this day with appropriate activities and events.

This Act allows a landlord to offer the tenant an option to pay a recurring fee in lieu of a security deposit. This option enables tenants who cannot afford a security deposit to find a rental. This Act requires landlords choosing to provide the option to one tenant in a multiunit property to provide the option to all new tenants in that property. This Act also establishes requirements for the landlord offering a tenant the option to pay a fee in lieu of a security deposit including the requirement to notify the tenant of their option to terminate the agreement to pay the recurring fee at any time and to pay a security deposit instead. This Act makes it clear that electing to pay the recurring fee does not eliminate, release, or limit the tenant’s liability for damages under the lease. The recurring fee must be of equivalent amount and payable at the time each rent payment is due. This Act also clarifies the rights and responsibilities of a third-party who compensates a landlord for damages or unpaid indebtedness pursuant to the lease. House Substitute No. 1 for House Bill No. 349 differs from House Bill No. 349 by providing more detailed notification requirements for a landlord offering a fee in lieu of a security deposit and requiring landlords to use fees collected in lieu of a security deposit be utilized by the landlord to purchase coverage for landlord's losses associated with any unpaid amounts due from the tenant to the landlord pursuant to the lease, including rent, fees, or unit damage in excess of wear resulting from normal wear and tear, provided that a landlord may not charge a fee that is more than the cost of obtaining and administering such insurance.

This is the first leg of an amendment to the Delaware Constitution to conserve, protect and maintain Delaware’s natural resources, including its water, air, soil, flora, fauna, ecosystems and climate. This Amendment would create an inherent and inalienable right for all Delawareans to a clean and healthy environment. The Amendment would also declare that the State, including all of its branches, agencies, and political subdivisions, as trustee of the State’s natural resources. By enacting this amendment Delaware would join other States which have or are seeking similar provisions, in their respective Constitutions, creating the same inherent and inalienable rights for their citizens.