This Resolution proclaims June 19, 2023. as Juneteenth National 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 Senate Concurrent Resolution proclaims Monday, June 12, 2023, as “Women Veterans Day” in the State of Delaware.
The General Assembly previously restricted municipal, town, and city police departments from operating speed enforcement equipment outside of its corporate limits. This Act completely restricts the ability of municipal, town, and city police departments to make arrests for speeding that occurs outside of the municipality, town, or city’s corporate limits. This Act also defines “corporate limits” for the purposes of 21 Del. C. § 701. This Act requires a greater-than-majority vote for passage because Article IX, § 1 of the Delaware Constitution requires the affirmative vote of 2/3 of the members elected to each house of the General Assembly to enact or amend general incorporation laws and special acts of incorporation, including municipal charters. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
This Act increases the number of statewide Family Court Commissioners from 5 to 7 with at least 2 of the Commissioners being assigned to Kent County and 2 of the Commissioners being assigned to Sussex County. This Act also requires all newly appointed Commissioners and reappointed Commissioners, upon application for nomination by the Governor, to reside in the county where they seek to be appointed. This Act will take effect on July 1,2024.
This Concurrent Resolution recognizes the young men participating in the 2023 session of Delaware’s Boys State and commends its sponsor, the American Legion Department of Delaware.
This Senate Concurrent Resolution recognizes September 2023 as "Prostate Cancer Awareness Month" in the State of Delaware.
This Concurrent Resolution commends the 2023 Delaware Behavioral Health Professional of the Year, Dana Carey, and all of the District/Charter Network Behavioral Health Professionals of the Year.
This Senate Concurrent Resolution congratulates the class 2022 Eagle Scouts for having attained the highest rank one can earn in the Boy Scouts of America.
This Act is the first leg of a constitutional amendment that provides for the Family Court to consist of 19 Judges including the Chief Judge, 10 who must be residents of New Castle County, 4 who must be residents of Kent County and 4 who must be residents of Sussex County at the time they apply for nomination by the Governor. This Act would increase the current Family Court bench by 2 Judges, 1 additional Judge from Kent County and 1 additional Judge from Sussex County. This Act requires a greater than majority for passage because §1 of Article XVI of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to amend the Delaware Constitution. Since this is the first leg of a constitutional amendment the next General Assembly must pass an act concurring with this Act for it to become a part of the Delaware Constitution.
This legislation is the Delaware Pre-Authorization Reform Act of 2023. Section 1 of the Act applies to Health Insurance Contracts regulated under Chapter 33 of Title 18. Section 1 provides that changes in coverage terms for a health-care service or in the clinical criteria used to conduct pre-authorization reviews for a health-care service will not apply until the next plan year, for any covered person who received pre-authorization for the service prior to the change. It also requires the Delaware Department of Insurance to publish on its website information concerning the aggregate number of pre-authorization approvals, denials, and appeals for each insurer, health-benefit plan, or health-care service corporation using pre-authorization review. In addition, Section 1 sets qualifications for who may make determinations with regard to requests for pre-authorization of health-care services and appeals of adverse determinations; a timeline and required contents for the notification of an outcome of appeal of an adverse determination or a notification that additional information is necessary to make the determination of appeal; and requirements for any utilization review entity used to perform pre-authorization review by an insurer, health-benefit plan, or health-service corporation. Section 1 also shortens the timelines for the determination of pre-authorization requests and notification to the health-care provider of the determination. For requests for pre-authorization of non-urgent health-care services not submitted electronically, the utilization review entity must notify the health-care provider within 4 days of receipt of the request; for requests submitted electronically, notification must be given within 72 hours of receipt. For requests for pre-authorization for urgent health-care services, notification must be given within 24 hours of receipt. By January 1, 2024, insurers, health-benefit plans, health-service corporations, and utilization review entities must accept and respond to electronic pre-authorization requests through the same platform as the electronic request was submitted. Further, an insurer, health-benefit plan, or health-service corporation may not deny or limit coverage of a service already provided on the grounds that pre-authorization was not obtained, if such services would have been covered had pre-authorization been obtained. In addition, Section 1 extends the time period that a pre-authorization is valid for from 60 days to 7 months. If a covered person changes insurers, health-benefit plans, or health-service corporations, the new insurer, health-benefit plan, or health-service corporation must comply with any existing pre-authorizations during the first 60 days of the new coverage. Finally, Section 1 provides that no more than 1 pre-authorization may be required for a single episode of care, and that if pre-authorization is granted as to a health-care services that is part of a group of services for which a bundled payment is charged, pre-authorization for the other health-care services included in the group is deemed to be approved as well. Section 2 of the Act applies to Group and Blanket Health Insurance under Chapter 35 of Title 18 and makes the same changes to pre-authorization standards and procedures that Section 1 of the Act makes to Health Insurance Contracts regulated under Chapter 33 of Title 18. Section 3 of the Act provides that the State Employee Benefits Committee established under § 9602 of the Title 29 of the Delaware Code must ensure that carriers administering plans for group health insurance comply with the requirements and provisions for pre-authorization set forth in Chapter 33, Subchapter II and Chapter 35, Subchapter V of Title 18. Section 4 of the Act provides that the Act will take effect on January 1 of the calendar year following enactment and will apply to policies, contracts, or certificates issued or renewed after that effective date. Section 5 of the Act provides that the Department of Health and Social Services must, to the extent feasible, assure that contracts awarded to carriers providing health insurance relating to Medicaid assistance comply with the requirements and provisions for pre-authorization set forth in Chapter 33, Subchapter II and Chapter 35, Subchapter V of Title 18. Section 6 of the Act provides that the Department of Insurance will promulgate a uniform pre-authorization form within 180 days of enactment. Section 7 provides that this Act is known as the "Delaware Pre-Authorization Reform Act of 2023."
