This Act amends the long-term care resident’s bill of rights to provide that residents may not be subject to discrimination based on their membership in a protected class. Specifically, this Act does the following: 1. Adds “or domestic partner” to the provision of the resident’s bill of rights that gives spouses the right to visit and, if feasible and not medically contraindicated, to share a room if both are residents of the facility. This addition is being made to ensure that domestic partnerships entered into in other states are recognized. 2. Adds a non-discrimination provision to § 1121 of Title 16, which enumerates the rights of residents of long-term care facilities. 3. Requires the Department of Health and Social Services (“Department”) to provide a revised notice of resident rights under § 1121 of Title 16 to each resident or the resident’s authorized representative within 30 days of any changes to those rights. 4. Requires each facility to provide appropriate staff training whenever there is a revision to the resident’s bill of rights within 60 days of that revision. The purpose of this Act is to protect long-term care facility residents from discrimination and to ensure that residents, their representatives, and facility staff are aware of residents’ rights.
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This Act supports critical health care workforce research and planning efforts by giving the Division of Public Health and the Delaware Health Care Commission the ability to obtain comprehensive workforce-related data from the Division of Professional Regulation. It requires the Division of Public Health’s Office of Healthcare Provider Resources to collaborate with the Delaware Health Care Commission and the Division of Professional Regulation to determine what data should be collected from health care providers during the licensing and renewal process to assist the Division of Public Health with workforce research and planning. This Act also directs the Division of Professional Regulation to collect health care workforce-related data during the licensing or renewal processes. The data collected will be for purpose of health care workforce research and planning and will not include personal information such as personal financial information. The health care provider licensing process provides a rich opportunity for this State to obtain information it needs to ensure that its health care workforce is equipped to meet the needs of Delaware residents. Collecting data with the goal of informing health care workforce research and planning is a common practice nationwide, with at least 28 states collecting health care workforce data as part of the licensing process. Such data will fill crucial gaps in the Division of Public Health’s ability to understand health care workforce needs and develop policies and programs aimed at meeting them. As is currently the case, health care workforce data collected by the Division of Professional Regulation may only be used for official state business. This Act provides that official state business includes the following purposes specific to health care workforce research and planning: 1. Identifying and tracking data related to Health Professional Shortage Areas (HPSAs), Maternity Care Target Areas (MCTAs), and Medically Underserved Areas and Populations (MUA/Ps), and other initiatives identified by the United States Department of Health and Human Services. 2. Health care workforce research and planning. 3. Understanding issues related to supply, demand, distribution, and use of health care workers. 4. Informing health care workforce policy. This Act also makes technical corrections to conform existing law with the standards of the Delaware Legislative Drafting Manual.
This Act creates a special open enrollment period for persons who are already enrolled in a Medicare supplement policy or certificate to cancel their existing policy or certificate and purchase another Medicare supplement policy or certificate that provides the same or lesser benefits. Only persons who are already enrolled in a Medicare supplement policy or certificate are eligible for the special open enrollment period. The special enrollment period begins 30 days before an eligible person's birthday and remains open for at least 30 days following the eligible person's birthday. During this special open enrollment period, individuals switching from one Medicare supplement policy to another cannot be denied coverage and coverage and rates cannot be dependent upon the person’s medical history. The Act also obligates issuers to notify eligible persons who are enrolled in their Medicare supplement policies or certificates of the dates of the open enrollment period, at least 30 days before it begins, and of any modification to the benefits provided by the policy under which the person is currently insured. This Act also allows persons enrolled in a Medicare Advantage plan to cancel their existing policy, enroll in Medicare during the annual Medicare open enrollment period and apply for a Medicare supplement policy. For individuals switching from Medicare Advantage to a Medicare supplement policy, the Act prohibits issuers of Medicare supplement policies from denying applications for such policies but does allow issuers to individually rate and apply a pre-existing condition limitation.
This Act creates the Affordable Rental Housing Program (ARHP) within the Housing Development Fund. The ARHP is modeled on the federal Section 515 program and provides loans to increase the supply of affordable housing for families with very low-, low-, and moderate-incomes, individuals who are elderly, and individuals with disabilities.
This Act enacts the Interstate Compact for School Psychologists (“Compact”), which is designed to facilitate the interstate practice of school psychology in educational settings. School-based mental health services are in high demand in Delaware, but workforce shortages can make it difficult to meet that demand. By creating an additional licensing pathway for school psychologists to obtain equivalent licenses to practice school psychology in any state that is a member of the Compact, the Act aims to increase the availability of school psychological services for students in this State. The Interstate Compact for School Psychologists must be enacted in 7 states to become effective. The Compact has been enacted in 2 states and legislation is pending in several others.
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.
Under current law, both school board members who are elected and those who are appointed to fill vacancies until the next election are required to complete a background check. However, the statute is currently unclear as to how a background check gets done and who is responsible for reviewing the background check for an appointment. This Act makes clear that a person may not be appointed unless a background check has been completed and the Commissioner of Elections has determined the person is qualified for the seat, in the same manner the Commissioner completes that duty for candidates for school board elections.
This Act adds intentional interference with the operation of a school bus to the offense of disorderly conduct. Intentional interference with a school bus may include boarding a school bus and refusing to exit after being lawfully ordered to do so by the school bus driver; wrongfully restricting the movement of a school bus; or threatening the school bus driver, a student, or any passenger entering, leaving, or waiting for a school bus. A student or passenger otherwise authorized to be on the school bus in the ordinary course of business may not be guilty of disorderly conduct for intentional interference with the operation of a school bus. This Act requires a greater than majority vote for passage because § 28 of Article IV of the Delaware Constitution requires the affirmative vote of 2/3 of the members elected to each house of the General Assembly to expand the scope of an existing crime within the jurisdiction of an inferior court.
The language of this Act is identical to Senate Bill No. 25 of the 153rd General Assembly. The only difference between this Act and Senate Bill No. 25 is the title, which has been changed to clarify that the language includes the Public Employment Relations Act of Title 19. This Act allows an employee organization to file a petition with the Board to become the exclusive representative of an appropriate bargaining unit for the purpose of collective bargaining. In the event an employee organization provides over 50% of the employees’ approval, through their authorized signatures, then the Board may not order an election but must certify the employee organization. This Act also makes technical corrections to confirm existing law to the standards of the Delaware Legislative Drafting Manual.
This House Substitute No. 1 provides that if a school board allows school board members to attend meetings remotely through electronic means, then permission to attend remotely must be granted in the case of any of the following: illness of the school board member; illness of an individual in the school board member’s family where that individual requires caretaking; a public health emergency; pregnancy or immediate postpartum care responsibilities of the school board member or the school board member’s spouse or partner; or military deployment of the school board member. This substitute for House Bill No. 83 differs from the original in that it does not require school boards to allow remote attendance. But if the school board does allow remote attendance, it provides the permissible reasons remote attendance may be allowed, allows a school board to limit the number of times permission to attend remotely may be granted, and indicates that a school board may not add to the statutory reasons for remote attendance. It also expands the permissible reasons from the original bill to include pregnancy or postpartum complications of a board member’s spouse or partner.