Sen. Spiros Mantzavinos

This Act revises Delaware law governing behavioral health treatment provider organizations by establishing a comprehensive statutory framework governing licensing, oversight, enforcement, client rights, provider duties, incident reporting, and investigations relating to behavioral health treatment services. The Act consolidates and modernizes statutory provisions governing behavioral health treatment oversight and clarifies the Division of Substance Abuse and Mental Health's authority to license programs, investigate incidents, and enforce compliance with this chapter. This Act is a substitute for and differs from Senate Bill No. 161 by doing all of the following: (1) Expands the definition of the protection and advocacy system to reference all applicable federal protection and advocacy statutes. (2) Revises the client rights provisions by reorganizing and clarifying the rights framework, adding rights related to discharge planning and continuing care, clarifying the standard for permissible limitations on client rights, including a requirement that any limitation be for the shortest duration feasible, and revising the standard governing the use of restrictive intervention to align with existing Delaware law. (3) Expands standing to enforce client rights to include clients and their authorized representatives in addition to the Attorney General and the protection and advocacy system. (4) Adds a savings clause clarifying that nothing in this Act abrogates the rights and requirements applicable to long-term care facilities under Chapter 11 of Title 16. (5) Adds elopement to the definition of incident for purposes of the incident reporting requirements. (6) Modifies the provisions relating to the protection and advocacy system by expanding the system's access authority to reference all applicable federal and State law, adding a requirement that the Division notify the protection and advocacy system no more than 72 hours after receiving a report of a client death, authorizing staff to make discretionary reports to the protection and advocacy system, and extending anti-retaliation protections to staff who report to or cooperate with the protection and advocacy system. (7) Adds a framework for the confidentiality of incident reports and investigation records while authorizing the Division to publish aggregate, de-identified information regarding incidents and trends across the behavioral health system. (8) Adds an injunctive relief pathway allowing the Department to seek a temporary restraining order in the Court of Chancery when a provider organization's activities create an imminent risk of substantial harm to clients. (9) Updates language throughout to reflect current person-centered terminology consistent with the preferences of the disability community. (10) Makes technical and conforming changes for clarity and consistency. This Act requires a greater than majority vote for passage because § 28 of Article IV of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to create a new crime within the jurisdiction of any inferior court of this State.

This Act creates a privilege for confidential communications between a victim and a victim advocate. The victim can waive the privilege with a signed waiver. The privilege may also be overcome in certain circumstances, including mandated reporting of child abuse, communications relating to the intent to commit a violent crime, and in state custody and child abuse cases. This Act defines a victim advocate as an employee of a victim services agency, or formal volunteer under the supervision of an employee of a victim services agency who has completed a minimum of 20 hours of advocacy training. This substitute bill incorporates the change from HA1 to House Bill No. 213 regarding the exception for child abuse and state custody cases. It also explicitly excludes law-enforcement agencies and the Department of Justice from the definition of victim services agency. It clarifies that the victim advocate may claim the privilege but only on behalf of the victim. Finally, it adds a process and criteria for a defendant in a criminal case to overcome the privilege in certain circumstances. This is intended to mirror the exception to the therapist-client privilege articulated in Burns v. State, 968 A.2d 1012 (2009).

This legislation is intended to ensure that individuals can, for a period of 15 days, rescind approval of a settlement in a personal injury case involving a motor vehicle accident if the individual was unrepresented at the time of settlement and if payment is returned upon rescission. This Act also requires notice to be given to an unrepresented individual of their right of recission in the release of liability. These changes will allow an individual greater ability to make an informed decision. This Act becomes effective on 6 months after its enactment into law. This Act is a substitute for Senate Bill No. 189. The Act differs from Senate Bill No. 189 in that it provides a rescission period of 15 days, rather than 60 days; it refers to “motor vehicle accidents” rather than “automobile accidents”; it adds a new subsection to make clear that the insurer may withhold any future settlement proceeds until it receives confirmation that the check or settlement proceeds have been returned; and it corrects a typo.

This Act authorizes physician assistants, occupational therapists, and nurse practitioners to practice dry needling. This Act sets forth requirements and limitations pertaining to the practice of dry needling. Dry needling may not be performed without a physician referral, and physician assistants, nurse practitioners, and occupational therapists may not hold themselves out as acupuncturists unless they are licensed acupuncturists.

Maddy summaryThis bill designates August 17, 2026, as "National Nonprofit Day" within the State of Delaware. It serves as a commemorative resolution to honor the nonprofit sector on that specific date. The measure does not alter laws or create new regulations but instead establishes an official state recognition for the occasion.

This resolution declares the week of October 18–24, 2026, as “Invisible Disabilities Week” in the State of Delaware and encourages increased public awareness, understanding, and compassion for people living with invisible disabilities.

This House Concurrent Resolution establishes a Property Tax Relief and Modernization Working Group to examine potential long-term reforms to Delaware’s property tax system following statewide reassessment efforts completed in 2024 and 2025. The Working Group will evaluate policy approaches utilized in other states, including homestead exemptions, circuit breaker programs, property tax stabilization measures, differentiated taxation approaches, assessment caps, and other taxpayer protection mechanisms, while considering impacts on local government and school district fiscal stability. The Working Group will examine the fiscal, legal, administrative, and economic implications of such reforms and produce recommendations and draft legislative language for consideration by the 154th General Assembly.

Maddy summaryThis bill designates August 26, 2026, as "Women's Equality Day" within the State of Delaware. It serves as a commemorative resolution to honor the historical significance of that date rather than establishing new laws or regulations. The measure requires no changes to existing policies or funding and affects only the official state calendar.

This Concurrent Resolution recognizes June 19, 2026, as "Juneteenth National Independence Day" in the State of Delaware, and encourages the people of Delaware to reflect upon the significance of this day and honor its legacy with appropriate activities and events.

Maddy summaryThis bill designates June 17, 2026, as "Day of Service" throughout the State of Delaware. It serves as a formal proclamation to encourage citizens to participate in community service activities on that specific date. The measure does not create new laws or alter existing regulations but rather establishes an official state recognition for the day.