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Delaware Legislation


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150th General Assembly - First Session


House Bills

Number:
HB 1

An Act proposing an amendment to Article 1 of the Delaware Constitution relating to Equal Rights.  This is the final leg of an amendment to the Delaware Constitution to provide equal rights on the basis of sex.  This Amendment is necessary to correct a constitutional shortcoming, reduce sex-based disparities and to codify our State's value of equality. Section 1 makes clear the General Assembly's intent in proposing this Amendment to the Delaware Constitution.

Status:

Became Law 1/16/2019

DEHA Position:No Position

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Number:
HB 12

An Act to amend Article 31 of the Delaware Code relating to The Provider Advisory Board. This Act strengthens the role and responsibilities of the Provider Advisory Board in regard to the implementation and enforcement of The Delaware Child Care Act.

Status:

Passed in House

Health & Social Services Committee in Senate

DEHA Position:No Position

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Number:
HB 19

An Act to amend Article 14 of the Delaware Code relating to School Nurses.  This Act seeks to ensure that every public school in the State has a school nurse. This Act provides a mechanism to allow a district or a charter school that currently does not have a school nurse to receive State funds. This Act also permits a district to levy a tax under § 1902(b), Title 14, known as a "match tax", to assist those districts that hire a school nurse as a result of this Act to pay for the local share of that school nurse.  HA 1which requires each facility in a district or charter school to have at least 1 nurse. This amendment also requires districts and charter schools to have an appropriate number of registered nurses that matches the needs of the specific facility was placed with the Bill.

Status:

Introduced and Assigned to Education Committee in House

DEHA Position:No Position

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Number:
HB 23

An Act to amend Article 30 of the Delaware Code relating to Personal Income Tax.  This bill will add a new check-off donation box on the Delaware personal income tax return whereby individuals may choose to donate a portion of their tax refund, or designate an amount in addition to the tax they owe that will be transferred by the Division of Revenue to the Pediatric Cancer Research Fund held by the Delaware Community Foundation, who in turn will deposit the funds to the Andrew McDonough B+ Foundation.  HA 1which consolidates provisions to donate amounts on personal income tax returns to Habitat for Humanity for each county into a single statewide fund to be allocated to the counties by the Division of Revenue based on the residency of the donating individuals. This consolidation is necessary in order to add the B+ Childhood Cancer Fund to the check-off donation box on the Delaware personal income tax return was placed with the Bill.

Status:

Out of Committee in House

DEHA Position:No Position

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Number:
HB 24

An Act to amend Article 18 of the Delaware Code relating to Copayment or Coinsurance for prescription drugs.  This Act would prohibit insurers and pharmacy benefit managers from engaging in the practice of "clawbacks". When the total cost of a prescription drug to an insurer or pharmacy benefits manager is less than a patient's co-pay, the insurer or pharmacy benefits manager keeps the difference in a practice known as a "clawback". According to a March 2018 report issued by the University of Southern California's Schaeffer Center for Health Policy & Economics based on the Center’s analysis of 2013 data from a large commercial insurer combined with data on national average drug reimbursements, almost 25% of filled pharmacy prescriptions involved a patient co-payment that exceeded the average reimbursement paid by the insurer by more than $2.00. The report further noted that overpayments were more likely to occur on claims for generic drugs than brand drugs and that the total overpayments in the Center’s sample amounted to $135 million.  HA 1which (1) Replaces “retail price” with language requiring that a carrier not impose a copayment or coinsurance requirement that exceeds the lesser of one of the following: (i) the applicable copayment or coinsurance that would apply for the prescription drug in the absence of this section; (ii) the amount an individual would pay for the prescription drug if the individual were paying the usual and customary price; or (iii) the contract price for the prescription drug. (2) Provides a definition of “contract price” in place of the definition of “retail price”. (3) Adds a definition of “pharmacy” based on its use in the definition of “contract price” was placed with the Bill.

Status:

Out of Committee in House

DEHA Position:No Position

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Number:
HB 29

An Act to amend Article 18 of the Delaware Code relating to DNA Analysis and Databank.  Currently the law requires that any person convicted of a crime identified under the section identifying sexual offenses, or offenses relating to children and incompetents must submit to DNA testing. The DNA testing is compiled and stored in the state DNA database. As many of these individuals are prone to repeat offenses, this database has proven to be a useful crime solving tool. This bill will provide that any person arrested [vs convicted] for any of these specific crimes will now be subject to DNA testing. This bill will also require testing of any individual who is currently incarcerated and convicted of a violent felony under Title 11. Additional safeguards and protections have been included in the law to balance the state’s interest in solving crimes against the rights of the arrested individuals, as discussed and approved by the U.S. Supreme Court in Maryland v. King, 133 S. Ct. 1958 (U.S. 2013). This act shall become effective upon the receipt of a federal grant to the State pursuant to the Katie Sepich Enhanced DNA Collection Act of 2012, or upon a specific annual appropriation in the Annual Appropriations Act. HA 1which makes a technical correction was placed with the bill.

Status:

Assigned to Appropriations Committee in House

DEHA Position:No Position

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Number:
HB 43

An Act to amend Article 24 of the Delaware Code relating to Professions and Occupations.  This bill eliminates the requirement under several provisions of Title 24 that applicants for professional licenses as well as adult entertainment establishments submit notarized applications. This bill would allow for a policy change at the Division of Professional Regulation to remove the notarization requirement for all licensing applications, which will make the application process more economically and logistically available.

Status:

Passed in House
Out of Committee in Senate

DEHA Position:No Position

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Number:
HB 44

An Act to amend Article 24 of the Delaware Code relating to Professions and Occupations.  This bill eliminates all references to physical paper copies of professional licenses for professions administrated by the Division of Professional Regulation. This bill would eliminate the need for the Division to print and mail over 80,000 paper licenses every two years thus cutting down on administrative and supply costs and eliminating unnecessary paper production and waste.  HA 1 corrects the Chapter number.

Status:

Passed in House

Out of Committee in Senate

DEHA Position:No Position

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Number:
HB 47

An Act to amend Article 24 of the Delaware Code relating to Minimum Wage.  This bill removes the training minimum wage, which takes effect 90 days after enactment, and youth minimum wage, which takes effect January 1, 2020.

Status:

Introduced and Assigned to Economic Development/Banking/Insurance & Commerce Committee in House

DEHA Position:No Position

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Number:
HB 52

An Act to amend Article 24 of the Delaware Code relating to Unborn Children.  The Act protects the life of the unborn child at a time when the potential for the child to survive outside the womb increases, especially with the advancement of medical procedures. Specifically, this Act repeals the current sections of the Delaware Code relating to termination of human pregnancy and enacts The Pain-Capable Unborn Child Protection Act. Substantial medical evidence exists that an unborn child is capable of experiencing pain by 20 weeks after fertilization. As set forth in this Act, the General Assembly has the constitutional authority to make this judgment under decisions by the U.S. Supreme Court decisions. In enacting The Pain-Capable Unborn Child Protection Act, Delaware is not asking the U.S. Supreme Court to overturn or replace the holding in Roe v. Wade. Rather, it asserts a separate and independent compelling state interest in unborn human life that exists once the unborn child is capable of experiencing pain.

Status:

Introduced and Assigned to Health & Human Development Committee in House

DEHA Position:No Position

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Number:
HB 53

An Act to amend Article 24 of the Delaware Code relating to the Offer of an Ultrasound Before Terminating a Pregnancy.  This Act requires a physician to offer a patient ultrasound imaging and auscultation of fetal heart tone services before terminating a pregnancy and provides civil and criminal penalties for the failure of a physician to comply with this requirement. The patient is free to choose not to view the ultrasound or listen to the heartbeat. This Act is known as "The Woman's Ultrasound Right to Know Act."

Status:

Introduced and Assigned to Health & Human Development Committee in House

DEHA Position:No Position

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Number:
HB 58

An Act to amend Article 14 of the Delaware Code relating to the Delaware Nursing Incentive Program.  This act will increase the numbers of Delaware nursing students eligible for the nursing incentive program by allowing Delawareans pursuing nursing careers at non-profit hospitals located in Delaware to be eligible for the program.

Status:

Out of Committee in House

 

DEHA Position:No Position

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Number:
HB 61

An Act to amend Article 14 of the Delaware Code relating to the Uniform Controlled Substances Act.  Benzodiazepine drugs that are approved for medical use in the United States are classified by the federal Drug Enforcement Agency as Schedule IV. Fourteen benzodiazepine drugs are currently listed on Schedule IV of the Uniform Controlled Substances Act, § 4720 of Title 16. Benzodiazepine drugs have a serious potential for abuse. This Act adds both additional benzodiazepine drugs by name and the category of benzodiazepine drugs to Schedule IV of the Uniform Controlled Substances Act so that all current and future benzodiazepine drugs are included on Schedule IV in Delaware, whether or not the specific drug is approved for medical use in the United States.

Status:

Passed in House

Health & Social Services Committee in Senate

DEHA Position:No Position

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Number:
HB 62

An Act to amend Article 29 of the Delaware Code relating to the Delaware Nursing Home Residents Quality Assurance Commission. This Act revises the Delaware Nursing Home Resident's Quality Assurance Commission by doing all of the following: 1. Restores language regarding staffing and support from the Department of Justice that was repealed in error by House Bill No. 225 as amended by House Amendment No. 1 in the 149th General Assembly. 2. Revises membership to decrease the number of vacancies. 3. Makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

Status:

Out of Committee in House

DEHA Position:No Position

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Number:
HB 81

An Act to amend Article 13 of the Delaware Code relating to Child Support.  This Bill clarifies language allowing for the direct deposit of child support owed and collected by employers from individuals under a support order from the Family Court. In addition, this Bill requires employers who have 50 or more employees to send payments to the Division of Child Support Services by electronic funds transfer and allows employers with less than 50 employees to do the same. Finally, the bill requires payments made via electronic transfer to be made before or at the time the employee is paid.

Status:

Out of Committee in House

DEHA Position:No Position

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Number:
HB 82

An Act to amend Article 16 of the Delaware Code relating to Health & Safety.  The bills eliminates the requirement that an institution provide notary services to parents of new born children for the purpose of executing an acknowledgment of paternity. This bill also eliminates the requirement that an acknowledgment of paternity be notarized and that it only be witnessed by someone who is not a parent or relative of either parent.

Status:

Out of Committee in House

DEHA Position:No Position

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Number:
HB 89

An Act to amend Article 16 of the Delaware Code relating to the.  This bill updates the members of the Childhood Lead Poisoning Advisory Committee to include additional stakeholders, and directs the Committee to report to the General Assembly on the effectiveness of the Act, ways to improve the Act, and other measures that should be taken by the State of Delaware to prevent lead poisoning in children.
 

Status:

Out of Committee in House

DEHA Position:No Position

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Number:
HB 91

An Act to amend Article 16 of the Delaware Code relating to Hospitals.  This Act updates the definition of hospital, raises the fees associated with hospital licensing, and imposes an additional fee for plan reviews prior to construction or renovation of hospitals.

Status:

Introduced and Assigned to Health & Human Development Committee in House

DEHA Position:No Position

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Number:
HB 93

An Act to amend Article 29 of the Delaware Code relating to the Division of Developmental Disabilities Services. This Act tightens the role and responsibilities of the Division of Developmental Disabilities Services (DDDS) so that it more aptly aligns with the current state of the agency. This act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

Status:

Introduced and Assigned to Health & Human Development Committee in House

DEHA Position:No Position

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Number:
HB 103

An Act to amend Article 29 of the Delaware Code relating to the Division of Substance Abuse and Mental Health.  This bill reflects in greater detail the work performed by DSAMH and ensures that DSAMH has the appropriate authority to license and oversee community mental health providers as they do with SUD facilities. DSAMH essentially already does this when they draft their contracts, so providers are already required to meet their specific standards. This bill establishes uniform standards for providers. 

Status:

Introduced and Assigned to Health & Human Development Committee in House

DEHA Position:No Position

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Number:
HB 104

An Act to amend Article 16 of the Delaware Code relating to the Behavioral and Mental Health Commission.  This bill addresses the Behavioral and Mental Health Commission and functionally narrows its scope to peer review responsibilities. This peer review function provides independent oversight to Delaware’s mental health system without authority to force changes on the State. Much of the current broader responsibilities of the larger Commission overlap with the Governor’s Advisory Committee to DSAMH. The proposed changes do not replace or eliminate the Addiction Action Committee. This is merely to ensure that all commissions and committees have their own discrete area in which to focus.

Status:

Introduced and Assigned to Health & Human Development Committee in House

DEHA Position:No Position

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Number:
HB 105

An Act to amend Article 18 of the Delaware Code relating to Health Insurance Contracts.  Step therapy protocols are a mechanism by which health insurance companies require patients to try one or more prescriptions drugs before coverage is provided for the actual drug prescribed by the patient’s health care provider. This Act creates a Step Therapy Exception Process whereby patients who are required by their insurance company to go through step therapy protocols can, under certain circumstances, bypass step therapy to obtain the initially-prescribed medication.

Status:

Introduced and Assigned to Economic Development/Banking/Insurance & Commerce Committee in House

DEHA Position:No Position

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House Concurrent Resolutions

Number:
HCR 3

This concurrent resolution designates the week of February 10-16, 2019, as “Children of Alcoholics Week” and calls upon Delawareans to break the silence and talk to their family and friends about alcoholism.

Status:

Passed in House & Senate

DEHA Position:No Position

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Number:
HCR 6

This Concurrent Resolution recognizes January, 2019 as Human Trafficking Awareness Month in Delaware.

Status:

Passed in House & Senate

DEHA Position:No Position

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Number:
HCR 14

This House Concurrent Resolution designates the 21st day of the Month of March, 2019 as “Rock Your Socks for World Down Syndrome Day”and celebrates the beauty and contributions that people with Down syndrome make in Delaware.

Status:

Passed in House & Senate

DEHA Position:No Position

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House Joint Resolutions

House Resolutions

Senate Bills

Number:
SB 8

An Act to amend Title 19 and Title 29 of the Delaware Code and Chapter 280, Volume 81 of the Laws of Delaware relating to Collective Bargaining for State Employees.  This Act makes compensation a mandatory subject of bargaining for any group of employees who have joined together for purposes of collective bargaining and certified a labor organization to serve as the group's exclusive collective bargaining representative. This Act also eliminates any deadline for reaching an agreement pertaining to compensation. Finally, this Act repeals a portion of Section 8 of Chapter 280 of Volume 81 of the Laws of Delaware, the Fiscal Year 2019 Budget Act, that pertains to the collective bargaining process repealed by Section 2 of this Act. 

Status:

Out of Committee in Senate

DEHA Position:No Position

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Number:
SB 15

An Act to amend Title 16 of the Delaware Code relating to the Provision of Information about Lyme Disease.  This Act, modeled on similar laws in Virginia and Maryland, requires a health-care provider to provide notice to a patient at the time blood is drawn to perform a laboratory test for Lyme disease that explains the limitations of the test and instructs the patient to see their health-care provider if the patient continues to experience unexplained symptoms. This Act is consumer and patient friendly.

Status:

Introduced and Assigned to Health & Social Services Committee in Senate

DEHA Position:Oppose

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Number:
SB 17

An Act to amend Title 18of the Delaware Code relating to Genetics Based Discrimination.  The use of genetic information in disqualifying coverage for non-health insurance products, such as disability insurance and long term care insurance, is a gap in the protection provided by the federal Genetic Information Nondiscrimination Act. As a result, patients who seek genetic counseling to determine whether they may be at risk for certain diseases, such as genetic testing for the BRCA gene to determine predisposition for breast and prostate cancers, are cautioned that a positive result could result in the person being denied insurance. The potential denial of insurance has a chilling effect on patients seeking genetic testing, blocking them from being proactive by putting in place a preventative care plan that would reduce the likelihood of them getting the specific disease in the future. This Act follows the lead of other states and prohibits discrimination based upon genetic characteristics and information in the issuance or renewal of disability and long term care insurance. This Act also provides a notice requirement if an insurer requires a genetic test. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.  SA 1 which removes language that is not applicable in Delawarewas placed with the Bill.

Status:

Introduced and Assigned to Banking, Business & Insurance Committee in Senate

DEHA Position:Support

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Number:
SB 19

An Act to amend Title 24 of the Delaware Code relating to the Offer of an Ultrasound Before Terminating a Pregnancy.  This Act requires a physician to offer a patient ultrasound imaging and auscultation of fetal heart tone services before terminating a pregnancy and provides civil and criminal penalties for the failure of a physician to comply with this requirement. The patient is free to choose not to view the ultrasound or listen to the heartbeat. This Act is known as "The Woman's Ultrasound Right to Know Act."

Status:

Introduced and Assigned to Sunset Committee in Senate

DEHA Position:No Position

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Number:
SB 21

An Act to amend Title 24 of the Delaware Code relating to Unborn Children.  The Act protects the life of the unborn child at a time when the potential for the child to survive outside the womb increases, especially with the advancement of medical procedures. Specifically, this Act repeals the current sections of the Delaware Code relating to termination of human pregnancy and enacts The Pain-Capable Unborn Child Protection Act. Substantial medical evidence exists that an unborn child is capable of experiencing pain by 20 weeks after fertilization. As set forth in this Act, the General Assembly has the constitutional authority to make this judgment under decisions by the U.S. Supreme Court decisions. In enacting The Pain-Capable Unborn Child Protection Act, Delaware is not asking the U.S. Supreme Court to overturn or replace the holding in Roe v. Wade. Rather, it asserts a separate and independent compelling state interest in unborn human life that exists once the unborn child is capable of experiencing pain.

Status:

Introduced and Assigned to Sunset Committee in Senate

DEHA Position:No Position

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Number:
SB 24

An Act to amend Title 24 of the Delaware Code relating to Medical Marijuana.  This Act allows a patient to qualify for a valid registry identification card to purchase and use medical marijuana for any condition that a physician certifies that medical marijuana would likely provide a therapeutic or palliative benefit. This Act removes the requirement that only certain specialists may certify the use of medical marijuana if the patient is younger than 18 years old. This Act retains the requirement that qualifying patients younger than 18 years old may only receive marijuana oil.

Status:

Introduced and Assigned to Health & Social Services Committee in Senate

DEHA Position:No Position

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Number:
SB 25

An Act to amend Title 11, 16 and 30 of the Delaware Code relating to Delivery & Sales of Tobacco Products.  This Act restricts access to tobacco products and tobacco substitutes to individuals under age 21 by doing all of the following: 1. Prohibits sales of tobacco products or tobacco substitutes to individuals who are under 21. 2. Imposes a civil penalty for sales to individuals between the ages of 18 and 21. 3. Repeals the ability of a parent or guardian to purchase tobacco products or tobacco substitutes for a minor. 4. Revises the framework by which an employer may use an affirmative defense to the improper sale of tobacco products or tobacco substitutes, aligning the affirmative defense with the minimum age increase. 5. Adopts best practices for enforcement measures by modifying the prohibition against the purchase of tobacco products by minors. 6. Prohibits individuals under age 21 from entering vapor establishments. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.  SA 1allows employees under age 21 who are employed by a vapor establishment on the effective date of this Act to continue working at the vapor establishment if the vapor establishment provides the required documentation to the Division of Alcohol and Tobacco Enforcement. This Amendment also makes this Act effective 90 days after enactment.  SA 2revises the definitions of "tobacco product" and "tobacco substitute" for clarity and makes corresponding changes to related statutes.  SA 1 and SA 2 were placed with the Bill.

Status:

Substituted in Senate

DEHA Position:No Position

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Number:
SS 1 for SB 25

An Act to amend Title 11, 16 and 30 of the Delaware Code relating to Delivery & Sales of Tobacco Products.  This Act restricts access to tobacco products and tobacco substitutes to individuals under age 21 by doing all of the following: 1. Prohibits sales of tobacco products or tobacco substitutes to individuals who are under 21. 2. Imposes a civil penalty for sales to individuals between the ages of 18 and 21. 3. Repeals the ability of a parent or guardian to purchase tobacco products or tobacco substitutes for a minor. 4. Revises the framework by which an employer may use an affirmative defense to the improper sale of tobacco products or tobacco substitutes, aligning the affirmative defense with the minimum age increase. 5. Adopts best practices for enforcement measures by modifying the prohibition against the purchase of tobacco products by minors. 6. Prohibits individuals under age 21 from entering vapor establishments. This Substitute Bill differs from Senate Bill No. 25 as follows: 1. Revises the definitions of "tobacco product" and tobacco substitute" for clarity and makes corresponding changes to related statutes. 2. Allows employees under age 21 who are employed by a vapor establishment on the effective date of this Act to continue working at the vapor establishment if the vapor establishment provides the required documentation to the Division of Alcohol and Tobacco Enforcement. 3. Makes this Act effective 90 days after enactment. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

Status:

Passed in Senate

Assigned to Health & Human Development Committee in House

DEHA Position:No Position

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Number:
SB 27

An Act to amend Title 16 of the Delaware Code relating to Nursing.  This Act, named the Share the Care Act, permits an individual employed by a personal assistance services agency to administer medications to an adult individual who resides in the individual’s own home if a responsible caregiver does the following: 1. Authorizes the direct care worker to do so. 2. Prepackages the medication by date and time. 3. Provides written instructions regarding the administration procedure. 4. Enters into an agreement with a personal assistance services agency governing the administration of the medication by the direct care worker.

Status:

Out of Committee in Senate

DEHA Position:No Position

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Number:
SB 28

An Act to amend Title 21 of the Delaware Code relating to Penalties for Unlawfully Parking in an Area Designated for or Using the Privileges of an Individual with a Disability.  This Act increases the penalties for parking in an area designated for a vehicle being used by an individual with a disability. For a first offense this Act increases the monetary penalty from $100 to $200. For a subsequent offense, this Act increases the monetary penalty from $200 to $300. The offenses subject to these increased penalties are included without change in lines 4 through 27 to add context. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

Status:

Out of Committee in Senate

DEHA Position:No Position

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Number:
SB 29

An Act to amend Title 21 of the Delaware Code relating to Penalties for Unlawfully Parking in an Area Designated for or Using the Privileges of an Individual with a Disability.  This Act increases the penalties for parking in an area designated for a vehicle being used by an individual with a disability. For a subsequent offense, this Act increases the potential minimum imprisonment from 10 days to 15 days and the potential maximum imprisonment from 30 days to 35 days. The offenses subject to the increased penalty are included without change in lines 4 through 27 to add context. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.  

Status:

Introduced and Assigned to Transportation Committee in Senate

DEHA Position:No Position

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Number:
SB 32

An Act to amend Title 6 of the Delaware Code relating to Patient Brokering.  This Act prohibits the practice known as patient brokering, which is the practice where patient brokers are paid a fee to place insured people in treatment centers so that the treatment centers receive thousands of dollars in insurance claim payments for each patient. Increasingly, patient brokers fraudulently enroll patients in low-deductible health plans with out-of-network treatment benefits. Patient brokers target individuals with substance use disorders, who are told that they are receiving their treatment through a scholarship. Not only does this perpetrate fraud against insurers, when insurance plans are terminated for nonpayment of the premium, individuals are discharged from the treatment program with no services or housing and often in a state that is far from home.

Status:

Introduced and Assigned to Banking, Business & Insurance Committee in Senate

DEHA Position:No Position

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Number:
SB 33

An Act to amend Title 24 of the Delaware Code relating to Professions and Occupations.  This Act authorizes a 1-time tax credit in the amount of a fee for a new license under Title 24 for an individual who is 25 years or younger, or whose income is equal to or less than 130% of the federal poverty guideline. The tax credit eases the financial burden on young and low-income workers entering licensed occupations. The tax credit applies only to initial, or first-time, licenses, and in the tax year in which the fee is charged. It does not apply to other fees, such as license renewal, reciprocity, late payment, or a request for change of status.

Status:

Introduced and Assigned to Sunset Committee in Senate

DEHA Position:No Position

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Number:
SB 34

An Act to amend Title 16 of the Delaware Code relating to Creating a Prescription Opioid Impact Fund.  This Act creates a Prescription Opioid Impact Fund (“Fund”) through a prescription opioid impact fee (“Fee”) that is paid by pharmaceutical manufacturer. The anticipated revenue from the Fee is $2.8 million in 2020, $2.7 million in 2021, and $2.5 million in 2022.: 1. The fee is based on the total of the Morphine Milligram Equivalent (“MME”) in each manufacturer’s products dispensed in Delaware, based upon data already reported to the Prescription Monitoring Program (“PMP”). The PMP data contains the mandatory reports by pharmacists of every prescription opioid dispensed in the State. The PMP data does not include prescription opioids administered in hospitals, provided directly to patients by hospice, or dispensed by veterinarians. 2. The fee is assessed on manufacturers who exceed a threshold of 100,000 MMEs dispensed each quarter. 3. The Fee is calculated at a rate of either 1 penny per MME for a name brand prescription opioid dispensed and reported in the PMP or ¼ of a penny per MME for a prescription opioid that is a generic. The Act also provides that Secretary of the Department of Health and Social Services, after receiving recommendations from the Behavioral Health Consortium, the Addiction Action Committee, and the Overdose System of Care Committee, will award grants and contracts from the money in the Fund for the following activities: 1. Opioid addiction prevention. 2. Opioid addiction services, including the following: 3. Inpatient and outpatient treatment programs and facilities, including short-term and long-term residential treatment programs and sober living facilities. 4. Treating substance use disorder for the under-insured and uninsured. 5. Emergency assistance relating to prescription opioids, including purchasing Naloxone. 6. Administrative costs of implementing the Fee and Fund, up to 15% of the amount in the Fund. Finally, this Act expires in 5 years, unless terminated sooner or extended by the General Assembly, so that the Fee is only continued if it is effective and is not creating negative unintended consequences.

Status:

Introduced and Assigned to Health & Social Services Committee in Senate

DEHA Position:No Position

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Number:
SB 35

An Act to amend Title 16 of the Delaware Code relating to Health Insurance Contracts.  This Act revises Delaware Insurance Code provisions related to the individual and group health insurance markets to directly incorporate into Delaware law the Patient Protection and Affordable Care Act’s consumer protections related to the following: (1) The prohibition of preexisting condition provisions. (2) Guaranteed issue and availability of coverage. (3) Permissible rating factors. This Act also ties references in Delaware law to the Patient Protection and Affordable Care Act to that law as it was in effect on January 1, 2018. This ensures the ACA’s core consumer protection provisions will remain in place during the uncertainty surrounding the ACA in light of recent court challenges. Finally, this Act makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

Status:

Introduced and Assigned to Banking, Business & Insurance Committee in Senate

DEHA Position:No Position

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Number:
SB 45

An Act to amend Title 16 of the Delaware Code relating to Marijuana.  Under current law, the possession, use, or consumption of a personal use quantity of marijuana remains a crime for those under the age of 21 despite being a civil violation for adults. This Act makes the possession, use, or consumption of a personal use quantity of marijuana a civil violation for juveniles. This Act also makes conforming amendments to subsection (i), regarding expungement of a single criminal offense under subsection (c), as, after the effective date of this Act, subsection (c) will no longer contain a criminal offense.

Status:

Introduced and Assigned to Health & Social Services Committee in Senate

DEHA Position:No Position

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Number:
SB 55

An Act to amend Title 29 and 30 of the Delaware Code relating to Occupational License Fees.  This Act authorizes a 1-time tax credit in the amount of a fee for a new, initial license under Title 24 for an individual who is 25 years or younger, or whose income is equal to or less than 130% of the federal poverty guideline. The tax credit eases the financial burden on young and low-income workers entering licensed occupations. The tax credit applies only to initial, or first-time, licenses, and in the tax year in which the fee is charged. It does not apply to other fees, such as license renewal, reciprocity, late payment, or a request for change of status. To ensure that new applicants are aware of the tax credit, the Division of Professional Regulations must provide a statement on application materials that new applicants may be eligible for this tax credit.

Status:

Introduced and Assigned to Elections, Govt. & Community Affairs Committee in Senate

DEHA Position:No Position

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Number:
SB 58

An Act to amend Title 21of the Delaware Code relating to the Removal of Ice & Snow from Moving Vehicles.  This Act requires that accumulated snow and ice be removed from services of a vehicle before it is operated and imposes a civil penalty for a violation. This Act also creates a civil penalty for each instance where snow or ice dislodges from a moving vehicle and causes property damage or personal injury but this penalty is not an exclusive remedy for property damage or personal injury.

Status:

Introduced and Assigned to Transportation Committee in Senate

DEHA Position:No Position

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Senate Concurrent Resolutions

Number:
SCR 22

This Concurrent Resolution recognizes March 2019 as Brain Injury Awareness Month.

Status:

Passed in Senate

DEHA Position:No Position

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Number:
SCR 6

Encouraging the State to apply for a State Relief and Empowerment Waiver under Section 1332 of the Patent Protection and Affordability Care Act to Create a State Reinsurance Program.  This Concurrent Resolution recognizes that all Delawareans deserve affordable health care, only 1 commercial insurer currently sells health insurance plans on Delaware's Marketplace, and that premiums for health insurance plans sold on the Marketplace could be reduced if the State creates a reinsurance program under a State Relief and Empowerment Waiver under Section 1332 of the Patient Protection and Affordable Care Act ("Section 1332 Waiver"). This Concurrent Resolution also strongly urges the Governor and Secretary of the Department of Health and Social Services to apply for a Section 1332 Waiver and that a program fund be created if the Section 1332 Waiver is granted, to provide capital to operate and administer a reinsurance program.

Status:

Passed in Senate & House

DEHA Position:Support

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Number:
SCR 11

This Senate Resolution designates March as "Eating Disorders Awareness and Prevention Month" in Delawareand encourages the Department of Health and Social Services to research methods to prevent and raise awareness of eating disorders.

Status:

Passed in Senate & House

DEHA Position:No Position

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Number:
SCR 12

Recognizing November 2019 as Autoimmune Disease Awareness Month in Delaware.

Status:

Passed in Senate & House

DEHA Position:No Position

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Number:
SCR 13

Recognizing February 12, 2019 as “World Cholangiocarcinoma Day” in Delaware.  Cholangiocarcinoma, also known as bile duct cancer, is a cancer that occurs in the bile ducts in or outside the liver. This Resolution recognizes February 12, 2019 as "World Cholangiocarcinoma Day" in Delaware.

Status:

Passed in Senate & House

DEHA Position:No Position

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Number:
SCR 18

This Resolution recognizes April 2019 as Child Abuse Prevention Month in Delaware.

Status:

Passed in Senate

DEHA Position:No Position

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Senate Joint Resolutions

Senate Resolutions

Previous Delaware General Assembly Legislation

If you would like to see additional resources added to this page, please send them to Yasmine Chinoy at yasmine@deha.org. Thank you!