The information below is a compilation of health policy legislation introduced in the Delaware General Assembly. This resource is a partial but concise and pertinent list of legislative activity aimed at advancing innovations, supporting transformations in health care, and improving access to care in Delaware. DCHI's goal is to keep you appraised of meaningful ongoing policy discussions and facilitate your feedback to legislators. DCHI will update the page regularly. However, given the legislative process is fluid, we also encourage interested parties to check the Delaware General Assembly website for additional legislation and updates. Please note, the information below includes a link where you can readily check the status of each individual bill and information about how to contact legislators to provide comments.
From the 151st General Assembly enacted in 2021.
Please note, this list may not be up to date and may not include all legislation related to health policy. Please visit the General Assembly’s website for up-to-date information.
From the 151st General Assembly introduced for 2021.
Please note, this list may not be up to date and may not include all legislation related to health policy. Please visit the General Assembly’s website for up-to-date information.
HB 145. This Act will allow Delaware residents two new deductions from personal income tax. The first is a deduction from taxable income of up to $1,000 for contributions to an account in a Delaware-sponsored qualified tuition program, as that term is defined under 26 U.S.C. § 529 (a “529” College Savings Plan). The second is a deduction from taxable income of up to $5,000 for contributions to an account in a Delaware-sponsored ABLE program, as that term is defined under 26 U.S.C. § 529A (a “529A” Savings Account - a special account for meeting the needs of certain individuals with disabilities).
HB 16. This Act modifies Delaware’s Earned Income Tax Credit (EITC) to allow recipients to choose the most beneficial credit to be applied against their Delaware Personal Income Taxes. Under this Act, recipients can choose between a non-refundable credit of up to 20% of the value of the corresponding federal EITC or a refundable EITC credit of up to 4.5% of the value of the corresponding federal EITC.
SB 58. This Act removes the State’s authority to forcibly isolate, quarantine, vaccinate, or treat individuals against their will for COVID-19 during a state of emergency relating to COVID-19.
SB 66. This Act exempts an individual from having to pay the revoked license or driving privileges reinstatement fee if the individual is eligible for and applies for reinstatement of the individual’s license or driving privileges within 1 year of their release from Department of Correction Level V supervision.
SB 72. This Act clarifies that discrimination against any person because of religion is illegal under Chapter 45 of Title 6, the Delaware Equal Accommodations Act. Religion and religious beliefs were always intended to be protected under the Delaware Equal Accommodations Act through the word "creed" and this Act codifies that understanding, consistent with the Superior Court’s decision in Boscov’s Dep’t Store v. Jackson, 2007 Del. Super. LEXIS 37.
SB 94. This Act makes permanent changes to the Freedom of Information Act (“FOIA”), Chapter 100 of Title 29, that allow any public body to hold a virtual meeting if there is a physical anchor location where the public can attend the meeting in person and other notice and access requirements are met. It provides that during a state of emergency, or to prevent a public health emergency, all public bodies may hold virtual meetings without an anchor location.
HB 11. Individuals who are at very high risk of getting HIV can take pre-exposure prophylaxis (“PrEP”) medication to reduce the risk of HIV transmission. PrEP medication reduces the risk of HIV transmission by up to 99% if taken daily. This Act prohibits discrimination because an individual takes PrEP medication in the issuance or renewal of disability, long-term care, and life insurance.
HB 160. The Telehealth Access Preservation and Modernization Act of 2021, continues and enhances Delawareans’ access to telehealth and telemedicine services and, through the adoption of the Interstate Medical Licensure Compact, ensures that telehealth services can be provided through qualified medical practitioners in a streamlined and efficient pathway to licensure that meets the health care delivery system needs of the 21st century. With respect to telemedicine and telehealth, this Act consolidates the existing law relating to telehealth within a single new chapter that applies to all healthcare providers authorized to practice telemedicine and participate in telehealth and makes permanent the telehealth flexibilities put in place for the Covid-19 pandemic.
HB 31. This bill repeals certain provisions in Title 11 relating to abortion including provisions that treat abortion differently than other medical procedures, and provisions which criminalize women and the sale of medical devices and medicines.
HB 37. This bill seeks to address both the COVID-19 pandemic as well as any future public health emergency that impacts prison operations and conditions by creating a “public health emergency credit” that would automatically be awarded when a public health emergency is declared. Credits would be awarded at the rate of 6 months for every month served during the public health emergency up to a maximum reduction in sentence of 1 year.
HB 40. 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."
SB 105. This Act allows pharmacists to administer or dispense contraceptives under a standing order from the Division of Public Health. At least 11 states, the District of Columbia, and the U.S. Virgin Islands allow pharmacists to dispense contraceptives without a prescription from another health-care practitioner. This practice is supported by the American College of Obstetricians and Gynecologists.
SB 108. Requires physicians to offer a woman an ultrasound and auscultation services before terminating a pregnancy.
SB 17. 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."
SB 59. This Act revises the appointment process for members of the Primary Care Reform Collaborative who are not members by virtue of position. Under this Act, these members are appointed by a government official to comply with the requirements of the Delaware Constitution.
SB 77. This Act clarifies that a lay individual who administers naloxone under the Community-Based Naloxone Access Program is protected from civil liability for rendering emergency care under § 6801 of Title 16, the general Good Samaritan law.
SB 87. This Act requires the Delaware Health Information Network (“DHIN”) to provide the Gift of Life program – the State’s approved organ procurement organization, or “OPO” – with access to data on potential anatomical donors when the data is needed to determine the suitability for organ, tissue and eye donation for any purpose identified in Delaware’s Uniform Anatomical Gift Act.
SB 88. This Act is the result of the 2019 report of the Joint Legislative Oversight and Sunset Committee’s task force under Senate Resolution No. 9 of the 150th General Assembly, which recommended permitting the Delaware Health Information Network (“DHIN”) to use clinical healthcare data in its possession for appropriate analytic and public health purposes.
HB 141. This Act aligns the Delaware Board of Nursing statute with the APRN Compact to advance APRN practice through the elimination of barriers and improving access to care for Delawareans. The Act removes the requirement for a collaborative agreement for licensure purposes although employers and health care organizations may still require one; amends the definitions of “APRN” and “full practice authority” so that they are consistent with national standards; removes the definition of “independent practice” since, nationally, “independent practice” means having “full practice authority”; and grants full practice authority in conjunction with licensure and removes the current requirements for obtaining independent practice.
HB 150. Regulates and taxes marijuana for personal use. Creates social equity licenses that support small businesses owned by minorities, women, and veterans.
HB 161. This Act adds an additional classification for surgical hospitals because the existing classifications do not include surgical hospitals, those specialized hospitals providing surgical services at a level of care higher than freestanding surgery centers but whose patients do not require all of the services provided by “General” acute care hospitals. This Act will allow the Department of Health and Social Services to license and regulate surgical hospitals providing inpatient and outpatient surgical services to patients whose duration of stay is not expected to exceed 72 hours.
HB 21. This Act adopts the Advanced Practice Registered Nurse Compact. The Compact benefits the public by improving continuity of care, increasing license portability for advanced practice registered nurses, and increasing access to APRN care. Under the Compact, APRNs licensed in a Compact member state may practice in another Compact member state. In adopting the Compact, the state-based licensure system is preserved but communication between states is enhanced.
HB 62. This Act is based on a Model Act to Prevent Excessive and Unconscionable Prices for Prescription Drugs developed by the National Academy for State Health Policy. It prohibits manufacturers from raising the price of prescription drugs outside of certain market conditions that might justify a price hike. It is specifically limited to the prices charged to consumers in the State of Delaware for generic and off-patent drugs. It authorizes the Attorney General to investigate price increases identified by State agencies above a certain threshold. Manufacturers or distributors may be fined up to $10,000 per day for sales which violate the Act. Each sale of a drug excessively and unconscionably priced constitutes a separate violation. A manufacturer or distributor is prohibited from withdrawing a generic or off-patent drug for sale in this State to avoid application of the Act.
SB 60. This Act allows nurse practitioners and physician assistants to recommend medical marijuana for adult patients. This Act does not require the Department of Health and Social Services to promulgate new regulations before implementing this Act because § 10113 of Title 29 exempts amendments to existing regulations to make them consistent with changes in basic law from the process otherwise required under Chapter 101 of Title 29.
SB 73. This Act permits an individual to practice dentistry for the Division of Public Health (Division) under a provisional license. Delaware law provides several routes for entering practice on an interim basis until full licensure can be obtained, however, none of these routes specifically permit hiring by the Division with the intent to practice in a state-supported dental clinic. This Act will assist the Division in recruiting dentists to serve those in need.
SB 84. This Act elevates medication diversion out of the definition of abuse for the sake of clarity and is not intended to change existing reporting obligations for facilities under Subchapter III of Chapter 11 of Title 16 of the Delaware Code (“Subchapter III”). This Act ensures reporting requirements are triggered for facilities and hospitals covered by Subchapter III if medication diversion occurs in the facilities or hospitals.
HB 117. This Act makes the pilot program implementing the recommendations in the 2015 Autism Educational Task Force report permanent and requires the Department of Education to administer the Delaware Autism Program.
HB 144. This Act will result in increased funding for preschool children with disabilities who are not in either Intensive or Complex special education units by revising the current ratio of 12.8 students per unit to 8.4 students per unit consistent with the ratio of students per unit in Basic Special Education for students enrolled in grades 4-12.
HB 198 (& HB 114). This Act requires each school district and charter school to establish and implement a curriculum on Black History for students in grades K through 12 which incorporates contemporary events into discussions of Black History and the tools of experience.
HB 86. This Act provides increased funding for kindergarten through third grade students identified as eligible for basic special education services. Currently, basic special education is provided for students in fourth through twelfth grade who are identified as eligible for basic special education and related services; there is no additional unit funding for students in kindergarten through third grade who may be eligible for basic special education services.
SB 106. This Act makes students who attend homeschools eligible for the same services for children with disabilities as students who attend private schools in a manner that allows federal funds to pay for the services.
SB 112. This Act expands eligibility for mandatory expungement of adult and juvenile cases by aligning eligibility for juvenile expungement so that all cases eligible for adult expungement are eligible for juvenile expungement; allowing all cases terminated in favor of the accused and cases for underage possession or consumption of alcohol, possession of marijuana, or possession of drug paraphernalia; and if the person has no other convictions, allows the expungement of a conviction for drug possession after 5 years and the expungement of certain felony convictions eligible after 10 years.
SB 19. This Act makes children with disabilities who attend homeschools eligible to receive speech language pathology and audiology services in the same manner as students who attend private schools.
SB 55. This Act creates emergency access to epinephrine that allows an institution of higher education to acquire and stock a supply of epinephrine autoinjectors if an employee or agent has completed a training program.
SB 56. This Act codifies the Opportunity Fund, an additional source of educational funding for Delaware public schools intended to support the increased needs of low income and English learner students, and establishes the parameters for how the funding is to be distributed to school districts and charter schools.
SB 71. This Act requires red flag indicator training for teachers, school principals, counselors, school nurses, and other school district or charter school employees who interact with students, the people most likely to exhibit red flag indicators during the school day. This Act also requires that each school district and charter school establish and implement red flag indicator reporting, tracking, and referral policies. These policies will allow for the timely referral of at-risk students for needed mental health evaluation or treatment or law enforcement action.
SB 82. This Act codifies the Department of Education’s efforts to establish a uniform public school registration process and requires that, beginning with the 2023 through 2024 school year, all public schools use the uniform public school registration process. This registration process will simplify the process for families, enable public schools to engage with families and plan in advance of the school year, and integrate data systems to eliminate duplication of effort. The process will be Internet-based and in paper form and in English and Spanish.
SB 95. This bill will provide Delaware students with strong academic credentials and a demonstrated commitment to volunteer public service to receive scholarship monies sufficient to cover the full cost of tuition at Delaware State University.
HB 39. This bill requires that inadvertent out-of-network services be included in individual and group health insurance policies as well as group and blank health insurance policies. This bill defines inadvertent out-of-network services are those services that are covered under a policy or contract of health insurances, but are provided by an out-of-network provider in an in-network facility, or when in-network health care services are unavailable or not made available to the insured in the facility.
HB 95. This Act requires that individual, group, State employee, and public assistance insurance plans provide coverage for epinephrine autoinjectors for individuals who are 18 years of age or under and must include at least 1 formulation of epinephrine autoinjectors on the lowest tier of the drug formulary developed and maintained by the carrier if the insurance plan has tiers.
SB 107. Requires health insurance polices to cover the cost of insulin pumps.
SB 109. This Act requires that home health-care services for Medicaid long-term care services and support providers be reimbursed for services by Medicaid-contracted organizations at a rate equal to or more than the rate set by the Division of Medicaid and Medical Assistance for equivalent services. This rate floor system is currently used for reimbursement rates for home health-care nursing services paid for by Medicaid-contracted organizations.
HB 18. This Act revises the requirements for the shape of a Complete Community Enterprise Districts (“District”) to maximize the use of transit, walking, and bicycling by residents and employees. Specifically, this Act does all of the following: 1. Eliminates the minimum size. 2. Requires the District to contain more than 1 parcel and that part of at least 1 parcel be within a ½ mile from a bus or rail stop or station. 3. Requires the District to include adjacent neighborhoods within a ½ mile from a bus or rail stop or station. 4. Prohibits a district from being in the shape of a linear corridor and requires that each parcel of land in the District is zoned to maximize the use of transit, walking, and bicycling. 5. Requires that a District be part of a master development plan that maximizes the use of transit, walking, and bicycling by residents and employees.
HB 200. Clean Water for Delaware Act establishes a framework for assessing needs and planning and implementing projects that support Delaware’s efforts to improve the quality of the State’s water supply and waterways to meet water quality standards to support their designated uses, such as for drinking, swimming or supporting aquatic life.
HB 200. The Clean Water for Delaware Act establishes a framework for assessing needs and planning and implementing projects that support Delaware’s efforts to improve the quality of the State’s water supply and waterways. A Delaware Clean Water Trust account is created as a funding source for executing projects highlighted by this framework. The Trust account will have oversight from the Clean Water Trust Oversight Committee (the “Committee”).
HB 36. This Act removes the October 5, 2021 sunset provision from a law that allows a bicycle operator to go through an intersection with a stop sign without stopping after yielding the right-of-way, if required.
HB 58. Most commonly, persons accused of subsection (a) of this section – panhandling – are homeless. Transferring such matters to the Court of Common Pleas allows persons so accused increased access to social services not available to them at the Justice of the Peace Court.
HB 60. This bill increases the amount that a tenant may deduct from rent in order to have necessary work done on the rental premises if the landlord fails to repair or maintain the premises after proper notice. The original amount of $200 was selected at the time that the Landlord Tenant Code was drafted in 1996. The amended amount of $400 reflects inflation of rent and cost of repairs.
HB 77. This Act prohibits the manufacture, sale, or distribution of children's products, upholstered furniture used in residences, and mattresses that contain harmful flame retardant chemicals. These flame retardants have been found to cause cancer, particularly to firefighters who are extinguishing fires that involve products that contain these chemicals.
HB 88. This bill removes the training minimum wage and youth minimum wage, which takes effect 90 days after enactment.
HB 90. This Act permits a candidate committee established by a candidate for public office to pay reasonable and necessary expenses for the care of a candidate’s child or children when care is necessary in connection with the candidate’s campaign activities.
HB 94. The minimum wage for employees who receive tips or gratuities has not changed since 1983, when the overall state minimum wage was $3.35 per hour. Tipped wage workers at that time were paid a percentage – 66.67% – of the minimum wage, which was $2.23 per hour. In 1989, the General Assembly changed the hourly wage to a flat $2.23 per hour, where it has remained since. Had the calculation been left unchanged, the tipped wage would have increased along with the minimum wage. Therefore, this bill ensures that employees who receive tips or gratuities also receive a minimum wage increase when other employees in the State receive a minimum wage increase.
SB 53. On November 3, 2015, the United States Centers for Disease Control and Prevention (CDC) published a report titled "Elevated Rates of Urban Firearm Violence and Opportunities for Prevention – Wilmington, Delaware" in which the CDC made 2 major recommendations: (1) the creation and adoption of a robust risk assessment tool and (2) an integrated, statewide data collection system. To date, no meaningful action has been taken at any level to implement the CDC's recommendations. This Act adopts the CDC's recommendations and directs the pertinent State agencies to implement these recommendations.
SB 63. This Act limits the use of certain Class B firefighting foams (“Class B foams”) in Delaware. Class B foams are used to put out fires caused by flammable liquids like gasoline, oil, and jet fuel, and can be divided into 2 categories: those with PFAS chemicals and those without.
SB 75. This Act revises the Fair Housing Act to repeal the exception to discrimination based on source of income that allows a landlord to discriminate against tenants who participate in government-sponsored rental assistance programs. This exemption contributes to a lack of affordable housing in this State.
SB 90. This Act revises both the Delaware Fair Housing Act and Residential Landlord-Tenant Code to repeal the exception to the prohibition against discrimination based on source of income that allows a landlord to discriminate against tenants who participate in government-sponsored rental assistance programs. This exemption contributes to a lack of affordable housing in this State.
HB 111. This Act prohibits discrimination because an individual takes PrEP medication, to reduce the risk of HIV transmission, in the issuance or renewal of disability, long-term care, and life insurance.
HB 115. This Act sets a minimum age at which a child may be prosecuted, except for the most extreme offenses. It prohibits the prosecution of children under the age of 12. It also bars the transfer of juvenile prosecution to the Superior Court unless the child is aged 16 or older. The exception to the prohibition on prosecuting children under 12 and transfer to Superior Court for children under 16, is only for the most serious of charges.
HB 122. The Jamie Wolfe Employment Act phases out the authorization that allows employers to pay individuals with disabilities less than the minimum wage required to be paid to other employees by July 1, 2023.
HB 185. This Act requires certain law-enforcement officer to wear and use a body worn camera to record all interactions with a member of the public. The Act also requires law-enforcement agencies to retain body worn camera recordings for at least 90 days following the interaction unless the agency has received a request or a court order to preserve the recording for a longer period of time.
SB 111. Creates an automatic expungement process.
From the 150th General Assembly enacted in 2020.
SB 200, This Act requires the Delaware Health Information Network (DHIN) to provide access to the Delaware Health Care Claims Database to 2 additional state agencies, the Department of Insurance and Delaware Health Care Commission. In adding these state agencies to the existing list, this Act makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
SB 201, This Act creates the Delaware Perinatal Quality Collaborative to improve pregnancy outcomes for women and newborns and such issues as obstetrical blood loss management, pregnant women with substance use disorder, infants impacted by neonatal abstinence syndrome, and advancing evidence-based clinical practices and processes through quality care review, audit, and continuous quality improvement. This Act establishes the temporary chair of the Collaborative to guide the Collaborative’s initial organization.
SB 237, This Act delays to October 1, 2020, the expansion of dental care to all eligible adult Medicaid recipients provided for under Senate Substitute No. 1 for Senate Bill No. 92 (150th General Assembly), Chapter 187 of Volume 82 of the Laws of Delaware.
SB 260, This Act provides supplementary appropriations to certain Grants-in-Aid for Fiscal Year 2021. Section 1 - Government Units and Senior Center $ 26,692,375 Section 2 - One-Times and Community Agencies $ 20,467,399 Section 3 - Fire Companies $ 6,940,706 Section 4 - Veterans Organizations $ 354,318 GRAND TOTAL $ 54,454,798.
A member of the public can provide feedback on pending legislation in the following ways:
Committee hearings are also listed on the Legislative Calendar on the Delaware General Assembly home page.
The General Assembly webpage can be searched by bill number or keyword. The link to each piece of legislation leads to an information page that provides information about where the bill is in the legislative process, including what committees it has been assigned to and actions taken on the legislation.
