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Delaware Health Care Legislation

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.

Pending Health Care Legislation

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 1, This Act extends the provisions contained in HB 349 from the 150th General Assembly until March 31, 2022 with the goal of continuing the efforts to try and mitigate the losses this industry has suffered. This bill extends provisions 1-4 in HB 349.

  • HB 33, This bill changes the relationship between physicians and physician assistants from supervisory to collaborative, in recognition of the evolving role of physician assistants and reflecting the education, training, and experience required for licensing, which emphasizes the team-based practice model. 

  • HB 35, This Act establishes a Behavioral Health Professional of the year award program throughout the State. Through this legislation, the state will formally honor and recognize the work behavioral health professionals, such as, school counselors, social workers, licensed clinical social workers, school psychologists, and school nurses. 

  • 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 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 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 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." 

  • HB 55, This Act establishes the Delaware Gun Shop Project. The Gun Shop Project's primary purpose is to develop, create, and provide suicide prevention education materials and training, to be made available for dealers and consumers of licensed deadly weapons in Delaware. The Delaware Suicide Prevention Coalition will oversee the Gun Shop Project and include the Project's annual report in the Coalition's annual report. The Division of Substance Abuse and Mental Health, which staff the Coalition, will staff the Gun Shop Project.

  • 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 20, This bill requires all public and charter schools which have students in grades 6-12 to provide free feminine hygiene products in 50% of the bathrooms used by students who can have a menstrual cycle. This bill also requires schools to publish on its website and post in its common areas the locations of the bathrooms where the hygiene products are provided. Finally, this bill provides that each school must consult with its school nurse regarding the products to be provided.  

  • 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 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 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 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.

  • HB 100. This Act establishes a mental health services unit for Delaware elementary schools. The unit is at a ratio of 250 full-time equivalent students grades K-5 for a full-time school counselor, school social worker, or licensed clinical social worker. Additionally a unit ratio of 700 full time equivalent students for grades K-5 for employment of a full-time school psychologist. This Act defines “mental health services” as prevention, response, and coordination services delivered to students in elementary schools. 

  • 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. 

  • 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.

  • 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 88. This bill removes the training minimum wage and youth minimum wage, which takes effect 90 days after enactment. 

  • 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 44. This Act allows the Drug Overdose Fatality Review Commission ("Commission") to review all deaths related to a drug overdose, regardless of the type of drug implicated in the overdose death. This change will allow the Commission to obtain and review all medical records, including substance abuse and mental health records, when there is a death related to a drug overdose. This approach will allow the Commission to monitor the evolving nature of societal drug use over time and make recommendations that are proactive in reducing the harm from emerging trends. 

  • 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 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 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.

  • HB 77This 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 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. 

  • HB 55. In 2009, New Hampshire was the first state to develop a statewide "Gun Shop Project," reaching out to gun shops regarding the role they can play in suicide prevention. In the years since, at least 21 other states have implemented similar campaigns. This Act establishes the Delaware Gun Shop Project. The Gun Shop Project's primary purpose is to develop, create, and provide suicide prevention education materials and training, to be made available for dealers and consumers of licensed deadly weapons in Delaware. The Delaware Suicide Prevention Coalition will oversee the Gun Shop Project and include the Project's annual report in the Coalition's annual report. The Division of Substance Abuse and Mental Health, which staff the Coalition, will staff the Gun Shop Project. 

  • HB 48. This Act establishes a Health Care Provider Loan Repayment Program for new primary care providers to be administered by the Delaware Health Care Commission. Under the loan repayment program, the Health Care Commission may award education loan repayment grants to new primary care providers of up to $50,000 per year for a maximum of 4 years.

  • SB 44. This Act allows the Drug Overdose Fatality Review Commission ("Commission") to review all deaths related to a drug overdose, regardless of the type of drug implicated in the overdose death. This change will allow the Commission to obtain and review all medical records, including substance abuse and mental health records, when there is a death related to a drug overdose. 

  • SB 32. A 2019 study found the following: (1) Black women are 80% more likely to change their natural hair to meet social norms or expectations at work. (2) Black women are 50% more likely to be sent home or know of another Black woman sent home from work because of her hair. (3) Black women are 30% more likely to be made aware of a formal workplace appearance policy. Delaware law prohibits discrimination on the basis of race in a variety of settings. This Act makes clear that race also includes traits historically associated with race, including hair texture and a protective hairstyle, which includes braids, locks, and twists.

  • SB 19This 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 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 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 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 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 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. 

Enacted Health Care Legislation

From the 150th General Assembly enacted in 2020.

  • HB 263,  This Act requires that individual, group, and State employee insurance plans cap the amount an individual must pay for insulin prescriptions at $100 a month and must include at least 1 formulation of insulin on the lowest tier of the drug formulary developed and maintained by the carrier.

  • HS 1 for HB 348, This Act requires that telemedicine services permitted under this Act receive the same insurance coverage as under existing law. This bill specifies that physicians may prescribe opioids via telemedicine and is subject to the same standards of practice. The Act expires on July 1, 2021.

  • HB 355, DHSS, This Act creates the 17-person Behavioral Health Planning and Advisory Council to the Division of Substance Abuse and Mental Health and ensures the Council will satisfy the requirements of Title XIX of the Public Health Service Act.
  • 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 170, This Act creates a CBD-Rich card medical marijuana card to treat anxiety in adults. This Act also requires that a registry identification card state the type of card that is issued to clearly identify qualifying adult patients, qualifying pediatric patients, designated caregivers, and CBD-Rich patients. 

  • 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 246, This bill authorizes a hospital to petition for a court-appointed guardian for a non-acute patient who has been a patient at the hospital for an extended period, after having been abandoned by family, after providing two notices to the patient, the patient's surrogate, or the patient's family if there is no surrogate, of the need to seek a guardian for the patient.

  • 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
Feedback for Delaware's Health Care Legislation

A member of the public can provide feedback on pending legislation in the following ways:

  • Contacting the sponsor(s) of the legislation. 
  • Contacting members of the committee to which the legislation has been assigned.
  • Providing testimony at a committee hearing.

Information About Legislation     Explanation of the Legislative Process

Committee Membership Hearings    Information about the Delaware General Assembly

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.

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