| SB 179 | Passed | Pinkney | This Act repeals Subchapter X of Title 11 which established the Delaware Sentencing Accountability Commission (Commission) and recodifies the Commission under Chapter 89A of Title 11.
This Act modernizes the Commission’s mission, establishes the membership of the Commission, codifies the Commission’s overall power and authority, and creates a duty for the Commission to provide a data report annually. | AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THE DELAWARE SENTENCING GUIDELINES AND ACCOUNTABILITY COMMISSION. |
| SB 223 | Passed | Sturgeon | This Act updates the requirements for Department of Education’s regulations for personnel records to include charter schools.
This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. | AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE RETENTION OF PERSONNEL RECORDS. |
| SB 249 w/ SA 2 | Passed | Pinkney | This Act does all of the following:
(1) Establishes a regulatory framework for substance use harm reduction programs that provides immunities for program providers and staff.
(2) Modifies the definition of drug paraphernalia.
(3) Decriminalizes possession of paraphernalia for individuals who use drugs, while retaining prohibitions for paraphernalia used in the manufacturing or distribution of drugs and the selling of certain drug paraphernalia.
This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. | AN ACT TO AMEND TITLE 16 AND TITLE 29 OF THE DELAWARE CODE RELATING TO SUBSTANCE USE HARM REDUCTION. |
| SB 286 w/ HA 1 | Passed | Poore | This Act clarifies portions of Chapter 84 of Title 21 of the Delaware Code pertaining to new recreational vehicle, vessel, or new recreational trailer manufacturer-dealer agreements. The Act includes the following provisions:
Definitions.
The Act amends § 8401 of Title 21 and clarifies the definitions of "new recreational trailer" and "new recreational vehicle" and adds definitions of "all-terrain vehicle," "off-highway vehicle," "side-by-side vehicle," and "vessel."
Written agreements.
Manufacturers are required to specify in writing to their new recreational vehicle dealers licensed in the state the dealers' obligations for pre-delivery preparation, manufacturer-sponsored maintenance programs, manufacturer extended warranty, certified pre-owned warranty, manufacturer-issued service contracts, parts exchange programs, recall, and warranted service on the dealers' products. In addition, manufacturers must compensate their new recreational vehicle dealers for these services and provide the dealers with a schedule of compensation and the time allowances for the performance of the work and services.
Termination, cancellation, nonrenewal, or alteration of a dealership.
In the event a new recreational vehicle dealer terminates, cancels, or fails to renew a manufacturer-dealer agreement for good cause, and the manufacturer fails to cure the deficiencies, at the new recreational vehicle dealer's election and within 45 days of the termination, cancellation, or nonrenewal, the manufacturer must, in addition to its existing obligations, compensate the dealer for any transporting, handling, packing, storing, and loading of any returned parts, tools, and equipment.
Warranty obligations.
With respect to parts reimbursement, reasonable compensation to a new recreational vehicle dealer may not be less than the rate charged by the dealer for like services to nonwarranty customers for nonwarranty parts, service, or actual wholesale cost, plus a minimum 40% handling and the cost of any freight to return the warranty parts to the warrantor. A new recreational vehicle dealer must notify the warrantor within 180 days if it is unable to perform any warranty repairs.
In addition, a schedule of compensation for warranty services must include reasonable compensation for diagnostic work, parts, repair service, and labor. Time allowances for the diagnosis and performance of warranty work and services must be reasonable and adequate. With respect to manufacturer-sponsored maintenance programs, manufacturer extended warranty, certified pre-owned warranty, manufacturer-issued service contracts, parts exchange programs, recall and warranty parts, and labor reimbursement, reasonable compensation may not be less than the rate charged by the dealer for like service to non-warranty customers for nonwarranty parts, services, and repairs. If a manufacturer furnishes a part of a component to a dealer at no or a reduced cost, the manufacturer must compensate the dealer in the same manner as warranty parts compensation, less the dealer cost for the part or component as listed in the manufacturer's price schedule.
Association standing.
An association that has at least 4 recreational vehicle dealers as members, substantially all of whom are new recreational vehicle dealers within the State, and that represents the collective interests of its members, has standing to file a petition or civil action against a manufacturer regulated under this chapter for itself or on behalf of any or all of its members. Such an association also has standing to intervene in an action against a manufacturer regulated under this chapter previously filed by an individual member or members of the association to enforce the provisions of this chapter.
This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. | AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO COMMERCE AND TRADE. |
| SB 290 | Passed | Townsend | This Act clarifies that quorum does not define the identity of a public body. Under rules of parliamentary procedure like Mason’s Manual or Robert’s Rules of Order, quorum is used to determine whether enough of a body is present to conduct business. Under Delaware’s Freedom of Information Act (FOIA), quorum is used to determine whether a public body is holding a “meeting” as defined under FOIA and therefore required to comply with open meeting requirements. However, quorum is not, under parliamentary procedure or FOIA, dispositive to determining the identity of the public body that is meeting. The governing document that creates the body determines the identity of the body under parliamentary law and that, in addition to an examination of the actual public business being conducted, will guide answers to questions about the identity of the public body for purposes of FOIA. | AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO PUBLIC BODIES. |
| SS 1 for SB 161 | Passed | Pinkney | 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. | AN ACT TO AMEND TITLES 16 AND 29 OF THE DELAWARE CODE RELATING TO BEHAVIORAL HEALTH. |
| SB 308 w/ SA 1 | Passed | Hansen | This legislation shall be known and may be cited as the “Load Forecast Accountability Act.” Recent reports by PJM Interconnection, L.L.C. (PJM), have highlighted that electricity demand across the PJM footprint, including Delaware, is projected to grow due to data centers, electrification of vehicles and buildings, and other large load additions. PJM recently projected that, by 2030, PJM expects to add 32 GW of load to the grid – 30 GW of which is attributable to data centers. PJM relies upon load forecasts submitted by Commission-regulated electric distribution companies in Delaware to establish system planning needs and capacity requirements which ultimately have costs associated with both. Accurate, transparent, load forecasting is essential to ensure the adequacy of electric supply, maintain system reliability, and protect Delaware consumers from unnecessary costs caused by overbuilding or underbuilding system resources.
There is a critical need for the Delaware Public Service Commission to provide oversight of load forecasting inputs from Commission-regulated electric distribution companies, to ensure accuracy and transparency, and to coordinate with PJM and neighboring state regulators to prevent duplicative counting of projects and customer contracts. The purpose of this Act is to provide the Commission with authority and responsibility to: (1) Review and evaluate load forecasts submitted by Delaware Commission-regulated electric distribution companies to PJM; (2) Coordinate with PJM and other states to ensure accurate system-wide planning; and (3) Access all relevant materials, including confidential agreements, necessary to carry out this oversight.
Under this Act, the Commission is required to submit a written report to the Governor, the General Assembly, and the Director and the Librarian of the Division of Legislative Services no later than May 1 of each year on its progress in implementing this Act. This report must also be posted on the Commission’s website. | AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE RELATING TO THE LOAD FORECAST ACCOUNTABILITY ACT. |
| SB 311 | Passed | Huxtable | This Act does the following:
1) On line 6, the Act deletes a provision about the Department of Agriculture issuing a biennial license for $100.
2) The Act requires certified private applicators to maintain records with respect to applications of pesticides and to make the records available for inspection by the Department.
3) The Act expands the definition of “Landscaper” to include commercial entities that install their own nursery stock.
4) The Act removes the requirement that Grain Inspector License applicants furnish satisfactory evidence of good character to the Department. | AN ACT TO AMEND TITLE 3 OF THE DELAWARE CODE RELATING TO AGRICULTURE. |
| SS 1 for SB 189 w/ SA 1 | Passed | Poore | 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. | ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO UNFAIR PRACTICES IN THE INSURANCE BUSINESS. |
| SB 318 | Passed | Cruce | This Act discontinues the Delaware State Education Association centennial limited edition special license plate and replaces it with an updated special license plate of the Delaware State Education Association. A special license plate supports a cause and is available for purchase by the public at large, including by members the beneficiary organization. The numbers, letters, or both, assigned will be the same as the license plate assigned to the owner’s vehicle at the time of the application for the plate. This Act does not affect the validity of Delaware State Education Association centennial limited edition special license plates issued previously under § 2140G of Title 21; Delaware State Education Association centennial special license plates that are otherwise valid remain valid.
This Act requires a greater-than-majority vote for passage because Article VIII, § 11 of the Delaware Constitution requires the affirmative vote of 3/5 of the members elected to each house of the General Assembly when a new tax or license fee is imposed. | AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO SPECIAL LICENSE PLATES. |
| SCR 167 | Passed | Huxtable | This Concurrent Resolution requests the Delaware Division of the Arts, in cooperation with the Division of Small Business, prepare for consideration by the 154th General Assembly a report detailing recommendations for developing an arts, cultural, or creative district program and submit the report to the 154th General Assembly not later than April 2, 2027. | REQUESTING THE DELAWARE DIVISION OF THE ARTS, IN COOPERATION WITH THE DIVISION OF SMALL BUSINESS, TO PREPARE A REPORT DETAILING RECOMMENDATIONS FOR DEVELOPING AN ARTS, CULTURAL, OR CREATIVE DISTRICT PROGRAM. |
| SS 1 for SB 289 | Passed | Townsend | This Substitute differs from Senate Bill No. 289 by retaining the State Treasurer as a member of the State Employee Benefits Committee (Committee) and making the Secretary of the Department of Human Resources a nonvoting member.
Like SB 289, this Act allows the appointed members of the Committee to select designees to attend Committee and subcommittee meetings, as is currently allowed for Committee members serving by virtue of position. This change does not apply to meetings of the Retiree Healthcare Benefits Advisory Subcommittee. The authority that appointed the member must approve the appointed member’s proposed designee and the appointed member must provide that written approval to the Committee chair or subcommittee chair, as applicable.
In addition, this Act makes the Controller General a voting member of the Committee. This Act also adds the Chair of the Delaware Health Care Commission to the Committee and designates that individual as the Chair of the Committee. Further, this Act makes the Director of the Office of Management and Budget, who currently chairs the Committee, a regular voting member.
This Act clarifies that proposal review committees are subcommittees and clarifies that the membership or attendance of a quorum of Committee members on or at a subcommittee meeting does not constitute a meeting of the Committee.
The Act requires that official action by a subcommittee requires a roll call vote. | AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE STATE EMPLOYEE BENEFITS COMMITTEE. |
| SB 328 | Passed | Hansen | This Act updates the school building maintenance standards to require the facilities evaluation instrument be established through regulation by the Department of Education rather than just through guidance from the Department. It also clarifies that the minimum standard of good repair facility category related to hazardous materials includes that of lead. | AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO SCHOOL BUILDING SAFETY. |
| SS 1 for SB 196 w/ SA 1 | Passed | Mantzavinos | This Act is a substitute for Senate Bill No. 196. Like Senate Bill No. 196, this Act requires long-term care facilities to fully disclose ownership information for the facility and disclose ownership information to residents prior to the transfer of ownership of a facility. This Act differs from Senate Bill No. 196 in the following ways:
1. It changes the definition of "facility owner" to align with federal regulations.
2. It modifies the requirements for a long-term care facility to include a list of facility owners on marketing and promotional materials, instead requiring that the list of facility owners be found on the long-term care facility's website, and that any marketing or promotional materials include a statement directing recipients of the materials to the facility's website for a list of owners.
3. It amends the timeline for a long-term care facility to disclose a proposed transfer of ownership to no more than 30 calendar days after receiving approval of required modification of ownership and control paperwork from the Department.
4. It clarifies the requirements of both current and proposed new facility owners in disclosing a transfer of ownership to residents and, if applicable, authorized representatives of residents of the long-term care facility.
5. It modifies the requirement that the disclosure of disciplinary actions against the facility to be limited to those actions resulting from incidents that threatened the health, safety, or welfare of a resident.
6. It removes an explicit statement of the Department's authority to delay or deny the transfer of a license due to previous disciplinary actions.
7. It exempts nonprofit corporations from having to disclose certain information.
8. It explicitly exempts the requirements of this Act from applying to certain actions that began prior to the effective date of this Act. | AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO LONG-TERM CARE FACILITIES. |
| SJR 18 | Passed | Hansen | This Joint Resolution designates August 31, 2026 as "International Overdose Awareness Day" in Delaware and requires the state flag to be flown at half-staff in observance and to honor those whose lives were taken too soon. | DESIGNATING AUGUST 31, 2026, AS "INTERNATIONAL OVERDOSE AWARENESS DAY" IN THE STATE OF DELAWARE AND REQUIRING THE STATE FLAG TO BE FLOWN AT HALF-STAFF IN OBSERVANCE. |
| SS 2 for SB 23 | Passed | Huxtable | This Act aims to increase this State’s supply of housing. Despite rapid development, Delaware is facing a significant and growing shortage of affordable housing. Senate Joint Resolution No. 8 of the 1st session of the 153rd General Assembly created a pilot program designed to encourage local zoning reform efforts that would help increase affordable housing. While several local jurisdictions have taken advantage of the assistance offered by Senate Joint Resolution 8, the scope of the problem is statewide, and it will take more than isolated local reform to scale up housing production, particularly affordable housing production, to the degree necessary to meet this State’s needs. This Act seeks to address those needs by increasing access to housing for all income levels while allowing local jurisdictions the flexibility to develop their own strategies for doing so.
This Act is a second Senate substitute for Senate Bill No. 23 and differs from the first Senate substitute for Senate Bill No. 23 as follows:
(1) Senate Substitute No. 2 refines the process that occurs if a County fails to rezone in accordance with its comprehensive plan within 12 months. Like Senate Substitute No. 1, it provides that if rezoning does not occur as required, a property owner’s application must be approved if the requested zoning classification is consistent with future land use map or map series and implementing provisions of the comprehensive plan. Senate Substitute No. 2 adds that denial can only occur if the County makes written findings that the requested zoning classification is inconsistent with the future land use map or map series or implementing provisions of the comprehensive plan, or that the application fails to satisfy procedural or submission requirements. If neither of these apply, the application must be approved within 120 days, unless the applicant agrees in writing to an extension. Previously, the application had to be approved within 90 days.
(2) Senate Bill No. 23 required a minimum of 4 mandatory elements of an affordable housing plan. Senate Substitute No. 1 increased the number of required elements of the affordable housing plan from 4 to 5 by moving an element from optional to mandatory. That element was that an affordable housing plan for a jurisdiction with greater than 10,000 population must include the identification of 1 or more zoning designations that allow and are suitable for residential uses where emergency shelters, group homes, recovery homes, or other supportive housing are allowed as a permitted use without a conditional use or other discretionary permit required. Senate Substitute No. 2 removes this as a mandatory element and changes the newly optional element to read, “the amendment of land use regulations to allow transitional housing, emergency housing shelters, group homes, recovery homes, or other supportive housing as a permitted use in at least 1 residential zone.” It also removes the 10,000 population cap, making the element an option for all local jurisdictions, regardless of population size.
(3) Senate Bill No. 23 and Senate Substitute No. 1 for Senate Bill No. 23 required the Director of the Delaware State Housing Authority to approve all affordable housing plans. Senate Substitute No. 2 shifts the role of Delaware State Housing Authority to a more collaborative one by requiring local jurisdictions to work with the Delaware State Housing Authority to develop its plan.
(4) Senate Substitute No. 2 gives local jurisdictions credit for measures they are already taking to increase affordable housing. Any elements of affordable housing plans adopted on or after July 15, 2024, count toward meeting the requirements of the plan. This avoids duplication of efforts and recognizes the meaningful affordable housing work that many local jurisdictions are already doing.
(5) Senate Substitute No. 2 recognizes that some jurisdictions are very close to completing their comprehensive plans by exempting jurisdictions from some provisions of the Affordable Housing Act if they will be adopting their next comprehensive plan before February 1, 2027. If a local jurisdiction falls into that category, it does not need to comply with the provisions of § 9222 of the Act prior to its next 5-year review of its comprehensive plan.
(6) Senate Substitute No. 2 creates a new section addressing by-right residential uses and mixed-use uses with a majority residential component. The language around by-right review and approval previously included in the mandatory elements of an affordable housing plan section is replaced with a reference to the newly created section. Under that section, a residential development application or a mixed-use application with a majority residential component for a use that is permitted by-right under the zoning ordinance of a county or local jurisdiction will be reviewed through an administrative review and approval process, provided the application complies with objective standards, as defined in this Act. A local jurisdiction may still require review or approval by a planning commission, planning board, or other administrative body as long as the review is limited to determining compliance with objective standards.
(7) Senate Bill No. 23 and Senate Substitute No. 1 for Senate Bill No. 23 stated that the Governor’s review and certification of comprehensive plans would focus in part on consistency with State development policies. Senate Substitute No. 2 modifies this slightly to require plans to “demonstrate consideration of State development policies.” The goal of this change is to avoid limiting local jurisdictions to simply mirroring the contents of State development policies like State Spending Strategies, while still requiring that they consider such policies in developing their comprehensive plans.
(8) Senate Substitute No. 2 adds definitions for “homeownership unit,” “rental unit,” and “by-right” to Title 29.
(9) Senate Bill No. 23 and Senate Substitute No. 1 referred to mixed-use developments in one of the elements that may be included in an affordable housing plan. Senate Substitute No. 2 clarifies that such mixed-use developments must have a majority residential component.
(10) Senate Substitute No. 2 adds to the list of 10 (now 11) options available to local jurisdictions to meet their obligation to increase and diversify affordable housing. This new option allows a local jurisdiction to implement a strategy that is not listed among the original 10 elements, from which local jurisdictions must select 5, but that the Delaware State Housing Authority approves as meeting the goals of that section of this Act.
(11) Senate Bill No. 23 and both substitutes require counties to amend their official zoning maps within 12 months of the adoption of or revision to their comprehensive plans. If a county does not do so, a rezoning application filed by a property owner must be approved if the requested zoning classification is consistent with the comprehensive plan, unless the county makes certain findings. If an application is submitted under this provision, a county must make a completeness determination within a certain time period, or the application is deemed complete. In Senate Bill No. 23 and Senate Substitute No. 1, that period was 10 days. Senate Substitute No. 2 increases it to 21 days.
Like the first substitute for Senate Bill No. 23, Senate Substitute No. 2 differs from Senate Bill No. 23 as follows:
(1) Both substitutes remove a provision that would have given County comprehensive plans the force of law. Current law, where only the land use map or map series component of the comprehensive plan has the force of law, remains in place.
(2) Both substitutes reduce the amount of time a County has to rezone to conform land use with its comprehensive plan from 18 to 12 months.
(3) Senate Bill No. 23 gave local jurisdictions 20 days to complete revisions to comprehensive plans that were returned by the Governor for further revision. Both substitutes increase that period to 45 days and add additional details regarding the revision and certification process.
(4) Both substitutes reduce the requirements for the affordable housing plan under newly created Subchapter III of Chapter 92 of Title 29 to reflect the fact that local jurisdictions already include some of the information required under Senate Bill No. 23 in their comprehensive plans.
(5) Senate Substitute No. 1 and Senate Substitute No. 2 both remove some of the reporting requirements included in Senate Bill 23 to simplify the process for local jurisdictions. Reporting is still mandatory, and the Delaware State Housing Authority and the Office of State Planning Coordination are still required to publish reported information on the Housing Authority website on an annual basis so that the public can see how local jurisdictions are meeting their obligations under this Act.
(6) Both substitutes remove technical corrections that appeared in Senate Bill No. 23. Those corrections had been intended to make current code consistent with the standards of the Delaware Legislative Drafting Manual, but the substitutes remove them to avoid confusion over which changes are technical, and which are substantive.
Under § 1 of Article IX of the Delaware Constitution, this Act requires a two-thirds majority vote because the amendments it makes to Title 22 of the Delaware Code would indirectly amend the charter of one or more incorporated municipalities. | AN ACT TO AMEND TITLE 9, TITLE 22, AND TITLE 29 OF THE DELAWARE CODE RELATING TO HOUSING SUPPLY AND HOUSING AFFORDABILITY. |
| SS 1 for SB 334 w/ SA 1 | Passed | Pinkney | The Health Care Professional Access Act requires carriers to participate in uniform processes with specific timetables to create speed-to-market for health care professionals. Currently, health care professionals may be employed for 6 months or more with no ability to collect insurer reimbursement due to lengthy carrier credentialing process. Ensuring uniformity across carriers, as well as relevant procedural standards, will help attract and retain health care professionals in our state, enable movement between practices and the creation of new ones, and ensure nondiscrimination in credentialing decisions.
Under this Act, credentialing processes are limited to 45 days. This Act additionally provides for provisional credentialing, whereby reimbursement ability is provided even more quickly for certain health care professionals, including FQHCs, and in designated shortage areas which currently include mental health professionals statewide and primary and dental care in Kent and Sussex Counties, or is offered if timelines are not met. Oversight of compliance with this Act falls to the applicable regulatory agency. The Act also ensures specific processes and health care professional rights during a carrier’s intent to terminate a credential.
More than 30 states have credentialing standards in law, with additional jurisdictions considering relevant legislation. Components of this legislation are derived from the National Association of Insurance Commissioners’ Health Care Professional Credentialing Verification Model Act.
This substitute differs from the original in that it does the following:
- Clarifies that it applies to those carriers that require credentialing and does not require carriers to create a credentialing process if they do not already do so;
- Clarifies the process for credentialing of health care professionals whose primary or home state is not Delaware and prefer to use the credentialing process in their primary or home state;
- Allows a carrier to require earlier recredentialing to address activity that could disqualify a health care professional from credentialing;
- Allows for certain electronic delivery of recredentialing notices;
- Simplifies the language for the basis to deny, suspend, nonrenew, or terminate a health care professional’s to align with NCQA standards;
- Clarifies that the penalties and remedies in this Act are in addition to those already otherwise available; and
- Makes technical changes to information about CAQH.
| AN ACT TO AMEND TITLES 18 AND 29 OF THE DELAWARE CODE RELATING TO HEALTH CARE. |
| SS 1 for SB 13 | Passed | Pinkney | This Act is a Substitute for Senate Bill No. 13. Like Senate Bill No. 13, this Substitute Act amends Title 16 and Title 6 of the Delaware Code relating to hospital charity care and financial assistance and does the following:
(1) Section 1 of the Act amends § 9311 of Title 16 to exempt certain hospitals from the existing charity care requirement and require these hospitals to comply with the new financial assistance requirements under Section 2 of this Act. A hospital that provides exclusively psychiatric services, rehabilitative services, or long-term acute care services remains subject to the charity care requirement.
(2) Section 2 of the Act creates a new Subchapter VII of Chapter 99 of Title 16, §§ 9961 through 9966, establishing minimum financial assistance standards for hospitals and facility-based providers. The subchapter requires full financial assistance for Delaware residents with household income at or below 300% of the federal poverty level, a 75% discount above 300% and at or below 350%, and a 50% discount above 350% and at or below 400%, and requires each hospital to maintain a medical hardship policy providing a 50% minimum discount with an income ceiling of at least 500% of the federal poverty level. Eligibility determinations are valid for at least 1 year, transfer among hospitals and facility-based providers, and suspend collection activity while an application or appeal is pending. Hospitals must provide notice in languages spoken by more than 5% of the hospital's service area, screen patients for financial assistance, report annually to the Diamond State Hospital Cost Review Board (“Board”), and publish a financial assistance policy addressing presumptive eligibility, the application process, Medicaid coordination, and patient refunds. The Board administers the subchapter and conducts compliance reviews, the Division of Health Care Quality may take licensure action on a finding of noncompliance, and the obligations run with the hospital license.
(3) Section 3 of the Act amends § 2505J of Title 6 to prohibit a medical creditor or medical debt collector from taking extraordinary collection action against a patient who qualifies, or whom the creditor has reason to know likely qualifies, for financial assistance.
(4) Section 4 of the Act amends § 2508J of Title 6 to restrict collection communications, litigation, and debt referrals or sales by a medical creditor or medical debt collector that knows or should know that a patient’s financial assistance application or appeal is pending.
(5) Section 5 of the Act amends § 2511J of Title 6 to make noncompliance with the new subchapter, or a patient’s eligibility for financial assistance, a complete defense in a civil action to collect medical debt, and to bar entry of a default judgment in any such action without an affidavit from a responsible officer of the hospital attesting that the patient was offered financial assistance screening.
(6) Section 6 of the Act provides that the minimum financial assistance standards under § 9962(a) and (b) of Title 16 take effect on January 1, 2027, and that all other provisions take effect on the earlier of notice by the Diamond State Hospital Cost Review Board, published in the Register of Regulations, that final implementing regulations have been adopted, or July 1, 2027.
This Substitute Act differs from Senate Bill No. 13 as follows:
(1) Alphabetizes definitions in Section 2 of this Substitute Act and makes other technical corrections throughout this Substitute Act.
(2) Clarifies that hospital services do not include services provided by a facility-based provider at a location that is not the hospital, an off-campus location operated under the hospital's license or Medicare provider agreement, or a freestanding emergency department affiliated with the hospital.
(3) Makes clear that financial assistance is available to a patient for the patient responsibility portion.
(4) Makes clear that a hospital or facility-based provider may bill a financially qualified patient’s insurance for hospital services.
(5) Requires that a hospital that issues a written eligibility notice include with the notice supporting documentation provided by the patient.
(6) Provides that written notice must be in print or electronic form, as determined by the patient.
(7) Provides that a patient seeking financial assistance or medical hardship must apply for financial assistance.
(8) Specifies that the Diamond State Hospital Cost Review Board must develop regulations related to the requirement that a recipient of financial assistance must be a Delaware resident.
(9) Moves the Division of Health Care Quality’s power to impose civil monetary penalties for the violation of Subchapter VII of Chapter 99 of Title 16 into § 9965 of Title 16 (within Subchapter VII of Chapter 99 of Title 16) rather than adding it to § 1007 of Title 16. As a result, the amendment to § 1007 of Title 16 contained in Section 3 of Senate Bill No. 13 is removed from this Substitute Act. The Division’s power is the same power the Department of Health and Social Services has under Chapter 10 of Title 16. | AN ACT TO AMEND TITLE 6 AND TITLE 16 OF THE DELAWARE CODE RELATING TO HOSPITAL CHARITY CARE AND FINANCIAL ASSISTANCE. |
| SCR 216 | Passed | Pinkney | This resolution recognizes April 23, 2026, as "Take Our Children to Work Day." | RECOGNIZING THURSDAY, APRIL 23, 2026, AS "TAKE OUR CHILDREN TO WORK DAY" IN THE STATE OF DELAWARE. |
| SCR 220 | Passed | Wilson | This Senate Concurrent Resolution designates October 12, 2026, as "National Farmer's Day" in the State of Delaware. | DESIGNATING OCTOBER 12, 2026, AS "NATIONAL FARMER'S DAY" IN THE STATE OF DELAWARE. |
| SCR 222 | Passed | Pettyjohn | This Senate Concurrent Resolution recognizes September 2026 as "Veterans Suicide Prevention Month" in the State of Delaware. | RECOGNIZING SEPTEMBER 2026 AS “VETERANS SUICIDE PREVENTION MONTH” IN THE STATE OF DELAWARE. |
| HA 1 to SB 286 | Passed | Bush | This Amendment to Senate Bill No. 286 moves all of the content of Senate Bill No. 286 into a new chapter of Title 21, rather than amending existing Chapter 84. Chapter 84 of Title 21, dealing with new recreational vehicles and trailers will not change under this amended version of Senate Bill No. 286.
The new Chapter 87 created by this amendment applies to “new recreational equipment,” which is defined as a “motorized vessel, ATV, OHV, SSV, cargo trailer, or vessel trailer which has not been titled.” Chapter 87 is a copy of Chapter 84 and includes all of the changes made by the original Senate Bill No. 286. | |
| HA 1 to HS 1 for HB 427 | Passed | Spiegelman | This amendment clarifies that this Act will not invalidate any municipality's authority to regulate the discharge of a BB gun, projectile weapon, or firearm within the municipality's jurisdiction. | |
