Delaware General Assembly

CHAPTER 281

FORMERLY

SENATE BILL NO. 236

AN ACT MAKING A SUPPLEMENTAL APPROPRIATION TO PROVIDE A ONE-TIME SALARY SUPPLEMENT FOR STATE EMPLOYEES, TO PROVIDE A ONE-TIME PENSION SUPPLEMENT FOR STATE PENSIONERS AND TO PROVIDE ONE-TIME APPROPRIATIONS TO THE OFFICE OF MANAGEMENT AND BUDGET.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section There shall be a one-time salary supplement of $500.00 for the following employees who were on the payroll as of July 8, 2018 and are on the payroll as October 28, 2018: those employees in Departments 01 – 77, those employees of Delaware Technical Community College Plans A, B and D, and local education agency employees covered under 14 Del. C. §1305, §1308, §1311, §1322 (a), §1322(c), and §1324.

Section Part-time employees, hourly employees, and those employees employed in accordance with 29 Del. C. § 5903(17) shall be entitled to a one-time salary supplement amounting to $500.00. This one-time salary supplement shall be only granted for those employees who were on the payroll as of July 8, 2018, received compensation from the State at any time during the period of July 8, 2018 through October 27, 2018 and are on the payroll as of October 28, 2018.

Section This supplement shall not be given to the Governor.

Section Funds have been appropriated in Section 8 of this Act for the University of Delaware and Delaware State University to provide for a one-time salary supplement for those salaries paid from General Funds.

Section In no instance shall an employee receive more than one salary supplement authorized in this Act.

Section This supplement shall be considered within the pension definitions stated in 29 Del. C. § 5501 (c), §5501 (d), §5501 (e), §5600 (3), and 11 Del. C. §8351 (2).

Section The provisions of 29 Del C. §5105 (c) notwithstanding, all employees granted a leave of absence for military service according to the provisions of 29 Del. C. §5105 (a) shall be entitled to receive the one-time salary supplement.

Section There is hereby appropriated $23,000,000 (Twenty Three Million Dollars) in General Funds and $1,500,000 (One Million Five Hundred Thousand Dollars) Appropriated Special Funds to the Office of Management and Budget, Contingencies and One-Time Items (10-02-11), One-Time Salary Supplement to implement the provisions of this Act for qualifying employees. These funds shall be paid by the State Treasurer from funds not otherwise appropriated. There is hereby appropriated $1,300,000 (One Million Three Hundred Thousand Dollars) in Trust Fund Operations to the Department of Transportation, Office of the Secretary (55-01-01), One-Time Salary Supplement to implement the provisions of this Act for qualifying Department of Transportation employees.

Section Employees that are funded through sources other than local school funds shall have their one-time salary supplement funded through their respective funding source.

Section 10. There shall be a one-time pension supplement of $400.00 for pensioners, who retired prior to July, 1, 2018.

Section 11. There is hereby appropriated $10,900,000 (Ten Million Nine Hundred Thousand Dollars) in General Funds to the Office of Management and Budget, Contingencies and One-Time Items (10-02-11), to implement the provisions of this Act for qualifying pensioners. These funds shall be paid by the State Treasurer from funds not otherwise appropriated.

Section 12. For the purposes of the implementation of Section 1 through 11 of this Act, funds and authorizations appropriated herein shall be considered as regular operating budget funds. The provisions of 29 Del. C. c. 101 notwithstanding, the administrative regulations and procedures necessary to implement this Act shall be promulgated by the Secretary of Human Resources, Director of the Office of Management and Budget and the Controller General.

Section 13. a) There is hereby appropriated $15,267,700 (Fifteen Million Two Hundred Sixty Seven Thousand Seven Hundred Dollars) in General Funds to the Office of Management and Budget, Contingencies and One-Time Items (10-02-11) for the following purposes:

b) Subsection (a) appropriates $2,000,000 (Two Million Dollars) in General Funds to the Office of Management and Budget, Contingencies and One Time Items (10-02-11) for the development of the Delaware Health Care Claims Database established and authorized pursuant to 16 Del. C. Ch. 103. Notwithstanding any other section of law to the contrary, the Delaware Health Care Claims Database shall be developed as part of the Delaware Health Information Network (DHIN), a previously funded initiative through state, federal and private resources. Said funding shall be subject to DHIN making initial data sets available for the Delaware Health Care Claims Database no later than October 31, 2018, the submission of a total project budget, including non-state resources, to the Director of the Office of Management and Budget, the Chief Information Officer of the Department of Technology and Information, the Secretary of the Department of Health and Social Services and the Controller General no later than October 31, 2018 and DHIN submitting a written status update to the Governor and General Assembly on or before March 1, 2019 to include, but not be limited to, the development of the Health Care Claims Database and the anticipated timeline that the database will be fully operational within one year of the enactment of this Act.

(1) Notwithstanding any other provision of law to the contrary, the Delaware Health Information Network may seek technical assistance from the Department of Health and Social Services (DHSS), in collaboration with the Delaware Health Care Commission, in support of DHIN’s efforts to develop long-term sustainable funding strategies for the Health Care Claims Database.

(2) In the calculation of any statewide, regional or local health care cost calculation target or benchmark program (as defined in House Joint Resolution 7 of the 149^th General Assembly), which program or initiative shall not carry a penalty, the total cost of care calculation, report, study or formulation shall utilize, to the fullest extent practicable, data obtained from the Health Care Claims Database maintained by the Delaware Health Information Network.  To the extent that any data used to develop, calculate or otherwise support any statewide, regional or local health care cost target or benchmark program (as defined in House Joint Resolution 7 of the149^th General Assembly) is not from the Health Care Claims Database maintained by the DHIN, such data shall be made publicly available by the Secretary of the Department of Health and Social Services and disclosed to the Delaware Health Care Commission in an open meeting, subject to existing legal protections for any confidential or proprietary data. 

(3) Notwithstanding any other provision of the law to the contrary the Department of Health and Social Services may require, in support of any statewide, regional or local, health care cost calculation target or benchmark program (as defined in House Joint Resolution 7 of the 149^th General Assembly), the submission of claims data, as defined in 16 Del. C. §10312, by any health insurer, as defined in 16 Del. C. §10312. Such entity shall be treated as a mandatory reporting entity as defined in 16 Del. C. §10312, for purposes of submission of claims data pursuant to this Section.