Delaware General Assembly

CHAPTER 106

AN ACT TO APPROPRIATE MONEYS TO CERTAIN HOSPITALS AND THE DEPARTMENT OF PUBLIC WELFARE FOR CERTAIN HEALTH SERVICES.

Be it enacted by the General Assembly of the State of Delaware: (three-fourths of all the members elected to each branch thereof concurring therein:)

Section 1. There is appropriated for the maintenance, equipment and operation of the Hospitals hereinafter mentioned, for the fiscal year ending June 30, 1968, the sums of money set after the names of such hospitals respectively:

Each of the appropriations shall be paid to the respective Hospitals in equal quarterly installments on the fifteenth day of July, October, January and April of the fiscal year ending June 30, 1968.

Section 2. There is likewise appropriated for the maintenance, equipment and operation of the Wilmington Medical Center, the sum of $550 per bed for the Delaware Division not in excess of 34 beds. The said appropriation to be paid to the said hospital, upon the completion of such additional capacity, in equal quarterly installments on the fifteenth day of July, October, January and April of the fiscal year ending June 30, 1968;

provided, however, that no portion of said appropriation shall be paid to said hospital unless such additional bed capacity shall have been completed and in operation prior to December 31, 1967; and provided further in each such case the first quarterly installment payable after the completion and operation of said bed capacity shall be in that proportion of the quarterly installment which the percent of the quarter remaining after the beginning of the operation of such capacity shall bear to the total of such quarter but no payment shall be made for beds completed after December 31, 1967.

Section 3. Prior to the payment by the State Treasurer of any quarterly installment of the appropriations hereinabove authorized, or any portion thereof, each of said hospitals shall inform the State Treasurer in writing of the bed capacity of such hospital and in case the report to the State Treasurer made by any hospial shall show a reduction in bed capacity the appropriation and the quarterly payments herein authorized shall be reduced proportionately from the time of such reduction in capacity. The State Auditor shall from time to time verify the bed capacity of said hospitals and report to the State Treasurer and the Budget Director.

Section 4. The provisions of Sections 1, 2 and 3 of this Act notwithstanding, the Budget Commission shall administer this Act and shall have the power to reduce the amounts to be paid to the individual hospitals to the extent that the funds withheld are allocated and transferred to the Department of Public Welfare as provided for in Section 5 of this Act, and the State Treasurer shall make no payment under this Act except upon the prior approval of the Budget Commission and of the Budget Director as elsewhere required by law. In reducing the amounts to be paid to the hospitals pursuant to this section, the Budget Commission shall make such reduction on as nearly a uniform basis as possible; provided, however, that the Commission shall endeavor to assure that each hospital shall receive during the fiscal year payments from the Department of Public Welfare for Medical benefits and grants pursuant to this Act which total not less than the amount specified for such hospital in Sections 1 and 2 of this Act.

allocate and transfer to the Department of Public Welfare from the sums herein appropriated to the hospitals amounts not to exceed initially $200,000 for any fiscal quarter, for the purpose of continuing the program of medical assistance within the requirements of Section 121 (a) of P.L. 89-97 enacted by the Congress of the United States and commonly known as Title XIX of the Social Security Act. After the requirements of Section 4 of this Act have been met, the Budget Commission shall have the additional power to transfer remaining funds to the Department of Public Welfare within the requirements of Section 121 (a) of P.L. 89-97. The Budget Commission shall not allocate to the Department of Public Welfare any of the sums herein mentioned except upon the following conditions :

(A) The State Plan of Medical Care to be carried out by the Department of Public Welfare meets the requirements for federal financial participation under the aforementioned Title XIX, and

(B) The sums expended by the Department pursuant to this Act shall be limited to :

(1) inpatient hospital services,

(2) outpatient hospital services,

(3) other laboratory and X-ray services,

(4) skilled nursing home services for individuals 21 years of age or older, and

(5) physicians services, whether furnished in the office, the patient's home, a hospital, or a skilled nursing home or elsewhere.

Section 6. This Act is a supplementary appropriation and the money appropriated shall be paid by the State Treasurer from the General Fund of the State.