CHAPTER 64
FORMERLY
SENATE BILL NO. 74
AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO HEALTH PLANNING AND RESOURCES MANAGEMENT.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE :
Section 1. Amend Chapter 93, Title 16 of the Delaware Code by striking all references to “Certificate of Need” and substituting in lieu thereof “Certificate of Public Review”.
Section 2. Amend §9301, Chapter 93, Title 16 of the Delaware Code by striking §9301 in its entirety and substituting in lieu thereof the following:
Ҥ9301. Purpose
It is the purpose of this chapter to assure that there is continuing public scrutiny of certain health care developments which could negatively affect the quality of health care or threaten the ability of health care facilities to provide services to the medically indigent. This public scrutiny is to be focused on balancing concerns for cost, access and quality.”
Section 3. Amend the first sentence of §9302(4), Chapter 93, Title 16, of the Delaware Code, by striking the “,” between the phrases “freestanding surgical center” and “freestanding emergency center” and substituting in lieu thereof the word “and” and by striking “prescribed pediatric extended care center, medical detoxification setting, blood bank, kidney disease treatment center and alcoholism rehabilitation facility”.
Section 4. Amend §9302(4) by striking from the listing of health care facilities, items f, g, h, i and j.
Section 5. Amend §9302(6), Chapter 93, Title 16 of the Delaware Code by striking “$1,500,000 increasing to $3,000,000 effective January 1, 1998” and substituting in lieu thereof “$5,000,000” and by striking the sentence, “Prior to such designation of medical technology by the Board, medical technology previously designated by the Health Resources Management Council shall continue to be subject to review.”
Section 6. Amend §9303(b), Chapter 93, Title 16 of the Delaware Code by striking the sentence, “Members shall serve no more than 2 full terms consecutively.”, and by further amending §9303(b) by striking “Association of Delaware Hospitals” and substituting in lieu thereof “Delaware Healthcare Association”.
Section 7. Amend §9303(d)(2), Chapter 93, Title 16 of the Delaware Code by inserting after the”.” ,the sentence, “Decisions shall reflect the importance of assuring that health care developments do not negatively affect the quality of health care or threaten the ability of health care facilities to provide services to the medically indigent.”
Section 8. Amend §9304, Chapter 93, Title 16 of the Delaware Code by striking subdivision (1) in its entirety and substituting in lieu thereof the following:
“(1) The construction, development or other establishment of a health care facility or the acquisition of a nonprofit health care facility;
Section 9. Amend §9304(2), Chapter 93, Title 16 of the Delaware Code by striking “$1,500,000 increasing to $3,000,000 effective January 1, 1998” wherever it appears and substituting in lieu thereof “$5,000,000”.
Section 10. Amend §9304(2) by inserting immediately after the first “.”, the sentence, “A capital expenditure for purposes of constructing, developing or otherwise establishing a medical office building shall not be subject to review under this Chapter.”
Section 11. Amend §9304(4), Chapter 93, Title 16 of the Delaware Code by inserting immediately after the first “.” the sentence, “The replacement of major medical equipment with similar equipment shall not be subject to review under this chapter.”
Section 12. Amend the first sentence of §9309(b), Chapter 93, Title 16 of the Delaware Code by inserting after the “,” the phrase “failure to comply with conditions established by the Board pursuant to §9303(d)(2) of this title,”.
Section 13. Amend §9311, Chapter 93, Title 16 of the Delaware Code by striking “June 30, 1999” and substituting in lieu thereof, “June 30, 2002”.
Section 14. Continuity.
Any application for which a decision is pending on the effective date of this Act shall continue to be reviewed in accordance with the previously established time limitations. Any holder of a Certificate of Need issued under the provisions of this Chapter shall have the same rights and obligations as if holding a Certificate of public Review issued pursuant to this Act.
Section 15. Severabillity.
If any clause, sentence, section, provision or part of this Act shall be adjudged to be unconstitutional or invalid for any reason by any court of competent jurisdiction, such judgement shall not impair, invalidate or affect the remainder of this Act which shall remain in full force and effect.