DELAWARE STATE SENATE

153rd GENERAL ASSEMBLY

SENATE BILL NO. 340

AS AMENDED BY

SENATE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO LONG TERM CARE FACILITIES

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

Section 1. Amend Title 16 of the Delaware Code by making insertions as shown by underline as follows and by redesignating accordingly:

§ 1102. Definitions

( ) “Covered long-term care facility” means a nursing facility, assisted living facility, or group home for persons with mental illness as each is defined in this section.

§ 1120. Insurance Requirement

( a) A covered long-term care facility must maintain insurance coverage in a minimum amount of $1 million per claim/$3 million in the aggregate each for general liability and professional liability, respectively. These policies must also include abuse and molestation coverage.

(b) A covered long-term facility must, as a condition of receiving and maintaining an active license, certification, or other authority to provide health-care services in the State of Delaware, furnish proof of the required insurance to the Department.

(c) A covered long-term care facility must provide proof of the required insurance with any application for renewal of such license, certification, or authority.

(d) An insurance company providing coverage to a covered long-term care facility must notify the Department within 14 days of any lapse in or cancellation of coverage for the covered long-term care facility.

(e) Failure to maintain minimum insurance limits under this section will result in revocation of the covered long-term care facility’s license.

(f) This section does not apply to a covered long-term care facility owned and operated by the State.

Section 2. This Act takes effect 180 days after enactment.