Del. Code tit. 29, § 7901 Establishment of Department of Health and Social Services.
A Department of Health and Social Services is established.
Department of Health and Social Services
Del. Code tit. 29, ch. 79
in effectDel. Code tit. 29, § 7902 Secretary; Deputy Secretary; division directors; Acting Secretary; appointment.
(a) The administrator and head of the Department is the Secretary of the Department of Health and Social Services (“Secretary”), who must be a person qualified by training and experience to perform the duties of the office.
(1) The Secretary is appointed, confirmed, and holds office as provided in § 10 of Article III of the Delaware Constitution.
(2) The Secretary is to be paid an annual salary as determined by the General Assembly in the annual appropriations act.
(3) The Secretary must obtain and retain residency in this State as provided in § 10 of Article III of the Delaware Constitution.
(b) In the event the position of Secretary is vacant, the Governor, by appointment, shall have the power to fill the position of Deputy Secretary if vacant. A Deputy Secretary so appointed shall serve at the pleasure of the Governor and upon the position of Secretary being filled such Deputy Secretary may be removed from office by the Secretary with the written approval of the Governor.
(c) In the event of death, resignation, temporary incapacity or removal of the Secretary and prior to the appointment of a successor, the Governor may appoint the Deputy Secretary or the director of any division of the Department to serve as Acting Secretary. The Secretary may, during an absence from the State, appoint the Deputy Secretary or the director of any division of the Department to serve as Acting Secretary during such absence. In either case the Acting Secretary shall have all the powers and perform all the duties and functions of the Secretary during such absence or incapacity or until a successor is duly qualified and appointed.
Del. Code tit. 29, § 7903 Powers, duties and functions of the Secretary [Effective until July 17, 2028].
The Secretary may:
(1) Supervise, direct and account for the administration and operation of the Department, its divisions, subdivisions, offices, functions and employees;
(2) Appoint and fix the salary, with the written approval of the Governor, of the Deputy Secretary and the following division directors and office heads, who may be removed from office by the Secretary with the written approval of the Governor, and who shall have such powers, duties and functions in the administration and operation of the Department as may be assigned by the Secretary:
a. A Director of the Division of Public Health, who shall be known as the Director of Public Health, and who shall be someone qualified by training, education, experience, or ability to perform the duties of Director;
b. A Director of the Division of Substance Abuse and Mental Health, who shall be known as the Director of Mental Health, and who shall be qualified by appropriate formal education in a field such as psychiatric medicine, psychiatric nursing, clinical psychology or psychiatric social work directly related to the care and treatment of persons with mental or emotional conditions, by direct experience in the care and treatment of persons with mental or emotional conditions and by demonstrated administrative competence;
c. A Director of the Division of Social Services, who shall be known as the Director of Social Services, and who shall be qualified by education, ability and experience in the administration of social work or services;
d. An administrator and head of the Division of Business Administration and General Services who shall be known as the Chief of Business Administration and General Services and who shall be a person qualified by training and experience to perform the duties of the division;
e. An administrator and head of the Division of Planning, Research and Evaluation who shall be known as the Chief of Planning, Research and Evaluation and who shall be a person qualified by training and experience to perform the duties of the division;
f. A Director of the Division of Child Support Services, who shall be someone qualified by training, education, experience or ability to perform the duties of Director;
g. A Director of the Division of Services for Aging and Adults with Physical Disabilities, who shall be someone qualified by training, education, experience or ability to perform the duties of Director;
h. A Director of the Division of State Service Centers, who shall be someone qualified by training, education, experience or ability to perform the duties of Director;
i. A Director of the Division of Health Care Quality, who shall be someone qualified by training, education, experience or ability to perform the duties of Director;
(3) Appoint such additional personnel as may be necessary for the administration and operation of the Department within such limitations as may be imposed by law;
(4) Establish a Division of Business Administration and General Services in order to administer and coordinate the record keeping, transportation, fiscal affairs, data processing, statistics, accounting, personnel and such other general services for the Department as the Secretary may deem necessary for the proper, efficient and economical operation of the Department and to coordinate such general services and business administration with other departments, agencies and offices of the government of this State;
(5) Establish a Division of Planning, Research and Evaluation in order to provide for and carry out the future comprehensive planning of the programs, policies and operations of the Department and the evaluation, necessary research, data collection and analysis of the programs, policies and operations of the Department;
(6) Establish, consolidate, abolish, transfer or combine the powers, duties and functions of the divisions, subdivisions and offices within the Department as the Secretary, with the written approval of the Governor, may deem necessary, providing that all powers, duties and functions required by law shall be provided for and maintained;
(7) Make and enter into any and all contracts, agreements or stipulations, and retain, employ and contract for the services of private and public consultants, research and technical personnel and to procure by contract consulting, research, technical and other services and facilities, whenever the same shall be deemed by the Secretary necessary or desirable, in the performance of the functions of the Department and whenever funds shall be available for such purpose. All necessary legal services shall be provided pursuant to Chapter 25 of this title;
(8) Delegate any of the Secretary’s powers, duties or functions to a director of a division, except the Secretary’s power to remove employees of the Department or to fix their compensation;
(9) Establish and promulgate such rules and regulations governing the administration and operation of the Department as may be deemed necessary by the Secretary and which are not inconsistent with the laws of this State;
a. The Secretary shall, in cooperation with the appropriate division directors and office heads, adopt regulations which require dementia specific training each year for persons who are certified, licensed, or registered by the State, and/or who are partially or fully funded by the State, to provide direct healthcare services to persons diagnosed as having Alzheimer’s disease or other forms of dementia. The mandatory training must include the following topics:
1. Communicating with persons diagnosed as having Alzheimer’s disease or other forms of dementia;
2. The psychological, social, and physical needs of those persons; and
3. Safety measures which need to be taken with those persons.
The mandatory training required under this paragraph applies only to those health-care providers who must participate in continuing education programs;
b. The provisions of paragraph (9)a. of this section do not apply to persons certified to practice medicine under the Medical Practice Act, Chapter 17 of Title 24 or first responders including police officers, firefighters and emergency medical technicians.
(10) Maintain such facilities throughout the State as may be required for the effective and efficient operation of the Department;
(11) Adopt an official seal or seals for the Department;
(12) The Secretary in cooperation with the division directors shall prepare a proposed budget for the operation of the Department to be submitted for the consideration of the Governor and the General Assembly. The Department shall be operated within the limitations of the annual appropriation and any other funds appropriated by the General Assembly. Special funds may be used in accordance with approved programs, grants and appropriations;
(13) The Secretary shall be the successor to the State Board of Health exercising the powers and duties granted the Board by Title 16 or § 7904 of this title, which are not inconsistent with the laws of this State;
(14) The Secretary is empowered to administer a state revolving loan program in accordance with requirements set forth in the Federal Safe Drinking Water Act [42 U.S.C. § 300f et seq.].
a. Delaware Safe Drinking Water Revolving Fund. — There is hereby established a “Delaware Safe Drinking Water Revolving Fund” as contemplated by and to be administered pursuant to the Federal Safe Drinking Water Act. All federal capitalization grants received pursuant to the Federal Safe Drinking Water Act, all required matching state funds, and all loan repayments received by the State pursuant to any loan agreement made under the Delaware Safe Drinking Water Revolving Fund shall be credited to the Delaware Safe Drinking Water Revolving Fund. In addition, all proceeds of obligations issued by the State and supported by a pledge or other interest in the funds in the Delaware Safe Drinking Water Revolving Fund shall be held in or for such fund. The Delaware Safe Drinking Water Revolving Fund shall be deemed to be a special fund and shall be approved by the Governor for the following purposes:
1. To accept and retain the funds and revenues specified herein;
2. To make loans to eligible persons for qualifying purposes under the Federal Safe Drinking Water Act;
3. To buy or refinance debt obligations of eligible persons for qualifying purposes under the Federal Safe Drinking Water Act;
4. To guarantee or purchase insurance for obligations of eligible persons for qualifying purposes under the Safe Drinking Water Act;
5. To be a source of revenue or security for the payment of principal and interest on revenue bonds of the State if the proceeds of the sale of such bonds will be deposited in the Delaware Safe Drinking Water Revolving Fund;
6. To earn interest on amounts on deposit in such fund;
7. To establish all necessary interest bearing accounts for deposit of loan repayments;
8. To finance the reasonable costs incurred by the State in the administration of the Delaware Safe Drinking Water Revolving Fund as permitted under the Federal Safe Drinking Water Act; and
9. To accomplish any other allowable purpose under the Federal Safe Drinking Water Act.
The Department is designated as the administering agency of the Delaware Safe Drinking Water Revolving Fund and shall have such power necessary to administer such fund including, but not limited to, the power to enter into capitalization grant agreements with the Environmental Protection Agency, the power to accept capitalization grant awards made under the Federal Safe Drinking Water Act and the power to make loans in accordance with the requirements of the Federal Safe Drinking Water Act, and Chapter 61 of this title, or any successor statute. The Department shall coordinate implementation of the Delaware Safe Drinking Water Revolving Fund with the Delaware Department of Natural Resources and Environmental Control which shall be responsible for financial administration of the loan portion of the Drinking Water State Revolving Fund. The Department shall take all actions necessary to secure for the State the benefits of the Federal Safe Drinking Water Act.
b. Standards and procedures. — Before making any loan from the Delaware Safe Drinking Water Revolving Fund, the Department shall specify:
1. Standards for the eligibility of borrowers and the type of projects to be financed with loans;
2. Procedures for the preparation, review and approval of the “project priority” list, which must contain those projects for which financial assistance is sought;
3. Procedures for submitting applications for financial assistance and procedures for Department approval of such applications;
4. Procedures for completing an environmental review of projects otherwise qualifying under this paragraph which shall be sufficiently consistent with the provisions for environmental review established under applicable state and federal requirements;
5. Conditions for financial assistance; and
6. Other relevant criteria, standards and procedures.
Standards and procedures specified under this paragraph shall provide for final recommendations by the Water Infrastructure Advisory Council of any loan from the Delaware Safe Drinking Water Revolving Fund and the “project priority” list as required by Chapter 61 of this title, or any successor statute.
Del. Code tit. 29, § 7904 Division of Public Health; Department of Health and Social Services.
(a) There is hereby established the Division of Public Health under the direction and control of the Secretary of the Department of Health and Social Services for the purpose of protecting and promoting the health of the people.
(b) “Core public health and preventive services” as used in this section are those activities that lay the groundwork for health communities. They are activities that protect people from diseases and injury. They include activities that:
(1) Prevent and control communicable disease epidemics;
(2) Promote healthy behaviors to control chronic disease;
(3) Monitor the health of the population through data analysis and epidemiological studies;
(4) Result in policies to promote the health of the public;
(5) Assure quality health services and systems for the population;
(6) Result in the setting of standards for the protection of the public’s health;
(7) Provide assistance during disasters;
(8) Assess environmental health risks; and
(9) Offer health protection strategies to environmental control agencies.
(c) The mission of the Division is to protect and promote the health of the people. The Division’s responsibilities include the following:
(1) Monitor and assess the health status of the population of the State.
(2) Use scientific knowledge as the basis to promote public policy to protect the health of the people.
(3) Perform duties and functions as may be necessary to assure the protection of the public’s health.
(d) The Division shall provide core public health and preventive services that include the following:
(1) Advocate for and facilitate a strong public health delivery system that assures all Delaware citizens have access to core public health and preventive services.
(2) Serve as the focal point in bringing together public and private entities to create public health objectives and strategies for Delaware.
(3) Facilitate and support community efforts, including the creation of public/private partnerships, for the prevention of disease and injury and the promotion of health.
(4) Monitor the health of the population through the collection and analysis of data on health status, including epidemiological and other studies of health problems.
(5) Develop and provide information on the prevention and control of health problems affecting the population, including environmentally-related illness, communicable disease, chronic disease, injury and such other problems as may affect the public’s health.
(e) The Secretary of the Department of Health and Social Services shall receive and disburse all funds available to the State from any source including, but not limited to, the United States Government, to be used for the benefit of the public health, unless the receipt and disbursal of such funds is otherwise provided by law.
(f) The Director of the Division shall be the State Health Officer and State Registrar of Vital Statistics and shall have the power to perform and shall be responsible for the performance of all of the powers, duties and functions as delegated to the Director by the Secretary of the Department of Health and Social Services.
(g) The Division is authorized to operate the following programs for which a fee for service is charged to cover the cost of the program: Child Health, Vanity Birth Certificate, Public Water, Medicaid Enhancements, Infant Mortality, Medicaid Aids Waiver, Children with Special Needs, Family Planning, Newborn, Indirect Costs, Vaccines, Food Inspection, Medicaid Contractors/Lab Testing and Analysis, Tuberculosis (TB), Sexually Transmitted Diseases (STD), Preschool Diagnostic and Development Nursery (PDDN), Home Visits, Food Permit, Water Operator Certification, Long-Term Care Prospective Payment, Long-Term Care IV Therapy, and Health Statistics. Notwithstanding the provisions of § 6102 of this title, the Division shall be allowed to collect and expend fees from the aforementioned accounts except that the Children with Special Needs and Child Health programs shall continue to deposit 30 percent of program collections to the General Fund.
Del. Code tit. 29, § 7905 Office of Women’s Health.
(a) The Office of Women’s Health is hereby established within the Division of Public Health, in the Department of Health and Social Services.
(b) For purposes of this section:
(1) “Department” means the Department of Health and Social Services.
(2) “Director” means the Director of the Office of Women’s Health.
(3) “Division Director” means the Director of the Division of Public Health.
(4) “Office” means the Office of Women’s Health.
(5) “Secretary” means the Secretary of the Department.
(c) The Office is established to address women’s health issues across the lifespan for the following purposes:
(1) To facilitate appropriate forums, programs or initiatives designed to educate the public regarding women’s health and health lifestyles.
(2) To assist the Division Director in identifying, coordinating and establishing priorities for programs, services and resources the State should provide for women’s health issues across the lifespan, including concerns relating to reproductive, menopausal and postmenopausal phases of a woman’s life.
(3) To serve as a resource for information regarding women’s health data, strategies, services and programs that address women’s health issues across the lifespan.
(4) To provide relevant research information and data conducted or compiled by the Department or other entities in collaboration with the Department.
(5) To seek funding from private or governmental entities to carry out the purposes of this chapter.
(6) To prepare materials for publication and dissemination to the public on women’s health.
(7) To conduct public educational forums in Delaware to raise public awareness and to educate citizens about women’s health programs, issues and services.
(8) To coordinate the activities and programs of the Office with other entities that focus on women’s health or women’s issues, including but not limited to other state agencies.
(d) The structure of the Office of Women’s Health will be determined by the Department, including all of the following:
(1) The Director of the Office.
(2) Other necessary employees.
Del. Code tit. 29, § 7905A Office of Women’s Health.
Transferred to § 7905 of this title.
Del. Code tit. 29, § 7906 Community services.
There are established within the Department of Health and Social Services the programs and functions of community services involving all of the powers, duties and functions heretofore performed within the former Department of Community Affairs pursuant to § 4 of Executive Order Number 123 dated December 29, 1982.
Del. Code tit. 29, § 7907 Delaware Residents’ Protection Commission.
(a) (1) There is established a Delaware Residents’ Protection Commission. The Commission’s purpose is to monitor the quality of care, quality of life, and safety provided to Delaware’s residents of monitored facilities in both privately-operated and state-operated facilities, and to ensure that the appropriate oversight agencies respond in a timely manner to complaints of abuse, neglect, mistreatment, financial exploitation, and other claims.
(2) As used in this chapter:
a. “Commission” means the Delaware Residents’ Protection Commission.
b. “Monitored facility” means, collectively, a nursing facility, as “nursing facility” is defined in § 1102 of Title 16; an assisted living facility, as “assisted living facility” is defined in § 1102 of Title 16; and a secured memory care unit, as “secured memory care unit” is defined in § 1102 of Title 16.
c. “Secretary” means the Secretary of the Department of Health and Social Services.
(b) The Commission is staffed by an Executive Director and supporting staff, who are responsible for ensuring that the Commission fulfills its purpose. The Executive Director may speak on behalf of the Commission, consistent with the Commission’s purpose.
(c) The Commission consists of the following members:
(1) One member appointed by the Speaker of the House of Representatives.
(2) One member appointed by the President Pro Tempore of the Senate.
(3) Six members serving by virtue of position, or a designee appointed by the member, as follows:
a. The Attorney General.
b. The Executive Director of the Community Legal Aid Society, Inc.
c. The Executive Director of the Delaware Health Care Facilities Association.
d. The Executive Director of the Delaware Healthcare Association.
e. The President of LeadingAge New Jersey/Delaware.
f. The Director of State Government Affairs, Delaware, of the Alzheimer’s Association, Delaware Valley Chapter.
(4) Seven members appointed by the Governor as follows:
a. One member who is a resident or a family member of a resident of a monitored facility.
b. Three members, 1 from each county, who work or have worked in a monitored facility.
c. One member who is a health-care professional.
d. Two members who are each an advocate for individuals with disabilities, the elderly, or both.
(d) A member who may select a designee must select the designee only from that member’s organization, to serve in the member’s stead and at the member’s pleasure. The member must provide the designation to the Chair in writing. A designee has the same duties and rights as the member the designee represents.
(e) Membership on the Commission must be geographically distributed so that there are members from each of the 3 counties.
(f) (1) The members that the Speaker and the President Pro Tempore appoint serve at the pleasure of their appointing authorities.
(2) The term of a member that the Governor appoints is 3 years; however, the Governor may appoint 1 or more members under paragraph (c)(4) of this section for a term of less than 3 years to ensure that terms are staggered.
(3) A member who is absent from 3 consecutive commission meetings or 4 out of 12 consecutive meetings is deemed to have resigned, and the member’s appointing authority may accept the member’s resignation.
(g) The members of the Commission shall elect a Chair.
(h) A majority of members must be present at a commission meeting in order to have quorum and conduct official business. A vacant position is not counted for purposes of quorum. A motion by the Commission is approved upon the affirmative vote of a majority of members who are present at the meeting.
(i) The Commission may adopt rules and bylaws necessary for its operation.
(j) The Commission, as operated within the limitation of the annual appropriation and any other funds the General Assembly appropriates, provides staff for the Commission. The Commission may seek grant funding to provide staff for the Commission and support the Commission’s purpose.
(k) The Department of Justice shall provide legal advice to the Commission.
( l ) The Commission shall meet, at a minimum, on a quarterly basis. The Commission may hold a virtual meeting under Chapter 100 of Title 29 (Freedom of Information Act), except that, for purposes of a commission meeting, “anchor location” means a physical location within the geographical jurisdiction of the Commission that is open to the public and at which 1 or more commission members or a member of the Commission’s staff is present.
(m) The Commission’s duties include all of the following:
(1) Examining policies and procedures and evaluating the effectiveness of the quality assurance and improvement system for residents of monitored facilities, including the respective roles of the Department of Health and Social Services, the Department of Justice and law-enforcement agencies, health-care professionals, and monitored facility providers.
(2) Monitoring data and analyzing trends in the quality of care, quality of life, and the safety of residents of monitored facilities.
(3) Reviewing and making recommendations to the Governor, Secretary, and the General Assembly concerning the quality assurance and improvement system and improvements to the overall quality of life, quality of care, and safety of residents of monitored facilities.
(4) Protecting the privacy of residents of monitored facilities, including complying with the guidelines for confidentiality of records that the Division of Health Care Quality establishes.
(5) Promoting coordination among programs and services established for or related to monitored facilities.
(6) Providing education and recommending policies aimed at improving the quality of care, quality of life, and safety of residents of monitored facilities.
(n) Subcommittees. —
The Commission may form subcommittees as necessary to carry out the Commission’s work.
(1) The Commission and its subcommittees may hear testimony and gather information and advice from non-commission members.
(2) A subcommittee may act on behalf of the Commission, consistent with the Commission’s purpose.
(o) The Commission shall prepare and publish an annual report to the Governor, Secretary, the General Assembly, and the Director and the Librarian of the Division of Legislative Services. The annual report must include at least all of the following:
(1) Aggregate data with analysis and monitoring of trends in the quality of care, quality of life, and safety of residents of monitored facilities.
(2) Findings and recommendations from each monitored facility visit.
(3) A summary of each recommendation and correspondence made to the Department of Health and Social Services, the Governor, the General Assembly, and other stakeholder organizations. The correspondence must be redacted to remove information that is not deemed a public record under § 10002 of this title.
(4) Summary of the Commission’s review of relevant legislation, including the Commission’s position on legislation and regulations affecting residents of monitored facilities.
(5) Advocacy efforts and goals for the upcoming year.
(6) Summary of the Executive Director’s duties, including the percentage of time devoted to each duty.
(p) Members of the Commission serve without compensation. However, members may be reimbursed for reasonable and necessary expenses incident to their duties as members of the Commission.
Del. Code tit. 29, § 7908 Division of Substance Abuse and Mental Health.
(a) As used in this section:
(1) “Behavioral health condition” means as defined in § 5601 of Title 16.
(2) “Behavioral health treatment program” or “program” means as defined in § 5601 of Title 16.
(3) “Behavioral health treatment provider organization” or “provider organization” means as defined in § 5601 of Title 16.
(4) “Department” means the Department of Health and Social Services.
(5) “Director” means the Director of the Division.
(6) “Division” means the Division of Substance Abuse and Mental Health.
(b) The Division is established within the Department under the direction and control of the Secretary of the Department. The Director shall have the power to perform and shall be responsible for the performance of all the powers, duties, and functions as delegated to the Director by the Secretary.
(c) The Division shall provide for and oversee the prevention of behavioral health conditions and the care, treatment, and recovery of adults with behavioral health conditions.
(d) The Division shall do all of the following:
(1) Plan for, adopt or establish, implement, revise, and enforce program standards.
(2) License provider organizations to operate programs.
(3) Inspect, investigate, and monitor provider organizations to ensure compliance and quality.
(4) Receive and investigate complaints, grievances, and incident reports related to provider organizations and programs.
(5) Provide and facilitate education, research, and training related to behavioral health conditions.
(6) Establish, operate, and maintain the Delaware Psychiatric Center and a forensic psychiatric unit within the Center.
(7) Administer or supervise the administration of provisions in a federal grant related to individuals with behavioral health conditions.
(e) The Division may do any of the following:
(1) Make contracts necessary or incidental to the Division’s duties or the exercise of the Division’s powers.
(2) Solicit, accept, and use money, property, or services, regardless of the source.
(3) Acquire, hold, or dispose of real property, and construct, lease, or otherwise provide real property necessary or incidental to the Division’s duties or the exercise of the Division’s powers.
(4) Coordinate with other divisions within the Department of Health and Social Services and with the courts, the Department of Correction, the Department of Justice, the Department of Safety and Homeland Security, and the Department of Services for Children, Youth and Their Families to address systemic public behavioral health needs.
(5) Take action to execute the authority expressly granted to the Division.
(6) Promulgate rules and regulations to implement this section.
Del. Code tit. 29, § 7908B Division of Substance Abuse and Mental Health.
When a law-enforcement officer contacts Crisis Intervention Services or suspects an individual is experiencing an overdose or a suicide attempt, the law-enforcement officer may disclose the individual’s identifying information and a brief event synopsis to the Division of Substance Abuse and Mental Health to connect the individual to behavioral health treatment services.
Del. Code tit. 29, § 7909 Behavioral Health Planning and Advisory Council.
(a) The Advisory Council to the Division of Substance Abuse and Mental Health is hereby dissolved and reestablished as the Behavioral Health Planning and Advisory Council (“Council”) to assume the functions of the Advisory Council to the Division of Substance Abuse and Mental Health and to administer and implement this chapter, and to perform such other responsibilities as may be entrusted to it by law.
(b) The Council shall do all of the following:
(1) Review plans provided by the Division pursuant to Title XIX of the Public Health Service Act (42 U.S.C. § 300x-4(a)) to the Council and submit to the Division any recommendations of the Council for modifications to the plans.
(2) Serve as an advocate for adults and children with serious mental illness, children with a severe emotional disturbance, and other individuals with mental illnesses or emotional problems.
(3) Monitor, review, and evaluate, not less than once each year, the allocation and adequacy of mental health services within the State.
(c) The Council may study, research, plan, and advise the Governor, General Assembly, Secretary, and Director on matters related to behavioral health as it deems appropriate.
(d) The Council shall be comprised of 17 members as follows:
(1) The following individuals serve by virtue of position who may appoint a designee:
a. Director of the Division of Substance Abuse and Mental Health.
b. Secretary of the Department of Education.
c. Director of the Division of Vocational Rehabilitation.
d. Secretary of the Department of Safety and Homeland Security.
e. Director of the Delaware State Housing Authority.
f. Director of the Division of Social Services.
g. Director of the Division of Prevention and Behavioral Health Services.
(2) The following shall be appointed by the Governor:
a. A licensed medical provider of mental health services.
b. 9 individuals who are not employees of the State or providers of mental health care, as follows:
1. Two individuals with severe mental illness who are receiving, or have received, mental health services.
2. Two individuals with a substance use disorder who are receiving, or have received, mental health services.
3. A family member of an individual in recovery.
4. Three parents or guardians of children with a substance use disorder or serious emotional disturbance.
5. An individual who advocates on behalf of those with behavioral health issues.
(e) Members appointed by the Governor shall serve for a term of up to 3 years. The terms of no more than 3 members shall expire in the same year.
(f) The Director of the Division of Substance Abuse and Mental Health shall serve as the temporary chair, and shall set the date, time, and place for the initial organizational meeting where the members of the Council shall elect a Chair and Vice-Chair from among the members. The Vice-Chair’s duty shall be to act as Chair in the absence of the Chair.
(g) The Council may adopt bylaws for operating procedures including the election of officers, the conducting of meetings, and other matters to promote the efficient operation of the Council in the performance of its duties under this section.
(h) Members of the Council shall serve without compensation; however, members may be reimbursed for reasonable and necessary expenses incidental to their duties as members of the Council.
(i) A majority of the membership of the Council shall constitute a quorum. A vacant position is not counted for quorum purposes.
(j) Administrative support for the Council shall be provided by the Division of Substance Abuse and Mental Health.
(k) The Council is a “public body,’' as defined in and for the purposes of the Freedom of Information Act, Chapter 100 of Title 29.
( l ) The Council is designated as Delaware’s State Mental Health Planning Council under Title XIX of the Public Health Service Act (42 U.S.C. § 300x).
Del. Code tit. 29, § 7909A Division of Developmental Disabilities Services.
(a) There is hereby established the Division of Developmental Disabilities Services under the direction and control of the Secretary of the Department of Health and Social Services.
(b) The mission of the Division of Developmental Disabilities Services is to provide services and supports to individuals with developmental disabilities and their families, to enable them to make informed choices that lead to an improved quality of life and meaningful participation in their communities.
(c) The Division of Developmental Disabilities Services has the following powers and duties:
(1) Provide case management and community-based services including family supports, advocacy, respite, residential setting options, nurse and behavioral consultation, day services, and supported employment services to assist individuals achieve their goals.
(2) Submit an annual report relating to the Division’s services to the Secretary, the Governor, the General Assembly, and the Director and Librarian of the Division of Legislative Services. The report must include information related to at least all of the following:
a. Service system size and growth to include both individuals receiving services and agencies providing services.
b. Service utilization.
c. Observed gaps in or challenges to the service system.
(3) [Repealed.]
(4) Provide intermediate care facility residential services.
(d) The Division of Developmental Disabilities Services shall ensure the investigation of complaints of abuse, neglect, mistreatment, and financial exploitation. An investigation may be in coordination with the Attorney General’s Office, law enforcement, or other appropriate agencies.
(e) The Division of Developmental Disabilities Services may promulgate rules and regulations to implement this statute.
(f) It is the intent of the General Assembly for the Division of Developmental Disabilities Services (DDDS) to phase in increases to the rate system for services to adults with intellectual and developmental disabilities (I/DD) based on the market study provided to the Office of Management and Budget and the Controller General on January 17, 2014, by the Department of Health and Social Services Secretary, as subsequently updated with utilization data for fiscal year 2018 and updated component percentages. Subject to available funding, these rates shall be phased in to 100% of the benchmarked levels established.
Del. Code tit. 29, § 7910 Advisory Council to the Division of Developmental Disabilities Services.
(a) There is established the Advisory Council to the Division of Developmental Disabilities Services.
(b) The Advisory Council to the Division of Developmental Disabilities Services serves in an advisory capacity to the Director of the Division of Developmental Disabilities Services, to consider matters relating to individuals diagnosed with intellectual disabilities or specific developmental disabilities in this State and other matters that the Governor, Secretary of the Department, or Director of the Division of Developmental Disabilities Services may refer to it. The Council may study, research, plan, and advise the Director, the Secretary, and the Governor on matters it deems appropriate to enable the Division to function in the best possible manner.
(c) The Advisory Council to the Division of Developmental Disabilities Services is composed of 17 members who are appointed by the Governor. Membership is comprised as follows:
(1) Seven members who represent families, service recipients, and self-advocates in the developmental disabilities community and currently receive services from the Division of Developmental Disabilities Services. An Advisory Council member appointed to represent a family member who received services may continue to serve the appointed term if the family member dies before the term expires.
(2) Five members who represent a cross section of service providers in the developmental disabilities community and currently operate in the Division of Developmental Disabilities Services system, including from any of the following:
a. Residential service providers.
b. Day habilitation service providers.
c. Employment service providers.
d. Clinical service providers.
e. Behavioral or mental health service providers.
(3) Five members who are professional advocates representing individuals with disabilities and represent each of the following:
a. Delaware Developmental Disabilities Council.
b. State Council for Persons with Disabilities.
c. Disabilities Law Program at Delaware Community Legal Aid Society, Inc.
d. The Arc of Delaware.
e. Center for Disabilities Studies at University of Delaware.
(d) [Repealed.]
(e) Members of the Council receive no compensation, but may be reimbursed for reasonable and necessary expenses incident to their duties as members of the Council.
(f) The Council shall annually elect a chair from among its members. The chair or vice chair must be an individual with a developmental disability.
(g) The Governor may appoint a member for a term of up to 3 years to ensure that no more than 3 members’ terms expire in a year.
(h) The number of members who must be present at a Council meeting in order to have a quorum and conduct official business is a majority of the appointed members. Counting for quorum does not include member positions that are vacant.
(i) The Governor may remove a member for gross inefficiency, misfeasance, nonfeasance, malfeasance, or neglect of duty in office. A member is deemed in neglect of duty if the member is absent from 3 consecutive, regular Council meetings or attends less than 50% of Council meetings in a calendar year. The Governor may consider the member to have resigned, and may accept the member’s resignation.
Del. Code tit. 29, § 7911 Division of Social Services.
The Division of Social Services is established having the power to perform and shall be responsible for the performance of all the powers, duties and functions heretofore vested in the Department of Public Welfare and the Board of Welfare, pursuant to Chapter 1, subchapters I, III, IV, and VI of Chapter 3, and Chapters 5, 9, and 11 of Title 31.
Del. Code tit. 29, § 7912 Council on Family Services.
(a) There is established the Council on Family Services.
(b) [Repealed.]
(c) The Council on Family Services shall be composed of 7 members who shall be appointed for 3-year terms by the Governor.
(d) At least 3, but no more than 4, members of the Council shall be affiliated with 1 of the major political parties and at least 2, but no more than 3, of the newly appointed members shall be affiliated with the other major political party; provided, however, that there shall be no more than a bare majority representation of 1 major political party over the other major political party. Any person who declines to announce such person’s political affiliation shall also be eligible for appointment as a member of the Council.
(e) Members of the Council shall serve without compensation, except that they may be reimbursed for reasonable and necessary expenses incident to their duties as members of the Council.
(f) A Chairperson of the Council shall be chosen by the members of the Council from among its members and shall serve in that capacity for a term of 1 year and shall be eligible for reelection.
(g) Any replacement appointment to the Council to fill a vacancy prior to the expiration of a term shall be filled for the remainder of the term.
Del. Code tit. 29, § 7913 Council on the Blind.
(a) The Council on the Blind is established.
(b) The Council on the Blind (“Council”) serves in an advisory capacity to the Director of the Division for the Visually Impaired and considers matters relating to the supervision of the training of a “person with blindness” or “person with visual impairment,” as defined in § 2101 of Title 31, and other matters that the Governor, the Secretary of the Department, or the Director may refer to it. The Council may study, research, plan, or advise the Director, Secretary, or Governor on matters it deems appropriate to enable the Division to function in the best possible manner.
(c) The Council is comprised of 7 members who are appointed by the Governor.
(d) [Repealed.]
(e) A council member does not receive compensation but may be reimbursed for the member’s actual and necessary expenses incurred in the performance of the member’s official duties.
(f) The Council shall annually elect a chair from among its members. A chair is eligible for reelection.
(g) Each council member is appointed for a term of 3 years. Each term of office expires on the date specified in the appointment; however, a member remains eligible to participate in council proceedings until the Governor replaces that member. The Governor may appoint a member for a term of less than 3 years to ensure that members’ terms expire on a staggered basis.
(h) The number of members who must be present at a council meeting in order to have quorum and conduct official business is a majority of appointed members. Counting for quorum does not include member positions that are vacant.
(i) The Governor may remove a member for gross inefficiency, misfeasance, malfeasance, or neglect of duty in office. A member is deemed in neglect of duty if the member is absent from 3 consecutive, regular council meetings or attends less than 50% of council meetings in a calendar year. The Governor may consider the member to have resigned and may accept the member’s resignation.
Del. Code tit. 29, § 7914 Volunteer services.
There are established within the Department of Health and Social Services the programs and functions of volunteer services involving all of the powers, duties and functions heretofore performed within the Division of Volunteer Services of the Department of Community Affairs pursuant to former § 8629 [repealed] of Title 29, as follows, which shall be performed by the Director, or the Director’s duly authorized designee, with the approval of the Secretary:
(1) Encourage and enable persons from all walks of life and from all age groups to perform constructive volunteer services;
(2) Establish methods for supporting and promoting private sector leadership and responsibility for meeting public needs;
(3) Promote communication and collaboration between public and private volunteer programs in the State and between the State and the private sector’s initiatives in meeting human needs;
(4) Develop, implement and maintain a volunteer clearing house to disseminate information on volunteer opportunities in the State;
(5) Develop strategies for more effective contributions of time, talent and resources for community projects by businesses, foundations, religious and civic groups and others;
(6) Collect, maintain and share information on private initiatives, community, partnerships and creative solutions undertaken by businesses, foundations, voluntary organizations, religious institutions and other private sector groups in the State, in order to promote their broader use;
(7) Provide, or arrange for training and technical assistance to public and private organizations engaged in volunteer recruitment and programming;
(8) Develop, implement and maintain a State plan for public recognition and support of individual volunteer efforts and successful or promising private sector initiatives and public/private partnerships which address community needs;
(9) Identify obstacles to private sector initiatives and citizen participation and develop resources and systems which not only eliminate such obstacles but which also provide new incentives to encourage citizens and the private sector to volunteer and/or undertake new community service initiatives;
(10) Directly administer those statewide volunteer programs which are currently administered within the Department of Health and Social Services and any other such volunteer program which may subsequently be assigned to this Department by the Governor or the General Assembly;
(11) Serve as the State’s liaison to the Federal ACTION Agency and to other appropriate national and state organizations which relate to this section; and
(12) Assume such other powers, duties and functions as the Secretary may assign which are in keeping with this section and not otherwise inconsistent with the law.
Del. Code tit. 29, § 7914A The Governor’s Commission on Community and Volunteer Services.
(a) Establishment and purpose. —
The Governor’s Commission on Community and Volunteer Services (“Commission”) is established and serves in an advisory capacity to the Administrator of the State Office of Volunteerism (“Administrator”). The purpose of the Commission is to enrich lives and communities in Delaware by advocating service and volunteerism.
(b) Duties. —
(1) The Commission shall consider matters relating to volunteer services in this State and any other matter that the Governor, the Secretary of the Department of Health and Social Services (“Secretary”), the Director of the Division of State Service Centers (“Director”), or the Administrator of the State Office of Volunteerism (“Administrator”) may refer to it.
(2) The Commission shall perform the duties required of state commissions on national and community service under the National and Community Service Act of 1990, as amended (42 U.S.C. § 12638(e)).
(3) The Commission may study, research, plan, and advise the Governor, Secretary, Director, and Administrator on matters the Commission deems appropriate to enable the State Office of Volunteerism to function in the best possible manner.
(c) Commission members. —
The Commission is composed of 15 to 25 voting members, as follows:
(1) Required members. —
Not less than 10 nor more than 22 individuals representing the broad diversity of this State, including members from the public sector, the private nonprofit sector, and the business community. The Governor appoints each member under this paragraph (c)(1), except for the Secretary of the Department of Education, who is a member by virtue of position. At least 10 of the members under this paragraph (c)(1) must meet the requirements of 42 U.S.C. § 12638(c)(1) and (2) of the National and Community Service Act of 1990, as amended, as follows:
a. An individual with expertise in the educational, training, and development needs of youth, particularly disadvantaged youth.
b. An individual with experience in promoting the involvement of older adults in service and volunteerism.
c. A representative of community-based agencies or community-based organizations within this State.
d. The Secretary of the Department of Education, who serves by virtue of position.
e. A representative of local governments in this State.
f. A representative of local labor organizations in this State.
g. A representative of business.
h. An individual between the ages of 16 and 25 years who is a participant or supervisor in a program.
i. A representative of a national service program described in 42 U.S.C. § 12572(a), (b), or (c).
j. A representative of the volunteer sector.
(2) Sources of other voting members. —
The Governor shall appoint 1 representative each from up to 3 committees that serves in an advisory capacity to a volunteer program that the State Office of Volunteerism directly administers. When possible, appointments under this paragraph (c)(2) should be made from any of the following sources:
a. Local educators.
b. Experts in the delivery of human, educational, environmental, or public safety services to communities or individuals.
c. Native American tribes.
d. Out-of-school youth or other at-risk youth.
e. Entities that receive assistance under the Domestic Volunteer Service Act (42 U.S.C. § 4950 et seq.).
(3) The Commission’s Executive Director is a nonvoting member and serves by virtue of position.
(d) Governor appointments. —
A member that the Governor appoints serves for a period of 3 years. Each term of office expires on the date specified in the appointment; however, a member remains eligible to participate in Commission proceedings until the Governor replaces that member. The Governor may appoint a member for a term of less than 3 years to ensure that the members’ terms expire on a staggered basis. The Governor shall fill a vacancy on the Commission for the balance of the unexpired term. A member is eligible for reappointment to no more than 2 additional consecutive terms.
(e) A Commission member receives no compensation but may be reimbursed for the member’s actual and necessary expenses incurred in the performance of the member’s official duties.
(f) The Commission shall elect a chair from among its members. A member may serve as chair for a term of 1 year and is eligible for reelection as chair not more than 2 additional consecutive terms.
(g) The Governor may remove a Governor-appointed Commission member for gross inefficiency, misfeasance, nonfeasance, malfeasance, or neglect of duty in office. A member is deemed in neglect of duty if the member has an unexcused absence from either 3 consecutive meetings or 4 out of 12 consecutive meetings. The Governor may consider the member to have resigned and may accept the member’s resignation.
(h) Quorum. —
The number of members who must be present at a Commission meeting in order to have a quorum and conduct official business is the majority of members. A vacancy on the Commission is not counted for quorum.
(i) Staffing. —
The State Office of Volunteerism of the Division of State Service Centers shall provide reasonable staff support to assist the Commission in performing its duties under this section.
(j) Executive Director. —
The Administrator serves as the Commission’s Executive Director. The Executive Director is responsible for the active direction and management of the Commission’s business and affairs.
(1) The Executive Director’s duties include all of the following:
a. Preparing each federal or state application, funding report, or reporting document.
b. Supervising Commission staff.
c. Providing staff support to each Commission committee.
d. Serving as liaison to each Commission-funded program.
e. Monitoring grantee compliance and progress.
f. Other duties as the Commission may assign to the Executive Director.
(2) The Executive Director may represent the Commission and manage the Commission’s day-to-day business.
(3) The Executive Director may delegate the Executive Director’s duties to other Commission staff.
(4) Commission members shall participate in the selection process for hiring the Executive Director.
Del. Code tit. 29, § 7915 Council on Services for Aging and Adults with Physical Disabilities.
(a) The Council for Services for Aging and Adults with Physical Disabilities (“Council”) serves in an advisory capacity to the Director of the Division of Services for Aging and Adults with Physical Disabilities (“DSAAPD”) and considers matters relating to the coordination and effectiveness of programs and services for older Delawareans and adults with physical disabilities, and other matters as may be referred to it by the Governor, the Secretary of the Department, or the Director.
(b) The Council consists of at least 15 members appointed by the Governor. The Governor shall appoint members for terms of up to 3 years. Members’ terms must be staggered so that the terms of no more than 7 members expire in 1 year. The Council is composed of the following:
(1) More than 50% of older persons, meaning persons aged 60 years or more, including minority individuals.
(2) Representatives of older persons, such as a caregiver of an aging or elderly person or a caregiver of an adult with a physical disability.
(3) Representatives of health-care provider organizations, including providers of veterans’ health care, if appropriate.
(4) Representatives of supportive service provider organizations.
(5) Persons with leadership experience in the private and voluntary sectors.
(6) Local elected officials.
(7) The general public.
(8) Two members, each being from a public or nonprofit agency that provides services to “alleged victims” as defined in § 3902 of Title 31.
(9) An “adult with a physical disability,” or a caregiver of an “adult with a physical disability,” as defined in § 7920 of this title.
(10) Family caregivers, which may include older relative caregivers.
(11) As available:
a. Representatives from Indian tribes, pueblos, or tribal aging programs.
b. Older relative caregivers, including kin and grandparent caregivers of children or adults age 18 through 59 with a disability.
(c) Conflict of interest policy. —
In accordance with 45 C.F.R. §§ 1321.47 and 1321.63, members representing service providers may serve on the Council, but the appointed individual must not have any personal or financial interest and may not receive funding from DSAAPD. The Division shall adopt, amend, or repeal regulations to mitigate potential conflicts of interest to ensure compliance with federal requirements. For purposes of this section, the term “personal interest” includes the meanings set forth in § 5805 of this title and under applicable federal law and the term “financial interest” includes the meanings set forth in § 5804 of this title and under applicable federal law.
(d) [Repealed.]
(e) A Council member serves without compensation, except for reimbursement for reasonable and necessary expenses incident to duties as a member of the Council.
(f) Council members shall elect a chair for a 2-year term from among its members, with the chair alternating each term between a representative of the aging community and a representative of adults with physical disabilities. A chair may serve 2 nonconsecutive terms.
(g) An appointment to the Council to fill a vacancy prior to the expiration of a term shall fill the remainder of the term.
(h) The Council chair shall discharge a member who is absent from more than 3 consecutive meetings, unless excused by the Council.
(i) The Council may establish subcommittees and make appointments to the subcommittees with the approval of all members of the Council.
(j) A quorum of the Council is a majority of the council members.
(k) A Council decision relative to policy and budget must be made by a majority of the members present at a meeting that has a quorum. The Division of Services for Aging and Adults with Physical Disabilities shall provide staff assistance to Council and Council’s subcommittees.
Del. Code tit. 29, § 7915A Appointments to advisory commissions, boards and committees involved with the elderly.
The Governor, when making appointments to any advisory commission, board or committee, created by this chapter, which does or may have jurisdiction over or advisory status with state assisted activities for the elderly, shall appoint at least 1 senior citizen. For the purpose of this section a senior citizen shall be a person who was 62 years of age or more on his or her last birthday.
Del. Code tit. 29, § 7916 Bureau of Health Equity.
(a) For purposes of this section:
(1) “Health disparity” means a preventable difference between 2 or more groups of people in the quality of health or health care based on all of the following:
a. A shared characteristic of the individuals within each group, such as race, ethnicity, or socioeconomic status.
b. The differences between the groups regarding access to health care or burdens, prevalence, or incidence of disease or violence.
(2) “Health equity” means the absence of systematic health disparities or disparities in the major social determinants of health between groups of people with different levels of underlying social advantage or disadvantage such as, wealth, power, or prestige.
(3) “Social determinants of health” mean conditions in the environments in which people are born, live, learn, work, play, worship, and age that affect a wide range of health, functioning, and quality-of-life outcomes and risks.
(b) The Bureau of Health Equity (BHE) is established within the Division of Public Health (DPH), in the Department of Health and Social Services and includes all of the following:
(1) The Office of Minority Health.
(2) The Office of Women’s Health.
(c) The purpose of the BHE is to ensure that everyone in Delaware will achieve their full health potential by promoting conditions that are vital for health and well-being, eliminating health disparities, particularly among all racial and ethnic minority groups. The BHE works with communities to address social determinants of health, focusing on prevention, health, and wellness of the broader population instead of treatment focused on individuals.
(d) The BHE shall do all of the following:
(1) Provide relevant statistical data to assess and identify the health status of groups of people with shared characteristics.
(2) Increase awareness of major health problems and factors that influence health.
(3) In collaboration with other DPH programs, identify needs and expand community-based health promotion and disease prevention outreach efforts, including working with communities to build capacity to meet the health needs in disease prevention, education, and health promotion.
(4) Establish and strengthen networks, coalitions, and partnerships to identify and address health problems, including identifying and supporting assets within Delaware’s public health system to close the gap of health disparities.
(5) Collaborate with public health partners to develop and promote programs and best practices to achieve health equity, including all of the following:
a. The Primary Care Reform Collaborative of the Delaware Health Care Commission.
b. The Office of Value-Based Health Care Delivery in the Department of Insurance.
Del. Code tit. 29, § 7917 Delaware Emergency Medical Service Advisory Council [Transferred].
Transferred.
Del. Code tit. 29, § 7918 Drug Control Coordinator; duties; powers [Repealed].
Del. Code tit. 29, § 7919 Division of State Service Centers.
(a) There is hereby established the Division of State Service Centers under the direction and control of the Secretary of the Department of Health and Social Services.
(b) The Division of State Service Centers shall be responsible for the operation of Service Centers throughout the State as the General Assembly from time to time may provide for.
(c) The Division of State Service Centers shall coordinate the delivery of services and programs of various divisions within the Department of Health and Social Services, other State agencies, and nonprofit providers who are co-located in State Service Centers.
(d) The Division of State Service Centers shall report from time to time to the Secretary of the Department of Health and Social Services concerning the effectiveness of delivery of services by State Service Centers.
(e) The mission of the Division of State Service Centers is to alleviate crises, to foster self-sufficiency for vulnerable families, to provide volunteer and community service opportunities for all Delawareans and to address the causes and conditions of poverty.
(f) The Division of State Service Centers shall operate the State Office of Volunteerism, the Office of Community Services and the Office of Family Support.
(g) The Division of State Service Centers shall serve as a safety net for Delawareans by facilitating individual and community partnerships for the delivery of human services, and by advocating for vulnerable families.
(h) The Division of State Service Centers shall have the power to promulgate rules and regulations to implement this section.
(i) The Division of State Service Centers is authorized to solicit and accept contributions, grants, gifts and bequests from organizations including, but not limited to, private foundations or alliances, non-public agencies, institutions, organizations or businesses. All funds generated shall be retained by the Division of State Service Centers in order to defray costs associated with the volunteer and community service activities and events of the Division of State Service Centers. Funds received will not be used for employee salaries or benefits. All funds received are subject to audit by the Department of Health and Social Services and the Office of Management and Budget, and employees of the Division of State Service Centers are bound by § 5806 of this title when engaging in fundraising activities.
(j) All employees of Family Visitation Centers operated by the Division, either directly or through contractual agreement, shall be certified as to whether:
(1) The individual is named in the Central Register as the perpetrator of a reported case of child abuse. Costs associated with obtaining the Child Abuse Registry information shall be borne by the State.
(2) The individual has cleared state and federal criminal history background checks. Costs associated with obtaining the criminal history information shall be borne by the State for state employees.
The Division shall develop policies concerning the conditions of employment related to both Child Abuse Registry checks and criminal history background checks.
Del. Code tit. 29, § 7919A Advisory Council on State Service Centers [Repealed].
Repealed by 77 Del. Laws, c. 106, § 9, effective July 6, 2009.
Del. Code tit. 29, § 7920 Division of Services for Aging and Adults with Physical Disabilities.
(a) There is hereby established the Division of Services for Aging and Adults with Physical Disabilities within the Department of Health and Social Services.
(b) Definitions. — (1) As used in this section, “adults with physical disabilities” shall include persons who are age 18 or older; whose physical condition is anticipated to last 12 months or more; whose physical condition affects their ability to live independently; and who need ongoing assistance with daily living. Persons receiving primary case management services from other state agencies, if eligible, may receive services from the Division of Services for Aging and Adults with Physical Disabilities. Persons who have an assigned case manager from another state agency shall retain that case manager as a primary.
(2) As used in this section, “aging or elderly persons” shall have the same meaning as older and eligible individuals as defined in the Older Americans Act, 42 U.S.C. § 3001 et seq.
(c) The objective of the Division of Services for Aging and Adults with Physical Disabilities is to improve or maintain the quality of life for residents of Delaware at least 18 years of age with physical disabilities, or who are elderly. The Division is committed to the development and delivery of consumer-driven services. As such, these services will maximize independence through individual choice in the least restrictive environment possible, enable adults with physical disabilities and those who are elderly to continue living active and productive lives, and protect those who may be vulnerable and at risk.
(d) The Division shall have the following duties and functions:
(1) Serve as the focal point for the assessment, planning and development of service delivery systems designed to meet the needs of adults with physical disabilities and those who are elderly;
(2) Serve as an advocate for the needs of the elderly and adults with physical disabilities by supporting the individual, family and others who serve as the individual’s support system through the provision and coordination of services designed to maximize independent living in the least restrictive manner possible;
(3) Provide information and training to those in the private and public sectors to increase awareness and encourage development of systems and services critical to improving the quality of life for the aging and adults with physical disabilities;
(4) Facilitate a strong service delivery system through promoting the creation of public/private partnerships which shall serve to develop, combine and maximize appropriate resources;
(5) Receive and disburse all funds available to the State from any source, including but not limited to the United States Government, to be used for the benefit of the aging and adults with physical disabilities, unless the receipt and disbursal of such funds is otherwise provided by law;
(6) Carry out a formal evaluation of the program to include, but not be limited to, organization, services, coordination, customer satisfaction, training and the role of the Advisory Council and its subcommittees after 2 years of operation, and report to the Secretary, the General Assembly and the Governor. In addition, the Division shall annually prepare a report on service requests, requests fulfilled, requests that could not be met and why and observed gaps in service delivery for the Secretary and the General Assembly; and
(7) The Division is authorized to solicit and accept contributions, grants, gifts, and bequests from individuals and/or organizations including, but not limited to, private foundations or alliances, nonpublic agencies, institutions, organizations, or businesses. All funds generated shall be retained by the Division in order to defray costs associated with the volunteer and community service activities and events of the Division. Funds received will not be used for employee salaries or benefits. All funds received are subject to audit by the Department of Health and Social Services and the Delaware Office of Management and Budget, and the employees of the Division are bound by § 5806 of this title when engaging in fundraising activities.
Del. Code tit. 29, § 7920A Division of Services for Aging and Adults with Physical Disabilities; Money Management Program.
(a) Definitions. — As used in this section, unless the context clearly indicates a different meaning:
(1) “Bill payer” shall mean a person appointed by the Division to provide 1 or more of those services set forth below for a low-income individual who is able to make responsible decisions about financial matters, but who needs assistance for any of the following:
a. Paying bills each month and keeping records;
b. Establishing a budget;
c. Opening, organizing and sending mail;
d. Check writing and balancing checkbook amounts;
e. Obtaining needed assistance from appropriate governmental agencies.
(2) “Representative payee” shall mean a person appointed by the United States Social Security Administration, the United States Office of Personnel Management, the United States Department of Veterans Affairs or the United States Railroad Retirement Board to provide 1 or more of the following financial management services, without compensation, in order to assist an individual who is receiving government benefits but who is determined by the benefit-granting agency to be incapable of making certain financial decisions. The representative payee has responsibility for:
a. Allocating government benefits received by the individual in such individual’s best interests, and providing for such individual’s necessities, including but not limited to food, shelter and medical care;
b. Keeping an accurate record of the individual’s financial transactions;
c. Maintaining responsibility and control over the individual’s benefits, and signing all checks for expenditures from such government benefits; and
d. Referring the individual to other agencies if the individual needs additional assistance.
(b) Money Management Program. — (1) The Division may establish a Money Management Program to assist any low-income individual who is not able to manage such person’s financial matters where there are no friends or relatives to assist such person in the management of financial affairs.
(2) The Division may administer the statewide Money Management Program; may provide such staff and other support for the program as its budget shall permit; and may, in accordance with the Division’s rules and regulations, establish and direct an advisory council. The Division may negotiate bank services for the program.
(3) The Division shall have authority to monitor each bill payer and representative payee; may audit any transaction of any bill payer and any representative payee; and may review any or all bank statements or cancelled checks for any account managed by a representative payee or bill payor.
(c) Volunteers; bill payers, representative payers. — (1) The Division may designate unpaid volunteers, including but not limited to bill payers and representative payees, as information sources for the program, to inform interested persons and agencies about the program. The Division may provide for the training of bill payers and representative payees, and may otherwise assist such bill payers and representative payees.
(2) Any person acting as a bill payer or representative payee is also acting as a fiduciary, and is liable for any act or omission which constitutes the breach of any fiduciary duty or responsibility imposed by law.
(3) The Division shall safeguard participants through establishment of a screening system which includes, but is not limited to, the following features:
a. A standardized application comprehensively addressing each prospective bill payer and representative payee’s background;
b. A criminal background check at state expense; and
c. A check of abuse, neglect, mistreatment and financial exploitation registries, including those authorized by Chapters 9 and 11 of Title 16.
(4) To effectively implement this screening system, the Division is vested with the following powers, duties and authority:
a. The Division shall require any person seeking to serve as a bill payer or representative payee under this chapter to share any and all information, including fingerprints, necessary to obtain a report of the person’s entire criminal history record from the State Bureau of Identification and a report of the person’s entire federal criminal history record;
b. Notwithstanding any requirements of Chapter 85 of Title 11 to the contrary, the State Bureau of Identification shall furnish information pertaining to the entire Delaware criminal history record of any person seeking to serve as a bill payer or representative payee under this chapter. Such information shall be provided to the Department of Health and Social Services pursuant to the procedures established by the Superintendent of the State Police;
c. Notwithstanding any contrary provision of Chapter 9 of Title 16, the Division is authorized to obtain child abuse and neglect registry information from the Department of Services for Children, Youth and Their Families pertaining to any person seeking to serve as a bill payer or representative payee under this chapter;
d. The Division shall adopt criteria through its regulations which shall disqualify a person from serving as a bill payer or representative payee under this chapter; and
e. The Division may adopt criteria through regulations authorizing exemption from this section for persons for whom a qualifying screening was conducted within the previous 5 years.
(5) Any person who either fails to make a full and complete disclosure on an application or a full and complete disclosure of any information required to obtain a registry or criminal background check as required in this section shall be subject to a civil penalty of not less than $1,000 nor more than $5,000 for each violation.
(d) Memoranda of understanding. — In order to obtain certain specialized assistance for the Program, the Division may enter into a memorandum of understanding with the legal counsel of any association which represents the interests of retired persons.
Del. Code tit. 29, § 7921 Books, records; access; annual report of Governor’s Council [Repealed].
Del. Code tit. 29, § 7922 Exemptions.
The following positions set forth in this section shall be exempt from Chapter 59 of this title:
(1) Secretary of Health and Social Services;
(2) Director of Public Health;
(3) Director of the Division of Substance Abuse and Mental Health;
(4) Director of Social Services;
(5) Chief of Business Administration and General Services;
(6) Chief of Planning, Research and Evaluation;
(7) Director of Developmental Disabilities Services;
(8) Director of Child Support Services;
(9) Director of the Division of Services for Aging and Adults with Physical Disabilities;
(10) Director of State Service Centers;
(11) Director of Long-Term Care Resident Protection; and
(12) Deputy Secretary of the Department of Health and Social Services.
Del. Code tit. 29, § 7923 Assumption of functions of prior agencies.
The Department, through appropriate divisions, subdivisions and offices, shall have the power to perform and shall be responsible for the performance of all the powers, duties and functions vested by law in the State Board of Health, the Board of Trustees of the Delaware Hospital for the Chronically Ill, the Hospital Advisory Council, the Department of Mental Health, the Board of Trustees of the Department of Mental Health, the Department of Public Welfare, the Board of Welfare, the Commission for the Blind [repealed], and the Commission for the Aging immediately prior to June 12, 1970, and which are not otherwise specifically transferred to the Department by this chapter.
Del. Code tit. 29, § 7924 Appeals.
Any and all rights of appeal now existing by law with respect to any act or acts constituting the exercise of any function or functions transferred to the Department or to any division or subdivision thereof shall continue to exist with respect to such act or acts as hereafter performed by the Department or by the division, subdivision or office to which such function is transferred and each such appeal shall be perfected in the manner heretofore provided by law.
Del. Code tit. 29, § 7925 Definitions and references in other laws.
(a) All definitions and references to any commission, board, department, authority or agency which appear in any other act or law shall, to the extent that the same are consistent with this chapter and in connection with a function transferred to the Department, be construed as referring and relating to the Department of Health and Social Services as created and established by this chapter.
(b) All definitions and references to any director, commissioner, executive secretary, commission, board or council member or other similar person which appear in any other act or law shall, to the extent that same are consistent with this chapter, and in connection with a function transferred to the Department, be construed as referring or relating to such person or persons and their powers, duties and functions as established and created by this chapter.
Del. Code tit. 29, § 7926 Annual report.
The Secretary of the Department shall make an annual report to the Governor and the General Assembly of the Department’s operations and render such other reports as the Governor or General Assembly may from time to time request or as may be required by law.
Del. Code tit. 29, § 7927 Misnomer of Department in donation.
Any misnomer shall not defeat or annul any gift, grant, devise or bequest to the Department if it sufficiently appears by the will, conveyance or other writing that the party making the same intended to pass and convey to the Department or to any commission, board, department, authority, council or agency, to which, by this chapter, the powers, duties and functions have been transferred to the Department, the estate or interest therein expressed or described.
Del. Code tit. 29, § 7928 Budgeting and financing.
(a) The Secretary, in cooperation with the division directors, shall prepare a proposed budget for the operation of the Department to be submitted for the consideration of the Governor and the General Assembly. The Department shall be operated within the limitation of the annual appropriation and any other funds appropriated by the General Assembly.
(b) Special funds may be used in accordance with approved programs, grants and appropriations.
Del. Code tit. 29, § 7929 Division for the Visually Impaired.
(a) The Division for the Visually Impaired (“Division”) has the power, duties, and functions necessary to provide services for persons with blindness and persons with visual impairment, including the powers, duties, and functions under this section, Chapter 21 of Title 31, and Chapter 23 of Title 31 [repealed.].
(b) The Division may establish, monitor, and oversee the operation of business programs for the purpose of providing training and employment for Delaware residents who are visually impaired under the Randolph-Sheppard Act (20 U.S.C. 107 et seq.). The business programs are known collectively as the “Business Enterprise Program” and may include vending, retail food services, meal preparation and distribution, concession stands, or other business programs that the Director of the Division may deem appropriate.
(1) The Division may promulgate rules and regulations to implement and operate the Business Enterprise Program. The rules and regulations must include provisions relating to participant eligibility, personnel management, fiscal controls, marketing plans, and enforcement of production quality standards.
(2) A participant in the Business Enterprise Program is not an employee of the Business Enterprise Program and may continue in the program only under the rules of the program. Each participant shall adhere to the rules and regulations that the Division promulgates.
(c) The Director of the Division is an exempt employee, and must be knowledgeable and skilled in the field of services to the visually impaired and responsive to the needs and concerns of that population.
(d) This State accepts the provisions and benefits of the Vocational Rehabilitation Act of 1973 (P.L. 93-112) (29 U.S.C. § 701 et seq.), as amended. The Department of Health and Social Services is a designated state agency, with the Secretary of the Department as the State Officer and the Division of the Visually Impaired as a designated state unit for all moneys from the Act that are designated for persons with visual impairment or persons with blindness. This is defined in a cooperative agreement dated December 1985 among the Department of Labor, Division for the Visually Impaired, and the Division of Vocational Rehabilitation. The Department of Health and Social Services shall cooperate with the United States Department of Education, Rehabilitation Services Administration, and, in accordance with all state laws, prepare the state plan and carry out the Rehabilitation Act of 1973 and its amendments.
Del. Code tit. 29, § 7930 Division of Child Support Enforcement [Repealed].
Repealed by 71 Del. Laws, c. 216, § 159, effective July 25, 1997.
Del. Code tit. 29, § 7931 Division of Medicaid and Medical Assistance.
(a) There is hereby established the Division of Medicaid and Medical Assistance under the direction and control of the Secretary of the Department of Health and Social Services.
(b) The mission of the Division of Medicaid and Medical Assistance is to maximize the well-being and quality of life for eligible low-income individuals and other vulnerable populations through the provision of overall leadership and direction in administering responsive, effective, and efficient health-care benefits.
(c) The Division of Medicaid and Medical Assistance shall have the power to perform and is responsible for the performance of all of the powers, duties, and functions specifically related to, Medicaid, the Delaware Healthy Children Program, the Delaware Prescription Assistance Program, the Chronic Renal Disease Program, and other health insurance related programs as administered through the Department of Health and Social Services.
(d) In the absence of an alternative agreement for a nonfee-for-service reimbursement mechanism approved by the Department of Health and Social Services between a home health-care nursing services provider and a Medicaid-contracted organization, all hourly home health-care nursing services paid for by Medicaid-contracted organizations will be reimbursed at a rate equal to or more than the rate set by the Division of Medicaid and Medical Assistance for equivalent services.
(e) The Division of Medicaid and Medical Assistance shall have the power to promulgate rules and regulations to implement this section.
(f) In the absence of an alternative agreement for a nonfee-for-service reimbursement mechanism approved by the Department of Health and Social Services between a home health or home care services provider and a Medicaid-contracted organization, all home health or home care services for Medicaid long-term care services and support providers paid for by Medicaid-contracted organizations will be reimbursed at a rate equal to or more than the rate set by the Division of Medicaid and Medical Assistance for equivalent services.
Del. Code tit. 29, § 7932 Establishment of a program.
The State Department of Health and Social Services, hereafter referred to as the Department, shall establish a program for the care and treatment of persons suffering from chronic renal diseases. This program shall assist persons suffering from chronic renal diseases who require lifesaving care and treatment but who are unable to pay for such services on a continuing basis.
Del. Code tit. 29, § 7933 Advisory Committee.
The Secretary of the Department of Health and Social Services, hereafter referred to as the Secretary, shall appoint a Renal Disease Advisory Committee, hereafter referred to as the Committee, to consult with the Secretary in the administration of this subchapter. The Committee shall be composed of 11 persons representing hospitals and medical centers which establish dialysis centers, voluntary agencies interested in kidney diseases, related public agencies, physicians licensed to practice medicine and the general public. Each member shall hold office for a term of 4 years and until a successor is appointed and qualified, except that the terms of the members first taking office shall expire, as designated at the time of appointment, 2 at the end of the first year, 3 at the end of the second year, 3 at the end of the third year and 3 at the end of the fourth year, after the date of appointment. Any person appointed to fill a vacancy occurring prior to the expiration of the term for which such person’s predecessor was appointed shall be appointed for the remainder of such term. The Committee shall meet as frequently as the Secretary deems necessary, but not less than once each year. The Committee members shall receive no compensation, but shall be reimbursed for actual expenses incurred in carrying out their duties as members of this Committee.
Del. Code tit. 29, § 7934 Powers and duties of the Secretary.
The Secretary shall:
(1) With the advice of the Committee, develop standards for determining eligibility for care and treatment under this program;
(2) Assist in the development and expansion of programs for the care and treatment of persons suffering from chronic renal diseases, including dialysis and other medical procedures and techniques, which will have a lifesaving effect in the care and treatment of persons suffering from these diseases;
(3) Assist in the development of programs for the prevention of chronic renal diseases;
(4) Extend financial assistance to persons suffering from chronic renal diseases in obtaining the medical, nursing, pharmaceutical and technical services necessary in caring for such diseases, including the renting or purchase of home dialysis equipment;
(5) Assist in equipping dialysis centers;
(6) Institute and carry on an educational program among physicians, hospitals, public health departments and the public concerning chronic renal diseases, including the dissemination of information and the conducting of educational programs concerning the prevention of chronic renal diseases and the methods for the care and treatment of persons suffering from these diseases.
Del. Code tit. 29, § 7935 Supremacy.
All other laws or parts of laws now in effect inconsistent with this subchapter are repealed, superseded, modified or amended so far as necessary to conform to and give full force and effect to this subchapter.
Del. Code tit. 29, § 7940 Financial liability of persons served by the Department.
(a) Any person committed to or accepting the services of any hospital, home, clinic or other facility of the Department and that person’s spouse or parents in the order named, except for persons committed to a prison or correctional institution, shall at all times be jointly and severally liable for the full cost of the care, treatment or both provided such person, except as may be specifically set forth in this section. Notwithstanding any other provision of the Delaware Code, parents and spouses of a patient shall not be required to pay all or part of any of the cost of care of any patient if:
(1) With respect to parental liability, the patient shall have attained the age of 18 years; or
(2) With respect to spousal liability, the patient shall have attained the age of 18 years and shall have been a patient in 1 or more of the institutions served by the Department for a period of 5 years.
(b) The “cost of care, treatment or both” per diem for an inpatient facility such as, but not limited to, a hospital or home shall be deemed to mean the total disbursements made by or on behalf of such facility during a fiscal year, divided by the number of patient-days during such fiscal year. Such cost shall be computed based on the experience of the previous fiscal year and the revised rate shall be charged beginning on the first day of the fourth month following the end of said fiscal year. In the event the inpatient facility has not been operational during the previous fiscal year, the “cost of care, treatment or both” shall be the amount determined by the Department within the guideline of available appropriations and anticipated patient-days. In the event an inpatient facility provides various services that have substantially different costs, and such different costs may be reasonably identified, the Department may determine the “cost of care, treatment or both” based upon the particular service provided. In the case of outpatient or clinic services, the “cost of care, treatment or both” shall be determined by the Department based upon the most recent available experience of actual cost.
(c) The Department is authorized and empowered to accept partial payments from any person committed to, or accepting the services of, any hospital, home clinic or other facility of the Department, or from any other person liable for the cost of care of such person, in an amount less than the full cost of care, treatment or both based upon the financial ability of such person or persons as determined by the Department. In determining financial ability to pay, the Department shall take into account the assets, liabilities, income, expenses, number of dependents of the entire family and any other relevant factors. The Department shall also promulgate such rules and regulations under subsection (i) of this section as may be necessary to insure that the enforcement of this obligation shall be as uniform as possible; provided, however, that such rules and regulations limit the financial liability of a spouse or parents to no more than 10 percent of their annual disposable income in any 12-month period of care or treatment.
(d) Except in cases committed by order of the courts of this State, the Department may require, before or after the patient is admitted or treated, the written agreement of those persons receiving or to receive care, treatment or both from the Department, and of those other persons who are liable under this section, concerning the payments required by this section. Such agreements may be reviewed from time to time at the request of the Department or the person liable and in any event shall be automatically reviewed at least once every 2 years and may be amended if the cost of care, treatment or both has changed or if the ability to pay of the person liable has changed in the judgment of the Department. The Department may require the person receiving or to receive care, treatment or both or from persons liable for the cost of care, treatment or both under this section such evidence of ability to pay as copies of federal income tax returns, tax withholding forms and statements of bank accounts and property holdings. Failure to provide such evidence may be grounds to refuse or terminate such care, treatment or both. Except in the case of the Delaware Hospital for the Chronically Ill, such evidence of ability to pay shall not be required of liable persons if they agree to pay the full cost of care, treatment or both and so long as such payments are timely rendered.
(e) Any court of this State committing a person to the jurisdiction of the Department, may, at its discretion, order said person, and such other persons liable for the payment of costs under this section over which the court has jurisdiction, to pay for the costs of care, treatment or both in such amounts as may be fixed by the Department under this subchapter.
(f) The Department, after full investigation of collectibility and/or reasons for nonpayment, shall proceed for the recovery of the moneys owed for such care, treatment or both in an action to be brought in any court of the State in the name of the Department, where such action is deemed justified. The Department of Justice of the State shall represent the Department in such cases and any costs to the State arising from such action shall be paid by the State Treasurer from moneys in the General Fund not otherwise appropriated.
(g) The Department may partially or totally waive liability for persons receiving services from a facility such as, but not limited to, a clinic when the Department determines that the cost of computing ability to pay and making collection would exceed the sums to be collected or when the Department determines that such liability would jeopardize the health of the community.
(h) In the event any person, juvenile or adult is committed to a prison or correctional institution, and in the event a court of this State has not ordered payment of the full cost of care, the Department may require such payments from such juvenile or adult while on a work release or similar program as it may deem appropriate provided that the total payment shall not exceed the actual cost of care while on the work release program.
(i) The Delaware Hospital for the Chronically Ill and any similar facility of the Department may continue, as heretofore, to refuse admission to persons adjudged to have adequate resources, either personally or from others legally liable for them, to secure such services from private facilities.
(j) The Secretary of the Department shall have the power to promulgate any rules and regulations not contrary to the laws of the State which the secretary deems necessary to carry out this section and such rules and regulations shall have the full force and effect of law.
(k) If it appears to the satisfaction of the Department that a person receiving or to receive care, treatment or both will be institutionalized for a long period of time and that the expected income of such person from all sources (including any portion of the cost of care to be paid by legally liable relatives) will be insufficient to pay for the full cost of care, treatment or both, the Department may require that all or part of the assets of such person be transferred and conveyed to the State to be applied to the cost of care as the same shall come due, any balance thereof to be returned to such person or such person’s estate upon such person’s discharge or death. In carrying out this provision, the Department may bring suit in any court having jurisdiction to require the transfer of such assets and may also apply for the appointment of a guardian or trustee of such person. The court, after giving appropriate notice and after hearing the evidence, shall enter such order as it deems appropriate.
(l) Nothing herein contained shall be construed to prevent the Department from refusing to admit or from discharging any patient who, for reasons other than nonpayment of cost of care, treatment or both, in the opinion of the Department, does not qualify for admission under the law or who will not benefit from the care, treatment or both available, or whose presence in any such institution will be detrimental to others.
(m) In the event that any person is aggrieved by any decision of the Department with respect to the payment of fees, refusal of admission or discharge for other than medical reasons, the person may appeal to a Special Appeals Committee consisting of the Chairpersons of the respective advisory Councils to the Division of Developmental Disabilities Services and on Substance Abuse and Mental Health and Delaware Home and Hospital and Physical Health by petition in writing stating the substance of the decision appealed from, the facts in support of the appeal and the relief sought. The Department shall reply to the petition within 10 days. The Committee shall hold a hearing within 60 days and shall render its decision promptly. The Committee’s decision shall be final and binding. The Committee may establish its own rules of evidence not inconsistent with this subchapter.
Del. Code tit. 29, § 7941 Disclosure of income.
Notwithstanding § 1241 [repealed] of Title 30, the Secretary of Finance shall, upon the written request of the Secretary of the Department of Health and Social Services, provide the Secretary with the gross and net income, as defined in Chapter 11 of Title 30, and all other available financial data concerning those persons who are liable under this subchapter for payments for the care, treatment or both of any persons in facilities operated by the Department of Health and Social Services and who are not paying the full cost of such care, treatment or both monthly. The Secretary shall certify that information so received shall be used only for the purpose of collecting sums due the State and any employee of the Department found guilty of disclosing such information for any other purpose shall be subject to the same penalties as provided in § 1241 [repealed] of Title 30.
Del. Code tit. 29, § 7950 Emergency Housing Fund Administration Board.
The Emergency Housing Fund Administration Board is authorized to promulgate regulations and procedures and administer all funds collected in the Emergency Housing Assistance Fund. The Board will consist of:
(1) An administrator appointed by the Secretary of the Department of Health and Social Services as specified in § 8603 [repealed] of this title. This administrator will act as Chairperson of the Board.
(2) Five Board members shall be appointed by the Secretary for staggered terms and shall be composed of persons who have demonstrated an interest in emergency housing.
(3) This Board will review proposals and allocate funds. The Board will be responsible for monitoring expenditures, authorizing the adjustment of funds and reallocating funds from 1 organization to another. In order to be eligible for these funds, an organization must:
a. Be a private, nonprofit agency operating within this State.
b. Have a generally accepted system of accounting and must conduct an annual audit.
c. Agree to submit to a programmatic review and financial audit of their program each year that funds are received.
Del. Code tit. 29, § 7951 Definitions.
(a) “Department” means the Department of Health and Social Services.
(b) “Emergency housing shelter” refers to a temporary housing intervention for a period of 90 days or less operated by a qualified organization that provides short-term housing and supportive services that address the needs of persons experiencing homelessness. The shelter must be a facility which meets all local building codes.
Del. Code tit. 29, § 7952 Voluntary funding of emergency housing program through income tax return check-off [Repealed].
Repealed by 73 Del. Laws, c. 179, § 5, effective July 12, 2001.
Del. Code tit. 29, § 7953 Emergency Housing Assistance Fund.
(a) There is hereby created a special fund, which shall be known as the Emergency Housing Assistance Fund of the Treasury of the State.
(b) All moneys received from the voluntary contribution system established in § 7952 [repealed] of this title shall be deposited in said Fund.
(c) The General Assembly shall make no appropriation into said Fund, but individuals and organizations may, from time to time, make contributions or bequests to the Fund.
(d) The moneys contained in said Fund shall be continuously transferred to the Department of Health and Social Services for the exclusive purpose of carrying out the objectives of §§ 7950-7953 of this title, including administration thereof.
(e) From time to time as determined by the Delaware State Clearinghouse Committee, the Department shall submit a detailed report to members of the Committee of revenues, expenditures and program measures for the fiscal period in question. Such report shall also be sufficiently descriptive in nature so as to be concise and informative. The Committee may cause the Department to appear before the Committee and to answer such questions as the Committee may require.
Del. Code tit. 29, § 7954 §§ 7954, 7955. [Transferred].
Transferred.
Del. Code tit. 29, § 7960 Definitions.
As used in this subchapter, except where the context clearly indicates a different meaning:
“Congregate housing facility” means a facility housing 8 or more homeless adults and children on a temporary basis.
Del. Code tit. 29, § 7961 Resident manager required.
The sponsor of any congregate housing facility shall be responsible for having a responsible adult resident manager on the premises of such facility at all times.
Del. Code tit. 29, § 7962 Maintaining records.
(a) The sponsor and resident manager of any congregate housing facility shall be responsible for maintaining a day-to-day record of residents of the facility, such record to include:
(1) The name, last known residence, and Social Security number, if any, of each resident of the facility; and
(2) The destination of each resident when the resident leaves the facility.
(b) The information contained in such record shall be confidential and shall not be disclosed except to authorized agents of the facility’s public funding sources as required by the terms of their funding agreements or as a result of a court order.
Del. Code tit. 29, § 7963 Premises to be kept clean.
The sponsor and the resident manager shall be responsible for keeping the interior and exterior premises of a congregate housing facility at all times in a clean and sanitary condition and in compliance with all federal, state or local laws, rules, and regulations relating to the cleanliness of multi-family dwellings in general.
Del. Code tit. 29, § 7964 Standard of conduct.
The sponsor and resident manager of each congregate housing facility shall be responsible for publishing and posting in prominent places a standard of conduct for residents which is not disruptive to others within the facility, to the community, or to the residents of neighboring residences or businesses. The use of alcohol or illegal drugs in such facilities is prohibited. Loud or boisterous behavior, music or other noise in violation of state or local noise laws, rules and regulations that deprives other residents of the quiet enjoyment of the facility shall be prohibited at all times, especially between sunset and sunrise.
Del. Code tit. 29, § 7965 Enlistment of services to assist residents.
The sponsor or resident manager of a congregate housing facility shall be responsible for making every effort to enlist the services of social agencies, public or private, to assist residents to move back into the mainstream of society, including, but not limited to, Alcoholics Anonymous, substance abuse counseling, employment counseling, and skills training.
Del. Code tit. 29, § 7966 Notification of authorities.
The sponsor or resident manager of each congregate housing facility shall be responsible for notifying the chief executive officer of the county or municipality in which the facility is located that it is, or intends to be, conducting such a facility and the location thereof.
Del. Code tit. 29, § 7967 Penalties.
Whoever violates the provisions of this subchapter is guilty of a violation and shall be fined not less than $50 nor more than $200 for a first offense and not less than $100 nor more than $500 for each subsequent like offense. The Superior Court shall have jurisdiction over all violations of this subchapter.
Del. Code tit. 29, § 7968 Enforcement authority.
The Department of Health and Social Services shall be responsible for enforcing the provisions of this subchapter.
Del. Code tit. 29, § 7970 Intent.
(a) It is the intent of the General Assembly that the primary purpose of this subchapter, known as the “Health Care Quality Act,” is as follows:
(1) To ensure that individuals receiving health-care services in long-term, acute, or outpatient settings are safe and secure, receive quality care, and are free from abuse, neglect, mistreatment and financial exploitation.
(2) To promote the quality of care and quality of life for individuals receiving long-term, acute, or outpatient health-care services.
(3) To ensure that training programs for certified nursing assistants:
a. Comply with state and federal statutes and regulations.
b. Are regularly monitored for compliance.
c. Are subject to sanctions for violations.
(b) Further, it is the intent of the General Assembly to ensure that in carrying out the State's quality assurance services, the responsible state agencies and law-enforcement agencies will coordinate and communicate effectively and will respond to and investigate complaints in a timely and effective manner and undertake enforcement action, civil or criminal, as warranted.
Del. Code tit. 29, § 7971 Division of Health Care Quality.
(a) There is hereby established the Division of Health Care Quality within the Department of Health and Social Services.
(b) Definitions. —
(1) “Adult Abuse Registry” means a central registry of information established by § 8564 of Title 11 that relates to substantiated cases of adult abuse, neglect, mistreatment, or financial exploitation. Long-term care facility, home-care agency, adult day care facility, and prescribed pediatric extended care center employers must check the Adult Abuse Registry before hiring employees who would have direct access to residents and patients.
(2) “Department” means the Department of Health and Social Services.
(3) “Director” means the Director of the Division of Health Care Quality of the Department of Health and Social Services.
(4) “Division” means the Division of Health Care Quality of the Department of Health and Social Services.
(5) “Long-term, acute, or outpatient health-care services” means those services as defined in § 122(3)m., § 122(3)o., § 122(3)p., § 122(3)q., § 122(3)s., § 122(3)x., § 122(3)y., § 122(3)z., § 122(3)aa. of Title 16; Chapter 10 of Title 16; or Chapter 11 of Title 16.
(c) The purpose of the Division of Health Care Quality is to promote the quality of life of individuals receiving long-term, acute, and outpatient health-care services and to ensure that they are safe and secure, receive quality care, and are free from abuse, neglect, mistreatment, and financial exploitation.
(d) The Division has all of the following duties and functions:
(1) Establish and implement policies and procedures, promulgate regulations, enforce state statutes and regulations regarding the quality of care and quality of life of individuals receiving long-term, acute, and outpatient health-care services and refer federal violations to the appropriate authorities with recommendations for enforcement.
(2) License facilities and services on an annual basis and conduct a variety of surveys and inspections including regular, complaint, and unannounced or unexpected surveys and inspections to determine compliance with federal and state statutes and regulations.
(3) Receive and investigate complaints of abuse, neglect, mistreatment, financial exploitation, and other concerns which may adversely affect the health, safety, welfare, or rights of such individuals including alleged violations of federal and state statutes and regulations and in connection with such duties and functions has the authority to obtain all of the following:
a. An individual’s hospital records in cases where the Division is engaged in an investigation or survey involving the care or treatment of the individual at a facility or agency licensed by the Division, and the individual has been admitted to a hospital from the facility or agency or discharged from a hospital to the facility or agency.
b. An individual’s emergency medical system and paramedic records in cases where the Division is engaged in an investigation or survey involving the care or treatment of the individual at a facility or agency licensed by the Division, and the individual has been transported to a hospital from a facility or agency or from a hospital to a facility or agency.
(4) Provide for systematic and timely notification, coordinated investigation, and referral of abuse, neglect, mistreatment, and financial exploitation complaints to the appropriate law-enforcement agencies and the Attorney General’s office.
(5) Protect the privacy of the individual receiving long-term, acute, or outpatient health-care services and that individual’s family.
a. The Division shall establish guidelines regarding the disclosure of information concerning abuse, neglect, mistreatment, and financial exploitation involving long-term, acute and outpatient health-care services.
b. The Division may require persons to make written requests for access to records maintained by the Division.
c. The Division may only release information to persons who have a legitimate public safety need for such information and such information shall be used only for the purpose for which the information is released.
(6) Maintain the Adult Abuse Registry as established by § 8564 of Title 11.
(7) In conjunction with the Attorney General’s Office, develop and conduct training for Department staff and providers of long-term, acute, or outpatient health-care services on applicable statutes and regulations, as well as provide other educational workshops, including accident prevention and health promotion training, and other technical assistance as needed.
(8) Promote and advocate for consumer, resident, and patient rights.
(9) Meet regularly with individuals receiving long term care services and their families.
(10) Publish a report, as determined by the Division, to the Governor, Secretary, and General Assembly on the Division’s activities, including comprehensive data analysis and monitoring of trends in the quality of care and quality of life of individuals receiving long-term care services in Delaware.
(11) Conduct quality assurance demonstration projects.
(12) Provide updated consumer information materials on an ongoing and as needed basis.
(13) Establish, maintain, and publicize a 24-hour state-wide toll free telephone hotline operating at all times and capable of receiving reports of abuse, neglect, mistreatment, and financial exploitation.
(14) Regulate the certification of nursing assistants, by doing all of the following:
a. Certifying nursing assistants pursuant to Chapter 30A of Title 16 and certifying nursing assistants from out of state who meet Delaware requirements.
b. Suspending or revoking the certificate of a certified nursing assistant for cause. Cause to suspend or revoke a certificate includes the following:
1. Placement of a finding of abuse, neglect, mistreatment, and financial exploitation against a certified nurse assistant on the Delaware Certified Nurse Assistant Registry.
2. The suspension or revocation of the certified nursing assistant’s certificate by another state.
3. Circumstances where the certificate was obtained using false information.
4. Failure to complete bi-annual educational requirements.
(15) Regulate nurse assistant training by doing the following:
a. Approve curricula and develop criteria and standards for evaluating such training programs.
b. Provide for surveys of such programs at such times as it may deem necessary.
c. Ensure that such programs meet the requirements of Chapter 30A of Title 16 and 42 C.F.R., Ch. IV, Subchapter G, Part 483.
d. Deny or withdraw approval from training programs for failure to meet approved curricula or other criteria.
e. Establish requirements for mandatory continuing education.
f. Provide public access through an online source to the pass rates of all approved training programs.
(16) The Division may impose civil penalties against any nurse assistant training program, whether approved or not, for violations of the provisions of this subchapter or of Chapter 30A of Title 16, or the regulations adopted under this subchapter or Chapter 30A of Title 16. The maximum civil penalty is $5,000 per violation.
a. In determining the amount of the penalty to be assessed, the Division shall consider all of the following:
1. The seriousness of the violation, including the nature, circumstances, extent, and gravity of the violation.
2. The history of violations committed by the person or the person’s affiliate, employee, or controlling person.
3. The efforts made to correct the violation.
4. The culpability of the person or persons who committed the violation.
5. Whether a misrepresentation was made to the Division or to another person regarding any of the following:
A. The quality of services provided.
B. The academic performance of the program.
C. The identity of an owner or controlling person of the program.
6. Whether the program refused to allow a representative of the Division to inspect without notice at any time any of the following:
A. Any portion of the premises of the program.
B. Any documents, records, or files required to be maintained by the program.
7. Whether the program wilfully interfered with the work of a representative of the Division or with the enforcement of any statute or regulations.
8. Any other matter that affects the operating requirements of the program, or the educational experience of its students.
b. Each day of a continuing violation constitutes a separate violation.
c. All civil penalties collected under this subchapter must be remitted to the State Civil Penalty Trust Fund.
d. The Division may add the amount of the civil penalty to the licensing fee for the program. If the licensee refuses to make the payment at the time of the application for renewal of its license, the Division may not renew the license.
e. The Division may also proceed for the collection of the civil money penalty in an action brought in the name of the Department in any court of competent jurisdiction.
f. Any entity upon which a penalty is imposed may request an administrative hearing under Department regulations before such penalty becomes final.
1. The hearing officer for the administrative hearing may compel the attendance of witnesses and the production of evidence.
2. The finding by the hearing officer constitutes the final decision of the Department and is appealable, on the record, by either party to Superior Court.
(17) Develop a format, known as the Interagency Transfer Form, for exchange of information between health-care agencies and facilities regarding consumer, resident, or patient health conditions and care needs to ensure ongoing quality of care and consumer, resident, or patient centered care for the consumer, resident, or patient in any care setting.
(18) The Director, or the Director’s designee, may issue subpoenas for named respondents or witnesses or documents, financial records, physical evidence, or any other source of evidence needed during the course of an investigation of a complaint or for a public hearing on a complaint. If a person subpoenaed fails to comply, the Division may compel compliance with the subpoena by filing a motion to compel in the Superior Court, which has jurisdiction to compel compliance.
(19) Regulate, oversee, and monitor “temporary staffing agencies,” as defined under § 1102 of Title 16.
Del. Code tit. 29, § 7972 Background Check Center.
(a) Purpose.
(1) It is the purpose of this section to establish an electronic system (Background Check Center) for the consolidation of various data streams necessary to provide a prospective employer or a current employer with information related to the suitability for employment of a person who provides care or services as follows:
a. In any capacity, including as an employee, an agent, or an independent contractor working in a long-term care facility licensed under Chapter 11 of Title 16.
b. As an employee of a hospice agency, a home health agency, or a personal assistance services agency (home care agency) licensed under § 122(3)m., 122(3)o., and 122(3)x. of Title 16 working in a private residence.
c. As an employee of a prescribed pediatric extended care center licensed under § 122(3)q. of Title 16.
(2) It is the further purpose that the Background Check Center be self-supporting after the initial construction and initial operational phase.
(3) Utilization of the Background Check Center by an employer is mandatory to ensure that all individuals working in a long-term care facility, a home care agency, or a prescribed pediatric extended care center are subject to comprehensive screening and updating of their criminal record.
(4) The Background Check Center must be a reliable source of information which enables prompt decision making.
(5) Each person screened through the Background Check Center has a right of appeal.
(b) Definitions.
As used in this chapter:
(1) “Background Check Center” (“BCC”) means the electronic system which combines the data streams from various sources within and outside the State in order to assist an employer in determining the suitability of a person for employment in a long-term care facility, home care agency, or prescribed pediatric extended care center.
(2) “Department” means the Department of Health and Social Services.
(3) “Employer” means a person or other legal entity that employs individuals to work in long-term care facility, home care agency, or for a prescribed pediatric extended care center.
(4) “Home care agency” means all programs or agencies licensed under § 122(3)m., 122(3)o., and 122(3)x. of Title 16.
(5) “Long-term care facility” means any facility licensed under Chapter 11 of Title 16.
(6) “Prescribed pediatric extended care center” means any facility licensed under § 122(3)q. of Title 16.
(7) “Private residence” means the domicile of the individual in need of care, either personally owned by that individual or considered the place of residence of that individual.
(c) All employers who are required to secure criminal background checks under § 1141, § 1145, or § 1190 of Title 16 must process all applicants for employment through the BCC.
(d) The Department shall establish the appropriate fee to collect from BCC users.
(1) The fee shall approximate and reasonably reflect all costs necessary to defray the maintenance, operation, and development of the BCC.
(2) At the beginning of each calendar year the Department shall compute the appropriate fee and determine the effective date of any fee modification.
(3) All revenue generated under this section must be deposited in a special BCC fund account in the Department.
(e) Due process protections of notice and opportunity to be heard must be provided to an applicant for employment who wishes to appeal BCC errors, or to appeal the imposition of sanctions under § 1141 or § 1145 of Title 16. The hearing process shall be consistent with the Administrative Procedures Act, Chapter 101 of this title.
(f) (1) The Department may require all employees, contractors, and volunteers who are required to secure a background check under § 7999 of this title to process all background checks through the BCC.
(2) If the Department requires use of the BCC under paragraph (f)(1) of this section, the State Bureau of Identification shall provide the criminal background information and the Department of Services for Children, Youth and Their Families shall provide the Child Protection Registry check information to the individual and to the BCC for any background check required by § 7999 of this title.
(3) If the Department requires use of the BCC under paragraph (f)(1) of this section, The State Bureau of Identification (SBI) and the Delaware Justice Information System shall provide all subsequent Delaware criminal history of any individual subject to a background check under this section to the BCC. If the “Rap Back System” as defined by § 8502 of Title 11 is available to SBI, SBI shall provide all subsequent criminal history record information available through the Rap Back System to the BCC.
Del. Code tit. 29, § 7980 Establishment of a program.
(a) The Division of Public Health under the direction and control of the Secretary of the Department of Health and Social Services in collaboration with the Department of Natural Resources and Environmental Control shall, by rules and regulations, establish an Occupational Health Program (“the Program”). The Program will include a statewide statistical assessment of the degree to which Delawareans are exposed to hazardous substances in the workplace and the nature of that exposure.
(b) The Program shall offer voluntary and confidential educational and consultation services for employers and employees in the public sector based on the Program’s assessment. In collaboration with the Department of Labor Office of Occupational Safety and Health Consultation, which conducts private sector consultations only, the Program will work to improve the workplace environment in Delaware.
(c) Any statewide statistical assessment of hazardous substances in the workplace shall not include specific findings from the Department of Labor’s Office of Occupational Safety and Health Consultation in the private sector.
Del. Code tit. 29, § 7981 Assessment of occupational exposure to hazardous substances.
(a) For the purpose of this subchapter, a hazardous substance shall be considered any substance in the workplace which is capable of causing harm, which an employee may be exposed to, including, but not limited to, fumes, dust, mold and carcinogens.
(b) The Division of Public Health, in collaboration with the Department of Natural Resources and Environmental Control, shall develop criteria and methodology for the statewide statistical assessment of exposure to hazardous substances in the workplace.
(c) The Program shall, upon request, assess occupational exposure to hazardous substances in the workplace and compile data and information to be used for consultation and educational purposes.
Del. Code tit. 29, § 7982 Education and outreach.
The Department of Labor’s Office of Occupational Safety and Health Consultation currently provides educational programs for private sector employers concerning exposure to hazardous substances in the workplace, including the dissemination of information concerning the prevention, containment and removal of such hazards. The Department of Labor’s Office of Occupational Safety and Health Consultation, in collaboration with the Department of Public Health, shall expand its current educational programs concerning exposure to hazardous substances in the workplace, including the dissemination of information concerning the prevention, containment and removal of such hazards, to include public sector employers.
Del. Code tit. 29, § 7985 Delaware Rare Disease Advisory Council.
(a) The Delaware Rare Disease Advisory Council (Council) shall be established within the Office of the Lieutenant Governor to advise the General Assembly and other government agencies and departments, as appropriate, on the needs of individuals with rare diseases living in Delaware.
(b) The Council shall conduct the following activities to benefit rare disease patients in Delaware:
(1) Convene public hearings, make inquiries, and solicit comments from the general public in Delaware to assist the Council with a landscape or survey of the needs of rare disease patients, caregivers, and providers in the State.
(2) Consult with experts on rare diseases on the Council and externally, as needed, to develop policy recommendations to improve patient access to and quality of rare disease specialists, affordable and comprehensive health-care coverage, relevant diagnostics, timely treatment, and other needed services.
(3) Research and make recommendations to state agencies and insurers that provide services to persons with a rare disease on the impact of coverage, cost-sharing, tiering, or other utilization management procedures on the provision of treatment and care services.
(4) Research and identify priorities related to treatments and services provided to persons with rare diseases in Delaware, and develop policy recommendations that include safeguards against discrimination for these populations on such issues, including in disaster and public health emergency-related planning.
(5) Publish a list of existing, publicly-accessible resources on research, diagnosis, treatment, and education relating to the rare diseases in Delaware on the Council’s website.
(6) Identify areas of unmet need for research that can inform future studies and reports by the Council.
(7) Establish resources for academic institutions, state agencies, health-care professionals, and other entities to provide training to employees on rare diseases in Delaware.
(8) Identify and distribute educational resources for health-care providers to foster recognition and optimize treatment of rare diseases in Delaware.
(9) Research and identify best practices to reduce health disparities and achieve health equity in the research, diagnosis, and treatment of rare disease in Delaware.
(10) Establish best practices and protocols to use during a state of emergency to aid rare disease patients.
(c) The Council is comprised of 14 members:
(1) One representative from an academic research institution in the State that receives any grant funding for rare disease research, appointed by the Governor.
(2) One member of the Delaware House of Representatives, appointed by the Speaker of the House.
(3) One member of the Delaware State Senate, appointed by the President Pro Tempore.
(4) The Secretary of the Department of Health and Social Services serving by virtue of position, or the Secretary’s designee.
(5) The Insurance Commissioner serving by virtue of position, or the Commissioner’s designee.
(6) One geneticist licensed and practicing in Delaware, appointed by the Governor.
(7) One registered physician, nurse, or advanced practice registered nurse licensed and practicing in Delaware with experience treating rare diseases, appointed by the Governor.
(8) One hospital administrator, or their designee, from an acute care hospital in Delaware that provides care to persons diagnosed with a rare disease, appointed by the Governor.
(9) A Delaware resident who either has a rare disease or has experience caring for a person with a rare disease.
(10) A second Delaware resident who either has a rare disease or has experience caring for a person with a rare disease.
(11) One administrator, or their designee, from a biopharma manufacturer, appointed by the Governor.
(12) One licensed genetic counselor, appointed by the Governor.
(13) A pharmacist with experience dispensing drugs used to treat rare diseases, appointed by the Governor.
(14) A member of the scientific community who is engaged in rare disease research, including, but not limited to, a medical researcher with experience conducting research on rare disease, appointed by the Governor.
(d) The Council shall annually elect a chair from among its members. A chair is eligible for reelection.
(e) Each council member is appointed for a term of 3 years. Each term of office expires on the date specified in the appointment; however, a member remains eligible to participate in council proceedings until the Governor replaces that member. The Governor may appoint a member for a term of less than 3 years to ensure that members’ terms expire on a staggered basis.
(f) Reporting. —
(1) The Council shall submit a report to the Governor by July 26, 2026, and every 3 years thereafter.
(2) A draft of the annual report shall be provided for public comment and discussed at an open public meeting, before it is completed and submitted to the Governor.
(3) Reports shall:
a. Describe the accomplishments and progress of the Council in conducting the activities set forth above.
b. Provide recommendations to the Governor and General Assembly on ways to address the needs of people living with rare diseases in Delaware.
(g) The University of Delaware Institute for Public Administration shall staff the Council. An annual line item allocation of funding must be provided to the Council to support the operational services carried out by the University of Delaware.
Del. Code tit. 29, § 7990 Definitions.
As used in this subchapter:
(1) “Director” means the Director of the State Division of Public Health.
(2) “Division” means the State Division of Public Health within the Department of Health and Social Services of the State.
(3) “HIV” means the Human Immunodeficiency Virus that causes Acquired Immune Deficiency Syndrome (AIDS).
(4) “Participant” means an injection drug user who obtains a sterile needle and syringe unit under the program established in § 7991 of this title.
Del. Code tit. 29, § 7991 Establishment of program.
The Director of the State Division of Public Health shall maintain a sterile needle and syringe service program. The program is to be administered by the Director or the Director’s designees. The Director may designate private providers of services to operate the program.
Del. Code tit. 29, § 7992 Operation of the program.
The program shall:
(1) Operate for the purposes of:
a. Preventing the transmission of HIV, the Hepatitis B virus, and other blood borne diseases; and
b. Providing injection drug users with referrals to appropriate treatment and other health and social services programs.
(2) Provide needles and syringes on an as-needed basis, whereby a participant receives sterile needles and syringes based on need and usage.
(3) Be designed to prevent noninjection drug users from participating in the program.
(4) Be designed and maintained to provide maximum security of program sites and equipment, including security measures that shall be required to allow for: identification of program needles; a full accounting of the number of needles distributed; the number in storage; safe disposal of returned needles, and any other measures that may be required to control the use and dispersal of sterile needles and syringes, provided however that a participant may return used needles and syringes at any program site if more than 1 site is available.
(5) Include appropriate levels of staff expertise in working with injecting drug users and adequate staff training in providing community referrals, counseling, and preventive education.
(6) Include services to:
a. Educate the participants about the dangers of contracting HIV or hepatitis viruses through needle-sharing practices and unsafe sexual behaviors;
b. Provide HIV testing and other communicable disease testing as appropriate when available;
c. Provide a linkage for referrals to drug counseling and treatment services, and follow-up to those referrals to assure that participants are retained in care and receive available treatment.
(7) Establish procedures for identifying participants consistent with the confidentiality provisions of this subchapter.
(8) Establish a method of identification and authorization for program staff members who have access to hypodermic needles, syringes, or program records.
(9) Program structure and delivery methods will be designed in response to the local community in which the program operates.
(10) [Repealed.]
Del. Code tit. 29, § 7993 Criminal liability.
(a) Distribution or return of needles and syringes under the sterile needle and syringe service program is exempt from the provisions of § § 4762, 4771, and 4772 of Title 16 for the participant or for the employees of the Division or designated program staff, whenever the possession or distribution of the controlled paraphernalia or hypodermic syringe or needle is a direct result of the employee’s or participant’s activities in connection with the work of the program authorized under this subchapter.
(b) Notwithstanding the provisions of subsection (a) of this section, a program staff member or program participant is not immune from criminal prosecution for:
(1) The redistribution of hypodermic needles or syringes in any form;
(2) Any activities not authorized or approved by the program; or
(3) Violation of laws prohibiting or regulating the use, possession, dispensing, distribution, or promotion of controlled substances.
Del. Code tit. 29, § 7994 Oversight Committee.
The Director shall appoint an Oversight Committee for the program to provide assistance and advice in the oversight of the program. The Committee shall include: 1 representative of law enforcement from each county in Delaware and 1 representative of law enforcement from the City of Wilmington; 1 physician; 1 injecting drug user or former injecting drug user from each county in Delaware and the City of Wilmington, and up to 2 other individuals who the Director determines to be appropriate for appointment; 1 legislator from the Senate appointed by the President Pro Tem and 1 legislator from the House of Representatives appointed by the Speaker of the House; 1 elected official from each county in Delaware and the City of Wilmington; and 1 citizen from each county in Delaware and the City of Wilmington. The Committee shall meet periodically to monitor the progress and effectiveness of the program and to examine data compiled by the program pursuant to § 7995 of this title.
Del. Code tit. 29, § 7995 Data collection and program reports.
The program shall collect the following data for the Director and the Oversight Committee:
(1) Information on the number of participants served and the number of needles and syringes distributed;
(2) A demographic profile of the participants served, including but not limited to: age, sex, ethnicity, area of residence, types of drugs used, length of drug use, and frequency of injection;
(3) The number of participants entering drug counseling and treatment, and the number of referrals made by the program for drug counseling and treatment;
(4) Data on participants regarding HIV testing and other communicable disease testing, counseling, or other social services;
(5) Assessment of the impact of the program on needle and syringe sharing and other high risk behaviors;
(6) Impact on the transmission of HIV and hepatitis infection among injection drug users and their contacts;
(7) Other data as requested by the Director or Oversight Committee to assess the cost effectiveness and strengths and weaknesses of the program.
Del. Code tit. 29, § 7996 Identification of participants and confidentiality.
(a) Each program participant shall be issued an identification card with an identification number. The identification number shall be cross-indexed to a confidential record containing pertinent data on the participant.
(b) Information obtained by the program that would identify program participants, including program records is:
(1) Confidential;
(2) Not open to public inspection or disclosure; and
(3) Not discoverable in any criminal or civil proceeding.
(c) Upon the written consent of a program participant, information obtained by the program may be released or disclosed to a person or agency as directed by the participant.
(d) If a program participant raises the issue of participation in the program either as a subject matter or legal defense in an administrative, civil, or criminal proceeding, the program participant waives the confidentiality of identity provided under subsections (a) and (b) of this section.
Del. Code tit. 29, § 7997 Office of Financial Empowerment.
(a) The Office of Financial Empowerment is hereby established within the Office of the Secretary, Department of Health and Social Services.
(b) As used in this section:
(1) “Office” means the Office of Financial Empowerment.
(2) “Secretary” means the Secretary of the Department of Health and Social Services.
(c) The Office is established to address financial literacy and empowerment issues for the following purposes:
(1) To facilitate appropriate forums, programs or initiatives designed to educate the public regarding financial literacy and empowerment and provide personal financial coaching to economically vulnerable Delawareans.
(2) To assist the Secretary in identifying, coordinating and establishing priorities for programs, services, and resources the State should provide for financial literacy and personal financial empowerment.
(3) To serve as a resource to a broad variety of organizations in Delaware, including state agencies, employers, educational institutions, and nonprofits, for information and services regarding financial literacy and empowerment.
(4) To provide relevant research information on economic security and financial empowerment and data conducted or compiled by Delaware Health and Social Services and other entities in collaboration with the Department.
(5) To seek funding from private or governmental entities to carry out the purposes of this chapter.
(6) To prepare materials for publication and dissemination to the public on financial literacy and empowerment.
(7) To conduct public educational forums in Delaware to raise public awareness and to educate citizens about financial literacy and empowerment.
(8) To coordinate the activities and programs of the Office with other entities that focus on financial literacy and empowerment, including other state agencies.
(d) The structure of the Office of Financial Empowerment will be determined by the Secretary, and such other employees as shall be determined by the Secretary.
Del. Code tit. 29, § 7998 Purpose; application; definitions.
(a) The purpose of this subchapter is to protect the safety and well-being of children who receive services from the Department of Health and Social Services by requiring individuals who visit children in their homes and in the community or have regular, direct access to children or adolescents under the age of 18 to submit to a criminal background check.
(b) All of the following individuals must submit to a criminal background check:
(1) A current employee, contractor, or volunteer of the Department who has not completed a criminal background check.
(2) A current employee of the Department who is seeking a promotion within the same program or another child-serving program.
(3) An individual seeking to become an employee, contractor, or volunteer of the Department.
(4) A current employee, contractor, or volunteer of the Department who the Department has a reasonable basis to suspect has been arrested for a disqualifying crime since becoming employed or commencing work with the Department.
(5) All students volunteering for the Department, including those completing required clinical hours.
(c) As used in this subchapter:
(1) “Child Protection Registry” means as defined under § 921 of Title 16.
(2) “Criminal background check” means a report of an individual’s federal and state criminal history record from the Delaware State Bureau of Identification and the Federal Bureau of Investigation.
(3) “Conviction” or “convicted” means as defined under § 902 of Title 16.
(4) “Department” means the Department of Health and Social Services.
(5) “Direct access” means the opportunity to have personal, unsupervised contact with persons receiving care or education during the course of one’s assigned duties.
(6) “Disqualifying criminal conviction” means those convictions set forth in § 309(d)(1) of Title 31 and the length of prohibition is the same as that set forth under that paragraph.
(d) This subchapter does not apply to individuals who are otherwise required by state or federal law or regulation to submit to a background check.
Del. Code tit. 29, § 7999 Background checks for employees, contractors, and volunteers of the Department.
(a) An employee, contractor, or volunteer of the Department who visits children in their homes and in the community or has regular, direct access to children or adolescents under the age of 18 is required to obtain a background check.
(b) An individual who has a disqualifying criminal conviction or is on the Child Protection Registry at Level III or Level IV may not be an employee, contractor, or volunteer for the Department in any capacity where that individual would visit children in their home or in the community or have regular, direct access to children or adolescents under the age of 18.
(c) An employer may not employ an employee, contractor, or volunteer for work with the Department, if that individual will visit children in their homes and in the community or have regular, direct access to children or adolescents under the age of 18, before obtaining a criminal background check. The criminal history of any individual not employed directly by the Department must be provided to the Department upon the individual’s commencement of work. The Department shall have the right to review every criminal background check obtained under this subchapter and make its own determination of the individual’s qualification for employment. If the Department determines that an individual has a disqualifying criminal conviction, the individual may not continue in employment.
(d) An employer may conditionally hire an employee, contractor or volunteer covered by this subchapter who has been fingerprinted pending the determination of suitability for employment. An employer may not employ or continue to employ an individual with a disqualifying criminal conviction. Subject to the Department’s right to review every background check obtained under this subchapter, each employer is responsible for making the determination of suitability for employment.
(e) Costs associated with obtaining a criminal background check shall be borne by the employee, contractor, or volunteer or prospective employee, contractor, or volunteer.
(f) The Department shall promulgate regulations to implement this subchapter and may develop rules or procedures governing the authorization of a contractor covered by this subchapter to provide the Department with the results of a background check required under this subchapter at the request of a current or potential employee, volunteer, or contractor.
(g) The State Bureau of Identification shall provide the criminal background information and the Department of Services for Children, Youth and Their Families shall provide the Child Protection Registry check information required by this section to the individual and the employer or prospective employer, unless the Department requires that background checks required under this section be processed through the Background Check Center pursuant to § 7972 of this title. The State Bureau of Identification and the Delaware Justice Information System shall provide all subsequent Delaware criminal history of any individual subject to a background check under this section to the employer or prospective employer. If the “Rap Back System” as defined by § 8502 of Title 11 is available to SBI, SBI shall provide all subsequent criminal history record information available through the Rap Back System to the employer or prospective employer.
Source: DE Code (Official Site)URL: https://delcode.delaware.gov/title29/c079/sc01/index.htmlFetched: 10/4/2026