Page 26 - Delaware Medical Journal - May 2016

HOUSE BILLS
BILL NUMBER
SUMMARY
STATUS
HB 157 w/HA 1 (Matthews)
As more services move outside of hospital walls, it is necessary to clearly define the scope of services offered in outpatient settings. Citizens of Delaware cannot be expected to discern the differences in levels of care offered in outpatient facilities. The levels of care and scope of practice must be clearly defined so that citizens seek care at a facility offering the services needed. Current literature makes it clear that any freestanding emergency department must be required to meet the same standards as a hospital emergency department. This legislation will update the Delaware Code and provide a level of protection for the public that would seek services in a freestanding emergency department by clearly defining the scope of practice.
July 27, 2015 – Signed by Governor
HB 159 (Barbieri)
This Act lowers the required number of affirmative votes necessary to waive a disqualifying event
for a new applicant for licensure with the Delaware Board of Medical Licensure and Discipline from twelve members to nine members. Nine members constitute a quorum of the Board. The Board has had to table numerous applications in 2013 and 2014 due to not having twelve members present at a given meeting to consider pending applications.
July 10, 2015 – Signed by Governor
HB 166 (B. Short)
The purpose of this bill is to allow injured workers who seek medical care from out-of-state, non-certified health care providers, in the payment of their medical expenses. This revision will correct a flaw in the current statute that was exposed by the Delaware Supreme Court in the case of Wyatt v. Rescare Home Care, 81 A. 3d 1253 (Del. 2013) and Vanvliet v. D&B Transportation, 105 A.3d 390 (Del. 2014.). This
bill removes the certification requirement for health care providers who are not licensed in Delaware, but licensed in another state; changes the allowable payment for these non-certified, out-of-state providers to the lesser of the usual and customary, the other state’s maximum reimbursement, Delaware’s maximum reimbursement, or a negotiated contract; and adds utilization review as a payer recourse for non-certified, out-of-state providers. This bill also allows the Workers’ Compensation Oversight Panel to realize the 2016 and 2017 mandated medical cost savings in the Delaware workers’ compensation system through any component of the health care payment system and not just the fee schedule. This bill also allows the Workers’ Compensation Oversight Panel to create regulations pertaining to the use of electronic billing in the workers’ compensation healthcare payment system.
July 27, 2015 – Signed by Governor
HB 205 (Barbieri)
The bill updates the provisions of existing Delaware law under the Uniform Anatomical Gift Act to provide consistency with federal law, ensure clinical best practices and to facilitate increased donor designation rates.
September 03, 2015 – Signed by Governor
HB 219 (M. Smith)
This bill requires that health insurance offered in this state provide coverage for in vitro fertilization for persons who, along with their partner, are genetic carriers for spinal muscular atrophy or cystic fibrosis. Coverage must be offered to the same extent as all other pregnancy related benefits.
Jan 13, 2016 – Out of Committee
HB 239 (Dukes)
This bill creates the crime of Drug Dealing – Resulting in Death. The purpose of this bill is to address the recent spike in deaths resulting from substances such as heroin and fentanyl.
Jan 27, 2016 – Out of Committee
HB 267 (B. Short)
This Bill limits a health insurer’s right to overpayment recovery to two years from the date of the original payment. The time limit does not apply where there is fraud or other intentional misconduct, when overpayment recovery is initiated by a self-insured plan, or where required by a federal or state plan. The bill also requires 30 days’ notice to healthcare providers regarding an attempt to recover overpayment as well as requiring insurers to have policies and procedures allowing challenge to the alleged overpayment
March
09, 2016 – Out of Committee
HB 268 (M. Smith)
This non-punitive, public health-oriented bill seeks to codify certain sections of the federal law known as the Child Abuse Prevention and Treatment Act (“CAPTA”) that requires States to have policies and procedures in place to address the needs of infants born with and identified as being affected by illegal substance abuse or withdrawal symptoms resulting from prenatal drug exposure, or a Fetal Alcohol Spectrum Disorder, including a requirement that healthcare providers involved in the delivery or care of such infants notify the child protective services system.
March 03, 2016 – Assigned to Committee
HB 291 (Schwartzkopf)
This Act is the result of the findings of the Lyme Disease Task Force (“the Task Force”). On June 1, 2015, the Task Force issued a report that made several recommendations to address this critical health threat which is unique to Delawareans, including the creation of the Lyme Disease Education Oversight Board (“the Board”), which is tasked with the following: Educating health care professionals to develop a high index of suspicion for Lyme disease, because Delaware is in an endemic area for the disease. Educating health care professionals that Lyme disease can be diagnosed clinically based on history and physical examination, and serologic antibody testing can confirm, but is not required to make, a clinical diagnosis. Encouraging continuing medical education credits and nursing continuing education units regarding Lyme disease and make the topic enticing to encourage health care professionals to attend such courses as soon as they are available.
March 16, 2016 – Assigned to Committee
154 Del Med J | May 2016 | Vol. 88 | No. 5