reglab/housing_qa huggingface dataset:
16 DE Code § 1164. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 11. Long-Term Care Facilities and Services.|Subchapter VII. Minimum Staffing Levels for Residential Health Facilities|§ 1164. Nutrition and dietetics staffing.

§ 1164. Nutrition and dietetics staffing. Every residential health facility must at all times provide nutrition and dietetics staffing adequate to meet the care needs of each resident. The staffing level must, at a minimum, include a full-time food service manager. Any food service manager hired after July 1, 2001, must be a registered dietitian or a certified dietitian/nutritionist, a registered dietetic technician, a certified dietary manager, or must have a Bachelor of Science or associate degree in food service management or related field. The educational requirements shall be met provided that if an insufficient pool of applicants exists, other qualifications may be deemed acceptable in accordance with regulations promulgated by the Department. A sub-acute transitional care unit of an acute care hospital with 30 beds or fewer is exempt from the provisions of this subsection provided that other licensed personnel perform the duties of this function. Any full-time food service manager with a minimum of 3 years' experience as a full-time food service manager as of July 1, 2001, shall be exempt from the requirements of this subsection. 72 Del. Laws, c. 490, §  2;  73 Del. Laws, c. 162, §  16;
16 DE Code § 1165. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 11. Long-Term Care Facilities and Services.|Subchapter VII. Minimum Staffing Levels for Residential Health Facilities|§ 1165. Social services staffing.

§ 1165. Social services staffing. All residential health facilities shall employ a full-time social worker, except that facilities licensed for fewer than 100 beds may designate other personnel to assume the duties associated with that position in accordance with the rules and regulation promulgated and adopted pursuant to this subchapter. 72 Del. Laws, c. 490, §  2;
16 DE Code § 1166. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 11. Long-Term Care Facilities and Services.|Subchapter VII. Minimum Staffing Levels for Residential Health Facilities|§ 1166. Medicaid reimbursement.

§ 1166. Medicaid reimbursement. (a) The Medicaid reimbursement program shall be adjusted to reflect costs associated with the increased staffing levels described herein. Reimbursement rates for nursing wages will be adjusted to the seventy-fifth percentile under the current wage determination methodology for primary care under the state Medicaid program. (b) The Department shall ensure that 100% of Medicaid funds paid for primary care are expended by the residential health facility for primary care purposes. If, during any annual cost reporting period, a facility expends less than 100% of the primary care reimbursement it receives from Medicaid for primary care, the sum under-spent must be repaid to the Medicaid program. The repayment will be made through a cost settlement process when the provider files its annual cost report. The Department will revise its regulations and Medicaid cost report forms to require a cost settlement for the primary care reimbursement classification. (c) Medicaid reimbursement of providers shall be consistent with the provisions of this chapter regardless of the payment methodology employed by Medicaid or its contractors, including managed care. 72 Del. Laws, c. 490, §  2;
16 DE Code § 1167. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 11. Long-Term Care Facilities and Services.|Subchapter VII. Minimum Staffing Levels for Residential Health Facilities|§ 1167. Outcomes monitoring.

§ 1167. Outcomes monitoring. In addition to compliance monitoring, the Division shall use data collected by residential health facilities to monitor quality of care and patient outcomes pursuant to § 1162(h) of this title. The Division shall analyze this data in order to help target licensing surveys and inspections. The Department shall promulgate and adopt regulations that define the outcomes monitoring process. 72 Del. Laws, c. 490, §  2;  73 Del. Laws, c. 162, §  17;
16 DE Code § 1168. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 11. Long-Term Care Facilities and Services.|Subchapter VII. Minimum Staffing Levels for Residential Health Facilities|§ 1168. Waiver.

§ 1168. Waiver. A residential health facility may seek from the Delaware Nursing Home Residents Quality Assurance Commission a time-limited waiver of the minimum staffing requirements required under § 1162(c) and (e) of this title. Such waiver will only be granted upon a showing of exigent circumstances, including but not limited to documented evidence of the facility's best efforts to meet the minimum staffing requirements under § 1162(c) and (e) of this title. Any such waiver will be time-limited and will include a plan and a timeline for compliance with this chapter. The Commission may seek input from the Department of Labor in terms of issues of labor availability in connection with any waiver request under this section. 72 Del. Laws, c. 490, §  2;
16 DE Code § 1169. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 11. Long-Term Care Facilities and Services.|Subchapter VII. Minimum Staffing Levels for Residential Health Facilities|§ 1169. Regulations.

§ 1169. Regulations. The Department shall promulgate and adopt rules and regulations to fully and effectively implement the provisions of this subchapter. The regulations will become effective 60 days after adopted by the Department. 72 Del. Laws, c. 490, §  2;
16 DE Code § 1180. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 11. Long-Term Care Facilities and Services.|Subchapter VIII. Nursing Facility Quality Assessment Fund|§ 1180. Definitions.

§ 1180. Definitions. As used in this subchapter:  (1) [Repealed]. (2) “CMS” means as defined in § 6501 of Title 30. (3) “Managed care company under contract to the Medicaid agency” means an entity as defined in § 6501 of Title 30. (4) “Medicaid” means as defined in § 6501 of Title 30. (5) “Medicaid-enrolled nursing facility” means a nursing facility enrolled in the Medicaid program or enrolled with a managed care company under contract to the Medicaid agency for the purpose of providing nursing facility services to Medicaid eligible residents, but excludes the Delaware Veterans Home and any state, federal, or other public government-owned facilities and any facilities that exclusively serve children. (6) “Medicaid resident day” means as defined in § 6501 of Title 30. (7) “Medicaid share of the quality assessment” means for each nursing facility, the assessment cost applicable to Medicaid residents. (8) “Nursing facility” means as defined in § 6501 of Title 30. (9) “Nursing facility services” means as defined in § 6501 of Title 30.78 Del. Laws, c. 286, §  2;  81 Del. Laws, c. 206, § 49;
16 DE Code § 1181. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 11. Long-Term Care Facilities and Services.|Subchapter VIII. Nursing Facility Quality Assessment Fund|§ 1181. Nursing Facility Quality Assessment Fund — Establishment; funding.

§ 1181. Nursing Facility Quality Assessment Fund — Establishment; funding. (a) There shall be established in the State Treasury and in the accounting system of the State a special fund to be known as the Nursing Facility Quality Assessment Fund (the “Fund”). (b) All of the following revenue must be deposited into the Fund:  (1) As specified in § 6502(e)(1) of Title 30, 90% of the quality assessment collected. (2) On the last day of each month, the State Treasurer shall credit the Fund with interest on the average balance in the Fund for the preceding month. The interest to be paid to the Fund must be that proportionate share, during such preceding month, of interest to the State as the Fund's and the State's average balance is to the total State's average balance.78 Del. Laws, c. 286, §  2;  81 Del. Laws, c. 206, § 50;
16 DE Code § 1182. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 11. Long-Term Care Facilities and Services.|Subchapter VIII. Nursing Facility Quality Assessment Fund|§ 1182. Use of Nursing Facility Quality Assessment Fund; payments.

§ 1182. Use of Nursing Facility Quality Assessment Fund; payments. (a) Funds deposited into the Nursing Facility Quality Assessment Fund must be used by the Department exclusively to secure federal matching funds available through the state Medicaid plan and any applicable waivers, and together with the Federal funds must be used exclusively by the Department including any managed care companies under contract to the Medicaid agency to do all of the following:  (1) Provide for per diem rate adjustments in accordance with § 1183 of this title to Medicaid enrolled nursing facilities. (2) Reimburse the Medicaid share of the quality assessment in accordance with § 1183 of this title. (3) Reimburse any funds advanced from the Department Medicaid budget appropriation that were used to make the payments referred to under paragraphs (a)(1) and (2) of this section. (b) If the quality assessment imposed by § 6502 of Title 30 and the payments referred to by paragraphs (a)(1) and (2) of this section are repealed, any funds remaining in the Nursing Facility Quality Assessment Fund must:  (1) First reimburse the Department if the total of all quality assessment payments received from nursing facilities are equal to or less than the state share of all of the payments referred to by paragraphs (a)(1) and (2) of this section made by the Department including managed care companies under contract to the Medicaid agency to nursing facilities. (2) If the total of all quality assessments received is greater than the state share of the payments issued referred to by paragraphs (a)(1) and (2) of this section, the remaining funds must be distributed back to the nursing facilities generally and proportionately on the same basis as the assessments were collected in the last calendar quarter.78 Del. Laws, c. 286, §  2;  81 Del. Laws, c. 206, § 51;
16 DE Code § 1183. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 11. Long-Term Care Facilities and Services.|Subchapter VIII. Nursing Facility Quality Assessment Fund|§ 1183. Nursing facility rate adjustments.

§ 1183. Nursing facility rate adjustments. (a) Medicaid enrolled nursing facilities that are not subject to penalties under § 6503 of Title 30 shall be eligible for per diem rate adjustments referred to by § 1182(a)(1) and (2) of this title. Nursing facilities subject to penalties under § 6503 of Title 30 shall be eligible for per diem rate adjustments only after all penalties and past due quality assessments are paid in full. (b) Effective April 1, 2012, nursing facilities are paid for services rendered to Medicaid patients directly by DHSS as well as by managed care companies under contract to the Medicaid agency. The per diem rate adjustments referred to by § 1182(a)(1) and (2) of this title will be incorporated into the DHSS nursing facility level of reimbursement rate schedules. Unless a facility is subject to penalties as described in subsection (a) of this section, DHSS and the managed care companies will pay no lower than the adjusted per diem rates in these schedules. (c) The rate adjustments referred to by § 1182(a)(1) and (2) of this title shall be a rate paid on a per Medicaid resident day basis. The rate paid will be the same per diem amount for each facility other than the per diem to reimburse the Medicaid share of the assessment. (d) The rate adjustments referred to by § 1182(a)(1) and (2) of this title will be retroactive for dates of service on or after June 1, 2012. Upon CMS notification to DHSS of waiver approval and, if required, state plan amendment approval, the per diem rates in effect as of June 1, 2012, will be increased by the rate adjustments referred to by § 1182(a)(1) and (2) of this title. The retroactive rate adjustments for Medicaid paid claims for service dates between June 1, 2012, and the date of CMS notification of waiver and, if required, plan amendment approval, must be paid within 30 days of CMS approval. 78 Del. Laws, c. 286, §  2;
16 DE Code § 1191. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 11. Long-Term Care Facilities and Services.|Subchapter IX. Criminal Background Checks; Drug Testing — Ppecc|§ 1191. Mandatory drug screening.

§ 1191. Mandatory drug screening. (a) An employer may not employ any applicant without first obtaining the results of that applicant's mandatory drug screening. (b) All applicants must submit to mandatory drug screening, as specified by regulations promulgated by the Department.  (c) The Department shall promulgate regulations regarding the pre-employment screening of all applicants for use of all of the following illegal drugs:  (1) Marijuana/cannabis. (2) Cocaine. (3) Opiates. (4) Phencyclidine (“PCP”). (5) Amphetamines. (6) Any other illegal drug specified by the Department, under regulations promulgated under this section. (d) The employer must provide confirmation of the drug screen in the manner prescribed by the Department's regulations. (e) Any employer who fails to comply with the requirements of this section is subject to a civil penalty of not less than $1,000 nor more than $5,000 for each violation. 81 Del. Laws, c. 206, § 52;
16 DE Code § 1202. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 12. Informed Consent and Confidentiality|Subchapter I. Genetic Information|§ 1202. Informed consent required to obtain genetic information.

§ 1202. Informed consent required to obtain genetic information. (a) No person shall obtain genetic information about an individual without first obtaining informed consent from the individual. (b) The requirements of this section shall not apply to genetic information obtained:  (1) By a state, county, municipal or federal law-enforcement agency for the purposes of establishing the identity of a person in the course of a criminal investigation or prosecution; (2) To determine paternity; (3) Pursuant to the DNA analysis and data bank requirements of § 4713 of Title 29; (4) To determine the identity of deceased individuals; (5) For anonymous research where the identity of the subject will not be released; (6) Pursuant to newborn screening requirements established by state or federal law; or (7) As authorized by federal law for the identification of persons.71 Del. Laws, c. 458, §  2;  78 Del. Laws, c. 277, §  3;
16 DE Code § 1203. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 12. Informed Consent and Confidentiality|Subchapter I. Genetic Information|§ 1203. Authorization to retain genetic information and samples from which genetic information is derived.

§ 1203. Authorization to retain genetic information and samples from which genetic information is derived. (a) No person shall retain an individual's genetic information without first obtaining informed consent from the individual unless:  (1) Retention is necessary for the purposes of a criminal or death investigation or a criminal or juvenile proceeding; (2) Retention is necessary to determine paternity; (3) Retention is authorized by order of a court of competent jurisdiction; (4) Retention is made pursuant to the DNA analysis and data bank requirements of § 4713 of Title 29; (5) Retention of information is for anonymous research where the identity of the subject will not be released; or (6) Retention is pursuant to newborn screening requirements established by state or federal law. (b) The sample of an individual from which genetic information has been obtained shall be destroyed promptly unless:  (1) Retention is necessary for the purposes of a criminal or death investigation or a criminal or juvenile proceeding;  (2) Retention is authorized by order of a court of competent jurisdiction; or (3) Retention is authorized by the individual; or (4) Retention is for anonymous research where the identity of the subject will not be released.71 Del. Laws, c. 458, §  2;  78 Del. Laws, c. 277, §  3;  80 Del. Laws, c. 96, §  2;
16 DE Code § 1204. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 12. Informed Consent and Confidentiality|Subchapter I. Genetic Information|§ 1204. Genetic information access by the subject.

§ 1204. Genetic information access by the subject. An individual promptly upon request, may inspect, request correction of and obtain genetic information from the records of that individual. 71 Del. Laws, c. 458, §  2;  78 Del. Laws, c. 277, §  3;
16 DE Code § 1205. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 12. Informed Consent and Confidentiality|Subchapter I. Genetic Information|§ 1205. Conditions for disclosure to others of genetic information.

§ 1205. Conditions for disclosure to others of genetic information. (a) Regardless of the manner of receipt or the source of genetic information, including information received from an individual, a person shall not disclose or be compelled, by subpoena or any other means, to disclose the identity of an individual upon whom a genetic test has been performed or to disclose genetic information about the individual in a manner that permits identification of the individual, unless:  (1) Disclosure is necessary for the purposes of a criminal or death investigation or a criminal or juvenile proceeding or to protect the interests of an issuer in the detection or prevention of fraud, material misrepresentation or material nondisclosure; (2) Disclosure is necessary to determine paternity; (3) Disclosure is authorized by order of a court of competent jurisdiction; (4) Disclosure is made pursuant to the DNA analysis and data bank requirements of § 4713 of Title 29; (5) Disclosure is authorized by obtaining informed consent of the tested individual describing the information to be disclosed and to whom; (6) Disclosure is for the purpose of furnishing genetic information relating to a decedent for medical diagnosis of blood relatives of the decedent; (7) Disclosure is for the purpose of identifying bodies; (8) Disclosure is pursuant to newborn screening requirements established by state or federal law; (9) Disclosure is authorized by federal law for the identification of persons; or (10) Disclosure is by an insurer to an insurance regulatory authority; (11) Disclosure is authorized in accordance with § 1201(4)c. of this title; or (12) Disclosure is otherwise permitted by law. (b) This section shall apply to any subsequent disclosure by any person after another person has disclosed genetic information or the identity of an individual upon whom a genetic test has been performed. 71 Del. Laws, c. 458, §  2;  78 Del. Laws, c. 277, §  3;  80 Del. Laws, c. 126, §  1;
16 DE Code § 1206. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 12. Informed Consent and Confidentiality|Subchapter I. Genetic Information|§ 1206. Subchapter applicability.

§ 1206. Subchapter applicability. This subchapter applies only to genetic information or samples that can be identified as belonging to an individual or family. This subchapter does not apply to any law, contract or other arrangement that determines a person's rights to compensation relating to substances or information derived from a sample of an individual from which genetic information has been obtained. 71 Del. Laws, c. 458, §  2;  78 Del. Laws, c. 277, §  3;
16 DE Code § 1207. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 12. Informed Consent and Confidentiality|Subchapter I. Genetic Information|§ 1207. Parental rights.

§ 1207. Parental rights. This subchapter does not alter any right of parents or guardians to order medical and/or genetic tests of their children. 71 Del. Laws, c. 458, §  2;  78 Del. Laws, c. 277, §  3;
16 DE Code § 1208. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 12. Informed Consent and Confidentiality|Subchapter I. Genetic Information|§ 1208. Violations, penalties for unlawful disclosure of genetic information, jurisdiction.

§ 1208. Violations, penalties for unlawful disclosure of genetic information, jurisdiction. (a) Any person who wilfully retains an individual's genetic information or retains an individual's sample in violation of this subchapter shall be punished by a fine of not less than $1,000 nor more than $10,000. (b) Any person who wilfully obtains or discloses genetic information in violation of this subchapter shall be punished by a fine not less than $5,000 nor more than $50,000. (c) Any person who wilfully discloses an individual's genetic information in violation of this subchapter, shall be liable to the individual for all actual damages, including damages for economic, bodily or emotional harm which is proximately caused by the disclosure. (d) The Superior Court shall have jurisdiction over all violations of this subchapter. 71 Del. Laws, c. 458, §  2;  78 Del. Laws, c. 277, §  3;
16 DE Code § 1210. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 12. Informed Consent and Confidentiality|Subchapter II. Confidentiality of Personal Health Information|§ 1210. Definitions.

§ 1210. Definitions. As used in this subchapter:  (1) “Expunge” or “expunged” means to permanently destroy, delete or make nonidentifiable. (2) “Informed consent” means a written authorization for the disclosure of protected health information on a form substantially similar to one promulgated by the Department of Health and Social Services which is signed in writing or electronically by the individual who is the subject of the information. This authorization shall be dated and shall specify to whom the disclosure is authorized, the general purpose for such disclosure, and the time period in which the authorization for the disclosure is effective. (3) “Legitimate public health purpose” means a population-based activity or individual effort primarily aimed at the prevention of injury, disease, or premature mortality or the promotion of health in the community, including all of the following:  a. Assessing the health needs of the community through public health surveillance and epidemiological research. b. Developing public health policy. c. Responding to public health needs and emergencies. d. Review by the Child Death Review Commission or the Child Protection Accountability Commission. e. Requests for hospital records by the Division of Health Care Quality pursuant to § 1212 of this title. f. Review by the Drug Overdose Fatality Review Commission. (4) “Protected health information” means any information, whether oral, written, electronic, visual, pictorial, physical or any other form, that relates to an individual's past, present or future physical or mental health status, condition, treatment, service, products purchased, or provision of care and that reveals the identity of the individual whose healthcare is the subject of the information, or about which there is a reasonable basis to believe such information could be utilized (either alone or with other information that is or should reasonably be known to be available to predictable recipients of such information) to reveal the identity of that individual. (5) “Research” means a systematic investigation, including research development, testing and evaluation, designed to develop or contribute to generalizable knowledge.73 Del. Laws, c. 355, §  12;  75 Del. Laws, c. 361, §  4;  75 Del. Laws, c. 387, §  3;  77 Del. Laws, c. 307, §  1;  78 Del. Laws, c. 277, §  3;  80 Del. Laws, c. 187, §  10;  81 Del. Laws, c. 94, §  1;  81 Del. Laws, c. 209, § 6;