reglab/housing_qa huggingface dataset:
16 DE Code § 9213. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 92. Delaware Health Facilities Authority|§ 9213. Credit of State not pledged.

§ 9213. Credit of State not pledged. Bonds or notes issued under this chapter shall not be deemed to constitute a debt or liability of the State or of any political subdivisions thereof, other than the Authority, or a pledge of the faith and credit of the State or of any such political subdivision, other than the Authority, but shall be payable solely from the funds herein provided therefor. All such bonds or notes shall contain on the face thereof a statement to the effect that neither the State nor any political subdivision thereof other than the Authority shall be obligated to pay the same or the interest thereon except from revenues of the project or projects or the portion thereof for which they are issued and that neither the faith and credit nor the taxing power of the State or of any political subdivision thereof other than the Authority is pledged to the payment of the principal of or the interest on such bonds. The issuance of bonds under this chapter shall not directly or indirectly or contingently obligate the State or any political subdivision thereof to levy or to pledge any form of taxation whatever therefor, or to make any appropriation for their payment. Nothing contained in this section shall prevent or be construed to prevent the Authority from pledging its full faith and credit or the full faith and credit of a participating facility to the payment of bonds or issue of bonds authorized pursuant to this chapter. 59 Del. Laws, c. 292, §  1;  67 Del. Laws, c. 152, §  3;
16 DE Code § 9215. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 92. Delaware Health Facilities Authority|§ 9215. Trust funds.

§ 9215. Trust funds. All money received pursuant to the authority of this chapter, whether as proceeds from the sale of bonds or as revenues, shall be deemed to be trust funds to be held and applied solely as provided in this chapter. Any officer with whom, or any bank or trust company with which, such money shall be deposited shall act as trustee of such money and shall hold and apply the same for the purposes hereof, subject to such regulations as this chapter and the resolution authorizing the bonds or notes of any issue or the trust agreement securing such bonds or notes may provide. 59 Del. Laws, c. 292, §  1;  67 Del. Laws, c. 152, §  3;
16 DE Code § 9216. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 92. Delaware Health Facilities Authority|§ 9216. Remedies.

§ 9216. Remedies. Any holder of bonds, notes, bond anticipation notes, other notes or other obligations of the Authority issued under this chapter or any of the coupons appertaining thereto, and the trustee or trustees under any trust agreement, except to the extent the right herein given may be restricted by any resolution authorizing the issuance of, or any such trust agreement securing, such bonds or other obligations, may, either at law or in equity, by suit, action, mandamus or other proceedings, protect and enforce any and all rights under the laws of the State or granted hereunder or under such resolution or trust agreement, and may enforce and compel the performance of all duties required by this chapter or by such resolution or trust agreement to be performed by the Authority of any officer, employee or agent thereof, including the fixing, charging and collecting of the rates, rents, fees and charges herein authorized and required by such resolution or trust agreement to be fixed, established and collected. 59 Del. Laws, c. 292, §  1;  67 Del. Laws, c. 152, §  3;
16 DE Code § 9217. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 92. Delaware Health Facilities Authority|§ 9217. Exemption from taxation.

§ 9217. Exemption from taxation. The exercise of the powers granted by this chapter will be in all respects for the benefit of the people of this State, for the increase of their commerce, welfare and prosperity, and for the improvement of their health and living conditions, and as the operation and maintenance of a project by the Authority or its agent or a lessee will constitute the performance of an essential public function, neither the Authority nor its agent nor the lessee shall be subject to provisions of the Constitution of the State required to pay any taxes or assessments upon or in respect of a project or upon any property acquired or used by the Authority or its agent, or the lessee, under this chapter or upon the income therefrom, and any bonds or notes issued under this chapter, their transfer and the income therefrom, shall at all times be free from taxation of every kind by the State and by the municipalities and other political subdivisions in the State. 59 Del. Laws, c. 292, §  1;  67 Del. Laws, c. 152, §  3;
16 DE Code § 9219. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 92. Delaware Health Facilities Authority|§ 9219. Bonds or notes eligible for investment.

§ 9219. Bonds or notes eligible for investment. Bonds or notes issued by the Authority under this chapter are hereby made securities in which all public officers and public bodies of the State and its political subdivisions, all insurance companies, trust companies, savings banks, cooperative banks, banking associations, investment companies, executors, administrators, trustees and other fiduciaries may properly and legally invest funds, including capital in their control or belonging to them. Such bonds or notes are hereby made securities which may properly and legally be deposited with and received by any state or municipal officer or any agency or political subdivision of the State for any purpose for which the deposit of bonds or notes or obligations of the State is now or may hereafter be authorized by law. 59 Del. Laws, c. 292, §  1;  67 Del. Laws, c. 152, §  3;
16 DE Code § 9220. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 92. Delaware Health Facilities Authority|§ 9220. Annual report.

§ 9220. Annual report. Within the first 90 days of each calendar year, the Authority shall make a report to the Governor of its activities for the preceding calendar year. Each such report shall set forth the complete operating and financial statement covering its operations during such year. The Authority shall cause an audit of its books and accounts to be made at least once each year by certified public accountants, and the cost thereof shall be paid by the Authority from funds available to it pursuant to this chapter. 59 Del. Laws, c. 292, §  1;  67 Del. Laws, c. 152, §  3;
16 DE Code § 9221. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 92. Delaware Health Facilities Authority|§ 9221. Continued existence of Authority.

§ 9221. Continued existence of Authority. The Authority and its corporate existence shall continue until terminated by law, provided, however, that no such law shall take effect so long as the Authority shall have bonds, notes or other obligations outstanding, unless adequate provision has been made for the payment thereof. Upon termination of the existence of the Authority, all its rights and properties shall pass to and be vested in the State. 59 Del. Laws, c. 292, §  1;  67 Del. Laws, c. 152, §  3;
16 DE Code § 9222. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 92. Delaware Health Facilities Authority|§ 9222. Additional and alternative method.

§ 9222. Additional and alternative method. The foregoing sections of this chapter shall be deemed to provide a complete, additional and alternative method for the doing of the things authorized thereby and shall be regarded as supplemental and additional to powers conferred by other laws; provided the issuance of bonds or notes and refunding bonds or notes under this chapter need not comply with the requirements of any other law applicable to the issuance of bonds or notes. Except as otherwise expressly provided in this chapter, none of the powers granted to the Authority under this chapter shall be subject to the supervisions or regulation or require the approval or consent of any municipality or political subdivision or any department, division, commission, board, body, bureau, official or agency thereof or of the State. 59 Del. Laws, c. 292, §  1;  67 Del. Laws, c. 152, §  3;
16 DE Code § 9301. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 93. Health Planning and Resources Management|§ 9301. Purpose.

§ 9301. Purpose. It is the purpose of this chapter to assure that there is continuing public scrutiny of certain health-care developments which could negatively affect the quality of health care or threaten the ability of health-care facilities to provide services to the medically indigent. This public scrutiny is to be focused on balancing concerns for cost, access and quality. 61 Del. Laws, c. 393, §  1;  66 Del. Laws, c. 90, §  1;  69 Del. Laws, c. 251, §  1;  70 Del. Laws, c. 446, §  1;  72 Del. Laws, c. 64, §  2;
16 DE Code § 9306. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 93. Health Planning and Resources Management|§ 9306. Review considerations.

§ 9306. Review considerations. In conducting reviews under this chapter, the Board shall consider as appropriate at least the following:  (1) The relationship of the proposal to the Health Resources Management Plan adopted pursuant to § 9303 of this title. Prior to adoption of a Health Resources Management Plan by the Board, the State health plan last in use by the Health Resources Management Council shall comprise such plan; (2) The need of the population for the proposed project; (3) The availability of less costly and/or more effective alternatives to the proposal, including alternatives involving the use of resources located outside the State; (4) The relationship of the proposal to the existing health-care delivery system; (5) The immediate and long-term viability of the proposal in terms of the applicant's access to financial, management and other necessary resources; (6) The anticipated effect of the proposal on the costs of and charges for health care; and (7) The anticipated effect of the proposal on the quality of health care.61 Del. Laws, c. 393, §  1;  66 Del. Laws, c. 90, §  1;  69 Del. Laws, c. 251, §  1;
16 DE Code § 9307. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 93. Health Planning and Resources Management|§ 9307. Period of effectiveness of Certificate of Public Review.

§ 9307. Period of effectiveness of Certificate of Public Review. (a) A Certificate of Public Review shall be valid for 1 year from the date such approval was granted. (b) At least 30 days prior to the expiration of the Certificate of Public Review, the applicant shall inform the Board in writing of the project's status. The Board shall determine if sufficient progress has been made for the Certificate of Public Review to continue in effect. If sufficient progress has not been made, the applicant may request in writing, to the Board, that a 6-month extension be granted. The Board shall either allow the certificate to expire or grant such extension. A decision by the Board to deny an extension may be appealed pursuant to § 9305(8) of this title. 61 Del. Laws, c. 393, §  1;  66 Del. Laws, c. 90, §  1;  69 Del. Laws, c. 251, §  1;  72 Del. Laws, c. 64, §  1;
16 DE Code § 9308. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 93. Health Planning and Resources Management|§ 9308. Sanctions.

§ 9308. Sanctions. (a) Any person undertaking an activity subject to review as described in § 9304 of this title, without first being issued a Certificate of Public Review for that activity, shall have its license or other authority to operate denied, revoked or restricted as deemed appropriate by the responsible licensing or authorizing agency of the State and an order in writing to such effect shall be issued by that licensing or authorizing agency. (b) In addition to subsection (a) of this section, the Board or any adversely affected health care facility may maintain a civil action in the Court of Chancery to restrain or prohibit any person from undertaking an activity subject to review as described in § 9304 of this title without first being issued a Certificate of Public Review. (c) A person who wilfully undertakes an activity subject to review as described in § 9304 of this title and who has not received a Certificate of Public Review for that activity shall be fined not less than $500 nor more than $2,500 for each offense and each day of a continuing violation after notice of violation shall be considered a separate offense. The Superior Court shall have jurisdiction over criminal violations under this subsection. 61 Del. Laws, c. 393, §  1;  66 Del. Laws, c. 90, §  1;  69 Del. Laws, c. 251, §  1;  72 Del. Laws, c. 64, §  1;
16 DE Code § 9309. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 93. Health Planning and Resources Management|§ 9309. Surrender, revocation and transfer of Certificate of Public Review.

§ 9309. Surrender, revocation and transfer of Certificate of Public Review. (a) A Certificate of Public Review may be surrendered by the holder upon written notification to the Board and such surrender shall become effective immediately upon receipt of the Board. (b) A Certificate of Public Review may be revoked by the Board in the case of misrepresentation in the Certificate of Public Review application, failure to comply with conditions established by the Board pursuant to § 9303(d)(2) of this title, failure to undertake the activity for which the Certificate of Public Review was granted in a timely manner or loss of license or other authority to operate. Prior to revoking a Certificate of Public Review, the Board shall provide written notice to the holder of the certificate stating its intent to revoke the certificate and providing the holder at least 30 days to voluntarily surrender the certificate or to show good cause why the certificate should not be revoked. No Certificate of Public Review shall be revoked by the Board without first providing the holder of the certificate an opportunity for a hearing. The Board's decision to revoke a Certificate of Public Review may be appealed pursuant to § 9305(8) of this title. (c) No Certificate of Public Review issued under this chapter, and no rights or privileges arising therefrom, shall be subject to transfer or assignment, directly or indirectly, except upon order or decision of the Board specifically approving the same, issued pursuant to application supported by a finding from the evidence that the public to be served will not be adversely affected thereby. 61 Del. Laws, c. 393, §  1;  66 Del. Laws, c. 90, §  1;  69 Del. Laws, c. 251, §  1;  72 Del. Laws, c. 64, §§  1, 12;
16 DE Code § 9310. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 93. Health Planning and Resources Management|§ 9310. Immunity.

§ 9310. Immunity. No member, officer or employee of the Board, the Bureau or health care facility shall be subject to, and such persons shall be immune from, any claim, suit, liability, damages or any other recourse, civil or criminal, arising from any act or proceeding, decision or determination undertaken or performed, or recommendations made while discharging any duty or authority under this chapter, so long as such person acted in good faith, without malice, and within the scope of such person's duty or authority under this chapter or any other provisions of the Delaware law, federal law or regulations or duly adopted rules and regulations providing for the administration of this chapter, good faith being presumed until proven otherwise, with malice to be shown by the complainant. 61 Del. Laws, c. 393, §  1;  66 Del. Laws, c. 90, §  1;  69 Del. Laws, c. 251, §  1;  70 Del. Laws, c. 186, §  1;
16 DE Code § 9311. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 93. Health Planning and Resources Management|§ 9311. Charity care.

§ 9311. Charity care. Any person subject to a CPR review pursuant to this chapter shall perform and accept within this State charity care to the extent required by the Board to those individuals who meet the criteria for rendering charity care established by the Board, and shall continue to provide charity care in each fiscal year as determined by the Board. The authority to enforce charity care requirements shall rest with the Department of Health and Social Services. 75 Del. Laws, c. 192, §  10;  76 Del. Laws, c. 87, §  3;  77 Del. Laws, c. 132, §  2;
16 DE Code § 9401. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 94. Community-Based Attendant Services|§ 9401. Short title.

§ 9401. Short title. This act may be cited as the “Community-Based Attendant Services Act.” 73 Del. Laws, c. 193, §  1;
16 DE Code § 9402. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 94. Community-Based Attendant Services|§ 9402. Purpose.

§ 9402. Purpose. The purposes of this chapter are as follows:  (1) To minimize the likelihood of institutionalization and maximize the potential for independent living of individuals with disabilities. (2) To establish a statewide consumer-directed attendant support program which promotes self-sufficiency, self-reliance and a sense of personal responsibility among participants. (3) To enhance the continuum of community-based services offered by the State; and (4) To reduce barriers to participation in vocational, educational, social and other common community-based activities.73 Del. Laws, c. 193, §  1;
16 DE Code § 9403. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 94. Community-Based Attendant Services|§ 9403. Definitions.

§ 9403. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. (1) “Attendant services” means those services which compensate for an eligible participant's limitations in performing activities of daily living, self-care or mobility within home or community environments. (2) “Department” means the Department of Health and Social Services. (3) “Eligible participant” means a resident of the State with a severe, chronic mental or physical disability which precludes or significantly impairs the individual's performance of activities of daily living, self-care or mobility within home or community environments. For purposes of this paragraph, a “chronic disability” is a medically determinable impairment which can be expected to last for a continuous period of not less than 12 months. (4) “Program” means the Community-Based Attendant Services Program. (5) “Services” means any of the following support services, whether meeting a basic or ancillary need:  a. Homemaker-type services, including cleaning, laundry, shopping and chores. b. Companion-type services, including transportation, escort and facilitation of written, oral and electronic communication. c. Assistance with cognitive tasks, including bill payment and money management, planning activities and decision-making. d. Assistance with transferring to and from a bed, wheelchair, vehicle, or other environmental setting. e. Help with the use of medical and nonmedical equipment, devices, or assistive technology. f. Assistance with routine bodily functions, including:  1. Health maintenance activities. 2. Bathing and personal hygiene. 3. Bowel or urinary evacuation. 4. Dressing and grooming. 5. Food consumption, preparation, and cleanup. g. Such other support services as may be adopted by the Department through regulation.73 Del. Laws, c. 193, §  1;  80 Del. Laws, c. 63, §  1;
16 DE Code § 9404. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 94. Community-Based Attendant Services|§ 9404. Powers and duties.

§ 9404. Powers and duties. In furtherance of the purposes of this chapter, and within the limits of appropriations and other available funds, the Department shall have the following powers and duties:  (1) Develop and implement a statewide community-based attendant services program either directly or through contractual arrangements with other public or private agencies. (2) Establish and periodically revise an income-based sliding fee schedule for attendant services for eligible participants. (3) Consistent with definitions in § 9403 of this title, clarify program eligibility and the scope of authorized services. (4) Establish program operation standards which ensure prompt determination of applications, periodic review of eligibility, participant satisfaction assessment, an impartial grievance system, and provider incentives to fully implement § 1921(a)(14) and (15) of Title 24. (5) Ensure that the primary program service delivery model is participant-directed and includes the following features:  a. Eligible participant option to hire, supervise, authorize payment to and dismiss attendants. b. Availability of eligible participant training to facilitate adoption of employer role. c. Authorization of eligible participant to act through guardian or appointed representative. (6) Ensure that attendant services are provided in conformity with a written individualized service plan, whose format shall be specifically prescribed by regulation, developed and approved as follows:  a. The plan shall be jointly prepared by the Department and eligible participant, and, in the participant's discretion, other persons with special expertise or interest, including family members. b. The plan shall be based on an individualized needs assessment. c. The contents of the plan shall be fully explained to the eligible participant and implemented only after written endorsement by both the Department and eligible participant. d. In the event that endorsement is withheld, the plan shall be partially implemented in contexts in which consensus is achieved. e. The plan shall describe the nature, frequency and financial aspects of itemized attendant services. f. The plan shall include services onset, review, and ending dates. (7) Prepare an annual report which describes the number of program participants; profiles of participants, including types of disabilities, geographical location and services provided; financial expenditures; participant satisfaction data; and such other information recommended by the Advisory Council. (8) Investigate and assess the availability of federal and other funding to support implementation of this chapter.73 Del. Laws, c. 193, §  1;  80 Del. Laws, c. 63, §  1;
16 DE Code § 9406. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 94. Community-Based Attendant Services|§ 9406. Advisory Council.

§ 9406. Advisory Council. The State Council for Persons with Disabilities, established by § 8210 of Title 29 shall serve as the Advisory Council to the Department in implementing this chapter. In furtherance of this role, the Council shall fulfill the following functions:  (1) Review and comment on regulations, policies, and guidelines issued or proposed by the Department. (2) Review and comment on the Department's annual report developed in conformity with § 9404(7) of this title. (3) Obtain and review information from the Department and other agencies pertaining to program operation, participant satisfaction and unmet needs. (4) Study, research and advise the Department on national studies, projects, trends and funding initiatives pertaining to attendant care. (5) Otherwise assess and assist the Department in implementation of this chapter.73 Del. Laws, c. 193, §  1;  80 Del. Laws, c. 63, §  1;
16 DE Code § 9407. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 94. Community-Based Attendant Services|§ 9407. Regulations.

§ 9407. Regulations. (a) The Department shall prescribe such regulations as may be necessary to fully implement this chapter. (b) Regulations prepared by the Department under this chapter shall be subject to review and comment by the Advisory Council and shall otherwise be promulgated in conformity with the Administrative Procedures Act, Chapter 101 of Title 29. (c) The Department is authorized, by regulation, to incorporate features and components of this chapter. 73 Del. Laws, c. 193, §  1;  80 Del. Laws, c. 63, §  1;