reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 16 - Health and Safety › Chapter 87. ELEVATORS › § 8702. Compliance; penalties.

§ 8702. Compliance; penalties.
(a) Every elevator subject to this section shall have 6 months from July 25, 1996, to comply with the provisions hereof.
(b) No certificate of occupancy shall be issued to any building not exempt from this section containing an elevator that does not comply with this section, and no permit or license to operate an elevator subject to this section shall be issued or renewed if such elevator does not comply with this section.
(c) The owner of any elevator subject to this section that does not comply with this section shall be fined $1,000 for each 1 year, or part thereof, for which such noncompliance exists.
70 Del. Laws, c. 578, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 88. STUDENT DORMITORIES AND STUDENT RESIDENTIAL HOUSING FIRE SUPPRESSION SYSTEMS › § 8801. Legislative findings; purpose.

§ 8801. Legislative findings; purpose.
The General Assembly finds and declares that:
(1) Education plays a vital role in the economic development of the nation and the State by providing the education and training of the work force of the future;
(2) The safety of students housed in dormitories at boarding schools and at institutions of higher education is a vital concern, as these students represent our State's and our country's future;
(3) Automatic fire suppression systems installed in buildings within the State have been a very effective method of preventing injury, death and widespread property damaged; and
(4) It shall be deemed to be in the public interest and to have a public purpose to construct, reconstruct or renovate, develop and/or improve dormitory safety facilities, including fire prevention, smoke and fire alarms, and sprinkler systems.
73 Del. Laws, c. 391, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 88. STUDENT DORMITORIES AND STUDENT RESIDENTIAL HOUSING FIRE SUPPRESSION SYSTEMS › § 8802. Definitions.

§ 8802. Definitions.
(a) “Common areas” mean those areas within a building which are normally accessible to all residents, including the corridors, and lounge or lobby areas, and areas which contain elements of fire hazards, such as boiler rooms or storage areas.
(b) “Dormitories” shall mean buildings or portions thereof containing rooms which are provided as residences for overnight sleeping for individuals and all residential occupancies for student housing owned by the schools, colleges or universities. This definition does not apply to residential occupancies used exclusively for staff or faculty residences.
(c) “Equipped throughout” means installed in the common areas as well as in the areas utilized for sleeping within a dormitory.
73 Del. Laws, c. 391, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 88. STUDENT DORMITORIES AND STUDENT RESIDENTIAL HOUSING FIRE SUPPRESSION SYSTEMS › § 8803. Dormitories to have automatic fire suppression systems, compliance rate.

§ 8803. Dormitories to have automatic fire suppression systems, compliance rate.
All buildings used as dormitories, in whole or in part, to house students at a public or private school or public or private institution of higher education within the State shall be equipped throughout with an automatic fire suppression system in accord with the provisions of this chapter by July 9, 2009. This provision also requires the retrofitting of all existing buildings used as dormitories, in whole or in part, which do not have an existing automatic fire suppression system by July 9, 2009.
73 Del. Laws, c. 391, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 88. STUDENT DORMITORIES AND STUDENT RESIDENTIAL HOUSING FIRE SUPPRESSION SYSTEMS › § 8804. Rules and regulations promulgation by State Fire Prevention Commission.

§ 8804. Rules and regulations promulgation by State Fire Prevention Commission.
All fire protection systems as required under the provisions of this chapter shall meet the minimum standards and specifications of the State Fire Prevention Regulations as promulgated by the State Fire Prevention Commission.
73 Del. Laws, c. 391, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 88. STUDENT DORMITORIES AND STUDENT RESIDENTIAL HOUSING FIRE SUPPRESSION SYSTEMS › § 8805. Office of the State Fire Marshal to assist with plan review and technical assistance.

§ 8805. Office of the State Fire Marshal to assist with plan review and technical assistance.
The office of the State Fire Marshal shall assist educational institutions with dormitories in their compliance with this act in accord with § 6612(l)(1)b. of this title.
73 Del. Laws, c. 391, §  1;  77 Del. Laws, c. 444, §  4;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 88. STUDENT DORMITORIES AND STUDENT RESIDENTIAL HOUSING FIRE SUPPRESSION SYSTEMS › § 8806. Automatic fire suppression system; penalties for noncompliance.

§ 8806. Automatic fire suppression system; penalties for noncompliance.
Each owner of a dormitory required to comply under this chapter who wilfully fails to comply with the installation of automatic fire systems pursuant to this chapter, whether an individual or body corporate, shall be fined not less than $100 nor more than $500 for each offense. The Justice of the Peace Courts shall have jurisdiction over any violations of this chapter.
73 Del. Laws, c. 391, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 88. STUDENT DORMITORIES AND STUDENT RESIDENTIAL HOUSING FIRE SUPPRESSION SYSTEMS › § 8807. Exceptions, claims of negligence.

§ 8807. Exceptions, claims of negligence.
Failure to comply with this chapter shall not be considered as evidence of either contributory or comparative negligence in any civil suit or insurance claim adjudication arising out of injury or death arising from a fire or the direct consequences of a fire; nor shall failure to comply with this chapter to be admissible as evidence in any trial of any civil action or insurance claim.
73 Del. Laws, c. 391, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 90. HEALTH FACILITIES SUBSIDY FUND › § 9001. Created; purpose.

§ 9001. Created; purpose.
There is hereby created a special fund of the State designated the “Health Facilities Subsidy Fund.” The Fund is created to provide a source of financial assistance to health facilities corporations in connection with loans obtained with the assistance of the Delaware Health Facilities Authority for eligible projects.
16 Del. C. 1953, §  9010;  56 Del. Laws, c. 363;  58 Del. Laws, c. 503, §  1;  59 Del. Laws, c. 455, §  4;  64 Del. Laws, c. 463, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 90. HEALTH FACILITIES SUBSIDY FUND › § 9002. Definitions.

§ 9002. Definitions.
As used in this chapter, the following terms shall have the following meanings:
(1) “Board” shall mean the State Board of Health and any successor to the board exercising the powers granted the Board by this chapter.
(2) “Eligible project” shall mean any health facility which has been approved by the Board pursuant to this chapter, or any refinancing of bonds or notes issued by the Delaware Health Facilities Authority for the benefit of a health facility.
(3) “Health facilities corporation” shall mean a nonprofit corporation organized and existing under the laws of the State for the purpose of owning and operating 1 or more health facilities.
(4) “Health facility” shall mean a facility, located in the State, owned and operated by a health facilities corporation, providing general medical, surgical and emergency treatment to the public.
(5) “Issuing officers” shall mean the Governor, the Secretary of State and the State Treasurer as defined in § 7401 of Title 29.
(6) “Subsidy contract” shall mean a contract by the State, approved by the issuing officers, providing a subsidy to a health facilities corporation.
16 Del. C., §  9001;  56 Del. Laws, c. 363;  59 Del. Laws, c. 455, §  3;  64 Del. Laws, c. 463, §  1;  65 Del. Laws, c. 125, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 90. HEALTH FACILITIES SUBSIDY FUND › § 9003. Subsidy contract — Application.

§ 9003. Subsidy contract — Application.
A written application by a health facilities corporation for a subsidy contract shall be submitted to the Department. The Department or, in the discretion of the Department, the Health Facilities Planning Council, Inc., shall review the application and make a recommendation to the issuing officers to approve or disapprove a subsidy contract. No subsidy contract shall be approved by the issuing officers without the favorable recommendation of the Department.
16 Del. C. 1953, §  9002;  56 Del. Laws, c. 363;  59 Del. Laws, c. 455, §§  4, 5;  64 Del. Laws, c. 463, §  1;  70 Del. Laws, c. 149, §  200;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 90. HEALTH FACILITIES SUBSIDY FUND › § 9004. Subsidy contract — Department determination of eligibility.

§ 9004. Subsidy contract — Department determination of eligibility.
The Department shall consider each application for a subsidy contract. The Department shall either recommend or disapprove each such application and advise the issuing officers of its decision. No favorable recommendation shall be made by the Department unless the Department shall find and determine that:
(1) The applicant is a health facilities corporation;
(2) The health facilities corporation is in sound financial condition and is reasonably expected to remain in sound financial condition during the term of the subsidy contract;
(3) There exists a need for the health facility for which the subsidy contract is sought, taking into account the existing and planned health facilities in the State; and
(4) The health facilities corporation has a managerial, administrative and medical staff that has conformed, or, in the case of a health facilities corporation that has not commenced operation of a health facility, is reasonably expected to conform to standards of professional integrity and ability that may reasonably be required by the State.
The Department may obtain assistance from other State agencies, from the federal government and from private sources in making the foregoing determinations. The Department may also employ experts to assist it.
16 Del. C. 1953, §§  9003, 9004;  56 Del. Laws, c. 363;  59 Del. Laws, c. 455, §  4;  64 Del. Laws, c. 463, §  1;  70 Del. Laws, c. 149, §  201;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 90. HEALTH FACILITIES SUBSIDY FUND › § 9005. Subsidy contract — Authorization; conditions for payments.

§ 9005. Subsidy contract — Authorization; conditions for payments.
(a) The issuing officers, upon receipt of a written favorable recommendation from the Department, shall determine the amount, terms, form and content of the subsidy contract. In making their determination, the issuing officers shall not approve a subsidy contract unless the reasonably expected cost of the eligible project, as determined by the Department, does not exceed the sum of $5,000,000; provided, however, that if the cost of such eligible project does exceed this amount, the issuing officers shall approve a subsidy contract for the first $5,000,000 of cost of the eligible project.
(b) The subsidy contract shall provide for payments on an annual basis in an amount not to exceed the difference between the yield on the loan obtained through the Delaware Health Facilities Authority and 25 basis points above the yield on the immediately preceding issue of state general obligation bonds. The issuing officers may, however, take into account in determining the yield, the amount of loan closing costs, if any, incurred by the health facilities corporation that could have been avoided if the loan were being made by the State. The determinations of yield by the issuing officers shall be conclusive.
16 Del. C. 1953, §  9005;  56 Del. Laws, c. 363;  57 Del. Laws, c. 655;  58 Del. Laws, c. 405;  59 Del. Laws, c. 455, §  4;  64 Del. Laws, c. 463, §  1;  70 Del. Laws, c. 149, §  202;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 90. HEALTH FACILITIES SUBSIDY FUND › § 9006. Subsidy contract — Pledge of support; terms; records; release of mortgages securing outstanding loans.

§ 9006. Subsidy contract — Pledge of support; terms; records; release of mortgages securing outstanding loans.
A subsidy contract shall be entered into by the issuing officers on behalf of the State. The subsidy contract shall contain a pledge by the State to make payments, in the amount provided by the subsidy contract, from the Health Facilities Subsidy Fund, to the health facilities corporation from money on deposit in such Fund. No subsidy contract shall be entered into by the issuing officers unless they reasonably determine that the amounts from interest earned or profit realized in the Fund will be available to meet annual payments under the subsidy contract as they become due and payable. The issuing officers shall maintain records of all payments made and all payments owing under subsidy contracts. The issuing officers shall have the power to grant releases or satisfactions of mortgages granted to secure loans made from the Health Facility Construction Fund, provided that the Governor shall execute such release or satisfaction.
16 Del. C. 1953, §§  9006, 9007;  56 Del. Laws, c. 363;  59 Del. Laws, c. 455, §  4;  64 Del. Laws, c. 463, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 90. HEALTH FACILITIES SUBSIDY FUND › § 9007. Repayment of outstanding loans.

§ 9007. Repayment of outstanding loans.
Repayment of all outstanding loans made from the “Health Facility Construction Fund” (established pursuant to 59 Del. Laws, c. 455), or predecessor funds, shall continue to be made to the Board. The Board shall inform the issuing officers of all payments received and shall provide the issuing officers with other information required to carry out the purposes of this chapter. Repayments of interest on such loans shall be immediately transferred to the General Fund of the State. Principal payments of such loans shall be deposited in the Health Facilities Subsidy Fund until the principal in such Fund, to include the accrued earnings credited to principal as provided in § 9008 of this title, has reached the sum of $4,000,000. Thereafter, upon certification by the State Treasurer that the Fund has been capitalized pursuant to this section, future principal repayments of loans from the Health Facility Construction Fund shall be deposited in the State Treasurer's Bond Reversion Account.
16 Del. C. 1953, §§  9005, 9011;  56 Del. Laws, c. 363;  57 Del. Laws, c. 655;  58 Del. Laws, c. 405;  58 Del. Laws, c. 503, §  2;  59 Del. Laws, c. 455, §  4;  64 Del. Laws, c. 463, §  1;  65 Del. Laws, c. 125, §  2;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 90. HEALTH FACILITIES SUBSIDY FUND › § 9008. Management of Fund.

§ 9008. Management of Fund.
The Health Facilities Subsidy Fund shall be managed by the State Treasurer in conformance with policies promulgated by the Cash Management Policy Board (established pursuant to § 2716 of Title 29). Interest earned or profit realized from investment of money on deposit in the Health Facilities Subsidy Fund shall be retained in such Fund.
64 Del. Laws, c. 463, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 90. HEALTH FACILITIES SUBSIDY FUND › § 9009. Eligibility for early repayment.

§ 9009. Eligibility for early repayment.
If any health facility which has incurred any obligation to the State through loans from the Health Facility Construction Fund chooses to accelerate the repayments of all or a portion of its indebtedness to the State, and chooses to finance its accelerated repayment through funds raised by debt issued through the Delaware Health Facilities Authority or any other debt instrument duly obligating the health facility, the State is hereby authorized to accept as satisfaction for that obligation an amount equal to all accrued interest, to the date of repayment, plus a principal amount equal to the future principal payments (or the portion thereof to be prepaid) on the Health Facility Construction Loan, discounted to their present value at the net interest cost of the new borrowing. In such case, the health facility shall not be eligible for a subsidy contract on that portion of its borrowing from the Health Facilities Authority or other creditor which is used to prepay its loan or loans from the Health Facility Construction Fund. Such payments of principal and interest shall be credited to the various funds and accounts of the State as specified in §§ 9007 and 9008 of this title.
65 Del. Laws, c. 125, §  3;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 92. DELAWARE HEALTH FACILITIES AUTHORITY › § 9201. Declaration of policy.

§ 9201. Declaration of policy.
It is hereby declared that for the benefit of the people of the State, the increase of their commerce, welfare and prosperity and the improvement of their health and living conditions, it is essential that health care facilities within the State be provided with appropriate additional means to expand, enlarge and establish health care, hospital and other related facilities; and that it is the purpose of this chapter to provide a measure of assistance and an alternative method to enable facilities in the State to provide the facilities and structures which are sorely needed to accomplish the purposes of this chapter, all to the public benefit and good, to the extent and manner provided herein.
59 Del. Laws, c. 292, §  1;  67 Del. Laws, c. 152, §  3;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 92. DELAWARE HEALTH FACILITIES AUTHORITY › § 9206. Source of payment of expenses.

§ 9206. Source of payment of expenses.
All expenses incurred in carrying out this chapter shall be payable solely from funds provided under the authority of this chapter and no liability or obligation shall be incurred by the Authority hereunder beyond the extent to which money shall have been provided under this chapter.
59 Del. Laws, c. 292, §  1;  67 Del. Laws, c. 152, §  3;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 92. DELAWARE HEALTH FACILITIES AUTHORITY › § 9207. Acquisition of property.

§ 9207. Acquisition of property.
The Authority is authorized and empowered, directly or by and through a participating facility, as its agent, to acquire by purchase solely from funds provided under the authority of this chapter, or by gift or devise, such lands, structures, property, real or personal, rights, rights-of-way, air rights, franchises, easements and other interests in lands, including lands lying under water and riparian rights, which are located within the State as it may deem necessary or convenient for the acquisition, construction or operation of a project, upon such terms and at such prices as may be considered by it to be reasonable and can be agreed upon between it and the owner thereof, and to take title thereto in the name of the Authority, or in the name of 1 or more participating facilities as its agent.
59 Del. Laws, c. 292, §  1;  67 Del. Laws, c. 152, §  3;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 92. DELAWARE HEALTH FACILITIES AUTHORITY › § 9208. Title to projects.

§ 9208. Title to projects.
When the principal of an interest on bonds of the Authority issued to finance the cost of a particular project or projects for 1 or more participating facilities, including any refunding bonds issued to refund and refinance such bonds, have been fully paid and retired or when adequate provisions have been made to fully pay and retire the same, and all other conditions of the resolution or trust agreement authorizing and securing the same have been satisfied and the lien of such resolution or trust agreement has been released in accordance with the provisions thereof, the Authority shall promptly do such things and execute such deeds and conveyances as are necessary and required to convey title to such project or projects to such participating facility or facilities, all to the extent that title to such project or projects is not, at the time, vested in such participating facility or facilities.
59 Del. Laws, c. 292, §  1;  67 Del. Laws, c. 152, §  3;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 92. DELAWARE HEALTH FACILITIES AUTHORITY › § 9209. Release of collateral.

§ 9209. Release of collateral.
When the principal of and interest on bonds of the Authority issued to finance the cost of a particular project or projects for a participating facility, including any refunding bonds issued to refund and refinance such bonds, have been fully paid and retired or when adequate provision has been made to fully pay and retire the same, and all other conditions of the resolution or trust agreement authorizing and securing the same have been satisfied and the lien of such resolution or trust agreement has been released in accordance with the provisions thereof, the Authority shall promptly do such things and execute such releases and documents as are necessary and required to release securities held as collateral by a trustee or trustees pursuant to the trust agreement to such participating facility, which facility had pursuant to the trust agreement, deposited and turned over such securities to a trustee or trustees in order to assure the full payment and retirement of said bonds, free and clear of all liens and encumbrances, all to the extent that title to such securities shall not, at the time, then be vested in such participating facility.
59 Del. Laws, c. 292, §  1;  67 Del. Laws, c. 152, §  3;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 92. DELAWARE HEALTH FACILITIES AUTHORITY › § 9210. Notes of the Authority.

§ 9210. Notes of the Authority.
The Authority may from time to time issue negotiable notes for any corporation purpose and may from time to time renew any notes by the issuance of new notes, whether the notes to be renewed have or have not matured. The Authority may issue notes partly to renew notes or to discharge other obligations then outstanding and partly for any other purpose. The notes may be authorized, sold, executed and delivered in the same manner as bonds. Any resolution or resolutions authorizing notes of the Authority or any issue thereof may contain any provisions which the Authority is authorized to include in any resolution or resolutions authorizing revenue bonds of the Authority or any issue thereof, and the Authority may include in any notes any terms, covenants or conditions which it is authorized to include in any bonds. Such resolution or resolutions may delegate to any combination of 3 of the following, the executive director, assistant executive director, treasurer or any member of the Authority, the power to determine any of the details of the notes and to award such notes to a purchaser or purchasers. All such notes shall be payable solely from the revenues of the Authority, subject only to any contractual rights of the holders of any of its notes, and subject to any agreements with any participating facility.
59 Del. Laws, c. 292, §  1;  67 Del. Laws, c. 152, §  3;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 92. DELAWARE HEALTH FACILITIES AUTHORITY › § 9212. Trust agreement.

§ 9212. Trust agreement.
In the discretion of the Authority any bonds issued under this chapter may be secured by a trust agreement by and between the Authority and a corporate trustee or trustees, which may be any trust company or bank having the powers of a trust company within the State. Such trust agreement or the resolution providing for the issuance of such bonds may pledge or assign the revenues to be received or proceeds of any contract or contracts pledged and may convey or mortgage the project or any portion thereof. Such trust agreement or resolution providing for the issuance of such bonds may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including particularly such provisions as have hereinabove been specifically authorized to be included in any resolution or resolutions of the Authority authorizing bonds thereof. Any bank or trust company incorporated under the laws of the State which may act as depository of the proceeds of bonds or of revenues or other moneys may furnish such indemnifying bonds or pledge such securities as may be required by the Authority. Any such trust agreement may set forth the rights and remedies of the bondholders and of the trustee or trustees, and may restrict the individual right of action by bondholders. In addition to the foregoing, any such trust agreement or resolution may contain such other provisions as the Authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust agreement or resolution may be treated as a part of the cost of the operation of a project.
59 Del. Laws, c. 292, §  1;  67 Del. Laws, c. 152, §  3;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;