reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 16 - Health and Safety › Chapter 11. Long-Term Care Facilities and Services › Subchapter III. Abuse, Neglect, Mistreatment, Financial Exploitation, or Medication Diversion of Patients or Residents › § 1133. Contents of reports.

§ 1133. Contents of reports.
The reports required under this subchapter must contain all of the following information:
(1) The name and sex of the patient orresident.
(2) The name and address of the facility in which the patient or resident resides.
(3) The age of the patient or resident, if known.
(4) The name and address of the reporter and where the reporter can be contacted.
(5) Any information relative to the nature and extent of the abuse, neglect, mistreatment, financial exploitation, or medication diversion and, if known to the reporter, any information relative to prior abuse, neglect, mistreatment, financial exploitation, or medication diversion of the patient or resident.
(6) The circumstances under which the reporter became aware of the abuse, neglect, mistreatment, financial exploitation, or medication diversion.
(7) What action, if any, was taken to treat or otherwise assist the patient or resident.
(8) Any other information which the reporter believes to be relevant in establishing the cause of the abuse, neglect, mistreatment, financial exploitation, or medication diversion.
65 Del. Laws, c. 442, §  1;  70 Del. Laws, c. 186, §  1;  81 Del. Laws, c. 206, § 34;  83 Del. Laws, c. 22, § 4;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 11. Long-Term Care Facilities and Services › Subchapter III. Abuse, Neglect, Mistreatment, Financial Exploitation, or Medication Diversion of Patients or Residents › § 1135. Immunities and other protections.

§ 1135. Immunities and other protections.
(a) A person making any oral or written report under this subchapter is not liable in any civil or criminal action by reason of the report where the report was made in good faith or under the reasonable belief that the abuse, neglect, mistreatment, financial exploitation, or medication diversion has occurred.
(b) A facility may not discharge, or in any manner discriminate or retaliate against any person, by any means whatsoever, who in good faith makes or causes to be made, a report under this subchapter, or who testifies or who is about to testify in any proceeding concerning abuse, neglect, mistreatment, financial exploitation, or medication diversion of patients or residents.
(c) Any facility which discharges, discriminates, or retaliates against a person because the person reports, testifies, or is about to testify concerning abuse, neglect, mistreatment, financial exploitation, or medication diversion of patients or residents is liable to the person for treble damages, costs, and attorney fees. If a facility discharges, demotes, or retaliates by any other means against a person after the person makes a report, testifies, or is subpoenaed to testify as a result of a report authorized under this subchapter, there is a rebuttable presumption that the facility discharged, demoted, or retaliated against the person as a result of the report or testimony.
(d) This section does not apply to any person who has engaged in the abuse, neglect, mistreatment, financial exploitation, or medication diversion of a patient or resident.
65 Del. Laws, c. 442, §  1;  70 Del. Laws, c. 186, §  1;  77 Del. Laws, c. 201, §§  15, 16;  81 Del. Laws, c. 206, § 36;  83 Del. Laws, c. 22, § 6;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 11. Long-Term Care Facilities and Services › Subchapter III. Abuse, Neglect, Mistreatment, Financial Exploitation, or Medication Diversion of Patients or Residents › § 1136. Violations.

§ 1136. Violations.
(a) Any person who knowingly or recklessly abuses, mistreats, or neglects a patient or resident is guilty of a class A misdemeanor.
(1) If the abuse involves sexual contact such person is guilty of a class G felony.
(2) If the abuse, mistreatment, or neglect results in serious physical injury, sexual penetration, or sexual intercourse, such person is guilty of a class C felony.
(3) If the abuse, mistreatment, or neglect results in death, then the person is guilty of a class A felony.
(b) Any person who knowingly causes medication diversion of a patient or resident,is guilty of the following:
(1) A class G felony.
(2) A class F felony, if committed by a health-care professional.
(c) Any person who knowingly commits financial exploitation of a patient's or resident's resources is guilty of the following:
(1) A class A misdemeanor if the value of the resources is less than $1,000.
(2) A class G felony if the value of the resources is $1,000 or more.
(d) Any member of the board of directors or a high managerial agent who knows that patients or residents of the facility are being abused, mistreated, neglected, or financially exploited or are the victim of medication diversion and fails to promptly take corrective action is guilty of a class A misdemeanor.
(e) Nothing in this section precludes a separate charge, conviction, and sentence for any other crime under this title or this Code.
65 Del. Laws, c. 442, §  1;  72 Del. Laws, c. 120, §§  5, 6;  78 Del. Laws, c. 30, §§  2, 3;  79 Del. Laws, c. 193, §  2;  81 Del. Laws, c. 206, § 37;  83 Del. Laws, c. 22, § 7;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 11. Long-Term Care Facilities and Services › Subchapter III. Abuse, Neglect, Mistreatment, Financial Exploitation, or Medication Diversion of Patients or Residents › § 1137. Suspension or revocation of license for violation by licensed or registered professional.

§ 1137. Suspension or revocation of license for violation by licensed or registered professional.
On a finding of abuse, neglect, mistreatment, or medication diversion by a licensed or registered professional, or a licensed or registered professional's failure to report abuse, neglect, mistreatment, or medication diversion by a licensed or registered professional, the Department or the Attorney General's Office shall notify the appropriate licensing or registration board. If, after a hearing, a licensed or registered professional is found to have abused, neglected, or mistreated, or committed medication diversion against, a patient or resident or has failed to report abuse, neglect, mistreatment, or medication diversion, the appropriate board shall suspend or revoke the licensed or registered professional's license.
65 Del. Laws, c. 442, §  1;  83 Del. Laws, c. 22, § 8;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 11. Long-Term Care Facilities and Services › Subchapter III. Abuse, Neglect, Mistreatment, Financial Exploitation, or Medication Diversion of Patients or Residents › § 1138. Suspension or revocation of license for violation by facility.

§ 1138. Suspension or revocation of license for violation by facility.
On a finding that abuse, neglect, mistreatment, financial exploitation, or medication diversion has occurred in a facility, if it is determined that a member of the board of directors or a high managerial agent knew that patients or residents were abused, neglected, mistreated, or financially exploited or the victim of medication diversion and failed to promptly take corrective action, the Department must suspend or revoke the facility's license.
65 Del. Laws, c. 442, §  1;  81 Del. Laws, c. 206, § 38;  83 Del. Laws, c. 22, § 9;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 11. Long-Term Care Facilities and Services › Subchapter III. Abuse, Neglect, Mistreatment, Financial Exploitation, or Medication Diversion of Patients or Residents › § 1139. Treatment by spiritual means.

§ 1139. Treatment by spiritual means.
Nothing in this subchapter may be construed to mean that a patient or resident is abused, neglected, or mistreated, or is the victim of medication diversion, for the sole reason the patient or resident relies on, or is being furnished with, treatment by spiritual means through prayer alone in accordance with the tenets and practices of a recognized church or religious denomination, nor may anything in this subchapter be construed to authorize or require any medical care or treatment over the implied or express objection of the patient or resident.
65 Del. Laws, c. 442, §  1;  70 Del. Laws, c. 186, §  1;  81 Del. Laws, c. 206, § 39;  83 Del. Laws, c. 22, § 10;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 11. Long-Term Care Facilities and Services › Subchapter III. Abuse, Neglect, Mistreatment, Financial Exploitation, or Medication Diversion of Patients or Residents › § 1140. Jurisdiction.

§ 1140. Jurisdiction.
The Superior Court shall have original and exclusive jurisdiction over violations of this subchapter.
65 Del. Laws, c. 442, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 11. Long-Term Care Facilities and Services › Subchapter IV. Criminal Background Checks; Mandatory Drug Screening; Long-Term Care Facilities; Nursing Home Compliance with Title XIX of the Social Security Act. › § 1142. Mandatory drug screening.

§ 1142. Mandatory drug screening.
(a) An employer may not employ an 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 testing 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) An agency, including temporary agencies, must provide the drug screening results it receives regarding an applicant referred to work in a facility to that particular facility so that the facility is better able to make an informed decision whether to accept the referral.
(e) The employer must provide confirmation of the drug screen in the manner prescribed by the Department's regulations.
(f) 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.
71 Del. Laws, c. 466, §  2;  72 Del. Laws, c. 2, §  1;  72 Del. Laws, c. 366, §  1;  78 Del. Laws, c. 303, §  2;  81 Del. Laws, c. 206, § 42;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 11. Long-Term Care Facilities and Services › Subchapter IV. Criminal Background Checks; Mandatory Drug Screening; Long-Term Care Facilities; Nursing Home Compliance with Title XIX of the Social Security Act. › § 1144. Influenza immunizations.

§ 1144. Influenza immunizations.
(a) Nursing and assisted living facilities shall annually offer, beginning no later than October 1 and extending through March 1 of a calendar year, onsite vaccinations for influenza vaccine to all employees with direct contact with patients at no cost and contingent upon availability of the vaccine.
(b) The facility shall keep on record a signed statement from each employee stating that the employee has been offered vaccination against influenza and has either accepted or declined such vaccination.
(c) [Repealed.]
81 Del. Laws, c. 346, § 1;  82 Del. Laws, c. 141, § 18;  83 Del. Laws, c. 306, § 1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 11. Long-Term Care Facilities and Services › Subchapter V. Criminal Background Checks; Drug Testing — Home-Care Agencies. › § 1146. Mandatory drug screening.

§ 1146. Mandatory drug screening.
(a) [Repealed.]
(b) An employer may not employ any applicant without first obtaining the results of that applicant's mandatory drug screening.
(c) All applicants, with the exception of a self-employed individual seeking employment from a private person to provide services in a private residence, must submit to mandatory drug screening, as specified by regulations promulgated by the Department. The requirement for drug screening for self-employed persons seeking employment in a private residence is left to the discretion of the individual in need of care in the private residence.
(d) The Department shall promulgate regulations regarding the pre-employment screening of all applicants for use 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.
(e) An employer may not employ an applicant for work in a private residence before getting the results of that applicant's drug screening. Upon request, the results of the drug screen must be provided upon the applicant's commencement of work to the person for whom the services are to be provided, or to the person's authorized representative.
(f) The employer must provide confirmation of the drug screen in the manner prescribed by the Department's regulations.
(g) 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.
73 Del. Laws, c. 10, §  2;  78 Del. Laws, c. 303, §  3;  81 Del. Laws, c. 206, § 46;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 11. Long-Term Care Facilities and Services › Subchapter VI. Office of the Long-Term Care Ombudsperson › § 1150. Creation of Office.

§ 1150. Creation of Office.
There is hereby established within the Department of Health and Social Services, Division of Administration, the Office of the Long-Term Care Ombudsperson as provided by the Older Americans Act Amendments of 1987 (P.L. 100-175).
67 Del. Laws, c. 76, §  1;  69 Del. Laws, c. 345, §  5;  70 Del. Laws, c. 186, §  1;  78 Del. Laws, c. 78, §  140;  78 Del. Laws, c. 118, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 11. Long-Term Care Facilities and Services › Subchapter VI. Office of the Long-Term Care Ombudsperson › § 1151. Definitions.

§ 1151. Definitions.
As used in this subchapter:
(1) “Agency” means any private or public agency operating in the State, one of whose purposes is the funding, provision or regulation of health care services.
(2) “Long-term care facility” means any facility as defined in § 1102 of this title.
(3) “Long-Term Care Ombudsperson” or “Ombudsperson” means the person designated under the Older Americans Act, as amended (42 U.S.C. § 3001 et. seq.) to perform the mandated functions of the Office of the Long-Term Care Ombudsperson in the State, or the Ombudsperson's designee.
(4) “Record” means any medical, social, or financial information pertaining to a resident of a long-term care facility which is maintained by any agency regulated under this chapter or Chapter 10 of this title; provided, however, that “record” does not include criminal investigative files.
67 Del. Laws, c. 76, §  1;  70 Del. Laws, c. 186, §  1;  81 Del. Laws, c. 206, § 47;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 11. Long-Term Care Facilities and Services › Subchapter VI. Office of the Long-Term Care Ombudsperson › § 1152. Purpose and duties.

§ 1152. Purpose and duties.
The purpose of the Ombudsperson is to provide a program to advocate for and promote the adequacy of care received and the quality of life experienced by residents of long-term care facilities in Delaware. The Ombudsperson shall have the power to:
(1) Investigate and seek to resolve complaints and concerns made by or on behalf of residents of long-term care facilities in the State relating to the actions or inactions of any long-term care facility or agencies which may adversely affect the health, safety, welfare or rights of such residents;
(2) Promote the well-being and quality of life of residents of long-term care facilities;
(3) Enter into written agreements of understanding, cooperation and collaboration with other government agencies that provide funding, oversight, inspection or operation of long-term care facilities;
(4) Establish and carry out program policies and procedures for eliciting, receiving, investigating, verifying, referring and resolving residents' complaints;
(5) Receive and investigate complaints of abuse, mistreatment or neglect in accordance with subchapter III of this chapter;
(6) Promulgate rules and regulations and adopt policies to implement this subchapter; and
(7) Perform other duties as mandated by the Older Americans Act, as amended (42 U.S.C. § 3001 et seq.).
67 Del. Laws, c. 76, §  1;  70 Del. Laws, c. 186, §  1;  81 Del. Laws, c. 206, § 48;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 11. Long-Term Care Facilities and Services › Subchapter VI. Office of the Long-Term Care Ombudsperson › § 1153. Access to facilities and patient records.

§ 1153. Access to facilities and patient records.
(a) The Ombudsperson shall have access to any facility or record which is relevant to the performance of the Ombudsperson's responsibilities under this subchapter, including any record otherwise rendered confidential under Delaware law; provided, however, that the Ombudsperson shall obtain the consent of any resident who is able to consent or any resident's legal agent or guardian for access to such resident's records.
(b) The Ombudsperson may initiate an investigation of any long-term care facility independent of the receipt of a specific complaint.
(c) Any state agency to which the Ombudsperson refers a complaint shall periodically advise the Ombudsperson of the status of the investigation of the complaint and notify the Ombudsperson in a timely manner of the disposition of the complaint.
(d) The Ombudsperson shall protect the confidentiality of residents' records and shall permit access to such records only in accordance with regulations of the Office of the Long-Term Care Ombudsperson.
(e) The Ombudsperson shall protect the confidentiality of files maintained by the Ombudsperson and shall permit access to such files only under conditions as the Ombudsperson, in the Ombudsperson's own sole discretion, deems appropriate.
(f) Notwithstanding any other provision of this subchapter, the Ombudsperson shall not disclose the identity of any complainant or resident unless a court orders such disclosure or the complainant or resident consents in writing to the disclosure of the complainant's or resident's identity.
67 Del. Laws, c. 76, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 11. Long-Term Care Facilities and Services › Subchapter VI. Office of the Long-Term Care Ombudsperson › § 1154. Good faith immunity.

§ 1154. Good faith immunity.
(a) Persons and agencies participating in an investigation under this subchapter shall be immune from civil liability arising from their good faith participation in the investigation.
(b) No long-term care facility, other entity or person shall engage in retaliation or reprisals against any person or agency due to such person or agency's participation in an investigation under this subchapter.
67 Del. Laws, c. 76, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 11. Long-Term Care Facilities and Services › Subchapter VI. Office of the Long-Term Care Ombudsperson › § 1155. Sanctions for interference with Ombudsperson.

§ 1155. Sanctions for interference with Ombudsperson.
(a) No person, agency or long-term care facility shall wilfully interfere with the performance of the duties and exercise of the powers of the Ombudsperson provided in this subchapter.
(b) Whoever violates this subchapter shall be fined not more than $100 for the first offense and not less than $100 nor more than $1,000 for each subsequent offense. Each violation shall be considered a separate offense.
67 Del. Laws, c. 76, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 11. Long-Term Care Facilities and Services › Subchapter VI. Office of the Long-Term Care Ombudsperson › § 1156. Jurisdiction.

§ 1156. Jurisdiction.
(a) Justices of the Peace shall have jurisdiction over violations of this subchapter.
(b) The Superior Court shall have jurisdiction over appeals of the decisions entered pursuant to subsection (a) of this section. Such appeals shall be on the record.
67 Del. Laws, c. 76, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 11. Long-Term Care Facilities and Services › Subchapter VII. Minimum Staffing Levels for Residential Health Facilities › § 1163. Activities staffing.

§ 1163. Activities staffing.
(a) All residential health facilities licensed for 30 beds or more shall have a full-time activities director. Any activities director hired after July 1, 2001, shall be a certified therapeutic recreation specialist, a certified occupational therapy assistant, a certified music therapist, a certified art therapist, a certified drama therapist, a certified dance/movement therapist, a certified activities director, or a registered occupational therapist.
(b) All residential health facilities licensed for fewer than 30 beds shall have, at a minimum, a part-time activities director as described in subsection (a) of this section, in accordance with the following formula:
Number of beds ÷ 30 x 40 = hours per week minimum required for an activities director.
A subacute 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.
72 Del. Laws, c. 490, §  2;  73 Del. Laws, c. 162, §§  14, 15;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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 Maternal and 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;  83 Del. Laws, c. 364, § 2;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 12. INFORMED CONSENT AND CONFIDENTIALITY › Subchapter II. Confidentiality of Personal Health Information › § 1211. Use of protected health information.

§ 1211. Use of protected health information.
(a) Protected health information collected by the Department of Health and Social Services or its agencies, the Maternal and Child Death Review Commission, the Child Protection Accountability Commission, and the Drug Overdose Fatality Review Commission shall be used solely for legitimate public health purposes.
(b) Nonidentifiable health information shall be used by the Department of Health and Social Services and its agencies whenever possible consistent with the accomplishment of legitimate public health purposes.
(c) Any use of protected health information permitted by this subchapter shall be limited to the minimum amount of information which the official using the information reasonably believes is necessary to accomplish the legitimate public health purpose.
(d) Protected health information shall not be used by the State for commercial purposes.
(e) Protected health information whose use no longer furthers the legitimate public health purpose for which it was acquired shall be expunged.
73 Del. Laws, c. 355, §  12;  75 Del. Laws, c. 361, §  5;  78 Del. Laws, c. 277, §  3;  80 Del. Laws, c. 187, §  11;  81 Del. Laws, c. 94, §  1;  83 Del. Laws, c. 364, § 2;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 12. INFORMED CONSENT AND CONFIDENTIALITY › Subchapter II. Confidentiality of Personal Health Information › § 1213. Regulations.

§ 1213. Regulations.
The Department of Health and Social Services shall enforce this subchapter and shall from time to time promulgate any additional forms and regulations that are necessary for this purpose.
76 Del. Laws, c. 292, §  4;  78 Del. Laws, c. 277, §  3;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 12. INFORMED CONSENT AND CONFIDENTIALITY › Subchapter III. Medical Examinations › § 1220. Definitions.

§ 1220. Definitions.
As used in this subchapter:
(1) “Health-care practitioner” means as defined in § 701 of this title.
(2) “Health-care professional” means as defined in § 701 of this title.
(3) “Informed consent” means the signing of a consent form by the patient or a person authorized to make health care decision on behalf of the patient that satisfies all of the following conditions:
a. Is written in plain language.
b. Is dated.
c. Includes a description of the procedure to be performed.
d. States if there will be a student or resident that will perform or be present at the patient's examination.
82 Del. Laws, c. 211, § 1;