Bill Text: DE HB326 | 2011-2012 | 146th General Assembly | Draft
Bill Title: An Act To Amend Title 16 Of The Delware Code Relating To Health Planning And Resources Management.
Spectrum: Slight Partisan Bill (Democrat 7-4)
Status: (Passed) 2012-08-13 - Signed by Governor [HB326 Detail]
Download: Delaware-2011-HB326-Draft.html
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SPONSOR: |
Rep. Kowalko & Sen. Bunting |
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Reps. Atkins, Bennett, Ramone, D. Short; Sens. Katz, Lawson, Marshall, Sorenson, Venables |
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HOUSE OF REPRESENTATIVES 146th GENERAL ASSEMBLY |
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HOUSE BILL NO. 326 |
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AN ACT TO AMEND TITLE 16 OF THE DELWARE CODE RELATING TO HEALTH PLANNING AND RESOURCES MANAGEMENT. |
Section 1. Amend §9303, Title 16 of the Delaware Code by making insertions as shown by underlining and deletions as shown by strike through as follows:
§ 9303. Delaware Health Resources Board.
(a) There is hereby established a Delaware Health Resources Board to foster the cost-effective and efficient use of health care resources and the availability of and access to high quality and appropriate health care services.
(b)
The Board shall consist of a Chair, a Vice Chair and 19 13 other
members, all of which shall be appointed by the Governor. Appointments shall be
for 3-year terms, except that of the initial appointments, 7 shall be
for 3-year terms, 7 shall be for 2-year terms and 7 shall be for 1-year terms.
provided that the terms of newly appointed members will be staggered so that
no more than 5 appointments shall expire annually. The Governor may appoint
members for terms of less than 3 years to ensure that the Board members' terms
expire on a staggered basis. The membership shall be representative of all
counties in the State. In addition to the Chair and the Vice Chair, the
membership shall consist of 1 representative designated by of the
Delaware Health Care Commission; 1 representative from the Department of
Health and Social Services designated recommended by the
Secretary of the Department of Health and Social Services; 1 representative of organized
labor; 1 representative of the health insurance industry; 1 representative
designated by the Delaware Healthcare Association; 1 representative with
knowledge and professional experience in health care administration; 1
representative designated by the Medical Society of Delaware; 1
representative licensed to practice medicine in Delaware; 1
representative designated by the Delaware Health Care Facilities Association;
1 representative with knowledge and professional experience in long-term
care administration; 1 representative of a provider group other than
hospitals, nursing homes or physicians; 1 representative designated by the
State Chamber of Commerce; 1 representative involved in purchasing health
care coverage on behalf of State employees; 1 other representative involved in
purchasing health care coverage for employers with more than 200 employees; and
10 4 representatives of the public-at-large. and not
involved in the delivery of health care, health care insurance or the
purchasing of health care coverage for an employer with more than 200
employees. Public members may include but not be limited to representative
from business, educational and non-profit organizations.The Chair and Vice Chair shall be
appointed from among the 10 representatives of the public-at-large. The
Chair shall be an at large position and shall be appointed by and serve at the
pleasure of the Governor. The Governor shall designate a Vice Chair from among
the members of the Board who shall serve in this capacity at the pleasure of
the Governor. The Delaware
Healthcare Association, the Medical Society of Delaware, the Delaware Health Care
Facilities Association, the Delaware State Chamber of Commerce, and other
interested organizations may submit nonbinding recommendations to aid the
Governor in making appointments to the Board.Any vacancy shall be filled by the Governor
for the balance of the unexpired term. A quorum shall consist of at least 50
percent of the membership. Members of the Board shall serve without
compensation, except that they may be reimbursed for reasonable and necessary
expenses incident to their duties, to the extent that funds are available and
the expenditures are in accordance with state laws.
(c)
The Board is an independent public instrumentality. For administrative and
budgetary purposes only, the Board shall be placed within the Department of
Health and Social Services., Office of the Secretary.The Delaware Health Resources Board shall
function in cooperation with the Delaware Health Care Commission, as well as
other state health policy activities. Staff support for the Board shall be
provided by the Bureau of Health Planning and Resources Management. Delaware
Health Care Commission and the Office of the Secretary, Department of Health
and Social Services. The Bureau Director shall serve as Secretary to the
Board and as its Chief Administrative Officer.
(d) The duties and responsibilities of the Board shall include, but not be limited to, the following:
(1)
Develop a Health Resources Management Plan which shall assess the supply of
health care resources, particularly facilities and medical technologies, and the
need for such resources. A Essential aspects of the plan shall
include a statement of principles to guide the allocation of resources,
and specific criteria and other guidance as well as rules and
regulations which shall be formulated for use in reviewing Certificate of
Public Review applications. shall be essential aspects of the plan.
Prior to adoption of the plan or revision of the plan, the Board shall provide
written notification of the proposed action and conduct a public hearing. Such
notification shall be sent directly to all health care facilities in the State
and to others who request direct notification. A notice shall also appear in a
newspaper of general circulation which shall serve as written notification to
the general public. The notification shall generally describe the plan or plan
revisions under consideration and announce the time and place of the public
hearing. The notification shall also provide a period of at least 21 days
during which written comments may be submitted. The public hearing shall be
held not less than 14 days after the notice appears in the newspaper. No fees
shall be imposed for such hearings. An opportunity must be provided for any
person to present testimony. Any revision of the Health Resources
Management Plan shall be done in accordance with the provisions of the
Administrative Procedures Act (29 Del. C. §101).The Board shall also be required to conduct a
public hearing. Also, prior to adoption, the plan or revision of the plan
shall be submitted to the Delaware Health Care Commission for review and comment
approval.Upon receiving written
approval from the Commission, the plan or revision shall be submitted and
to the Secretary, Department of Health and Social Services. The plan or
revision shall become effective upon the written approval of the Secretary;
(2) Review Certificate of Public Review applications filed pursuant to this chapter and make decisions on same. Decisions shall reflect the importance of assuring that health care developments do not negatively affect the quality of health care or threaten the ability of health care facilities to provide services to the medically indigent. Decisions can be conditional but the conditions must be related to the specific project in question;
(3) Gather and analyze data and information needed to carry out its responsibilities. Identify the kinds of data which are not available so that efforts can be made to assure that legitimate data needs can be met in the future;
(4) Address specific health care issues as requested by the Governor or the General Assembly;
(5) Adopt bylaws as necessary for conducting its affairs. Board members shall comply with the provisions of Chapter 58 of Title 29 (State Ethics Code) and the Board shall operate in accordance with Chapter 100 of Title 29 (Freedom of Information Act); and
(6) Coordinate activities with the Delaware Health Care Commission, the Department of Health and Social Services and other groups as appropriate.
(e) The Governor may at any time, after notice and hearing, remove any Board member for gross inefficiency, neglect of duty, malfeasance, misfeasance or nonfeasance in office. A member shall be deemed in neglect of duty if they are absent from 3 consecutive Board meetings without good cause or if they attend less than 50% of Board meetings in a calendar year.
SYNOPSIS
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This bill is the result of recommendations made by the Joint Sunset Committee and makes several amendments to Title 16 relating to the Delaware Health Resources Board ("Board"). The number of Board members has been reduced from 21 to 15. For administrative and budgetary purposes, the Board is relocated to the Office of the Secretary, Department of Health and Social Services ("DHSS"). The Board will now function in cooperation with the Delaware Health Care Commission("DHCC"), and the DHCC will be responsible for the administration and staffing of the Board. When revising the Health Resources Management Plan ("Plan"), the Board will be required to conduct a public hearing and will establish rules and regulations for reviewing Certificate of Public Review applications.The Board will be required to submit the Plan to the DHCC and, upon its approval, must then be submitted to DHSS for approval. The Governor may remove any Board member for gross inefficiency, neglect of duty, malfeasance, misfeasance or nonfeasance in office. |
