Bill Text: DE HB328 | 2011-2012 | 146th General Assembly | Draft
Bill Title: An Act To Amend Title 16 Of The Delaware Code Relating To Delaware Health Care Commission.
Spectrum: Bipartisan Bill
Status: (Passed) 2012-07-05 - Signed by Governor [HB328 Detail]
Download: Delaware-2011-HB328-Draft.html
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SPONSOR: |
Rep. Kowalko & Sen. Bunting |
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Reps. Atkins, Bennett, D. Short; Sens. Cloutier, Katz, Lawson, Marshall, Sorenson |
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HOUSE OF REPRESENTATIVES 146th GENERAL ASSEMBLY |
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HOUSE BILL NO. 328 |
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AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO DELAWARE HEALTH CARE COMMISSION. |
Section 1.Amend §9901, Title 16 of the Delaware Code by making insertions as shown by underlining and deletions as shown by strike through as follows:
(a) The General Assembly finds and declares that substantial
numbers of Delawareans have no health care coverage and that most of these
residents are wage earners and their dependents. One-third of these individuals
are children.
(b) The General Assembly further finds and declares that when
these individuals enter the health care system they have often foregone
preventative care and are in need of more expensive treatment that often
exceeds their financial resources. Much of the cost for these uncompensated
services to the uninsured are already included in health care systems costs in
the form of increased insurance and provider rates.
(c) The General Assembly further finds and declares that
spreading these costs among the already insured represents an extremely
inefficient method for providing basic preventive and acute care for the
uninsured and represents an added cost to employers now providing health
insurance to their employees.
(d) The General Assembly further finds and declares that it
is necessary to ensure basic and affordable health care to all Delawareans
while addressing the economic pressures on the health care system as a whole in
Delaware.
(e) The General Assembly further finds and declares that
rational cost containment of health care costs is in the interests of all
Delaware citizens.
(f) The General Assembly further finds and declares that
since Delaware hospitals provide care to all citizens, regardless of their
ability to pay, the costs of providing care to the uninsured and indigent are
shifted to those who do pay.
(g) The General Assembly further finds and declares that the
majority of Delawareans pay for these shifted costs, primarily through inflated
insurance premiums.
(h) The General Assembly further finds and declares that in
order for the Delaware Health Care Commission to carry out its duties in
compliance with these findings, a means of containing health care costs must be
developed and implemented.
Section 2.Amend §9902, Title 16 of the Delaware Code by making insertions as shown by underlining and deletions as shown by strike through as follows:
§9902. Delaware Health Care Commission.
(a)(1) There is hereby established the Delaware Health Care Commission,
hereinafter in this chapter referred to as the Commission. Said Commission
shall consist of 11 members, 5 of whom shall be appointed by the Governor, 1 of
whom shall be appointed by the President Pro Tempore of the State Senate and 1
of whom shall be appointed by the Speaker of the House of Representatives. Of
the 7 5 appointed members, appointed by the Governor,
at least 1 member shall be a resident of each county. The Insurance
Commissioner, the Secretary of Finance, the Secretary of Health and Social
Services, and the Secretary of Services for Children, Youth and Their Families or
their designees shall serve as ex officio members of the Commission.
(2) The Governor shall designate 1 member of the Commission to be
chairperson who shall serve at the pleasure of the Governor. The terms of the
remaining 6 appointed members shall be for 4 years except that the initial term
of each may be for a lesser period. Any vacancy shall be filled by the Governor
for the balance of the unexpired term. A member of the Commission shall be
eligible for reappointment. No more than 4 3
of the Commission members appointed by the Governor shall be of the same
political party.
(b) The Commission is constituted an independent public instrumentality
and may call upon the Department of Health and Social Services, the
Department of Services for Children, Youth and Their Families, the Insurance
Department Delaware Health Information Network and/or the
Department of Finance any State Agency for any assistance,
information or data that may be necessary to carry out the purposes for which
it had been established. For administrative and budgetary purposes only, the
Commission shall be placed within the Department of Health and Social Services,
Office of the Secretary.
(c) The Commission is authorized to reimburse Commission members for mileage associated with Commission responsibilities.
Section 3.Amend §9903, Title 16 of the Delaware Code by making insertions as shown by underlining and deletions as shown by strike through as follows:
§9903. Duties and authority of the Commission.
(a) The Commission shall have the authority to hire staff, contract for consulting services, conduct any technical and/or actuarial studies which it deems to be necessary to support its work, and to publish reports as required in order to accomplish its purposes in accordance with the provisions of this chapter.
(b) The Commission shall be responsible for overseeing the
implementation of the Governor's Indigent Health Care Task Force Report issued
May 31, 1990. The Task Force Report specifically identifies programs and
initiatives which address the access and affordability problems recognized as
the primary barriers to provision of appropriate health care to the uninsured.
The Task Force further recognized that the initial report would address only a
portion of the problems of indigent/uncompensated health care.
(c)
(b) As relates to the pilot health access projects, the Commission is
expressly authorized to develop such programs in consultation with the
appropriate public and private entities; to assign implementation to the
appropriate state agency; to monitor and oversee program progress and to ensure
that each pilot program is evaluated by an outside, independent evaluator after
no more than 2 years of operations.
(d)
(c) The Commission shall be responsible for the administration of the
Delaware Institute of Medical Education and Research (DIMER), which shall serve
as an advisory board to the Commission, and the Chair of the Health Care
Commission shall appoint the Chair of DIMER. The Commission shall have such
other duties and authorities with respect to DIMER which are necessary to carry
out the intent of the General Assembly as expressed in this chapter.
(e)
(d) The Commission shall be responsible for the administration of the
Delaware Institute for Dental Education and Research (DIDER), which shall serve
as an advisory board to the Commission. The Commission shall have such other
duties and authorities with respect to DIDER which are necessary to carry out
the intent of the General Assembly as expressed in this chapter.
(f)
(e) Other functions which the Commission should may
undertake include:
(1) Determining, in conjunction with the State's Health Statistics
Center, the additional data needed to carry out its mission and evaluating the
effectiveness of pilot programs, preparing appropriate legislation to obtain
such data and ensuring that data to support the goals of health access is
available and accessible; Serve as the policy body to advise the
Governor and General Assembly on strategies to promoting affordable quality
health care to all Delawareans and assuring policies are in place to maintain
an optimal health care environment. Analyze all aspects of the health care
landscape, including, but not limited to, population and health outcomes,
service delivery infrastructure, quality, costs, accessibility, utilization,
insurance coverage and financing;
(2) Recommending methods to reduce and control health care costs in
conjunction with the private sector; Convene, as necessary, public and
private stakeholders to identify, analyze and address health policy issues and
build consensus around workable solutions. Serve as the coordinating entity
between the public and private sectors to implement emerging health initiatives
at the federal, state and local levels;
(3) Coordinating efforts with the Health Resources Management Council,
which is responsible for overall health planning and the State's Certificate of
Need Program, to ensure that Delaware has a balanced approach to access,
quality and costs of health care; Function in such a way that fosters
creative thinking and problem solving across state agency lines and across the
public and private sectors;
(4) Reviewing and recommending changes to state medical insurance
regulations (in conjunction with the Insurance Commissioner) to promote
efficiency, equity and affordability in health care insurance premiums; Ensure
that data to support the activities of the Commission are available and
accessible;
(5) Exploring all potential insurance options including size and
makeup of risk groups; Monitor cost trends in order to recommend methods
to reduce and control health care costs for public programs and in conjunction
with the private sector;
(6) Studying and making recommendations as to incentives to ensure
that employers continue to provide health insurance coverage; Coordinate
efforts with the Health Resources Board and any other entities the Commission
identifies as essential to carry out its mission;
(7) Studying and making recommendations regarding benefits to be
covered by health plans that would be available through the health care access
programs, including prevention, well-child care and prenatal care; Review
and recommend changes to state health insurance laws and regulations (in
conjunction with the Insurance Commissioner) to promote efficiency, equity and
affordability in health insurance premiums;
(8) Identifying cost savings to public programs that would result from
implementation of health care access programs; Coordinate and
collaborate with the Delaware Health Information Network to assure that the use
of health information technology and health information exchange results in
cost effective, quality health care for all Delawareans. Consult with DHIN
Board of Directors and staff on implementation of health information technology
in Delaware and call upon the DHIN to assist in conducting pilot programs,
providing technical support, capabilities and expertise, and/or conducting
research necessary to achieve the Commission's mission;
(9) Studying alternative financing plans for the state share of
premium costs for those who cannot afford health insurance or who are
unemployed; Oversee efforts to assure that Delaware has an adequate
supply and distribution of health care professionals to provide quality care to
all Delawareans in consultation with DIMER, DIDER and other institutions,
bodies or agencies as necessary;
(10) Examining and making recommendations as to gatekeeping mechanisms
for access to health care services and various benefit and service packages for
a minimum care coverage plan; Monitor access to health care programs and
make recommendations for changes where necessary; and
(11) Examining and studying actuarial analyses, sliding fee scale
analyses, copayment levels and limits on provider reimbursements and covered
services in developing proposals for core benefit packages; Conduct
other activities it considers necessary to carry out the intent of the General
Assembly as expressed in this chapter.
(12) Developing a methodology to coordinate the health care
access program with other government-subsidized programs; and
(13) Conducting other activities
it considers necessary to carry out the intent of the General Assembly as
expressed in this chapter.
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 Care Commission ("DHCC" or "Commission"). The bill removes the General Assembly's initial "Findings" that were made when the DHCC statute was initially enacted in 1990 and amended in 1992. The bill removes party affiliation and geographic location requirements for the Speaker's and Pro Tem's appointments to the Commission. The bill provides that of the 5 members appointed by the Governor, there shall be at least 1 member from each county and no more than 3 members shall be of the same political party. The bill provides that the Commission may call upon any state agency for any assistance, information or data that may be necessary to carry out its purpose.The Commission is currently limited to seeking assistance from a limited number of agencies. The bill provides that, for administrative and budgetary purposes only, the Commission is placed within the Department of Health and Social Services, Office of the Secretary. The bill removes the Commission's responsibility for overseeing the implementation of the Governor's Indigent Health Care Task Force Report that was issued in 1990. The bill removes the Commission's requirements to perform several "other functions" in favor of new functions that the Commission may undertake, which include: (1) advising on strategies for promoting affordable health care; (2) identifying, analyzing and addressing health policy issues; (3) fostering creative thinking and problem solving across state agency lines and across public and private sectors; (4) ensuring that data is available and accessible; (5) monitoring health care cost trends; (6) coordinating efforts with the Health Resources Board; (7) recommending changes to state health insurance laws; (8) collaborating with the Delaware Health Information Network; (9) overseeing efforts to assure an adequate supply and distribution of health care professionals; (10) monitoring access to health care programs; and (11) conducting other activities it considers necessary to carry out the intent of the General Assembly |
