2011 Delaware End of Session Report
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July 7, 2011
The first session of the 146th Delaware General Assembly (GA) ended June 30, 2011.
After several years of cuts to the state's tobacco control and cancer control programs the GA voted to restore $1 million to the cancer council recommendations budget for screenings.
In winter 2010, the DE Health Care Commission was given the authority to begin implementation of a Health Care Exchange. The Governor is expected to issue an Executive Order in fall 2011 that will formally enable this process. It is expected that the Executive Order will outline the governance structure of the Exchange and provide guidance on the health insurance market structure.
Prevention
Senate Bill (SB 70 w/ SA1) passed GA, signed by Governor. This bill protects the health of young children by prohibiting the chemical bisphenol-A in certain children's products such as bottles, cups, and other containers used for food or beverages. Bisphenol-A, or BPA is a chemical used to help harden plastic and is found in many plastic food storage containers. BPA is a known hormone disruptor. Tests have shown that trace amounts leach out of the containers and into foods and liquids. BPA-free products exist. This law will take effect July 1, 2012.
House Bill 3 (HB 3 w/SA1) passed GA, signed by Governor. This Bill prohibits public schools, including charter schools, and school districts from making available or serving food with more than 0.5 gram of artificial trans fatty acids to students in grades K through 12.
Access
Senate Bill 137 (SB 137w/SA1) passed GA, waiting for Governor's signature. This Bill requires the DE Health Care Commission to study speciality tier drug formularies for one year to determine their impact on access and patient care. The Delaware Healthcare Commission shall submit a report to the General Assemble summarizing this impact by March 15, 2012.
House Bill 161 (HB 161 HA/1) passed GA, waiting for Governor's signature. HB 161 amends Title 18 to prohibit the denial of coverage to children under the age of 19 due to pre-existing conditions. This Act will bring Delaware in line with the requirements of PPACA and provide the Delaware Insurance Department with regulatory and enforcement authority over carriers. The provisions of this Act shall be of no force or effect if "The Patient Protection and Affordable Care Act," Public Law 111-148 and the "Health Care and Education Reconciliation Act of 2010," Public Law 111-152 are declared unconstitutional by the Supreme Court of the United States of America.
House Bill (HB 160 HA/1) passed GA, waiting for Governor's signature. This Act changes provisions for supplemental health insurance coverage for children of insureds, raising the age children may be covered by their parent's or parents' health insurance to the age of 26. This Act will bring Delaware in line with the requirements of PPACA and provide the Delaware Insurance Department with regulatory enforcement authority over carriers. The provisions of this Act shall have no force or effect if the health care bill passed by Congress and signed by the President of the United States in 2010 is declared unconstitutional by the Supreme Court of the United States of America.
Senate Bill 98 (SB 98 w SA/1) passed GA, waiting for Governor's signature. Under the new Patient Protection and Affordable Care Act (PPACA) it requires that private health plans cover evidence-based preventive services and immunization. The Patient Protection and Affordable Care Act has recommended vaccinations, health screenings and children's wellness visits, must be covered for all new health plans starting with plan years beginning on or after Sept. 23, 2010. This ACT will bring Delaware in line with the requirements of PPACA and provide the Delaware Insurance Department with regulatory and enforcement authority over carriers as respects to immunizations.
Tobacco
House Bill (HB 178) failed in House Revenue and Finance Committee. This bill would have eliminated the taxing disparity between moist snuff and "other tobacco products," not including cigarettes. It also raised the tax rate from 15% to 68% of the wholesale price on other tobacco products, and designates tax revenue over $3.5 million to The Delaware Health Fund. This bill did not affect taxes on cigarettes. This bill attempted to make moist snuff and other tobacco products less attractive to minors by making them more expensive, as well as designating a new funding source for The Delaware Health Fund, which promotes preventive care for Delawareans in order to detect and avoid adverse health conditions.
Pain/Quality of Life
House Bill 206 (HB 206) voted out of Sunset Committee (Policy Analysis and Government Accountability). This bill will be taken up in the 2nd session in January 2012. This bill grants the Board of Pharmacy authority to establish standards and procedures for the collection, destruction, return and redistribution of previously dispensed medications. The drug collection program must comply with all applicable local, state, and federal laws and regulations, and shall be done under a licensed health care professional's supervision. In addition, the DEA and the Office of Controlled Substances shall implement security measures. Pharmaceutical manufacturers receive immunity for matters related to the program.
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