Healthcare

This Act amends Title 16 to establish statewide standards for levels of neonatal care for facilities that operate neonatal nurseries or neonatal intensive care units. The Act requires facilities to comply with nationally recognized standards for levels of neonatal care established by the American Academy of Pediatrics (AAP), ensuring that newborns receive care in facilities equipped to meet the complexity of their medical needs. Under the Act, the Secretary of the Department of Health and Social Services (DHSS) will designate each facility's level of neonatal care based on compliance with the AAP standards, including staffing, equipment, facility capabilities, and patient protocols. The Act further establishes additional requirements for facilities providing Level IV NICU services which care for the most critically ill and medically complex newborns. DHSS must adopt implementing rules by January 30, 2027, and will seek input from the Delaware Perinatal Quality Collaborative and existing NICU providers in developing these rules.

This Resolution recognizes the pertinent work of social workers throughout Delaware and the entire country, encourages the creation and expansion of Social Work programs, and recognizes March 2026 as Social Work Month in the State of Delaware.

This Act amends the Childhood Lead Poisoning Prevention Act to update the statutory definition of confirmatory blood lead testing for children under 16 years of age. The Act allows a confirmed elevated blood lead level to be established either through a venous blood lead test or through two capillary blood lead screenings collected within 12 weeks of each other, provided that the applicable lead reference value is met or exceeded. Two positive capillary blood lead screenings yield an effective specificity of approximately 99.75% when properly collected. This change is consistent with the Centers for Disease Control and Prevention surveillance case definition, reduces barriers to case identification and management, and requires conforming regulatory updates.

This Act requires a long-term care facility to refund any deposit or minimum-stay-requirement charges to a resident or a resident’s family if the resident dies prior to or within 60 days of entering the facility, if the individual is unable to enter the facility due to a change in the individual’s medical condition or needs, or if the resident is discharged or transferred from the facility within the first 60 days.

This Act does all of the following: (1) Establishes a regulatory framework for substance use harm reduction programs that provides immunities for program providers and staff. (2) Modifies the definition of drug paraphernalia. (3) Decriminalizes possession of paraphernalia for individuals who use drugs, while retaining prohibitions for paraphernalia used in the manufacturing or distribution of drugs and the selling of certain drug paraphernalia. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

Early access to language is essential to child development. Children identified as Deaf or hard of hearing rely on hearing aids for language development. Language development leads to success in school. Medicaid coverage of hearing aids for children younger than 21 years old applies only to children who qualify for Medicaid. Delaware currently requires private insurers to provide minimum coverage of $1,000 for each hearing aid for individuals younger than 24 years old, covered as a dependent by the policyholder. The cost of hearing aids can vary widely but can cost from $3,000 to $5,000 out-of-pocket. This can be too expensive for families, even with the current $1,000 coverage requirement. The cost of a cochlear implant can range from $30,000 to $100,000, depending on the necessary device, surgery, and rehabilitation. Delaware does not currently require insurers to cover the costs of cochlear implants. This Act is a second substitute for Senate Bill No. 269 and differs from the first substitute Senate Bill No. 269 by changing the cost-sharing limitation to require insurers to cover at least 95%, instead 100%, of the cost of benefits for hearing aid and earmold benefits provided under § 3357(b)(1)a., § 3571A(b)(1)a., and § 5224(b)(1)a. of this Act. Like the first substitute to Senate Bill No. 269, this Act differs from Senate Bill No. 269 in all of the following ways: 1) Includes external sound processors in the definition of a cochlear implant. 2) Clarifies that, for group and blanket health policies and the state employee health plan, the required coverage of hearing-aid related parts and services is limited to individuals younger than 26 years old and covered as a dependent by the policyholder. 3) Names this Act in honor of T. Hollis Jennings who is a testament to the success of state-mandated hearing aid coverage and early intervention. Hollis got hearing aids when she was an infant. Her language developed typically, with no need for speech therapy. She now exceeds grade-level benchmarks in math and ELA. She’s also a phenomenal singer. 4) Makes technical changes to strike through and underline format to make it easier to see changes and to correct grammar. Like Senate Bill No. 269 and the first substitute for Senate Bill No. 269, this Act requires individual health insurance policies under Chapter 33 of Title 18, group and blanket health insurance policies under Chapter 35 of Title 18, and the state employee health plan under Chapter 52 of Title 29 to cover all of the following: 1) At least 1 hearing aid for each ear at least every 3 years, or before the expiration of the 3-year period if a health care professional determines that a new hearing aid is medically necessary. For hearing aids with earmolds, insurers are required to cover at least 1 earmold for each ear at least annually, or sooner if new earmolds are medically necessary. The cost-sharing limitation applies only to coverage of hearing aids. The types of hearing aid covered includes a hearing aid with an earmold, a hearing aid with slim tubing, a receiver-in-ear hearing aid, a bone-anchored hearing aid, and a cochlear implant. 2) Medically necessary hearing aid-related parts, attachments, or accessories. 3) Medically necessary related services related to prescribing, fitting, implanting, or dispensing hearing aids. Coverage must include medically necessary related services provided by a hearing care professional who specializes in providing care to pediatric patients. For individual health insurance policies, the coverage required under this Act applies to all covered individuals, regardless of age, because federal law prohibits states from limiting coverage for an essential health benefit based on an individual’s age unless there is a clinical reason. For group and blanket health insurance policies and the state employee health plan, the required coverage applies only to individuals younger than 26 years old and covered as a dependent by the policyholder. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual and reorganizes paragraphs for clarity. This Act applies to all policies, contracts, or certificates issued, renewed, modified, altered, amended, or reissued after December 31, 2027.

In Delaware, all individual health insurance policies, all group and blanket health insurance policies, the State employee health insurance plan, and Medicaid are required to cover chiropractic and physical therapy treatment for chronic back pain without annual or lifetime numerical limits on physical therapy or chiropractic care visits. To evaluate the effectiveness of this coverage requirement, the Patient Centered Care Subcommittee of the Addiction Action Committee, under the Delaware Department of Health and Social Services, sent a survey to chiropractic therapy and physical therapy providers in Delaware. Although the survey showed that the coverage requirement has improved treatment of chronic pain patients, the survey also showed that the coverage requirement provides supportive chronic pain treatment for only the thoracic region of the spine, which is the middle of the spine from the base of the neck to the bottom of the ribs, and the lumbar region of the spine, which is the lower back. The treatment of chronic pain through chiropractic supportive care, physical therapy, or both, can prevent a patient from requiring opioid pain medications or more expensive treatments, but excluding vital areas of the spine and body from coverage may limit the effectiveness of chiropractic therapy and physical therapy treatment and limits a chronic pain patient’s potential for improvement. This Act encourages treatment of chronic pain patients without opioids by updating the required health insurance coverage to prohibit annual or lifetime numerical visits on physical therapy or chiropractic care visits that are for the purpose of treating the spine and other neuromusculoskeletal structures, including extremities. The updated coverage required under this Act applies to all policies, contracts, or certificates issued, renewed, modified, altered, amended, or reissued after December 31, 2026. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

This Act provides that health care facilities must permit patients who have been issued and possess a valid registry identification card for the medical use of marijuana and have a terminal illness to use medical marijuana on the health care facilities’ premises, subject to certain restrictions. However, a health care facility may prohibit or suspend such use of medical marijuana under some circumstances, such as if the facility's medical professionals determine that use of medical marijuana may have an adverse impact on the medical care and treatment of the patient or is otherwise contraindicated, or if a federal regulatory agency, the United States Department of Justice, or the Centers for Medicare and Medicaid Services initiates an enforcement action against a health care facility based on the use of medical marijuana on the facility's premises or issues a rule or guidance prohibiting the use of medical marijuana at health care facilities. In addition, the Act provides that a person is not subject to civil or criminal liability or professional discipline for complying with the Act, except in cases of gross negligence, recklessness, or intentional misconduct. This Act is modeled on a 2021 California law known as "Ryan's Law."

This House Concurrent Resolution recognizes the significant contributions of nurses as frontline healthcare workers, recognizes the importance of basic protections and rights for this profession, and resolves that the rights of nurses are upheld and promoted throughout the state.

This Act adopts the Interstate Massage Compact (“Compact”). The purpose of the Compact is to reduce the burdens on state governments and to facilitate and regulate the interstate practice of massage therapy by creating a framework for a multistate licensing program. The multistate licensing program provides increased value and mobility to licensed massage therapists, including military members and their spouses, and ensures safe, competent, and reliable massage therapy services are provided to the public. The Compact allows individuals residing in a state that joins the Compact (a “member state”) to apply, through the state, for a multistate license. A multistate license allows a qualifying licensee to practice massage therapy in all member states. Applicants for a multistate license must hold an unrestricted license to practice massage therapy in the applicant’s home state and must meet educational, national licensing examination, and background check requirements to qualify for a multistate license. Licensees must meet continuing competency requirements to qualify for renewal of a multistate license. Member states share information related to disciplinary actions against licensees, investigations of licensees, and anything that would disqualify a licensee from holding a multistate license so that each member state is aware if a licensee’s authority to practice is restricted or if the licensee is disqualified from practicing massage therapy. The Compact is effective on the seventh state enacting legislation to join the Compact. As of January 23, 2026, 5 states have enacted legislation adopting the Compact and legislation is pending in 5 states. This Act takes effect on the date of publication in the Register of Regulations of a notice by the Secretary of State that the Compact has been adopted by at least 7 states.