Rep. James Johnson

This Act clarifies that after a physician-patient relationship has been properly established in accordance with this section, subsequent communications and treatment may be conducted as the doctor and patient deem appropriate. As with all practice of medicine, such subsequent interactions must still meet the standard of care for the given field of medicine. The Act also clarifies that this statute is not intended to limit the practice of radiology or pathology – fields in which it has long been standard for an off-site specialist to examine records created by a treating physician or technician.

This Substitute is the Fiscal Year 2018 Appropriation Act.

This bill implements across-the-board increases to the filing fees associated with Department of Insurance filings, including for insurer Certificates of Authority, producer and adjuster licenses, annual statement filings, and rate and rule filings.

This Resolution provides the official revenue, refund, and unencumbered funds estimates for Fiscal Year 2018.

This Act provides supplementary appropriations to certain Grants-in-Aid for Fiscal Year 2018. Section 1 – Government Units and Senior Center $18,608,587 Section 2 – One-Times and Community Agencies $13,684,001 Section 3 – Fire Companies $4,712,084 Section 4 – Veterans Organizations $244,233 GRAND TOTAL $37,248,905

This Act provides supplementary appropriations to certain Grants-in-Aid for Fiscal Year 2018. Section 1 – Government Units and Senior Center $18,582,949 Section 2 – One-Times and Community Agencies $12,886,495 Section 3 – Fire Companies $4,711,925 Section 4 – Veterans Organizations $244,230 GRAND TOTAL $36,425,599 This Act also amends Title 30 of the Delaware Code relating to taxes on personal income.

This bill clarifies that the Division of Forensic Science can set reasonable fees in its regulations related to the issuance of any postmortem record, cremation permit, or statistics, which are services it currently provides at no cost. The collection of such fees is consistent with laws in other state jurisdictions.

This Act removes the prohibition against receipt of Temporary Assistance for Needy Families (“TANF” also referred to by the name Aid for Families with Dependent Children or “AFDC”) funds by persons convicted of a drug felony, so long as that person is otherwise eligible or TANF assistance. Even though federal laws such as PRWORA passed during the War on Drugs frequently prohibited access to public assistance for persons with drug felonies, these laws also gave states flexibility in determining eligibility for food aid and cash assistance for families with children when applicants had a criminal conviction. The majority of states have limited the federal bans in whole or in part. In 2011, Delaware opted out of restrictions on food aid, but it has not opted out of or limited federal restrictions on TANF—the cash assistance program that is the principal form of assistance available to most families in poverty to pay for things like electricity bills or school supplies. Under existing law, individuals convicted of any state or federal drug felony, including possession of marijuana (which can be a felony under federal law), are ineligible for TANF for life. Although the children of a parent convicted of a drug crime can still receive assistance, the family’s overall award is significantly reduced, and in practice this affects the well-being of families and children.

This resolution directs the Delaware Emergency Medical Services Oversight Council and the Office of Emergency Medical Services to establish statewide metrics for emergency room wait times, with such information being publicly reported on a regular basis and available to emergency responders.

According to the National Conference of State Legislatures, on average, an incarcerated parent with a child support order has the potential to leave prison with nearly $20,000 in child support debt, having entered the system with around half that amount owed. This national statistic is consistent with Delaware, where the average child support debt for those currently incarcerated in Delaware is $10,000. Failing to recognize the inability to pay while incarcerated undermines the obligor's ability to make a successful transition and meet their obligations post-release, including the ability to pay child support. Delaware Family Court Rules will consider a term of incarceration that exceeds 1 year as evidence of a diminished earning capacity but the incarcerated parent needs to file a motion asking the Family Court for relief from the Child Support Order. The vast majority of incarcerated parents do not have independent income, resources, or assets with which to pay an obligation of child support consistent with their pre-incarceration circumstances. This Act automatically suspends child support orders when a defendant is incarcerated or involuntarily committed for over 180 days unless the defendant has the means to pay support while incarcerated or involuntarily committed, the defendant is incarcerated for a crime of domestic violence against the custodial relative or the supported child, or is incarcerated for failure to comply with an order to pay child support.