Long-term care facilities provide an important function in caring for the most vulnerable populations of the State of Delaware. However, these facilities are not required to have liability insurance to protect residents from harm caused by the facility. The bankruptcy filing of Genesis Health Care, one of the nation’s largest nursing home providers, which has operated facilities in Delaware, shed new light on the problems of long-term care facilities not being required to have liability insurance. Hundreds of claims across the country, including Delaware claims, related to substandard care causing injury or death to individuals face having no legal recourse to hold these facilities accountable. These claims include claims which Genesis had agreed to resolve for set amounts, which were to be satisfied with payments made in the future. Genesis filed for bankruptcy prior to making payments on many of these claims, including several claims resolved in Delaware, forcing the claimants to engage in a new and expensive process to pursue justice they had already resolved on their behalf or on behalf of their loved one. This Act requires long-term care facilities to have insurance policies that provide a minimum of $1 million per claim/$3 million aggregate coverage each for general liability and professional liability. This Act takes effect 180 days after enactment.
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This Act is a substitute for House Bill No. 370. This Act differs from HB 370 in that it adds a provision for the selection of the DEFAC Co-Chair, authorizes designees for the ex officio members, clarifies a provision relating to DEFAC meetings proceedings, and makes several technical corrections. This Act also differs from HB 370 by making the effective date July 1, 2026, or upon enactment, whichever is later. Like HB 370, this Act codifies the Delaware Economic & Financial Advisory Council (“DEFAC”) which was initially created by Executive Order No. 5 in March 3, 1977, and has continued through several executive orders issued since 1977. This Act is known and may be cited as the “DuPont-Cook Financial Responsibility Act.” The purpose of this Act is to preserve DEFAC’s structure under executive order while strengthening continuity, transparency, and clarity. DEFAC consists of at least 25, but no more than 34, members. The Speaker of the House of Representatives and the Senate Pro Tempore each appoint 2 members, 1 from each caucus. The Governor appoints the remaining members, from the public and private sectors, and must appoint at least 12 members. The following serve by virtue of their positions: the Controller General, Director of the Office of Management and Budget, Secretary of Finance, Secretary of State, Secretary of Transportation, Secretary of the Department of Health and Social Services, Joint Finance Committee Co-Chairs, and State Treasurer. The duties of DEFAC are as follows: (1) Meet in March, May, June, October, and December of each year, and on other occasions that the Governor or DEFAC Chair deem necessary. (2) Serve in a general advisory capacity to the Governor and Department of Finance. (3) Advise the Governor, Secretary of Finance, and Legislative Council on: (a) The overall financial condition of the State of Delaware. (b) Current and projected economic conditions and trends, particularly as they affect the expenditures and revenues of the State, its citizens, and its major industries. (c) The tax policy of the State and the impact of federal tax policies. (4) Submit to the Governor, Secretary of Finance, Controller General, and General Assembly, by the dates required under § 6534(a) of Title 29, the General Fund and Transportation Trust Fund revenue and expenditures. (5) Submit to the Governor, Secretary of Finance, Controller General, and General Assembly, not later than December 31 of each year, estimates on the General Fund and Transportation Trust Fund revenue and expenditures. (6) Perform other duties and responsibilities imposed upon it in the Delaware Code. (7) Prepare an annual report summarizing DEFAC’s activities throughout the year, including forecast accuracy and key fiscal risks identified, no later than December 31, for distribution to the Governor and General Assembly. This Act also establishes the DEFAC Healthcare Spending Benchmark Subcommittee. Under this Act, state agencies must provide DEFAC financial and staffing support.
This Act allows a lienholder that has a lien under § 3901 of Title 25, often called a garagekeeper’s lien, to recover reasonable attorney’s fees from the proceeds of a sale to satisfy a garagekeeper’s lien. If the lienholder is not paid within 30 days after the lien is created, the lienholder may apply to a Justice of the Peace Court to sell the property. Under § 3903 and § 3905 of Title 25, the lienholder may recover the costs of the sale and the lien amount. Applying for authorization to sell property to satisfy a garagekeeper’s lien is a detailed process and many lienholders need to hire an attorney to help. But a court will not grant attorney’s fees without express statutory authority. This Act amends § 3903 and § 3905 to expressly allow a lienholder to recover attorney’s fees from the proceeds of a sale to satisfy a garagekeeper’s lien. This Act also allows excess proceeds from a garagekeeper’s lien sale to be used to satisfy other outstanding judgments against the owner of the property sold. Currently, under § 3905 of Title 25, sale proceeds are first used to pay the garagekeeper’s lien and costs related to the lien sale. Any extra proceeds are deposited with the Court and used to pay other liens on or security interests in the property sold. If there are still proceeds remaining, the Court must give the excess proceeds to the property owner or, if the property owner cannot be found, to the State Treasurer who holds the proceeds for the property owner to claim within 1 year. If the property owner does not claim the excess proceeds within 1 year, the excess proceeds are placed in the General Fund. Generally, money held in custody of the law may not be attached to satisfy an outstanding judgment. But in several cases, including Lowe v. Hulliger, 86 A.2d 749 (Del. Super. Ct. 1952), Delaware Courts have recognized an exception to this rule. Money left over that is due to a defendant or debtor after all legal obligations are paid may be attached to satisfy another judgment against the defendant or debtor. This Act codifies the exception for garagekeeper’s lien sale proceeds by allowing the Court to pay judgment creditors who apply within 30 days of the sale to attach any excess sale proceeds remaining after all other costs, liens, and security interests have been paid and before the excess sale proceeds are paid to the property owner. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
Maddy summaryThis bill designates May 14, 2026, as "IgAN Awareness Day" throughout the State of Delaware. It directly affects state officials and institutions by establishing this specific date for recognition. The measure is a procedural resolution that does not change laws or allocate funding, but rather sets a commemorative date for public awareness.
Maddy summaryThis legislative measure designates May 2026 as Cystic Fibrosis Awareness Month within the State of Delaware. The bill directly impacts state officials and the public by establishing an official timeframe for recognizing the disease. Its primary function is to raise visibility for cystic fibrosis through a formal proclamation rather than implementing new laws or funding. The resolution was passed by both the Senate and the House without requiring a formal vote in either chamber.
This resolution designates May 21, 2026, as "Global Accessibility Awareness Day" in the State of Delaware, affirms the importance of making the internet and technology accessible to all, and encourages expanded efforts to keep Delaware residents properly informed about the need for equitable digital access and inclusion.
Maddy summaryThis bill formally designates September 2026 as "Prostate Cancer Awareness Month" within the State of Delaware. It directly affects state agencies and officials by establishing an official date for public awareness campaigns and educational events related to prostate cancer. The key provision is a symbolic recognition that encourages the state to highlight the importance of early detection and support for those affected by the disease. As a commemorative resolution, it does not create new laws or change funding but serves to unify state efforts around this health cause for the specified month.
Maddy summaryThis bill designates June 2026 as Myasthenia Gravis Awareness Month in Delaware to highlight the condition affecting individuals with this neuromuscular disorder. It serves as a symbolic gesture to increase public understanding of the disease rather than establishing new laws or funding. The measure was passed by both the Senate and the House without requiring a formal vote in the final chamber.
This Act provides an exemption from state income tax for the amount of income or compensation received for federally required annual training, drills and field exercises, or inactive duty training by an individual who is a member of the National Guard or a reserve component of the Uniformed Services of the U.S. The bill’s provision applies to taxable years beginning after December 31, 2026.
This resolution recognizes the importance and expertise of Direct Support Professionals to our state on the occasion of May 21st as “Direct Support Professional Advocacy Day" sponsored by the Ability Network of Delaware and A Team Delaware.