CHAPTER 266

FORMERLY

HOUSE BILL NO. 677

AS AMENDED BY HOUSE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTERS 1, 10, 11, AND 91, TITLE 16 OF THE DELAWARE CODE RELATING TO LICENSE AND APPLICATION FEES FOR HOSPICE SERVICES, HOME HEALTH AGENCIES, BIRTHING CENTERS, SURGICAL CENTERS AND EMERGENCY ROOMS, PRESCRIBED PEDIATRIC CARE CENTERS, HOSPITALS, NURSING HOMES AND RELATED INSTITUTIONS, AND HEALTH MAINTENANCE ORGANIZATIONS.

WHEREAS, the inspection and licensing of health care institutions promote quality care;

and

WHEREAS, the inspection of health care institutions assures that standards of care and staffing are maintained; and

WHEREAS, the inspection and licensing of health care Institutions assures that physical facilities of the institutions meet life safety codes; and

WHEREAS, the licensing of health care institutions provides for the rights of the patient;

NOW, THEREFORE:

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Three-fifths of all members elected to each House concurring therein):

"Section 1. Amend §122(3), Chapter 1, Title 16 of the Delaware Code by striking the current paragraph "m" in its entirety and substituting in lieu thereof a new paragraph "m" to read as follows:

"m. Establish standards for quality assurance in the operation of hospice programs and control the practice of such programs. Upon receipt of an application for license and the application fee of $100, the State Board of health shall issue a license if the hospice meets requirements established under this Chapter. A license, unless sooner suspended or revoked, shall be renewed annually upon filing by the licensee and payment of an annual licensure fee of $50. A provisional license, as authorized by the State Board of Health, shall be issued when health requirements are not met and a licensure fee of $50 has been submitted. A hospice which has been issued a provisional license shall resubmit the application fee for reinspection prior to the issuance of an annual license."

Section 2. Amend Section 122(3), Chapter 1, Title 16, of the Delaware Code by designating all of present paragraph "o" as new subparagraph 1 of said paragraph, and by adding thereto the following new subparagraph:

"2. Upon receipt of an application for licensure and the application fee of $100, the Board of Health shall issue a license if the home health agency meets the requirements established under this chapter. A license, unless sooner suspended or revoked, shall be renewed annually upon filing by the licensee and payment of an annual licensure fee of $50. A provisional license as authorized by the State Board of Health shall be issued when health requirements are not met and a licensure fee of $50 has been submitted. A home health agency which has been issued a provisional license shall resubmit the application fee for reinspection prior to the issuance of an annual license;"

Section 3. Amend Section 122(3), Chapter 1, Title 16, of the Delaware Code by inserting the following between the first sentence and the second sentence of paragraph "p":

"Upon receipt of an application for license and the application fee of $150 for Free Standing Birthing Centers, $250 for Free Standing Surgical Centers and $250 for Free Standing Emergency Centers, the State Board of Health shall issue a license if the facility meets the requirements established under this chapter. A license unless sooner suspended or revoked, shall be renewed annually upon filing by the licensee and payment of an annual licensure fee of $75 for Free Standing Birthing Centers, $150 for Free Standing Surgical Centers and $150 for Free Standing Emergency Centers. A provisional license as authorized by the State Board of Health shall be issued when health requirements are not met and a licensure fee of $75 for Free Standing Birthing Centers, $150 for Free Standing Surgical Centers and $150 for Free Standing Emergency Centers has been submitted For each facility which has been issued a provisional license, there shall be resubmission of the application fee for reinspection prior to the issuance of an annual license."

Section 4. Amend Section 122(3), Chapter 1, Title 16, of the Delaware Code by re-designating present paragraph "q" as new subparagraph 1, of said paragraph and by adding thereto the following new subparagraph:

"2. Upon receipt of an application for license and the application fee of $100, the State Board of health shall issue a license if the Prescribed Pediatric Extended Care Center meets the requirement established under this chapter. A license, unless sooner suspended or revoked, shall be renewed annually upon filing by the licensee and payment of an annual licensure fee of $50. A provisional license as authorized by the State Board of Health shall be issued when health requirements are not met and a licensure fee of $50 has been submitted. For each home health agency which has been issued a provisional license there shall be resubmission of the application fee for reinspection prior to the issuance of an annual license."

Section 5. Amend §1005, Chapter 14, Title 16 of the Delaware Code by striking said section in its entirety and substituting in lieu thereof the following:

"Section 1005. Issuance and Renewal of License.

(a) Upon receipt of an application for license and the application fee of $250 for hospitals with 100 beds or fewer and $375 for hospitals with more than 100 beds, the State Board of Health shall issue a license if the applicant and hospital facilities meet the requirements established under this Chapter.

(b) A license, unless sooner suspended or revoked, shall be renewed annually upon filing by the licensee and payment of an annual licensure fee of $150 for hospitals with 100 beds or fewer and $250 for hospitals with more than 100 beds.

(c) A provisional or restricted license as authorized by the State Board of health shall be issued when health requirements are not met, upon payment of a licensure fee of $150 for hospitals with 100 beds or fewer and $250 for hospitals with more than 100 beds. For each hospital which has been issued a provisional or restricted license there shall be resubmission of the application fee for reinspection prior to the issuance of an annual license."

Section 6. Amend §1106, Chapter 11, Title 16 of the Delaware Code by deleting subsection (b) In its entirety and substituting in lieu thereof the following:

"(b) Fees for issuance and renewal of licenses and provisional licenses issued pursuant to the provisions of this Chapter shall be established as stated below and shall be remitted to the General Fund of the State of Delaware.

(1) Application fees for nursing homes shall be $250 for nursing homes with 100 beds or fewer, and $375 for nursing homes with more than 100 beds. Application fees for Intermediate care group homes for mentally retarded persons shall be $50; application fees for neighborhood group homes shall be $25; application fees for family care homes shall be $25. The fee must accompany an application for
licensure.

(2) A license, unless sooner suspended or revoked, shall be renewed annually upon filing by the licensee and a payment of an annual licensure fee of: $150 for nursing homes with 100 beds or fewer; $250 for nursing homes with more than 100 beds; $50 for intermediate care group homes for the mentally retarded; $25 for neighborhood group homes; $25 for family care homes.

(3) A provisional or restricted license as authorized by the State Board of Health shall be issued when health requirements are not met. Fees shall be the same as stated in (b)(2) above. For health care facilities that have been issued a provisional or restricted license, there shall be resubmission of the application fee for reinspection prior to the issuance of an annual license."

Section 7. Amend §9111, Chapter 91, Title 16 of the Delaware Code by striking paragraphs (1) and (2) and substituting in lieu thereof the following:

"(1) For filing an application for a certificate of authority...$375 (2) For filing an annual report...$250"

Section 8. If any clause, sentence, section, provision or part of this Act shall be adjudged to be unconstitutional or invalid for any reason by any court of competent jurisdiction, such judgment shall not impair, invalidate or affect the remainder of this Act which shall remain in full force and effect.

Section 9. This Act shall become effective 30 days after its passage.

Approved July 2, 1990.