CHAPTER 359

AN ACT TO AMEND TITLE 31, DELAWARE CODE, ENTITLED WELFARE, BY PROVIDING FOR MEDICAL ASSISTANCE FOR THE AGED AND APPROPRIATING FUNDS FOR MEDICAL ASSISTANCE FOR THE AGED.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. § 502, Title 31, Delaware Code, is amended by striking out the period at the end of the first sentence in the definition of "Medical Care" and adding the following: "and for individuals who are found eligible for Medical Assistance for the Aged."; and by inserting between the words "insurance" and "to" in the last sentence of the definition of "Medical Care" the following: "or other appropriate type of pre-paid coverage for the provision of health services and supplies."

Section 2. § 503, Title 31, Delaware Code, is amended by adding thereto a new paragraph (e) as follows:

(e) Eligibility for assistance provided as Medical Assistance for the Aged shall be determined under policies and regulations established by the Department which shall be based on the costs of providing health services and supplies related to the ability of applicants to pay such costs, such ability to be measured by consideration of the maintenance of an adequate standard of living and evaluation of resources. The rules and regulations governing payment for medical assistance rendered to any applicant prior to application shall be established by the Department. Eligibility standards shall be set at a level designed to insure that persons otherwise qualifying shall not be required to sacrifice a decent standard of living in order to provide for themselves needed health services and supplies and the Department shall, at least annually, review such standards and make such adjustments as are appropriate to maintain compliance with this intent. The amount of assistance allowed in each case of Medical Assistance for the Aged shall be sufficient to accomplish the purposes set forth herein but shall not duplicate any other coverage or payment made or available for the costs of such health services and supplies. No lien shall be imposed on the property of a recipient of Medical Assistance for the Aged or surviving spouse during the lifetime of either as a condition for receiving such assistance and no enrollment fee shall be charged.

Section 3. § 504, Title 31, Delaware Code, is amended by adding thereto a new paragraph (5) as follows:

(5) Medical Assistance for the Aged; assistance granted in the form of Medical Care as defined in Section 502, of this chapter, to persons 65 years of age or over who are not recipients of Old Age Assistance, who are medically needy, as defined by the Department, who are residing in Delaware (without regard to the length of residence in the State) or who are residents of Delaware but absent therefrom.

Section 4. § 505, Title 31, Delaware Code, is amended by striking out the number "(4)" as it appears therein and substituting in lieu thereof the number "(5)".

Section 5. § 517, Title 31, Delaware Code, is amended to read:

§ 517. Hospital and Medical Treatment for Recipients of Old Age Assistance and Medical Assistance for the Aged

Notwithstanding any other provision of law, the Levy Court of any county shall not provide for the hospital treatment and medical care of any individual receiving Old Age Assistance or Medical Assistance for the Aged pursuant to the provisions of this Chapter.

Section 6. There is hereby appropriated to the Department of Public Welfare for the fiscal year beginning July 1, 1964, and ending June 30, 1965, the sum of $110,000 to provide payments for Medical Assistance for the Aged.

Section 7. The Department of 'Public Welfare is empowered to expend from this appropriation for the purpose of administration of Medical Assistance for the Aged a sum not to exceed 10% of the amount hereby appropriated.

Section 8. This Act is a supplementary appropriation and the money appropriated herein shall be paid by the State Treasurer out of the moneys of the General Fund of the State of Delaware not otherwise appropriated.

Approved July 10, 1964.