CHAPTER 499

FORMERLY SENATE BILL NO. 703

AS AMENDED BY SENATE

AMENDMENT NOS. 1 & 2 AND HOUSE AMENDMENT

NOS. 1 & 2

AN ACT TO AMEND CHAPTER 28, PART II, TITLE 31 OF THE DELAWARE CODE RELATING TO THE DELAWARE HOME AND HOSPITAL FOR THE CHRONICALLY ILL AT SMYRNA; AND CHANGING CERTAIN REQUIREMENTS PERTAINING TO RESIDENCY, LIENS AGAINST THE ESTATE OF INMATE AND OTHER ASPECTS OF ADMISSION TO AND OPERATION OF THE HOME.

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

Section 1. Amend Subsection (b), Section 2821, Chapter 28, Title 31 of the Delaware Code, by striking said Subsection in its entirety, and substituting in lieu thereof the following:

"(b) Facilities shall be afforded to the patients for their educational improvement, edifying and inspirational entertainment, and healthful recreation."

Section 2. Amend § 2822, Subchapter H, Chapter 28, Title 31 of the Delaware Code, by striking said section in its entirety, and substituting in lieu thereof the following:

§ 2822. Requirements for admittance to the Home

There shall be two different sets of admission requirements to the Home, one for persons applying under Title XIX of the Social Security Act, and another for those not applying under Title XIX:

(a) An applicant under Title XIX may be temporarily admitted to the Home, on the written order of any member of the Board in the interim between meetings of the Board, or by order of the Board when in session upon presentation to the member of the Board, or to the Board as a whole, of a statement in writing setting forth the facts describing such person's case, which shall be attested by two credible witnesses and verified under oath. In

every such case the Board shall cause diligent inquiry to be made into all the facts and circumstances in the applicant's case, and upon ascertainment that the statements submitted is just and true, may make such further order respecting such person as the facts and circumstances may warrant.

(b) Any other person having been a resident in this State for a continuous period of one year, who has been unable to obtain employment or is unable to work, who has no property and income sufficient to provide the necessities of life, who has no permanent place of abode and no relatives or friends to care for him, may be admitted for the time being to the Home, on the written order of any member of the Board in the interim between meetings of the Board, or by order of the Board when in session, upon presentation to the member of the Board, or to the Board as a whole of a statement in writing stating forth the facts in such person's case, attested by two credible witnesses and verified under oath. In every such case, the Board shall cause diligent inquiry to be made into all the facts and circumstances of such person's case, and upon ascertainment that the statement submitted is just and true, may make such further order respecting such person as the facts and circumstances may warrant.

Section 3. Amend § 2823, Subchapter II, Chapter 28, Title 31 of the Delaware Code, by striking Subsection (a) and Subsection (b) in their entirety and substituting in lieu thereof the following:

"(a) No mentally ill person shall be admitted to the home.

(b) Any patient of the Home who is guilty of the violation of any law of the State of Delaware shall be dismissed and placed in the custody of the proper authorities. Any patient of the Home who becomes incorrigible shall be dismissed."

Section 4. Amend Subsection (a), Section 2830, Chapter 28, Title 31 of the Delaware Code, by striking said subsection in its entirety, and substituting in lieu thereof the following:

"(a) Patients at the home admitted under Title XIX, if found to own property shall not be liable for expenses incurred by the Home for their care and support."

Section 5. Amend Subsection (c), Section 2830, Chapter 28, Title 31 of the Delaware Code, by striking said subsection in its entirety, and substituting in lieu thereof the following:

"(c) in case of patients, other than those admitted under Title XIX, the Division shall take legal proceedings to seize property of patients to pay for expenses incurred in their care and support."

Section 6. Amend § 2831, Subchapter III, Chapter 28, Title 31 of the Delaware Code, by striking said section in its entirety, and substituting in lieu thereof the following:

§ 2831. Liability of relatives for expenses of care and support of patients

(a) The liability of relatives for expenses incurred in the care and support of a patient admitted under Title XIX shall be as follows: the husband of a Title XIX patient shall be responsible for the expenses of his wife and the wife of a patient admitted under Title XIX shall be financially responsible for the expenses of her husband; parents shall be financially responsible for the expenses incurred by their children who are patients at the Home if such children are under the age of eighteen, are blind, or are permanently or totally disabled.

(b) The spouse, parents, or children of a person not admitted under Title XIX, shall be liable, in the order above-named, for the expenses incurred in the care and support of such person; provided that they are found able to pay such expenses. The Board shall take legal proceedings to enforce this liability, if warranted by the facts and circumstances."

Section 7, Amend Section 2820, Subchapter II, Chapter 28, Title 31, Delaware Code, by striking said section in its entirety, and inserting in lieu thereof a new section to read as follows:

§ 2820. Jurisdiction over Home; rules and regulations; power to contract

The State Board of Health shall have full jurisdiction and control over the Home and its patients. It may adopt and enforce rules and regulations for the exercise of its powers and the performance of its duties, and may adopt such rules and

regulations to permit participation in Federal and other programs for the benefit of patients and the State. The/ State Board of Health shall also have the power to enter into contracts in the name of the State for the erection of additional buildings and facilities and for their appointment and equipment.

Approved July 7, 1972.