CHAPTER 185

FORMERLY

HOUSE BILL NO. 483

AN ACT AMENDING 31 DEL. C §505 TO CLARIFY THAT THE PURPOSE OF SECTION 505 IS TO ALLOW PROVISION OF CERTAIN WELFARE SERVICES BY THE STATE RATHER THAN MANDATE THE PROVISION OF SUCH SERVICES.

WHEREAS, on September 16, 1981, Superior Court held that 31 Del. C. §505 (6) (b) provides for a mandatory program of medical assistance to the medically indigent aTinhat 31 Del. C. §505 (6) (b) was enacted by the General Assembly to require adoption of the federal medically needy option of the Medicaid program; and

WHEREAS, operation of a medically needy program is not mandated by federal legislation, but States have an option whether or not to participate in the program; and

WHEREAS, at least since 1973, the State has not operated a medically indigent program; and

WHEREAS, at no time during the 131st General Assembly has the Department of Health and Social Services sought nor the General Assembly appropriated funds to operate a medically needy program; and

WHEREAS, it was not the intention of the 131st General Assembly, as suggested by the Court, that monies currently appropriated to the Department of Health and Social Services in respect of the entire Medicaid program be used to operate a medically needy program; and

WHEREAS, complicance by the Department of Health and Social Services with the Court's Order could cause the exhaustion of currently appropriated funds well before the end of the current fiscal year.

NOW, THEREFORE:

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend 31 Del. C. 5505 by striking the word "shall" in the first line of 5505 and substitute in lieu thereof the word "may".

Approved October 5, 1981.