CHAPTER 341

FORMERLY

HOUSE BILL NO. 627

AS AMENDED BY HOUSE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 16, CHAPTER 99 AND CHAPTER 20 OF THE DELAWARE CODE RELATING TO THE DELAWARE HEALTH CARE COMMISSION, ESTABLISHING A HEALTH CARE COST CONTAINMENT COMMITTEE.

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

Section 1. Amend §9901, Title 16 of the Delaware Code by adding thereto new subsections to read as follows:

"(e) The General Assembly further finds and declares that rational cost containment of health care costs is in the interests of all Delaware citizens.

The General Assembly further finds and declares that since Delaware hospitals provide care to all citizens, regardless of their ability to pay, the costs of providing care to the uninsured and indigent are shifted to those who do pay.

The General Assembly further finds and declares that the majority of Delawareans pay for these shifted costs, primarily through inflated insurance premiums.

The General Assembly further finds and declares that in order for the Delaware Health Care Commission to carry out its duties in compliance with these findings a means of containing health care costs must be developed and implemented."

Section 2. Amend Chapter 99, Title 16 of the Delaware Code by adding a new Section to read as follows:

"§9905. Health Care Cost Containment Committee.

There is hereby established the Health Care Cost Containment
Committee, hereinafter referred to as the committee, which is charged with reviewing factors that drive up hospital costs, with the purpose of recommending to the Commission specific means of containing the growth of such costs through voluntary, administrative, legislative, regulatory and other innovative health financing mechanisms. The Committee shall explore creative methods to reduce cost shifting and access appropriate federal funding. Such methods may include review of regulation; establishing ways to reduce the level of uncompensated hospital care thereby reducing the amount of cost shifting by hospitals to those who pay; and establishing standards for dealing with the use of medical technology.

The Committee shall consist of sixteen members, thirteen of whom shall be appointed by the Governor as follows: A representative of the executive branch; a representative of small business designated by the State Chamber of Commerce; two representatives designated by the Delaware Business Roundtable; a representative designated by the Delaware Medical Society; a representative designated by the Health Insurance Association of America; a representative designated by Blue Cross/Blue Shield of Delaware; a representative designated by the Delaware State Bar Association; four representatives designated by the Association of Delaware Hospitals; a representative of the Health Care Commission; and the Chairman of the Health Resources Management Council or his designee. A representative of the Delaware State Senate appointed by the
President Pro Tem and a representative of the Delaware State House of Representatives appointed by the Speaker of the House of Representatives shall also be members of the committee. The Chairman shall be appointed by the Chairperson of the Health Care Commission with the concurrence of the Governor.

Notwithstanding the provisions in §§2203 and 2004 of this title to the contrary, the Committee is authorized to receive and review hospital reports and specific data that is compiled by the Health Resources Management Council and the Bureau of Health Planning and Resources Management. The collection,
compilation, data analysis and dissemination of said reports by the Committee shall be done in a manner that protects the privacy of any individual about whom information is given. The Committee shall consider confidential any

information that explicitly or implicitly identifies an individual. Raw data

shall not be available for public inspection nor is it a public record within the meaning of the Delaware Freedom of Information Act.

(d) All compilations prepared and authorized by the Committee for release and dissemination shall be public records and efforts will be made to assure their accessibility. (67 Del. Laws, c. 143, §1.)

§9906. Committee Reporting Requirements.

The Committee shall report their recommendation(s) to the Health Care Commission, the Governor and the General Assembly on or before December 31, 1993. The Committee and all provisions of §9905 of this title shall sunset December 31, 1993."

Approved July 9, 1992.