CHAPTER 418

FORMERLY

HOUSE BILL NO. 118

AS AMENDED BY HOUSE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 79, TITLE 29, DELAWARE CODE RELATING TO FINANCIAL LIABILITY OF RELATIVES OF PERSONS SERVED BY THE DEPARTMENT OF HEALTH AND SOCIAL SERVICES.

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

Section 1. Amend Subsection 7940(a), Chapter 79, Title 29 of the Delaware Code by striking the words "spouse, parents or children" as they appear in the first sentence thereof and substituting the words "spouse or parents".

Section 2. Amend Subsection 7940(a), Chapter 79, Title 29 of the Delaware Code by deleting the second sentence in its entirety and substituting in lieu thereof the following: "Notwithstanding any other provision of the Delaware Code, parents and spouses of a patient shall not be required to pay all or part of any of the cost of care of any patient if (i) with respect to parental liability, the patient shall have attained the age of 18 years, or, (ii) with respect to spousal liability, the patient shall have attained the age of 18 years and shall have been a patient in 1 or more of the institutions served by the Department for a period of 5 years.

Section 3. Amend Subsection 7940(c), Chapter 79, Title 29 of the Delaware Code by striking the words "spouse, parents or children" as they appear in the last sentence and substituting the words "spouse or parents" in lieu thereof.

Section 4. Financial liability for services provided by the Department

prior to the enactment of this Act which remain unpaid as of the date this Act becomes law and which would not arise henceforth under the provisions of this Act shall also be extinguished.

Approved July 20, 1992