CHAPTER 3

FORMERLY

HOUSE BILL NO. 45

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE REGULATION OF NURSING FACILITIES AND OR SIMILAR FACILITIES AND ABUSE, NEGLECT, MISTREATMENT, OR FINANCIAL EXPLOITATION OF PATIENTS OR RESIDENTS.

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

Section 1. Amend Section 1106, Chapter 11, Title 16 of the Delaware Code by deleting said section in its entirety and substituting in lieu thereof the following:

Ҥ 1106. Issuance of licenses.

(a) Fees for issuance and renewal of licenses issued pursuant to the provisions of this chapter shall be established as stated below and shall be remitted to the General Fund of the State.

(1) Application fees for nursing facilities shall be $250 for nursing facilities with 100 beds or fewer, and $375 for nursing facilities with more than 100 beds. Application fees for intermediate care group homes for mentally retarded persons shall be $50; application fees for neighborhood group homes shall be $25; application fees for family care homes shall be $25. The fee must accompany an application for licensure.

(2) A license, unless sooner suspended or revoked, shall be renewed annually upon filing by the licensee and a payment of an annual licensure fee of: $150 for nursing facilities with 100 beds or fewer; $250 for nursing facilities with more than 100 beds; $50 for intermediate care group homes for the mentally retarded; $25 for neighborhood group homes; and $25 for family care homes."

Section 2. Amend Section 1106, Chapter 11, Title 16 of the Delaware Code by deleting said section in its entirety and inserting in lieu thereof the following:

Ҥ 1106. License or renewal fees.

(a) The fees for issuance and renewal of licenses pursuant to this Chapter shall not exceed $150 plus:

(1) $250 for facilities with less than 100 units of capacity or bed space for which a license is sought, and $400 for facilities with more than 100 units of capacity or bed space for which a license is sought; and

(2) A background examination fee for initial applications in an amount set by the Department necessary to defray its expenses in administering its duties under §1104(c) and (d), but not to exceed $500.

(3) Notwithstanding paragraphs (1) and (2) above, the total fee shall be $50 for facilities with ten or less units of capacity or bed space for which a license is sought.

(b) The license fee must be paid with each application for initial license, a renewal license, or a change of ownership license. An approved increase in bed space is subject to an additional fee.

(c) The State is not required to pay the license fee for any facilities it operates or owns which require licensure under this chapter.

(d) All license fees collected by the Department shall be remitted to the General Fund."

Section 3. Amend Section 1108, Chapter 11, Title 16 of the Delaware Code by inserting “This section shall become effective on March 31, 1999,” after the last sentence therein.

Section 4. Amend Section 1134(d)(13), Chapter 11, Title 16 of the Delaware Code by inserting “This paragraph shall become effective March 31, 1999,” after the first sentence of § 1134(d)(13).

Section 5. Sections 1, 3, 4 and 5 of this legislation shall be effective upon enactment. Section 2 of this legislation shall be effective as of March 31, 1999.

Approved September 03,1999