CHAPTER 387

FORMERLY

SENATE BILL NO. 318

AS AMENDED BY

SENATE AMENDMENT NO. 1

AN ACT TO AMEND TITLES 16 AND 29 OF THE DELAWARE CODE RELATING TO HEALTH AND SAFETY AND STATE GOVERNMENT.

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

Section 1. Amend §1121(18) of Title 16 of the Delaware Code by adding the following at the end thereof:

“If a patient or resident is transferred out of a facility to an acute care facility, the facility must accept the patient or resident back into the facility when the resident no longer needs acute care and there is space available in the facility. If no space is available, the resident shall be accepted into the next available bed.”

Section 2. Amend §7971 of Title 29 of the Delaware Code by adding a new subsection as follows:

“(14) Suspend or revoke the certificate of a certified nursing assistant for cause. Cause to suspend or revoke a certificate shall include, but is not limited to, (i) the suspension or revocation of the certified nursing assistant’s certificate by another state, and (ii) circumstances where the certificate was obtained using false information.”

Section 3. Amend §1230(3) of Title 16 of the Delaware Code by adding the following at the end thereof:

“d. Requests for hospital records by the Division of Long Term Care Residents’ Protection pursuant to §1232 of this subchapter.”

Section 4. Amend §1232(d) of Title 16 of the Delaware Code by adding the following at the end thereof:

“(6) To the Division of Long Term Care Residents’ Protection in cases where the Division is engaged in an investigation or survey involving the care or treatment of an individual at a facility licensed by the Division, and the individual has been admitted to a hospital from the facility or discharged from a hospital to the facility. The Division of Long Term Care Residents Protection is an entity charged with helping to safeguard the health and safety of patients. It shall be recognized as a ‘public health authority’ and as a ‘health oversight agency’, and it shall be recognized in the performance of its functions as a peer review organization or auditor or evaluator with respect to such aspects of health care delivery systems or providers.”

Section 5. Amend §7971(d)(3) of Title 29 of the Delaware Code by adding the following after the word “regulation”:

‘and in connection with such duties and functions shall have the authority to obtain an individual’s hospital records in cases where the Division is engaged in an investigation or survey involving the care or treatment of the individual at a facility licensed by the Division, and the individual has been admitted to a hospital from the facility or discharged from a hospital to the facility.’”

Approved July 10, 2006