A Department of Health and Social Services is established.

29 Del. C. 1953, §  7901;  57 Del. Laws, c. 301, §  1; 

(a) The administrator and head of the Department shall be the Secretary of the Department of Health and Social Services, who shall be a person qualified by training and experience to perform the duties of the office. The Secretary shall be appointed by the Governor, with the advice and consent of the Senate, and shall serve at the pleasure of the Governor. The Secretary shall be paid an annual salary not in excess of $34,000. The Secretary of the Department of Health and Social Services shall become a bona fide resident of the State within 6 months after his or her appointment; provided, however, that upon good cause shown, the Governor may grant an additional extension of 6 months. After becoming a resident of the State, the Secretary shall continuously be a resident of the State as long as he or she retains the office. Failure to obtain or retain such residency shall be an automatic resignation from said office.

(b) In the event the position of Secretary is vacant, the Governor, by appointment, shall have the power to fill the position of Deputy Secretary if vacant. A Deputy Secretary so appointed shall serve at the pleasure of the Governor and upon the position of Secretary being filled such Deputy Secretary may be removed from office by the Secretary with the written approval of the Governor.

(c) In the event of death, resignation, temporary incapacity or removal of the Secretary and prior to the appointment of a successor, the Governor may appoint the Deputy Secretary or the director of any division of the Department to serve as Acting Secretary. The Secretary may, during an absence from the State, appoint the Deputy Secretary or the director of any division of the Department to serve as Acting Secretary during such absence. In either case the Acting Secretary shall have all the powers and perform all the duties and functions of the Secretary during such absence or incapacity or until a successor is duly qualified and appointed.

29 Del. C. 1953, §  7902;  57 Del. Laws, c. 301, §  1;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 140, §  1;  73 Del. Laws, c. 68, §§  1-3; 

(a) The administrator and head of the Department is the Secretary of the Department of Health and Social Services (“Secretary”), who must be a person qualified by training and experience to perform the duties of the office.

(1) The Secretary is appointed, confirmed, and holds office as provided in § 10 of Article III of the Delaware Constitution.

(2) The Secretary is to be paid an annual salary as determined by the General Assembly in the annual appropriations act.

(3) The Secretary must obtain and retain residency in this State as provided in § 10 of Article III of the Delaware Constitution.

(b) In the event the position of Secretary is vacant, the Governor, by appointment, shall have the power to fill the position of Deputy Secretary if vacant. A Deputy Secretary so appointed shall serve at the pleasure of the Governor and upon the position of Secretary being filled such Deputy Secretary may be removed from office by the Secretary with the written approval of the Governor.

(c) In the event of death, resignation, temporary incapacity or removal of the Secretary and prior to the appointment of a successor, the Governor may appoint the Deputy Secretary or the director of any division of the Department to serve as Acting Secretary. The Secretary may, during an absence from the State, appoint the Deputy Secretary or the director of any division of the Department to serve as Acting Secretary during such absence. In either case the Acting Secretary shall have all the powers and perform all the duties and functions of the Secretary during such absence or incapacity or until a successor is duly qualified and appointed.

29 Del. C. 1953, §  7902;  57 Del. Laws, c. 301, §  1;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 140, §  1;  73 Del. Laws, c. 68, §§  1-3;  84 Del. Laws, c. 455, § 5; 

The Secretary may:

(1) Supervise, direct and account for the administration and operation of the Department, its divisions, subdivisions, offices, functions and employees;

(2) Appoint and fix the salary, with the written approval of the Governor, of the Deputy Secretary and the following division directors and office heads, who may be removed from office by the Secretary with the written approval of the Governor, and who shall have such powers, duties and functions in the administration and operation of the Department as may be assigned by the Secretary:

a. A Director of the Division of Public Health, who shall be known as the Director of Public Health, and who shall be someone qualified by training, education, experience, or ability to perform the duties of Director;

b. A Director of the Division of Substance Abuse and Mental Health, who shall be known as the Director of Mental Health, and who shall be qualified by appropriate formal education in a field such as psychiatric medicine, psychiatric nursing, clinical psychology or psychiatric social work directly related to the care and treatment of persons with mental or emotional conditions, by direct experience in the care and treatment of persons with mental or emotional conditions and by demonstrated administrative competence;

c. A Director of the Division of Social Services, who shall be known as the Director of Social Services, and who shall be qualified by education, ability and experience in the administration of social work or services;

d. An administrator and head of the Division of Business Administration and General Services who shall be known as the Chief of Business Administration and General Services and who shall be a person qualified by training and experience to perform the duties of the division;

e. An administrator and head of the Division of Planning, Research and Evaluation who shall be known as the Chief of Planning, Research and Evaluation and who shall be a person qualified by training and experience to perform the duties of the division;

f. A Director of the Division of Child Support Services, who shall be someone qualified by training, education, experience or ability to perform the duties of Director;

g. A Director of the Division of Services for Aging and Adults with Physical Disabilities, who shall be someone qualified by training, education, experience or ability to perform the duties of Director;

h. A Director of the Division of State Service Centers, who shall be someone qualified by training, education, experience or ability to perform the duties of Director;

i. A Director of the Division of Health Care Quality, who shall be someone qualified by training, education, experience or ability to perform the duties of Director;

(3) Appoint such additional personnel as may be necessary for the administration and operation of the Department within such limitations as may be imposed by law;

(4) Establish a Division of Business Administration and General Services in order to administer and coordinate the record keeping, transportation, fiscal affairs, data processing, statistics, accounting, personnel and such other general services for the Department as the Secretary may deem necessary for the proper, efficient and economical operation of the Department and to coordinate such general services and business administration with other departments, agencies and offices of the government of this State;

(5) Establish a Division of Planning, Research and Evaluation in order to provide for and carry out the future comprehensive planning of the programs, policies and operations of the Department and the evaluation, necessary research, data collection and analysis of the programs, policies and operations of the Department;

(6) Establish, consolidate, abolish, transfer or combine the powers, duties and functions of the divisions, subdivisions and offices within the Department as the Secretary, with the written approval of the Governor, may deem necessary, providing that all powers, duties and functions required by law shall be provided for and maintained;

(7) Make and enter into any and all contracts, agreements or stipulations, and retain, employ and contract for the services of private and public consultants, research and technical personnel and to procure by contract consulting, research, technical and other services and facilities, whenever the same shall be deemed by the Secretary necessary or desirable, in the performance of the functions of the Department and whenever funds shall be available for such purpose. All necessary legal services shall be provided pursuant to Chapter 25 of this title;

(8) Delegate any of the Secretary’s powers, duties or functions to a director of a division, except the Secretary’s power to remove employees of the Department or to fix their compensation;

(9) Establish and promulgate such rules and regulations governing the administration and operation of the Department as may be deemed necessary by the Secretary and which are not inconsistent with the laws of this State;

a. The Secretary shall, in cooperation with the appropriate division directors and office heads, adopt regulations which require dementia specific training each year for persons who are certified, licensed, or registered by the State, and/or who are partially or fully funded by the State, to provide direct healthcare services to persons diagnosed as having Alzheimer’s disease or other forms of dementia. The mandatory training must include the following topics:

1. Communicating with persons diagnosed as having Alzheimer’s disease or other forms of dementia;

2. The psychological, social, and physical needs of those persons; and

3. Safety measures which need to be taken with those persons.

The mandatory training required under this paragraph applies only to those health-care providers who must participate in continuing education programs;

b. The provisions of paragraph (9)a. of this section do not apply to persons certified to practice medicine under the Medical Practice Act, Chapter 17 of Title 24 or first responders including police officers, firefighters and emergency medical technicians.

(10) Maintain such facilities throughout the State as may be required for the effective and efficient operation of the Department;

(11) Adopt an official seal or seals for the Department;

(12) The Secretary in cooperation with the division directors shall prepare a proposed budget for the operation of the Department to be submitted for the consideration of the Governor and the General Assembly. The Department shall be operated within the limitations of the annual appropriation and any other funds appropriated by the General Assembly. Special funds may be used in accordance with approved programs, grants and appropriations;

(13) The Secretary shall be the successor to the State Board of Health exercising the powers and duties granted the Board by Title 16 or § 7904 of this title, which are not inconsistent with the laws of this State;

(14) The Secretary is empowered to administer a state revolving loan program in accordance with requirements set forth in the Federal Safe Drinking Water Act [42 U.S.C. § 300f et seq.].

a. Delaware Safe Drinking Water Revolving Fund. — There is hereby established a “Delaware Safe Drinking Water Revolving Fund” as contemplated by and to be administered pursuant to the Federal Safe Drinking Water Act. All federal capitalization grants received pursuant to the Federal Safe Drinking Water Act, all required matching state funds, and all loan repayments received by the State pursuant to any loan agreement made under the Delaware Safe Drinking Water Revolving Fund shall be credited to the Delaware Safe Drinking Water Revolving Fund. In addition, all proceeds of obligations issued by the State and supported by a pledge or other interest in the funds in the Delaware Safe Drinking Water Revolving Fund shall be held in or for such fund. The Delaware Safe Drinking Water Revolving Fund shall be deemed to be a special fund and shall be approved by the Governor for the following purposes:

1. To accept and retain the funds and revenues specified herein;

2. To make loans to eligible persons for qualifying purposes under the Federal Safe Drinking Water Act;

3. To buy or refinance debt obligations of eligible persons for qualifying purposes under the Federal Safe Drinking Water Act;

4. To guarantee or purchase insurance for obligations of eligible persons for qualifying purposes under the Safe Drinking Water Act;

5. To be a source of revenue or security for the payment of principal and interest on revenue bonds of the State if the proceeds of the sale of such bonds will be deposited in the Delaware Safe Drinking Water Revolving Fund;

6. To earn interest on amounts on deposit in such fund;

7. To establish all necessary interest bearing accounts for deposit of loan repayments;

8. To finance the reasonable costs incurred by the State in the administration of the Delaware Safe Drinking Water Revolving Fund as permitted under the Federal Safe Drinking Water Act; and

9. To accomplish any other allowable purpose under the Federal Safe Drinking Water Act.

The Department is designated as the administering agency of the Delaware Safe Drinking Water Revolving Fund and shall have such power necessary to administer such fund including, but not limited to, the power to enter into capitalization grant agreements with the Environmental Protection Agency, the power to accept capitalization grant awards made under the Federal Safe Drinking Water Act and the power to make loans in accordance with the requirements of the Federal Safe Drinking Water Act, and Chapter 61 of this title, or any successor statute. The Department shall coordinate implementation of the Delaware Safe Drinking Water Revolving Fund with the Delaware Department of Natural Resources and Environmental Control which shall be responsible for financial administration of the loan portion of the Drinking Water State Revolving Fund. The Department shall take all actions necessary to secure for the State the benefits of the Federal Safe Drinking Water Act.

b. Standards and procedures. — Before making any loan from the Delaware Safe Drinking Water Revolving Fund, the Department shall specify:

1. Standards for the eligibility of borrowers and the type of projects to be financed with loans;

2. Procedures for the preparation, review and approval of the “project priority” list, which must contain those projects for which financial assistance is sought;

3. Procedures for submitting applications for financial assistance and procedures for Department approval of such applications;

4. Procedures for completing an environmental review of projects otherwise qualifying under this paragraph which shall be sufficiently consistent with the provisions for environmental review established under applicable state and federal requirements;

5. Conditions for financial assistance; and

6. Other relevant criteria, standards and procedures.

Standards and procedures specified under this paragraph shall provide for final recommendations by the Water Infrastructure Advisory Council of any loan from the Delaware Safe Drinking Water Revolving Fund and the “project priority” list as required by Chapter 61 of this title, or any successor statute.

29 Del. C. 1953, §  7903;  57 Del. Laws, c. 301, §  1;  57 Del. Laws, c. 591, §  58;  59 Del. Laws, c. 136, §  1;  59 Del. Laws, c. 273, §  1;  60 Del. Laws, c. 251, §  1;  61 Del. Laws, c. 274, §  1;  62 Del. Laws, c. 68, §  116;  62 Del. Laws, c. 86, §  11;  64 Del. Laws, c. 467, §  1;  65 Del. Laws, c. 89, §  2;  69 Del. Laws, c. 345, §  1;  70 Del. Laws, c. 149, §  220;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 212, §  1;  71 Del. Laws, c. 290, §  3;  71 Del. Laws, c. 486, §  3;  71 Del. Laws, c. 489, §  1;  73 Del. Laws, c. 41, §  1;  73 Del. Laws, c. 68, §  4;  77 Del. Laws, c. 246, §  1;  78 Del. Laws, c. 179, §§  313, 314;  79 Del. Laws, c. 48, §  3;  79 Del. Laws, c. 265, §  2;  80 Del. Laws, c. 234, §  26;  81 Del. Laws, c. 209, § 11;  84 Del. Laws, c. 92, § 8; 

The Secretary may:

(1) Supervise, direct and account for the administration and operation of the Department, its divisions, subdivisions, offices, functions and employees;

(2) Appoint and fix the salary, with the written approval of the Governor, of the Deputy Secretary and the following division directors and office heads, who may be removed from office by the Secretary with the written approval of the Governor, and who shall have such powers, duties and functions in the administration and operation of the Department as may be assigned by the Secretary:

a. A Director of the Division of Public Health, who shall be known as the Director of Public Health, and who shall be a licensed physician who shall have had at least 1 year of postgraduate training in public health, or in lieu thereof at least 5 years of experience as a full-time health official;

b. A Director of the Division of Substance Abuse and Mental Health, who shall be known as the Director of Mental Health, and who shall be qualified by appropriate formal education in a field such as psychiatric medicine, psychiatric nursing, clinical psychology or psychiatric social work directly related to the care and treatment of persons with mental or emotional conditions, by direct experience in the care and treatment of persons with mental or emotional conditions and by demonstrated administrative competence;

c. A Director of the Division of Social Services, who shall be known as the Director of Social Services, and who shall be qualified by education, ability and experience in the administration of social work or services;

d. An administrator and head of the Division of Business Administration and General Services who shall be known as the Chief of Business Administration and General Services and who shall be a person qualified by training and experience to perform the duties of the division;

e. An administrator and head of the Division of Planning, Research and Evaluation who shall be known as the Chief of Planning, Research and Evaluation and who shall be a person qualified by training and experience to perform the duties of the division;

f. A Director of the Division of Child Support Services, who shall be someone qualified by training, education, experience or ability to perform the duties of Director;

g. A Director of the Division of Services for Aging and Adults with Physical Disabilities, who shall be someone qualified by training, education, experience or ability to perform the duties of Director;

h. A Director of the Division of State Service Centers, who shall be someone qualified by training, education, experience or ability to perform the duties of Director;

i. A Director of the Division of Health Care Quality, who shall be someone qualified by training, education, experience or ability to perform the duties of Director;

(3) Appoint such additional personnel as may be necessary for the administration and operation of the Department within such limitations as may be imposed by law;

(4) Establish a Division of Business Administration and General Services in order to administer and coordinate the record keeping, transportation, fiscal affairs, data processing, statistics, accounting, personnel and such other general services for the Department as the Secretary may deem necessary for the proper, efficient and economical operation of the Department and to coordinate such general services and business administration with other departments, agencies and offices of the government of this State;

(5) Establish a Division of Planning, Research and Evaluation in order to provide for and carry out the future comprehensive planning of the programs, policies and operations of the Department and the evaluation, necessary research, data collection and analysis of the programs, policies and operations of the Department;

(6) Establish, consolidate, abolish, transfer or combine the powers, duties and functions of the divisions, subdivisions and offices within the Department as the Secretary, with the written approval of the Governor, may deem necessary, providing that all powers, duties and functions required by law shall be provided for and maintained;

(7) Make and enter into any and all contracts, agreements or stipulations, and retain, employ and contract for the services of private and public consultants, research and technical personnel and to procure by contract consulting, research, technical and other services and facilities, whenever the same shall be deemed by the Secretary necessary or desirable, in the performance of the functions of the Department and whenever funds shall be available for such purpose. All necessary legal services shall be provided pursuant to Chapter 25 of this title;

(8) Delegate any of the Secretary’s powers, duties or functions to a director of a division, except the Secretary’s power to remove employees of the Department or to fix their compensation;

(9) Establish and promulgate such rules and regulations governing the administration and operation of the Department as may be deemed necessary by the Secretary and which are not inconsistent with the laws of this State;

a. The Secretary shall, in cooperation with the appropriate division directors and office heads, adopt regulations which require dementia specific training each year for persons who are certified, licensed, or registered by the State, and/or who are partially or fully funded by the State, to provide direct healthcare services to persons diagnosed as having Alzheimer’s disease or other forms of dementia. The mandatory training must include the following topics:

1. Communicating with persons diagnosed as having Alzheimer’s disease or other forms of dementia;

2. The psychological, social, and physical needs of those persons; and

3. Safety measures which need to be taken with those persons.

The mandatory training required under this paragraph applies only to those health-care providers who must participate in continuing education programs;

b. The provisions of paragraph (9)a. of this section do not apply to persons certified to practice medicine under the Medical Practice Act, Chapter 17 of Title 24 or first responders including police officers, firefighters and emergency medical technicians.

(10) Maintain such facilities throughout the State as may be required for the effective and efficient operation of the Department;

(11) Adopt an official seal or seals for the Department;

(12) The Secretary in cooperation with the division directors shall prepare a proposed budget for the operation of the Department to be submitted for the consideration of the Governor and the General Assembly. The Department shall be operated within the limitations of the annual appropriation and any other funds appropriated by the General Assembly. Special funds may be used in accordance with approved programs, grants and appropriations;

(13) The Secretary shall be the successor to the State Board of Health exercising the powers and duties granted the Board by Title 16 or § 7904 of this title, which are not inconsistent with the laws of this State;

(14) The Secretary is empowered to administer a state revolving loan program in accordance with requirements set forth in the Federal Safe Drinking Water Act [42 U.S.C. § 300f et seq.].

a. Delaware Safe Drinking Water Revolving Fund. — There is hereby established a “Delaware Safe Drinking Water Revolving Fund” as contemplated by and to be administered pursuant to the Federal Safe Drinking Water Act. All federal capitalization grants received pursuant to the Federal Safe Drinking Water Act, all required matching state funds, and all loan repayments received by the State pursuant to any loan agreement made under the Delaware Safe Drinking Water Revolving Fund shall be credited to the Delaware Safe Drinking Water Revolving Fund. In addition, all proceeds of obligations issued by the State and supported by a pledge or other interest in the funds in the Delaware Safe Drinking Water Revolving Fund shall be held in or for such fund. The Delaware Safe Drinking Water Revolving Fund shall be deemed to be a special fund and shall be approved by the Governor for the following purposes:

1. To accept and retain the funds and revenues specified herein;

2. To make loans to eligible persons for qualifying purposes under the Federal Safe Drinking Water Act;

3. To buy or refinance debt obligations of eligible persons for qualifying purposes under the Federal Safe Drinking Water Act;

4. To guarantee or purchase insurance for obligations of eligible persons for qualifying purposes under the Safe Drinking Water Act;

5. To be a source of revenue or security for the payment of principal and interest on revenue bonds of the State if the proceeds of the sale of such bonds will be deposited in the Delaware Safe Drinking Water Revolving Fund;

6. To earn interest on amounts on deposit in such fund;

7. To establish all necessary interest bearing accounts for deposit of loan repayments;

8. To finance the reasonable costs incurred by the State in the administration of the Delaware Safe Drinking Water Revolving Fund as permitted under the Federal Safe Drinking Water Act; and

9. To accomplish any other allowable purpose under the Federal Safe Drinking Water Act.

The Department is designated as the administering agency of the Delaware Safe Drinking Water Revolving Fund and shall have such power necessary to administer such fund including, but not limited to, the power to enter into capitalization grant agreements with the Environmental Protection Agency, the power to accept capitalization grant awards made under the Federal Safe Drinking Water Act and the power to make loans in accordance with the requirements of the Federal Safe Drinking Water Act, and Chapter 61 of this title, or any successor statute. The Department shall coordinate implementation of the Delaware Safe Drinking Water Revolving Fund with the Delaware Department of Natural Resources and Environmental Control which shall be responsible for financial administration of the loan portion of the Drinking Water State Revolving Fund. The Department shall take all actions necessary to secure for the State the benefits of the Federal Safe Drinking Water Act.

b. Standards and procedures. — Before making any loan from the Delaware Safe Drinking Water Revolving Fund, the Department shall specify:

1. Standards for the eligibility of borrowers and the type of projects to be financed with loans;

2. Procedures for the preparation, review and approval of the “project priority” list, which must contain those projects for which financial assistance is sought;

3. Procedures for submitting applications for financial assistance and procedures for Department approval of such applications;

4. Procedures for completing an environmental review of projects otherwise qualifying under this paragraph which shall be sufficiently consistent with the provisions for environmental review established under applicable state and federal requirements;

5. Conditions for financial assistance; and

6. Other relevant criteria, standards and procedures.

Standards and procedures specified under this paragraph shall provide for final recommendations by the Water Infrastructure Advisory Council of any loan from the Delaware Safe Drinking Water Revolving Fund and the “project priority” list as required by Chapter 61 of this title, or any successor statute.

29 Del. C. 1953, §  7903;  57 Del. Laws, c. 301, §  1;  57 Del. Laws, c. 591, §  58;  59 Del. Laws, c. 136, §  1;  59 Del. Laws, c. 273, §  1;  60 Del. Laws, c. 251, §  1;  61 Del. Laws, c. 274, §  1;  62 Del. Laws, c. 68, §  116;  62 Del. Laws, c. 86, §  11;  64 Del. Laws, c. 467, §  1;  65 Del. Laws, c. 89, §  2;  69 Del. Laws, c. 345, §  1;  70 Del. Laws, c. 149, §  220;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 212, §  1;  71 Del. Laws, c. 290, §  3;  71 Del. Laws, c. 486, §  3;  71 Del. Laws, c. 489, §  1;  73 Del. Laws, c. 41, §  1;  73 Del. Laws, c. 68, §  4;  77 Del. Laws, c. 246, §  1;  78 Del. Laws, c. 179, §§  313, 314;  79 Del. Laws, c. 48, §  3;  79 Del. Laws, c. 265, §  2;  80 Del. Laws, c. 234, §  26;  81 Del. Laws, c. 209, § 11;  84 Del. Laws, c. 92, § 8;  84 Del. Laws, c. 92, § 9; 

(a) There is hereby established the Division of Public Health under the direction and control of the Secretary of the Department of Health and Social Services for the purpose of protecting and promoting the health of the people.

(b) “Core public health and preventive services” as used in this section are those activities that lay the groundwork for health communities. They are activities that protect people from diseases and injury. They include activities that:

(1) Prevent and control communicable disease epidemics;

(2) Promote healthy behaviors to control chronic disease;

(3) Monitor the health of the population through data analysis and epidemiological studies;

(4) Result in policies to promote the health of the public;

(5) Assure quality health services and systems for the population;

(6) Result in the setting of standards for the protection of the public’s health;

(7) Provide assistance during disasters;

(8) Assess environmental health risks; and

(9) Offer health protection strategies to environmental control agencies.

(c) The mission of the Division is to protect and promote the health of the people. The Division’s responsibilities include the following:

(1) Monitor and assess the health status of the population of the State.

(2) Use scientific knowledge as the basis to promote public policy to protect the health of the people.

(3) Perform duties and functions as may be necessary to assure the protection of the public’s health.

(d) The Division shall provide core public health and preventive services that include the following:

(1) Advocate for and facilitate a strong public health delivery system that assures all Delaware citizens have access to core public health and preventive services.

(2) Serve as the focal point in bringing together public and private entities to create public health objectives and strategies for Delaware.

(3) Facilitate and support community efforts, including the creation of public/private partnerships, for the prevention of disease and injury and the promotion of health.

(4) Monitor the health of the population through the collection and analysis of data on health status, including epidemiological and other studies of health problems.

(5) Develop and provide information on the prevention and control of health problems affecting the population, including environmentally-related illness, communicable disease, chronic disease, injury and such other problems as may affect the public’s health.

(e) The Secretary of the Department of Health and Social Services shall receive and disburse all funds available to the State from any source including, but not limited to, the United States Government, to be used for the benefit of the public health, unless the receipt and disbursal of such funds is otherwise provided by law.

(f) The Director of the Division shall be the State Health Officer and State Registrar of Vital Statistics and shall have the power to perform and shall be responsible for the performance of all of the powers, duties and functions as delegated to the Director by the Secretary of the Department of Health and Social Services.

(g) The Division is authorized to operate the following programs for which a fee for service is charged to cover the cost of the program: Child Health, Vanity Birth Certificate, Public Water, Medicaid Enhancements, Infant Mortality, Medicaid Aids Waiver, Children with Special Needs, Family Planning, Newborn, Indirect Costs, Vaccines, Food Inspection, Medicaid Contractors/Lab Testing and Analysis, Tuberculosis (TB), Sexually Transmitted Diseases (STD), Preschool Diagnostic and Development Nursery (PDDN), Home Visits, Food Permit, Water Operator Certification, Long-Term Care Prospective Payment, Long-Term Care IV Therapy, and Health Statistics. Notwithstanding the provisions of § 6102 of this title, the Division shall be allowed to collect and expend fees from the aforementioned accounts except that the Children with Special Needs and Child Health programs shall continue to deposit 30 percent of program collections to the General Fund.

29 Del. C. 1953, §  7904;  57 Del. Laws, c. 301, §  1;  57 Del. Laws, c. 591, §  58A;  60 Del. Laws, c. 207, §  1;  60 Del. Laws, c. 511, §  65;  60 Del. Laws, c. 716, §  1;  60 Del. Laws, c. 722, §  3;  62 Del. Laws, c. 68, §  117;  62 Del. Laws, c. 86, §  12;  70 Del. Laws, c. 148, §  1;  70 Del. Laws, c. 149, §  224;  70 Del. Laws, c. 186, §  1;  73 Del. Laws, c. 310, §  15;  83 Del. Laws, c. 213, § 7; 

(a) The Office of Women’s Health is hereby established within the Division of Public Health, in the Department of Health and Social Services.

(b) For purposes of this section:

(1) “Department” means the Department of Health and Social Services.

(2) “Director” means the Director of the Office of Women’s Health.

(3) “Division Director” means the Director of the Division of Public Health.

(4) “Office” means the Office of Women’s Health.

(5) “Secretary” means the Secretary of the Department.

(c) The Office is established to address women’s health issues across the lifespan for the following purposes:

(1) To facilitate appropriate forums, programs or initiatives designed to educate the public regarding women’s health and health lifestyles.

(2) To assist the Division Director in identifying, coordinating and establishing priorities for programs, services and resources the State should provide for women’s health issues across the lifespan, including concerns relating to reproductive, menopausal and postmenopausal phases of a woman’s life.

(3) To serve as a resource for information regarding women’s health data, strategies, services and programs that address women’s health issues across the lifespan.

(4) To provide relevant research information and data conducted or compiled by the Department or other entities in collaboration with the Department.

(5) To seek funding from private or governmental entities to carry out the purposes of this chapter.

(6) To prepare materials for publication and dissemination to the public on women’s health.

(7) To conduct public educational forums in Delaware to raise public awareness and to educate citizens about women’s health programs, issues and services.

(8) To coordinate the activities and programs of the Office with other entities that focus on women’s health or women’s issues, including but not limited to other state agencies.

(d) The structure of the Office of Women’s Health will be determined by the Department, including all of the following:

(1) The Director of the Office.

(2) Other necessary employees.

73 Del. Laws, c. 119, §  1;  70 Del. Laws, c. 186, §  1;  77 Del. Laws, c. 106, §  8;  84 Del. Laws, c. 359, § 2; 

Transferred to § 7905 of this title.

There are established within the Department of Health and Social Services the programs and functions of community services involving all of the powers, duties and functions heretofore performed within the former Department of Community Affairs pursuant to § 4 of Executive Order Number 123 dated December 29, 1982.

68 Del. Laws, c. 149, §  1; 

(a) There is established a Delaware Nursing Home Resident’s Quality Assurance Commission. The Commission consists of the following members:

(1) One member appointed by the Speaker of the House.

(2) One member appointed by the President Pro Tempore of the Senate.

(3) Four members serving by virtue of position, or a designee appointed by the member, as follows:

a. The Attorney General.

b. The Executive Director of the Community Legal Aid Society, Inc.

c. The Executive Director of the Delaware Health Care Facilities Association.

d. The Executive Director of the Delaware Healthcare Association.

(4) Seven members appointed by the Governor as follows:

a. One member who is a resident or a family member of a resident of a nursing home.

b. Three members, 1 from each county, who work in a nursing home setting.

c. A health-care professional.

d. Two individuals who are each an advocate for people with disabilities or the elderly, or both.

(b) Membership on the Commission must be geographically distributed so that there are members of the Commission from each of the 3 counties.

(c) (1) The members appointed by the Speaker and the President Pro Tempore serve at the pleasure of their appointing authorities.

(2) The term of a Commission member is 3 years; however, the Governor may appoint 1 or more members under paragraph (a)(4) of this section for a term of less than 3 years to ensure that terms are staggered.

(d) (1) The members of the Commission shall elect a Chair.

(2) A majority of members must be present at a Commission meeting in order to have quorum and conduct official business. A vacant position is not counted for purposes of quorum.

(3) The Commission may adopt rules and bylaws necessary for its operation.

(e) The Commission, as operated within the limitation of the annual appropriation and any other funds the General Assembly appropriates, provides staff for the Commission.

(f) The Department of Justice shall provide legal advice to the Commission.

(g) The purpose of this Commission is to monitor Delaware’s quality assurance system for nursing home residents in both privately operated and state-operated facilities so that complaints of abuse, neglect, mistreatment, financial exploitation, and other complaints are responded to in a timely manner to ensure the health and safety of nursing home residents.

(h) The Commission shall meet, at a minimum, on a quarterly basis.

(i) The Commission’s duties include all of the following:

(1) Examining policies and procedures and evaluating the effectiveness of the quality assurance system for nursing home residents, including the respective roles of the Department of Health and Social Services, the Department of Justice and law-enforcement agencies, and health-care professionals and nursing home providers.

(2) Monitoring data and analyzing trends in the quality of care and quality of life of individuals receiving long term care in Delaware.

(3) Reviewing and making recommendations to the Governor, Secretary, and the General Assembly concerning the quality assurance system and improvements to the overall quality of life and quality of care of nursing home residents.

(4) Protecting the privacy of nursing home residents, including complying with the guidelines for confidentiality of records established by the Division of Health Care Quality.

(j) The Commission shall prepare and publish an annual report to the Governor, Secretary, the General Assembly, and the Director and the Librarian of the Division of Legislative Services. The annual report must include at least all of the following:

(1) Aggregate data with analysis and monitoring of trends in the quality of care and quality of life of nursing home residents.

(2) Rubric, criteria, findings, and recommendations from each facility visit.

(3) A summary of each recommendation and correspondence made to the Department of Health and Social Services, the Governor, the General Assembly, and other stakeholder organizations. The correspondence must be redacted to remove information that is not deemed a public record under § 10002 of this title.

(4) Summary of the Commission’s review of relevant legislation, including the Commission’s position on legislation and regulations effecting nursing home residents.

(5) Advocacy efforts and goals for the upcoming year.

(6) Summary of the Executive Director’s duties, including the percentage of time devoted to each duty.

(k) Members of the Commission serve without compensation. However, members may be reimbursed for reasonable and necessary expenses incident to their duties as members of the Commission.

29 Del. C. 1953, §  7907;  57 Del. Laws, c. 301, §  1;  57 Del. Laws, c. 591, §  62;  60 Del. Laws, c. 207, §  1;  66 Del. Laws, c. 315, §  1;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 199, §  1;  74 Del. Laws, c. 132, §§  1, 2;  75 Del. Laws, c. 89, §  195;  77 Del. Laws, c. 201, §  17;  81 Del. Laws, c. 209, § 12;  82 Del. Laws, c. 29, § 1;  83 Del. Laws, c. 517, § 1;  84 Del. Laws, c. 255, § 49; 

(a) There is hereby established the Division of Substance Abuse and Mental Health under the direction and control of the Secretary of the Department of Health and Social Services.

(b) The Division of Substance Abuse and Mental Health shall be responsible for providing and overseeing public mental health and substance use treatment services serving individuals who are 18 years old and older.

(c) The Division of Substance Abuse and Mental Health shall have the following powers and duties:

(1) To plan for, establish, implement, amend and revise standards for mental health programs serving individuals who are 18 years old and older.

(2) The authority to create, implement, and oversee licensing requirements for all mental health treatment programs serving individuals who are 18 years old and older.

(3) To provide, facilitate, and create educational and training programs related to mental health and substance use.

(4) To make contracts necessary or incidental to the performance of its duties and execution of its powers.

(5) To operate the Delaware Psychiatric Center, including maintaining a forensic unit as required by Chapter 51 of Title 16.

(6) To acquire, hold or dispose of real property or any interest therein, and construct, lease or otherwise provide treatment facilities for individuals in need of treatment.

(7) To carry out all powers and duties set forth in Chapters 22, 50, 51, 59, and 61 of Title 16.

(8) To coordinate with other divisions within the Department of Health and Social Services, as well as with the Department of Services for Children Youth and Their Families, as necessary to provide appropriate individualized treatment services and address systemic public health needs.

(9) To solicit and accept for use any money, real property or personal property made by will or otherwise and any grant of money, services or property from the federal government, the State or any political subdivision thereof or any private source, and take all actions necessary to cooperate with the federal government or any of its agencies in making an application for any grants.

(10) To administer or supervise the administration of the provisions relating to individuals in need of mental health or substance use treatment of any state plan submitted for federal funding pursuant to federal health, welfare or treatment legislation.

(11) To take all other actions necessary to execute the authority expressly granted to the Division of Substance Abuse and Mental Health.

(d) The Division of Substance Abuse and Mental Health shall be authorized to promulgate rules and regulations to implement this section.

29 Del. C. 1953, §  7908;  57 Del. Laws, c. 301, §  1;  60 Del. Laws, c. 677, §  1;  64 Del. Laws, c. 467, §  1;  73 Del. Laws, c. 41, §  1;  82 Del. Laws, c. 50, § 1; 

When a law-enforcement officer contacts Crisis Intervention Services or suspects an individual is experiencing an overdose or a suicide attempt, the law-enforcement officer may disclose the individual’s identifying information and a brief event synopsis to the Division of Substance Abuse and Mental Health to connect the individual to behavioral health treatment services.

82 Del. Laws, c. 200, § 1; 

(a) The Advisory Council to the Division of Substance Abuse and Mental Health is hereby dissolved and reestablished as the Behavioral Health Planning and Advisory Council (“Council”) to assume the functions of the Advisory Council to the Division of Substance Abuse and Mental Health and to administer and implement this chapter, and to perform such other responsibilities as may be entrusted to it by law.

(b) The Council shall do all of the following:

(1) Review plans provided by the Division pursuant to Title XIX of the Public Health Service Act (42 U.S.C. § 300x-4(a)) to the Council and submit to the Division any recommendations of the Council for modifications to the plans.

(2) Serve as an advocate for adults and children with serious mental illness, children with a severe emotional disturbance, and other individuals with mental illnesses or emotional problems.

(3) Monitor, review, and evaluate, not less than once each year, the allocation and adequacy of mental health services within the State.

(c) The Council may study, research, plan, and advise the Governor, General Assembly, Secretary, and Director on matters related to behavioral health as it deems appropriate.

(d) The Council shall be comprised of 17 members as follows:

(1) The following individuals serve by virtue of position who may appoint a designee:

a. Director of the Division of Substance Abuse and Mental Health.

b. Secretary of the Department of Education.

c. Director of the Division of Vocational Rehabilitation.

d. Secretary of the Department of Safety and Homeland Security.

e. Director of the Delaware State Housing Authority.

f. Director of the Division of Social Services.

g. Director of the Division of Prevention and Behavioral Health Services.

(2) The following shall be appointed by the Governor:

a. A licensed medical provider of mental health services.

b. 9 individuals who are not employees of the State or providers of mental health care, as follows:

1. Two individuals with severe mental illness who are receiving, or have received, mental health services.

2. Two individuals with a substance use disorder who are receiving, or have received, mental health services.

3. A family member of an individual in recovery.

4. Three parents or guardians of children with a substance use disorder or serious emotional disturbance.

5. An individual who advocates on behalf of those with behavioral health issues.

(e) Members appointed by the Governor shall serve for a term of up to 3 years. The terms of no more than 3 members shall expire in the same year.

(f) The Director of the Division of Substance Abuse and Mental Health shall serve as the temporary chair, and shall set the date, time, and place for the initial organizational meeting where the members of the Council shall elect a Chair and Vice-Chair from among the members. The Vice-Chair’s duty shall be to act as Chair in the absence of the Chair.

(g) The Council may adopt bylaws for operating procedures including the election of officers, the conducting of meetings, and other matters to promote the efficient operation of the Council in the performance of its duties under this section.

(h) Members of the Council shall serve without compensation; however, members may be reimbursed for reasonable and necessary expenses incidental to their duties as members of the Council.

(i) A majority of the membership of the Council shall constitute a quorum. A vacant position is not counted for quorum purposes.

(j) Administrative support for the Council shall be provided by the Division of Substance Abuse and Mental Health.

(k) The Council is a “public body,’' as defined in and for the purposes of the Freedom of Information Act, Chapter 100 of Title 29.

(l) The Council is designated as Delaware’s State Mental Health Planning Council under Title XIX of the Public Health Service Act (42 U.S.C. § 300x).

29 Del. C. 1953, §  7909;  57 Del. Laws, c. 301, §  1;  57 Del. Laws, c. 591, §  63;  60 Del. Laws, c. 677, §  1;  64 Del. Laws, c. 467, §  10;  70 Del. Laws, c. 186, §  1;  73 Del. Laws, c. 41, §  1;  82 Del. Laws, c. 271, § 1; 

(a) There is hereby established the Division of Developmental Disabilities Services under the direction and control of the Secretary of the Department of Health and Social Services.

(b) The mission of the Division of Developmental Disabilities Services is to provide services and supports to individuals with developmental disabilities and their families which enable them to make informed choices that lead to an improved quality of life and meaningful participation in their communities.

(c) The Division of Developmental Disabilities Services shall have the following powers and duties:

(1) Provide case management and community-based services including family supports, advocacy, respite, residential setting options, nurse and behavioral consultation, day services, and supported employment services to assist individuals achieve their goals.

(2), (3) [Repealed.]

(4) Provide intermediate care facility residential services.

(d) The Division of Developmental Disabilities Services shall ensure the investigation of complaints of abuse, neglect, mistreatment and financial exploitation. Such investigations may be in coordination with the Attorney General’s Office, law-enforcement or other appropriate agencies.

(e) The Division of Developmental Disabilities Services shall be authorized to promulgate rules and regulations to implement this statute.

(f) It is the intent of the General Assembly for the Division of Developmental Disabilities Services (DDDS) to phase in increases to the rate system for services to adults with intellectual and developmental disabilities (I/DD) based on the market study provided to the Office of Management and Budget and the Controller General on January 17, 2014, by the Department of Health and Social Services Secretary, as subsequently updated with utilization data for fiscal year 2018 and updated component percentages. Subject to available funding, these rates shall be phased in to 100 percent of the benchmarked levels established.

60 Del. Laws, c. 677, §  2;  73 Del. Laws, c. 97, §  5;  78 Del. Laws, c. 179, §  315;  81 Del. Laws, c. 407, § 1;  82 Del. Laws, c. 31, § 1; 

(a) There is established the Advisory Council to the Division of Developmental Disabilities Services.

(b) The Advisory Council to the Division of Developmental Disabilities Services serves in an advisory capacity to the Director of the Division of Developmental Disabilities Services, to consider matters relating to individuals diagnosed with intellectual disabilities or specific developmental disabilities in this State and other matters that the Governor, Secretary of the Department, or Director of the Division of Developmental Disabilities Services may refer to it. The Council may study, research, plan, and advise the Director, the Secretary, and the Governor on matters it deems appropriate to enable the Division to function in the best possible manner.

(c) The Advisory Council to the Division of Developmental Disabilities Services is composed of 17 members who are appointed by the Governor. Membership is comprised as follows:

(1) Seven members who represent families, service recipients, and self-advocates in the developmental disabilities community and currently receive services from the Division of Developmental Disabilities Services. An Advisory Council member appointed to represent a family member who received services may continue to serve the appointed term if the family member dies before the term expires.

(2) Five members who represent a cross section of service providers in the developmental disabilities community and currently operate in the Division of Developmental Disabilities Services system, including from any of the following:

a. Residential service providers.

b. Day habilitation service providers.

c. Employment service providers.

d. Clinical service providers.

e. Behavioral or mental health service providers.

(3) Five members who are professional advocates representing individuals with disabilities and represent each of the following:

a. Delaware Developmental Disabilities Council.

b. State Council for Persons with Disabilities.

c. Disabilities Law Program at Delaware Community Legal Aid Society, Inc.

d. The Arc of Delaware.

e. Center for Disabilities Studies at University of Delaware.

(d) [Repealed.]

(e) Members of the Council receive no compensation, but may be reimbursed for reasonable and necessary expenses incident to their duties as members of the Council.

(f) The Council shall annually elect a chair from among its members. The chair or vice chair must be an individual with a developmental disability.

(g) The Governor may appoint a member for a term of up to 3 years to ensure that no more than 3 members’ terms expire in a year.

(h) The number of members who must be present at a Council meeting in order to have a quorum and conduct official business is a majority of the appointed members. Counting for quorum does not include member positions that are vacant.

(i) The Governor may remove a member for gross inefficiency, misfeasance, nonfeasance, malfeasance, or neglect of duty in office. A member is deemed in neglect of duty if the member is absent from 3 consecutive, regular Council meetings or attends less than 50% of Council meetings in a calendar year. The Governor may consider the member to have resigned, and may accept the member’s resignation.

29 Del. C. 1953, §  7910;  57 Del. Laws, c. 301, §  1;  57 Del. Laws, c. 591, §  64;  70 Del. Laws, c. 186, §  1;  73 Del. Laws, c. 97, §  6;  78 Del. Laws, c. 179, §  316;  82 Del. Laws, c. 130, § 1;  83 Del. Laws, c. 101, § 1; 

The Division of Social Services is established having the power to perform and shall be responsible for the performance of all the powers, duties and functions heretofore vested in the Department of Public Welfare and the Board of Welfare, pursuant to Chapter 1, subchapters I, III, IV, and VI of Chapter 3, and Chapters 5, 9, and 11 of Title 31.

29 Del. C. 1953, §  7911;  57 Del. Laws, c. 301, §  1;  61 Del. Laws, c. 329, §  1;  64 Del. Laws, c. 108, §  2;  69 Del. Laws, c. 345, §  7; 

(a) There is established the Council on Family Services.

(b) [Repealed.]

(c) The Council on Family Services shall be composed of 7 members who shall be appointed for 3-year terms by the Governor.

(d) At least 3, but no more than 4, members of the Council shall be affiliated with 1 of the major political parties and at least 2, but no more than 3, of the newly appointed members shall be affiliated with the other major political party; provided, however, that there shall be no more than a bare majority representation of 1 major political party over the other major political party. Any person who declines to announce such person’s political affiliation shall also be eligible for appointment as a member of the Council.

(e) Members of the Council shall serve without compensation, except that they may be reimbursed for reasonable and necessary expenses incident to their duties as members of the Council.

(f) A Chairperson of the Council shall be chosen by the members of the Council from among its members and shall serve in that capacity for a term of 1 year and shall be eligible for reelection.

(g) Any replacement appointment to the Council to fill a vacancy prior to the expiration of a term shall be filled for the remainder of the term.

29 Del. C. 1953, §  7912;  57 Del. Laws, c. 301, §  1;  57 Del. Laws, c. 591, §  65;  64 Del. Laws, c. 108, §  2;  70 Del. Laws, c. 186, §  1; 

(a) The Council on the Blind is established.

(b) The Council on the Blind (“Council”) serves in an advisory capacity to the Director of the Division for the Visually Impaired and considers matters relating to the supervision of the training of a “person with blindness” or “person with visual impairment,” as defined in § 2101 of Title 31, and other matters that the Governor, the Secretary of the Department, or the Director may refer to it. The Council may study, research, plan, or advise the Director, Secretary, or Governor on matters it deems appropriate to enable the Division to function in the best possible manner.

(c) The Council is comprised of 7 members who are appointed by the Governor.

(d) [Repealed.]

(e) A council member does not receive compensation but may be reimbursed for the member’s actual and necessary expenses incurred in the performance of the member’s official duties.

(f) The Council shall annually elect a chair from among its members. A chair is eligible for reelection.

(g) Each council member is appointed for a term of 3 years. Each term of office expires on the date specified in the appointment; however, a member remains eligible to participate in council proceedings until the Governor replaces that member. The Governor may appoint a member for a term of less than 3 years to ensure that members’ terms expire on a staggered basis.

(h) The number of members who must be present at a council meeting in order to have quorum and conduct official business is a majority of appointed members. Counting for quorum does not include member positions that are vacant.

(i) The Governor may remove a member for gross inefficiency, misfeasance, malfeasance, or neglect of duty in office. A member is deemed in neglect of duty if the member is absent from 3 consecutive, regular council meetings or attends less than 50% of council meetings in a calendar year. The Governor may consider the member to have resigned and may accept the member’s resignation.

29 Del. C. 1953, §  7913;  57 Del. Laws, c. 301, §  1;  57 Del. Laws, c. 591, §  66;  61 Del. Laws, c. 329, §  2;  70 Del. Laws, c. 186, §  1;  78 Del. Laws, c. 179, §  317;  83 Del. Laws, c. 455, § 2; 

There are established within the Department of Health and Social Services the programs and functions of volunteer services involving all of the powers, duties and functions heretofore performed within the Division of Volunteer Services of the Department of Community Affairs pursuant to former § 8629 [repealed] of Title 29, as follows, which shall be performed by the Director, or the Director’s duly authorized designee, with the approval of the Secretary:

(1) Encourage and enable persons from all walks of life and from all age groups to perform constructive volunteer services;

(2) Establish methods for supporting and promoting private sector leadership and responsibility for meeting public needs;

(3) Promote communication and collaboration between public and private volunteer programs in the State and between the State and the private sector’s initiatives in meeting human needs;

(4) Develop, implement and maintain a volunteer clearing house to disseminate information on volunteer opportunities in the State;

(5) Develop strategies for more effective contributions of time, talent and resources for community projects by businesses, foundations, religious and civic groups and others;

(6) Collect, maintain and share information on private initiatives, community, partnerships and creative solutions undertaken by businesses, foundations, voluntary organizations, religious institutions and other private sector groups in the State, in order to promote their broader use;

(7) Provide, or arrange for training and technical assistance to public and private organizations engaged in volunteer recruitment and programming;

(8) Develop, implement and maintain a State plan for public recognition and support of individual volunteer efforts and successful or promising private sector initiatives and public/private partnerships which address community needs;

(9) Identify obstacles to private sector initiatives and citizen participation and develop resources and systems which not only eliminate such obstacles but which also provide new incentives to encourage citizens and the private sector to volunteer and/or undertake new community service initiatives;

(10) Directly administer those statewide volunteer programs which are currently administered within the Department of Health and Social Services and any other such volunteer program which may subsequently be assigned to this Department by the Governor or the General Assembly;

(11) Serve as the State’s liaison to the Federal ACTION Agency and to other appropriate national and state organizations which relate to this section; and

(12) Assume such other powers, duties and functions as the Secretary may assign which are in keeping with this section and not otherwise inconsistent with the law.

68 Del. Laws, c. 149, §  3;  69 Del. Laws, c. 114, §  1;  70 Del. Laws, c. 186, §  1; 

(a) Establishment and purpose. —

The Governor’s Commission on Community and Volunteer Services (“Commission”) is established and serves in an advisory capacity to the Administrator of the State Office of Volunteerism (“Administrator”). The purpose of the Commission is to enrich lives and communities in Delaware by advocating service and volunteerism.

(b) Duties. —

(1) The Commission shall consider matters relating to volunteer services in this State and any other matter that the Governor, the Secretary of the Department of Health and Social Services (“Secretary”), the Director of the Division of State Service Centers (“Director”), or the Administrator of the State Office of Volunteerism (“Administrator”) may refer to it.

(2) The Commission shall perform the duties required of state commissions on national and community service under the National and Community Service Act of 1990, as amended (42 U.S.C. § 12638(e)).

(3) The Commission may study, research, plan, and advise the Governor, Secretary, Director, and Administrator on matters the Commission deems appropriate to enable the State Office of Volunteerism to function in the best possible manner.

(c) Commission members. —

The Commission is composed of 15 to 25 voting members, as follows:

(1) Required members. —

Not less than 10 nor more than 22 individuals representing the broad diversity of this State, including members from the public sector, the private nonprofit sector, and the business community. The Governor appoints each member under this paragraph (c)(1), except for the Secretary of the Department of Education, who is a member by virtue of position. At least 10 of the members under this paragraph (c)(1) must meet the requirements of 42 U.S.C. § 12638(c)(1) and (2) of the National and Community Service Act of 1990, as amended, as follows:

a. An individual with expertise in the educational, training, and development needs of youth, particularly disadvantaged youth.

b. An individual with experience in promoting the involvement of older adults in service and volunteerism.

c. A representative of community-based agencies or community-based organizations within this State.

d. The Secretary of the Department of Education, who serves by virtue of position.

e. A representative of local governments in this State.

f. A representative of local labor organizations in this State.

g. A representative of business.

h. An individual between the ages of 16 and 25 years who is a participant or supervisor in a program.

i. A representative of a national service program described in 42 U.S.C. § 12572(a), (b), or (c).

j. A representative of the volunteer sector.

(2) Sources of other voting members. —

The Governor shall appoint 1 representative each from up to 3 committees that serves in an advisory capacity to a volunteer program that the State Office of Volunteerism directly administers. When possible, appointments under this paragraph (c)(2) should be made from any of the following sources:

a. Local educators.

b. Experts in the delivery of human, educational, environmental, or public safety services to communities or individuals.

c. Native American tribes.

d. Out-of-school youth or other at-risk youth.

e. Entities that receive assistance under the Domestic Volunteer Service Act (42 U.S.C. § 4950 et seq.).

(3) The Commission’s Executive Director is a nonvoting member and serves by virtue of position.

(d) Governor appointments. —

A member that the Governor appoints serves for a period of 3 years. Each term of office expires on the date specified in the appointment; however, a member remains eligible to participate in Commission proceedings until the Governor replaces that member. The Governor may appoint a member for a term of less than 3 years to ensure that the members’ terms expire on a staggered basis. The Governor shall fill a vacancy on the Commission for the balance of the unexpired term. A member is eligible for reappointment to no more than 2 additional consecutive terms.

(e) A Commission member receives no compensation but may be reimbursed for the member’s actual and necessary expenses incurred in the performance of the member’s official duties.

(f) The Commission shall elect a chair from among its members. A member may serve as chair for a term of 1 year and is eligible for reelection as chair not more than 2 additional consecutive terms.

(g) The Governor may remove a Governor-appointed Commission member for gross inefficiency, misfeasance, nonfeasance, malfeasance, or neglect of duty in office. A member is deemed in neglect of duty if the member has an unexcused absence from either 3 consecutive meetings or 4 out of 12 consecutive meetings. The Governor may consider the member to have resigned and may accept the member’s resignation.

(h) Quorum. —

The number of members who must be present at a Commission meeting in order to have a quorum and conduct official business is the majority of members. A vacancy on the Commission is not counted for quorum.

(i) Staffing. —

The State Office of Volunteerism of the Division of State Service Centers shall provide reasonable staff support to assist the Commission in performing its duties under this section.

(j) Executive Director. —

The Administrator serves as the Commission’s Executive Director. The Executive Director is responsible for the active direction and management of the Commission’s business and affairs.

(1) The Executive Director’s duties include all of the following:

a. Preparing each federal or state application, funding report, or reporting document.

b. Supervising Commission staff.

c. Providing staff support to each Commission committee.

d. Serving as liaison to each Commission-funded program.

e. Monitoring grantee compliance and progress.

f. Other duties as the Commission may assign to the Executive Director.

(2) The Executive Director may represent the Commission and manage the Commission’s day-to-day business.

(3) The Executive Director may delegate the Executive Director’s duties to other Commission staff.

(4) Commission members shall participate in the selection process for hiring the Executive Director.

64 Del. Laws, c. 313, §  3;  68 Del. Laws, c. 149, §§  4, 5;  71 Del. Laws, c. 305, §§  1-6;  74 Del. Laws, c. 313, §§  1-9;  84 Del. Laws, c. 57, § 1;  84 Del. Laws, c. 514, § 55; 

(a) There is established the Council on Services for Aging and Adults with Physical Disabilities.

(b) The Council on Services for Aging and Adults with Physical Disabilities (the Council) serves in an advisory capacity to the Director of the Division of Services for Aging and Adults with Physical Disabilities and considers matters relating to the formation of local community councils for aging persons and for adults with physical disabilities, programs, and projects in this State to benefit aging persons and adults with physical disabilities and other matters as may be referred to it by the Governor, the Secretary of the Department, or the Director. The Council may study, research, plan, or advise the Director, the Secretary, or the Governor on matters it deems appropriate to enable the Division to function in the best possible manner.

(c) The Council on Services for Aging and Adults with Physical Disabilities is composed of 15 members. The Governor shall appoint members for terms of up to 3 years. Members’ terms must be staggered so that the terms of no more than 7 members expire in 1 year. The Council consists of the following:

(1) Three members, each being a resident from a different county in this State and an aging or elderly person or a caregiver of an aging or elderly person as defined in § 7920 of this title.

(2) Three members, each being from a public or nonprofit agency that provides services to aging persons.

(3) Three members, each being a resident from a different county in this State and an adult with a physical disability or a caregiver of an adult with a physical disability as defined in § 7920 of this title.

(4) Three members, each being from a public or nonprofit agency that provides services to persons with physical disabilities.

(5) One member who represents veterans’ issues.

(6) Two members, each being from a public or nonprofit agency that provides services to alleged victims as defined in § 3902 of Title 31.

(d) The Council membership must be composed of representatives in the following areas: aging persons, representatives of public or nonprofit agencies that serve aging persons, persons with a physical disability, low income aging persons, low income persons with a physical disability, minority aging persons, minority persons with a physical disability, veterans’ affairs, representatives of public or nonprofit agencies that provide services to alleged victims as defined in § 3902 of Title 31, and representatives of public or nonprofit agencies that serve adults with physical disabilities. Each Council member may represent more than 1 area, but a member may not represent more than 3 areas.

(e) A Council member serves without compensation, except for reimbursement for reasonable and necessary expenses incident to duties as a member of the Council.

(f) Council members shall elect a chair for a 2-year term from among its members, with the chair alternating each term between a representative of the aging community and a representative of adults with physical disabilities. A chair may serve 2 nonconsecutive terms.

(g) An appointment to the Council to fill a vacancy prior to the expiration of a term shall fill the remainder of the term.

(h) The Council chair shall discharge a member who is absent from more than 3 consecutive meetings, unless excused by the Council.

(i) The Council may establish subcommittees and make appointments to the subcommittees with the approval of all members of the Council.

(j) A quorum of the Council is a majority of the council members.

(k) A Council decision relative to policy and budget must be made by a majority of the members present at a meeting that has a quorum. The Division of Services for Aging and Adults with Physical Disabilities shall provide staff assistance to Council and Council’s subcommittees.

29 Del. C. 1953, §  7915;  57 Del. Laws, c. 301, §  1;  57 Del. Laws, c. 591, §  68;  60 Del. Laws, c. 525, §§  1-3;  62 Del. Laws, c. 318, §§  1-4;  66 Del. Laws, c. 47, §§  1-5;  69 Del. Laws, c. 345, §  2;  70 Del. Laws, c. 186, §  1;  76 Del. Laws, c. 228, §§  1-3;  81 Del. Laws, c. 210, § 1;  83 Del. Laws, c. 313, § 1; 

The Governor, when making appointments to any advisory commission, board or committee, created by this chapter, which does or may have jurisdiction over or advisory status with state assisted activities for the elderly, shall appoint at least 1 senior citizen. For the purpose of this section a senior citizen shall be a person who was 62 years of age or more on his or her last birthday.

63 Del. Laws, c. 102, §  1;  70 Del. Laws, c. 186, §  1; 

(a) For purposes of this section:

(1) “Health disparity” means a preventable difference between 2 or more groups of people in the quality of health or health care based on all of the following:

a. A shared characteristic of the individuals within each group, such as race, ethnicity, or socioeconomic status.

b. The differences between the groups regarding access to health care or burdens, prevalence, or incidence of disease or violence.

(2) “Health equity” means the absence of systematic health disparities or disparities in the major social determinants of health between groups of people with different levels of underlying social advantage or disadvantage such as, wealth, power, or prestige.

(3) “Social determinants of health” mean conditions in the environments in which people are born, live, learn, work, play, worship, and age that affect a wide range of health, functioning, and quality-of-life outcomes and risks.

(b) The Bureau of Health Equity (BHE) is established within the Division of Public Health (DPH), in the Department of Health and Social Services and includes all of the following:

(1) The Office of Minority Health.

(2) The Office of Women’s Health.

(c) The purpose of the BHE is to ensure that everyone in Delaware will achieve their full health potential by promoting conditions that are vital for health and well-being, eliminating health disparities, particularly among all racial and ethnic minority groups. The BHE works with communities to address social determinants of health, focusing on prevention, health, and wellness of the broader population instead of treatment focused on individuals.

(d) The BHE shall do all of the following:

(1) Provide relevant statistical data to assess and identify the health status of groups of people with shared characteristics.

(2) Increase awareness of major health problems and factors that influence health.

(3) In collaboration with other DPH programs, identify needs and expand community-based health promotion and disease prevention outreach efforts, including working with communities to build capacity to meet the health needs in disease prevention, education, and health promotion.

(4) Establish and strengthen networks, coalitions, and partnerships to identify and address health problems, including identifying and supporting assets within Delaware’s public health system to close the gap of health disparities.

(5) Collaborate with public health partners to develop and promote programs and best practices to achieve health equity, including all of the following:

a. The Primary Care Reform Collaborative of the Delaware Health Care Commission.

b. The Office of Value-Based Health Care Delivery in the Department of Insurance.

84 Del. Laws, c. 359, § 1; 

Transferred.

29 Del. C. 1953, §  7921;  57 Del. Laws, c. 551, §  2;  60 Del. Laws, c. 251, §§  2, 3;  70 Del. Laws, c. 186, §  1;  repealed by 84 Del. Laws, c. 201, § 9, effective Sept. 11, 2023.; 

(a) There is hereby established the Division of State Service Centers under the direction and control of the Secretary of the Department of Health and Social Services.

(b) The Division of State Service Centers shall be responsible for the operation of Service Centers throughout the State as the General Assembly from time to time may provide for.

(c) The Division of State Service Centers shall coordinate the delivery of services and programs of various divisions within the Department of Health and Social Services, other State agencies, and nonprofit providers who are co-located in State Service Centers.

(d) The Division of State Service Centers shall report from time to time to the Secretary of the Department of Health and Social Services concerning the effectiveness of delivery of services by State Service Centers.

(e) The mission of the Division of State Service Centers is to alleviate crises, to foster self-sufficiency for vulnerable families, to provide volunteer and community service opportunities for all Delawareans and to address the causes and conditions of poverty.

(f) The Division of State Service Centers shall operate the State Office of Volunteerism, the Office of Community Services and the Office of Family Support.

(g) The Division of State Service Centers shall serve as a safety net for Delawareans by facilitating individual and community partnerships for the delivery of human services, and by advocating for vulnerable families.

(h) The Division of State Service Centers shall have the power to promulgate rules and regulations to implement this section.

(i) The Division of State Service Centers is authorized to solicit and accept contributions, grants, gifts and bequests from organizations including, but not limited to, private foundations or alliances, non-public agencies, institutions, organizations or businesses. All funds generated shall be retained by the Division of State Service Centers in order to defray costs associated with the volunteer and community service activities and events of the Division of State Service Centers. Funds received will not be used for employee salaries or benefits. All funds received are subject to audit by the Department of Health and Social Services and the Office of Management and Budget, and employees of the Division of State Service Centers are bound by § 5806 of this title when engaging in fundraising activities.

(j) All employees of Family Visitation Centers operated by the Division, either directly or through contractual agreement, shall be certified as to whether:

(1) The individual is named in the Central Register as the perpetrator of a reported case of child abuse. Costs associated with obtaining the Child Abuse Registry information shall be borne by the State.

(2) The individual has cleared state and federal criminal history background checks. Costs associated with obtaining the criminal history information shall be borne by the State for state employees.

The Division shall develop policies concerning the conditions of employment related to both Child Abuse Registry checks and criminal history background checks.

71 Del. Laws, c. 290, §  1;  74 Del. Laws, c. 77, §  1;  75 Del. Laws, c. 88, §  21(13);  75 Del. Laws, c. 95, §  1;  75 Del. Laws, c. 273, §  1; 

Repealed by 77 Del. Laws, c. 106, § 9, effective July 6, 2009.

(a) There is hereby established the Division of Services for Aging and Adults with Physical Disabilities within the Department of Health and Social Services.

(b) Definitions. — (1) As used in this section, “adults with physical disabilities” shall include persons who are age 18 or older; whose physical condition is anticipated to last 12 months or more; whose physical condition affects their ability to live independently; and who need ongoing assistance with daily living. Persons receiving primary case management services from other state agencies, if eligible, may receive services from the Division of Services for Aging and Adults with Physical Disabilities. Persons who have an assigned case manager from another state agency shall retain that case manager as a primary.

(2) As used in this section, “aging or elderly persons” shall have the same meaning as older and eligible individuals as defined in the Older Americans Act, 42 U.S.C. § 3001 et seq.

(c) The objective of the Division of Services for Aging and Adults with Physical Disabilities is to improve or maintain the quality of life for residents of Delaware at least 18 years of age with physical disabilities, or who are elderly. The Division is committed to the development and delivery of consumer-driven services. As such, these services will maximize independence through individual choice in the least restrictive environment possible, enable adults with physical disabilities and those who are elderly to continue living active and productive lives, and protect those who may be vulnerable and at risk.

(d) The Division shall have the following duties and functions:

(1) Serve as the focal point for the assessment, planning and development of service delivery systems designed to meet the needs of adults with physical disabilities and those who are elderly;

(2) Serve as an advocate for the needs of the elderly and adults with physical disabilities by supporting the individual, family and others who serve as the individual’s support system through the provision and coordination of services designed to maximize independent living in the least restrictive manner possible;

(3) Provide information and training to those in the private and public sectors to increase awareness and encourage development of systems and services critical to improving the quality of life for the aging and adults with physical disabilities;

(4) Facilitate a strong service delivery system through promoting the creation of public/private partnerships which shall serve to develop, combine and maximize appropriate resources;

(5) Receive and disburse all funds available to the State from any source, including but not limited to the United States Government, to be used for the benefit of the aging and adults with physical disabilities, unless the receipt and disbursal of such funds is otherwise provided by law;

(6) Carry out a formal evaluation of the program to include, but not be limited to, organization, services, coordination, customer satisfaction, training and the role of the Advisory Council and its subcommittees after 2 years of operation, and report to the Secretary, the General Assembly and the Governor. In addition, the Division shall annually prepare a report on service requests, requests fulfilled, requests that could not be met and why and observed gaps in service delivery for the Secretary and the General Assembly; and

(7) The Division is authorized to solicit and accept contributions, grants, gifts, and bequests from individuals and/or organizations including, but not limited to, private foundations or alliances, nonpublic agencies, institutions, organizations, or businesses. All funds generated shall be retained by the Division in order to defray costs associated with the volunteer and community service activities and events of the Division. Funds received will not be used for employee salaries or benefits. All funds received are subject to audit by the Department of Health and Social Services and the Delaware Office of Management and Budget, and the employees of the Division are bound by § 5806 of this title when engaging in fundraising activities.

29 Del. C. 1953, §  7923;  59 Del. Laws, c. 136, §  4;  60 Del. Laws, c. 251, §§  2, 3;  69 Del. Laws, c. 345, §  4;  75 Del. Laws, c. 339, §  1;  75 Del. Laws, c. 385, §  1; 

(a) Definitions. — As used in this section, unless the context clearly indicates a different meaning:

(1) “Bill payer” shall mean a person appointed by the Division to provide 1 or more of those services set forth below for a low-income individual who is able to make responsible decisions about financial matters, but who needs assistance for any of the following:

a. Paying bills each month and keeping records;

b. Establishing a budget;

c. Opening, organizing and sending mail;

d. Check writing and balancing checkbook amounts;

e. Obtaining needed assistance from appropriate governmental agencies.

(2) “Representative payee” shall mean a person appointed by the United States Social Security Administration, the United States Office of Personnel Management, the United States Department of Veterans Affairs or the United States Railroad Retirement Board to provide 1 or more of the following financial management services, without compensation, in order to assist an individual who is receiving government benefits but who is determined by the benefit-granting agency to be incapable of making certain financial decisions. The representative payee has responsibility for:

a. Allocating government benefits received by the individual in such individual’s best interests, and providing for such individual’s necessities, including but not limited to food, shelter and medical care;

b. Keeping an accurate record of the individual’s financial transactions;

c. Maintaining responsibility and control over the individual’s benefits, and signing all checks for expenditures from such government benefits; and

d. Referring the individual to other agencies if the individual needs additional assistance.

(b) Money Management Program. — (1) The Division may establish a Money Management Program to assist any low-income individual who is not able to manage such person’s financial matters where there are no friends or relatives to assist such person in the management of financial affairs.

(2) The Division may administer the statewide Money Management Program; may provide such staff and other support for the program as its budget shall permit; and may, in accordance with the Division’s rules and regulations, establish and direct an advisory council. The Division may negotiate bank services for the program.

(3) The Division shall have authority to monitor each bill payer and representative payee; may audit any transaction of any bill payer and any representative payee; and may review any or all bank statements or cancelled checks for any account managed by a representative payee or bill payor.

(c) Volunteers; bill payers, representative payers. — (1) The Division may designate unpaid volunteers, including but not limited to bill payers and representative payees, as information sources for the program, to inform interested persons and agencies about the program. The Division may provide for the training of bill payers and representative payees, and may otherwise assist such bill payers and representative payees.

(2) Any person acting as a bill payer or representative payee is also acting as a fiduciary, and is liable for any act or omission which constitutes the breach of any fiduciary duty or responsibility imposed by law.

(3) The Division shall safeguard participants through establishment of a screening system which includes, but is not limited to, the following features:

a. A standardized application comprehensively addressing each prospective bill payer and representative payee’s background;

b. A criminal background check at state expense; and

c. A check of abuse, neglect, mistreatment and financial exploitation registries, including those authorized by Chapters 9 and 11 of Title 16.

(4) To effectively implement this screening system, the Division is vested with the following powers, duties and authority:

a. The Division shall require any person seeking to serve as a bill payer or representative payee under this chapter to share any and all information, including fingerprints, necessary to obtain a report of the person’s entire criminal history record from the State Bureau of Identification and a report of the person’s entire federal criminal history record;

b. Notwithstanding any requirements of Chapter 85 of Title 11 to the contrary, the State Bureau of Identification shall furnish information pertaining to the entire Delaware criminal history record of any person seeking to serve as a bill payer or representative payee under this chapter. Such information shall be provided to the Department of Health and Social Services pursuant to the procedures established by the Superintendent of the State Police;

c. Notwithstanding any contrary provision of Chapter 9 of Title 16, the Division is authorized to obtain child abuse and neglect registry information from the Department of Services for Children, Youth and Their Families pertaining to any person seeking to serve as a bill payer or representative payee under this chapter;

d. The Division shall adopt criteria through its regulations which shall disqualify a person from serving as a bill payer or representative payee under this chapter; and

e. The Division may adopt criteria through regulations authorizing exemption from this section for persons for whom a qualifying screening was conducted within the previous 5 years.

(5) Any person who either fails to make a full and complete disclosure on an application or a full and complete disclosure of any information required to obtain a registry or criminal background check as required in this section shall be subject to a civil penalty of not less than $1,000 nor more than $5,000 for each violation.

(d) Memoranda of understanding. — In order to obtain certain specialized assistance for the Program, the Division may enter into a memorandum of understanding with the legal counsel of any association which represents the interests of retired persons.

73 Del. Laws, c. 168, §  1; 

29 Del. C. 1953, §  7923;  57 Del. Laws, c. 301, §  1;  57 Del. Laws, c. 551, §  1;  59 Del. Laws, c. 136, §  3;  60 Del. Laws, c. 251, §§  2, 3;  70 Del. Laws, c. 186, §  1;  repealed by 84 Del. Laws, c. 201, § 10, effective Sept. 11, 2023.; 

The following positions set forth in this section shall be exempt from Chapter 59 of this title:

(1) Secretary of Health and Social Services;

(2) Director of Public Health;

(3) Director of the Division of Substance Abuse and Mental Health;

(4) Director of Social Services;

(5) Chief of Business Administration and General Services;

(6) Chief of Planning, Research and Evaluation;

(7) Director of Developmental Disabilities Services;

(8) Director of Child Support Services;

(9) Director of the Division of Services for Aging and Adults with Physical Disabilities;

(10) Director of State Service Centers;

(11) Director of Long-Term Care Resident Protection; and

(12) Deputy Secretary of the Department of Health and Social Services.

29 Del. C. 1953, §  7924;  57 Del. Laws, c. 301, §  1;  57 Del. Laws, c. 551, §  1;  59 Del. Laws, c. 136, §  3;  60 Del. Laws, c. 251, §  4;  64 Del. Laws, c. 467, §§  4, 5;  65 Del. Laws, c. 89, §  3;  69 Del. Laws, c. 345, §  6;  70 Del. Laws, c. 150, §  7;  73 Del. Laws, c. 41, §  1;  73 Del. Laws, c. 68, §  5;  73 Del. Laws, c. 97, §  6;  79 Del. Laws, c. 265, §  4;  80 Del. Laws, c. 234, §  27; 

The Department, through appropriate divisions, subdivisions and offices, shall have the power to perform and shall be responsible for the performance of all the powers, duties and functions vested by law in the State Board of Health, the Board of Trustees of the Delaware Hospital for the Chronically Ill, the Hospital Advisory Council, the Department of Mental Health, the Board of Trustees of the Department of Mental Health, the Department of Public Welfare, the Board of Welfare, the Commission for the Blind [repealed], and the Commission for the Aging immediately prior to June 12, 1970, and which are not otherwise specifically transferred to the Department by this chapter.

29 Del. C. 1953, §  7925;  57 Del. Laws, c. 301, §  1;  57 Del. Laws, c. 551, §  1;  59 Del. Laws, c. 136, §  3;  60 Del. Laws, c. 207, §  1;  60 Del. Laws, c. 251, §  5;  64 Del. Laws, c. 108, §  3;  79 Del. Laws, c. 265, §  5;  83 Del. Laws, c. 455, § 5; 

Any and all rights of appeal now existing by law with respect to any act or acts constituting the exercise of any function or functions transferred to the Department or to any division or subdivision thereof shall continue to exist with respect to such act or acts as hereafter performed by the Department or by the division, subdivision or office to which such function is transferred and each such appeal shall be perfected in the manner heretofore provided by law.

29 Del. C. 1953, §  7926;  57 Del. Laws, c. 301, §  1;  57 Del. Laws, c. 551, §  1;  59 Del. Laws, c. 136, §  3;  60 Del. Laws, c. 251, §  6; 

(a) All definitions and references to any commission, board, department, authority or agency which appear in any other act or law shall, to the extent that the same are consistent with this chapter and in connection with a function transferred to the Department, be construed as referring and relating to the Department of Health and Social Services as created and established by this chapter.

(b) All definitions and references to any director, commissioner, executive secretary, commission, board or council member or other similar person which appear in any other act or law shall, to the extent that same are consistent with this chapter, and in connection with a function transferred to the Department, be construed as referring or relating to such person or persons and their powers, duties and functions as established and created by this chapter.

29 Del. C. 1953, §  7927;  57 Del. Laws, c. 301, §  1;  57 Del. Laws, c. 551, §  1;  59 Del. Laws, c. 136, §  3;  60 Del. Laws, c. 251, §  6; 

The Secretary of the Department shall make an annual report to the Governor and the General Assembly of the Department’s operations and render such other reports as the Governor or General Assembly may from time to time request or as may be required by law.

29 Del. C. 1953, §  7928;  57 Del. Laws, c. 301, §  1;  57 Del. Laws, c. 551, §  1;  59 Del. Laws, c. 136, §  3;  60 Del. Laws, c. 251, §  6; 

Any misnomer shall not defeat or annul any gift, grant, devise or bequest to the Department if it sufficiently appears by the will, conveyance or other writing that the party making the same intended to pass and convey to the Department or to any commission, board, department, authority, council or agency, to which, by this chapter, the powers, duties and functions have been transferred to the Department, the estate or interest therein expressed or described.

29 Del. C. 1953, §  7929;  57 Del. Laws, c. 301, §  1;  57 Del. Laws, c. 551, §  1;  59 Del. Laws, c. 136, §  3;  60 Del. Laws, c. 251, §  6; 

(a) The Secretary, in cooperation with the division directors, shall prepare a proposed budget for the operation of the Department to be submitted for the consideration of the Governor and the General Assembly. The Department shall be operated within the limitation of the annual appropriation and any other funds appropriated by the General Assembly.

(b) Special funds may be used in accordance with approved programs, grants and appropriations.

29 Del. C. 1953, §  7930;  57 Del. Laws, c. 301, §  1;  57 Del. Laws, c. 551, §  1;  59 Del. Laws, c. 136, §  3;  60 Del. Laws, c. 251, §  6; 

(a) The Division for the Visually Impaired (“Division”) has the power, duties, and functions necessary to provide services for persons with blindness and persons with visual impairment, including the powers, duties, and functions under this section, Chapter 21 of Title 31, and Chapter 23 of Title 31 [repealed.].

(b) The Division may establish, monitor, and oversee the operation of business programs for the purpose of providing training and employment for Delaware residents who are visually impaired under the Randolph-Sheppard Act (20 U.S.C. 107 et seq.). The business programs are known collectively as the “Business Enterprise Program” and may include vending, retail food services, meal preparation and distribution, concession stands, or other business programs that the Director of the Division may deem appropriate.

(1) The Division may promulgate rules and regulations to implement and operate the Business Enterprise Program. The rules and regulations must include provisions relating to participant eligibility, personnel management, fiscal controls, marketing plans, and enforcement of production quality standards.

(2) A participant in the Business Enterprise Program is not an employee of the Business Enterprise Program and may continue in the program only under the rules of the program. Each participant shall adhere to the rules and regulations that the Division promulgates.

(c) The Director of the Division is an exempt employee, and must be knowledgeable and skilled in the field of services to the visually impaired and responsive to the needs and concerns of that population.

(d) This State accepts the provisions and benefits of the Vocational Rehabilitation Act of 1973 (P.L. 93-112) (29 U.S.C. § 701 et seq.), as amended. The Department of Health and Social Services is a designated state agency, with the Secretary of the Department as the State Officer and the Division of the Visually Impaired as a designated state unit for all moneys from the Act that are designated for persons with visual impairment or persons with blindness. This is defined in a cooperative agreement dated December 1985 among the Department of Labor, Division for the Visually Impaired, and the Division of Vocational Rehabilitation. The Department of Health and Social Services shall cooperate with the United States Department of Education, Rehabilitation Services Administration, and, in accordance with all state laws, prepare the state plan and carry out the Rehabilitation Act of 1973 and its amendments.

61 Del. Laws, c. 329, §  3;  69 Del. Laws, c. 291, §  172;  70 Del. Laws, c. 425, §  159;  73 Del. Laws, c. 310, §  17;  83 Del. Laws, c. 455, § 3;  84 Del. Laws, c. 233, § 59; 

Repealed by 71 Del. Laws, c. 216, § 159, effective July 25, 1997.

(a) There is hereby established the Division of Medicaid and Medical Assistance under the direction and control of the Secretary of the Department of Health and Social Services.

(b) The mission of the Division of Medicaid and Medical Assistance is to maximize the well-being and quality of life for eligible low-income individuals and other vulnerable populations through the provision of overall leadership and direction in administering responsive, effective, and efficient health-care benefits.

(c) The Division of Medicaid and Medical Assistance shall have the power to perform and is responsible for the performance of all of the powers, duties, and functions specifically related to, Medicaid, the Delaware Healthy Children Program, the Delaware Prescription Assistance Program, the Chronic Renal Disease Program, and other health insurance related programs as administered through the Department of Health and Social Services.

(d) In the absence of an alternative agreement for a nonfee-for-service reimbursement mechanism approved by the Department of Health and Social Services between a home health-care nursing services provider and a Medicaid-contracted organization, all hourly home health-care nursing services paid for by Medicaid-contracted organizations will be reimbursed at a rate equal to or more than the rate set by the Division of Medicaid and Medical Assistance for equivalent services.

(e) The Division of Medicaid and Medical Assistance shall have the power to promulgate rules and regulations to implement this section.

(f) In the absence of an alternative agreement for a nonfee-for-service reimbursement mechanism approved by the Department of Health and Social Services between a home health or home care services provider and a Medicaid-contracted organization, all home health or home care services for Medicaid long-term care services and support providers paid for by Medicaid-contracted organizations will be reimbursed at a rate equal to or more than the rate set by the Division of Medicaid and Medical Assistance for equivalent services.

75 Del. Laws, c. 350, §  183;  81 Del. Laws, c. 58, §  39;  81 Del. Laws, c. 146, §  1;  81 Del. Laws, c. 328, § 2;  83 Del. Laws, c. 234, § 1;