Legislative wrap-up 06/19/19

Prison healthcare review committee passes House

Legislation designed to strengthen and expand the responsibilities of a prison healthcare review committee unanimously passed the House June 11.

Sponsored by Speaker of the House Rep. Pete Schwartzkopf, D-Rehoboth Beach, House Bill 173 would place the Adult Correction Healthcare Review Committee within the Criminal Justice Council and add the chairs of the House and Senate Corrections Committees and the Chief of the Bureau of Correctional Healthcare Services as non-voting members of the panel.

By housing the committee within the CJC, the council would provide staffing and resources to better meet its statutory requirements. The committee currently is tied to the Department of Correction, which could present a conflict with its mission, officials say.

“The committee grew out of serious concerns about healthcare being provided to inmates in our prisons, but we’ve seen many of those issues continue to resurface. We’ve seen the allegations of problems in our correctional facilities, and we have an obligation to address these concerns,” Schwartzkopf said. “By taking these steps to strengthen the committee, expand its responsibilities, provide it with more resources and give it more independence, we will help them achieve their mission and advise the governor and General Assembly on issues they identify and recommended improvements. Our goal is to provide better healthcare for our inmates, the vast majority of whom will be released and rejoin society at some point in their lives.”

Under HB 173, the following information must be provided to the committee at its request: autopsy reports of inmates who have died while incarcerated; evaluations performed by the Delaware Psychiatric Center of an inmate; inmate medical services records; and records of a contractor providing medical services to an inmate under the direction of the Department of Correction.

The bill would make it clear that certain state agencies and medical service contractors must provide information the committee requests. It also requires the committee to advise the governor and General Assembly in addition to the currently mandated Department of Correction commissioner. The bill now goes to the Senate for consideration.

Daylight savings time bill passes Senate

A bill that would keep Delaware on permanent daylight savings time passed the Senate June 12 by a 17-4 vote. The bill now awaits action in the House.

Senate Bill 73 would ask the U.S. Department of Transportation to move the First State into an eastern time zone known as the Atlantic Standard Time Zone. Such a request would only go forward if neighboring states Pennsylvania, New Jersey and Maryland agree to make the same switch.

“The goal here is not to put Delaware in a separate time zone on its own,” said bill sponsor Senate President Pro Tempore Sen. Dave McBride, D-Hawk's Nest. “What we really want to do is let the elected officials in Washington, D.C. know what we are fed up with darkness before 6 p.m. We are sick of literally losing sleep. And the time has come to do something about it.”

Bill aims to add consent instruction in schools

A bill that would require health classes to include instruction on consent unanimously passed the Senate June 12.

Senate Bill 78 would require public schools to add instruction about the meaning of consent and how to respect each other's personal boundaries.

“The ability to navigate adult relationships is a life skill and one we desperately need to teach our young people,” said prime sponsor of the bill Senate Majority Leader Nicole Poore, D-New Castle. “It’s not enough for us to simply teach them how their bodies work. They also need to be taught how to respect each other’s wishes and that includes learning how to ask for and identify consent.”

The bill now awaits action in House committee.

Prescription overcharging bill heads to governor

The Senate unanimously passed a bill on Wednesday prohibiting insurance companies and pharmacy benefit managers from overcharging for prescription drugs and pocketing the difference – a practice often referred to as a “clawback.”

The bill passed 18-0 with three absent, and it now heads to the governor for signature. It passed the House in March 38-0 with three absent.

In most cases, these overcharges occur when a patient’s co-pay for a prescription is higher than the total cost of the medication. Insurers and benefit managers can charge that co-pay and keep the difference, denying consumers the savings they would otherwise receive. House Bill 24 would specifically prohibit this practice.

“Pharmacy clawbacks have no place in our healthcare system, and I am proud that we are taking a substantial step forward in eliminating them with HB 24. When insurance companies and benefits managers pocket profits for prescription drugs the patient suffers,” said bill sponsor Rep. Andria Bennett, D-Dover South.

Waiving convictions for electrical licenses passes Senate

A bill that would waive some felony convictions for people applying for an electrician license passed the Senate June 11 by 20-0 with one absent.

The bill permits the Board of Electrical Examiners to waive felony convictions for crimes that happened more than three years prior. The bill, however, requires an applicant prove that they were not convicted of a felony sexual offense. The bill now awaits action in the House.