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Long-term care facility bills filed

Expanded oversight, better recruitment sought
March 11, 2024

A package of bills filed Feb. 26 in the Delaware General Assembly aim to improve long-term care facilities through expanded oversight, accountability and recruitment of employees in the field.

“At this point in time, we want to make sure going forward that our seniors, as well as their families and caregivers, should not have to worry about whether or not their loved ones are going to receive the highest level of care that they deserve,” said Sen. Spiro Mantzavinos, D-Wilmington. 

Delaware’s population is aging. A projection estimates 1 in 4 residents will be 65 or older by 2050, Mantzavinos said. While giving a nod to aging in place, Mantzavinos said the four bills focus on long-term care facilities because they play a role in allowing elderly residents to age in dignity.

Bills assigned to the Senate Health & Social Services Committee are Senate Bill 215 and SB 216. SB 215 would require at least an annual in-person inspection by the Division of Health Care Quality for assisted-living facilities and nursing homes. Current state law requires “regular” inspections. The bill would make clear that in-person inspections of the roughly 80 facilities currently in operation must occur at least once a year, officials said.

SB 216 would increase the civil penalties that can be imposed against long-term care facilities, regardless of whether the violations pose a serious threat to the health and safety of residents. Officials said fines have not been adjusted since 2000, and under the bill, all fines levied against long-term care facilities would be doubled to account for inflation over the last 24 years.

House Bill 300, awaiting action in the House Health and Human Development Committee, would require assisted-living facilities currently unregulated by the federal Centers for Medicare & Medicaid Services to maintain accreditation from an independent organization selected by the Delaware Department of Health and Social Services. The legislation also would define dementia care service in Delaware code for the first time, and require facilities that provide those services to meet independent certification standards. 

SB 217, awaiting action in the Senate Education Committee, would create a career-based scholarship program for nursing students and others to incentivize careers in Delaware’s long-term care facilities. Officials said through this scholarship, they hope to bolster the long-term care workforce by strengthening the pipeline of healthcare workers graduating from Delaware’s institutions of higher learning.

Legislative wrap-up

An amendment to HB 281 was filed Feb. 26 by the bill’s sponsor, Rep. Paul Baumbach, D-Newark, to allow the option for a Medicare Advantage Plan for eligible pensioners hired on or after Jan. 1, 2025. The bill originally repealed the Medicare Advantage option. Medicare Advantage was a point of contention for current retirees who spoke against it, and they now have a different option.

Baumbach also filed an amendment to HB 282 that would restore the secretary of the Department of Human Resources as a member of the State Employee Benefits Committee, makes the controller general a nonvoting member of the committee, and allows the controller general to designate the deputy controller general to attend meetings.

 

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