Bill Text: DE SB121 | 2013-2014 | 147th General Assembly | Draft
Bill Title: An Act To Amend Title 16 Of The Delaware Code Relating To The Operation Of Unlicensed Healthcare Agencies And Facilities.
Spectrum: Bipartisan Bill
Status: (Passed) 2013-07-31 - Signed by Governor [SB121 Detail]
Download: Delaware-2013-SB121-Draft.html
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SPONSOR: |
Sen. Hall-Long & Rep. Barbieri |
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Sens. Bushweller, Cloutier, Ennis, Henry, Hocker, Lopez; Reps. Bolden, Briggs King, Carson, Hudson, Jaques, Keeley, Mulrooney, Wilson |
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DELAWARE STATE SENATE 147th GENERAL ASSEMBLY |
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SENATE BILL NO. 121 |
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AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE OPERATION OF UNLICENSED HEALTHCARE AGENCIES AND FACILITIES. |
Section 1. Amend Chapter 1, Title 16 of the Delaware Code by making insertions as shown by underlining and deletions as shown by strike through as follows:
§122. Powers and duties of the Department of Health and Social Services.
"(9) No person shall operate any healthcare agency or facility without a license from the Department of
Health and Social Services if such healthcare agency or facility is required to obtain a license under Title 16 of the
Delaware Code.The Department may make and enforce such orders as it deems necessary to protect the health
and safety of the public hereunder. Without limitation of the foregoing, if the Department determines that a
healthcare agency or facility is operating without a required license, the Department may order that such agency or
facility be closed.
a. Whoever refuses, fails or neglects to close after notification from theDepartment
regarding the requirement for licensure shall besubject to an administrative penalty of $5,000.00 per day,
together with costs, for every day that they remain open from and after the effective date of notification from the
Department.
b. In the event of nonpayment of the administrative penalty after all legal appeals have been
exhausted, a civil action may be brought by the Secretary in any court of competent jurisdiction, including any
Justice of the Peace Court, for collection of the administrative penalty, including interest, attorneys' fees and costs,
and the validity, amount and appropriateness of such administrative penalty shall not be subject to review.
(9)(10)
The powers and duties of the Department are subject to the powers and
duties granted other entities in Title 20. Provisions of Title 20 which
conflict with provisions of this section shall take precedence over this
section.
SYNOPSIS
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This closes a technical loophole in the Delaware Code.Currently, the Department of Health and Social Services has minimal authority to act against an unlicensed healthcare agency or facility operating in the state.This would allow the Department to take administrative action against those healthcare agencies and facilities operating in the state that are required to be licensed but fail to complete the licensure process.This would help protect the public from unlicensed and unregulated healthcare providers. |
Author: Senator Hall-Long
