Bill Text: DE SB254 | 2009-2010 | 145th General Assembly | Draft

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Bill Title: An Act To Amend Title 16 And Title 29 Of The Delaware Code Relating To Nursing Facilities And Similar Facilities.

Spectrum: Moderate Partisan Bill (Democrat 9-2)

Status: (Passed) 2010-06-28 - Signed by Governor [SB254 Detail]

Download: Delaware-2009-SB254-Draft.html

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SPONSOR:	Sen. Henry & Rep. Barbieri
	Sens. Blevins, Marshall, McDowell, Ennis, Peterson, Sorenson; Reps. Schooley, Viola & Hudson

DELAWARE STATE SENATE

145th GENERAL ASSEMBLY

SENATE BILL NO. 254

AN ACT TO AMEND TITLE 16 AND TITLE 29 OF THE DELAWARE CODE RELATING TO NURSING FACILITIES AND SIMILAR FACILITIES.

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

Section 1.Amend §1102, Title 16 of the Delaware Code, by inserting a new paragraph (8) as follows

"(8) ‘State Civil Penalty Trust Fund' shall mean a fund maintained by the Department to which civil money penalties imposed for violations of state statute or regulation are to be remitted. Money deposited into this fund shall be used to further the purposes set forth in §1101 and §7971,Title 29 of the Delaware Code.

Section 2.Amend §1112(a), Title 29 of the Delaware Code, by deleting the period and inserting the following; "if based on a federal regulation, or to the State Civil Penalty Trust Fund, if based on a state statute or regulation."

Section 3.Amend §1112(c), Title 29 of the Delaware Code, by deleting the period and inserting the following; "or the State Civil Penalty Trust Fund, as appropriate."

SYNOPSIS

This Bill will create a State Civil Penalty Trust Fund. Currently, all sanctions which are imposed as a result of the surveys and complaint investigations of this Division are placed in the Long Term Care Residents Trust Fund which is governed by very restrictive federal regulations. It is not compulsory to put the revenue derived from State sanctions into the Long Term Care Trust Fund—but that has been our practice. By splitting the money, and creating a fund which receives civil penalties imposed pursuant to state statutes and regulations, the Division will be better able to support community based residential efforts while, at the same time, taking care of long term care needs with the Long Term Care Trust Fund.

Author:Senator Henry