SB 296 — AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE DELAWARE HEALTH FUND.

Poore DELAWARE& STATERep. SENATE 153rd GENERAL ASSEMBLY SENATE AMENDMENT NO.

1Chukwuocha TODELAWARE STATE SENATE 153rd GENERAL ASSEMBLY SENATE BILL NO.

296 AN ACT TO AMEND SenateTITLE Bill16 No.OF THE DELAWARE CODE RELATING TO THE DELAWARE HEALTH FUND.

296,BE onIT lineENACTED 45,BY byTHE insertingGENERAL “orASSEMBLY designee,”OF afterTHE “DepartmentSTATE ofOF HealthDELAWARE: and Social Services,” and before “2 members” therein.

FURTHERSection AMEND1. Senate Bill No.

296,Amend on§ line137, 68,Subchapter byII, deletingChapter “(2)1, NoTitle later16 that July 1 of each fiscal year,” as it appears therein and inserting in lieu thereof “(2) With the exceptionDelaware ofCode theby periodmaking fromdeletions Julyas 1,shown 2026by tostrike Junethrough 30,and 2027,insertions noas latershown thanby Julyunderline 1as offollows: each fiscal year,”.

SYNOPSIS§ This137. amendment allows the Secretary of the Department of Health and Social Services to identify an individual to serve as the Secretary’s designee on the Delaware Health Fund Advisory Committee.

ThisDelaware amendment also makes an exception for the upcoming fiscal year, July 1, 2026 to June 30, 2027, for the Division of Public Health toFund. issue requests for proposals to private organizations for programs and services consistent with the purposes set forth in § 137(d) of the Public Health Fund, to allow sufficient time to prepare the requests for proposals.

(a) This section shall be referred to as the “Delaware Health Act of 1999.” (b) A special fund of the State is hereby created in the Department of Finance to be known as the “The Delaware Health Fund.” All annual payments received pursuant to the master settlement agreement entered into by the State and the participating tobacco manufacturers shall be deposited or transferred into the Delaware Health Fund.

All other moneys, including gifts, bequests, grants or other funds from private or public sources specifically designated for the Delaware Health Fund shall be deposited or transferred to the Delaware Health Fund.

Moneys in the Delaware Health Fund may be saved and deposited in an interest bearing savings or investment account.

Interest or other income earned on the moneys in the Delaware Health Fund shall be deposited or transferred into the Delaware Health Fund.

The Delaware Health Fund shall not lapse or revert to the General Fund.

(c)The Delaware Health Fund shall be used by the Attorney General to enforce and litigate the Tobacco Master Settlement Agreement (“MSA”) and the 2018 Non-Participating Manufacturers (NPM) Adjustment Settlement Agreement (NPMSA) between the State and the tobacco manufacturers pursuant to this section and 29 Del.

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(c) (d) Moneys from the Delaware Health Fund shall be expended for Delaware citizens in accordance with any 1 or more of the following:

(1) Expanding access to health care and health insurance for citizens of Delaware that lack affordable health care due to being uninsured or under insured;

insured.

(2) Making long-term investments to enhance health-care infrastructure which meets a public purpose;

purpose.

(3) Promoting healthy lifestyles, including the prevention and cessation of the use of tobacco, alcohol and other drugs by the citizens of Delaware;

Delaware.

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05/04/2026 12:34 PM (4) Promoting preventive care for Delawareans in order to detect and avoid adverse health conditions, particularly cancer and other tobacco-related diseases;

diseases.

(5) Working with the medical community by providing funding for innovative and/or cost effective testing regimens to detect and identify lesser-known but devastating and costly illnesses, such as sarcoidosis and hemochromatosis, fibromyalgia, lupus, Lyme disease disease, and chronic fatigue immune deficiency syndrome;

syndrome.

(6) Promoting a payment assistance program for prescription drugs to Delaware’s low income senior and disabled citizens who are ineligible for, or do not have, prescription drug benefits or coverage through federal state or private sources;

sources.

(7) Promoting a payment assistance program to Delaware’s citizens who suffer from debilitating chronic illnesses, such as diabetes and kidney disease which are characterized by onerous recurring costs for equipment, tests tests, and therapy;

and/or therapy.

(8) Such other expenditures as are deemed necessary in the best interests of the citizens of Delaware provided they shall be made for health-related purposes.

(d) (e) No moneys shall be expended from the Delaware Health Fund except pursuant to an appropriation incorporated in the State’s annual appropriations act.

(e) (f) Expenditures from the Delaware Health Fund shall not be used to supplant any State expenditures appropriated in Fiscal Year 1999 for purposes consistent with those outlined in subsection (c) of this section.

(f) (g) The transfer of funds appropriated from the Delaware Health Fund shall be administered as approved in the annual appropriation act or bond bill.

(g) (h) There is hereby established The Delaware Health Fund Advisory Committee comprised of the Secretary of the Department of Health and Social Services, 2 members of the Senate designated by the President Pro Tempore, 2 members of the House of Representatives designated by the Speaker of the House of Representatives, the Chair of the Health Care Commission or the Chair may designate a board member or staff person of the Health Care Commission, 3 members of the public to be appointed and to serve at the pleasure of the Governor, 1 member of the public appointed by the President Pro Tempore of the Senate to serve at the pleasure of the President Pro Tempore of the Senate, and 1 member of the public appointed by the Speaker of the House of Representatives to serve at the pleasure of the Speaker of the House of Representatives.