Delaware 150th General Assembly (2019-2020) Status: Passed Senate Bipartisan · 4 D · 2 R cosponsors

SB 154 — AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO SERVICES FOR ADULTS WITH INTELLECTUAL AND DEVELOPMENTAL DISABILITIES.

Last action — Reported Out of Committee (Sunset Committee (Policy Analysis & Government Accountability)) in House with 3 On Its Merits

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 150th General Assembly (2019-2020). It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.

Summary

This Act establishes the Quality Improvement Advisory Council (“Advisory Council”) to promote collaboration and problem-solving with stakeholders in the system of care administered by the Division of Developmental Disabilities Services (“the Division”). The Division, in consultation with the Advisory Council, must submit an annual report to the General Assembly and the Department of Health and Social Services on specific performance measures affecting services to adults with intellectual and developmental disabilities. Under this Act, the Joint Legislative Oversight and Sunset Committee will review the Advisory Council in 2022 to determine whether it has been an effective tool for collaboration between the Division of Developmental Disabilities Services and the provider community.

Bill Text

What changed in the latest version

64 added · 102 removed

64 line(s) added, 102 removed.

→
Previous
Latest
Lockman & Sen.
Hansen DELAWARE STATE SENATE 150th GENERAL ASSEMBLY SENATE AMENDMENT NO.
Hansen & Rep.
1 TO SENATE BILL NO.
Bentz Sens.
154 AMEND Senate Bill No.
Delcollo, Lopez, Richardson, Walsh;
154 on lines 13 and 14 by deleting “Quality Improvement” as it appears therein and inserting in lieu thereof “Stakeholder”.
Reps.
FURTHER AMEND Senate Bill No.
Bennett, Dorsey Walker, Spiegelman, K.
154 on line 23 by deleting “Quality Improvement” as it appears therein and inserting in lieu thereof “Stakeholder”.
Williams, Yearick DELAWARE STATE SENATE 150th GENERAL ASSEMBLY SENATE BILL NO.
FURTHER AMEND Senate Bill No.
154 AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO SERVICES FOR ADULTS WITH INTELLECTUAL AND DEVELOPMENTAL DISABILITIES.
154 by deleting lines 28 through 46 in their entirety and inserting in lieu thereof the following:
WHEREAS, the General Assembly wants to promote continued access to home and community-based services of the highest quality possible to adults with intellectual and developmental disabilities (“I/DD”);
“b.
and WHEREAS, the General Assembly believes that both service access and service quality for adults with I/DD depend on a strong degree of collaboration and partnership among the Division of Developmental Disabilities Services (“DDDS”) and its stakeholders, including contracted services providers and advocates;
Eight members who are appointed by the chairs of the Joint Legislative Oversight and Sunset Committee and meet the following qualifications:
and WHEREAS, the General Assembly supports the development of policies and procedures adopted by DDDS and the regulations promulgated by DDDS based on a collaborative partnership with its stakeholders.
NOW, THEREFORE:
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1.
Amend § 7909A, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 7909A.
Division of Developmental Disabilities Services.
(e) The Division of Developmental Disabilities Services shall be Services, in consultation with the Quality Improvement Advisory Council under subsection (h) of this section, is authorized to promulgate rules and regulations rules, regulations, and administrative policies and procedures to implement this statute.
(g) The Division of Developmental Disabilities Services shall obtain all of the following information via its contract requirements for all service providers of day and residential services:
(1) Starting and average hourly wages for all direct support professionals, referred to throughout this subsection (g) of this section as “DSPs”, including the starting average wages for DSPs who are designated as “shift leads”.
(2) Turnover rates for all DSP positions, including “shift leads”.
(3) Duration and number of full-time equivalents, also known as FTEs, of each DSP vacancy.
LC :
HVW :
CM Page 1 of 4 Released:
06/12/2019 02:21 PM (h)(1) The Quality Improvement Advisory Council, referred to throughout this subsection (h) of this section as “the Advisory Council”, is established and comprised of the following 9 members:
a.
One staff member of the Division of Developmental Disabilities Services, who is responsible for ensuring program quality.
This member is appointed by the Secretary of the Department of Health and Social Services.
b.
Four members who the Ability Network of Delaware may recommend and who represent the following provider organizations:
One supported employment provider.
One member who is a supported employment provider.
This member is appointed by the President Pro Tempore of the Senate.
One day habilitation provider.
One member who is a day habilitation provider.
This member is appointed by the Minority Leader of the Senate.
One residential provider.
One member who is a residential provider.
This member is appointed by the Speaker of the House of Representatives.
One clinical nursing and behavioral analyst provider.
One member who is a clinical nursing and behavioral analyst provider.
This member is appointed by the Minority Leader of the House of Representatives.
5.
c.
Four members who meet all of the following criteria:
Show all 92 changed rows (52 more)
Previous
Latest
Four members who the State Council for Persons with Disabilities may recommend and who must meet all of the following criteria:
1.
Are advocates of individuals with developmental disabilities.
2.
Are not employed by the Division of Developmental Disabilities Services or a provider organization.
3.
Are appointed as follows:
One advocate appointed by the President Pro Tempore of the Senate.
Are advocates of individuals with developmental disabilities.
One advocate appointed by the Minority Leader of the Senate.
Are not employed by the Division of Developmental Disabilities Services or a provider organization.”.
C.
FURTHER AMEND Senate Bill No.
One advocate appointed by the Speaker of the House of Representatives.
154 by inserting between lines 47 and 48 “a.
D.
Advise the Director of the Division of Developmental Disabilities Services regarding proposed and implemented regulations and policies that pertain to the provision of home and community-based services.” and redesignating accordingly.
One advocate appointed by the Minority Leader of the House of Representatives.
FURTHER AMEND Senate Bill No.
(2) The Advisory Council shall do all of the following:
154 on line 48 by deleting “oversee” as it appears therein and inserting in lieu thereof “advise on”.
a.
FURTHER AMEND Senate Bill No.
Work collaboratively with the Division of Developmental Disabilities Services to design and oversee systems changes intended to address the delivery of services to adults with intellectual and developmental disabilities.
154 on line 66 by deleting “Quality Improvement” as it appears therein and inserting in lieu thereof “Stakeholder”.
b.
FURTHER AMEND Senate Bill No.
Assist the Division of Developmental Disabilities Services to design performance measures for services to adults with intellectual and developmental disabilities.
154 by deleting lines 68 through 76 in their entirety and inserting in lieu thereof the following:
“Services, and the Director and Librarian of the Division of Research of Legislative Council.
CM Page 2 of 4 Released:
CM Page 1 of 2 Released:
06/12/2019 02:21 PM c.
06/20/2019 09:36 AM (1) The report must include all of the following:
Review and provide input into the annual report under subsection (i) of this section.
a.
(3) Each Advisory Council member serves at the pleasure of the member’s appointing authority.
The number of substantiated incidents of abuse, neglect, and exploitation of adults with intellectual and developmental disabilities, detailing the types of substantiated incidents by service setting.
(4) The Advisory Council shall elect a chair and vice chair from among its members.
b.
(5) The Division of Developmental Disabilities Services shall provide reasonable staff support to assist the Advisory Council in performing its duties under this section.
Other trends, analyses, and recommendations as determined by the Division of Developmental Disabilities Services in consultation with the Stakeholders Advisory Council.
(6) A majority of members must be present at an Advisory Council meeting in order to have quorum and conduct official business.
c.
A vacant position is not counted for quorum purposes.
The information obtained under subsection (g) of this section.
(7) The Advisory Council shall meet at least once per month.
d.
(8) The Advisory Council may establish subcommittees and adopt procedural rules to carry out its functions under this section.
An annual synopsis of the implementation of the corrective measures process, including all of the following:
(9) Council members receive no compensation, but may be reimbursed through the Division of Developmental Disabilities Services for actual and necessary travel expenses incurred in the performance of their official duties.
1.
(i) The Division of Developmental Disabilities Services, in consultation with the Quality Improvement Advisory Council, shall submit an annual report to the General Assembly, the Secretary of the Department of Health and Social Services, and the Director and Librarian of the Division of Research of Legislative Council.
The total number of provider violations.
The report must include all of the following:
2.
(1) The number of substantiated incidents of abuse, neglect, and exploitation of adults with intellectual and developmental disabilities, detailing the types of substantiated incidents by service setting.
The number of provider violations by the type of violation.
(2) Other trends, analyses, and recommendations as determined by the Division of Developmental Disabilities Services in consultation with the Quality Improvement Advisory Council.
3.
(3) The information obtained under subsection (g) of this section.
The number of providers placed on probation.
(4) An annual synopsis of the implementation of the corrective measures process, including a discussion of provider violations, probation, appeals, and ultimate disposition.
4.
Section 2.
The number of appeals.
This Act takes effect on July 1, 2019.
5.
Section 3.
The ultimate disposition of provider violations.
The Joint Legislative Oversight and Sunset Committee shall review the Quality Improvement Advisory Council in 2022 to determine whether it has been an effective tool for collaboration between the Division of Developmental Disabilities Services and the provider community.
(2) When providing the data required under paragraph (i)(1) of this section, the report may not include information that may identify a specific patient or provider.
SYNOPSIS This Act establishes the Quality Improvement Advisory Council (“Advisory Council”) to promote collaboration and problem-solving with stakeholders in the system of care administered by the Division of Developmental Disabilities Services (“the Division”).
(3) The data required under paragraph (i)(1) of this section are not records or proceedings for the purposes of § 1768 of Title 24.
The Division, in consultation with the Advisory Council, must submit an annual report to the LC :
The release of the data for the purposes of the report under this section does not waive the privileged nature of the data under § 1768 of Title 24 for purposes other than that of the report.”.
HVW :
FURTHER AMEND Senate Bill No.
CM Page 3 of 4 Released:
154 on line 78 by deleting “Quality Improvement” as it appears therein and inserting in lieu thereof “Stakeholder”.
06/12/2019 02:21 PM General Assembly and the Department of Health and Social Services on specific performance measures affecting services to adults with intellectual and developmental disabilities.
SYNOPSIS This Amendment does the following:
Under this Act, the Joint Legislative Oversight and Sunset Committee will review the Advisory Council in 2022 to determine whether it has been an effective tool for collaboration between the Division of Developmental Disabilities Services and the provider community.
- Changes the name of the advisory council and clarifies the advisory council’s role in advising the Division of Developmental Disabilities Services (“Division”).
- Changes and simplifies the appointing authority of the advisory council’s membership, so that 1 member is appointed by the Division’s Secretary and the remaining 8 members are appointed by the chairs of the Joint Legislative Oversight and Sunset Committee.
- Clarifies that the data required in the annual report may not include information that identifies a specific patient or provider.
- Provides that the data that must be included in the annual report are not records and proceedings for the purposes of § 1768 of Title 24.
Senator Lockman LC :
Senator Hansen LC :
CM Page 4 of 4 Released:
CM Page 2 of 2 Released:
06/12/2019 02:21 PM 5081500108
06/20/2019 09:36 AM 5081500119
⬇ Download PDF
View plain text versions (2)

Action History

  1. Reported Out of Committee (Sunset Committee (Policy Analysis & Government Accountability)) in House with 3 On Its Merits

  2. Assigned to Sunset Committee (Policy Analysis & Government Accountability) Committee in House

  3. Passed By Senate. Votes: 21 YES

  4. Amendment SA 1 to SB 154 - Passed By Senate. Votes: 20 YES 1 ABSENT

  5. Amendment SA 1 to SB 154 - Introduced and Placed With Bill

  6. Reported Out of Committee (Sunset) in Senate with 4 On Its Merits

  7. Introduced and Assigned to Sunset Committee in Senate

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

3 sponsors · 9 co-sponsors · 50 not signed on

Sponsors (3)

Co-sponsors (9)

Not signed on (50)

50 members have not signed on to this bill.

Show all 50 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

SM

Passed 21 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 7000
Democratic 9000
Republican 5000
Total 21000
% of votes cast 100%0%0%0%
How each member voted (21)
Member Party Vote
Anthony Delcollo — Yea
Bruce C. Ennis — Yea
Catherine Cloutier — Yea
Colin Bonini — Yea
David B. McBride — Yea
Ernesto B Lopez — Yea
Harris B. McDowell — Yea
Bryan Townsend Democratic Yea
Darius J. Brown Democratic Yea
David P. Sokola Democratic Yea
John "Jack" Walsh Democratic Yea
Laura V. Sturgeon Democratic Yea
Nicole Poore Democratic Yea
S. Elizabeth Lockman Democratic Yea
Stephanie L. Hansen Democratic Yea
Trey Paradee Democratic Yea
Brian Pettyjohn Republican Yea
Bryant L. Richardson Republican Yea
Dave G. Lawson Republican Yea
David L. Wilson Republican Yea
Gerald W. Hocker Republican Yea

Official roll call →

Subjects

public-safety healthcare
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 154 do?
This Act establishes the Quality Improvement Advisory Council (“Advisory Council”) to promote collaboration and problem-solving with stakeholders in the system of care administered by the Division of Developmental Disabilities Services (“the Division”). The Division, in consultation with the Advisory Council, must submit an annual report to the General Assembly and the Department of Health and Social Services on specific performance measures affecting services to adults with intellectual and developmental disabilities. Under this Act, the Joint Legislative Oversight and Sunset Committee will review the Advisory Council in 2022 to determine whether it has been an effective tool for collaboration between the Division of Developmental Disabilities Services and the provider community.
Who sponsors SB 154?
SB 154 is sponsored by Lyndon D. Yearick (Republican), Kimberly Williams (Democratic), Bryant L. Richardson (Republican), Stephanie L. Hansen (Democratic), S. Elizabeth Lockman (Democratic), John "Jack" Walsh (Democratic), David Bentz, Anthony Delcollo, Ernesto B Lopez, Andria L. Bennett, Sherry Dorsey Walker, and Jeffrey N. Spiegelman.
What is the current status of SB 154?
This bill died with 150th General Assembly (2019-2020). It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 154?
Track SB 154 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on SB 154

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of SB 154

Last checked for changes 2 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →