Delaware 151st General Assembly (2021-2022) Status: Enacted Bipartisan · 4 D · 1 R cosponsors

HB 161 — AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE DEFINITION OF HOSPITALS.

Last action — Signed by Governor

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

This bill has been enacted into law. Introduced April 15, 2021. Enacted.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

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A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Likely to advance 98% · high confidence
  • Enacted

    Current position in the legislative process.

  • 11 sponsors

    4 primary, 7 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (4 D · 1 R) — cross-party backing.

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Summary

This Act adds an additional classification for surgical hospitals. House Bill No. 91 adopted by the 150th General Assembly (82 Del. Laws c. 73) revised the statutory definition of hospital and classified hospitals as either General, Long-term care, Psychiatric, or Rehabilitation. The existing classifications do not include surgical hospitals, those specialized hospitals providing surgical services at a level of care higher than freestanding surgery centers but whose patients do not require all of the services provided by “General” acute care hospitals. This Act will allow the Department of Health and Social Services to license and regulate surgical hospitals providing inpatient and outpatient surgical services to patients whose duration of stay is not expected to exceed 72 hours. This Act also makes technical corrections to existing law to make it consistent with the Legislative Drafting Manual.

Bill Text

What changed in the latest version

46 added · 22 removed

46 line(s) added, 22 removed.

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Latest
Bentz HOUSE OF REPRESENTATIVES 151st GENERAL ASSEMBLY HOUSE AMENDMENT NO.
Bentz & Rep.
1 TO HOUSE BILL NO.
Smyk & Sen.
161 AMEND House Bill No.
S.
161 by deleting lines 22 and 23 in their entirety and inserting in lieu thereof the following:
McBride & Sen.
“(5) Surgical.
Lopez Reps.
─ Providing inpatient and outpatient surgical and related services in which the anticipated duration of the patient’s stay will not exceed 72 hours following admission.
Briggs King, Griffith, Lambert, Mitchell, Michael Smith;
A surgical hospital must provide all of the following services on-site:
Sens.
Sokola, Walsh HOUSE OF REPRESENTATIVES 151st GENERAL ASSEMBLY HOUSE BILL NO.
161 AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE DEFINITION OF HOSPITALS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1.
Amend Chapter 10, Title 16 of the Delaware Code by making insertions as shown by underline and deletions as shown by strike through as follows:
§1001.
“Hospital” defined.
(a) As used in this chapter, “hospital” means a health-care organization that has a governing body, an organized medical and professional staff, and inpatient facilities, and provides either medical diagnosis, treatment and care, nursing and related services for ill and injured patients, or rehabilitation services for the rehabilitation of ill, injured or disabled patients 24 hours per day, 7 days per week and primarily engaged in providing inpatient services.
(b) Hospitals may be further classified as:
(1) General.
— Providing diverse patient services, diagnostic and therapeutic, for a variety of medical conditions.
A general hospital must provide onsite:
on-site:
Diagnostic x-ray services with facilities and staff for a variety of procedures.
Diagnostic x-ray services with facilities and staff for a variety of procedures;
procedures.
Clinical laboratory services with facilities and anatomical pathology services regularly and conveniently available.
Clinical laboratory services with facilities and with anatomical pathology services regularly and conveniently available;
and available.
Basic emergency care.”.
Emergency department with facilities and staff.
FURTHER AMEND House Bill No.
(2) Long-term care.
161 on line 24 by deleting “(5)” as it appears therein and inserting “(4)” in lieu thereof.
— Providing inpatient services for patients whose medically-complex conditions require a long hospital stay with an average length of stay of greater than 25 days.
SYNOPSIS This Amendment clarifies the services a surgical hospital must provide on-site which are similar to the services a general hospital must provide on-site in contrast to the services which are not required to be provided at long-term care, psychiatric and rehabilitation hospitals.
(3) Psychiatric.
General hospitals must have an emergency department with facilities and staff while surgical hospitals are only required to provide basic emergency care.
— Providing services for the diagnosis and treatment of patients with psychiatric-related illness.
Both General and surgical hospitals are required to provide diagnostic x-ray, clinical laboratory and operating room services all with facilities and staff.
(4) Rehabilitation.
— Providing intensive inpatient rehabilitative services for 1 or more conditions requiring rehabilitation.
MAW Page 1 of 1 Released:
MAW Page 1 of 2 Released:
05/07/2021 11:34 AM 2141510265
04/14/2021 02:56 PM (5) Surgical.
─ Providing inpatient and outpatient surgical and related services in which the expected duration of the patient’s stay does not exceed 72 hours following an admission.
(c) Hospitals classified under subsections (b)(2) through (5) shall not be required to comply with the provisions of subsection (b)(1), but must, at a minimum, provide on-site basic emergency care services.
Section 2.
Nothing in this Act shall be interpreted as affecting or invalidating any services provided by hospitals in Delaware prior to the effective date of this Act.
SYNOPSIS This Act adds an additional classification for surgical hospitals.
House Bill No.
91 adopted by the 150th General Assembly (82 Del.
Show all 49 changed rows (9 more)
Previous
Latest
Laws c.
73) revised the statutory definition of hospital and classified hospitals as either General, Long- term care, Psychiatric, or Rehabilitation.
The existing classifications do not include surgical hospitals, those specialized hospitals providing surgical services at a level of care higher than freestanding surgery centers but whose patients do not require all of the services provided by “General” acute care hospitals.
This Act will allow the Department of Health and Social Services to license and regulate surgical hospitals providing inpatient and outpatient surgical services to patients whose duration of stay is not expected to exceed 72 hours.
This Act also makes technical corrections to existing law to make it consistent with the Legislative Drafting Manual.
HD :
KK :
MAW Page 2 of 2 Released:
04/14/2021 02:56 PM 2141510211
View plain text versions (2)

Action History

  1. Signed by Governor

  2. Passed By Senate. Votes: 21 YES

  3. Reported Out of Committee (Health & Social Services) in Senate with 3 Favorable, 3 On Its Merits

  4. Assigned to Health & Social Services Committee in Senate

  5. Passed By House. Votes: 41 YES

  6. Amendment HA 1 to HB 161 - Passed By House. Votes: 41 YES

  7. Reported Out of Committee (Health & Human Development) in House with 6 Favorable, 4 On Its Merits

  8. Amendment HA 1 to HB 161 - Introduced and Placed With Bill

  9. Introduced and Assigned to Health & Human Development Committee in House

Sponsors

Sponsorship breakdown

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4 sponsors · 7 co-sponsors · 51 not signed on

Co-sponsors (7)

Not signed on (51)

51 members have not signed on to this bill.

Show all 51 →

"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 5000
Democratic 11000
Republican 5000
Total 21000
% of votes cast 100%0%0%0%
How each member voted (21)
Member Party Vote
Bruce C. Ennis — Yea
Colin Bonini — Yea
Ernesto B Lopez — Yea
Kyle Evans Gay — Yea
Sarah McBride — 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
Marie Pinkney Democratic Yea
Nicole Poore Democratic Yea
S. Elizabeth Lockman Democratic Yea
Spiros Mantzavinos 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 →

SM

Passed 41 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 13000
Democratic 16000
Republican 12000
Total 41000
% of votes cast 100%0%0%0%
How each member voted (41)
Member Party Vote
Andria L. Bennett — Yea
David Bentz — Yea
Gerald L. Brady — Yea
John A. Kowalko — Yea
John L. Mitchell — Yea
Michael Ramone — Yea
Paul S. Baumbach — Yea
Peter C. Schwartzkopf — Yea
Ruth Briggs King — Yea
Sean Matthews — Yea
Sherry Dorsey Walker — Yea
Stephen Smyk — Yea
Valerie Longhurst — Yea
Debra Heffernan Democratic Yea
Edward S. Osienski Democratic Yea
Eric Morrison Democratic Yea
Franklin D. Cooke Democratic Yea
Kendra Johnson Democratic Yea
Kimberly Williams Democratic Yea
Krista Griffith Democratic Yea
Larry Lambert Democratic Yea
Madinah Wilson-Anton Democratic Yea
Melissa Minor-Brown Democratic Yea
Nnamdi O. Chukwuocha Democratic Yea
Sean M. Lynn Democratic Yea
Sherae'a Moore Democratic Yea
Stephanie T. Bolden Democratic Yea
William Bush Democratic Yea
William J. Carson Democratic Yea
Bryan W. Shupe Republican Yea
Charles S Postles Jr. Republican Yea
Daniel B. Short Republican Yea
Jeffrey N. Spiegelman Republican Yea
Jesse R. Vanderwende Republican Yea
Kevin S Hensley Republican Yea
Lyndon D. Yearick Republican Yea
Michael F. Smith Republican Yea
Richard G. Collins Republican Yea
Ronald E. Gray Republican Yea
Shannon Morris Republican Yea
Timothy D. Dukes Republican Yea

Official roll call →

Subjects

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Frequently asked questions

What does HB 161 do?
This Act adds an additional classification for surgical hospitals. House Bill No. 91 adopted by the 150th General Assembly (82 Del. Laws c. 73) revised the statutory definition of hospital and classified hospitals as either General, Long-term care, Psychiatric, or Rehabilitation. The existing classifications do not include surgical hospitals, those specialized hospitals providing surgical services at a level of care higher than freestanding surgery centers but whose patients do not require all of the services provided by “General” acute care hospitals. This Act will allow the Department of Health and Social Services to license and regulate surgical hospitals providing inpatient and outpatient surgical services to patients whose duration of stay is not expected to exceed 72 hours. This Act also makes technical corrections to existing law to make it consistent with the Legislative Drafting Manual.
Who sponsors HB 161?
HB 161 is sponsored by Michael F. Smith (Republican), David P. Sokola (Democratic), John "Jack" Walsh (Democratic), Krista Griffith (Democratic), Larry Lambert (Democratic), John L. Mitchell, Ruth Briggs King, Stephen Smyk, Ernesto B Lopez, Sarah McBride, and David Bentz.
What is the current status of HB 161?
This bill has been enacted into law. Introduced April 15, 2021. Enacted.
Where can I track HB 161?
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