HB 161 — AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE DEFINITION OF HOSPITALS.
Last action — Signed by Governor
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✓Introduced
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✓In Committee
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✓Passed House
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced April 15, 2021. Enacted.
Odds of enactment
High chanceBased 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
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Enacted
Current position in the legislative process.
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11 sponsors
4 primary, 7 co-sponsors signed on.
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Bipartisan support
Sponsored across 2 parties (4 D · 1 R) — cross-party backing.
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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 removed46 line(s) added, 22 removed.
Bentz HOUSE& OFRep. REPRESENTATIVES 151st GENERAL ASSEMBLY HOUSE AMENDMENT NO.
1Smyk TO& HOUSESen. BILL NO.
161S. AMEND House Bill No.
161McBride by& deletingSen. lines 22 and 23 in their entirety and inserting in lieu thereof the following:
“(5)Lopez Surgical.Reps.
─Briggs ProvidingKing, inpatientGriffith, andLambert, outpatientMitchell, surgicalMichael andSmith; related services in which the anticipated duration of the patient’s stay will not exceed 72 hours following admission.
ASens. surgical hospital must provide all of the following services on-site:
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.procedures;
procedures.
Clinical laboratory services with facilities and with anatomical pathology services regularly and conveniently available.available;
and available.
BasicEmergency emergencydepartment care.”.with facilities and staff.
FURTHER(2) AMENDLong-term Housecare. Bill No.
161— onProviding lineinpatient 24services byfor deletingpatients “(5)”whose asmedically-complex itconditions appearsrequire thereina andlong insertinghospital “(4)”stay inwith lieuan thereof.average length of stay of greater than 25 days.
SYNOPSIS(3) ThisPsychiatric. 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.
General— hospitalsProviding mustservices havefor anthe emergencydiagnosis department with facilities and stafftreatment whileof surgicalpatients hospitalswith arepsychiatric-related onlyillness. required to provide basic emergency care.
Both(4) GeneralRehabilitation. and surgical hospitals are required to provide diagnostic x-ray, clinical laboratory and operating room services all with facilities and staff.
— Providing intensive inpatient rehabilitative services for 1 or more conditions requiring rehabilitation.
MAW Page 1 of 12 Released:
05/07/202104/14/2021 11:3402:56 AMPM 2141510265(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 lines (9 more)
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
Show all 49 changed rows (9 more)
Action History
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Signed by Governor
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Passed By Senate. Votes: 21 YES
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Reported Out of Committee (Health & Social Services) in Senate with 3 Favorable, 3 On Its Merits
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Assigned to Health & Social Services Committee in Senate
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Passed By House. Votes: 41 YES
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Amendment HA 1 to HB 161 - Passed By House. Votes: 41 YES
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Reported Out of Committee (Health & Human Development) in House with 6 Favorable, 4 On Its Merits
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Amendment HA 1 to HB 161 - Introduced and Placed With Bill
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Introduced and Assigned to Health & Human Development Committee in House
Sponsors
- Michael F. Smith · Cosponsor
- David P. Sokola · Cosponsor
- John "Jack" Walsh · Cosponsor
- Krista Griffith · Cosponsor
- Larry Lambert · Cosponsor
- John L. Mitchell · Cosponsor
- Ruth Briggs King · Cosponsor
- Stephen Smyk · Primary
- Ernesto B Lopez · Primary
- Sarah McBride · Primary
- David Bentz · Primary
Sponsorship breakdown
Export CSV (upgrade) →4 sponsors · 7 co-sponsors · 51 not signed on
Sponsors (4)
Co-sponsors (7)
- Michael F. Smith Republican
- David P. Sokola Democratic
- John "Jack" Walsh Democratic
- Krista Griffith Democratic
- Larry Lambert Democratic
- John L. Mitchell
- Ruth Briggs King
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.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 5 | 0 | 0 | 0 |
| Democratic | 11 | 0 | 0 | 0 |
| Republican | 5 | 0 | 0 | 0 |
| Total | 21 | 0 | 0 | 0 |
| % 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 |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 13 | 0 | 0 | 0 |
| Democratic | 16 | 0 | 0 | 0 |
| Republican | 12 | 0 | 0 | 0 |
| Total | 41 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (41)
Subjects
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?
- Track HB 161 free on One Click Politics — get push/email alerts when it moves.
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