Delaware 151st General Assembly (2021-2022) Status: Enacted Bipartisan · 19 D · 6 R cosponsors

HB 234 — AN ACT TO AMEND TITLE 31 RELATED TO EXTENSION OF MEDICAID COVERAGE THROUGH THE FIRST YEAR POSTPARTUM.

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 June 08, 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.

  • 33 sponsors

    6 primary, 27 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (19 D · 6 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 requires the Department of Health and Social Services, Division of Medicaid and Medical Assistance to take the necessary steps to expand Medicaid coverage to pregnant women from the current coverage of 60-days from the end of pregnancy under federal Medicaid regulations to 12 months from the end of pregnancy. As a consequence of the COVID-19 pandemic, pregnant women receiving Medicaid benefits cannot be dropped so comprehensive medical care and other health care services have continued beyond 60 days until 12 months after the end of pregnancy by virtue of the federal Determination that a Public Health Emergency Exists. This Act would continue that coverage after the Determination is not renewed. In the event that coverage under the Determination ends before the State Plan Amendment is approved, the State will be obligated to provide the cost of coverage for services provided to pregnant women during the period from 60 days until 12 months after pregnancy ends. Insurance coverage is a critical factor in determining women’s access to affordable postpartum care and is a key strategy for reducing preventable maternal mortality. Extending the period postpartum during which insurance coverage is available will help close the disparity in the maternal morbidity and mortality rate, improve access for preventive services and comprehensive care for chronic conditions, including behavioral health, and accordingly, improve the overall health outcomes among Black women and women of other races.

Bill Text

What changed in the latest version

66 added · 20 removed

Plain-language change summary

The updated version of HB 234 now specifies that the Department of Health and Social Services will seek approval to extend Medicaid postpartum coverage to 12 months under the American Rescue Plan Act of 2021. This change clarifies the approach for providing this crucial support to new mothers. Additionally, it removes the requirement for the act to take effect based on public health emergency conditions related to COVID-19. This matters because it ensures that the extension of Medicaid coverage is clear and accessible for new mothers, promoting better health outcomes.

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Minor-Brown Reps.
Minor-Brown & Sen.
Baumbach, Heffernan, K.
Pinkney & Sen.
Townsend & Sen.
S.
McBride & Sen.
Brown & Sen.
Lockman Reps.
Baumbach, Bolden, Heffernan, K.
Williams, Wilson-Anton HOUSE OF REPRESENTATIVES 151st GENERAL ASSEMBLY HOUSE AMENDMENT NO.
Williams, Wilson-Anton;
1 TO HOUSE BILL NO.
Sens.
234 AMEND House Bill No.
Bonini, Ennis, Gay, Hansen, Hocker, Lawson, Lopez, Mantzavinos, Paradee, Pettyjohn, Poore, Richardson, Sokola, Sturgeon, Walsh, Wilson HOUSE OF REPRESENTATIVES 151st GENERAL ASSEMBLY HOUSE BILL NO.
234 by deleting line 24 through 37 in their entirety and inserting in lieu thereof the following:
234 AN ACT TO AMEND TITLE 31 RELATED TO EXTENSION OF MEDICAID COVERAGE THROUGH THE FIRST YEAR POSTPARTUM.
“(3) The Department, Division of Medicaid and Medical Assistance shall seek approval from the Centers for Medicare and Medicaid Services, within the United States Department of Health and Human Services to extend Medicaid postpartum coverage to 12 months through the state plan amendment option created by the American Rescue Plan Act of 2021.”.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
SYNOPSIS This Amendment revises the method by which the Department of Health and Social Services shall extend Medicaid postpartum coverage clarifying that it is extended to 12 months via the state plan amendment option created by the American Rescue Plan Act of 2021.
Section 1.
This Amendment also strikes Section 2, which made the Act effective upon enactment with respect to continuation of comprehensive coverage for postpartum patients as determined through the Renewal of the Determination that a Public Health Emergency exists as a result of the continued consequences of the COVID-19 pandemic.
Amend Chapter 5 of Title 31 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 503.
Eligibility for assistance;
amount;
method of payment.
(a) Anti-fraud.
— Assistance shall not be granted under this chapter to any person or family otherwise eligible for assistance under the categories described in § 505 of this title, having conveyed or transferred real or personal property of a value of $500 or more without fair consideration within 2 years preceding the date of application for assistance or subsequently while receiving assistance, or to any person who is an inmate of any public institution (except as a patient in a medical institution).
(b) Medicaid.
— (1) Medical assistance may be granted to medically and financially eligible persons in accordance with Titles IV-A, IV-E, XVI, and XIX of the Social Security Act (42 U.S.C.
§§ 601 et seq., 1381 et seq., and 1396 et seq.), federally approved waivers of these sections of the act, and rules and regulations established by the Department of Health and Social Services.
Eligibility for and payment of medical assistance must be determined under policies and regulations established by the Department of Health and Social Services.
Eligibility standards, recipient copay, and provider reimbursement must be set in accordance with state and federal mandates, state and federal funding levels, approved waivers, and rules and regulations established by the Department.
The amount of assistance in each case of medical care must not duplicate any other coverage or payment made or available for the costs of such health services and supplies.
To the extent permitted by federal requirements, no annual or lifetime numerical limitations may be placed on physical therapy or chiropractic care visits that are for the purpose of treating back pain.
(2) a.
Except as otherwise provided in paragraph (b)(2)b.
of this section, the amount of assistance provided to an adult recipient for dental care must not exceed $1,000 per year.
JMP :
KK :
MAW Page 1 of 1 Released:
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06/08/2021 11:38 AM b.
The Department may establish a review process through which extra benefit dollars, not exceeding an additional $1,500 per adult recipient, may be authorized on an emergency basis for dental care treatments.
c.
All payments for dental care treatments are subject to a $3 copay for adult recipients.
(3) a.
Postpartum services for assistance provided to pregnant women shall include comprehensive medical care and other health care services required under existing law for at least 12 months after the end of pregnancy and for any remaining days in the month in which the 365 day falls without regard to any change in the income of the family that includes the pregnant woman, even if such change would otherwise rendered her ineligible for medical assistance.
b.
Show all 54 changed rows (14 more)
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The Department, Division of Medicaid and Medical Assistance shall seek approval from the Centers for Medicare and Medicaid Services, within the United States Department of Health and Human Services, through a request for a State Plan Amendment, of the requirement that all health policies offered through the State’s Medicaid program cover health care services for pregnant women for at least 12 months after the end of pregnancy.
Section 2.
This Act takes effect upon enactment with respect to continuation of comprehensive coverage for postpartum patients as determined through the Renewal of the Determination that a Public Health Emergency Exists as a result of the continued consequences of the Coronavirus Disease 2019 (COVID-19) pandemic.
In the event that the Determination that a Public Health Emergency Exists as a consequence of the Coronavirus Disease 2019 (COVID-19) is not renewed, coverage will continue at State expense until the State Plan Amendment is approved.
SYNOPSIS This Act requires the Department of Health and Social Services, Division of Medicaid and Medical Assistance to take the necessary steps to expand Medicaid coverage to pregnant women from the current coverage of 60-days from the end of pregnancy under federal Medicaid regulations to 12 months from the end of pregnancy.
As a consequence of the COVID-19 pandemic, pregnant women receiving Medicaid benefits cannot be dropped so comprehensive medical care and other health care services have continued beyond 60 days until 12 months after the end of pregnancy by virtue of the federal Determination that a Public Health Emergency Exists.
This Act would continue that coverage after the Determination is not renewed.
In the event that coverage under the Determination ends before the State Plan Amendment is approved, the State will be obligated to provide the cost of coverage for services provided to pregnant women during the period from 60 days until 12 months after pregnancy ends.
Insurance coverage is a critical factor in determining women’s access to affordable postpartum care and is a key strategy for reducing preventable maternal mortality.
Extending the period postpartum during which insurance coverage is available will help close the disparity in the maternal morbidity and mortality rate, improve access for preventive services and comprehensive care for chronic conditions, including behavioral health, and accordingly, improve the overall health outcomes among Black women and women of other races.
HD :
KK :
MAW Page 2 of 2 Released:
06/08/2021 11:38 AM 2141510253
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Action History

  1. Signed by Governor

  2. Passed By Senate. Votes: 21 YES

  3. Reported Out of Committee (Finance) in Senate with 2 Favorable, 2 On Its Merits

  4. Assigned to Finance Committee in Senate

  5. Reported Out of Committee (Health & Social Services) in Senate with 4 Favorable, 2 On Its Merits

  6. Assigned to Health & Social Services Committee in Senate

  7. Passed By House. Votes: 39 YES 2 ABSENT

  8. Amendment HA 1 to HB 234 - Passed In House by Voice Vote

  9. Amendment HA 1 to HB 234 - Introduced and Placed With Bill

  10. Reported Out of Committee (Appropriations) in House with 3 Favorable, 2 On Its Merits

  11. Assigned to Appropriations Committee in House

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

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

Sponsors

Sponsorship breakdown

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6 sponsors · 27 co-sponsors · 29 not signed on

Sponsors (6)

Co-sponsors (27)

Not signed on (29)

29 members have not signed on to this bill.

Show all 29 →

"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 39 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 11002
Democratic 16000
Republican 12000
Total 39002
% of votes cast 95%0%0%5%
How each member voted (41)
Member Party Vote
Andria L. Bennett — Yea
Charles "Bud" M. Freel — Yea
David Bentz — Yea
John A. Kowalko — Yea
John L. Mitchell — Not Voting
Michael Ramone — Yea
Paul S. Baumbach — Yea
Peter C. Schwartzkopf — Yea
Ruth Briggs King — Not Voting
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

healthcare health-insurance
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 HB 234 do?
This Act requires the Department of Health and Social Services, Division of Medicaid and Medical Assistance to take the necessary steps to expand Medicaid coverage to pregnant women from the current coverage of 60-days from the end of pregnancy under federal Medicaid regulations to 12 months from the end of pregnancy. As a consequence of the COVID-19 pandemic, pregnant women receiving Medicaid benefits cannot be dropped so comprehensive medical care and other health care services have continued beyond 60 days until 12 months after the end of pregnancy by virtue of the federal Determination that a Public Health Emergency Exists. This Act would continue that coverage after the Determination is not renewed. In the event that coverage under the Determination ends before the State Plan Amendment is approved, the State will be obligated to provide the cost of coverage for services provided to pregnant women during the period from 60 days until 12 months after pregnancy ends. Insurance coverage is a critical factor in determining women’s access to affordable postpartum care and is a key strategy for reducing preventable maternal mortality. Extending the period postpartum during which insurance coverage is available will help close the disparity in the maternal morbidity and mortality rate, improve access for preventive services and comprehensive care for chronic conditions, including behavioral health, and accordingly, improve the overall health outcomes among Black women and women of other races.
Who sponsors HB 234?
HB 234 is sponsored by Melissa Minor-Brown (Democratic), Marie Pinkney (Democratic), Bryan Townsend (Democratic), Darius J. Brown (Democratic), S. Elizabeth Lockman (Democratic), Stephanie L. Hansen (Democratic), Gerald W. Hocker (Republican), Dave G. Lawson (Republican), Spiros Mantzavinos (Democratic), Trey Paradee (Democratic), Brian Pettyjohn (Republican), Nicole Poore (Democratic), Bryant L. Richardson (Republican), David P. Sokola (Democratic), Laura V. Sturgeon (Democratic), John "Jack" Walsh (Democratic), David L. Wilson (Republican), Debra Heffernan (Democratic), Kendra Johnson (Democratic), Sherae'a Moore (Democratic), Eric Morrison (Democratic), Michael F. Smith (Republican), Kimberly Williams (Democratic), Madinah Wilson-Anton (Democratic), Kyle Evans Gay, Bruce C. Ennis, Colin Bonini, Sarah McBride, Stephanie T. Bolden (Democratic), Valerie Longhurst, John A. Kowalko, Paul S. Baumbach, and Ernesto B Lopez.
What is the current status of HB 234?
This bill has been enacted into law. Introduced June 08, 2021. Enacted.
Where can I track HB 234?
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