Delaware 152nd General Assembly (2023-2024) Status: Passed House Bipartisan · 20 D · 10 R cosponsors

HB 281 — AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO STATE HEALTH CARE INSURANCE.

Last action — Enact w/o Sign by Governor

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

This bill died with 152nd General Assembly (2023-2024). It reached “Passed House” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

This Act repeals the option of providing health care insurance to state pensioners under Medicare part C, known as a Medicare Advantage Plan. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. This Act is known as "The Delaware Medicare Supplement Selection Act".

Bill Text

What changed in the latest version

70 added · 40 removed

70 line(s) added, 40 removed.

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Baumbach HOUSE OF REPRESENTATIVES 152nd GENERAL ASSEMBLY HOUSE AMENDMENT NO.
Baumbach & Rep.
3 TO HOUSE BILL NO.
Minor-Brown & Rep.
281 AMEND House Bill No.
Carson & Rep.
281 on line 39 by inserting “(1)” between “(b)” and “The” therein.
Dorsey Walker & Rep.
FURTHER AMEND House Bill No.
Ramone & Rep.
281 on line 40 by deleting “(1)” before “Regular” and inserting in lieu thereof “a.”.
Harris & Sen.
FURTHER AMEND House Bill No.
Townsend & Sen.
281 on line 41 by deleting “(2)” before “Employees” and inserting in lieu thereof “b.”.
Pettyjohn Reps.
FURTHER AMEND House Bill No.
Bolden, Bush, Chukwuocha, Cooke, Dukes, Gray, Griffith, Heffernan, Hensley, Hilovsky, Jones Giltner, Lambert, Longhurst, Lynn, Morris, Morrison, Neal, Parker Selby, Phillips, Postles, Romer, Michael Smith, Spiegelman, Vanderwende, Wilson-Anton;
281 on line 44 by deleting “(3)” before “A” and inserting in lieu thereof “c.”.
Sens.
FURTHER AMEND House Bill No.
Buckson, Gay, Hocker, Hoffner, Huxtable, Lawson, Lockman, Mantzavinos, S.
281 between lines 45 and 46 by inserting the following:
McBride, Paradee, Pinkney, Poore, Richardson, Sokola, Sturgeon, Wilson HOUSE OF REPRESENTATIVES 152nd GENERAL ASSEMBLY HOUSE BILL NO.
“(2) In addition to a plan under paragraph (b)(1)c.
281 AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO STATE HEALTH CARE INSURANCE.
of this section, the coverage may include a plan under Medicare part C for eligible pensioners entitled to services, rights, or benefits under the federal Medicare Program if all of the following apply to the plan:
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
a.
Section 1.
The plan is only for eligible pensioners first hired on or after January 1, 2025.
Amend § 5202, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 5202.
Payment of premium or subscription charge.
(d) For the purposes of this chapter, eligible employees who were each first employed as a regular officer or employee by the State on or before December 31, 2011, a husband and wife and legally married on or before December 31, 2011, may each qualify as a regular officer, employee employee, or eligible pensioner of the State.
In the case where 2 members of a family qualify, the following options are set forth:
as follows:
(4) Effective July 1, 2012, to December 31, 2017, if the 2 employees enroll under an employee and spouse or family contract, there shall be a $25 per month charge to the employee who enrolls for the coverage.
If the employees choose to enroll in separate plans, employee only and employee and children contracts, either the employee cost share premium or a $25 per month charge shall apply to both contracts, whichever is less.
If employee and spouse are eligible pensioners where 1 or both retire on or after July 1, 2012, and before July 1, 2017, only 1 $25 per month charge shall apply when separate contracts are required for a Medicare Advantage Supplement Plan.
(5) Effective January 1, 2018, if the 2 employees or non-Medicare pensioners enroll under an employee and spouse or family contract, the employee or non-Medicare pensioner who enrolls for the coverage shall be charged 50 percent 50% of the employee or non-Medicare pensioner cost share premium per month, or $25 per month, whichever is greater.
If the employees or non-Medicare pensioners choose to enroll in separate plans, employee only and employee and children contracts, each employee or non-Medicare pensioner shall be charged 50 percent 50% of the employee or non-Medicare cost share premium per month, or $25 per month, whichever is greater for the plans chosen.
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If both spouses are eligible pensioners and 1 is not yet Medicare eligible, the non-Medicare pensioner will enroll under a pensioner only or pensioner and children contract and the Medicare pensioner will enroll in the Medicare Advantage Supplement Plan.
The non-Medicare pensioner shall be charged 50 percent 50% of the cost share premium, or $25 per month, whichever is greater.
Each eligible pensioner can choose whether to enroll in a plan under paragraph (b)(1)c.
If 1 spouse is a regular officer or employee and 1 spouse is a Medicare eligible pensioner, the regular officer or employee who enrolls for employee and spouse or family coverage shall be charged 50 percent 50% of the employee cost share premium.
of this section or the plan under this paragraph (b)(2).
If the employee and Medicare eligible spouse choose to enroll in separate plans, each employee and Medicare eligible pensioner shall be charged 50 percent 50% of the employee and Medicare Advantage Supplement Plan cost share premium per month, or $25 per month, whichever is greater for the plans chosen.
If the existing coverage under this section does not include a Medicare part C plan, the State Employee Benefits Committee must select and adopt the plan as a regulation under the Administrative Procedures Act, Chapter 101 of this title.”.
If both spouses are Medicare eligible and 1 or both retired on or after July 1, 2017, only 1 50 percent pensioner only, one 50% cost share premium or $25 per month premium, month, whichever is greater, shall apply when separate contracts are required for a Medicare Advantage Supplement Plan.
FURTHER AMEND House Bill No.
d.
281 after line 46 by inserting the following:
If both spouses are Medicare eligible and both retired after July 1, 2012, and before July 1, 2017, each Medicare eligible pensioner shall be charged $25 per month premium when separate contracts are required for a Medicare Advantage Supplement Plan.
“Section 4.
Section 2.
“(2) In addition to a plan under paragraph (b)(1)c.
(b) The plan shall be for regular all of the following:
of this section, the coverage may include a plan under Medicare part C for eligible pensioners entitled to services, rights, or benefits under the federal Medicare Program if all of the following apply to the plan:
(1) Regular employees and eligible pensioners under 65 years of age and for employees age.
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(2) Employees and eligible pensioners over 65 years of age or over who are not entitled to services, rights rights, or benefits under the federal Medicare Program (U.S.
Public Law 89-97, as amended) [42 U.S.C.
§ 1395 et seq.];
Program, 42 U.S.C.
§ 1395 et seq.
and a (3) A plan which is supplemental to Medicare parts A and B, or constructed as a plan under Medicare part C, B for eligible pensioners entitled to services, rights rights, or benefits under the federal Medicare Program.
Section 3.
This Act is known as "The Delaware Medicare Supplement Selection Act".
SYNOPSIS This Act repeals the option of providing health care insurance to state pensioners under Medicare part C, known as a Medicare Advantage Plan.
This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
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01/03/2024 04:20 PM This Act is known as "The Delaware Medicare Supplement Selection Act".
If the existing coverage under this section does not include a Medicare part C plan, the State Employee Benefits Committee must select and adopt the plan under § 9602(d) of this title and as a regulation under the Administrative Procedures Act, Chapter 101 of this title.
Section 5.
If House Bill No.
282 is enacted into law, Section 4 of this Act takes effect January 2, 2025.
Section 6.
If House Bill No.
282 is not enacted into law, Section 4 of this Act does not take effect.”.
SYNOPSIS This Amendment allows a plan under Medicare part C, a Medicare Advantage Plan, as an option for eligible pensioners who are first hired on or after January 1, 2025, if the plan is initially selected and adopted by the State Employee Benefits Committee (SEBC) as a regulation under the Administrative Procedures Act.
In addition, Sections 4 and 5 of this Amendment add, by reference, the procedural requirements added to § 9602(d) of Title 29 if House Bill No.
282 (152nd) is enacted.
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Action History

  1. Enact w/o Sign by Governor

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

  3. Passed By Senate. Votes: 20 YES 1 ABSENT

  4. Amendment SA 1 to HB 281 - Passed By Senate. Votes: 20 YES 1 ABSENT

  5. Amendment SA 1 to HB 281 - Introduced and Placed With Bill

  6. Reported Out of Committee (Executive) in Senate with 7 On Its Merits

  7. Assigned to Executive Committee in Senate

  8. Passed By House. Votes: 40 YES 1 ABSENT

  9. Amendment HA 3 to HB 281 - Passed In House by Voice Vote

  10. Amendment HA 2 to HB 281 - Stricken in House

  11. Amendment HA 1 to HB 281 - Stricken in House

  12. Amendment HA 3 to HB 281 - Introduced and Placed With Bill

  13. Reported Out of Committee (Administration) in House with 1 Favorable, 4 On Its Merits

  14. Amendment HA 2 to HB 281 - Introduced and Placed With Bill

  15. Amendment HA 1 to HB 281 - Introduced and Placed With Bill

  16. Introduced and Assigned to Administration Committee in House

Sponsors

Sponsorship breakdown

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37 sponsors · 0 co-sponsors · 32 not signed on

Co-sponsors (0)

None.

Not signed on (32)

32 members have not signed on to this bill.

Show all 32 →

"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 39 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Democratic 18002
Unaffiliated 7000
Republican 14000
Total 39002
% of votes cast 95%0%0%5%
How each member voted (41)
Member Party Vote
Michael Ramone — Yea
Paul S. Baumbach — Yea
Peter C. Schwartzkopf — Yea
Sean Matthews — Yea
Sherry Dorsey Walker — Yea
Stell Parker Selby — Yea
Valerie Longhurst — Yea
Cyndie Romer Democratic Yea
DeShanna U Neal Democratic Yea
Debra Heffernan Democratic Yea
Edward S. Osienski Democratic Yea
Eric Morrison Democratic Not Voting
Franklin D. Cooke Democratic Yea
Kendra Johnson Democratic Yea
Kerri Evelyn Harris 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
Sophie Phillips Democratic Yea
Stephanie T. Bolden Democratic Yea
William Bush Democratic Yea
William J. Carson Democratic Not Voting
Bryan W. Shupe Republican Yea
Charles S Postles Jr. Republican Yea
Daniel B. Short Republican Yea
Jeff Hilovsky 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
Valerie Jones Giltner Republican Yea

Official roll call →

SM

Passed 20 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 13000
Republican 5001
Unaffiliated 2000
Total 20001
% of votes cast 95%0%0%5%
How each member voted (21)
Member Party Vote
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
Kyra L. Hoffner Democratic Yea
Laura V. Sturgeon Democratic Yea
Marie Pinkney Democratic Yea
Nicole Poore Democratic Yea
Russell Huxtable 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 Not Voting
David L. Wilson Republican Yea
Eric Buckson Republican Yea
Gerald W. Hocker Republican Yea

Official roll call →

SM

Passed 40 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 7000
Democratic 19001
Republican 14000
Total 40001
% of votes cast 98%0%0%2%
How each member voted (41)
Member Party Vote
Michael Ramone — Yea
Paul S. Baumbach — Yea
Peter C. Schwartzkopf — Yea
Sean Matthews — Yea
Sherry Dorsey Walker — Yea
Stell Parker Selby — Yea
Valerie Longhurst — Yea
Cyndie Romer Democratic Yea
DeShanna U Neal Democratic Yea
Debra Heffernan Democratic Yea
Edward S. Osienski Democratic Yea
Eric Morrison Democratic Yea
Franklin D. Cooke Democratic Yea
Kendra Johnson Democratic Yea
Kerri Evelyn Harris 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 Not Voting
Sean M. Lynn Democratic Yea
Sherae'a Moore Democratic Yea
Sophie Phillips 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
Jeff Hilovsky 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
Valerie Jones Giltner Republican Yea

Official roll call →

Subjects

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 281 do?
This Act repeals the option of providing health care insurance to state pensioners under Medicare part C, known as a Medicare Advantage Plan. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. This Act is known as "The Delaware Medicare Supplement Selection Act".
Who sponsors HB 281?
HB 281 is sponsored by Stell Parker Selby, David P. Sokola (Democratic), Bryant L. Richardson (Republican), S. Elizabeth Lockman (Democratic), Kendra Johnson (Democratic), Madinah Wilson-Anton (Democratic), Jesse R. Vanderwende (Republican), Michael F. Smith (Republican), Cyndie Romer (Democratic), Charles S Postles Jr. (Republican), David L. Wilson (Republican), Marie Pinkney (Democratic), Eric Morrison (Democratic), Shannon Morris (Republican), Sean M. Lynn (Democratic), Spiros Mantzavinos (Democratic), Valerie Jones Giltner (Republican), Laura V. Sturgeon (Democratic), John "Jack" Walsh (Democratic), Russell Huxtable (Democratic), Nicole Poore (Democratic), Ronald E. Gray (Republican), Timothy D. Dukes (Republican), Franklin D. Cooke (Democratic), William Bush (Democratic), Darius J. Brown (Democratic), Brian Pettyjohn (Republican), Bryan Townsend (Democratic), Kerri Evelyn Harris (Democratic), William J. Carson (Democratic), Trey Paradee (Democratic), Paul S. Baumbach, Michael Ramone, Sarah McBride, Sherry Dorsey Walker, Valerie Longhurst, and Peter C. Schwartzkopf.
What is the current status of HB 281?
This bill died with 152nd General Assembly (2023-2024). It reached “Passed House” 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 HB 281?
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