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
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✓Introduced
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✓In Committee
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3Passed House
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4Passed Senate
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5To Executive
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6Enacted
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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 removed70 line(s) added, 40 removed.
Baumbach HOUSE& OFRep. REPRESENTATIVES 152nd GENERAL ASSEMBLY HOUSE AMENDMENT NO.
3Minor-Brown TO& HOUSERep. BILL NO.
281Carson AMEND& HouseRep. Bill No.
281Dorsey onWalker line& 39Rep. by inserting “(1)” between “(b)” and “The” therein.
FURTHERRamone AMEND& HouseRep. Bill No.
281Harris on& lineSen. 40 by deleting “(1)” before “Regular” and inserting in lieu thereof “a.”.
FURTHERTownsend AMEND& HouseSen. Bill No.
281Pettyjohn onReps. line 41 by deleting “(2)” before “Employees” and inserting in lieu thereof “b.”.
FURTHERBolden, AMENDBush, HouseChukwuocha, BillCooke, No.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;
281Sens. on line 44 by deleting “(3)” before “A” and inserting in lieu thereof “c.”.
FURTHERBuckson, AMENDGay, HouseHocker, BillHoffner, No.Huxtable, Lawson, Lockman, Mantzavinos, S.
281McBride, betweenParadee, linesPinkney, 45Poore, andRichardson, 46Sokola, bySturgeon, insertingWilson theHOUSE following:OF REPRESENTATIVES 152nd GENERAL ASSEMBLY HOUSE BILL NO.
“(2)281 InAN additionACT toTO aAMEND planTITLE under29 paragraphOF (b)(1)c.THE DELAWARE CODE RELATING TO STATE HEALTH CARE INSURANCE.
ofBE thisIT section,ENACTED theBY coverageTHE mayGENERAL includeASSEMBLY aOF planTHE underSTATE MedicareOF partDELAWARE: C for eligible pensioners entitled to services, rights, or benefits under the federal Medicare Program if all of the following apply to the plan:
a.Section 1.
TheAmend plan§ is5202, onlyTitle for29 eligibleof pensionersthe firstDelaware hiredCode onby ormaking afterdeletions Januaryas 1,shown 2025.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.
EachIf eligible1 pensionerspouse canis choosea whetherregular toofficer enrollor inemployee and 1 spouse is a planMedicare undereligible paragraphpensioner, (b)(1)c.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.
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 thisthe sectionemployee and Medicare Advantage Supplement Plan cost share premium per month, or the$25 planper undermonth, thiswhichever paragraphis (b)(2).greater for the plans chosen.
If theboth existingspouses coverageare underMedicare thiseligible sectionand does1 notor includeboth aretired Medicareon partor Cafter plan,July the1, State2017, Employeeonly Benefits1 Committee50 mustpercent selectpensioner andonly, adoptone the50% plancost asshare apremium regulationor under$25 theper Administrativemonth Procedurespremium, Act,month, Chapterwhichever 101is ofgreater, thisshall title.”.apply when separate contracts are required for a Medicare Advantage Supplement Plan.
FURTHERd. AMEND House Bill No.
281If both spouses are Medicare eligible and both retired after lineJuly 461, by2012, insertingand thebefore following: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.
“SectionSection 4.2.
“(2)(b) InThe additionplan toshall abe planfor underregular paragraphall (b)(1)c.of the following:
of(1) thisRegular section,employees theand coverage may include a plan under Medicare part C for eligible pensioners entitled to services, rights, or benefits under the65 federalyears Medicare Program if all of theage followingand applyfor toemployees theage. plan:
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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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03/12/202401/03/2024 10:5804:20 AMPM c.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
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Enact w/o Sign by Governor
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Passed By House. Votes: 39 YES 2 ABSENT
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Passed By Senate. Votes: 20 YES 1 ABSENT
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Amendment SA 1 to HB 281 - Passed By Senate. Votes: 20 YES 1 ABSENT
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Amendment SA 1 to HB 281 - Introduced and Placed With Bill
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Reported Out of Committee (Executive) in Senate with 7 On Its Merits
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Assigned to Executive Committee in Senate
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Passed By House. Votes: 40 YES 1 ABSENT
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Amendment HA 3 to HB 281 - Passed In House by Voice Vote
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Amendment HA 2 to HB 281 - Stricken in House
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Amendment HA 1 to HB 281 - Stricken in House
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Amendment HA 3 to HB 281 - Introduced and Placed With Bill
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Reported Out of Committee (Administration) in House with 1 Favorable, 4 On Its Merits
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Amendment HA 2 to HB 281 - Introduced and Placed With Bill
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Amendment HA 1 to HB 281 - Introduced and Placed With Bill
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Introduced and Assigned to Administration Committee in House
Sponsors
- Stell Parker Selby · Primary
- David P. Sokola · Primary
- Bryant L. Richardson · Primary
- S. Elizabeth Lockman · Primary
- Kendra Johnson · Primary
- Madinah Wilson-Anton · Primary
- Jesse R. Vanderwende · Primary
- Michael F. Smith · Primary
- Cyndie Romer · Primary
- Charles S Postles Jr. · Primary
- David L. Wilson · Primary
- Marie Pinkney · Primary
- Eric Morrison · Primary
- Shannon Morris · Primary
- Sean M. Lynn · Primary
- Spiros Mantzavinos · Primary
- Valerie Jones Giltner · Primary
- Laura V. Sturgeon · Primary
- John "Jack" Walsh · Primary
- Russell Huxtable · Primary
- Nicole Poore · Primary
- Ronald E. Gray · Primary
- Timothy D. Dukes · Primary
- Franklin D. Cooke · Primary
- William Bush · Primary
- Darius J. Brown · Primary
- Brian Pettyjohn · Primary
- Bryan Townsend · Primary
- Kerri Evelyn Harris · Primary
- William J. Carson · Primary
- Trey Paradee · Primary
- Paul S. Baumbach · Primary
- Michael Ramone · Primary
- Sarah McBride · Primary
- Sherry Dorsey Walker · Primary
- Valerie Longhurst · Primary
- Peter C. Schwartzkopf · Primary
Sponsorship breakdown
Export CSV (upgrade) →37 sponsors · 0 co-sponsors · 32 not signed on
Sponsors (37)
- 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
- Peter C. Schwartzkopf
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.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 18 | 0 | 0 | 2 |
| Unaffiliated | 7 | 0 | 0 | 0 |
| Republican | 14 | 0 | 0 | 0 |
| Total | 39 | 0 | 0 | 2 |
| % of votes cast | 95% | 0% | 0% | 5% |
How each member voted (41)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 13 | 0 | 0 | 0 |
| Republican | 5 | 0 | 0 | 1 |
| Unaffiliated | 2 | 0 | 0 | 0 |
| Total | 20 | 0 | 0 | 1 |
| % 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 |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 7 | 0 | 0 | 0 |
| Democratic | 19 | 0 | 0 | 1 |
| Republican | 14 | 0 | 0 | 0 |
| Total | 40 | 0 | 0 | 1 |
| % of votes cast | 98% | 0% | 0% | 2% |
How each member voted (41)
Subjects
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?
- Track HB 281 free on One Click Politics — get push/email alerts when it moves.
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