AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO CERTIFICATE OF PUBLIC REVIEW.

New equipment review rules for Delaware providers

Delaware removes the definition of major medical equipment and the automatic state review requirement for acquiring it. The law also removes the Board's equipment-specific power to grant exemptions. Equipment purchases still require a Certificate of Public Review when they meet other review rules. Review applies to facility capital spending above $5.8 million, or a higher threshold the Board sets through annual inflation adjustments. These adjustments use a U.S. Bureau of Labor Statistics index. Building, developing, or establishing a health-care facility, or acquiring a nonprofit facility, requires review regardless of cost. Capital spending to construct, develop, or establish a medical office building is exempt. Leases, similar arrangements, and donations count as capital spending when purchasing the same property would require review. The Board can exempt necessary building maintenance unrelated to direct patient care after receiving a Notice of Intent and requested information. Review also remains required for bed-capacity changes exceeding 10 beds or 10% of licensed capacity, whichever is less, over two years. The law does not specify changes to household costs or access.