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DelawareSB 164 w/ SA 1153rd General Assembly (2024–2026)SenateWALLET

AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO WORKERS’ COMPENSATION.

Sponsored By: John "Jack" Walsh (Democratic)

Signed by Governor

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 1 benefits, 0 costs, 2 mixed.

Workers' comp medical payments capped and cut

The law sets a statewide fee schedule for all workers' comp medical services using Medicare-based scales. Total medical spending must drop 20% by Jan 31, 2015, then 5% more by Jan 31, 2016, and 8% more by Jan 31, 2017 (33% total), with equal percentage cuts for hospitals, surgery centers, and other providers. Each service pays the lower of the provider's bill or the fee schedule. By Jan 31, 2017, no single procedure can be paid above 200% of Medicare; radiology is capped at 250% and surgery at 300%. The law also allows a one-time 3% increase to fix Evaluation and Management code payments that fell below CMS rates.

Yearly workers' comp updates with caps

Beginning Jan 1, 2018, payment rates update each year by the CPI-U change. The 200% cap still applies, with radiology up to 250% and surgery up to 300%. The Oversight Panel can cut rates for any procedure without new laws, but cannot raise pay above these caps.

Workers' comp fee rules posted and verified

The state publishes the full workers' comp medical payment system online at no charge at dia.delawareworks.com/workers-comp/ (or its successor). Written copies are available at the Office of Workers' Compensation during business hours. An independent actuary must confirm the fee schedule meets the law. If the panel's schedule is late or noncompliant, the Secretary of Labor issues a compliant schedule by regulation.

Sponsors & Cosponsors

Sponsor

  • John "Jack" Walsh

    Democratic • Senate

Cosponsors

  • Frank Burns

    Democratic • House

  • Jeff Hilovsky

    Republican • House

  • Kyra L. Hoffner

    Democratic • Senate

  • Kendra Johnson

    Democratic • House

  • Larry Lambert

    Democratic • House

  • Spiros Mantzavinos

    Democratic • Senate

  • Edward S. Osienski

    Democratic • House

Roll Call Votes

All Roll Calls

Yes: 59 • No: 0

House vote • 6/26/2025

Passed (SM required)

Yes: 40 • No: 0

Senate vote • 6/12/2025

Passed (SM required)

Yes: 19 • No: 0

Actions Timeline

  1. Signed by Governor

    6/30/2025Governor

  2. Passed By House. Votes: 40 YES 1 VACANT

    6/26/2025House

  3. Reported Out of Committee (Labor) in House with 2 Favorable, 9 On Its Merits

    6/17/2025House

  4. Assigned to Labor Committee in House

    6/12/2025House

  5. Passed By Senate. Votes: 19 YES 2 ABSENT

    6/12/2025Senate

  6. Amendment SA 1 to SB 164 - Passed By Senate. Votes: 19 YES 2 ABSENT

    6/12/2025Senate

  7. Amendment SA 1 to SB 164 - Introduced and Placed With Bill

    6/11/2025Senate

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

    6/11/2025Senate

  9. Introduced and Assigned to Labor Committee in Senate

    5/22/2025Senate

Bill Text

  • Current

    5/22/2025

    HTML

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