Chapter 16 DAC

101 Regulations Governing the Relief from Disabilities Board 1.0 Purpose. 1.1 To establish rules and regulations for the Relief from Disabilities Board, a forum for persons subject to the disabilities of 18 U.S.C. §§922(d)(4) and (g)(4) and/or of 11 Del.C. §1448(a)(2) because of …

Office of the Secretary 102 Regulations Governing the Destructive Weapon Compensation Program (DWCP) 1.0 Definitions The following words and terms, when used in this regulation, shall have the following meaning unless the context clearly indicates otherwise: " Bump stock " means …

Office of the Secretary 103 Regulations Governing the Delaware Large Capacity Magazine Compensation Program 1.0 Definitions The following words and terms, when used in this regulation, shall have the following meaning: " DSHS " means Delaware Department of Safety and Homeland Sec…

Regulation_ 1048 DEPARTMENT OF HEALTH AND SOCIAL SERVICES Division of Social Services Division of Social Services 11000 Child Care Subsidy Program 11001 Overview of the Child Care Policy Manual The purpose of this manual is to outline the policies governing the Division of Social…

Division of Social Services 13000 Medical Assistance Program Overview 13100 History Of Medicaid 13110 National Perspective In 1933, the Federal Relief Administration made funds available to states to pay for the medical expenses of the unemployed in need of medical care. When the…

Regulation_ 1050 DEPARTMENT OF HEALTH AND SOCIAL SERVICES Division of Social Services Division of Social Services 14000 Medicaid General Eligibility Requirements This section describes the general eligibility requirements for Medicaid. 17 DE Reg. 503 (11/01/13) 14100 General Appl…

Regulation_ 1051 DEPARTMENT OF HEALTH AND SOCIAL SERVICES Division of Social Services Division of Social Services 15000 Family and Community Medicaid Eligibility Groups 15100 Parent/Caretaker Relative Group This section describes the eligibility requirements for the Parent/Careta…

DEPARTMENT OF HEALTH AND SOCIAL Services Division of Social Services 16000 Financial Methodologies - Application of Modified Adjusted Gross Income (MAGI) Methodology This section implements section 1902(e)(14) of the Social Security Act and describes the modified adjusted gross i…

DEPARTMENT OF HEALTH AND SOCIAL SERVICES Division of Social Services 17000 SSI Related Programs 17000 Family and Community Medical Assistance - SSI Related Programs (Repealed) [Repealed, effective August 11, 2019.] 23 DE Reg. 127 (08/01/19) 17100 SSI Beneficiaries Any individual …

DEPARTMENT OF HEALTH AND SOCIAL SERVICES Division of Social Services Division of Social Services 18000 Delaware Healthy Children Program This section describes the eligibility requirements under Delaware’s CHIP program - the Delaware Healthy Children Program (DHCP). The Balanced …

200 In-Building Communications Systems Regulation 1.0 Scope and Purpose 1.1 These rules and regulations ensure the quality of the State’s emergency communications system by maintaining quality in-building communications to prevent “dead zone” areas and helping to protect the citi…

Division of Social Services 2000 Case Processing Procedures 2000 Applying for Assistance 7 CFR 273.2, 45 CFR 206.10, 45 CFR 98.1 (b)(1) An application for assistance allows DSS to determine an applicant's eligibility for benefits. 1. Any individual interested in applying for bene…

DEPARTMENT OF HEALTH AND SOCIAL SERVICES Division of Social Services Division of Social Services 20000 Medicaid Long Term Care 20100 Long Term Care Introduction Programs under Long Term Care (LTC) Medicaid include: • Diamond State Health Plan Plus • Nursing Facility Program • Lon…

2000 Division of Developmental Disabilities Services 2100 Eligibility Criteria 1.0 Purpose The purpose of the 16 DE Admin. Code 2100 Eligibility Criteria is to set forth standards to determine an applicant's eligibility for the Division of Developmental Disabilities Services (DDD…

2101 Agency Appeal Process 1.0 Definitions The following words and terms, when used in this regulation, shall have the following meaning unless the context clearly indicates otherwise: “ Appeal ” means a DDDS internal evidentiary review of a decision by an objective committee ass…

2000 Division of Developmental Disabilities Services 2102 Autism Service Providers 1.0 Purpose Title 18, Sections 3361(f) and 3570A of the Delaware Code require that the Department of Health and Social Services promulgate regulations establishing standards for certifying qualifie…

DEPARTMENT OF HEALTH AND SOCIAL SERVICES Division of Social Services Division of Social Services 25000 Children’s Community Alternative Disability Program (CCADP) This program was formerly known as the Disabled Children’s Program and is based on 42 CFR §435.225. 25050 PURPOSE The…

Division of Social Services 3000 Technical Eligibility for Cash Assistance 3000 Defining Delaware’s Temporary Assistance for Needy Families (TANF) Program Statutory Authority 45 CFR §260.20 The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) modif…

Division of Social Services 30000 Delaware Prescription Assistance Program Revised July 2018 The 149 th General Assembly amended Title 16, Delaware Code, by reinstating Chapter 30B to restore the Delaware Prescription Drug Payment Assistance Program. The purpose of this act is to…

Department of Safety and Homeland security State Bureau of Identification 300 Firearms 301 Firearms Transaction Approval Program Regulations 1.0 Authority and Purpose 1.1 Pursuant to 11 Del.C. §8572(f) , the State Bureau of Identification promulgates this regulation which shall h…

3101 Adult Abuse Registry 1.0 Definitions "Abuse" shall have the same meaning as contained in 16 Del.C. §1131 , and shall include mistreatment, neglect and financial exploitation as defined therein. "Child Care Facility" means any child care facility which is required to be licen…

Division of Health Care Quality 3102 Long Term Care Transfer, Discharge and Readmission Procedures 1.0 Purpose This regulation applies to decisions by licensed facilities to transfer or discharge a resident. It prescribes the process for providing an impartial hearing to a reside…

3105 Criminal History and Drug Testing for Nursing and Similar Facilities 1.0 Legal Basis The legal basis for these regulations is 16 Del.C. §§1141 and 1142 and 29 Del.C. §7972 . 2.0 Purpose The overall purpose of these regulations is to ensure the safety and well-being of reside…

3110 Background Checks and Drug Testing for Programs and Home Care Agencies 1.0 Legal Basis The legal basis for these regulations is 16 Del.C. §§1145 and 1146 and 29 Del.C. §7972 . 16 DE Reg. 978 (03/01/13) 2.0 Purpose The overall purpose of these regulations is to ensure the saf…

Division of Health Care Quality 3201 Skilled and Intermediate Care Nursing Facilities 1.0 Scope 1.1 A Nursing facility (NF) is a residential institution, as defined in 16 Delaware Code , §1102(4) , which provides services to residents which include resident beds, continuous nursi…

Division of Health Care Quality 3210 Nursing Homes Admitting Pediatric Residents 1.0 Purpose 1.1 As set forth in 16 Del.C. , Ch. 11 §1101 : 1.1.1 the primary purpose of the licensing and regulation of nursing facilities and similar facilities is to ensure that these facilities pr…

3215 Training of Paid Feeding Assistants 1.0 Introduction These regulations allow for the use of Paid Feeding Assistants, as single task workers, to provide feeding assistance in nursing facilities and assisted living facilities. To ensure consistency in the training of Feeding A…

Division of Health Care Quality 3220 Training and Qualifications for Certified Nursing Assistants 1.0 Definitions " Activities of Daily Living (ADLs) " means normal daily activities including but not limited to ambulating, transferring, range of motion, grooming, bathing, dressin…

Division of Health Care Quality 3225 Assisted Living Facilities 1.0 Purpose The Department of Health and Social Services is issuing these regulations to promote and ensure the health, safety, and well-being of all residents of assisted living facilities. These regulations are als…

Division of Health Care Quality 3230 Rest (Residential) Home Regulations 1.0 Scope 1.1 "Rest (Residential) Home" is a facility that provides resident beds and personal care services in a homelike environment for persons who are normally able to manage activities of daily living. …

Division of Health Care Quality 3301 Group Home Facilities for Persons with AIDS These regulations are promulgated in accordance with 16 Del.C. Ch. 11 . All facilities must comply with applicable local, state and federal laws and regulations. 1.0 Definition The following regulati…

Division of Health Care Quality 3305 Group Homes for Persons with Mental Illness PART I - STATE APPROVAL 1.0 Purpose The Department is issuing these regulations to promote the health, safety and well-being of all residents of group homes. These regulations are also meant to insur…

Division of Health Care Quality 3310 Neighborhood Homes for Individuals with Intellectual and/or Developmental Disabilities 1.0 Purpose To promote the health, safety and well-being of all individuals living in neighborhood homes and to ensure that the providers are held accountab…

Division of Health Care Quality 3315 Family Care Homes 1.0 Purpose These regulations are developed and promulgated to promote and ensure the health, safety and well-being of all residents of Family Care Homes. These regulations also ensure that Family Care Homes will be responsib…

Division of Health Care Quality 3320 Intensive Behavioral Support and Educational Residence 1.0 Definitions The following words and terms, when used in this regulation, have the following meaning unless the context clearly indicates otherwise: “ Authorized Representative ” means …

Division of Health Care Quality 3325 Financial Capability Reporting 1.0 Authority This regulation is promulgated and adopted pursuant to 29 Del.C. §7971(d) . 2.0 Purpose and Scope 2.1 The purpose of this regulation is to detail the Department of Health and Social Services’ (DHSS)…

Division of Health Care Quality 3330 Regulations Governing Dialysis Centers 1.0 Purpose Delaware Department of Health and Social Services adopts these regulations pursuant to the authority vested by 16 Del.C. §122(3)(aa) . These regulations establish standards with respect to the…

Division of Health Care Quality 3335 Office-Based Surgery 1.0 Purpose Delaware Department of Health and Social Services adopts these regulations pursuant to the authority vested by 16 Del.C. §122(3)(y and z) . These regulations establish standards with respect to the safe and san…

Division of Health Care Quality 3340 Free Standing Emergency Departments 1.0 Purpose Delaware Department of Health and Social Services adopts these regulations pursuant to the authority vested by 16 Del.C. §122(3)p. 2.0 Definitions The following words and terms, when used in this…

Division of Health Care Quality 3345 Personal Assistance Services Agencies 1.0 Definitions The following words and terms, when used in this regulation, should have the following meaning unless the context clearly indicates otherwise: “ Activities of Daily Living ” means the tasks…

Division of Health Care Quality 3350 Skilled Home Health Agencies (Licensure) 1.0 Definitions The following words and terms, when used in this regulation, should have the following meaning unless the context clearly indicates otherwise: “ Activities of daily living ” means the ta…

Division of Health Care Quality 3351 Home Health Agencies--Aide Only (Licensure) 1.0 Definitions The following words and terms, when used in this regulation, should have the following meaning unless the context clearly indicates otherwise: “ Activities of daily living ” means the…

Division of Health Care Quality 3355 Free Standing Surgical Centers 1.0 Purpose Delaware Department of Health and Social Services adopts these regulations pursuant to the authority vested by 16 Del.C. §122(3)(p) . These regulations establish standards with respect to the operatio…

Division of Health Care Quality 3360 Regulations for Adult Day Care Facilities 1.0 Purpose The regulations for Adult Day Care Facilities apply to any program that provides health, social, and related support services as described in these regulations for four or more functionally…

Division of Health Care Quality 3365 Free Standing Birthing Centers 1.0 Definitions 1.1 The following words and terms, when used in this regulation, should have the following meaning unless the context clearly indicates otherwise: “ Acute Postpartum Period ” means a minimum of tw…

Division of Health Care Quality 3370 Hospital Standards (Construction, Maintenance, and Operation) 1.0 General Licensing Requirements and Procedures 1.1 Definitions: The definitions as contained in 16 Del.C. 1001 of the Hospital Licensure Law shall apply to these rules and regula…

Division of Health Care Quality 3375 Prescribed Pediatric Extended Care Centers (PPECC) 1.0 Definitions “Advisory Board” means a group of health care professionals and at least one consumer approved by the PPECC Medical and Nursing Directors to review PPECC policies and procedure…