Title 16, Health and Safety

§ 1005. Issuance and renewal of license. (a) The Department shall grant an initial license for a period of up to 1 year to a new hospital that completes the application process, submits the nonrefundable application fee of $1,000 plus $2.00 per licensed inpatient bed and $500 for…

§ 1006. Denial or revocation of license, hearings and appeal. (a) The Department shall have the authority to deny, suspend, or revoke a license in any case where it finds that there has been a failure to comply with this chapter or the rules and regulations issued under this chap…

§ 1007. Enforcement. (a) Any person constructing, managing or operating any hospital without a license shall be fined not more than $5,000 for the first offense and not more than $10,000 for each subsequent offense. Each day of a continuing violation shall be considered a separat…

§ 1008. Injunction. Notwithstanding the existence or pursuit of any other remedy, the Department may, in the manner provided by law, maintain an action in the name of the State for injunction or other process against any person to restrain or prevent the construction, maintenance…

§ 1009. Construction. (a) All construction, whether new or renovation, must conform to the design and construction standards established by the Department. (1) A “renovation” is: a. The strengthening or upgrading of building elements, materials, equipment, or fixtures that does n…

§ 1010. Inspections and investigations. (a) The Department shall make or cause to be made such inspections and investigations of a hospital as it may deem necessary. (b) The Department shall accept the survey report of an approved accrediting organization, as defined by regulatio…

§ 1011. Compliance. All hospitals must comply with applicable federal, state, county and local laws and regulations.82 Del. Laws, c. 73, § 1; 84 Del. Laws, c. 476, § 1;

§ 1012. Reportable events. (a) Hospitals must report all major adverse incidents involving a patient to the Department within 10 calendar days. (1) A major adverse incident is a patient safety event (not primarily related to the natural course of the patient’s illness or underlyi…

§ 1013. Designation of hospitals as primary stroke centers. (a) The Secretary of Health and Social Services shall designate as a comprehensive stroke center any acute care hospital within Delaware, or an out-of-state acute care hospital upon request, which has received Advanced C…

§ 1014. Hospital visitation policy. (a) Each hospital shall include in its visitation policy a provision allowing each competent adult patient to receive visits from any individual from whom a patient desires to receive visits, subject to restrictions contained in the visitation …

§ 1015. Confidentiality of proprietary information. Information obtained by the Secretary under this chapter shall be available to the public as provided in Chapter 100 of Title 29, unless the Secretary certifies such information to be proprietary. The Secretary may make such cer…

§ 1016. Standards for levels of neonatal care. (a) For the purposes of this section: (1) “American Academy of Pediatrics” or “AAP” means the largest professional association of pediatricians in the United States. (2) “American Academy of Pediatrics Standards for Levels of Neonata…

§ 1031. Definitions [For application of this section, see 84 Del. Laws, c. 476, § 4]. As used in this subchapter: (1) “CMS” means the Centers for Medicare and Medicaid Services of the United States Department of Health and Human Services. (2) “Commission” means the Hospital Quali…

§ 1032. Hospital quality and health equity assessment; passing on of cost of assessment prohibited [For application of this section, see 84 Del. Laws, c. 476, § 4]. (a) (1) Subject to paragraph (a)(2) of this section and § 1034 of this title, beginning with the initial enactment …

§ 1033. Disposition of revenues remitted; hold harmless prohibited [For application of this section, see 84 Del. Laws, c. 476, § 4]. (a) Revenues remitted to the State in payment of the assessment imposed under § 1032 of this title must, not later than the last day of the month i…

§ 1034. Implementation; authorized modifications; suspension of assessment in certain circumstances [For application of this section, see 84 Del. Laws, c. 476, § 4]. (a) The Department shall seek a waiver, state plan amendment, preprint approval, or any other authorization from C…

§ 1035. Penalties [For application of this section, see 84 Del. Laws, c. 476, § 4]. In addition to the penalties authorized under Chapter 5 of Title 30, if a hospital fails to pay the assessment imposed under § 1032 of this title when due, or a hospital fails to timely prepare an…

§ 1036. Regulatory authority [For application of this section, see 84 Del. Laws, c. 476, § 4]. The Department may adopt regulations to implement, administer, and enforce this subchapter.84 Del. Laws, c. 476, § 2;

§ 1041. Definitions [For application of this section, see 84 Del. Laws, c. 476, § 4]. As used in this subchapter: (1) “CMS” means the Centers for Medicare and Medicaid Services of the United States Department of Health and Human Services. (2) “Commission” means the Hospital Quali…

§ 1042. Hospital Quality and Health Equity Fund establishment and funding [For application of this section, see 84 Del. Laws, c. 476, § 4]. (a) There is established in the State Treasury and in the accounting system of this State a special fund to be known as the “Hospital Qualit…

§ 1043. Use of Fund; payments [For application of this section, see 84 Del. Laws, c. 476, § 4]. (a) Except as otherwise provided under this section, moneys deposited into the Fund must be used by the Department exclusively to secure federal matching funds available through this S…

§ 1044. Additional requirements for use of the Fund [For application of this section, see 84 Del. Laws, c. 476, § 4]. (a) For each fiscal year beginning with the initial enactment period, the Department shall make an additional payment, either as a direct disbursement from the Fu…

§ 1045. Hospital Quality and Health Equity Assessment Commission [For application of this section, see 84 Del. Laws, c. 476, § 4]. (a) Establishment; composition. — The Hospital Quality and Health Equity Assessment Commission is established, consisting of the following members, o…

§ 1046. Regulatory authority [For application of this section, see 84 Del. Laws, c. 476, § 4]. The Department may adopt regulations to implement, administer, and enforce this subchapter.84 Del. Laws, c. 476, § 3;