Title 31, Welfare

§ 536. Mammogram referrals. (a) “Carrier” means any entity that provides health insurance under § 505(3) of this title. (b) Carriers shall provide coverage for an annual mammogram for the purpose of early detection for a woman 40 years of age or older, with or without referral fr…

§ 537. Ovarian cancer screening and monitoring tests [For application of this section, see 84 Del. Laws, c. 488, § 3]. (a) For purposes of this section: (1) “At risk for ovarian cancer” means any of the following: a. Having a family history of any of the following: 1. One or more…

§ 538. Coverage for removal of excess skin and subcutaneous tissue [For application of this section, see 85 Del. Laws, c. 88, § 5]. (a) For purposes of this section: (1) “Medically necessary” means as defined in § 3581 of Title 18. (2) “Panniculectomy” means an operative procedur…

§ 539. Primary care coverage. (a) To the extent consistent with federal law: (1) The entities providing health insurance under § 505(3) of this title shall report data for 2 plan years on the percentage of primary care spend as a percentage of total medical costs, each by July 1 …

§ 540 . Coverage for pre-exposure prophylaxis treatment and post-exposure prophylaxis treatment [For application of this section, see 85 Del. Laws, c. 452, § 5]. (a) As used in this section: (1) “Cost-sharing requirement” includes a deductible, coinsurance, copayment, and out-of-…

§ 541. Certified registered nurse anesthetists [For application of this section, see 85 Del. Laws, c. 455, § 4]. (a) Carriers that provide coverage for a health service that a certified registered nurse anesthetist is licensed to perform under Title 24 shall provide reimbursement…

§ 542. Coverage for diagnostic services and treatment for menopause and perimenopause [For application of this section, see 85 Del. Laws, c. 482, § 5]. (a) As used in this section: (1) “Hormone replacement therapy” means medical treatment, approved by the United States Food and D…

§ 543. Biomarker testing [For application of this section, see 85 Del. Laws, c. 484, § 5]. (a) For purposes of this section: (1) “Biomarker” means a characteristic that is objectively measured and evaluated as an indicator of normal biological processes, pathogenic processes, or …

§ 601. Department of Health and Social Services responsible for administration of program. (a) The Department shall bear the responsibility of administering the food stamp program for the State in compliance with the provisions of the Federal Food Stamp Act of 1964 [7 U.S.C. §§ 2…

§ 602. Federal responsibilities for food stamp program. The United States Department of Agriculture, through its Food and Nutrition Service, shall be responsible for: (1) Program regulations and guidelines; (2) Approval of grocer participation; (3) Cost of printing and shipping c…

§ 603. State responsibilities for food stamp program. The State, through the Department of Health and Social Services, shall budget and/or administer the following facets of the food stamp program: (1) File plan of operation for USDA approval; (2) Certify applicant, individuals a…

§ 604. Misuse of food stamps [Repealed]. Repealed by 68 Del. Laws, c. 386, § 2, effective July 16, 1992.

§ 605. Eligibility for Food Stamp Program. Pursuant to the option granted the State by 21 U.S.C. § 862a(d)(1), an individual convicted under federal or state law of a felony involving possession, distribution or use of a controlled substance shall be exempt from the prohibition c…

§ 610. Unauthorized use, transfer, acquisition, alteration or possession of food stamp coupons, Authorization to Participate Vouchers (ATPS), or access devices; penalties; disqualification from the food stamp program; forfeiture. (a) Whoever knowingly uses, transfers, acquires, a…

§ 611. Forfeiture of property involved in illegal food stamp transactions. (a) The Secretary of the Department of Health and Social Services or the Secretary’s designee may subject to forfeiture and denial of property rights any nonfood items, moneys, negotiable instruments, secu…

§ 612. Definitions. As used in this subchapter: (1) “Access device” means any card, plate, code, account number or other means of access that can be used, alone or in conjunction with another access device, to obtain payments, allotments, benefits, money, goods or other things of…

§ 613. Establishment of a State Law Enforcement Bureau (SLEB). (a) The Department is designated as the State Law Enforcement Bureau (SLEB) for the purpose of coordinating food stamp trafficking interdiction activity in Delaware within the meaning of the United States Department o…

§ 901. Purpose The purpose of this chapter is to provide a time-limited opportunity for employable adults of families who receive Temporary Assistance for Needy Families to earn their public assistance during the time they are receiving such assistance, obtain job skills, develop…

§ 902. Work requirements as to employable recipients of public assistance. Employable persons receiving assistance from the Department of Public Welfare in the categories of general assistance or Temporary Assistance for Needy Families shall be required in accordance with this ch…

§ 903. Application for assignment of assistance recipients. Whenever the governing body of a county, city or town within this State, or the board or executive officer of any state agency or other public agency or public institution or private nonprofit organization, has any work …

§ 904. Assignment of assistance recipients. (a) Upon application as provided for in § 903 of this title, the Department of Public Welfare shall thereupon assign to such work project the required number of employable recipients of assistance according to their availability, provid…

§ 905. Requirements for work projects. (a) Recipients shall be assigned to perform only such work under this chapter as they are able, in the judgment of the Department of Public Welfare, to perform. Such work must serve a useful public purpose. (b) Recipients shall not perform w…

§ 906. Department to establish rules and regulations. The Department of Health and Social Services shall establish such rules and regulations as it deems necessary for the efficient administration of this title and the achievement of the legislative intent expressed in § 901 of t…

§ 907. Workers’ compensation protection. All project workers will be covered under the State Workers’ Compensation Law with adequate protection through private insurance which provides for complete coverage for all workers on all projects, including disability by injury or occupa…

§ 908. Cooperative arrangements with Employment Security Commission of Delaware, State Board of Vocational Education and State Department of Education. The Department of Public Welfare shall enter into cooperative arrangements with the Employment Security Commission of Delaware f…

§ 909. Effect of refusal to work. The Department, as part of its authority pursuant to §§ 503, 512(1), 509 and 518 of this title, may establish sanctions for any assistance recipient who refuses without good cause to report for or to perform that work to which the recipient has b…

§ 910. Adjustments or recovery. Any law to the contrary notwithstanding, no adjustment or recovery shall be made by the State or any political subdivision thereof on account of any payments which are correctly made for work performed under the terms of this chapter.31 Del. C. 195…

§ 911. Job training and placement by nonprofit corporations (a) The Department of Labor is authorized: (1) To refer welfare recipients to nonprofit corporations for training designed to improve employability and for job placement or job referral; and (2) to pay the sum of $500 to…

§ 1001. Legislative intent. The General Assembly finds and declares it to be in the public interest and for the protection of the health and welfare of the residents of the State that proper provisions be instituted to regulate abuses in the payment of funds under the State’s pub…

§ 1002. Definitions. When used in this chapter, the following words shall have the meaning herein defined. To the extent that the terms are not defined herein, the words are to have their commonly accepted meaning. (1) “Department” shall mean the Department of Health and Social S…

§ 1003. Obtaining benefit under false representation. It shall be unlawful for any provider, by means of a false statement or representation, or by concealment of, or failure to disclose any material fact, or by any other fraudulent scheme or device on behalf of the provider or o…

§ 1004. Reports, statements and documents. It shall be unlawful for any provider to: (1) Falsify any report, statement or document required to be filed in connection with any public assistance program; (2) Include in any cost report or reports for reimbursement any amount or item…

§ 1005. Kickback schemes and solicitation. (a) It shall be unlawful for any person to solicit or receive any remuneration (including kickback, bribe or rebate) directly or indirectly, overtly or covertly, in cash or in kind: (1) In return for referring an individual to a provider…

§ 1006. Conversion of payment. It shall be unlawful for any provider to convert any benefit or payment received from any public assistance program for use other than the use and benefit for the person named in the application for assistance.65 Del. Laws, c. 345, § 2;

§ 1007. Penalties. (a) Whoever knowingly violates §§ 1003, 1004(2) and 1006 of this title shall be guilty of a class A misdemeanor; provided, that, where the value of assistance benefits, payments or other property is $500 or more, but less than $10,000, the violator shall be gui…

§ 1008. Civil assessments. (a) Any provider who violates this chapter, in addition to any other penalties provided by law, shall be liable for the following civil penalties: (1) Payment of an amount equal to 3 times the amount of excess payments; and (2) Payment of a civil penalt…

§ 1009. Jurisdiction. The Superior Court shall have original and exclusive jurisdiction over violations of this chapter.65 Del. Laws, c. 345, § 2;

§ 1101. Confidential character of public assistance records; penalties for violations. (a) The several departments, bureaus, commissions and agencies of the State may establish and enforce reasonable rules and regulations governing the custody, use and preservation of the records…

§ 1102. Prohibition against expenditure of moneys or contracting indebtedness above appropriations. No state welfare agency shall expend any state moneys except such moneys as have been appropriated by the General Assembly, nor shall such agencies contract any indebtedness beyond…

§ 1103. Penalties for disposal of goods received from relief units for cash or barter. No person who has received any clothing, food, goods or other merchandise from any welfare agency in this State shall dispose of the same for cash or barter or for any other consideration. Whoe…

§ 1104. Relief or assistance not to be charged against real estate. No agency in this State furnishing relief or assistance to any ill or needy persons in this State shall charge the real estate of such persons with the cost of such relief or assistance so furnished.48 Del. Laws,…

§ 1301. Definitions [Repealed].61 Del. Laws, c. 218, § 1; repealed by 83 Del. Laws, c. 283, § 48, effective Feb. 16, 2022.;

§ 1302. Assistance to displaced homemakers [Repealed].61 Del. Laws, c. 218, § 1; repealed by 83 Del. Laws, c. 283, § 48, effective Feb. 16, 2022.;

§ 1303. Duties of Coordinator [Repealed].61 Del. Laws, c. 218, § 1; 75 Del. Laws, c. 88, § 20(7); 81 Del. Laws, c. 66, § 63; repealed by 83 Del. Laws, c. 283, § 48, effective Feb. 16, 2022.;

§ 1304. State-federal programs [Repealed].61 Del. Laws, c. 218, § 1; repealed by 83 Del. Laws, c. 283, § 48, effective Feb. 16, 2022.;

§ 1501. Statement of purpose. It is the purpose of the Delaware Welfare Employment Program to: (a) Create expanded opportunity for increased personal responsibility and advancement toward economic independence and self-sufficiency by Delaware’s welfare recipients through the acqu…