Title 29 — State Government

§ 5124. Unpaid leaves of absence. (a) An unpaid leave of absence may not be granted to a state employee for the purpose of serving a term of incarceration imposed upon the employee after a conviction as defined in § 222(3) of Title 11. (b) The term “state employee” means an emplo…

§ 5125. Bereavement leave. (a) Definitions. — (1) “Miscarriage” means a loss of pregnancy prior to 20 weeks gestation. (2) “Other loss” includes a diagnosis that negatively impacts pregnancy and loss of pregnancy including termination regardless if medically necessary. (3) “State…

§ 5126. Compassionate leave. (a) For purposes of this section: (1) “Immediate family” means the employee’s spouse or domestic partner; parent, stepparent or child of the employee, spouse or domestic partner; employee’s grandparent or grandchild; employee’s sibling; or any minor c…

§ 5201. Definitions. For purposes of this chapter: (1) “Chronic care management” means the services in the Chronic Care Management Services Program, as administered by the Centers for Medicare and Medicaid Services, and includes Current Procedural Terminology (“CPT”) codes 99487,…

§ 5202. Payment of premium; maximum state share; proration ratio. (a) (1) The maximum state share for a regular officer or employee and for an eligible spouse and child dependents who are not eligible for Medicare is as follows: a. Ninety-six percent of the premium for the basic …

§ 5203. Specifications of the coverage. (a) The basic health care insurance plan for state employees shall be equivalent to the “minimum creditable coverage” as defined by applicable federal law and include coverage for contraceptive methods under § 5203A of this title. (b) (1) T…

§ 5203A. Insurance coverage for contraceptive methods. (a) The plan shall provide coverage for contraceptive methods that includes all of the following: (1) All FDA-approved contraceptive drugs, devices, and other products as follows: a. If the FDA has approved 1 or more therapeu…

§ 5204. Selection of the group insurance carrier. (a) The health-care insurance coverage shall be provided through a carrier incorporated under the laws of this State or legally authorized to transact business within this State, having adequate servicing facilities to carry out t…

§ 5205. Duties of State Insurance Commissioner [Repealed]. Repealed by 69 Del. Laws, c. 64, § 68, effective July 1, 1993.

§ 5206. Duties of State Treasurer. Upon written authorization the State Treasurer shall withhold from the employee’s salary or eligible pensioner’s benefits such sums as are necessary for the payment of premium or subscription charges for the optional supplemental or extended ben…

§ 5207. Temporary employees. Any person not a “regular officer or employee” but employed by a state agency and who works the regularly scheduled full-time hours of the employing agency or at least 30 or more hours per week or 130 hours per month (with allowable interruptions) sha…

§ 5208. Employees of labor organizations. Any labor organization representing the state employees may elect to participate in the health-care insurance plans provided by the provisions of this chapter for their regularly scheduled full-time regular employees who work in the State…

§ 5209. Employees of Delaware authorities or commissions. (a) Any Delaware authority or commission may elect to participate in the health-care insurance plans provided by the provisions of this chapter for regularly scheduled full-time employees. The full cost of such coverage sh…

§ 5210. Authority and duties of the State Employee Benefits Committee [For application of this section, see 85 Del. Laws, c. 176, § 4]. The State Employee Benefits Committee established by § 9602 of this title shall have the following powers, duties and functions under this chapt…

§ 5211. Coverage for treatment of pediatric autoimmune neuropsychiatric disorders associated with streptococcal infections and pediatric acute onset neuropsychiatric syndrome. The plan shall provide coverage for treatment of pediatric autoimmune neuropsychiatric disorders associa…

§ 5212. Cost sharing in prescription insulin drugs. (a) For purposes of this section, “prescription insulin drug” means a drug containing insulin that is dispensed under Chapter 47 of Title 16 for the treatment of diabetes. (b) The plan must provide coverage for prescription insu…

§ 5213. Coverage for epinephrine autoinjectors. (a) For purposes of this section, “epinephrine autoinjector” means a single-use device used for the automatic injection of a premeasured dose of epinephrine into the human body. (b) The plan shall provide coverage for medically-nece…

§ 5214. Coverage for insulin pumps. (a) For purposes of this section, “insulin pump” means a small, portable medical device that is approved by the U.S. Food and Drug Administration to provide continuous subcutaneous insulin infusion. (b) The plan shall provide coverage for a med…

§ 5215. Annual behavioral health well check. (a) As used in this section “Behavioral health well check” means a predeductible annual visit with a licensed mental health clinician with at minimum a masters level degree. The well check must include but is not limited to a review of…

§ 5216. Cost sharing in diabetes equipment and supplies. (a) For purposes of this section, “diabetes equipment and supplies” means blood glucose meters and strips, urine testing strips, syringes, continuous glucose monitors and supplies, and insulin pump supplies. (b) The plan fo…

§ 5217. Supplemental and diagnostic breast examinations [For application of this section, see 84 Del. Laws, c. 121, § 5]. (a) As used in this section: (1) “Breast magnetic resonance imaging” or “breast MRI” means a diagnostic tool, including standard and abbreviated breast MRI, t…

§ 5218. Coverage for allergenic protein dietary supplements [For application of this section, see 84 Del. Laws, c. 376, § 5]. (a) For purposes of this section: (1) “Dietary supplement” means as defined in the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 321. (2) “Early egg a…

§ 5219. Services related to the termination of pregnancy. The plan shall provide coverage for services related to the termination of pregnancy. Such coverage may not be subject to any deductible, coinsurance, copayment, or any other cost-sharing requirement and must cover the ful…

§ 5220. Pharmacist services reimbursement [For application of this section, see 85 Del. Laws, c. 253, § 23]. (a) The plan must provide reimbursement to a pharmacist for a service or procedure at a rate not less than that provided to other nonphysician practitioners if the service…

§ 5221. Mammogram coverage. The plan shall provide coverage for annual mammograms for the purpose of early detection for a woman 40 years of age or older, with or without referral from the woman’s health-care provider. 84 Del. Laws, c. 483, § 3;

§ 5222. 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 mor…

§ 5223. 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 procedu…

§ 5251. Definitions. As used in this chapter: (1) “Carrier” means the disability insurance company selected pursuant to § 5254 of this title. (2) “Committee” means the State Employee Benefits Committee as established by § 9602 of this title. (3) “Creditable compensation” means th…

§ 5252. Payment of premium or subscription charges. The State shall pay all premium or subscription charges for the full cost of providing coverage for the Disability Insurance Program.75 Del. Laws, c. 191, § 1;

§ 5253. Specifications of the coverage. (a) Participating employees shall be eligible to utilize earned sick leave for absences due to accident, illness, or injury, or parental leave, if eligible upon the birth of a child, for periods before disability benefits commence under thi…

§ 5254. Selection of the group disability insurance carrier. Disability insurance coverage pursuant to this chapter may be provided and/or administered by an insurance carrier licensed under the laws of this State. The carrier shall be selected by a vote of the Committee, and leg…

§ 5255. Disability program design and administration. The carrier selected pursuant to § 5254 of this title may determine the eligibility of a participating employee to receive short-term and/or long-term disability benefits. Such carrier shall also provide short-term and long-te…

§ 5256. Authority and duties of the State Employee Benefits Committee. The State Employee Benefits Committee established by § 9602 of this title shall have the following powers, duties and functions under this chapter: (1) Control and management of the State Employees’ Disability…

§ 5257. Return to work. (a) Once an employee has been determined to have the ability to return to employment by the Committee, the employee will receive the following assistance: (1) Merit employees may be placed in any vacant merit position, for which they qualify, by the Secret…

§ 5258. Appeals. The carrier shall notify a participating employee of its determination of the employee’s eligibility for short-term disability benefits in writing by certified mail, return receipt requested, within 10 days of the carrier’s determination. Within 90 days of the po…

§ 5259. COVID-19 emergency provision [Repealed].82 Del. Laws, c. 266, § 1; repealed by 82 Del. Laws, c. 266, § 1, effective Dec. 30, 2020.;

§ 5280. Definitions. (a) “Board” means the Board of Pension Trustees established by § 8308 of this title. (b) “OPEB Fund” means the Other Post-Employment Benefits Fund established by § 5281 of this title.76 Del. Laws, c. 70, § 1;

§ 5281. Establishment of fund. (a) There shall be established an OPEB Fund, a trust fund, separate and distinct from the funds established under §§ 5541 and 5601 of this title and § 8393 of Title 11, to which state appropriations and other employer contributions shall be deposite…

§ 5282. Management of the OPEB Fund. (a) The Board shall serve as the Board of Trustees for the OPEB Fund, shall adopt a trust agreement for the OPEB Fund (and may amend the trust agreement from time to time), shall take all actions necessary and appropriate to establish and main…

§ 5283. Actuarial valuations. (a) The actuary shall prepare an actuarial valuation of the assets and liabilities of the OPEB Fund as of June 30, each year. On the basis of reasonable actuarial assumptions and tables approved by the Board, the actuary shall determine: (1) The Stat…

§ 5290. Definitions. As used in this chapter: (1) “Carrier” means the supplemental income benefits carrier selected pursuant to § 5292 of this title. (2) “Claims loss ratio” means claims payable as a percentage of premium income, or ratio of incurred losses and loss adjustment ex…

§ 5291. Payment of premium or subscription charges. The participating employee shall pay all premium or subscription charges for the full cost of the supplemental insurance coverage policy, with no premium cost to the State.79 Del. Laws, c. 391, § 1;

§ 5292. Selection of the supplemental income benefits carrier. The carrier shall be licensed in Delaware, selected by a proper vote of the Committee, and have adequate servicing facilities to carry out the terms of the contract as awarded by the Committee. The selected carrier sh…

§ 5293. Supplemental insurance program and design. (a) The type of offered insurance shall be supplemental individual health insurance that is guaranteed renewable. This elective supplemental insurance program will entitle participating employees to receive income indemnity. Acci…

§ 5401. Definitions. As used in this chapter: (1) “Authorized officer” means any official of this State or any of its departments, agencies or other instrumentalities or any of its political subdivisions whose signature to a public security or instrument of payment is required or…

§ 5402. Facsimile signature. (a) Any authorized officer, after filing with the Secretary of State a manual signature certified by the authorized officer under oath, may execute or cause to be executed with a facsimile signature in lieu of a manual signature: (1) Any public securi…

§ 5403. Use of facsimile seal. When the seal of this State or any of its departments, agencies or other instrumentalities or of any of its political subdivisions is required in the execution of a public security or instrument of payment, the authorized officer may cause the seal …

§ 5404. Violation and penalty. Any person who with intent to defraud uses on a public security or an instrument of payment: (1) A facsimile signature, or any reproduction of it, of any authorized officer; or (2) Any facsimile seal, or any reproduction of it, of this State or any …

§ 5405. Uniformity of interpretation. This chapter shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it.29 Del. C. 1953, § 5805; 58 Del. Laws, c. 57.;

§ 5406. Short title. This chapter may be cited as the “Uniform Facsimile Signature of Public Officials Act.”29 Del. C. 1953, § 5806; 58 Del. Laws, c. 57.;