Title 31 — Welfare
34 chapters · 333 sections in this title.
31 Del. C. § 535. Services related to termination of pregnancy.
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§ 535. Services related to termination of pregnancy. (a) Carriers shall cover services related to the termination of pregnancy up to a maximum of $750 per covered individual per year in all health benefit plans delivered or issued for delivery under § 505(3) of this title. (b) Co…
31 Del. C. § 536. Mammogram referrals.
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§ 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…
31 Del. C. § 537. Ovarian cancer screening and monitoring tests [For application of this section, see 84 Del. Laws, c. 488, § 3].
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§ 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…
31 Del. C. § 538. Coverage for removal of excess skin and subcutaneous tissue [For application of this section, see 85 Del. Laws, c. 88, § 5].
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§ 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…
31 Del. C. § 901. Purpose
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§ 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…
31 Del. C. § 902. Work requirements as to employable recipients of public assistance.
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§ 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…
31 Del. C. § 903. Application for assignment of assistance recipients.
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§ 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 …
31 Del. C. § 904. Assignment of assistance recipients.
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§ 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…
31 Del. C. § 905. Requirements for work projects.
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§ 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…
31 Del. C. § 906. Department to establish rules and regulations.
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§ 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…
31 Del. C. § 907. Workers’ compensation protection.
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§ 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…
31 Del. C. § 908. Cooperative arrangements with Employment Security Commission of Delaware, State Board of Vocational Education and State Department of Education.
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§ 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…
31 Del. C. § 909. Effect of refusal to work.
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§ 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…
31 Del. C. § 910. Adjustments or recovery.
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§ 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…
31 Del. C. § 911. Job training and placement by nonprofit corporations
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§ 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…
31 Del. C. § 1001. Legislative intent.
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§ 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…
31 Del. C. § 1002. Definitions.
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§ 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…
31 Del. C. § 1003. Obtaining benefit under false representation.
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§ 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…
31 Del. C. § 1004. Reports, statements and documents.
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§ 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…
31 Del. C. § 1005. Kickback schemes and solicitation.
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§ 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…
31 Del. C. § 1006. Conversion of payment.
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§ 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;
31 Del. C. § 1007. Penalties.
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§ 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…
31 Del. C. § 1008. Civil assessments.
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§ 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…
31 Del. C. § 1009. Jurisdiction.
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§ 1009. Jurisdiction. The Superior Court shall have original and exclusive jurisdiction over violations of this chapter.65 Del. Laws, c. 345, § 2;
31 Del. C. § 1101. Confidential character of public assistance records; penalties for violations.
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§ 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…
31 Del. C. § 1102. Prohibition against expenditure of moneys or contracting indebtedness above appropriations.
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§ 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…
31 Del. C. § 1103. Penalties for disposal of goods received from relief units for cash or barter.
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§ 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…
31 Del. C. § 1104. Relief or assistance not to be charged against real estate.
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§ 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,…
31 Del. C. § 1301. Definitions [Repealed].
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§ 1301. Definitions [Repealed].61 Del. Laws, c. 218, § 1; repealed by 83 Del. Laws, c. 283, § 48, effective Feb. 16, 2022.;
31 Del. C. § 1302. Assistance to displaced homemakers [Repealed].
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§ 1302. Assistance to displaced homemakers [Repealed].61 Del. Laws, c. 218, § 1; repealed by 83 Del. Laws, c. 283, § 48, effective Feb. 16, 2022.;
31 Del. C. § 1303. Duties of Coordinator [Repealed].
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§ 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.;
31 Del. C. § 1304. State-federal programs [Repealed].
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§ 1304. State-federal programs [Repealed].61 Del. Laws, c. 218, § 1; repealed by 83 Del. Laws, c. 283, § 48, effective Feb. 16, 2022.;
31 Del. C. § 1501. Statement of purpose.
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§ 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…
31 Del. C. § 1502. Establishment of program.
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§ 1502. Establishment of program. (a) The Delaware Welfare Employment Program (the “Program”) is created within the Department of Health and Social Services (the “Department”) as a critical component of the State’s welfare-to-work strategy; provided, however, that the Program sha…
31 Del. C. § 1503. Individual participation in the program.
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§ 1503. Individual participation in the program. (a) Unless otherwise exempted, the following persons may be required by the Department to participate in the program: (1) Adult and caretaker relatives of children who are receiving TANF program benefits; and (2) Unemployed non-car…
31 Del. C. § 1504. Financing
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§ 1504. Financing Within the limit of its appropriations, the Department may expend such portion of the moneys appropriated to it for expenditure by or apportioned to the State for operation of TANF as the Department deems necessary to make maximum advantage of the Program. The D…
31 Del. C. § 1505. Participating employers.
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§ 1505. Participating employers. (a) Any employer subject to the State unemployment insurance tax, or reimbursement in lieu thereof pursuant to § 3345 of Title 19, shall be eligible for assignment of Program participants as temporary employees, but no employer shall be required t…
31 Del. C. § 1506. Participant compensation and benefits.
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§ 1506. Participant compensation and benefits. (a) Participants shall receive the following benefits so long as they satisfactorily participate in the Program: (1) Compensation for their work effort substantially equal to the wage paid for similar jobs in the local economy, with …
31 Del. C. § 1507. Personal Advancement Account.
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§ 1507. Personal Advancement Account. (a) In accordance with rules adopted by the Department, each participant in the Program shall create a Personal Advancement Account in the participant’s name. The account may be held by the employer, by a bank, savings and loan association, o…
31 Del. C. § 1508. Sanctions for refusal to participate.
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§ 1508. Sanctions for refusal to participate. Pursuant to its authority under §§ 512 and 518 of this title, the Department shall establish sanctions for participants who fail to comply with the requirements of the Program.70 Del. Laws, c. 66, § 2;
31 Del. C. § 1509. Committee on Employment and Social Services
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§ 1509. Committee on Employment and Social Services (a) Duties and responsibilities. — (1) The Committee on Employment and Social Services (the “Committee”) is established to assist the Department, DOL, and the WDB to place TANF recipients in unsubsidized private sector jobs, and…
31 Del. C. § 1510. Annual report
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§ 1510. Annual report The Committee shall complete an annual report outlining activities, status and implementation of the State’s efforts to place TANF recipients in private sector jobs, including the Committee’s recommendations for improvements in such efforts. The annual repor…
31 Del. C. § 2101. Definitions.
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§ 2101. Definitions. As used in this chapter: (1) “Department” means the Department of Health and Social Services. (2) “Division” means the Division for the Visually Impaired under § 7929 of Title 29, a division of the Department of Health and Social Services. (3) “Person with bl…
31 Del. C. § 2102. Supervision of training.
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§ 2102. Supervision of training. The Division, through the Department, has supervision of the training of a person with blindness or a person with visual impairment.31 Del. C. 1953, § 2102; 57 Del. Laws, c. 591, § 38; 78 Del. Laws, c. 179, §§ 327, 328; 83 Del. Laws, c. 455, § 7;
31 Del. C. § 2103. Division authority; instructors of persons with blindness or visual impairment.
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§ 2103. Division authority; instructors of persons with blindness or visual impairment. The Division has sole authority over the selection, appointment, employment terms, and performance of an instructor of persons with blindness or persons with visual impairment.25 Del. Laws, c.…
31 Del. C. § 2104. Acquisition and disposal of property; exemption of property from taxation.
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§ 2104. Acquisition and disposal of property; exemption of property from taxation. (a) The Division may do all of the following: (1) Solicit, purchase, or otherwise acquire, hold, own, mortgage, sell, or assign real or personal property. (2) Solicit, accept, or receive a private …
31 Del. C. § 2105. Division expenditures.
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§ 2105. Division expenditures. The Division may expend the sums of money it deems proper and necessary for effectuating the objects of this chapter. The sums of money may not in the aggregate in any 1 year exceed the sum of money appropriated to the Division for these purposes.25…
31 Del. C. § 2106. Payment of Division expenses.
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§ 2106. Payment of Division expenses. The State Treasurer shall pay out of funds appropriated by the General Assembly the Division’s expenses for salaries and wages, office expenses, operation, working capital, materials, repairs and replacements, travel, or other expenses in con…
31 Del. C. § 2107. Eligibility and applications for services.
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§ 2107. Eligibility and applications for services. An adult who is either a person with blindness or a person with visual impairment may make application to the Division to receive services from the instructors provided under § 2103 of this title. The Division may grant or refuse…
31 Del. C. § 2108. Duty of agencies, physicians, and nurses to report persons with blindness and persons with visual impairment.
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§ 2108. Duty of agencies, physicians, and nurses to report persons with blindness and persons with visual impairment. Each health or social agency, attending or consulting physician, or attending or consulting nurse shall report, in writing, to the Division the name, age, and res…