Title 16 — Health and Safety

§ 9214. Revenues. The Authority may fix, revise, charge and collect rates, rents, fees and charges for the use of and for the services furnished or to be furnished by each project and to contract with any person, partnership, association or corporation, or other body, public or p…

§ 9215. Trust funds. All money received pursuant to the authority of this chapter, whether as proceeds from the sale of bonds or as revenues, shall be deemed to be trust funds to be held and applied solely as provided in this chapter. Any officer with whom, or any bank or trust c…

§ 9216. Remedies. Any holder of bonds, notes, bond anticipation notes, other notes or other obligations of the Authority issued under this chapter or any of the coupons appertaining thereto, and the trustee or trustees under any trust agreement, except to the extent the right her…

§ 9217. Exemption from taxation. The exercise of the powers granted by this chapter will be in all respects for the benefit of the people of this State, for the increase of their commerce, welfare and prosperity, and for the improvement of their health and living conditions, and …

§ 9218. Refunding bonds or notes. (a) The Authority is hereby authorized to provide for the issuance of bonds or notes of the Authority for the purpose of refunding any outstanding bonds, notes or other obligations of the Authority, or of a participating facility, including the p…

§ 9219. Bonds or notes eligible for investment. Bonds or notes issued by the Authority under this chapter are hereby made securities in which all public officers and public bodies of the State and its political subdivisions, all insurance companies, trust companies, savings banks…

§ 9220. Annual report. Within the first 90 days of each calendar year, the Authority shall make a report to the Governor of its activities for the preceding calendar year. Each such report shall set forth the complete operating and financial statement covering its operations duri…

§ 9221. Continued existence of Authority. The Authority and its corporate existence shall continue until terminated by law, provided, however, that no such law shall take effect so long as the Authority shall have bonds, notes or other obligations outstanding, unless adequate pro…

§ 9222. Additional and alternative method. The foregoing sections of this chapter shall be deemed to provide a complete, additional and alternative method for the doing of the things authorized thereby and shall be regarded as supplemental and additional to powers conferred by ot…

§ 9301. Purpose. It is the purpose of this chapter to assure that there is continuing public scrutiny of certain health-care developments which could negatively affect the quality of health care or threaten the ability of health-care facilities to provide services to the medicall…

§ 9301A. Definitions. (a) As used in this chapter: (1) “Community benefit program” means the activities of a hospital that are intended to address community needs and priorities primarily through disease prevention and improvement of health status, including any of the following:…

§ 9301B. Definitions. For purposes of this chapter: (1) “Health-care employer” means a “hospital” as defined under § 1001 of this title or a “freestanding surgical center” as defined by § 122 of this title. (2) “Smoke evacuation system” means equipment that effectively captures a…

§ 9302. Definitions [For application of this section, see 85 Del. Laws, c. 253, § 23] [Effective July 1, 2026]. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context indicates a differ…

§ 9302A. Community benefit activity reporting. (a) Hospitals must develop an annual community benefits activity report. The community benefit activity report shall include at a minimum the following: (1) A publicly-available website link to the reporting hospital’s most recent co…

§ 9302B. Surgical smoke evacuation requirements. (a) On or before April 1, 2026, a health-care employer must adopt and implement policies that require the use of a smoke evacuation system during any surgical procedure that is likely to generate surgical smoke. (b) The Division of…

§ 9303. Delaware Health Resources Board. (a) There is hereby established a Delaware Health Resources Board to foster the cost-effective and efficient use of health-care resources and the availability of and access to high quality and appropriate health-care services. (b) The Boar…

§ 9304. Activities subject to review [Effective July 1, 2026]. (a) A person must obtain a Certificate of Public Review prior to undertaking any of the following activities: (1) The construction, development or other establishment of a health-care facility or the acquisition of a …

§ 9305. Procedures for review. Reviews under this chapter shall be conducted in accordance with the following procedures: (1) Notices of intent. — At least 30 days but not more than 180 days prior to submitting an application for review under this chapter, applicants shall submit…

§ 9306. Review considerations. In conducting reviews under this chapter, the Board shall consider as appropriate at least the following: (1) The relationship of the proposal to the Health Resources Management Plan adopted pursuant to § 9303 of this title. Prior to adoption of a H…

§ 9307. Period of effectiveness of Certificate of Public Review. (a) A Certificate of Public Review shall be valid for 1 year from the date such approval was granted. (b) At least 30 days prior to the expiration of the Certificate of Public Review, the applicant shall inform the …

§ 9308. Sanctions. (a) Any person undertaking an activity subject to review as described in § 9304 of this title, without first being issued a Certificate of Public Review for that activity, shall have its license or other authority to operate denied, revoked or restricted as dee…

§ 9309. Surrender, revocation and transfer of Certificate of Public Review. (a) A Certificate of Public Review may be surrendered by the holder upon written notification to the Board and such surrender shall become effective immediately upon receipt of the Board. (b) A Certificat…

§ 9310. Immunity. No member, officer or employee of the Board, the Bureau or health care facility shall be subject to, and such persons shall be immune from, any claim, suit, liability, damages or any other recourse, civil or criminal, arising from any act or proceeding, decision…

§ 9311. Charity care. Any person subject to a CPR review pursuant to this chapter shall perform and accept within this State charity care to the extent required by the Board to those individuals who meet the criteria for rendering charity care established by the Board, and shall …

§ 9312. Charity care [Transferred]. Transferred to § 9311 of this title by 77 Del. Laws, c. 132, § 2, effective July 8, 2009.

§ 9401. Short title. This act may be cited as the “Community-Based Attendant Services Act.”73 Del. Laws, c. 193, § 1;

§ 9401A. Short title. This chapter may be cited as the “Supported Decision-Making Act.”80 Del. Laws, c. 427, § 1;

§ 9402. Purpose. The purposes of this chapter are as follows: (1) To minimize the likelihood of institutionalization and maximize the potential for independent living of individuals with disabilities. (2) To establish a statewide consumer-directed attendant support program which …

§ 9402A. Purpose; interpretation. (a) The purpose of this chapter is to do all of the following: (1) Provide assistance in gathering and assessing information, making informed decisions, and communicating decisions to adults who do not need a guardian or other substitute decision…

§ 9403. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. (1) “Attendant services” means those services which compensate for an …

§ 9403A. Definitions. For the purposes of this chapter: (1) “Adult” means an individual who is 18 years of age or older. (2) “Affairs” means personal, health care, and financial matters arising in the course of activities of daily living and includes all of the following: a. Thos…

§ 9404. Powers and duties. In furtherance of the purposes of this chapter, and within the limits of appropriations and other available funds, the Department shall have the following powers and duties: (1) Develop and implement a statewide community-based attendant services progra…

§ 9404A. Presumption of capability. (a) All adults are presumed to be capable of managing their affairs and to have capacity unless otherwise determined by the Court of Chancery. (b) The manner in which an adult communicates with others is not grounds for deciding that the adult …

§ 9405. Attendant screening. (a) The Department shall safeguard participants through establishment of an attendant screening system which includes, but is not limited to, the following features: (1) Standardized application comprehensively addressing each prospective attendant’s …

§ 9405A. Supported decision-making agreements. (a) An adult may enter into a supported decision-making agreement if all of the following apply: (1) The adult enters into the agreement voluntarily and without coercion or undue influence. (2) The adult understands the nature and ef…

§ 9406. Advisory Council. The State Council for Persons with Disabilities, established by § 8210 of Title 29 shall serve as the Advisory Council to the Department in implementing this chapter. In furtherance of this role, the Council shall fulfill the following functions: (1) Rev…

§ 9406A. Supporters. (a) Except as otherwise provided by a supported decision-making agreement, a supporter may do all of the following: (1) Assist the principal in understanding information, options, responsibilities, and consequences of the principal’s life decisions, including…

§ 9407. Regulations. (a) The Department shall prescribe such regulations as may be necessary to fully implement this chapter. (b) Regulations prepared by the Department under this chapter shall be subject to review and comment by the Advisory Council and shall otherwise be promul…

§ 9407A. Recognition of supporters. A decision or request made or communicated with the assistance of a supporter in conformity with this chapter shall be recognized for the purposes of any provision of law as the decision or request of the principal and may be enforced by the pr…

§ 9408A. Limitation of liability. A person who in good faith acts in reliance on an authorization in a supported decision-making agreement, or who in good faith declines to honor an authorization in a supported decision-making agreement, is not subject to civil or criminal liabil…

§ 9409A. Access to information. (a) A supporter may assist the principal with obtaining any information to which the principal is entitled, including, with a signed and dated specific consent, protected health information under the Health Insurance Portability and Accountability …

§ 9410A. Forms; regulatory authority. (a) The Department of Health and Social Services shall develop the forms necessary to implement this chapter. (b) The Secretary of the Department of Health and Social Services may promulgate regulations necessary to implement this chapter.80 …

§ 9501. Public policy; White Cane Day. (a) It is the policy of this State to encourage and enable persons who are blind, visually impaired or have physical disabilities to participate fully in the social and economic life of this State and to engage in remunerative employment. (b…

§ 9502. Rights and liabilities. (a) Persons who are blind, visually impaired or have physical disabilities shall have the same rights as persons without such disabilities to use streets, highways, sidewalks, walkways, public buildings, public facilities and other public places. (…

§ 9503. Rules of the road. The driver of a vehicle approaching a pedestrian who is totally or partially blind who is carrying a cane predominately white or metallic in color (with or without a red tip) or using a guide dog shall take all necessary precautions to avoid injury to s…

§ 9504. Enjoyment of public facilities. Any person or persons, firm or corporation or an agent thereof who denies or interferes with the admittance to or enjoyment of the public facilities enumerated in § 9502 or otherwise interferes with the rights of a person who is totally or …

§ 9505. Housing accommodations. (a) Persons who are blind, visually impaired or have physical disabilities shall be entitled to full and equal access as other members of the general public to all housing accommodations offered for rent, lease or compensation in this State, subjec…

§ 9506. Violations. Any person who violates this chapter shall, upon conviction for such offense in a Justice of the Peace Court, be fined $100 for every such violation.16 Del. C. 1953, § 9506; 58 Del. Laws, c. 222.;

§ 9601. Declaration of purpose. The purpose of this chapter is to further the policy of the State to encourage and assist individuals with visual impairments and other disabilities to achieve maximum personal independence through useful and productive gainful employment by assuri…

§ 9601A. Purpose. The purpose of this chapter is to encourage and assist individuals and families in saving private funds for the purpose of supporting individuals with disabilities to maintain health, independence, and quality of life. This chapter enables the State to implement…