Title 31 — Welfare
34 chapters · 333 sections in this title.
31 Del. C. § 101. Definitions.
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§ 101. Definitions. As used in this title: (1) “Board” or “Department” or “Department of Public Welfare” or “Board of Welfare” means the Department of Health and Social Services. (2) “Secretary” or “Director” means Secretary of the Department of Health and Social Services.31 Del.…
31 Del. C. § 102. Federal aid and reports.
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§ 102. Federal aid and reports. The Department shall, in this connection, and in order to obtain federal aid, make such reports in such form and containing such information as the federal government may require and shall comply with such provisions as the federal government may f…
31 Del. C. § 103. Duty of Department to coordinate welfare and correctional programs; public reports required.
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§ 103. Duty of Department to coordinate welfare and correctional programs; public reports required. (a) The Department shall be responsible for the coordination of welfare and correctional programs in this State and, to this end, may call conferences of representatives of public …
31 Del. C. § 104. Secretary; powers and duties.
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§ 104. Secretary; powers and duties. The Secretary shall manage and supervise the operations of the Department and shall see that all functions are properly carried out in accordance with the policies, rules and regulations approved by the Board. The Secretary shall appoint all e…
31 Del. C. § 105. Political activities of officers and employees limited.
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§ 105. Political activities of officers and employees limited. No executive, official or employee of the Department shall participate in any form of political activity other than as may be appropriate to the exercise of the individual’s civil rights, duties and privileges or in a…
31 Del. C. § 106. Organization of Department.
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§ 106. Organization of Department. The Secretary shall organize the Department into such divisions or other units as will increase the effectiveness and efficiency with which its affairs are conducted. The organization shall provide for and the efforts of the Department shall be …
31 Del. C. § 107. Rules and regulations.
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§ 107. Rules and regulations. The Secretary shall promulgate rules and regulations for the interpretation of statutes or federal regulations governing programs of public assistance and other programs of the Department and such other rules or regulations as may be necessary for th…
31 Del. C. § 108. Merit system of personnel administration unaffected.
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§ 108. Merit system of personnel administration unaffected. Nothing in this chapter shall interfere with the continued operation of a merit system of personnel administration for positions placed under such system by agreement between state and federal authorities.48 Del. Laws, c…
31 Del. C. § 109. Annual report.
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§ 109. Annual report. The Department, annually, shall make a report that shall include: (1) A list of the officers and agents employed; (2) The conditions of institutions under its supervision; (3) A statement of the year’s work; and (4) Complete and comprehensive information rel…
31 Del. C. § 110. Burial expenses of indigent person.
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§ 110. Burial expenses of indigent person. An indigent person’s remains may be buried at public expense on the order of the Division of Social Services. Uniform standards for such burial shall be established by the Department of Health and Social Services. The fee shall be establ…
31 Del. C. § 111. Financial participation.
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§ 111. Financial participation. (a) The State Treasurer shall establish in the State Treasury a State Public Welfare Fund which shall include all funds made available for the purposes of this chapter or of Chapter 5 of this title by the State, the several counties, the federal go…
31 Del. C. § 112. Federal financial participation.
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§ 112. Federal financial participation. The State Treasurer shall receive all money paid to the State by the Secretary of the Treasury of the United States on account of assistance, services and administration, provided under this chapter and under Chapter 5 of this title, and ma…
31 Del. C. § 113. County financial participation.
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§ 113. County financial participation. The State Treasurer shall receive all money paid to the State by the receiver of taxes and county treasurer of each of the 3 counties on account of assistance, services and administration provided under this chapter and under Chapter 5 of th…
31 Del. C. § 114. Recovery of public assistance overpayments.
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§ 114. Recovery of public assistance overpayments. (a) Any assistance paid to or in behalf of any person under Temporary Assistance for Needy Families, General Assistance, Food Benefits and Medicaid programs in excess of that to which the person is entitled under the program or p…
31 Del. C. § 115. Subpoena authority.
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§ 115. Subpoena authority. (a) In addition to the other powers of the Secretary of the Department of Health and Social Services, the Secretary or the Secretary’s designee shall, for purposes related to welfare fraud investigations and welfare overpayment investigations, have the …
31 Del. C. § 401-408. Title; intent and purpose of chapter; definitions; Board of Directors — established; composition; qualifications; advisors; terms; rules and regulations; compensation; duties and responsibilities; award of grants; separate nature of Fund; designation of tax refund as donation; investments; availability of funds for disbursement; reports of Board to Clearinghouse Committee [Repealed].
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§§ 401-408. Title; intent and purpose of chapter; definitions; Board of Directors — established; composition; qualifications; advisors; terms; rules and regulations; compensation; duties and responsibilities; award of grants; separate nature of Fund; designation of tax refund as …
31 Del. C. § 501. Legislative intent.
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§ 501. Legislative intent. It is declared to be the legislative intent that the purpose of this chapter is to promote the welfare and happiness of all of the people of this State by providing public assistance to all of its eligible needy, unemployable and distressed, that assist…
31 Del. C. § 502. Definitions.
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§ 502. Definitions. As used in this chapter: (1) “Applicant” means any person or family who applies for assistance or welfare services or on whose behalf such application is made under the terms of this chapter. (2) “Assistance” means assistance to or on behalf of eligible needy …
31 Del. C. § 503. Eligibility for assistance; amount; method of payment [For application of this section, see 85 Del. Laws, c. 251, § 4].
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§ 503. Eligibility for assistance; amount; method of payment [For application of this section, see 85 Del. Laws, c. 251, § 4]. (a) Anti-fraud. — Assistance shall not be granted under this chapter to any person or family otherwise eligible for assistance under the categories descr…
31 Del. C. § 504. Assignment and collection of support payments; powers and duties of Family Court.
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§ 504. Assignment and collection of support payments; powers and duties of Family Court. (a) Any law of the State to the contrary notwithstanding, the application and/or receipt of public assistance under § 503(d) of this title shall act as an automatic and immediate assignment o…
31 Del. C. § 505. Categories of assistance.
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§ 505. Categories of assistance. Assistance may be granted, in accordance with rules and regulations established by the Department of Health and Social Services under § 503 of this title, in the following categories: (1) Temporary Assistance for Needy Families. — Assistance with …
31 Del. C. § 506. Duplication of assistance.
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§ 506. Duplication of assistance. No person shall receive assistance for the same period under more than 1 of the categories of assistance listed in § 505(1-3) of this title, including assistance to the needy blind, if the payment of such assistance would be inconsistent with any…
31 Del. C. § 507. Temporary assistance to nonresidents.
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§ 507. Temporary assistance to nonresidents. Any person in need of public assistance while physically present in Delaware, but who lacks residence in this State as defined in this chapter, may be granted assistance subject to the immediate initiation, pursuant to rules and regula…
31 Del. C. § 508. Application for assistance.
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§ 508. Application for assistance. (a) Application for assistance shall be made to the appropriate county office of the Department. The application shall be in writing in the manner and form and giving such information as shall be required by the Department. An opportunity to fil…
31 Del. C. § 509. Continuing eligibility.
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§ 509. Continuing eligibility. All assistance grants made under this chapter shall be reconsidered as frequently as may be required by the rules of the Department to assure continued eligibility. After such further investigation, as the Department may deem necessary, the amount a…
31 Del. C. § 510. Recipients to report acquisition of resources.
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§ 510. Recipients to report acquisition of resources. If at any time during the period assistance payments are being made to any person, such person becomes possessed of any property, real or personal, or of any income in excess of the amount of such property and income last decl…
31 Del. C. § 511. Responsibility of relatives.
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§ 511. Responsibility of relatives. (a) Nothing contained in this chapter shall be construed to relieve any person from the liability of maintaining and supporting the person’s parent or parents or child or spouse, as provided by the laws of this State. However, the provisions of…
31 Del. C. § 512. Administration.
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§ 512. Administration. The Department shall administer this chapter and in connection therewith shall: (1) Establish rules and regulations to carry out the provisions of this chapter consistent with the intent as expressed in § 501 of this title, including, but not limited to, ru…
31 Del. C. § 513. Assistance not assignable; exception.
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§ 513. Assistance not assignable; exception. Assistance granted under this chapter shall not be transferable or assignable, at law or in equity, and none of the money paid or payable under this chapter shall be subject to execution, levy, attachment, garnishment or other legal pr…
31 Del. C. § 514. Financial participation [Repealed].
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§ 514. Financial participation [Repealed]. Repealed by 70 Del. Laws, c. 65, § 19, effective June 19, 1995.
31 Del. C. § 515. Effect of change of laws or allowances.
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§ 515. Effect of change of laws or allowances. Every allowance of assistance under the provisions of this part shall be deemed to have been allowed under and shall be held subject to the provisions of any amending or repealing act that may be passed, and no person receiving assis…
31 Del. C. § 516. Fraudulent acts; penalties [Repealed].
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§ 516. Fraudulent acts; penalties [Repealed]. Repealed by 65 Del. Laws, c. 345, § 1, effective June 30, 1986.
31 Del. C. § 517. Hospital and medical treatment for recipients of aid under this chapter.
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§ 517. Hospital and medical treatment for recipients of aid under this chapter. Notwithstanding any other provision of law, the Levy Court or County Council of any county shall not provide for the hospital treatment and medical care of any individual receiving assistance in any o…
31 Del. C. § 518. Failure to comply with job placement, education, training, work eligibility, parenting or personal responsibility requirements
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§ 518. Failure to comply with job placement, education, training, work eligibility, parenting or personal responsibility requirements The Department of Health and Social Services may issue and implement rules and regulations establishing sanctions for families receiving Temporary…
31 Del. C. § 519. Payment of assistance grants by the Department of Welfare.
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§ 519. Payment of assistance grants by the Department of Welfare. Notwithstanding any other provision of law, the Department of Public Welfare may make payment of assistance grants under the Temporary Assistance for Needy Families program on behalf of certain eligible cases or fa…
31 Del. C. § 520. Judicial review.
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§ 520. Judicial review. Any applicant for or recipient of public assistance benefits under this chapter or Chapter 6 of this title against whom an administrative hearing decision has been decided may appeal such decision to the Superior Court if the decision would result in finan…
31 Del. C. § 521. Emergency and disaster assistance.
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§ 521. Emergency and disaster assistance. Funds appropriated to the Department of Health and Social Services, Division of Social Services, for “Emergency and Disaster Assistance” and used for special emergency needs of any welfare-receiving household (except those households spec…
31 Del. C. § 522. Medical care; subrogation.
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§ 522. Medical care; subrogation. (a) Subrogation is defined as the doctrine of law which enables insurers to recover payments from any third party who is responsible for an injury. In any claim for benefits by a recipient who receives medical care under this title, where the rec…
31 Del. C. § 523. Education and training for recipients of aid under § 505(1) of this title.
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§ 523. Education and training for recipients of aid under § 505(1) of this title. (a) Persons who qualify for assistance under § 505(1) of this title shall be eligible to participate in secondary education, post-secondary education up to the baccalaureate level, adult basic educa…
31 Del. C. § 524. Eligibility for Temporary Assistance for Needy Families.
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§ 524. Eligibility for Temporary Assistance for Needy Families. Pursuant to the option granted the State by 21 U.S.C. § 862a(d)(1), an individual convicted under federal or state law of any offense which is classified as a felony by the law of the jurisdiction involved and which …
31 Del. C. § 525. Insurance coverage for serious mental illness and drug and alcohol dependency for recipients of aid under § 505(3) of this title.
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§ 525. Insurance coverage for serious mental illness and drug and alcohol dependency for recipients of aid under § 505(3) of this title. (a) Definitions. — For the purposes of this section, the following words and phrases shall have the following meanings: (1) “ASAM criteria” mea…
31 Del. C. § 526. Insurance coverage for contraceptive methods for recipients of aid under § 505(3) of this title.
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§ 526. Insurance coverage for contraceptive methods for recipients of aid under § 505(3) of this title. (a) For purposes of this section: (1) “FDA” means the Food and Drug Administration. (2) “Therapeutic equivalent” means a contraceptive drug, device, or product that meets all o…
31 Del. C. § 527. Coverage for treatment of pediatric autoimmune neuropsychiatric disorders associated with streptococcal infections and pediatric acute onset neuropsychiatric syndrome.
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§ 527. Coverage for treatment of pediatric autoimmune neuropsychiatric disorders associated with streptococcal infections and pediatric acute onset neuropsychiatric syndrome. Carriers shall provide coverage for treatment of pediatric autoimmune neuropsychiatric disorders associat…
31 Del. C. § 528. Coverage for epinephrine autoinjectors.
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§ 528. 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) Carriers shall provide coverage for medically-neces…
31 Del. C. § 529. Coverage for insulin pumps.
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§ 529. 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) Carriers shall provide coverage for a medi…
31 Del. C. § 530. Coverage for doula services.
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§ 530. Coverage for doula services. (a) As used in this section: (1) “Carrier” means any entity that provides health insurance under § 505(3) of this title. (2) “Doula services” means services provided by a trained doula and designed to provide physical, emotional, and educationa…
31 Del. C. § 531. Annual behavioral health well check.
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§ 531. 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…
31 Del. C. § 532. Supplemental and diagnostic breast examinations [For application of this section, see 84 Del. Laws, c. 121, § 5].
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§ 532. 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, th…
31 Del. C. § 533. Medicaid reimbursement for school-based services.
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§ 533. Medicaid reimbursement for school-based services. (a) By January 1, 2025, the Department of Health and Social Services shall apply to the Centers for Medicare and Medicaid Services for a state plan amendment that authorizes the State to provide for reimbursement for all me…
31 Del. C. § 534. Coverage for allergenic protein dietary supplements [For application of this section, see 84 Del. Laws, c. 376, § 5].
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§ 534. 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 al…