Calendar of Events/Hearing Notices

CALENDAR

March 2019

DEPARTMENT OF EDUCATION

PUBLIC NOTICE

The State Board of Education will hold its monthly meeting on Thursday, March 21, 2019 at 5:00pm in the Townsend Building, Dover, Delaware.

_________________________________________________________________________________________________

DEPARTMENT OF HEALTH AND SOCIAL SERVICES

Division of Health Care Quality

PUBLIC NOTICE

3325 Financial Capability Reporting

In compliance with the State's Administrative Procedures Act (APA - Title 29, Chapter 101 of the Delaware Code) and under the authority of Title 29 of the Delaware Code, Section 7903(9), Delaware Health and Social Services (DHSS) / Division of Health Care Quality is proposing to amend Regulation 3325, Financial Capability Reporting, the Division’s assessment of the financial capability of licensed providers revise the process for establishing capital availability for newly established facilities or facilities with a parent organization s well as to make some minor technical changes to other regulations.

Any person who wishes to make written suggestions, compilations of data, testimony, briefs or other written materials concerning the proposed new regulations must submit same to Gabriela Kejner, Chief of Staff, Office of the Secretary, Main Admin Building, 1901 North DuPont Highway, P.O. Box 906, New Castle, Delaware 19720-0906 or by fax to (302) 255-4429 by Monday, April 1, 2019. Tom Murray of the Division of Health Care Quality, 3 Mill Road, Wilmington, DE 19806, (302) 4217442 is the Division contact person.

The action concerning the determination of whether to adopt the proposed regulation will be based upon the results of Department and Division staff analysis and the consideration of the comments and written materials filed by other interested persons.

_________________________________________________________________________________________________

Division of Medicaid and Medical Assistance

PUBLIC NOTICE

PRTFs – Provision of EPSDT Services

In compliance with the State's Administrative Procedures Act (APA - Title 29, Chapter 101 of the Delaware Code), 42 CFR §447.205, and under the authority of Title 31 of the Delaware Code, Chapter 5, Section 512, Delaware Health and Social Services (DHSS) / Division of Medicaid and Medical Assistance (DMMA) is proposing to amend Title XIX Medicaid State Plan regarding Psychiatric Residential Treatment Facilities (PRTFs), specifically, to ensure individuals under 21 in qualified inpatient psychiatric hospitals and facilities are guaranteed access to necessary services.

Any person who wishes to make written suggestions, compilations of data, testimony, briefs or other written materials concerning the proposed new regulations must submit same to, Planning, Policy and Quality Unit, Division of Medicaid and Medical Assistance, 1901 North DuPont Highway, P.O. Box 906, New Castle, Delaware 19720-0906, by email to Nicole.M.Cunningham@delaware.gov, or by fax to 302-255-4413 by 4:30 p.m. on April 1, 2019. Please identify in the subject line: PRTFs – Provision of EPSDT Services.

_________________________________________________________________________________________________

Division of Public Health

Health Promotion and Disease Prevention

PUBLIC NOTICE

4202 Control of Communicable and Other Disease Conditions

Pursuant to 16 Del.C. §122(3)a. and §707, Health Promotion and Disease Prevention (HPDP), Division of Public Health, Department of Health and Social Services, is proposing revisions to the regulations governing Control of Communicable and Other Disease Conditions. On March 1, 2019, the Division of Public Health plans to publish as “proposed” revisions to the Control of Communicable and Other Disease Conditions regulations. The revisions include the addition of HIV nucleotide sequence test results reporting.

Copies of the proposed regulations are available for review in the March 1, 2019 edition of the Delaware Register of Regulations, accessible online at: http://regulations.delaware.gov or by calling the Division of Public Health at (302) 744-4951.

Any person who wishes to make written suggestions, testimony, briefs or other written materials concerning the proposed regulations must submit them to Alanna Mozeik by Friday, April 5, 2019, at:

Alanna Mozeik

Division of Public Health

417 Federal Street

Dover, DE 19901

Email: Alanna.Mozeik@state.de.us

Phone: (302) 744-4951

_________________________________________________________________________________________________

Division of Public Health

PUBLIC NOTICE

4471 Massage and Bodywork Facilities

Pursuant to 24 Del.C. §§5306(b) and 5314(b), the Health Systems Protection Section (HSP), Division of Public Health, Department of Health and Social Services, is proposing new regulations for facilities that offer massage and body work services. The regulations are in response to the revisions to 24 Del.C. §§5306(b) and 5314(b) which provide the Division of Public Health the authority to promulgate these regulations. On March 1, 2019, DPH plans to publish as proposed the new regulations, and hold them out for public comment per Delaware law.

Any person who wishes to make written suggestions, testimony, briefs or other written materials concerning the proposed regulations must submit them to Alanna Mozeik by Monday, April 1, 2019, at:

Alanna Mozeik

Division of Public Health

417 Federal Street

Dover, DE 19901

Email: Alanna.Mozeik@state.de.us

Phone: (302) 744-4951

_________________________________________________________________________________________________

Division of Social Services

PUBLIC NOTICE

Food Supplement Program

Any person who wishes to make written suggestions, compilations of data, testimony, briefs or other written materials concerning the proposed new regulations must submit same to, Planning, Policy and Quality Unit, Division of Medicaid and Medical Assistance, 1901 North DuPont Highway, P.O. Box 906, New Castle, Delaware 19720-0906, by email to Nicole.M.Cunningham@delaware.gov, or by fax to 302-255-4413 by 4:30 p.m. on April 1, 2019. Please identify in the subject line: Food Supplement Program.

_________________________________________________________________________________________________

Division of Social Services

PUBLIC NOTICE

Purchase of Care - Determination of Homeless

Any person who wishes to make written suggestions, compilations of data, testimony, briefs or other written materials concerning the proposed new regulations must submit same to, Planning, Policy and Quality Unit, Division of Medicaid and Medical Assistance, 1901 North DuPont Highway, P.O. Box 906, New Castle, Delaware 19720-0906, by email to Nicole.M.Cunningham@delaware.gov, or by fax to 302-255-4413 by 4:30 p.m. on April 4, 2019. Please identify in the subject line: Purchase of Care – Determination of Homeless.

_________________________________________________________________________________________________

Division of Social Services

PUBLIC NOTICE

Temporary Assistance for Needy Families (TANF) - CMR

In compliance with the State's Administrative Procedures Act (APA - Title 29, Chapter 101 of the Delaware Code), 42 CFR §447.205, and under the authority of Title 31 of the Delaware Code, Chapter 5, Section 512, Delaware Health and Social Services (DHSS) is proposing to amend the Division of Social Services Manual regarding Temporary Assistance for Needy Families (TANF), specifically, to update the Contract of Mutual Responsibility (CMR).

Any person who wishes to make written suggestions, compilations of data, testimony, briefs or other written materials concerning the proposed new regulations must submit same to, Planning, Policy and Quality Unit, Division of Medicaid and Medical Assistance, 1901 North DuPont Highway, P.O. Box 906, New Castle, Delaware 19720-0906, by email to Nicole.M.Cunningham@delaware.gov, or by fax to 302-255-4413 by 4:30 p.m. on April 4, 2019. Please identify in the subject line: Temporary Assistance for Needy Families (TANF) - CMR.

_________________________________________________________________________________________________

DEPARTMENT OF INSURANCE

Office of the Commissioner

PUBLIC NOTICE

704 Homeowners Premium Consumer Comparison

Chapter 18 of the Delaware Administrative Code at Regulation 704 requires insurers who have a prescribed market share to, annually, by April 15, submit certain data to the Department of Insurance (Department) concerning homeowners insurance rates so that the Department may use those data as the basis of its on-line rate comparison tool. The purpose of the on-line rate comparison tool was to allow consumers to easily compare homeowners insurance rates based on set factors such as homeowner profiles, home construction type and zip codes.

However, since the inception of the rate calculator in 2010, insurers have built their own calculators which can be precisely tailored to fit an exact consumer profile. Thus, the Department’s calculator is obsolete and the regulation requiring the data call should be repealed.

The Department does not plan to hold a public hearing on the proposed repeal of Regulation 704. The regulation proposed for repeal appears below and can also be viewed at the Department of Insurance website at http://insurance.delaware.gov/information/proposedregs/.

Any person may file written comments, suggestions, briefs, and compilations of data or other materials concerning the proposed repeal of the regulation. Any written submission in response to this notice and relevant to the proposed repeal must be received by the Department of Insurance no later than 4:30 p.m. EST, the 1st day, April, 2019. Any such requests should be directed to:

Leslie W. Ledogar, Regulatory Specialist

Delaware Department of Insurance

ATTN: Regulation 704 Repeal

841 Silver Lake Blvd.

Dover, 19904

(302) 674-7379

Email: Leslie.Ledogar@state.de.us

_________________________________________________________________________________________________

Office of the Commissioner

PUBLIC NOTICE

904 Privacy of Consumer Financial and Health Information

1. Background on the Federal Gramm-Leach Bliley Act and subsequent FAST Act Amendments

The Federal Gramm-Leach Bliley Act (GLBA) governs the treatment of nonpublic personal financial information. The GLBA was enacted in 1999 and governs the privacy practices of a broad range of financial institutions. State insurance departments are the functional regulators of all financial firms engaged in the business of insurance. See Proceedings of the NAIC, 1999 Proc. 4th Quarter I 33-34.

Title V, Subtitle A of the GLBA requires financial institutions to provide to each of their customers an annual notice regarding those institutions' privacy policies. If financial institutions share certain consumer information with particular types of third parties, the annual notices must also provide customers with an opportunity to opt out of having their information shared.

Federal Regulation P, which implements the GLBA, sets forth requirements for how financial institutions must deliver these annual privacy notices. In certain circumstances, Regulation P permits financial institutions to use an alternative delivery method to provide annual notices. This method requires, among other things, that the annual notice be posted on a financial institution's website. For more information on Regulation P see 81 FR 44801 (July 11, 2016) and 83 FR 40945 et seq. (August 17, 2018).

On December 4, 2015, Congress amended the GLBA as part of the Fixing America's Surface Transportation Act (FAST Act). This amendment, entitled “Eliminate Privacy Notice Confusion” (see P.L. 114-94, section 75001), added new GLBA section 503(f). This new section provides an exception under which financial institutions that meet certain conditions are not required to provide annual privacy notices to customers. To qualify for this exception, a financial institution: 1) must not share nonpublic personal information about customers except as described in certain statutory exceptions; and 2) must not have changed its policies and practices with regard to disclosing nonpublic personal information from those that the institution disclosed in the most recently distributed privacy notice. Id. The amendment was effective upon enactment. Regulation P was subsequently amended to implement the FAST Act amendments, effective on September 17, 2018.

2. NAIC Model Regulation 672 and subsequent amendments

In response to the GLBA, the National Association of Insurance Commissioners (NAIC) convened a Privacy Issues Working Group in 2000 to discuss how the NAIC and the State Departments of Insurance should proceed with respect to drafting a model privacy regulation. Proceedings of the NAIC, 2000 Proc. 1st Quarter 978. Note that NAIC Model Regulations are for the use of State Departments of Insurance in their state regulatory initiatives.

The resulting Model Regulation 672, Privacy of Consumer Financial and Health Information Regulation, was adopted by the NAIC at its third quarterly meeting in 2000. See Proceedings of the NAIC, 2000 Proc. 3rd Quarter 7, 10. The Model Regulation includes an Appendix A, which contains a series of sample clauses for use by licensees in their privacy notices.

After the Federal FAST Act Amendments were enacted in 2015, the NAIC once again responded by convening the Privacy Disclosures (D) Working Group. The group was charged with 1) determining if Model Regulation 672 should be amended to make it more consistent with Federal Regulation P’s alternative electronic delivery option; and 2) reviewing the sample privacy notices set forth in Model 672 Appendix A for consistency with the Federal privacy model notice forms, and whether the Federal Model Privacy Notice should be added as an Appendix B and be used as a safe harbor of compliance with the privacy modification requirements of the GLBA. Proceedings of the NAIC, 2017 Proc. 1st Quarter 41.

At its Fall 2016 Meeting, the NAIC determined to adopt the following revisions to Model Regulation 672 (see id. at 42):

• Eliminate the requirement for financial institutions to provide annual privacy notices if certain conditions are met;

• Sunset the safe harbor of compliance with the privacy notice content requirements for the existing sample privacy notice clauses in Appendix A by July 1, 2019; and

• Create a new safe harbor of compliance with the privacy notice content requirement by replacing the existing sample privacy notice clauses with the federal model privacy form, to be codified in Appendix B.

3. The purpose of this proposal

The primary purpose of this proposal is to incorporate the NAIC revisions adopted at the NAIC 2016 fall meeting. Specifically:

• At proposed new subsections 1.5.2 and 1.5.3, the Department proposes to replace the sample privacy notices currently codified in Regulation 904 Appendix A, which provide a safe harbor of compliance with the privacy notice content requirements, with the Federal Model Privacy Form codified at 16 C.F.R. Pt. 313, App. A. The Federal Model Privacy Form was issued by Federal regulatory agencies for use by financial institutions, such as banks and security investment companies, as a safe harbor of compliance with the privacy notification requirements of the GLBA. As part of this proposed amendment, the Department proposes to add Appendix B, which incorporates the Federal sample forms and instructions, as codified at 16 C.F.R. Pt. 313, App. A. (adopted at 74 FR 63966 (Dec. 1, 2009)), by reference, as may, from time to time, be amended.

• At proposed new subsection 2.2.1.2, the Department proposes to eliminate the requirement for financial institutions to provide annual privacy notices if certain conditions are met. The Department has already publicized this exception in Domestic and Foreign Insurers Bulletin No. 97. A related amendment appears at subsection 2.6.

An additional purpose of this proposal is to correct codification style errors and erroneous cross references in Regulation 904. Regulation 904 was originally codified as Regulation 84 when it was first adopted in 2001 (see 4 DE Reg. 1752 (May 1, 2001) for the proposal and 5 DE Reg. 1752 (July 1, 2001) for the adoption). When the State of Delaware switched to a new regulatory codification system, Regulation 84 was recodified as Regulation 904 (18 DE Admin. Code 904), with new tabulation enumeration that purported to comply with the new codification system requirements. Even so, the regulation in its current form contains codification style errors and erroneous internal cross references that the Department is updating as a part of this proposal. Two items are of particular note. First, the Department is recodifying examples of defined terms from the definition of a particular term to separate, cross-referenced subsections within Section 1. Second, the Department is recodifying subsections 1.4.1.14.1 through 4 to applicability subsections 1.3.2 through 6, respectively.

The bulk of the codification style errors are in Section 1 of the regulation.

The Department does not plan to hold a public hearing on the proposed amendments to Regulation 904. The regulation with proposed amendments appears below and can also be viewed at the Department of Insurance website at http://insurance.delaware.gov/information/proposedregs/.

Any person may file written comments, suggestions, briefs, and compilations of data or other materials concerning the proposed amendments. Any written submission in response to this notice and relevant to the proposed amendments must be received by the Department of Insurance no later than 4:30 p.m. EST, the 1st day, April, 2019. Any such requests should be directed to:

Leslie W. Ledogar, Regulatory Specialist

Delaware Department of Insurance

841 Silver Lake Blvd.

Dover, DE 19904

(302) 674-7379

Email: Leslie.Ledogar@state.de.us

_________________________________________________________________________________________________

Office of the Commissioner

PUBLIC NOTICE

1321 Compensation for Physical Therapy Services

The Department of Insurance hereby gives notice of proposed new Regulation 1321 relating to Compensation for Physical Therapy Services. The proposed new regulation would prohibit insurance carriers from including in any insurance policy terms and conditions that unreasonably discriminate against the payment for physical therapy care or services, prohibits numerical limits on physical therapy visits for the treatment of back pain, and puts in place a mechanism by which the Department of Insurance may enforce these prohibitions.

The Delaware Code authority for the new regulation is 18 Del.C. §311 and the amendments to 24 Del.C. Ch. 26, which added new section 2621 entitled “Physical therapists eligible for compensation from insurance.” See Del. S.B. 225/S.A. 1/S.A.2, 149th Gen. Assem. §2621 (2018), with an effective date of March 9, 2019.

The Department does not plan to hold a public hearing on the proposed new regulation. The proposed new regulation appears below and may also be viewed at the Department's website at http://insurance.delaware.gov/information/proposedregs/.

Any person may file written comments, suggestions, briefs, and compilations of data or other materials concerning the proposed new regulation. Any written submission in response to this notice and relevant to the proposed new regulation must be received by the Department of Insurance no later than 4:30 p.m. EST, the 1st day of April, 2019. Any such requests should be directed to:

Leslie W. Ledogar, Esq., Regulatory Specialist

Delaware Department of Insurance

841 Silver Lake Blvd.

Dover, DE 19904

(302) 674-7379

Email: Leslie.Ledogar@state.de.us

_________________________________________________________________________________________________

DEPARTMENT OF STATE

Division of Professional Regulation

3900 Board of Clinical Social Work Examiners

PUBLIC NOTICE

Pursuant to 24 Del.C. §3906(a)(1), the Board of Clinical Social Work Examiners (“the Board”) has proposed extensive revisions to the rules and regulations to implement amendments to the Board’s licensing law, Chapter 39 of Title 24 of the Delaware Code, which will go into effect on June 11, 2019. Specifically, the proposed amendments implement multi-tier licensure, including the requirements for licensure by grandfathering and for continuing education. Requirements are added for licensees providing supervision and the requirements for licensure as a clinical social worker are clarified in the interests of professional competence.

A public hearing will be held on March 25, 2019 at 9:00 a.m. in the second floor conference room A of the Cannon Building, 861 Silver Lake Boulevard, Dover, Delaware, where members of the public can offer comments. Anyone wishing to receive a copy of the proposed regulations may obtain a copy from the Delaware Board of Clinical Social Work Examiners, 861 Silver Lake Boulevard, Dover, Delaware 19904. Persons wishing to submit written comments may forward these to Alison Warren, Administrator for the Board, at the above address or at alison.warren@delaware.gov. Pursuant to 29 Del.C. §10118(a), the final date to receive written comments will be April 9, 2019. The Board will deliberate on the proposed revisions at its next regularly scheduled meeting.