CALENDAR OF EVENTS/HEARING NOTICES

CALENDAR

November 2024

DELAWARE RIVER BASIN COMMISSION

PUBLIC NOTICE

The Delaware River Basin Commission will hold a public hearing on Wednesday, November 6, 2024, commencing at 1:30 p.m. The public hearing will be conducted remotely. The draft docket decisions and draft resolutions that will be subjects of the public hearing, along with details about the remote platform and how to attend, will be posted on the Commission's website, www.drbc.gov, at least ten (10) days prior to the meeting date.

The Commission's quarterly business meeting will be held on Thursday, December 5, 2024, commencing at 10:30 a.m. The business meeting also will be held remotely. An agenda, along with details about the remote platform and how to attend, will be posted on the Commission's website, www.drbc.gov, at least ten (10) days prior to the meeting date.

For additional information, including links to live streams of these events, please visit the DRBC website at www.drbc.gov or contact Patricia Hausler at patricia.hausler@drbc.gov.

Pamela M. Bush, J.D., M.R.P.

Commission Secretary and Assistant General Counsel

DEPARTMENT OF EDUCATION

PUBLIC NOTICE

The State Board of Education meets monthly, generally at 5:00pm on the third Thursday of the month. These meetings are open to the public. The Board rotates locations of regular meetings among the three counties.

The State Board of Education provides information about meeting dates and times, materials, minutes, and audio recordings on its website:

https://education.delaware.gov/community/governance/state-board-of-education/sbe-monthly-meetings/

DEPARTMENT OF HEALTH AND SOCIAL SERVICES

Division of Medicaid and Medical Assistance

PUBLIC NOTICE

Cellular and Gene Therapy

In compliance with the State's Administrative Procedures Act (APA - Title 29, Chapter 101 of the Delaware Code) and under the authority of 31 Del.C. §512, Delaware Health and Social Services ("Department") / Division of Medicaid and Medical Assistance (DHSS/DMMA) is proposing to amend Title XIX Medicaid State Plan Attachment 4.19-B pages 14 and 14a, specifically, to change pricing logic for clotting factors and specialty medications to control cost.

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 and Policy Unit, Division of Medicaid and Medical Assistance, 1901 North DuPont Highway, P.O. Box 906, New Castle, Delaware 19720-0906, by email to DHSS_DMMA_Publiccomment@Delaware.gov, or by fax to 302-255-4413 by 4:30 p.m. on December 2, 2024. Please identify in the subject line: Cellular and Gene Therapy

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

Medicaid Recovery Audit Contractor’s (RAC) Program

In compliance with the State's Administrative Procedures Act (APA - Title 29, Chapter 101 of the Delaware Code) and under the authority of 31 Del.C. §512, Delaware Health and Social Services ("Department") / Division of Medicaid and Medical Assistance (DHSS/DMMA) is proposing to amend Title XIX Medicaid State Plan General Program Administration and Table of Contents page 36a specifically, to request an extension of the exception from participation in the RAC Program.

Division of Medicaid and Medical Assistance

PUBLIC NOTICE

Personal Needs Allowance

In compliance with the State's Administrative Procedures Act (APA - Title 29, Chapter 101 of the Delaware Code) and under the authority of 31 Del.C. §512, Delaware Health and Social Services ("Department") / Division of Medicaid and Medical Assistance (DHSS/DMMA) is proposing to amend Title XIX Medicaid State Plan Attachment 2.6-A page 4 and Attachment 2.6-A page 4 Addendum and Delaware Social Services Manual (DSSM) 20620.1 and 20995.1.1, specifically, to modify the personal needs allowance amount for individuals residing in long term care facilities.

DEPARTMENT OF INSURANCE

Office of the Commissioner

PUBLIC NOTICE

1401 Medical Malpractice Review Panel Rules

A. Type of Regulatory Action Required

Proposal to repeal Regulation 1401.

B. Synopsis of Subject Matter of Regulation

The Department of Insurance hereby gives notice of a proposal to repeal Regulation 1401, Medical Malpractice Review Panel Rules. Enacted on June 25, 1976, Regulation 1401 has become obsolete due to the passage of Senate Bill 208 (SB 208) by the 152nd General Assembly, signed by the Governor on August 29, 2024. SB 208 amended Chapter 68 of Title 18, repealing Subchapters III and V in their entirety and eliminating the use of medical review panels in medical negligence cases. The Superior Court of Delaware maintains exclusive jurisdiction over civil actions alleging healthcare medical negligence. As a result, the Insurance Commissioner finds it necessary to repeal Regulation 1401.

C. Notice of Public Comment

The proposed regulation appears below and may also be viewed at the Department of Insurance website at http://insurance.delaware.gov/information/proposedregs/. The Department will not be holding a public hearing on the proposed regulation.

Any person may file written comments, suggestions, briefs, and compilations of data or other materials concerning the proposed regulation. Any written submission in response to this notice and relevant to the proposed regulation must be received by the Department of Insurance no later than 4:30 p.m. EDT, the 2nd day of December, 2024 and should be directed to:

Alisa Pritchard, Regulatory Specialist

Delaware Department of Insurance

1351 West North Street, Suite 101

Dover, DE 19904

(302) 674-7379

Email: DOI-Legal@delaware.gov

DEPARTMENT OF LABOR

Division of Paid Leave

PUBLIC NOTICE

1401 Rules Defining and Regulating the Healthy Delaware Families Act, Family and Medical Leave Insurance Program and the Division of Paid Leave

In compliance with the State's Administrative Procedures Act (Title 29, Chapter 101 of the Delaware Code) and under the authority of 19 Del.C. §105, the Delaware Department of Labor ("Department") proposes to introduce regulations concerning the establishment of the Healthy Delaware Families Act ("Act") and to set forth definitions, guidance, procedures, and standards for the implementation of the Act and its Family and Medical Leave Insurance Program ("PFML Insurance Program"). The Division of Paid Leave ("Division"), a separate division within the Department, is established and will administer the Act, Program, and this regulation.

In accordance with 29 Del.C. §10116, persons wishing to submit written comments, suggestions, briefs, and compilations of data or other written materials concerning the proposed regulations should direct them to the following address:

Christopher Counihan

Division Director, Division of Paid Leave

Delaware Department of Labor

248 Chapman Road, Suite C

Newark, DE 19702

Comments may also be directed via electronic mail to PFML@Delaware.gov. Any written submission in response to this notice and relevant to the proposed regulations must be received by the above contact at the Delaware Department of Labor no later than 4:00 p.m. EST, on December 2, 2024. The action concerning determination of whether to adopt the proposed regulations will be based upon consideration of the written comments and any other written materials filed by the public.

DEPARTMENT OF STATE

Division of Professional Regulation

Board of Medical Licensure and Discipline

PUBLIC NOTICE

1700 Board of Medical Licensure and Discipline

The Delaware Board of Medical Licensure and Discipline, pursuant to 24 Del.C. §1713(a)(12) and §1770A, proposes to amend its regulation to comply with a law change regarding the relationship between physicians and physician assistants. The proposed regulation replaces "supervision" with "collaboration" and clarifies when a physician is limited to collaborating with only four physician assistants.

The Regulatory Council for Physician Assistants of the Board of Medical Licensure and Discipline will hold a public hearing on the proposed regulation change on December 3, 2024, 1:00 p.m., virtually and in the Second Floor Conference Room A, Cannon Building, 861 Silver Lake Blvd., Dover, DE 19904. Written comments should be sent to Alison Warren, Executive Director of the Delaware Board of Medical Licensure and Discipline, Cannon Building, 861 Silver Lake Blvd., Dover, DE 19904 or at alison.warren@delaware.gov. Written comments will be accepted until December 18, 2024 pursuant to 29 Del. C. §10118(a).

OFFICE OF THE STATE TREASURER

Cash Management Policy Board

PUBLIC NOTICE

1201 Statement of Objectives and Guidelines for the Investment of State of Delaware Funds

NATURE OF PROCEEDINGS; SYNOPSIS OF THE SUBJECT AND SUBSTANCE OF THE PROPOSED REGULATION

In accordance with the procedures set forth in 29 Del.C. Ch. 11, subch. III, and 29 Del.C. Ch. 101, the Cash Management Policy Board (the "Board") is proposing to amend previously adopted regulations governing the deposit and investment of State funds, as permitted by 29 Del.C. §2716.

STATUTORY BASIS AND LEGAL AUTHORITY TO ACT

29 Del.C. §2716.

OTHER REGULATIONS AFFECTED

None.

HOW TO COMMENT ON THE PROPOSED REGULATION

Members of the public may receive a copy of the proposed regulations at no charge by U.S. mail by writing, emailing, or calling Mr. Jordan Seemans at the Office of the State Treasurer ("OST"), 820 N. French St., Suite 201, Wilmington, Delaware 19801, Jordan.W.Seemans@delaware.gov, (302) 577-4211. Members of the public may present written comments on the proposed regulations by submitting such written comments to Mr. Seemans at the address above. Written comments must be received on or before December 31, 2024.

SUMMARY OF PROPOSED REGULATION

The Board is authorized to establish policies (a) for the investment of all money belonging to the State or on deposit from its political subdivisions, except money deposited in any State pension fund or the State deferred compensation program, and (b) to determine the terms, conditions, and other matters relating to those investments including the designation of permissible investments. See 29 Del.C. §2716(a).

The Board's existing regulations (the "Guidelines"), among other things, establish requirements related to the deposit of State funds in demand deposit accounts and establish permissible investments and percentage limits for State funds held for investment. See 1 DE Admin. Code 1201.

The proposed Guideline amendments will:

• Increase to 30% the allowable investment limits for private placement securities (Rule 144A securities) held in liquidity accounts.

• Increase to 2.5 years the average life limit on asset-backed securities held in reserve accounts.

• Increasing the maximum maturity for any investment of State funds held in reserve accounts to eleven years and one month from the date of settlement.

The Guidelines apply to and govern the conduct of the State's approved investment managers and will have no direct impact on individuals or businesses that do not serve in such capacity for the State.

The Board believes that it has authority to promulgate deposit and investment policies without complying with the formal regulatory requirements of Delaware's Administrative Procedures Act, 29 Del.C. Ch.101 (the "APA"). The Board is promulgating amended regulations under the APA out of an abundance of caution, consistent with prior practices.