DEPARTMENT OF HEALTH AND SOCIAL SERVICES
Division of Public Health
PUBLIC NOTICE
4462 Public Drinking Water Systems
These proposed regulations, "Regulations Governing Public Drinking Water Systems," will replace by revision the current "Regulations Governing Public Drinking Water Systems," previously adopted May 14, 1971 and most recently amended July 10, 2003.
NATURE OF PROCEEDINGS
The Department is proposing amendments to the Regulations Governing Public Drinking Water Systems. The Department originally published proposed amendments to these regulations in the July 1, 2005 Register of Regulations and due to additional amendments is now re-proposing these regulations in the September 1, 2005 Register of Regulations. A summary of those amendments and amended regulations are attached below.
NOTICE OF PUBLIC HEARING
The Office of Drinking Water, under the Division of Public Health, Department of Health and Social Services (DHSS), will hold a public hearing to discuss proposed revisions to the “State of Delaware Regulations Governing Public Drinking Water Systems.” The public hearing will be held on September 29, 2005 at 1:00 p.m. in the Public Health Preparedness Training Center, Suite 4F, Blue Hen Corporate Center, 655 S. Bay Road, Dover, Delaware.
Copies of the proposed regulations are available for review by calling the following location:
Office of Drinking Water
Blue Hen Corporate Center, Suite 203
655 Bay Road
Dover, DE 19901
Telephone: (302) 741-8630
Anyone wishing to present his or her oral comments at this hearing should contact Mr. David Walton at (302) 744-4700 by September 28, 2005. Anyone wishing to submit written comments as a supplement to or in lieu of oral testimony should submit such comments by September 30, 2005 to:
David Walton, Hearing Officer
Division of Public Health
417 Federal Street
Dover, DE 19901
Fax 302-739-6659
Division of Public Health
PUBLIC NOTICE
4469 Regulations Governing a Detailed Plumbing Code
Nature of the Proceedings
Pursuant to 16 Delaware Code, Sections 122 and 7906, the Department of Health and Social Services is proposing to rescind the current “State of Delaware Regulations Governing a Detailed Plumbing Code” previously adopted on May 11, 2001, and replace it with an updated version incorporating the 2003 International Plumbing Code.
Notice of Public Hearing
The Health Systems Protection Section, Division of Public Health, Department of Health and Social Services will hold a public hearing to discuss the proposed Regulations Governing a Detailed Plumbing Code. The public hearing will be held on September 21, 2005 at 10:00 a.m. in the Third Floor Conference Room of the Jesse Cooper Building, 417 Federal Street, Dover, Delaware.
Copies of the proposed regulations are available for review by calling the following locations:
Environmental Health Field Services
Kent County Sussex County
805 River Road 544 South Bedford Street
Dover, DE 19901 Georgetown, DE 19947
Telephone: (302) 739-5305 Telephone: (302) 856-5496
Anyone wishing to present his or her oral comments at this hearing should contact David Walton at (302) 744-4700 by September 20, 2005. Anyone wishing to submit written comments as a supplement to or in lieu of oral testimony should submit such comments by September 30, 2005 to:
David P. Walton, Hearing Officer
Division of Public Health
417 Federal Street
Dover, Delaware 19901
Fax # (302) 739-6659
Division of Medicaid and Medical Assistance
PUBLIC NOTICE
Medicare Part D Prescription Drug Program
In compliance with the State's Administrative Procedures Act (APA - Title 29, Chapter 101 of the Delaware Code) and under the authority of Title 31 of the Delaware Code, Chapter 5, Section 512, Delaware Health and Social Services (DHSS) / Division of Medicaid & Medical Assistance (DMMA) is proposing to amend the Title XIX Medicaid State Plan and the Division of Social Services Manual (DSSM) to implement the Medicare Part D Prescription Drug 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 Sharon L. Summers, Policy & Program Development Unit, Division of Medicaid & Medical Assistance, 1901 North DuPont Highway, P.O. Box 906, New Castle, Delaware 19720-0906 by September 30, 2005.
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.
SUMMARY OF PROPOSED CHANGES
Statutory Authority:
• The Medicare Prescription Drug, Improvement and Modernization Act of 2003 (MMA)
• Section 1935(a) of the Social Security Act
• 42 CFR Parts 400, 403, 411, 417 and 423
New Pre-Print State Plan Pages
• Attachment 2.2-A, Page 27
• Attachment 3.1.A.1, Page 1
• Attachment 3.1.A.1, Page 2
• Attachment 3.1.A.1, Page 2a
Background
The Medicare Prescription Drug, Improvement and Modernization Act of 2003 (MMA) established the Medicare Prescription Drug Program, also known as Medicare Part D, making prescription drug coverage available to individuals who are entitled to receive Medicare benefits under Part A or Part B, beginning on January 1, 2006.
The MMA also established the Low-Income Subsidy (LIS) to assist individuals who have low-income and resources with payment of the premiums, deductibles, and co-payments required under Part D, which began on July 1, 2005.
Effective January 1, 2006, Medicaid beneficiaries who are entitled to receive Medicare benefits under Part A or Part B will no longer receive their pharmacy benefits under the State Medicaid Program, except for excluded drugs. States are required to submit State Plan Amendments that ensure State Medicaid Program pharmacy benefits are consistent with the requirements under Part D.
Given that Medicare is the primary payor with respect to Part D drugs for full-benefit dual eligible individuals, states will continue to receive Federal Financial Participation (FFP) for the payment of the deductible and coinsurance for Medicare Part A and Part B drugs.
Division of Medicaid and Medical Assistance
PUBLIC NOTICE
Title XIX Medicaid State Plan Inpatient Hospital Services
In compliance with the State's Administrative Procedures Act (APA - Title 29, Chapter 101 of the Delaware Code), and with 42CFR §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 & Medical Assistance is proposing to amend the Title XIX Medicaid State Plan regarding the reimbursement cycle and the payment methodology for inpatient hospital 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 Sharon L. Summers, Policy & Program Development Unit, Division of Medicaid & Medical Assistance, P.O. Box 906, New Castle, Delaware 19720-0906 by September 30, 2005.
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.
SUMMARY OF PROPOSED CHANGES
Title of Regulation
Methods and Standards for Establishing Payment Rates – Inpatient Hospital Care
Statutory Authority
42 CFR, Subpart C – Payment for Inpatient Hospital and Long-Term Care Facility Services
Amending the Following State Plan Pages
Attachment 4.19-A, Pages 1 and 3
Summary of Proposal
This regulatory action proposes to amend the reimbursement methodology for inpatient hospitals with two (2) changes regarding the: 1) reimbursement cycle and, 2) interim outlier payment methodology.
Reimbursement Cycle
Effective July 1, 2006, the proposed amendment would revise state plan language changing the reimbursement cycle for hospital payments from a twelve (12) month period to a fifteen (15) month period.
Interim Outlier Payment Methodology
Effective January 1, 2006, the proposed amendment revises the methodology for determining payment for high cost outliers. An interim payment will be made for that inpatient stay when the client’s charges have reached twenty-five (25) times the general discharge rate of that facility, or when the client’s stay is greater than sixty (60) days. Additional interim payments will be made when either of the outlier conditions for an interim payment is met again.
Division of Social Services
PUBLIC NOTICE
Delaware's Temporary Assistance for Needy Families Employment and Training
In compliance with the State's Administrative Procedures Act (APA - Title 29, Chapter 101 of the Delaware Code) and under the authority of Title 31 of the Delaware Code, Chapter 5, Section 512, Delaware Health and Social Services (DHSS) / Division of Social Services is proposing to amend the Division of Social Services Manual (DSSM) regarding changes to Delaware's Temporary Assistance for Needy Families (TANF) Employment and Training policies.
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 Sharon L. Summers, Policy & Program Development Unit, Division of Social Services, P.O. Box 906, New Castle, Delaware 19720-0906 by September 30, 2005.
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.
SUMMARY OF PROPOSED CHANGE
Citation
Senate Bill 101, 140th General Assembly: Delaware Welfare Reform Education and Training Assistance Act
Summary of Proposal
Senate Bill 101, effective July 2, 1999, allows participants in Delaware's Temporary Assistance for Needy Families (TANF) program to engage in secondary education, post-secondary education, and vocational training as part of the work activity requirement. The participants in this program must be enrolled as full-time students, must be students in good standing, and will be required to have a combination of credit hours and work hours equaling at least 20 hours per week while they are in school. Participants must attend accredited or approved programs and will receive the same support services while in school, such as child care and transportation, as do other TANF participants. By enabling TANF participants to pursue secondary education, post-secondary education, and vocational training, Delaware will create a workforce that is more financially stable and less likely to need public assistance again, while at the same time increasing its tax revenue as these same people earn higher wages. This is a correction to the previously published policy which increased the minimum combination of credit hours and work to 25 hours.