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Delaware General Assembly· HB 17Signed

Certificate of Public Review/Repeal/Maj. Equipment, the official text

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SPONSOR: Rep. Harris & Sen. Pinkney
                                                                 Reps. Hilovsky, Morrison, Neal, Snyder-Hall,
                                                                 Chukwuocha, Heffernan, Gray; Sens. Richardson, Brown,
                                                                 Buckson, Cruce, Hansen, Hocker, Hoffner, Huxtable,
                                                                 Lawson, Lockman, Mantzavinos, Paradee, Pettyjohn,
                                                                 Poore, Seigfried, Sokola, Sturgeon, Townsend, Walsh,
                                                                 Wilson

                                      HOUSE OF REPRESENTATIVES
                                        153rd GENERAL ASSEMBLY

                                                 HOUSE BILL NO. 17

    AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO CERTIFICATE OF PUBLIC REVIEW.

    BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

1   Section 1. Amend § 9302, Title 16 of the Delaware Code by making deletions as shown by strike through and

2 insertions as shown by underline as follows and redesignating accordingly:

3   § 9302. Definitions.

4   The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in

5 this section, except where the context indicates a different meaning:

6   (6) “Major medical equipment” shall mean a single unit of medical equipment or a single system of

7   components with related functions which is used for the diagnosis or treatment of patients and which:

8                  a. Entails a capital expenditure as set forth in this chapter which exceeds $5,800,000 or some greater

9   amount which has been designated by the Board following an annual adjustment for inflation using an annual

10  inflation index determined by the United States Department of Labor, Bureau of Labor Statistics;

11                 b. Represents medical technology which is not yet available in Delaware; or

12                 c. Represents medical technology which has been designated by the Board as being subject to review.

13  The Board may exempt from review a capital expenditure used to acquire major medical equipment which

14  represents medical technology which is not yet available in Delaware. A notice of intent filed pursuant to § 9305 of

15  this title along with any other information deemed necessary by the Board shall provide the basis for exempting such a

16  capital expenditure from review.

17  Section 2. Amend § 9304, Title 16 of the Delaware Code by making deletions as shown by strike through and

18 insertions as shown by underline as follows:

19  § 9304. Activities subject to review.

20  (a) Any A person must obtain a Certificate of Public Review prior to undertaking any of the following activities:

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21  (1) The construction, development or other establishment of a health-care facility or the acquisition of a

22  nonprofit health-care facility; facility.

23  (2) Any An expenditure by or on behalf of a health-care facility in excess of $5.8 million, or some greater

24  amount which has been designated by the Board following an annual adjustment for inflation using an annual inflation

25  index determined by the United States Department of Labor, Bureau of Labor Statistics, which is a capital expenditure.

26  A capital expenditure for purposes of constructing, developing or otherwise establishing a medical office building shall

27  not be subject to review under this chapter. When a person makes an acquisition by or on behalf of a health-care

28  facility under lease or comparable arrangement, or through donation which would have required review if the

29  acquisition had been by purchase, such acquisition shall be deemed a capital expenditure subject to review. The Board

30  may exempt from review capital expenditures when determined to be necessary for maintaining the physical structure

31  of a facility and not related to direct patient care. A notice of intent filed pursuant to § 9305 of this title, along with any

32  other information deemed necessary by the Board, shall provide the basis for exempting such capital expenditures from

33  review; review.

34  (3) A change in bed capacity of a health-care facility which increases the total number of beds (or distributes

35  beds among various categories, or relocates such beds from 1 physical facility or site to another) by more than 10 beds

36  or more than 10 percent of total licensed bed capacity, whichever is less, over a 2-year period;period.

37  (4) The acquisition of major medical equipment, whether or not by a health-care facility and whether or not

38  the acquisition is through a capital expenditure, an operating expense or a donation. The replacement of major medical

39  equipment with similar equipment shall not be subject to review under this chapter. In the case of major medical

40  equipment acquired by an entity outside of Delaware, the use of that major medical equipment within Delaware,

41  whether or not on a mobile basis, is subject to review under this chapter. Major medical equipment which is acquired

42  for use in a freestanding acute inpatient rehabilitation hospital, as defined in § 9302(4) of this title, a dispensary or first

43  aid station located within a business or industrial establishment maintained solely for the use of employees or in a first

44  aid station, dispensary or infirmary offering services exclusively for use by students and employees of a school or

45  university or by inmates and employees of a prison is not subject to review. [Repealed.]

                                                                        SYNOPSIS

              This Act repeals the requirement that a person must apply for a certificate of public review prior to the acquisition
    of major medical equipment. A certificate of public review may still be required if the acquisition meets the capital
    expenditure threshold under § 9304(a)(2) of Title 16.

              This Act also makes technical corrections to conform with the Delaware Legislative Drafting Manual and restores
    a missing word to § 9304(a)(2) of Title 16.

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