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SPONSOR: Rep. Romer & Sen. Hoffner
Reps. Collins, Jones Giltner, Ortega, Ross Levin; Sens.
Huxtable, Pettyjohn, Poore, Richardson
HOUSE OF REPRESENTATIVES
153rd GENERAL ASSEMBLY
HOUSE BILL NO. 288
AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE DIVISION OF
DEVELOPMENTAL DISABILITIES SERVICES.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
1 Section 1. Amend § 7909A, Title 29 of the Delaware Code by making deletions as shown by strike through and
2 insertions as shown by underline as follows:
3 § 7909A. Division of Developmental Disabilities Services.
4 (b) The mission of the Division of Developmental Disabilities Services is to provide services and supports to
5 individuals with developmental disabilities and their families which families, to enable them to make informed choices that
6 lead to an improved quality of life and meaningful participation in their communities.
7 (c) The Division of Developmental Disabilities Services shall have has the following powers and duties:
8 (1) Provide case management and community-based services including family supports, advocacy, respite,
9 residential setting options, nurse and behavioral consultation, day services, and supported employment services to
10 assist individuals achieve their goals.
11 (2) Submit an annual report relating to the Division’s services to the Secretary, the Governor, the General
12 Assembly, and the Director and Librarian of the Division of Legislative Services. The report must include information
13 related to at least all of the following:
14 a. Service system size and growth to include both individuals receiving services and agencies providing
15 services.
16 b. Service utilization.
17 c. Observed gaps in or challenges to the service system.
18 (2), (3) [Repealed.]
19 (4) Provide intermediate care facility residential services.
20 (d) The Division of Developmental Disabilities Services shall ensure the investigation of complaints of abuse,
21 neglect, mistreatment mistreatment, and financial exploitation. Such investigations An investigation may be in coordination
22 with the Attorney General’s Office, law-enforcement law-enforcement, or other appropriate agencies.
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23 (e) The Division of Developmental Disabilities Services shall be authorized to may promulgate rules and
24 regulations to implement this statute.
25 (f) It is the intent of the General Assembly for the Division of Developmental Disabilities Services (DDDS) to
26 phase in increases to the rate system for services to adults with intellectual and developmental disabilities (I/DD) based on
27 the market study provided to the Office of Management and Budget and the Controller General on January 17, 2014, by the
28 Department of Health and Social Services Secretary, as subsequently updated with utilization data for fiscal year 2018 and
29 updated component percentages. Subject to available funding, these rates shall be phased in to 100 percent 100% of the
30 benchmarked levels established.
SYNOPSIS
This Act is a result of the Joint Legislative Oversight and Sunset Committee's focused review of the Division of
Developmental Disabilities Services' (DDDS) adult day and employment services. This Act requires that DDDS submit an
annual report relating to its services to increase the transparency of the services and highlight unmet needs for efficient
service delivery.
In § 7909A(c)(2)a. of Title 29, DDDS will provide data on census, new applications, demographics of those
groups, and the size and diversity of the provider system. Section 7909A(c)(2)b. allows DDDS to demonstrate that its
services, and how the services are accessed, change over time. Section 7909A(c)(2)c. gives DDDS the flexibility to provide
information on service requests that could not be met, why service requests could not be met, and observed gaps in service
delivery, or other information related to challenges DDDS identifies related to the service system.
This Act also makes technical changes to conform existing law to the standards of the Delaware Legislative
Drafting Manual.
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