JANUARY 1999, VOLUME 2, ISSUE 7 PAGES 1041-1302

DELAWARE REGISTER OF REGULATIONS


The Delaware Register of Regulations is an official State publication established by authority of 69 Del. Laws, c. 107 and is published on the first of each month throughout the year. The Delaware Register will publish any regulations that are proposed to be adopted, amended or repealed and any emergency regulations promulgated. The Register will also publish some or all of the following information:

Governor's Executive Orders

Governor's Appointments

Attorney General's Opinions in full text

Agency Hearing and Meeting Notices

Other documents considered to be in the public interest.

CITATION TO THE DELAWARE REGISTER

The Delaware Register of Regulations is cited by volume, issue, page number and date. An example would be:

l 1:1 Del. R. 35 - 37 (July 1, 1997) refers to Volume 1, Issue 1, pages 35 - 37 of the Delaware

Register issued on July 1, 1997.


SUBSCRIPTION INFORMATION

A yearly subscription to the Delaware Register of Regulations costs $80.00 per year for 12 issues. Single copies are available at a cost of $7.00 per issues, including postage. For more information contact the Division of Research at 302-739-4114 or 1-800-282-8545 in Delaware.


CITIZEN PARTICIPATION IN THE REGULATORY PROCESS

Delaware citizens and other interested parties may participarte in the process by which administrative regulations are adopted, amended or repealed, and may initiate the process by which the validity and applicability of regulations is determined. Under 29 Del.C. 10115 whenever an agency proposes to formulate, adopt, amend or repeal a regulation, it shall file notice and full text of such proposals, together with copies of the existing regulation being adopted, amended or repealed, with the Registrar for publication in the Register of Regulations. The notice shall describe the nature of the proceedings including a brief synopsis of the subject, substance, issues, possible terms of the agency action, a reference to the legal authority of the agency to act, and reference to any other regulations that may be impacted or affected by the proposal, and shall state the manner in which persons may present their views; if in writing, of the place to which and the final date by which such views may be submitted; or if at a public hearing, the date, time and place of the hearing. If a public hearing is to be held, such public hearing shall not be scheduled less than 20 days following publication of notice of the proposal in the Register of Regulations. If a public hearing will be held on the proposal, notice of the time, date, place and a summary of the nature of the proposal shall also be published in at least 2 Delaware newspapers of general circulation.

The opportunity for public comment is held open for a minimum of 30 days after the proposal is published in the Register of Regulations. At the conclusion of all hearings and after receipt of all written materials, testimony and evidence, the agency shall determine whether a regulation should be adopted, amended or repealed and shall issue itsconclusion in an order which shall include: (1) A brief summary of the evidence and information submitted; (2) A brief summary of its findings of fact with respect to the evidence and information, except where a rule of procedure is being adopted or amended; (3) A decision to adopt, amend or repeal a regulation or to take no action and the decision shall be supported by its findings on the evidence and information received; (4) The exact text and citation of such regulation adopted, amended or repealed; (5) The effective date of the order; (6) Any other findings or conclusions required by the law under which the agency has authority to act; and (7) The signature of at least a quorum of the agency members.

The effective date of the order which adopts, amends or repeals a regulation shall be not less than 10 days from the date the order has been published in its final form in the Register of Regulations, unless such adoption, amendment or repeal qualifies as an emergency. Any person that is aggrieved by or claiming the unlawfulness of any regulation may bring an action in the Court for declaratory relief.

No action of an agency with respect to the making or consideration of a proposed adoption, amendment or repeal of a regulation shall be subject to review until final agency action on the proposal has been taken.

When any regulation is the subject of an enforcement action in the Court, the lawfulness of such regulation may be reviewed by the Court as a defense in the action. Except as provided in the preceding section, no judicial review of a regulation is available unless a complaint therefor is filed in the Court within 30 days of the day the agency order with respect to the regulation was published in the Register of Regulations.


CLOSING DATES AND ISSUE DATES FOR THE DELAWARE REGISTER OF REGULATIONS

ISSUE DATE        CLOSING DATE    CLOSING TIME
FEBRUARY 1 JANUARY 15 4:30 P.M
MARCH 1 FEBRUARY 15 4:30 P.M
APRIL 1 MARCH 15 4:30 P.M
MAY 1 APRIL 15 4:30 P.M
JUNE 1 MAY 15 4:30 P.M



DIVISION OF RESEARCH STAFF:

William S. Montgomery, Director, Division of Research; Walter G. Feindt, Deputy Director; Kathleen K. Amalfitano, Secretary; Jeffrey W. Hague, Registrar of Regulations; Marlynn H. Hedgecock, Administrative Officer; Maryanne McGonegal, Research Analyst; Ruth Ann Melson, Legislative Librarian; Deborah J. Messina, Print Room Supervisor ; Alexander W. Mull, Assistant Registrar of Regulations; Deborah A. Porter, Administrative Secretary; Virginia L. Potts, Administrative Assistant; Barbara A. Ryan; Public Information Officer; Thom Shiels, Legislative Attorney; Marguerite P. Smith, Public Information Clerk; Mary Jane Starkey, Senior Secretary; Marvin L. Stayton, Printer; Rochelle Yerkes, Senior Secretary.


CUMULATIVE TABLES
The table printed below lists the regulations that have been proposed, adopted, amended or repealed in the preceding issues of the Delaware Register of Regulations. The regulations are listed alphabetically by the promulgating agency, followed by a citation to that issue of the Register in which the regulation was published. Proposed regulations are disignated with (Prop.); final regulations are designated with (Final); Emergency regulations are designated with (Emer.); and regulations that have been repealed are designated with (Rep.).



Attorney General
  • Opinion No. 98-IB03, Authority to Delegate Approval of Certain Personnel Transactions 2:2 Del.R. 324
  • Opinion No. 98-IB04, FOIA Complaint Against Appoquinimink School District 2:2 Del.R. 325
  • Opinion No. 98-IB05, FOIA Complaint Against Appoquinimink School District 2:4 Del.R. 699
  • Opinion No. 98-IB06, Candidacy of Richard L. Abbott 2:4 Del.R. 700
  • Opinion No. 98-IB07, Sworn Payroll Information, 29 Del.C. 10002 2:4 Del.R. 703
  • Opinion No. 98-IB08, Complaint Against the Town of Townsend 2:4 Del.R. 705

  • Department of Administrative Services
    Division of Professional Regulation
  • Board of Clinical Social Work Examiners 2:2 Del.R. 164 (Prop.)
    2:5 Del.R. 775 (Final)
  • Board of Cosmetology and Barbering 2:4 Del.R. 440 (Prop.)
  • Board of Funeral Services 2:2 Del.R. 207 (Final)
  • Board of Examiners in Optometry 2:1 Del.R. 95 (Final)
  • Board of Examiners of Psychologists 2:1 Del.R. 103 (Final)
    2:3 Del.R. 341 (Prop.)
    2:5 Del.R. 776 (Final)
  • Board of Examiners of Speech/Language Pathologists, Audiologists & Hearing Aid
  • Dispensers 2:3 Del.R. 370 (Final)
  • Board of Nursing 2:4 Del.R. 682 (Final)
  • Board of Pharmacy 2:1 Del.R. 6 (Prop.)
    2:4 Del.R. 683 (Final)
  • Board of Professional Counselors of Mental Health 2:1 Del.R. 12 (Prop.)
    2:3 Del.R. 371 (Final)
  • Delaware Council on Real Estate Appraisers 2:3 Del.R. 372 (Final)
  • Delaware Gaming Board 2:4 Del.R. 444 (Prop.)
  • Department of Agriculture
  • Forest Service Regulations for State Forests 2:3 Del.R. 348 (Prop.)
  • Harness Racing Commission
  • Administrator of Racing, Definition 2:4 Del.R. 457 (Prop.)
  • Inclusion in List of Commission Officials 2:4 Del.R. 457 (Prop.)
  • Calculation of Time Allowance Based on Weather Conditions 2:4 Del.R. 462 (Prop.)
  • Commission's Powers to Appoint Officials 2:4 Del.R. 456 (Prop.)
  • Commission's Powers to Regulate Drug Testing 2:4 Del.R. 457 (Prop.)
  • Conditions for Non-Winners and Winners of Over $100.00 2:4 Del.R. 461 (Prop.)
  • Conditions for Number of Horses in Field 2:4 Del.R. 461 (Prop.)
  • Creation of Racing Official Positions 2:4 Del.R. 457 (Prop.)
  • Definition of Investigator 2:4 Del.R. 456 (Prop.)
  • Delaware Owned or Bred Races, Addition of 2:4 Del.R. 458 (Prop.)
  • Conditions for 2:4 Del.R. 458 (Prop.)
  • Definitions of 2:4 Del.R. 458 (Prop.)
  • Filing of Claiming Authorization at Time of Declaration, Requirement of 2:4 Del.R. 460 (Prop.)
  • Payment of Court Reporter Costs by Licensees Filing Appeals 2:4 Del.R. 461 (Prop.)
  • Procedure for Determination of Preference Dates 2:4 Del.R. 461 (Prop.)
  • Procedure for Horses Placed on Steward's List 2:4 Del.R. 461 (Prop.)
  • Prohibition of Racing Horses 15 Years or Older 2:4 Del.R. 460 (Prop.)
  • Revision of Procedures for Claiming Horse that Tests Positive for Illegal Substance 2:4 Del.R. 460 (Prop.)
  • Selection of Races in Division, Procedure for 2:4 Del.R. 460 (Prop.)
  • Whipping 2:4 Del.R. 684 (Final)
  • Pesticide Rules & Regulations 2:5 Del.R. 724 (Prop.)
  • Thoroughbred Racing Commission
  • Prohibition on Racing Claimed Horses, Rule 13.18 2:1 Del.R. 93 (Final)
  • Racing Claimed Horses, Rule 13.19
    2:1 Del.R. 6 (Prop.)
    2:3 Del.R. 373 (Final)


  • Department of Education
  • Career Guidance & Placement Counselors 2:5 Del.R. 740 (Prop.)
  • Comprehensive School Discipline Program 2:3 Del.R. 374 (Final)
  • Constitution & Bylaws of DSSAA 2:1 Del.R. 113 (Final)
  • Cooperative Education Program 2:1 Del.R. 110 (Final)
  • Delaware Testing Requirements for Initial Licensure 2:1 Del.R. 32 (Prop.)
  • Diversified Occupations Programs 2:1 Del.R. 111 (Final)
  • Establishing a School District Planning Process, Repeal of Policy 2:2 Del.R. 166 (Prop.)
  • General Education Development (GED) 2:1 Del.R. 16 (Prop.)
    2:3 Del.R. 376 (Final)
  • James H. Groves High School 2:1 Del.R. 17 (Prop.)
    2:3 Del.R. 378 (Final)
  • K - 12 Guidance Programs 2:5 Del.R. 741 (Prop.)
  • Middle Level Education Regulation 2:2 Del.R. 167 (Prop.)
  • Middle Level Education Section of Handbook for K-12 Education, Repeal of 2:1 Del.R. 23 (Prop.)
  • Middle Level Mathematics & Science Certification 2:1 Del.R. 21 (Prop.)
    2:3 Del.R. 377 (Final)
  • Multicultural Education Regulations 2:4 Del.R. 462 (Prop.)
  • Policy for Establishing a School District Planning Process 2:4 Del.R. 464 (Prop.)
    2:6 Del.R. 960 (Final)
  • Policy for School Districts on the Possession, Use & Distribution of Drugs & Alcohol 2:2 Del.R. 213 (Final)
  • Prohibition of Discrimination 2:4 Del.R. 465 (Prop.)
  • Promotion Policy 2:2 Del.R. 171 (Prop.)
  • Promotion Regulation 2:5 Del.R. 742 (Prop.)
  • Releasing Students to Persons other than their Parents or Legal Guardians 2:3 Del.R. 357 (Prop.)
    2:5 Del.R. 778 (Final)
  • Safety 2:2 Del.R. 215 (Final)
  • School Attendance 2:2 Del.R. 172 (Prop.)
    2:4 Del.R. 685 (Final)
  • School Construction 2:6 Del.R. 807 (Prop.)
  • School Custodians 2:3 Del.R. 353 (Prop.)
    2:5 Del.R. 778 (Final)
  • Student Progress, Grading & Reporting, Repeal of 2:2 Del.R. 171 (Prop.)
    2:4 Del.R. 686 (Final)
  • Student Rights & Responsibilities 2:1 Del.R. 112 (Final)
  • Summer School Programs, Repeal of 2:2 Del.R. 172 (Prop.)
    2:4 Del.R. 687 (Final)
  • Title I Complaint Process 2:2 Del.R. 217 (Final)
  • Unit Count 2:1 Del.R. 25 (Prop.)
    2:3 Del.R. 382 (Final)


  • Department of Finance
    Division of Revenue
  • Proposed Tax Ruling 98- , Contractors License Tax 2:1 Del.R. 40 (Prop.)
  • Proposed Technical Information Memorandum 98-2, Effect of Federal
  • Small Business Job Protection Act 2:1 Del.R. 41 (Prop.)
    2:3 Del.R. 384 (Final)

  • Office of the State Lottery
  • Video Lottery Regulations, Operations Employees, License Renewal, etc. 2:1 Del.R. 115 (Final)
  • Video Lottery Regulations, 5.2(2) Maximum Bet Limit & 7.9 Redemption Period 2:3 Del.R. 358 (Prop.)
    2:5 Del.R. 779 (Final)


  • Department of Health & Social Services
    Division of Public Health
    Office of Health Facilities Licensing & Certification
  • Managed Care Organizations 2:1 Del.R. 42 (Prop.)
    2:6 Del.R. 962 (Final)
  • Regulations Governing Lead-Based Paint Hazards 2:2 Del.R. 234 (Final)
  • Division of Social Services
  • A Better Chance/Food Stamp Program 2:1 Del.R. 118 (Final)
  • Community Support Services/Alcohol-Drug Abuse Provider Manual 2:6 Del.R. 811 (Prop.)
  • Community Support Services/Mental Health Provider Manual 2:6 Del.R. 823 (Prop.)
  • DMAP, 270.10, DMAP 301.25 & DMAP 307.60 2:3 Del.R. 385 (Final)
  • DMAP, 301.25 Composition of Budget Unit 2:2 Del.R. 219 (Final)
  • DMAP, 301.25C, Adult Expansion Population 2:3 Del.R. 387 (Final)
  • DMAP, Ambulatory Surgical Center Manual 2:4 Del.R. 495 (Prop.)
    2:6 Del.R. 985 (Final)
  • DMAP Durable Medical Equipment, EPSDT & Practitioner Provider Manuals 2:2 Del.R. 221 (Final)
  • DMAP, General Policy Manual 2:4 Del.R. 497 (Prop.)
    2:6 Del.R. 986 (Final)
  • DMAP, General Policy Manual 2:6 Del.R. 837 (Prop.)
  • DMAP, General Policy Manual, Aliens 2:1 Del.R. 67 (Prop.)
    2:3 Del.R. 389 (Final)
  • DMAP, Inpatient Hospital Manual 2:4 Del.R. 496 (Prop.)
    2:6 Del.R. 986 (Final)
  • DMAP, Outpatient Hospital Manual 2:4 Del.R. 497 (Prop.)
    2:6 Del.R. 986 (Final)
  • DMAP, Practitioner Manual 2:4 Del.R. 496 (Prop.)
    2:6 Del.R. 985 (Final)
  • DMAP, Provider Manual, Reimbursement for Services 2:1 Del.R. 66 (Prop.)
    2:3 Del.R. 389 (Final)
  • DSSM Section 3005, TANF Program 2:4 Del.R. 494 (Prop.)
  • DSSM Section 3008, Children Born to Teenage Parent 2:1 Del.R. 65 (Prop.)
    2:6 Del.R. 981 (Final)
  • DSSM Section 9007.1, Citizenship & Alien Status 2:3 Del.R. 359 (Prop.)
    2:6 Del.R. 982 (Final)
  • DSSM Section 9068, Food Stamp Program 2:2 Del.R. 174 (Prop.)
  • DSSM Section 9092, Simplified Food Stamp Program 2:2 Del.R. 174 (Prop.)
  • DSSM Section 11000 & 12000, Child Care & First Step Program 2:4 Del.R. 466 (Prop.)
  • DSSM Section 14900, Eligibility Manual 2:4 Del.R. 493 (Prop.)
    2:6 Del.R. 984 (Final)
  • DSSM Section 16000, Eligibility Manual 2:4 Del.R. 492 (Prop.)
    2:6 Del.R. 984 (Final)
  • DSSM, Title XXI, Delaware Healthy Children Program, General Policy Manual and
  • Eligibility Manual 2:4 Del.R. 485 (Prop.)
  • Long Term Care, Home Health, Ground Ambulance & Hospice Provider Manuals 2:3 Del.R. 389 (Final)
  • Long Term Care Provider Manual, Durable Medical Equipment 2:1 Del.R. 68 (Prop.)
    2:3 Del.R. 389 (Final)
  • Medicaid Eligibility Manual, Renumbering of 2:3 Del.R. 359 (Prop.)
    2:5 Del.R. 780 (Final)
  • Medical Necessity, Definition of 2:5 Del.R. 748 (Prop.)
  • Non-Emergency Transportation Provider Manual 2:6 Del.R. 837 (Prop.)
  • Non-Emergency Transportation Provider Manual, Unloaded Mileage 2:3 Del.R. 389 (Final)
  • Outpatient Hospital Provider Manual 2:6 Del.R. 836 (Prop.)
  • Pharmacy Provider Manual, Reimbursement for Services 2:1 Del.R. 67 (Prop.)
    2:3 Del.R. 389 (Final)
  • Practitioner Provider Manual 2:6 Del.R. 836 (Prop.)
  • Private Duty Nursing Manual 2:6 Del.R. 838 (Prop.)
  • Simplified Food Stamp Program, ABC Benefits 2:1 Del.R. 120 (Final)
  • Temporary Assistance for Needy Families (TANF) 2:1 Del.R. 60 (Prop.)
    2:4 Del.R. 688 (Final)
    2:5 Del.R. 744 (Prop.)
  • Work for your Welfare (Workfare) Program 2:5 Del.R. 745 (Prop.)


  • Department of Insurance
  • Regulation No. 37, Defensive Driving Course Discount (Automobiles & Motorcycles) 2:1 Del.R. 68 (Prop.)
    2:6 Del.R. 989 (Final)
  • Regulation No. 47, Education for Insurance Adjusters, Agents, Brokers, Surplus
  • Lines Brokers & Consultants 2:1 Del.R. 122 (Final)
  • Regulation No. 63, Long-Term Care Insurance 2:2 Del.R. 187 (Prop.)
  • Regulation No. 65, Workplace Safety 2:1 Del.R. 71 (Prop.)
    2:4 Del.R. 688 (Final)
  • Regulation No. 80, Standards for Prompt, Fair and Equitable Settlements of Claims for
  • Health Care Services 2:2 Del.R. 277 (Final)


  • Department of Natural Resources & Environmental Control
  • Delaware Coastal Management Program, Federal Consistency Policies 2:4 Del.R. 500 (Prop.)
  • Delaware Coastal Zone Regulations 2:5 Del.R. 749 (Prop.)

  • Division of Air & Waste Management
    Air Quality Management Section
  • Accidental Release Prevention Regulation 2:4 Del.R. 629 (Prop.)
  • Delaware Low Enhanced Inspection & Maintenance (LEIM) Program 2:2 Del.R. 234 (Final)
  • Regulation 20, New Source Performance Standards for Hospital/Medical/Infectious
  • Waste Incinerators 2:1 Del.R. 75 (Prop.)
    2:3 Del.R. 390 (Final)
  • Regulation 1 & 24, Definition of Volatile Organic Compounds (VOC) 2:1 Del.R. 74 (Prop.)
    2:4 Del.R. 690 (Final)
  • Regulation 24, Control of Volatile Organic Compound Emissions 2:5 Del.R. 761 (Prop.)
  • Regulation 38, Emission Standards for Hazardous Air Pollutants for
  • Source Categories 2:5 Del.R. 759 (Prop.)

  • Waste Management Section
  • Regulations Governing Hazardous Waste 2:6 Del.R. 994 (Final)
  • Regulations Governing Solid Waste 2:4 Del.R. 545 (Prop.)
    2:6 Del.R. 838 (Prop.)

  • Division of Fish & Wildlife
  • Boating Regulations 2:6 Del.R. 930 (Prop.)
  • Wildlife & Fresh Water Fish Regulations 2:6 Del.R. 916 (Prop.)

  • Division of Water Resources
  • NPDES General Permit Program Regulations Governing Storm Water Discharges
  • Associated with Industrial Activity 2:3 Del.R. 393 (Final)

  • Water Supply Section
  • Regulations for Licensing Water Well Contractors, Pump Installer Contractors, Well
  • Drillers, Well Drivers & Pump Installers 2:2 Del.R. 176 (Prop.)
    2:6 Del.R. 997 (Final)

  • Watershed Assessment Section
  • Total Maximum Daily Loads (TMDLs) for Indian River, Indian River Bay, and
  • Rehoboth Bay, Delaware 2:2 Del.R. 183 (Prop.)
    2:6 Del.R. 1004 (Final)
  • Total Maximum Daily Loads (TMDLs) for Nanticoke River & Broad Creek, 2:2 Del.R. 185 (Prop.)
    2:6 Del.R. 1006 (Final)


  • Department of Services for Children, Youth & Their Families
    Office of Child Care Licensing
  • Child Abuse Registry 2:1 Del.R. 129 (Final)

  • Department of State
    Office of the State Banking Commissioner
  • Regulation No. 5.121.0002, Procedures Governing the Creation & Existence
  • of an Interim Bank 2:4 Del.R. 669 (Prop.)
    2:6 Del.R. 1021 (Final)
  • Regulation No. 5.1403.0001, Procedures Governing Filings and Determinations Respecting
  • Applications for a Foreign Bank Limited Purpose Branch or Foreign Bank Agency 2:2 Del.R. 299 (Final)
  • Regulation No. 5.1403.0002, Application by a Foreign Bank for a Certificate of Authority
  • to Establish a Foreign Bank Limited Purpose Branch or Foreign Bank Agency Pursuant to 5 Delaware Code §1403 2:2 Del.R. 299 (Final)
  • Regulation No. 5.1403/1101.0003, Regulations Governing the Organization, Chartering
  • Supervision, Operation and Authority of a Delaware Foreign Bank Limited Purpose Branch, a Delaware Foreign Bank Agency and a Delaware Foreign Bank Representative Office 2:2 Del.R. 312 (Final)
  • Regulation No. 5.1422.0004, Application by a Foreign Bank for a License to Establish
  • a Foreign Bank Representative Office Pursuant to Subchapter II, Chapter 14, Title 5, Delaware Code 2:2 Del.R. 315 (Final)
  • Regulation No. 5.2102(b)/2112.0001, Mortgage Loan Brokers Operating Regulations 2:3 Del.R. 361 (Prop.)
    2:5 Del.R. 782 (Final)
  • Regulation No. 5.2210(d).0001, Licensed Lenders Operating Regulations 2:3 Del.R. 362 (Prop.)
    2:5 Del.R. 782 (Final)
  • Regulation No. 5.2218/2231.0003, Licensed Lenders Regulations Itemized Schedule
  • of Changes 2:3 Del.R. 364 (Prop.)
    2:5 Del.R. 784 (Final)
  • Regulation No. 5.2741.0001, Licensed Casher of Checks, Drafts or Money Orders Operating Regulations 2:3 Del.R. 365 (Prop.)
    2:5 Del.R. 786 (Final)
  • Regulation No. 5.2743.0002, Licensed Casher of Checks, Drafts or Money Orders
  • Posting of the Fee Schedule & Minimum Requirements for Content of Books
  • and Records 2:3 Del.R. 366 (Prop.)
    2:5 Del.R. 786 (Final)
  • Regulation No. 5.2905(e)/122(b).0001, Motor Vehicle Sales Finance Companies Minimum
  • Requirements for Content of Books and Records 2:3 Del.R. 366 (Prop.)
    2:5 Del.R. 787 (Final)
  • Regulation No. 5.2905(e).0002, Motor Vehicle Sales Finance Companies Operating
  • Regulations 2:3 Del.R. 367 (Prop.)
    2:5 Del.R. 788 (Final)
  • Regulation No. 5.3404.0001, Preneed Funeral Contracts Regulations Governing
  • Irrevocable Trust Agreements 2:2 Del.R. 319 (Final)
  • Regulation No. 5.701/774.0001, Procedures for Applications to Form a Bank, Bank &
  • Trust Company or Limited Purpose Trust Company, Pursuant to Chapter 7 of Title 5 of the Delaware Code 2:4 Del.R. 671 (Prop.)
    2:6 Del.R. 1023 (Final)
  • Regulation No. 5.751.0013, Procedures Governing the Dissolution of a State Chartered
  • Bank or Trust Company 2:2 Del.R. 296 (Final)
  • Regulation No. 5.833.0004, Application by an Out-of-State Savings Institution,
  • Out-of-State Savings & Loan Holding Company or Out-of-State Bank Holding Company to Acquire a Delaware Savings Bank or Delaware Savings and Loan Holding Company 2:4 Del.R. 673 (Prop.)
    2:6 Del.R. 1025 (Final)
  • Regulation No. 5.844.0009, Application by an Out-of-State Bank Holding Company to
  • Acquire a Delaware Bank or Bank Holding Company, 5 Del.C. 844 2:4 Del.R. 676 (Prop.)
    2:6 Del.R. 1029 (Final)
  • Regulation No. 5.853.0001P, Procedures Governing the Registration of Delaware Bank
  • Holding Companies with the Bank Commissioner Pursuant to the Provision of Section 853 of Title 5, Delaware Code, Repeal of 2:2 Del.R. 320 (Final)
  • Regulation No. 5.852.0002, Application to Become a Delaware Bank Holding Company 2:2 Del.R. 297 (Rep.)


  • Department of Transportation
  • Aeronautical Regulations 2:1 Del.R. 130 (Final)
  • Subdivision Plan Review Fee Procedures 2:4 Del.R. 693 (Final)


  • Governor's Office
  • Appointments & Nominations 2:1 Del.R. 145
    2:2 Del.R. 322
  • 2:3 Del.R. 425 2:4 Del.R. 696 2:5 Del.R. 790 2:6 Del.R. 1037
  • Executive Order No. 54 2:1 Del.R. 143
  • Executive Order No. 55 2:6 Del.R. 1033


  • Public Service Commission
  • PSC Regulation Docket No. 4, Minimum Filing Requirements for all Regulated
  • Companies Subject to the Jurisdiction of the Public Service Commission 2:1 Del.R. 81 (Prop.)
  • PSC Regulation Docket No. 10 2:6 Del.R. 946 (Prop.)
  • PSC Regulation Docket No. 12 (Track III), Rules to Govern Payphone Services 2:4 Del.R. 695 (Final)
  • PSC Regulation Docket No. 41, Implementation of the Telecommunications Technology
  • Investment Act 2:2 Del.R. 280 (Final)
  • PSC Regulation Docket No. 44, Information Required to be Filed by a Manufacturer to
  • Establish an Additional Dealer or to Relocate an Existing Dealership Pursuant to
  • 6 Del.C. 4915(a) 2:4 Del.R. 679 (Prop.)
    2:6 Del.R. 1009 (Final)
  • PSC Regulation Docket No. 45 2:6 Del.R. 954 (Prop.)


  • State Fire Prevention Commission
  • Part V, Chapter 5, Standard for the Marking, Identification, and Accessibility of Fire Lanes,
  • Exits, Fire Hydrants, Sprinkler and Standpipe Connections 2:5 Del.R. 765 (Prop.)


  • Violent Crimes Compensation Board
  • Rules XXVI, XXVIII, XXIX, XXX 2:5 Del.R. 773 (Prop.)

  • ERRATA



    The following final regulation was incorrectly published in the December issue of the Register at pages 987 - 988. The correct version is printed below.



    DEPARTMENT OF HEALTH

    AND SOCIAL SERVICES

    Division of Social Services

    Statutory Authority: 31 Delaware Code,

    Section 505 (31 Del.C. 505)



    Coverage Under The MCO Benefits Package

    Eligible MCO beneficiaries will receive two (2) insurance cards. One card will be issued by the MCO and valid for the services included in the MCO benefit package chosen by the beneficiary.

    The services listed below are included when medically necessary in the MCO Benefit Package for both the categorically eligible and expanded population and should not be billed to the Medicaid program:



    I. Physician;

    II. Inpatient and outpatient hospital - includes all pharmaceuticals and blood products;

    III. Independent laboratory;

    IV. Home health;

    V. Emergency transportation;

    VI. Medically necessary durable medical equipment/ supplies;

    VII. Podiatry;

    VIII. Optometry/optician;

    IX. Rehabilitation agency;

    X. Ambulatory surgical center;

    XI. Dialysis center;

    XII. Family planning - These services can be directly accessed by Medicaid individuals without prior authorization through any Medicaid provider (who will bill the MCO and be paid on a fee-for-service basis);

    XIII. Nurse/midwife;

    XIV. Certified registered nurse practitioner;

    XV. General medical clinic services except environmental investigation for source for lead and Preschool Developmental Diagnostic Nursery;

    XVI. EPSDT screening clinic except Part H C Multidisciplinary Assessment;

    XVII. Methadone clinic;

    XVIII. Hospice;

    XIX. Extended pregnancy;

    XX. EPSDT group and individual services;

    XXI. EPSDT nutrition services, occupational, speech and physical therapies.

    XXII. Mental health and substance abuse services: for children, up to 30 outpatient units; for adults, up to 20 outpatient days and 30 inpatient days (an unused inpatient day can be exchanged for three (3) outpatient days or two (2) residential treatment days).

    XXIII. Federally Qualified Health Center.

    XXIV. Skilled nursing services in a nursing facility up to 30 day annual limit.

    XXV. Private duty nursing services

    XXVI.[ Preschool Developmental Diagnostic Nursery (PDDN);

    XXVII. Prescribed Pediatric Extended Care (PPEC) services for clients under the age of 21.]



    Some MCOs may include additional benefits, such as eye exams and eyeglasses for adults, which are not mandated by the DMAP to be part of the basic benefit.



    Additional Services Are Covered Under The Medical Assistance Program

    The second insurance card will be a Medical Assistance card that will be used for services not covered by the MCO benefits package but reimbursed by the Medical Assistance Program. These services are often referred to as "wrap around services". The categorically eligible and the expanded population receive a different package of "wrap around services".



    Wrap Around Services that are Covered for the Categorically Eligible Medicaid Recipient

    The services listed below are not included in the MCO Benefit Package but are covered for the categorically eligible Medicaid recipient using their Medical Assistance Card:

    XXVIII. Pharmacy (only if dispensed by a pharmacy provider to a client or the client's representative for use in other than a hospital setting).

    XXIX. Extended behavioral health services authorized by the Division of Alcoholism, Drug Abuse, and Mental Health (DADAMH) for adults deemed severely and persistently ill (SPI).

    XXX. Non-emergency transportation.

    XXXI. Day health and rehabilitation.

    XXXII. Private duty nurse services that exceed 28 hours per week that are authorized by Medicaid staff.

    XXXIII. Environmental investigation for source of lead provided by DPH for recipients under age 21.

    XXXIV. [Preschool Developmental Diagnostic Nursery.]

    XXXV. Part H C Multidisciplinary Assessment.

    XXXVI. Dental clinic services for recipients under age 21.

    XXXVII. [Prescribed Pediatric Extended Care (PPEC) services for recipients under the age of 21 that are authorized by Medicaid staff.]

    XXXVIII. EPSDT/CSCRP services provided by enrolled school districts.

    XXXIX. Chronic renal disease program transportation services authorized by Medicaid staff.

    XL. Part H C developmental therapy and social work.

    XLI. Behavioral health services for children authorized by the Department of Services for Children, Youth, and Their Families.


    EMERGENCY REGULATIONS

    Symbol Key



    Roman type indicates the text existing prior to the emergency regulation being promulgated. Italic type indicates new text. Language which is stricken through indicates text being deleted.

    Emergency Regulations



    Under 29 Del.C. §10119, if an agency determines that an imminent peril to the public health, safety or welfare requires the adoption, amendment or repeal of a regulation with less than the notice required by 29 Del.C. §10115, then the following rules shall apply: (1) The agency may proceed to act without prior notice or hearing or upon any abbreviated notice and hearing that it finds practicable; (2) The order adopting, amending or repealing a regulation shall state in writing the reasons for the agency's determination that such emergency action is necessary; (3) the order effecting such action may be effective for a period of not longer than 120 days and may be renewed once for a period not exceeding 60 days; (4) When such an order is issued without any of the public procedures otherwise required or authorized by Chapter 101 of Title 29, the agency shall state as part of the order that it will receive, consider and respond to petitions by any interested person for the reconsideration or revision thereof; and (5) The agency shall submit a copy of the emergency order to the Registrar for publication in the next issue of the Register of Regulations.



    DEPARTMENT OF HEALTH AND SOCIAL SERVICES

    Division of Social Services

    Statutory Authority: 31 Delaware Code,

    Section 512 (31 Del.C. 512)



    PUBLIC NOTICE

    DIVISION OF SOCIAL SERVICES

    FOOD STAMP PROGRAM



    Delaware Health and Social Services has implemented on an emergency basis the below revision of regulations contained in the Division of Social Services Manual Section 9085 and is accepting from any interested person petitions for reconsideration or revision thereof. Such petitions must be forwarded by January 31, 1999 to the Director, Division of Social Services, P. O. Box 906, New Castle, DE 19720.



    BEFORE DELAWARE HEALTH AND

    SOCIAL SERVICES



    IN THE MATTER OF: |

    |

    REVISION OF REGULATION |

    CONTAINED IN DSSM 9085 |



    NATURE OF THE PROCEEDINGS:



    Delaware Health and Social Services has determined that a threat to the public welfare exists if revision of regulations contained in DSSM Section 9085 is not implemented without prior notice or hearing. Failure to do so would delay the Division of Social Services' effort to reduce the high food stamp error rate and puts the State in jeopardy of being sanctioned for FY 1999.



    NATURE OF PROPOSED REVISIONS:



    9085 Reporting Changes



    Certified households are required to report the following changes in circumstances:



    Changes in the sources of or in the amount of gross unearned income of more than $25, except changes in the public assistance grant or GA grant in project areas where the GA grant and the food stamp application are jointly processed. Since DSS has prior knowledge of all changes in the public assistance grant and general assistance grants, action shall be taken on the DSS information. Changes reported in person or by telephone are to be acted upon in the same manner as those reported on the change report form;



    Changes in the amount of gross earned income will be reported as follows:

    a. New source of employment, or

    b. Changes in the hourly rate or salary of current employment, or

    c. Changes in employment status from part-time to full-time.



    FINDING OF FACT



    The Department finds that these changes should be made in the best interest of the general public of the State of Delaware. The Department will receive, consider, and respond to petitions by any interested person for the reconsideration or revision thereof.



    THEREFORE, IT IS ORDERED, that the proposed revision to the regulation be adopted on an emergency basis, without prior notice or hearing, and shall become effective immediately.



    December 8, 1998

    GREGG C. SYLVESTER, MD

    SECRETARY





    Proposed Policy:



    9085 Reporting Changes



    Certified households are required to report the following changes in circumstances:



    Changes in the sources of income or in the amount of gross unearned income of more than $25, except changes in the public assistance grant or GA grant in project areas where the GA grant and the food stamp application are jointly processed. Since DSS has prior knowledge of all changes in the public assistance grant and general assistance grants, action shall be taken on the DSS information. Changes reported in person or by telephone are to be acted upon in the same manner as those reported on the change report form;



    Changes in the amount of gross earned income will be reported as follows: