Posts in Legislation

Healthcare & The Governor’s Budget

As Joe Biden once quipped, “[d]on’t tell me what you value; show me your budget and I’ll tell you what you value.” January 24^th is budget day in Delaware. The day to see Governor Carney’s values.

The Governor gave his address at 11 am at the State Archives to a packed room of journalists, legislators, and stakeholders. That afternoon, the two “money bills” representing the state budget were filed. So, let’s talk healthcare and the Governor’s Recommended Budget (GRB) of $4.433 billion. More ›

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Healthcare in Delaware’s 150th – What to Look for after the State of the State

Delaware Governor John Carney delivered his third State of the State address yesterday, January 17^th, in the Senate Chamber. For the healthcare world, what was in it was just as interesting as what was not in it. Highlights included re-emphasis of his existing benchmark proposal as well as Lt. Gov. Hall-Long’s work on mental health and addiction. Looking forward, he signaled a shift in focus to promoting healthy lifestyles, stating support to “raise the age for purchasing cigarettes from 18 to 21.” We’ll unpack these a little more below, but interestingly what didn’t make it in there was any talk about the outcomes of the Medicaid Buy-In Task Force (to not buy the lede – Delaware may become an individual mandate state) or the Primary Care Collaborative, both of which released major reports just a few weeks ago. More ›

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Guns, Guns, and Guns – Tarasoff 3.0?

No topic has been hotter in the Delaware legislature this year than gun control. Some view gun violence as a public health crisis and several industry groups have taken positions on the various gun bills. While we’ll briefly touch on some of the broader subjects being discussed, we’re going to hone in on how legislation this session has the potential to change the Delaware healthcare landscape in terms of healthcare professionals’ reporting requirements. Right now our general overall summary of the session from a tangle of proposals (with a few weeks to go) can be summed up as: yes red flag laws, maybe with many caveats on gun accessories, and no to weapon bans. Our major recommendation so far to the Delaware healthcare industry is that mental health professionals seek legal guidance in revamping their policies and procedures for dealing with patients who may be a danger to themselves.

The total number of filings on bump stocks, magazine sizes, purchase age, bans, and protection orders has already reached the double digits. While most of these bills that make it to the agenda clear the Democratic supermajority House, they seem to be stalling in the Senate – a la SB 163 the assault weapon ban that failed to even get out of committee – or get “ping ponged” back to the House with new wrinkles and amendments. Perhaps a reminder that the Senate is a one-vote Democratic majority and that Delaware is in many ways a purple state.  One bill emerged as a clear exception to all the rules. House Bill 302, the “Beau Biden Gun Violence Prevention Act” sponsored by Representative David Bentz, mustered unanimous votes and was signed into law in April. Known as a “red flag” law, it is the successor to House Bill 88 of 2013 which was proposed out of then-Attorney General Beau Biden’s office. House Bill 88 passed the House unanimously, but failed in the Senate. More ›

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Let’s Talk Healthcare Law June 30th – The 149th Delaware General Assembly Deadline

Over the course of the next few weeks Morris James is going to tell you everything you need to know about healthcare bills that should be on your radar as we close out this legislative session. Guns, mental health, opiates, primary care reform, marijuana, and “the Benchmark” are all on the radar screen. If the world was created in seven days, we can give you that many days of posts to set the healthcare law table on the 149^th on each of these topics.  Of course, there are always a few “June Surprises” as well that we’ll stay on top of for you.

First, to understand these bills, let’s place them in the right historic context; nothing does that like the budget. In the words of Delaware’s own Vice President Joe Biden, “Don't tell me what you value, show me your budget, and I'll tell you what you value.”  So this first post will be about the 2018 Budget and “one time investments.”  After the 2017 “shared sacrifice” budget battle and cuts that led to the first late budget in nearly fifty years, it is hard now to reconcile that the state has nearly $430 million in “surplus” revenue as we enter the final month of the 149^th Session. For many legislators, this is the first session in their careers that is not predicated on finding cuts and generating revenue. In that context, Governor Carney has been strongly urging caution.  “One-time revenues for one-time investments” is the mantra from the executive branch. Governor Carney consistently urges that the fundamental budget still has long-term structural flaws and that putting budget dollars into continued programming may lead to the legislature having to cut that very same programming in the near future.  More ›

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Astra Zeneca Job Losses and Closings: The Impact on Delaware’s Healthcare Industry

As reported by the News Journal, Astra Zeneca is pulling over 1,000 jobs out of Delaware and demolishing its labs on Route 202.  Here is a quick hit from the Morris James Healthcare Industry Team on the issues this raises for Delaware’s healthcare industry. Intellectual Property: "Astra Zeneca's business decision demonstrates the impact of federal patent law at the local level.  Expiration of many of Astra Zeneca's current drug patents and fewer new drugs in the pipeline that are patent eligible is likely a driver in the business thinking here." Kenneth L. Dorsney, Esq. Intellectual Property More ›

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