Del. Code tit. 31 § 502

Current through 2024 Legislative Session Act Chapter 510
Section 502 - [Effective 1/1/2025] Definitions

As used in this chapter:

(1) "Applicant" means any person or family who applies for assistance or welfare services or on whose behalf such application is made under the terms of this chapter.
(2) "Assistance" means assistance to or on behalf of eligible needy persons or eligible families to enable them to improve their standard of living, including money payments, child care, job training, education, other support services, medical or surgical care, dental care, nursing, burial, board and care in a private institution, adult foster care, rest residential facility for adults, public medical institution as a patient, or such other aid as may be deemed necessary.
(3) "Carrier" means any entity that provides health insurance under § 505(3) of this title.
(4) "Dental care" means payment of all or part of the costs on behalf of an eligible recipient for preventive and restorative treatment which the Department of Health and Social Services authorizes by regulation.
(5) "Employable" refers to any person who:
a. Is between the ages of 18 and 54; and who
b. Is determined by the Department of Health and Social Services (pursuant to published regulations developed in consultation with the Department of Labor) to be physically and mentally able to work.
(6) "Medical advisory committee" means a committee appointed by the Secretary of the Department of Health and Social Services, composed of representatives from the field of medicine, osteopathy, dentistry, nursing, pharmacy, hospital services and such other fields concerned with health as the Secretary of the Department of Health and Social Services may deem appropriate, to provide to the board advice, recommendations and assistance in the formulation and administration of programs of medical and health care.
(7) "Medical assistance" means medical or dental care furnished on behalf of recipients who are eligible for assistance in any of the categories in § 505 of this title.
(8) "Medical care" means payment of all or part of the costs on behalf of eligible recipients; provided, that such payments are within the limitations of the funds appropriated by the General Assembly and the United States Congress for this purpose, for any of the following:
a. Inpatient hospital services.
b. Outpatient hospital services.
c. Other laboratory and X-ray services.
d. Nursing services.
e. Physician's services, whether furnished in the office, the patient's house, a hospital, a skilled nursing home or elsewhere.
f. Pharmacist's services, whether furnished in the office, the patient's house, a hospital, a skilled nursing facility, an assisted living facility, a pharmacy, a federally qualified health center, a rural health clinic, or elsewhere.
g. Drugs and medicine.
h. Such other health services and supplies as specified by the Department on recommendation by the Medical Advisory Committee.

Such payments may be made only to persons, institutions, and entities which meet the standards as established by the Department of Health and Social Services and which promote safe and adequate treatment of individuals in the interest of public health and safety.

(9) "Recipient" means any person or family to whom or for whom assistance is paid under this chapter.
(10) "Standard of need" means the subsistence level for a decent standard of living established by regulations of the Department of Health and Social Services.
(11) "Unemployable" means not employable.
(12) "Underemployment" and "unemployment" means as defined under regulations of the Department of Health and Social Services in consultation with the Department of Labor.

31 Del. C. § 502

Amended by Laws 2023, ch. 402,s 1, eff. 1/1/2025.
Amended by Laws 2023, ch. 421,s 5, eff. 1/1/2025.
Amended by Laws 2019 , ch. 290, s.s 1, eff. 4/1/2020 and s 5 eff. 10/1/2020.
Amended by Laws 2019 , ch. 187, s 1, eff. 4/1/2020.
31 Del. C. 1953, § 502; 50 Del. Laws, c. 278, § 5; 53 Del. Laws, c. 409, § 1; 54 Del. Laws, c. 359, § 1; 55 Del. Laws, c. 367, §§ 1, 2; 56 Del. Laws, c. 332, §§ 1-4; 57 Del. Laws, c. 591, § 34; 58 Del. Laws, c. 135, § 1; 58 Del. Laws, c. 341, § 4; 58 Del. Laws, c. 511, §§ 65, 66; 70 Del. Laws, c. 65, §§ 3 - 10.;
Section 6 of the amending legislation by Act Chapter 421 provides that the Department of Health and Social Services shall apply to the United States Department of Health and Human Services for any amendment to the state Medicaid plan or for any Medicaid waiver necessary to implement Section 5 of the Act. The office shall submit the Medicaid state plan amendment by December 31, 2024.
This section is set out more than once due to postponed, multiple, or conflicting amendments.