Section 5201 - DefinitionsFor purposes of this chapter:
(1) "Chronic care management" means the services in the Chronic Care Management Services program, as administered by the Centers for Medicare and Medicaid Services, and includes Current Procedural Terminology ("CPT") codes 99487, 99489, and 99490.(2) An "eligible child dependent" is one who is: a. The child of a regular officer, employee or eligible pensioner or spouse of a regular officer, employee or eligible pensioner, either by birth or adoption, who is under the age of 26 or is unmarried, regardless of age, and incapable of self support because of an intellectual, mental or physical disability which existed before age 21; or b. An unmarried child under the age of 19 years or the age of 24 if a full time student who depends for support upon and resides with a regular officer, employee or eligible pensioner in a regular parent-child relationship and qualifies as a dependent of the regular officer, employee or eligible pensioner under Internal Revenue Code § 105 [ 26 U.S.C. § 105 ].(3)a. "Eligible pensioner" means any of the following: 1. An individual who is receiving or is eligible to receive retirement benefits in accordance with the state employees' pension plan under Chapters 53 and 55 of this title, the State Police pension plan under subchapter II and subchapter III of Chapter 83 of Title 11, the pension plan for state judiciary under Chapter 56 of this title, or is receiving retirement or disability benefits under the teachers' retirement and disability plan under Chapter 39 of Title 14. 2. Individuals who were employed by the county prothonotary offices immediately prior to October 1, 1987, and who chose to remain in their respective county pension plans and who would otherwise be eligible to receive retirement benefits in accordance with the state employees' pension plan under Chapters 53 and 55 of this title. 3. Employees who are receiving disability benefits under § 5253(c) of this title.b. For purposes of § 5202(a) & (b) of this title, "eligible pensioner" includes the eligible pensioner's eligible spouse and child dependents.(4) "FDA" means the Food and Drug Administration. (5) "First employed" means the date when the eligible pensioner was first employed as a regular officer or employee.(6) "Mandatory retirement" means mandatory retirement under § 8361 of Title 11.(7) "Maximum state share" means the amount of the premium that the State pays for a plan on behalf of a regular officer or employee or an eligible pensioner before the proration ratio is applied under § 5202(b) of this title.(8) "Medicare" means the federal Medicare Program, 42 U.S.C. § 1395 et seq.; U.S. Public Law 89-87, as as amended.(9) "Plan" means a health-care insurance plan provided under this chapter.(10) "Premium" means the total premium or subscription charge for a plan.(11) "Primary care" means health care provided by a physician or an individual licensed under Title 24 to provide health care, with whom the patient has initial contact and by whom the patient may be referred to a specialist and includes family practice, pediatrics, internal medicine, and geriatrics.(12)a. "Regular officer or employee" means any of the following:1. An individual who works the regularly scheduled full-time hours of the employing agency.2. An individual who works at least 30 or more hours per week or 130 hours per month, with allowable interruptions, in a position of a continuing nature on a regular schedule expected to last at least 1 year from the date of initial appointment. The appointing authority shall determine at the time of appointment the qualifications of an appointee regarding the continuing nature and appointment duration criteria under this paragraph (12)a.2. 3. An employee who is receiving disability benefits under § 5253(b) of this title.4. A member of a board or commission, if the member qualified for and was receiving coverage under the State group health insurance contract on January 1, 1993, as a member of that board or commission.b. A regular officer or employee called to active duty with Guard or Reserve for other than training purposes is deemed to be a "regular officer or employee" for the period of active duty until the period of active duty reaches 2 years.c. "Regular officer or employee" does not include any of the following:1. An employee appointed to a temporary or seasonal position.2. A member of a board or commission, except as provided under paragraph (12)a.4. of this section.(12) "Therapeutic equivalent" means a contraceptive drug, device, or product that is all of the following: a. Approved as safe and effective. b. Pharmaceutically equivalent to another contraceptive drug, device, or product in that it contains an identical amount of the same active drug ingredient in the same dosage form and route of administration and meets compendial or other applicable standards of strength, quality, purity, and identity. c Assigned, by the FDA the same therapeutic equivalence code as another contraceptive drug, device or product.Amended by Laws 2023, ch. 475,s 1, eff. 10/1/2024.Amended by Laws 2023, ch. 470,s 1, eff. 9/30/2024.Amended by Laws 2023 , ch. 218, s 1, eff. 1/1/2024.Amended by Laws 2017 , ch. 392, s 7, eff. 1/1/2019.Amended by Laws 2017 , ch. 323, s 3, eff. 7/11/2018.29 Del. C. 1953, § 5201; 57 Del. Laws, c. 319; 58 Del. Laws, c. 27; 62 Del. Laws, c. 158, §1; 63 Del. Laws, c. 408, §1; 64 Del. Laws, c. 297, §1; 65 Del. Laws, c. 449, §§1, 2; 67 Del. Laws, c. 47, §61; 68 Del. Laws, c. 8, §2; 69 Del. Laws, c. 64, §§27, 65; 70 Del. Laws, c. 118, § 30; 71 Del. Laws, c. 132, § 35; 71 Del. Laws, c. 354, § 40; 72 Del. Laws, c. 94, §§ 37, 41; 72 Del. Laws, c. 204, § 3; 74 Del. Laws, c. 421, § 3; 75 Del. Laws, c. 191, § 4; 75 Del. Laws, c. 227, §§ 2, 3; 76 Del. Laws, c. 280, § 34; 78 Del. Laws, c. 18, § 1; 78 Del. Laws, c. 78, § 24; 78 Del. Laws, c. 179, § 275.;Section 3 of the relevant 2024 legislation provides that: "(1) The only substantive policy change made to existing law under this Act (Chapter 470) is under § 5202(b)(3)d. of Title 29, which changes the amount of the premium for a health-care insurance plan that this State will pay on behalf of eligible pensioners who were first employed as a regular officer or employee on or after January 1, 2025, and who are not subject to mandatory retirement. (2) All other revisions to current law under this Act are technical changes to improve clarity and conform existing law to the standards of the Delaware Legislative Drafting Manual. These technical changes include the addition of new defined terms and the reorganization of existing law."