Hospitals Ask Outgoing Governor to Abstain from Appointing Oversight Board Members

Citing pending litigation and ongoing discussions with the incoming Matt Meyer administration, the organization representing Delaware's hospitals has asked Gov. John Carney to avoid appointing members to a new board overseeing hospital spending.

Brian Frazee, the President and CEO of the Delaware Healthcare Association, made the request in a letter sent to Gov. Carney on Wednesday that included the following statement: "Please avoid potential confusion and uncertainty by enabling the next administration, legislative leaders, and the courts to resolve the critical issue before appointments are made to this board."

Governor-elect Meyer will be sworn into office on January 21st.

House Substitute 2 for House Bill 350 (as amended) passed the General Assembly earlier this year in a contested vote that essentially broke along party lines. Gov. Carney and House and Senate Democrats leveraged their control of the lawmaking process to enact the legislation despite the concerns expressed by healthcare providers. The measure was signed into law in mid-June.

Under the new law, the governor appoints seven members to the Diamond State Hospital Cost Review Board. Hospitals must submit their operating budgets, capital budgets, recent expenditures, and workforce development efforts to the board for annual review. Hospitals with budgets exceeding a benchmark targeted growth rate set by the state or failing to meet other performance parameters can be forced to revise their plans. The law allows the board to coerce compliance by imposing fines of up to $500,000 on hospitals.

ChristianaCare filed a lawsuit in Chancery Court in late July seeking to overturn the law that targets the state's nonprofit hospitals. All of Delaware's general acute care and pediatric hospitals are nonprofit organizations. ChristianaCare operates two hospitals in northern New Castle County.

ChristianaCare's complaint asserts that the law violates Delaware's general corporation statutes and the state constitution by seizing the decision-making authority of private non-profit hospitals and giving it to the "unelected and unaccountable" Diamond State Hospital Cost Review Board.

The complaint also argues that the law contradicts the U.S. Constitution by taking over private hospital governance and budgets, forcing them to disclose confidential information, and unjustly focusing on their operations.

All the members of the House Republican Caucus opposed the legislation citing its highly intrusive nature and warning that it would hamper hospitals' ability to invest in new equipment and facilities, degrading responsiveness and eroding the quality of healthcare statewide. They also cited examples of negative consequences from similar laws enacted in other states, like Vermont.

OPINION

Why Delaware Needs a Secretary of Veterans Affairs

By State Rep. Jeff Hilovsky

As a veteran and a wartime medical commander, I have witnessed firsthand the sacrifices, courage, and unwavering commitment of the men and women who have served in our armed forces.

Veterans took an oath to support and defend the U.S. Constitution. Shaped by George Washington and established in 1778 by the Continental Congress, this pledge emphasizes all veterans' commitment to uphold freedom, liberty, and democracy. We owe them all a debt for protecting our nation and the bedrock principles on which it rests from threats, both foreign and domestic.

Military service is relatively rare in the U.S. Currently, fewer than five out of every 1,000 Americans actively serve in the National Guard or one of the six armed forces. Still, about 7% of our population, including about 70,000 Delawareans, have spent time in service to our nation. 

The following are five compelling reasons we need a cabinet-level Delaware Secretary of Veterans Affairs:

1. Representing Veterans' Interests:

Veterans need a strong, dedicated advocate within state government. A cabinet-level secretary would provide direct access to the governor and other key decision-makers, ensuring that veterans' needs and concerns are prioritized during the creation of public policy.

2. Addressing Health Care Needs:

Many veterans require specialized medical care due to their past military service, including the lasting effects of toxic exposure and physical injuries. For some veterans, their wounds are psychological, rooted in experiences too horrible to forget and too challenging to handle without skilled assistance and care. Nationwide, 24 veterans commit suicide every day. 

By establishing a cabinet-level secretary, Delaware can more effectively coordinate healthcare services, including the expansion of facilities and medical programs specifically tailored to veterans' needs, increasing timely access to treatment closer to home. 

Additionally, the term “homeless veteran” is so sadly, disturbingly common that it has almost become a tragic cliché. Every veteran should have access to safe, affordable housing.

3. Improving Accessibility to Benefits:

Navigating the bureaucratic web to access veterans' benefits can be daunting. Veterans Service Officers (VSOs) are crucial in getting veterans access to what they’ve earned. By increasing the number of VSOs and streamlining the claims process, a Secretary of Veterans Affairs could improve financial stability, reduce stress, and enhance veterans' and their families' overall quality of life.

4. Legislative Advocacy:

The Secretary of Veterans Affairs would advocate for legislation benefiting veterans—something we presently lack. Only about 10% of state lawmakers are veterans.

We need to pass the "Claim Shark" bill to protect veterans from exploitation, increase funding to hire more VSOs, and partner with the members of our Congressional delegation to expand access to federal benefits and programs that are not yet readily available in Delaware. 

A Secretary of Veterans Affairs would be a powerful voice for increasing the state income tax exclusion for military pensions. This investment would pay huge dividends, making Delaware a more attractive destination for veterans, adding to our skilled workforce, fostering business creation and job development, and sparking economic activity. 

5. Enhancing Community Engagement:

Veterans often possess leadership and collaborative skills that can significantly benefit any community they join. By providing better support and services, Delaware can encourage veterans to be more active within their communities, volunteering and mentoring. This engagement can have a positive ripple effect, strengthening community bonds and nurturing a sense of shared purpose.



Conclusion

Creating a cabinet-level Secretary of Veterans Affairs is a practical, necessary step to ensure that our veterans are honored, have a meaningful role in making policy decisions, and receive the care and support they deserve. 

Consumer Protection Law Takes Effect Soon

A new law to protect Delawareans from unwanted cyber intrusion is set to take effect in about five weeks.

The Delaware Personal Data Privacy Act was passed by the General Assembly last year with broad bipartisan support, clearing the House of Representatives by a vote of 37 to 3.

The measure delineates consumers' personal data rights. It provides that Delawareans have the right to know what information is being collected about them, see the information, correct any inaccuracies, or request deletion of their personal data that businesses or others are maintaining.

The Department of Justice (DOJ), which has enforcement authority for the statute, has posted information to educate consumers and business owners before the law's effective date, January 1, 2025.

Click here to learn more.

Lawmaker Honored for Work on Sportsmen's Issues

State Rep. Jeff Spiegelman (R-Townsend, Clayton) was recognized earlier this week by the National Association of Sportsmen's Caucuses (NASC) for his leadership on issues impacting hunters and anglers.

Rep. Spiegelman is one of the four co-chairs of the Delaware Sportsmen's Caucus, an informal, bipartisan group of Delaware lawmakers that provides a forum to explore and act on initiatives to protect and facilitate outdoor sporting activities. The other co-chairs are State Rep. William Carson (D-Smyrna), State Sen. Brian Pettyjohn (R-Georgetown), and State Sen. Nicole Poore (D-New Castle).

The award presentation was made at the 21st Annual NASC Sportsman-Legislator Summit. The multi-day event provides a venue for state legislators to discuss policy issues, develop a shared vision for the future, and highlight sportsmen and women's contributions to conservation.