Each Delaware General Assembly convenes for two years in between election cycles. The first “leg” of the 152nd wrapped on June 30, 2023. The second “leg” will begin on January 9, 2024. Bills not passed in the first “leg” carry over from the first “leg” to the second “leg”. (Note that legislation not passed by the end of the second “leg” will not carry over to the Next General Assembly. However, MSD physicians have been engaged in critical health care issues to ensure legislators are ready for session in January.

MSD, along with the Delaware Healthcare Association (DHA), authored a bill to significantly reform the prior authorization process. SB 10, the "Delaware Pre-Authorization Reform Act of 2023," was introduced on June 8.  In the off session, MSD is spear-heading working with Senator Townsend, the bill sponsor, DHA, payors, physicians, and critical stakeholders to ensure bill is ready to be discussed in committee at the opening of the session. The Association of Health Insurance Plans (AHIP) and the American Medical Association (AMA) have both provided feedback and comments on the bill. While AHIP is relying heavily on existing language of the signed Pennsylvania Prior Authorization Bill, representatives from the AMA believe that the bill could be augmented by enhancing timelines and patient protections.  MSD is working on your behalf to streamline the prior authorization process and improve patient outcomes.

For additional information or to arrange a meeting with Dr. Richard Henderson, Chair of the Government Affairs Committee, please contact Lisa Gruss at Lisa.Gruss@medsocdel.org.

Primary Care Reform remains a strategic priority for MSD. Our physicians have continued crucial conversations with Senator Townsend, the bill’s sponsor, in the off-season about concerns in the delays of implementation of SB 120. Our goal is to put together an action plan to ensure we are moving forward in a strategic and targeted way to ensure Delaware’s Primary Care Physicians are reimbursed for the great care they provide their patients. We have identified necessary changes in the current legislation to adapt to the regulatory process. In parallel, the Primary Care Reform Collaborative (PCRC) of the Delaware Health Care Commission (DHCC) have also begun steps to ensure this legislation is implemented, including hiring a team of consultants and establishing a strategic committee. The model proposed by the consultants based on a PMPM amount with a Standard Quality Incentive (SQI) (E&M codes) and prospective Continuous Quality Incentive (CQI) (value-based care transformation) components. The other consideration is that Delaware is looking at applying for a new CMMI grant. MSD will continue to work with the bill sponsor and advocate for primary care reform to ensure agreements are met. MSD physicians are members of the DHCC and PCRC. To join these meetings as a public member, check out the state’s public meeting calendar and select “Delaware Health Care Commission” as the agency.  

MSD hosted a small work group of Delaware physicians and stakeholders to address Educational Transparency (Title Misappropriation) and what the physicians would like to achieve through legislation. In DE, statutory language exists regarding the use of the word “doctor” in the clinical setting.  However, with the growth of the digital age and advertising, additional clarity it needed within the legislation to ensure transparency to the patient as well as their safety. MSD is in the process of coordinating meeting with the bill sponsor, Representative Minor-Brown. If you would like to provide any feedback on this legislative issue, please reach out to Lisa Gruss.     

Lastly, MSD is preparing for an upcoming meeting with Senator Mantzavinos, the bill sponsor for SB 283 (151) and its sister bill SB 185 related to continuing education for dementia/ Alzheimer’s. MSD has made it clear that legislation regarding CME is not the ideal pathway to improving patient care. The CME component was successfully removed from a HB 227 Lead Poisoning Prevention earlier in the year. SB 185 delays the implementation of SB 283 “to allow the Division of Professional Regulation (DPR) more time to implement these requirements”. MSD is seeking additional time with the bill sponsor to address the broader need for education and a better path forward. 

Did you know?

The Legislature meets on Tuesdays, Wednesday, and Thursdays between the second Tuesday of January and June 30th (and it’s not every week). And, due to a Constitutional provision, they meet every June 30 regardless of the day of the week!

You don’t have to be on the MSD Government Affairs Committee to be active in advocacy. However, if you are at Legislative Hall to speak on behalf of MSD, it must be coordinated with MSD leadership and in accordance with officially adopted MSD policy positions. Your involvement is valued and we would like to help you represent MSD. If you would like to support MSD by testifying or being onsite at a Legislative Session, please contact Lisa Gruss with your area of interest (mental health, prior authorization, insurance, etc.) and what days of the week are better for you! Click here for the 2024 legislative calendar. Please let us know if you would just like to learn more about the legislative process. 

Mark your Calendars!

Pubs & Politics

If you were not able to join us at BrickWorks in Smyrna on October 11, please hold the date for December 5, 5:30 pm at Iron Hill Brewery, Wilmington. Registration coming soon!

For more details on specific legislation, 

If you have questions, please contact Mark B. Thompson, MHSA, Executive Director at 302-444-6958, Mark.Thompson@medsocdel.org or Lincoln Willis, lobbyist at 302-632-9898 or Lincoln.Willis@TheWillisGroupLLC.com.

MSD actively monitors all health-related legislation and maintains an active and visible presence in Legislative Hall on your behalf.

The Medical Society of Delaware Legislative e-Updates are a benefit to our members, providing information on legislative activity of interest in the 152nd General Assembly in Dover.