ADVOCATE

Advocacy for Elder Care and Long-Term Reform

Robert Stewart, his family and fellow advocates worked with Alzheimer’s Association and Delaware Elder Care Advocacy Coalition to get bills passed in Delaware Legislature 151st General Assembly 2024 (January-June).

• Senate Bill 215- This bill amends Title 16 of the Delaware Code relating to state inspections of long-term care facilities (skilled nursing facilities and assisted living facilities) to require inspections on a frequency aligned with the Centers for Medicare & Medicaid Services (CMS
• Senate Bill 216- This bill increases the civil penalties for violations of statutes related to Long Term Care Facilities that are determined to pose a serious threat to the health and safety of a resident.
• Senate Bill 150- This bill defines dementia care services and activity services, and it requires assisted living facilities that offer dementia care services have sufficient staff to meet the needs of each resident, including a sufficient number of dedicated activity staff. It also requires that the staff who work with residents receiving dementia care services complete dementia care services training and identifies certain requirements for such training. A DHSS resource is required to oversee the program. A reclassification of an open role is needed.
• Senate Bill 151- This bill requires assisted living facilities that advertises, markets, or otherwise represents that the facility provides dementia care services disclose information related to these services. With a standardized form, families can compare facilities to make an informed decision on where to place their loved one. A DHSS resource is required to oversee the program. A reclassification of an open role is needed.
• House Bill 300- This bill requires the Department of Health and Social Services to maintain a public registry of assisted living facilities that are accredited and/or certified to provide memory care services by an approved independent accrediting organization. It also defines memory care services and secured memory care unit. Status: A draft licensure form has been created to document accreditation status. Updates to integrate this into the assisted living facility regulations are in progress

• House Bill 204- This bill requires temporary staffing agencies with positions in long term care facilities to report several records to the Division of Health Care Quality. Status: Draft regulations were circulated to long-term care associations and shared with both facilities and the temporary staffing agencies they use. Comments have been reviewed, and the draft is now under legal review. The fiscal note was removed based on the assumption that registration fees would support the staffing needed to implement the bill. At this time, no new staff have been added, so the Division of Health Care Quality (DHCQ) is moving forward as capacity allows.

This past 152nd General Assembly Advocate groups worked to make sure fiscal notes were satisfied on some of those bills and regulations were written to have them properly implemented.
• SB215 - Status: Inspections have begun and are ongoing. As of May 15, 2025, all nursing homes and assisted living facilities have had a survey within the required timeframe. I
• SB216 - Status: Implementation is in progress. The increased penalties have been imposed as part of the regulatory response.
• SB150 - A DHSS resource is required to oversee the program. A reclassification of an open role is needed. Status: The reclassifications are still working their way through the process.
• SB151 - A DHSS resource is required to oversee the program. A reclassification of an open role is needed. Status: The reclassifications are still working their way through the process.
• HB300 - Status: A draft licensure form has been created to document