Bill Text: DE SB318 | 2009-2010 | 145th General Assembly | Draft

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Bill Title: An Act To Amend Title 24 Of The Delaware Code Relating To Health Care Work For Hire Contracts.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2010-06-17 - Assigned to Health & Social Services Committee in Senate [SB318 Detail]

Download: Delaware-2009-SB318-Draft.html

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SPONSOR:	Sen. McDowell & Sen. Cloutier & Rep. Brady
	Sens. Marshall & Bonini, Reps. George, Mitchell, Plant, Oberle, Manolakos, Ramone, Miro & Kovach

DELAWARE STATE SENATE

145th GENERAL ASSEMBLY

SENATE BILL NO. 318

AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO HEALTH CARE WORK FOR HIRE CONTRACTS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1.Amend Chapter 17, Title 24, Delaware Code by adding a new subchapter to read as follows:

"Subchapter X.Health care work for hire contracts.

§ 1799 F.Definitions.

The following definitions apply to this subchapter unless otherwise expressly stated or implied by the context:

(1)                 ‘Contract' shall mean a contract for health care between a consumer and a physician or physicians whereby such physician or physicians agree to provide all needed care that is within the expertise and license of the physician(s) to perform, either by themselves or with the aid of practitioners under the control of such physician or physicians, to any person entering into a contract, and their dependents, for a certain period of time in exchange for a fee established upon entering into the contract.

(2)                 ‘Physician', for the purposes of this subchapter, shall mean a person licensed to practice medicine and surgery in this State, as well as a person licensed to practice in other medical-related fields, including but not limited to Chiropractic, Podiatry, Physical Therapy, Mental Health, Medical Imaging, and Laboratory services.

(3)                 ‘Practitioner under the control of such physician or physicians' shall mean a midwife, nurse, or physician assistant authorized to practice in this State, who provides care, and who is subject to the supervision and direction of a physician.

(4)                 ‘Consumer' shall mean any individual person entering into a contract and/or any employer entering into a contract for the benefit of its employees.

(5)                 ‘Health care' shall mean the actual provision of care that a physician and/or practitioner under the control of such physician or physicians performs.

§ 1799 G.Health care work for hire contracts.

(a)     Any physician or group of physicians may enter into a health care work for hire contract with consumers.

(b)     A health care work for hire contract falls between a one-time contract and full-time employment.

(c)     Every health care work for hire contract shall:

a.        Be written in clear, concise and easy to understand language;

b.       Fully define the services that will be provided pursuant to such contract;

c.        Specify the fee for providing such services; and

d.       Specify the period of time such services are to be provided for such fee.

(d)     The health care work for hire contract shall be limited to the provision of care specified in the contract.

(e)     The contract shall continue in force between each physician or group of physicians who enter into the contract and each individual person who pays all or any part of the cost of the contract, regardless of whether that individual person continues in the employ of any given employer, changes employers, or ceases employment, so long as all fees and charges pursuant to the contract are paid.

(f)      All fees and charges to be paid pursuant to such contracts shall be deposited by the consumer in a deposit account with a banking institution located in the State of Delaware.Moneys shall be paid out of such account only in such amount as is equivalent to the fees and charges for the agreed to services during the preceding calendar month unless otherwise agreed to by all parties to the contract.

§ 1799 H.Oversight.

(a)                 The Board of Medical Practice shall have regulatory authority governing health care work for hire contracts to ensure compliance with the provisions of this subchapter."

SYNOPSIS

This bill authorizes oversight by the Board of Medical Practice of health care work for hire contracts.

Health care work for hire contracts yield desirable effects to Delawareans as individuals and employers, as well as to the State.

Health care work for hire contracts increase access to care and elevate the quality of care for all Delawareans.

Health care work for hire contracts are portable, easing personal concerns surrounding job transition for many Delawareans and reducing impediments to transition, unshackling Delaware's economy in its effort to adjust to changing conditions.

Health care work for hire contracts save consumers and employers (including the State) significant funds.

Such savings are reflected in decreased business expense, and that increases business taxable revenue, which in turn increases tax revenue to the State from the Gross Receipts Tax, Income Tax (both business and personal), and State Unemployment Tax.

Decreased business expense also increases business net profit, and that saves jobs.

Author:Senator McDowell