(a)Establishment; composition.—
The Hospital Quality and Health Equity Assessment Commission is established, consisting of the following members, or a designee of a member serving by virtue of position:
(1) The Secretary of the Department of Health and Social Services.
(2) The Director of the Division of Medicaid and Medical Assistance.
(3) The Director of the Office of Management and Budget.
(4) The Chair of the Senate’s Health and Social Services Committee.
(5) The Chair of the House of Representatives’ Health and Human Development Committee.
(6) One member of the House of Representatives Minority Caucus, appointed by the Speaker of the House of Representatives.
(7) One member of the Senate Minority Caucus, appointed by President Pro Tempore of the Senate.
(8) The Chief Executive Officer of the Delaware Healthcare Association.
(9) The Chair of the Delaware Healthcare Association’s Board of Directors.
(10) Two members of facilities subject to payment of the assessment, 1 of whom must be a member qualified to represent the interests of behavioral or rehabilitation hospitals, appointed by the Governor from a list recommended by the Delaware Healthcare Association.
(b)Term of appointment; compensation; administrative support. —(1) Members of the Commission appointed to the Commission and not serving by virtue of their position serve for a term of 2 years, or until a successor is appointed, and may be reappointed for subsequent terms.
(2) Members of the Commission serve without compensation.
(3) The Department shall provide administrative support for the Commission, and all expenses of the Commission, including fees for consultants, if determined necessary, may be paid from the Fund as authorized in § 1043(c)(4) of this title.
(c)Chair; quorum. —(1) The Secretary of the Department of Health and Social Services shall serve as Chair of the Commission.
(2) A majority of the members, whether present in person or virtually, constitute a quorum for the transaction of business.
(d) Duties and authority of the Commission. — (1) The Commission shall meet as follows:
a. At least once before the date the first remittance of the assessment imposed under § 1032 of this title is due and, thereafter, at least once a year.
b. At the call of the Chair for the purpose of reviewing implementation of the assessment and taking actions necessary in furtherance of this subchapter and subchapter II of this chapter.
(2) At each Commission meeting under paragraph (d)(1)a. of this section, the Division of Medicaid and Medical Assistance shall report to the Commission as to the following:
a. A description of the assessment and its implementation for the ensuing fiscal year.
b. Projections of the Federal Medical Assistance Percentage (FMAP).
c. Projections of each hospital’s estimated assessment.
d. A summary of the Fund balance and expenditures made or budgeted during the current fiscal year and the projected Fund balance and expenditures planned in the ensuing fiscal year.
e. Any draft or submitted preprints, Medicaid Plan amendments, or other submissions made or prepared by the State to CMS to establish or implement the assessment.
f. The status of any discussions or negotiations with CMS related to the assessment and any modifications necessary to assure continued eligibility under Title XIX of the Social Security Act, 42 U.S.C. § 1396 et seq.
g. Any matters communicated by CMS relating to potential changes to federal rules or eligibility criteria that may affect implementation of the assessment or the expenditure of moneys from the Fund.
h. The status of updates to tax data to account for new facilities, closed facilities, merged facilities, and triennial base-year updates.
i. The mechanism and process for hospitals to verify any data submitted by the State to CMS.
(e)Modifications. —(1) The Commission shall, in collaboration with the Division of Medicaid and Medical Assistance and the Delaware Health Care Commission, develop and recommend to the General Assembly modifications of subchapter II of this chapter and this subchapter necessary to assure the assessment imposed under § 1032 of this title meets eligibility requirements for federal financial participation under Title XIX of the Social Security Act, 42 U.S.C. § 1396 et seq.
(2) The Commission shall meet to develop and approve recommendations to the General Assembly with regard to modifications of subchapter II of this chapter and this subchapter.
(3) The Commission shall submit a report to the General Assembly detailing any recommended modifications of Subchapter II of this chapter or this subchapter approved by the Commission. The report shall include a redline showing any recommended changes. The Commission shall submit the report to all of the following:
a. The President Pro Tempore and Secretary of the Senate, for distribution to all Senators.
b. The Speaker and Chief Clerk of the House of Representatives, for distribution to all Representatives.
c. The Controller General.
d. The Director and Librarian of the Division of Legislative Services.
(f)Proceedings before Commission. —(1) The Commission is a public body, subject to the open meetings requirement of § 10004 of Title 29; provided, however, that the Commission may schedule and conduct private meetings with hospitals when the content of the discussion will include information that is commercial or financial information of a privileged or confidential nature.
(2) Any patient information and financial, utilization, or other data is confidential and not subject to disclosure under Chapter 100 of Title 29.