(a) Hospitals shall annually submit to the Board any of the following information required by the Board under rules, regulations, and guidance promulgated under this subchapter, including the Manual:
(1) The hospital’s expenditures and revenues for the most recently completed fiscal year, including the financial information described in paragraph (a)(3) of this section, redlined to reflect increases and changes from the fiscal year immediately preceding such fiscal year.
(2) [Repealed.]
(3) Financial information, including all of the following:
a. Costs of operations.
b. Revenues.
c. Assets.
d. Liabilities.
e. Rates and charges in accordance with paragraph (a)(8) of this section.
f. Labor costs by units of service and budget category.
(4) Scope of services and volume of service information, including inpatient services, outpatient services, and ancillary services by type of service provided.
(5) Utilization information.
(6), (7) [Repealed.]
(8) Information about payments by payers and purchasers consistent with information subject to public disclosure required by 45 C.F.R. Part 180.
(9) Other information the Board determines to be relevant to the Board’s obligations under this section, including information relevant to any determination by the Board under paragraph (d)(7)c. of this section.
(10) A narrative regarding the budget reporting categories of this subsection, outlining the changes in the year-over-year results and the actions the hospital has taken and will take in the coming year to adhere to the health-care spending benchmark.
(b) Hospitals shall submit audited financial statements to the Board, within 30 days of such audited financial statements becoming finalized. This requirement begins with audited financial statements for 2023.
(c) [Repealed.]
(d) The Board shall do all of the following:
(1) Review utilization information.
(2) Analyze and consider the other information submitted by the hospital under subsections (a) and (b) of this section.
(3) Meet with each hospital to review and discuss each hospital’s budget information.
(4) Review the hospital’s investments in workforce development initiatives.
(5) Consider the salaries for the hospital’s executive and clinical leadership whose compensation is publicly disclosed in the hospital’s Internal Revenue Service Form 990 filings.
(6) Offer the opportunity for the public to provide comment on hospital budgets and other aspects of hospital costs.
(7) Issue written findings of fact and determinations as to any of the following:
a. Whether a hospital has satisfied the State’s health-care spending policy directives, including, as applicable, the health-care spending benchmark and the annual rate filing cost containment requirements under § 2503 of Title 18.
b. Whether a hospital has satisfied the elements of the hospital’s benchmark compliance plan, if applicable.
c. On the application of a hospital, whether the hospital is participating in a Meaningful Cost Containment Arrangement and therefore is not subject to the benchmark compliance plan process under § 9954 of this title for the applicable benchmark compliance plan year.
1. The application must include a written attestation from the hospital’s chief executive officer of all of the following:
A. That the hospital is not in breach of any material provision of the Meaningful Cost Containment Arrangement.
B. That the hospital has not received a waiver of any penalties during the term of the Meaningful Cost Containment Arrangement.
C. That the penalties and risk provisions of the Meaningful Cost Containment Arrangement have not been modified during the term of the Meaningful Cost Containment Arrangement.
2. If during the applicable benchmark compliance year the hospital breaches any material provision of, receives a waiver of any penalties under, or negotiates new terms of the Meaningful Cost Containment Arrangement, the hospital shall notify the Board.
(e) A hospital’s violation of the Board’s standards and procedures is subject to enforcement under § 9957 of this title.
(f) (1) The Board may, by a written report, make policy recommendations to the Delaware Health Care Commission, Senate Health & Social Services Committee, and the House Health & Human Development Committee regarding how to better align hospital budgets with the benchmark, while promoting efficient and economic operations and maintaining the ability of hospitals to meet hospitals’ financial obligations and to provide quality care.
(2) If the Board submits a report under paragraph (f)(1) of this section, the Board shall provide a copy to the Director and Librarian of the Division of Legislative Services.