Declaration of a Public Health Emergency for the State of Delaware

The record

Jurisdiction

Delaware

Level

State

Authority

20 Del. C. ch. 31, subch. V (public health emergencies), §§ 3137, 3140

Issued

2020-03-23 Mar. 23, 2020

Effective

2020-03-23 5:00 p.m. E.D.T. (approved 4:15 p.m.) (read as 2020-03-23)

End

Rescission date not verified; the Sixth and Twenty-Third Modifications tie the moratoria to the date 'the public health emergency is rescinded'; the July 12, 2021 instrument (DE-041) is a new Public Health Emergency (read as 2021-07-12)

In force

Mar. 23, 2020 to July 12, 2021

Quarters

2020 Q22020 Q32020 Q42021 Q12021 Q2

2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3

Limitation types

Emergency declarationHealth care ordersQuarantine and isolation

Addressees

• Secretary of DHSS as Public Health Authority
• insurers under Title 18
• health-care providers and facilities
• Division of Medicaid and Medical Assistance

Functions reached

• IC/HC health-care sector directives
• IN insurers (prior-authorization waiver)
• SC medical supply procurement and allocation
• WF isolation and quarantine authority

Collection

Delaware DE

Operative words

'do hereby declare a Public Health Emergency in Delaware. This Declaration of a Public Health Emergency will be effective as of Monday, March 23, 2020 at 5:00 p.m. E.D.T., and shall continue until terminated as provided under state law.' ¶ 4: 'The Public Health Authority is further authorized to: a. Direct vaccination, treatment, isolation, quarantine and such other measures as may be necessary to prevent or contain the spread of COVID-19, including b. Designate any qualified person to administer vaccines in accordance with 20 Del. C. § 3137, and require in-state health care providers to assist in the performance of vaccination, treatment and testing of any potentially infected individual in accordance with 20 Del. C. § 3140.' ¶ 5.a: 'all insurers issuing policies subject to state regulation under Title 18 of the Delaware Code shall waive all prior authorization requirements for the lab testing and treatment of confirmed or suspected COVID-19 patients.' ¶ 6.a: the Public Health Authority is directed to 'Suspend all state-required deadlines and timetables for performance of required non-essential routine healthcare facilities inspection and licensing activities'; ¶ 6.b: 'Suspend any provisions that require medical care to be provided in a specific location.'

Enforcement

Notes