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; 20 Del. C. §§ 3137, 3140; 16 Del. C. § 107(a)

Issued

2021-07-12 July 12, 2021

Effective

2021-07-12 11:59 p.m. E.D.T. (approved 1:00 p.m.) (read as 2021-07-12)

End

Extended Aug. 10, Sept. 8, Oct. 7, Nov. 5, Dec. 3 and Dec. 30, 2021 and monthly thereafter; terminated May 11, 2023 (Public Archives index) (read as 2021-12-30)

In force

July 12, 2021 to Dec. 30, 2021

Quarters

2021 Q3

2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3

Limitation types

Emergency declarationHealth care ordersVaccination or testingOther

Addressees

• Public Health Authority (DPH)
• DEMA and the National Guard
• insurers under Title 18
• in-state health-care providers
• testing providers
• vaccinating providers, facilities and entities
• long-term-care facilities

Functions reached

• IC/HC every testing and vaccinating provider bound to DPH guidance and reporting
• IN insurers (prior-authorization waiver)
• RS long-term-care staffing
• WF DPH power to direct 'such other measures as may be necessary'

Collection

Delaware DE

Operative words

'do hereby declare a Public Health Emergency, which shall become effective Monday, July 12, 2021 at 11:59 p.m. E.D.T.... A.2. The Public Health Authority is authorized to direct vaccination, treatment and such other measures as may be necessary to prevent or contain the spread of COVID-19, including to 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. A.3. The following statutory and regulatory provisions are hereby suspended or waived for the duration of this Public Health Emergency: 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; and b. Long-term care facilities must continue to provide 3.28 hours of direct care per resident per day. However, the staffing ratios required in 16 Del. C. § 1162 are hereby suspended. B.1. All COVID-19 testing shall be made available to those persons who meet criteria for such testing as established and modified from time to time by DPH. B.2. All health care providers who test for COVID-19 shall comply with the Public Health Authority's guidance for the use of such tests.... B.5. All healthcare providers, facilities, and entities administering COVID-19 vaccination in Delaware must report the vaccination within twenty-four (24) hours to the Division of Public Health... B.7. Failure to comply with the data reporting requirements in this order may result in a fine as authorized by 16 Del. C. § 107(a) or the cessation of vaccine distribution to the noncompliant provider.'

Enforcement

Notes