General Assembly Vote Tracker

AG Denn’s Drug Addiction Treatment Bills (SB41, HB91, HB100)

Last week, Attorney General Matt Denn announced a package of legislation intended to deal with the state’s heroin / opioid abuse problem.   The bills would expand access to treatment and then seek to reduce the over prescription of opioid medications.

The number of fatal overdoses in Delaware jumped to 308 in 2016, up from 228 in 2015. And many of those victims’ family members cite a lack of available treatment options in the state.   Denn said the proposed bills are a necessary step forward in ending the “public health epidemic of this generation.”  “You cannot meet these families, you cannot meet these people and hear what they have been through and not become an advocate for fixing this problem,” he said.

The first bill, SB41, would guarantee 14 days of rehabilitation at a treatment center before any review by an insurance company.   It removes pre-authorization requirements that those seeking treatment often encounter. The holdup often results in relapses or sometimes fatal overdoses, he said, which are risks the state can no longer afford to take.

SB41 – AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO COVERAGE FOR SERIOUS MENTAL ILLNESS AND DRUG AND ALCOHOL DEPENDENCY.


UPDATED: 6/8/2017


SPONSORS: Hansen, Henry, Delcollo, Lawson, Keeley, Mulrooney, Briggs King, Dukes, Cloutier, McDowell, Poore, Marshall, Bentz, Bolden, Hudson, Jaques, Osienski, Wilson


YES VOTES: [SENATE]: Bonini, Bushweller, Cloutier, Delcollo, Ennis, Hansen, Henry, Hocker, Lavelle, Lawson, Lopez, McBride, McDowell, Pettyjohn, Poore, Richardson, Simpson, Sokola, Townsend, Walsh.  [HOUSE]: B.Short, Baumbach, Bennett, Bentz, Bolden, Brady, Briggs King, Carson, D.Short, Dukes, Gray, Heffernan, Hensley, Hudson, J.Johnson, Jaques, K.Williams, Keeley, Kenton, Kowalko, Longhurst, Lynn, Matthews, Miro, Mitchell, Mulrooney, Osienski, Outten, Paradee, Postles, Potter, Q.Johnson, Schwartzkopf, Smyk, Spiegelman, Viola, Wilson, Yearick


NO VOTES: [SENATE]: None (Marshall was absent). [HOUSE]: None.  (Collins and Ramone was absent.  M.Smith did not vote).


HISTORY:  Passed Senate 20-0-1. Passed the House 38-0-2-1.


STATUS: Signed by the Governor


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The second bill, HB100, provides medical and legal assistance to individuals and families denied treatment on “medical necessity” grounds.  It does so by (1) allowing the Department of Justice to provide legal assistance where appropriate to persons seeking benefits from the state’s Medicaid program, traditional health plans, or from employer-funded health benefit plans (which are exempt from state regulation), (2) requiring the state’s Medicaid program and private insurance carriers to provide notice to persons who are denied substance abuse treatment of the possibility of legal assistance in challenging those claim denials, and (3) permitting the Department of Justice to use funds in its Consumer Protection Fund to offset the cost of providing medical and legal expertise to DOJ and the Department of Insurance for the purpose of assisting persons with controlled substance addictions who are seeking treatment.

HB100 — AN ACT TO AMEND TITLES 6, 16, 18, AND 31 OF THE DELAWARE CODE RELATING TO TREATMENT FOR SUBSTANCE ABUSE.


UPDATE: 6/8/17


SPONSORS: Keeley, Henry, Hansen, Delcollo, Lawson, Mulrooney, Briggs King, Dukes, Cloutier, Poore, Bentz, Bolden, Hudson, Jaques, Osienski, Potter, Wilson


YES VOTES: [HOUSE]: B. Short, Baumbach, Bennett, Bentz, Bolden, Brady, Briggs King, Carson, Collins, D. Short, Dukes, Gray, Heffernan, Hensley, Hudson, J. Johnson, Jaques, K. Williams, Keeley, Kenton, Kowalko, Longhurst, Lynn, M. Smith, Matthews, Miro, Mitchell, Mulrooney, Osienski, Outten, Paradee, Postles, Potter, Q. Johnson, Ramone, Schwartzkopf, Smyk, Spiegelman, Viola, Wilson, Yearick.  [SENATE]: Everyone but Bonini, Cloutier, Lopez, McBride, Simpson, Townsend.


NO VOTES: [HOUSE]: None (Matthews was absent). [SENATE]: None.


HISTORY: Passed the House 40-0-1.  Passed Senate 15-0-6.


STATUS: Signed by Governor



The third bill, HB91, would enhance the ability of the prescription monitoring program to make informed determinations as to prescribers who may be making extraordinary prescriptions of opiates or other controlled substances, and to refer such cases to law enforcement or professional licensing organizations for further review. The Act would also provide a more usable standard for provision of specified information to law enforcement agencies upon a showing of need.

HB91–AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO CONTROLLED SUBSTANCES.


UPDATE: 6/8/17


SPONSORS: Mulrooney, Hansen, Hocker, Pettyjohn, Sokola, Walsh, Briggs King, Dukes, Jaques, Q.Johnson, Kenton, Osienski, Paradee, Williams, Wilson


YES VOTES: [HOUSE]: B. Short, Baumbach, Bennett, Bentz, Bolden, Brady, Briggs King, Carson, Collins, D. Short, Dukes, Gray, Heffernan, Hensley, Hudson, J. Johnson, Jaques, K. Williams, Keeley, Kenton, Kowalko, Longhurst, Lynn, M. Smith, Matthews, Miro, Mitchell, Mulrooney, Osienski, Outten, Paradee, Postles, Potter, Q. Johnson, Ramone, Schwartzkopf, Smyk, Spiegelman, Viola, Wilson, Yearick. [SENATE]: Everyone but Bonini, Cloutier, Lopez, McBride, Simpson, Townsend.


NO VOTES: [HOUSE]: None (Keeley and Q.Johnson were absent). [SENATE]: None.


HISTORY: Passed House 39-0-2.  Passed Senate 15-0-6.


STATUS: Signed by Governor.


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1 comment on “AG Denn’s Drug Addiction Treatment Bills (SB41, HB91, HB100)

  1. Wow, this borders on common sense. Have the Republicans suggested longer jail sentences yet?

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