DE SB 161: AN ACT TO AMEND TITLES 16 AND 29 OF THE DELAWARE CODE RELATING TO BEHAVIORAL HEALTH.

Delaware Senate Bill 161 (Substitute) amends Titles 16 and 29 of the Delaware Code to establish a comprehensive statutory framework governing behavioral health treatment provider organizations. The Act consolidates and modernizes existing statutory provisions and clarifies the Division of Substance Abuse and Mental Health's authority to license programs, investigate incidents, and enforce compliance.

The Act revises client rights provisions by reorganizing the rights framework, adding rights related to discharge planning and continuing care, and requiring that any limitation on client rights be for the shortest duration feasible. The Act expands standing to enforce client rights to include clients and their authorized representatives, in addition to the Attorney General and the protection and advocacy system. The standard governing use of restrictive intervention is revised to align with existing Delaware law.

The Act modifies provisions relating to the protection and advocacy system by expanding its access authority to reference all applicable federal and state law, requiring the Division to notify the protection and advocacy system no more than 72 hours after receiving a report of a client death, and extending anti-retaliation protections to staff who report to or cooperate with the protection and advocacy system. Elopement is added to the definition of "incident" for purposes of incident reporting requirements, and a framework for confidentiality of incident reports and investigation records is established while authorizing the Division to publish aggregate, de-identified information.

The Act adds an injunctive relief pathway allowing the Department to seek a temporary restraining order in the Court of Chancery when a provider organization's activities create an imminent risk of substantial harm to clients. A savings clause clarifies that nothing in the Act abrogates rights and requirements applicable to long-term care facilities under Chapter 11 of Title 16. The Act requires a greater than majority vote for passage because it creates a new crime within the jurisdiction of an inferior court under Article IV, § 28 of the Delaware Constitution.