Delaware law sets licensing and rights rules for behavioral health care

The Division licenses provider organizations and oversees their programs. The rules cover behavioral health treatment provider organizations and programs, subject to the listed exemptions. Licensed practitioners in private practice, programs serving only children, and some services provided as part of a professional’s regular practice are exempt from the license requirement. The Director may exempt other listed programs if the exemption would not endanger clients’ health, safety, or welfare. These provisions take effect when the Director announces that final regulations are adopted, or two years after enactment, whichever comes first.

Providers must respect clients’ rights and give them information and care plans in writing. These rights apply to clients receiving services from a provider organization, even if that organization is not licensed under this chapter. Clients may refuse treatment unless the law allows or requires treatment without their consent. Providers must give clients or their representatives a written statement of rights, fees, program rules, discharge or transfer terms, and how to make a complaint. These provisions take effect when the Director announces that final regulations are adopted, or two years after enactment, whichever comes first.

Staff must report client incidents to the Division and suspected crimes to law enforcement. Staff must report when they witness or reasonably believe an incident involving a client has occurred. Incidents include events that cause or could cause harm. A staff member need not report an incident if they reasonably believe another staff member already reported it. Staff must first protect the client’s health and safety. If staff reasonably believe a client was raped or sexually assaulted, they must help the client get an examination unless the client refuses. These provisions take effect when the Director announces that final regulations are adopted, or two years after enactment, whichever comes first.

The Division must notify the protection and advocacy system after receiving a report of a client’s death. The notice concerns a client death reported to the Division. Staff may also report suspected abuse or neglect by provider organization staff to the protection and advocacy system. The notice must include the client’s name, age, provider, and apparent cause of death only if the Division has that information and confidentiality laws allow its release. Staff may report suspected abuse or neglect to the protection and advocacy system, but must also report it to the Division. Providers may not retaliate against staff for reporting or cooperating with an investigation. The 72-hour period starts when the Division receives a report that a client has died. These provisions take effect when the Director announces that final regulations are adopted, or two years after enactment, whichever comes first.