Delaware Code Title 16. Health and Safety § 9955. Approval or modification of hospital budget

(a) If a hospital has undertaken a performance improvement plan under § 9954 of this title and failed to show sufficient progress or has failed to submit an acceptable performance improvement plan under § 9954 of this title, the hospital may be required to submit the next fiscal year's budget to the Board for review and approval.

(b) When a hospital budget is submitted for approval under this section, the Board shall approve a hospital's budget as submitted or engage with the hospital in establishing and approving a modified budget.  A budget must be approved as submitted or as modified by 90 days before the start of the hospital's fiscal year.  Each hospital shall operate under the original or modified budget as approved.

(c) Individual hospital budgets approved under this section shall:

(d) The Board may not require a hospital budget to be modified if the budget submitted reflects growth equal to or less than the spending benchmark.

(e) If the Board and a hospital cannot agree on a modified budget, the Board may impose a modified budget and shall issue a written decision enumerating the reasons why the Board's modified budget will satisfy the factors under subsection (c) of this section.

(f) The Board may, upon application, adjust a budget established under this section during the fiscal year upon demonstration of need based on exceptional or unforeseen circumstances.

(g) The Board may request, and a hospital shall provide, information determined by the Board to be necessary to determine whether the hospital is operating within a budget established under this section.

(h) When a hospital has successfully met its budget goals for 3 consecutive years, the hospital may no longer be required to participate in the budget approval process under this section.