Delaware Code Title 29. State Government § 7931. Division of Medicaid and Medical Assistance

(a) There is hereby established the Division of Medicaid and Medical Assistance under the direction and control of the Secretary of the Department of Health and Social Services.

(b) The mission of the Division of Medicaid and Medical Assistance is to maximize the well-being and quality of life for eligible low-income individuals and other vulnerable populations through the provision of overall leadership and direction in administering responsive, effective, and efficient health-care benefits.

(c) The Division of Medicaid and Medical Assistance shall have the power to perform and is responsible for the performance of all of the powers, duties, and functions specifically related to, Medicaid, the Delaware Healthy Children Program, the Delaware Prescription Assistance Program, the Chronic Renal Disease Program, and other health insurance related programs as administered through the Department of Health and Social Services.

(d) In the absence of an alternative agreement for a nonfee-for-service reimbursement mechanism approved by the Department of Health and Social Services between a home health-care nursing services provider and a Medicaid-contracted organization, all hourly home health-care nursing services paid for by Medicaid-contracted organizations will be reimbursed at a rate equal to or more than the rate set by the Division of Medicaid and Medical Assistance for equivalent services.

(e) The Division of Medicaid and Medical Assistance shall have the power to promulgate rules and regulations to implement this section.

(f) In the absence of an alternative agreement for a nonfee-for-service reimbursement mechanism approved by the Department of Health and Social Services between a home health or home care services provider and a Medicaid-contracted organization, all home health or home care services for Medicaid long-term care services and support providers paid for by Medicaid-contracted organizations will be reimbursed at a rate equal to or more than the rate set by the Division of Medicaid and Medical Assistance for equivalent services.