16 Del. Admin. Code §§ 13000-13630

Current through Register Vol. 27, No. 11, May 1, 2024

Section 13000-13630 - Legislation To Law Process

In its most basic forms, the process works something like this:

Law - A law or rule is established that indicates what the government's official position will be.

Regulation - A regulation written from that law establishes what standards and other considerations will be followed upholding the law.

For example: Regulations would establish what is meant by "dependent," the age limits for being considered a "child," what income and resources are considered "poverty" level.

Procedures - Procedures are developed from the regulation to define the practical steps eligibility workers will follow to process the actual cases.

For example: "To determine a client's income," you will need to obtain: wage or salary statements; etc.

This system of laws to regulations to procedures is the core of the process. However, more than this is involved. The following steps help to complete the picture.

A. An issue of public concern receives attention through the courts, lobbying, the media, etc.

B. A member of Congress writes a bill and submits it for Congressional and Executive approval.

C. After the bill is passed, Federal regulations are drawn by Centers for Medicare and Medicaid Services, an arm of the Department of Health and Human Services, which oversees the Medicaid Program to insure that the essence of the new law is maintained in daily operation.

D. The states are notified of the new law by Centers for Medicare and Medicaid Services (CMS) and receive an accompanying set of regulations. Any program changes required by the new regulations are then accommodated by revisions to the State Plan. The State Plan is a contract between the state Medicaid Agency and CMS which oversees state administration of the Medicaid Program.

E. State Plan amendments are then translated into Medicaid program policy manuals which implement the new provisions.

16 Del. Admin. Code §§ 13000-13630