When you join the BAC, you join for two years, with quarterly meetings (meeting once every three months) that include a mix of in-person, hybrid (in person and virtual), and virtual meetings.  This advisory group will be made up of current or former Medicaid members, their family members, and caregivers, and will provide direct, member-informed guidance and perspectives to the Medicaid agency.  None of the BAC meetings are required to be open to the public unless the BAC decides otherwise. To ensure that member perspective is represented in the MAC, 25 percent of the BAC members will also serve on the state’s MAC, a requirement which will be phased in over two years.

The BAC members may advise the MAC and DMMA on the following topics:

• Additions and changes to what Medicaid covers
• Coordination of Care
• Quality of Services
• Eligibility, Enrollment and Renewal Processes
• Beneficiary and Provider Communications
• Access to Services
• Cultural Competency, Language Access and Health Diversity
• Other Issues Impacting Health and Medical Services

• Improve the Medicaid experience for Delawareans
• Creating a diverse council of beneficiaries, family members, and caregivers who will share critical feedback on the state’s healthcare program.
• Provide a dedicated space for members to identify key issues for the MAC and advise the state on Medicaid policy and administration.
• Create a safe environment that values the unique lived experiences of Medicaid beneficiaries and encourages BAC members to voice their opinions and ideas.

• Create lasting change and provide an invaluable community service for Medicaid beneficiaries like you and your loved ones.
• Connect with fellow beneficiaries over a common cause.
• Develop professional experience serving on a state advisory council.
• Travel reimbursement and lunch may be provided for in-person meetings.

Beneficiary Advisory Council (BAC) By-Laws

Approved January 7, 2026

ARTICLE I – AUTHORITY

The Beneficiary Advisory Council (BAC) is mandated in accordance with section 431.12, Title 42, Code of Federal Regulations, based on Section 1902(a)(4) of the Social Security Act.

ARTICLE II – PURPOSE AND ROLE

The purpose of the BAC is to make recommendations to the Division of Medicaid and Medical Assistance (DMMA) on matters related to policy development and effective administration of the Medicaid program. DMMA and the BAC collaborate to provide advice on:

• Additions and changes to services
• Coordination of care
• Quality of services
• Eligibility, enrollment, and renewal processes
• Beneficiary and provider communications
• Cultural competency, language access, health disparities, and access to services
• Other issues that impact provision or outcomes of services

The Committee is advisory only and does not make policy.

ARTICLE III – COMPOSITION

The BAC is composed exclusively of Medicaid beneficiaries, their family members, or caregivers. DMMA seeks representation from the full diversity of Delaware’s Medicaid population.

A. Committee Structure

By July 9, 2027, BAC membership will include 13–15 members. All members must reside in Delaware.

Membership must include:

• Current Medicaid members
• Former Medicaid members
• Parents, family members, or guardians of Medicaid members
• Paid or unpaid caregivers

B. Selection and Appointment Process

Members must apply and are appointed by the Medicaid Director, who strives for balanced and member-centered representation. Community nominations may inform appointments.

C. Term Length

Members are appointed for a 2-year term. No consecutive terms allowed, but individuals may return after two years. DMMA evaluates membership annually and may add members to maintain balanced representation.

D. Vacancies

Vacancies may be filled by the Medicaid Director for the remainder of the term, maintaining balanced representation.

E. Resignations

Members must submit written resignation to the chair and Medicaid Director.

F. Officers

• Chair and vice-chair elected annually, may serve up to 2 consecutive years
• Chair facilitates meetings and ensures decisions are reached
• Vice-chair fills in when chair is absent or resigns

ARTICLE IV – MEETINGS

A. Frequency and Times

• Meet at least quarterly
• Meetings up to two hours
• Scheduled to maximize attendance
• BAC meetings occur prior to MAC meetings

B. Participation Options

Members may participate in person, by phone, or electronically.

C. Agendas and Minutes

• Agendas sent in advance and aligned with by-laws
• Agenda set by DMMA/BAC Coordinator and BAC Chair
• Time must be included for conflict-of-interest disclosures
• Minutes taken by DMMA staff and approved at next meeting

D. Notice of Meetings

• Annual schedule provided at start of each year
• Posted on DMMA or other appropriate website
• Members reminded at least 3 weeks before meetings

E. Official Action

Chair or DMMA representative (if chair absent) facilitates motions and votes. Recommendations are submitted in writing to the Medicaid Director.

F. Quorum

A simple majority is required. Voting may occur in person or virtually.

G. Public Participation and Public Information

• BAC meetings are private unless members unanimously vote to open them to the public.
• Members must have opportunity to vote even if absent.
• When open to the public, participation must include options for phone, video, or in-person attendance.
• Public meetings must comply with Delaware FOIA laws, and meeting notes must be posted within 30 days.
• The BAC website must include information on recruitment and selection.
  

H. Medicaid Advisory Committee

Some BAC members also serve on the MAC to ensure BAC perspectives are represented.

I. Financial Arrangements

May be available consistent with state policy.

ARTICLE V – MEMBER PARTICIPATION AND ENGAGEMENT

• Members expected to attend all meetings
• Repeated absences without cause may result in removal
• Members must notify chair/vice-chair to excuse absences
• Members must review materials before meetings
• Members may assist with preparation of annual report
• Members should listen respectfully and work toward consensus
• Members requiring assistance should contact DMMA staff two weeks prior to meetings
• Members must disclose substantial conflicts of interest
• Members may not speak publicly on behalf of BAC without formal approval
• All meetings must comply with ADA, Civil Rights Act, Rehabilitation Act, and Affordable Care Act requirements
  

ARTICLE VI – ROLE OF DMMA STAFF

• DMMA designates a staff liaison to the BAC
• Provides regular program updates
• Sends knowledgeable staff to meetings when changes are under consideration
• Reports decisions back to the BAC
• Provides administrative and technical assistance
• Keeps Medicaid Director informed of BAC discussions
• Distributes materials at least two weeks before meetings
• Assists with annual report preparation
• Provides orientation to new members
• May use surveys to gather member feedback

ARTICLE VII – BY-LAWS

By-laws reviewed every three years or as determined by BAC. Members receive notice of proposed changes at least 15 days prior to the next meeting. Amendments become effective upon BAC approval unless otherwise stated.

• Orientation Handbook [to come]

In response to the April 2024 federal rule, MAC/BAC 42 CFR 431.12, Delaware is forming a Beneficiary Advisory Council (BAC) made up of current and former Medicaid beneficiaries, their families, and caregivers who will advise DMMA on what is important to Medicaid beneficiaries and their families and caregivers, including related to making or changing policies, and the effective running of the Medicaid program. Some BAC members will also join the new Medicaid Advisory Committee (MAC), which includes interested people or organizations like Medicaid staff and healthcare providers. These councils aim to improve access to care, quality, and health equity, and will replace the current Medical Care Advisory Committee (MCAC). These changes took effect July 9, 2025.