Initiative will help states anticipate effects of federal health care changes, and discuss new ways to reduce costs

WILMINGTON, Del. – Governor John Carney announced on Thursday that Delaware has been selected as one of 14 states to participate in the Governors’ Bipartisan Health Reform Learning Network – an initiative led by the National Governors Association. The network will help Delaware anticipate potential federal health care changes under consideration in Congress, and discuss new ways of using innovation to reduce the growth in health care spending.

Governor Carney has expressed concern over efforts in Washington to repeal and replace the Affordable Care Act, saying proposed changes could limit access to quality health care for Delawareans with the greatest needs, and shift health care costs onto the states.

“I believe that the technical assistance provided through this opportunity will make a significant difference in our efforts to curb the growth of health care spending in Delaware and to prepare for the statutory and regulatory parameters of any new Medicaid or private health insurance reforms that may be enacted in Washington,” said Governor Carney. “The work of our Delaware team will have a direct impact on the lives of all Delawareans, including state employees and retirees, those who are covered by Medicaid, and individuals and families who depend on the benefits of the Affordable Care Act for quality health care.”

Strategically realigning resources to drive statewide health care innovation, improve health outcomes, and lower costs was a recommendation of the Action Plan for Delaware.

The Governors’ Bipartisan Health Reform Learning Network – which is designed to assist states in navigating the changing health care landscape – will include Delaware, California, Kentucky, Maryland, Minnesota, Montana, Pennsylvania, South Dakota, Tennessee, Utah, Vermont, Virginia, Washington and Wyoming.

Delaware and the other states will:

• Receive clear, unbiased information on the potential impact of proposed changes to Medicaid and private health insurance;
• Engage in a dialogue with other state leaders and national experts about reform proposals, including targets for health care spending, and their potential impact on states;
• Receive data analyses regarding the state impact of health care reforms; and
• Receive technical assistance to understand and prepare for the statutory and regulatory parameters of any new Medicaid and private health insurance reforms, if enacted.

Delaware also will join six other states – Minnesota, Pennsylvania, South Dakota, Utah, Vermont and Virginia – in a complementary Maternal and Child Health working group charged with evaluating proposed changes and informing the learning network about potential implications.

The members of Delaware’s Health Reform Learning Network team are:

• Dr. Kara Odom Walker, Secretary of the Department of Health and Social Services (DHSS);
• Molly Magarik, Deputy Secretary for DHSS;
• Chris Hudson, Director of Budget Development, Planning and Administration with the Office of Management and Budget;
• Regina Mitchell, Fiscal and Policy Analyst with the Office of Management and Budget;
• Dr. Karyl Rattay, Director of DHSS’ Division of Public Health;
• Stephen Groff, Director of DHSS’ Division of Medicaid and Medical Assistance;
• Laura Howard, Executive Director of the Health Care Commission; and
• Sheila Grant, Deputy Chief of Staff for Governor Carney.

The members of Delaware’s Maternal and Child Health working group include:

• Leah Jones Woodall, Section Chief for Family Health Systems, federally designated Maternal and Child Health Director in DHSS’ Division of Public Health;
• Kate Tullis, PhD., Director of Children and Youth with Special Health Care Needs in DHSS’ Division of Public Health;
• Dr. Karyl Rattay, Director of DHSS’ Division of Public Health; and
• Stephen Groff, Director of DHSS’ Division of Medicaid and Medical Assistance.

Secretary Walker, a board-certified family physician, said Delaware’s acceptance into the learning network will help to further the health care innovation under way at DHSS and through the Delaware Center for Health Innovation (DCHI).

“We are at a critical stage in our health care delivery transformation,” said Secretary Walker. “As participants in the Governors’ Bipartisan Health Reform Learning Network, we will be able to tap into some of the best ideas and innovations in the country, including global spending targets to curb the growth of health care spending, and bring them to our state. We believe that will lead us to additional ways to improve the health of Delawareans and their experience with the health care system, while reducing the overall costs.”

Delaware already is taking steps to drive health care innovation, improve health care outcomes, and lower costs.

In 2015, Delaware was selected to receive a four-year, $35 million grant from the federal Center for Medicare and Medicaid Innovation to implement initiatives that are focused on helping Delaware achieve the Triple Aim Plus One: better health, improved health care quality and patient experience, lower growth in per capita health care costs, and an enhanced provider experience that promotes patient-centered engagement.

The goal of the innovation work is to strengthen the primary care system so that patients experience well-coordinated, team-based care that delivers better health outcomes, to align incentives for providers and health insurers to focus on quality and affordability, to support patients to engage in their own health, and to support communities to work together to promote health and connect community resources to the health care system.

Delaware’s accomplishments to date from the grant include the statewide launch of a Common Provider Scorecard with health measures aligned with major payers, more than 350 primary care providers receiving grant-funded training and technical assistance in transforming their practices to better meet all of the needs of their patients, financial assistance to six behavioral health practices that include 68 providers to support adoption of electronic medical records, more than 30 percent adoption of value-based payment models by providers statewide, the launch of a community-based population health initiative in two areas of the state, and the passage of legislation enabling the Delaware Health Care Claims Database.

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Plan will create new public-private entity and new economic development division at the Department of State

WILMINGTON, Del. – Governor John Carney announced a plan on Wednesday to create a public-private partnership and strategically realign Delaware’s economic development efforts, with a new focus on promoting innovation, supporting Delaware’s entrepreneurs, and leveraging private sector resources to create jobs and grow Delaware’s economy.

Governor Carney – who signed Executive Order #1 on his first full day in office to explore a new economic development strategy – will work closely with members of the General Assembly to approve the concept and funding for the public-private entity, as well as a new division at the Department of State to oversee responsibilities for small business development and tourism.

The plan will reorganize Delaware’s economic development efforts by early 2018.

“We can and should do more to promote innovation, support our entrepreneurs, build and retain a talented workforce in Delaware, and strategically partner with the private sector to grow the state’s economy,” said Governor Carney. “This plan will position Delaware to create good-paying jobs, build an entrepreneurial ecosystem, and keep our state a competitive place to do business.”

Governor Carney’s plan calls for the creation of the Delaware Prosperity Partnership – a jointly funded public-private entity that will lead statewide business marketing efforts to recruit and retain businesses, including early-stage technology-based ventures, as well as large employers. The partnership also would provide support for startup businesses, with a focus on high-growth industries, and work closely with employers and education institutions to build and retain a talented workforce in Delaware.

Governor Carney’s plan calls for $2 million in annual state funding for the partnership, and $1 million in annual funding from private business. Contributions from the state would remain contingent on an ongoing, annual financial commitment from the private sector.

The Delaware Prosperity Partnership would be led by a Chief Executive Officer and governed by a 15-member board with members from the public and private sectors.

Governor Carney’s plan also would eliminate the Delaware Economic Development Office (DEDO), and shift responsibilities for small business development and tourism to a new division at the Department of State.

“This is about positioning Delaware to be competitive for good jobs moving forward,” said Jeff Bullock, Delaware’s Secretary of State. “By strategically partnering with the private sector, we can leverage business resources to strengthen the state’s economic development efforts, while continuing to support small business owners and promote our state’s $3 billion tourism industry.”

The new division at the Department of State will maintain a strong focus on supporting small business – especially women, minority, and veteran-owned businesses. It will help business owners identify available resources and navigate local, state and federal rules and regulations.

Division leaders also will administer Delaware’s publicly-funded economic development incentive programs, such as the Strategic Fund, the Main Streets program, and the Blue Collar Workforce Training grant program.

Governor Carney’s plan builds on recommendations last month from the Economic Development Working Group, a committee created by Executive Order #1 to study a new economic development strategy. Exploring a new model for economic development that includes a public-private partnership, and an emphasis on innovation and entrepreneurship, also was a recommendation of the Action Plan for Delaware.

Reaction to Governor Carney’s Plan:

“Even with the strongest economy in this region, Delaware can do better,” said Senator Jack Walsh, D-Stanton, a member of the Economic Development Working Group. “Bringing leaders from the private sector to the table adds a valuable new perspective to our economic development strategy and will help make our economy more dynamic over time. At the same time, Delaware is maintaining its firm commitment to empowering women, minority, and veteran-owned small businesses. Not all public-private partnerships are created equal, but the balance that we’ve struck here not only protects existing businesses and jobs, but also gives us a leg up in attracting promising new industries to our state.”

“There were two specific things I was looking for in considering this public-private partnership: One was there be a high level of transparency with the intermingling of public and private funds. I was concerned that it be as transparent as possible so the public would have every confidence that things were being done above board,” said Senator Brian Pettyjohn, R-Georgetown, a member of the Economic Development Working Group. “The second was to be sure this was not a New Castle County only solution for business development and that both Kent and Sussex Counties also had opportunities to reap the benefits of this new structure, proven to work very well in other states. I am satisfied both those conditions will be met.”

“This venture will put Delaware in a position to leverage the best that the public and private sectors have to offer to continue to strengthen and improve our economic climate,” said Representative Bryon Short, D-Highland Woods, a member of the Economic Development Working Group. “I look forward to working with this new partnership going forward.”

“This is not an end, it is a beginning,” said Representative Lyndon Yearick, R-Dover South, a member of the Economic Development Working Group. “Bringing the pragmatic knowledge of entrepreneurs into the process of creating a better business environment is a major step forward. Now we need to do realize the promise this concept holds for creating new, dynamic employment in Delaware.”

“We know that bringing additional, private-sector resources to Delaware’s economic development efforts can help strengthen our state’s ability to create jobs, grow the economy, and equip our workforce with the skills necessary to succeed in our new economy,” said Mark Brainard, President of Delaware Technical Community College, and co-chair of the Economic Development Working Group. “We are excited to support Governor Carney’s plan and look forward to making Delaware even more competitive moving forward.”

“This plan offers a real chance to dramatically re-think the way Delaware does business – by leveraging additional resources, and bringing more ideas to the table as we seek to grow our economy, attract talent to our state, and create good-paying jobs for all Delawareans,” said Rod Ward, President of Corporation Service Company, and co-chair of the Economic Development Working Group. “Private businesses are ready and willing to be a full partner in this effort, and help create the kind of entrepreneurial, innovation-based economy that will lead to real growth.”

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Partnership Creates Major Business Incubator & Research Institute at Experimental Station
Delaware Economic Development Working Group Recommends Plan for Public-Private Partnership
Governor Carney Signs Executive Order to Explore Public-Private Partnership at DEDO

WILMINGTON, Del. – Governor Carney released the following statement on his first 100 days in office:

“During my first several months in office, I have traveled across our state, meeting with Delawareans from Claymont to Laurel, and everywhere in between. We have discussed our budget challenges, ways to create jobs and grow Delaware’s economy, improve public education, and protect our environment. We face challenges as a state, but I am more confident than ever that we will get through them together, and keep Delaware a welcoming place for everyone to live, work and raise a family. Thank you to all Delawareans who are engaging on these issues. I look forward to continuing our work together.”

Below are details on several of Governor Carney’s priorities, and ongoing initiatives, as he continues his first year in office.

Delawareans can visit de.gov/ideas to contact Governor Carney and offer their ideas for moving Delaware forward.

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BUILDING A SUSTAINABLE FINANCIAL PLAN

Governor Carney has traveled the state, holding Budget Reset Community Conversations to discuss the state’s budget challenges alongside members of the General Assembly, and to gather ideas from members of the public. Since January, Governor Carney has held more than a dozen Conversations in restaurants, coffee shops and town hall settings, hosted by more than two dozen legislators.

In March, the Governor submitted a balanced, long-term financial plan to bridge a $400 million budget shortfall for Fiscal Year 2018, and put Delaware on a more sustainable path forward. The Governor’s budget relies on an equal mix of cuts and new revenue, and continues to make investments in education, healthcare and other services crucial to the welfare of Delawareans.

More details: de.gov/budgetreset

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Executive Order #4 established the Government Efficiency and Accountability Review Board (G.E.A.R.) to identify opportunities for cost savings in state government, and to establish practices for continuous improvement. In conjunction with that order, the G.E.A.R. Board held their first meeting on March 24, 2017. On May 1st, the Director of OMB and the Secretary of Finance provided preliminary recommendations to the Governor for further review with the JFC in preparing the 2018 budget.

More details: de.gov/gear

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Delaware’s Triple-A credit rating was re-affirmed by Moody’s Investors Service, Fitch Ratings, and Standard & Poor’s Rating Service, for the 17th year in a row. The Triple-A rating translates to reduced interest costs for Delaware, allowing the state to fund capital projects at the lowest available interest rates.

Some of the projects to be funded with the proceeds of Delaware’s bond sales will include a new elementary school in the Laurel School District, renovations in the Red Clay, Lake Forest, Cape Henlopen, Smyrna, Caesar Rodney and Brandywine school districts as well as public library construction and renovations at Garfield Park, Lewes, Delmar, Selbyville, Harrington and Duck Creek.

More details: de.gov/rating

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Governor Carney signed into law a critical piece of legislation, Senate Bill 13, that provides a comprehensive rewrite of Delaware’s unclaimed property laws. In an effort to align Delaware’s laws with other states, S.B. 13 retooled all aspects of unclaimed property examinations, voluntary disclosure agreements (VDAs), and compliance.

More details: de.gov/law

 

TRANSITIONING DELAWARE’S ECONOMY

On his first full day in office, Governor Carney signed Executive Order #1, creating the Economic Development Working Group to study a public-private economic development partnership that will help Delaware support innovation, entrepreneurs, and prepare Delaware’s workforce for success in the 21st century economy. The Working Group has submitted recommendations for implementing a partnership, and Governor Carney will work with the General Assembly to explore a path forward.

Exploring a new economic development model was an Action Plan recommendation.

More details: de.gov/dedoreport

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Earlier this month, Governor John Carney announced the creation of the Delaware Innovation Space, Inc. – a nonprofit public-private partnership established by the State of Delaware, DuPont, and the University of Delaware that will catalyze the entrepreneurial growth of new science-based businesses and ventures in Delaware.

The Delaware Innovation Space will focus on key Science, Technology, Engineering and Mathematics (STEM) areas that align with strengths both DuPont and UD bring to the venture. They include industrial biotechnology, renewable energy, advanced materials, chemical ingredients, nutrition and healthcare to help strengthen Delaware’s presence as a leader in those areas.

It also will provide education to entrepreneurs and startups, help accelerate the formation of new businesses, and connect Delaware’s students with the work of innovators and entrepreneurs.

More details: deinnovates.org/

 

STANDING UP FOR ALL DELAWAREANS

Governor Carney – in one of his first official acts in office – re-established the Family Services Cabinet Council to coordinate services for Delaware youth and families. Reestablishment of the Family Services Cabinet Council was an Action Plan recommendation.

Delaware families continue to face significant challenges – including the high cost of child care; violence and poverty in their neighborhoods; the impact of caring for an aging family member; and the challenges of navigating an economy in transition. The Family Services Cabinet Council, which the Governor is chairing, is charged with coordinating public and private services that are often fragmented, and proposing changes to current programs to make the delivery of state services more effective.

More details: de.gov/council
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Delaware’s Office of Management and Budget created a single anti-discrimination policy across state government, the result of Governor Carney signing Executive Order #6.

Adoption of the uniform policy, an Action Plan recommendation, will allow state agencies to consistently respond to reports of discrimination, harassment and retaliation in the workplace. The policy also clearly outlines a consistent policy for state employees to report and resolve complaints of discrimination.

More details: de.gov/order

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The Governor signed off on the state’s Every Students Succeeds Act (ESSA) plan, the result of months of collaboration with educators, community members, advocates and other stakeholders across the state. The plan articulates Delaware’s commitment to closing the achievement gap, and ensuring all students are prepared for college and/or the career of their choosing.

More details: de.gov/essa

 

ADDRESSING SECURITY IN DELAWARE’S PRISONS

Governor Carney has launched an Independent Review of the February 1 hostage incident at James T. Vaughn Correctional Center. Former U.S. Attorney Charles M. Oberly III and retired Judge William L. Chapman, Jr. are reviewing the causes of the incident and will report back to Governor Carney by June 1 with findings and actionable recommendations to address security of the Delaware correctional facility.

More details: de.gov/review

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Governor Carney has taken important initial steps to address security risks for employees and inmates at James T. Vaughn Correctional Center, and across Delaware’s correctional system, following the February 1 hostage incident. The Governor has authorized an investment of $340,800 in new security and communications equipment to help officers respond to and prevent violent incidents. In his financial plan, Governor Carney has proposed to add 50 officers at James T. Vaughn Correctional Center, raise hazardous duty pay for correctional officers, and invest another $1.3 million in equipment and training.

More details: de.gov/steps

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Policy will allow state to consistently address discrimination in the workplace

WILMINGTON, Del. – Governor Carney on Monday released a uniform, anti-discrimination policy that will allow state agencies to consistently respond to reports of discrimination, harassment and retaliation in the workplace – and clearly outlines a consistent policy for state employees to report and resolve complaints of discrimination.

Governor Carney signed Executive Order Six on March 1, directing the Office of Management and Budget to create a consistent anti-discrimination policy by April 1. The policy has been circulated to all Executive Branch agencies. Human resources managers from each agency had an opportunity to review and provide feedback prior to the release. The policy was adopted April 1.

Full text of the policy is available below.

“This uniform policy will mean better, standardized inclusion and diversity training for state personnel, and will lead to a consistent process for identifying and eliminating discrimination across state government” said Governor Carney. “We need to be a leader in creating an inclusive and discrimination-free workplace. While agencies throughout the state had policies addressing discrimination, this statewide policy will ensure that all state employees know where to go if they aren’t being treated fairly.”

The creation of a consistent anti-discrimination policy was a recommendation of the Action Plan for Delaware, the report submitted to Governor Carney by his Transition Team.

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Full text of the policy:

POLICY ON ANTI-DISCRIMINATION, WORKPLACE HARASSMENT AND RETALIATION
Policy Number: P17-001
Effective Date: 04/01/2017 Supersedes: State Agency Discrimination Complaint Policy and Procedure
Application: All Executive Branch State Employees Merit Rule: 2.1
Authority: Executive Order #6
PURPOSE AND SCOPE

To establish a policy with uniform procedures for the Executive Branch of the State of Delaware outlining its position and practice with regard to anti-discrimination, harassment and retaliation in the workplace and to outline the method of reporting and resolving complaints.

DEFINITIONS

Protected Class: This policy prohibits unequal and unlawful treatment of an individual on the basis of a person’s race, color, national origin, gender, age (40 and over), sex, pregnancy, marital status, sexual orientation, gender identity or expression, religion, creed, disability, or veteran’s status, and victims of domestic violence, sexual assault and/or stalking, family responsibility, or any other category protected by state and/or federal civil rights laws.

Prohibited Activities: Any unwelcome verbal, written, physical conduct, or electronic communication that either degrades or shows hostility or aversion towards a person because of that person’s protected class.

Harassment: Unwelcome conduct that is based on an individual’s protected class. Harassment becomes unlawful where 1) enduring the offensive conduct becomes a condition of continued employment, or 2) the conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating or hostile.

Retaliation: Any act of reprisal, interference, restraint, penalty, discrimination, intimidation, or harassment against an individual or individuals that has an adverse employment action for exercising rights under this policy.

Third-Party Individuals: These individuals include contractors, volunteers and other third-party, non-state employees. Any discrimination, harassment, or retaliation claims made by a third-party, must be addressed through the third-party’s employer and/or DDOL or EEOC.
Workplace: Any location, either permanent or temporary, where an employee performs any work-related duty. This includes but is not limited to the buildings and the surrounding perimeters, including the parking lots. It includes all state-owned and leased space, including vehicles, and any location where state business is conducted.
POLICY

The State of Delaware is firmly committed to the principle of providing a working environment free of discrimination and harassment based on a person’s race, color, national origin, age, sex, marital status, gender identity, sexual orientation, pregnancy, religion, creed, disability, veteran’s status or any other category protected by applicable state and/or federal law.

State employees are strictly prohibited from engaging in any form of discrimination, harassment or retaliation. Examples of prohibited behaviors may include, but are not limited to:

• Discriminating against an individual with regard to terms and conditions of employment because of being in one or more of the protected categories referred to;
• Engaging in threatening, intimidating, or hostile acts toward another individual in the workplace because the individual belongs to, or is associated with, any of the protected categories;
• Displaying or distributing material (including electronic communications) in the work place that contains derogatory or demeaning language or images pertaining to any of the protected categories;
• Unwelcome touching or near-touching, which can encompass leaning over, cornering, hugging, pinching, sexual innuendos, teasing and other sexual talk such as jokes, personal inquiries, persistent unwanted attention and sexist remarks; (See also Sexual Harassment Prevention Policy); or
• Slurs, jokes or remarks that are derogatory, demeaning, threatening or suggestive to a class of persons or a particular person or that promote stereotypes of a class of persons.

The State will not tolerate such conduct by State employees or any third-party individual on its workplace. Any employee, who after a complete and impartial investigation, is found to have engaged in such conduct will be subject to appropriate disciplinary action, up to and including termination.

No employee shall be subjected to retaliation for reporting, testifying, assisting or participating in any manner in an investigation, proceeding or hearing resulting from a complaint of discriminatory or harassing behavior. No employee shall intimidate, threaten, coerce or discriminate against any individual for the purpose of interfering with that person’s right to file a complaint of harassment or discrimination.

State agencies shall provide all new employees with training on this policy and procedure within a reasonable period of time after the employee’s first date of employment with the State, not to exceed the first 90 days of employment. Refresher training shall be provided to all employees, including supervisors, within a reasonable period of time, but not to exceed every three (3) years. All state agencies shall also provide supervisors with training on a regular basis regarding their obligations and duties under this policy and procedure. The Office of Management and Budget may assign mandatory training in furtherance of this policy.

While the State of Delaware is committed to the principles embodied in this policy, it is not intended to state contractual terms and does not constitute a contract between the State and its employees. Furthermore, this statement constitutes only the policy of the State of Delaware. A finding violation of this policy does not mean that the conduct violates state and/or federal laws.

PROCEDURE

An employee who believes they have been discriminated against, harassed or subjected to retaliation on any of the bases set forth in this policy should utilize the following procedures:

1. Promptly report the incident and details related to the complaint to the department’s Human Resources Manager, their Division Director, their supervisor, or any individual designated by the department to receive such reports.

   Under no circumstances is the individual alleging workplace discrimination, harassment or retaliation required to file a complaint with the alleged harasser.

2. Any supervisor or manager receiving a complaint must notify their Human Resources Manager or other individual that has been designated by the department to receive such complaints within one (1) business day of receipt of the complaint.
   Supervisory personnel who allow workplace discrimination, harassment or retaliation to continue or fail to take appropriate action upon learning of such conduct will be subject to corrective action. Such corrective action includes, but is not limited to, mandatory referral to EAP, training, disciplinary action, up to and including termination.
3. The department Human Resources Manager must also be notified, in addition to any other individual designated by the department to receive such complaints. If your agency does not have a Human Resources Manager, if the complaint crosses agencies, or if the complaint involves a Cabinet Secretary or Deputy Secretary, the Office of Management and Budget shall be notified, and a determination will be made as to the appropriate individual(s) to investigate the complaint.
4. The Human Resources Manager or designee shall conduct a neutral and thorough investigation of reported workplace discrimination complaints within a reasonable timeframe. All employees are expected to cooperate with administrative investigations. Failure to cooperate in an administrative investigation may result in disciplinary action, up to and including termination of employment.
   a. Any employee found to have knowingly and willfully filed false charges of discrimination, harassment or retaliation will be subject to appropriate disciplinary action.
5. Objectives of the investigation include whether the complaint can be substantiated on the basis of facts, recommending appropriate action and suggestions for preventing future occurrences.
6. The relevant parties will be informed if the complaint has been substantiated or unsubstantiated. If the complaint is substantiated, the department shall take appropriate action recommended by Agency Human Resources or designed and/or the Office of Management and Budget.

Corrective action may include, but is not limited to, mandatory participation in counseling, training, disciplinary action, up to and including termination. Disciplinary action(s) shall be processed in accordance with Merit System Rules and/or collective bargaining agreements, where applicable.
Making a complaint pursuant to this policy will not extend the timeframes, prescribed by statute, by which any person must file a formal complaint through the Merit Rules, the Department of Labor’s (DDOL) Office of Anti-Discrimination, the Equal Employment Opportunity Commission (EEOC), a Collective Bargaining Agreement, if applicable, or any court or regulatory body.

The statute of limitations for filing a charge with DDOL or EEOC under State and Federal law is (300) days from the date of the discriminatory action. Making a complaint pursuant to this policy will not extend the time by which any person must file a formal complaint with the Delaware Department of Labor, the Federal Equal Employment Opportunity Commission. No provision of this policy is intended to create any individual right or legal cause of action that does not already exist under state or federal law.
Questions regarding this policy may be directed to Human Resource Management, Employee Relations (302)739-4195.

This policy is not intended to create any individual right or cause of action not already existing and recognized under state or federal law.