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This page lists some of the action toward parity compliance undertaken by state regulatory agencies since 2008.

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Action in the Regulatory Arena

The Delaware Department of Insurance issues a submission guide (pdf | Get Adobe® Reader®) for insurers who want to sell qualified health plans on the individual and small group market. This guide explains that plans must comply with the Federal Parity Law and the parity sections of the state insurance law (page 16). It informs plans that the Department will be reviewing all plans to make sure that they comply with state and federal parity laws (page 16). It also requires plans to fill out a checklist to demonstrate their compliance with the Federal Parity Law and the parity sections of the state insurance law (pages 52 and 53).


Primary Focus Federal Compliance
Agency Delaware Health and Social Services (“Department”) / Division of Medicaid and Medical Assistance
Title/Description Title XXI CHIP Compliance with MHPAEA
Citation 21 DE Reg. 805

The Delaware Health and Social Services (“Department”) / Division of Medicaid and Medical Assistance submitted proposal DE 3290 to amend Title XXI CHIP Plan regarding MHPAEA specifically, to align the Delaware CHIP Plan with new Federal Requirements. The purpose of the proposed regulation was to ensure that coverage provided to CHIP beneficiaries for mental health and substance use disorders was no more restrictive than coverage for medical/surgical conditions. The final order for 21 DE Reg. 805 was issued on April 4, 2018 via DE 3357.
The regulation covers how the state determines whether each covered benefit is a medical/surgical, mental health, or substance use disorder. It categorizes each benefit as inpatient, outpatient, emergency care, and a prescription drug. The regulation also lists the annual and aggregate lifetime dollar limits for benefits covered under the State child health plan. In addition it ensures that NQTLs comply with parity requirements and that information on medical necessity criteria and denials of payment or reimbursements are available. Attachments cover benefits by classification, NQTL analysis, and cost-sharing methodology.

Effective Date 4/11/2018


The Delaware Department of Insurance gave a presentation (pdf | Get Adobe® Reader®) to insurers about the state exchange and the qualified health plan certification process. Slide 35 addressed what is required by the Federal Parity Law for plans on the exchange in 2014.

National Parity Map

View the state parity reports to learn about legislation, regulation, and litigation related to parity implementation

National Parity Map

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Common Violations

In seeking care or services, be aware of the common ways parity rights can be violated.