Legislation Signed into Law
|Primary Focus||Medical Management Limitation|
|Title/Description||An Act Regarding the Process for Obtaining Prior Authorization for Health Insurance Purposes|
|Citation||18 Del §3343, 3571V|
This law amends section 3343, Title 18 and section 3571V, Title 18 of the Delaware Code by requiring health benefit plans that cover prescription drugs to place at least one formulation of each of the FDA-approved MAT drugs on the lowest tier of the carrier’s prescription drug formulary. Such drugs must be covered without prior authorization. Additionally, the law requires that at least one formulary of each medication within each tier be available without step-therapy requirements. Finally, plans must provide coverage for fees associated with the dispensing and administration of methadone at opioid treatment programs.
|Effective Date||On and after 1/1/2020|
Enacted by HB 220
|Primary Focus||Compliance-Reporting Requirement|
|Title/Description||Serious Mental Illness Insurance Coverage|
|Citation||149th General Assembly – Chapter 406|
S.B. 230 amended Title 18 of the Delaware Code, §3343, by inserting a new provision, §3343(g), which requires insurers to submit annual reports to demonstrate compliance with the Federal Parity Law. S.B. 230 also amended Chapter 35, Title 18 of the Delaware Code by adding a new §3571T, which sets reporting requirements for private insurers. This bill also amends Title 31 of the Delaware Code, §525, to set the same requirements for public insurers.
|Primary Focus||Oversight and Coordination|
|Title/Description||Behavioral Health Consortium|
16 Del. C. §§ 5195, 5196, 5197 establishes a Behavioral Health Consortium that will develop a statewide integrated plan for addressing the prevention and treatment of substance use and mental health, and provide oversight and coordination of the State’s private and public bodies to address behavioral health issues in Delaware. As a coordinate body, the Consortium will streamline processes to better address potential gaps and ensure quality delivery of care across the State. Emphasis will be placed on assuring that behavioral health related public commissions and committees do not operate in siloes, but instead have a resource for policy and practice recommendations.
Enacted by SB 111 on August 16, 2017, which created 16 Del. C. §§ 5195, 5196, 5197, further modified by SB 143 which was enacted on April 5, 2018.
|Status||Signed into Law 5/2017|
This bill changed the parity sections of state law in the following ways:
|Status||Signed into Law 9/2017|
This bill changed the parity sections of state law by modifying the changes made by SB 41 (above) from the same legislative session. Those modifications included:
|Status||Signed into Law 8/2012|
This bill added the sections to the state insurance law about autism coverage (these sections are summarized at the bottom of this page under “Delaware Parity Law,” “Autism Coverage”).
National Parity Map
View the state parity reports to learn about legislation, regulation, and litigation related to parity implementationNational Parity Map
- Delaware Insurance Division
In seeking care or services, be aware of the common ways parity rights can be violated.