Del. Code tit. 18 § 3370H

Current through 2024 Legislative Session Act Chapter 510
Section 3370H - Services related to termination of pregnancy
(a) As used in this section:
(1) "Carrier" means any entity that provides health insurance in this State that is subject to the provisions of this chapter. "Carrier" includes an insurance company, health service corporation, managed care organization, health maintenance organization, and any other entity providing a plan of health insurance or health benefits subject to state insurance regulation. "Carrier" also includes any third-party administrator or other entity that adjusts, administers, or settles claims in connection with health benefit plans.
(2) "Health benefit plan" means as defined in § 3342A of this title.
(b) A carrier shall cover services related to the termination of pregnancy for enrollees.
(1)
a. Except as provided in paragraphs (b)(1)b. and (b)(1)c. of this section, coverage provided under this section may not be subject to any deductible, coinsurance, copayment, or any other cost-sharing requirement.
b. The limitations on cost-sharing in paragraph (b)(1)a. of this section do not apply to a high deductible health plan or a catastrophic health plan if the limitations would cause such plan to lose its status as a high deductible health plan under § 223(c)(2) of the Internal Revenue Code or a catastrophic health plan under § 1302(e) of the Patient Protection and Affordable Care Act, 42 U.S.C. § 18022(e).
c. Coverage under this section may be limited to $750 per covered individual per year.
(2) A carrier must provide coverage for the full scope of services permissible under the law.
(3) Coverage provided under this section may not require a referral or prior authorization as a condition of coverage.
(4) If a policy or contract limits an insured's access to a network of participating providers for other healthcare services, then it may limit access for services related to termination of pregnancy, but the policy or contract must include in all its provider networks sufficient numbers of providers of termination of pregnancy services to accommodate the direct access needs of their enrollees.
(c) This section applies to all policies, contracts, or certificates issued, renewed, modified, altered, amended, or reissued after December 31, 2025.

18 Del. C. § 3370H

Added by Laws 2023, ch. 402,s 3, eff. 9/9/2024.