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Delaware General Assembly· HB 338Signed

Immunizations/Insurance Coverage Clarification, the official text

Shown verbatim: the complete text as captured from the official PDF posted by the Delaware General Assembly, fetched 2026-09-25. Page and line markers are part of the official record; nothing is edited or removed. This is the current version. The official bill page.
SPONSOR: Rep. Gorman & Rep. Kamela Smith & Sen. Cruce
                                                                  Reps. Osienski, Berry, Burns, Morrison, K. Johnson,
                                                                  Snyder-Hall, Harris; Sens. Sokola, Hansen, Huxtable,
                                                                  Seigfried, Pinkney, Lockman

                   HOUSE OF REPRESENTATIVES
                     153rd GENERAL ASSEMBLY

                                                  HOUSE BILL NO. 338

    AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO HEALTH CARRIER COVERAGE OF
    IMMUNIZATIONS AND PREVENTIVE SERVICES.

    BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

1   Section 1. Amend § 3363, Title 18 of the Delaware Code by making deletions as shown by strike through and

2 insertions as shown by underline as follows:

3   § 3363. Recommended immunizations. immunizations and preventive services.

4   (b) A health carrier shall provide coverage for the following items and services. A health carrier shall not impose

5 any costs, such as a copayment, coinsurance or deductible with respect to the following items and services:

6   (1) Except as otherwise provided in this section, evidence-based items or services that have in effect had a

7   rating of “A” or “B” in the recommendations of the United States Preventive Services Task Force that were in effect on

8   January 1, 2025 with respect to the individual involved; involved.

9   (2) Immunizations for routine use in children, adolescents and adults that have in effect a recommendation

10  from were recommended by the Advisory Committee on Immunization Practices of the Centers for Disease Control

11  and Prevention Prevention in effect on January 1, 2025, or other immunizations that were supported by national

12  clinical guidelines or national standards of care in effect on January 1, 2025, with respect to the individual involved.

13  For purposes of this paragraph, a recommendation from the Advisory Committee on Immunization Practices of the

14  Centers for Disease Control and Prevention is considered in effect after it has been adopted by the Director of the

15  Centers for Disease Control and Prevention, and a recommendation is considered to be for routine use if it is listed on

16  the Immunization Schedules of the Centers for Disease Control and Prevention; Prevention.

17  (3) With respect to infants, children and adolescents, evidence-informed preventive care, and screenings

18  provided for in comprehensive guidelines supported by the Health Resources and Services Administration; and

19  Administration in effect on January 1, 2025.

20  (4) With respect to women, to the extent not described in paragraph (b)(1) of this section, evidence-informed

21  preventive care and screenings provided for in comprehensive guidelines supported by the Health Resources and

22  Services Administration. Administration in effect on January 1, 2025.

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23          (c) A health carrier is not required to provide coverage for any items or services specified in any recommendation

24 or guideline described in subsection (b) of this section after the recommendation or guideline is no longer described in

25 subsection (b) of this section. [Repealed.]

26          (e) For purposes of subsection (b) of this section and for purpose of any other provision of law, the United States

27 Preventive Services Task Force recommendations regarding breast cancer screening, mammography and prevention issued

28 in or around November 2009 are not considered to be current. [Repealed.]

29          (f) A health carrier shall at least annually at the beginning of each new plan year or policy year, whichever is

30 applicable, revise the preventive services covered under its health benefit plans pursuant to this section consistent with the

31 recommendations of the United States Preventive Services Task Force, the Advisory Committee on Immunization Practices

32 of the Centers for Disease Control and Prevention and the guidelines with respect to infants, children, adolescents and

33 women evidence-based preventive care and screenings provided for in comprehensive guidelines supported by the Health

34 Resources and Services Administration in effect at the time. [Repealed.]

35          (m) Nothing in this section prohibits a health carrier from providing coverage for items and services in addition to

36 those recommended by the United States Preventive Services Task Force or the Advisory Committee on Immunization

37 Practices of the Centers for Disease Control and Prevention, or provided by guidelines supported by the Health Resources

38 and Services Administration, or from denying coverage for items and services that are not recommended by that task force

39 or that advisory committee, or under those guidelines. Administration. A health carrier may impose cost-sharing

40 requirements for a treatment not described in this section even if the treatment results from an item or service described

41 herein.

42          Section 2. Amend § 3558, Title 18 of the Delaware Code by making deletions as shown by strike through and

43 insertions as shown by underline as follows:

44          § 3558. Immunizations and preventive services.

45          (a) This section applies to any health carrier providing coverage under an individual or group health benefit plan.

46                 (1) This section does not apply to grandfathered plan coverage.

47                 (2) For purposes of this section, “grandfathered plan coverage” means coverage provided by a health

48          carrier in which an individual was enrolled on March 23, 2010, for as long as it maintains that status in accordance

49          with federal regulations.

50                 (3) This section shall not apply to accident-only, specified diseases, hospital, indemnity, disability income

51          or other fixed indemnity policies.

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52  (b) A health carrier shall provide coverage for the following items and services. A health carrier shall not impose

53 any costs, such as a copayment, coinsurance or deductible with respect to the following items and services:

54                 (1) Except as otherwise provided in this section, evidence-based items or services that have in effect had

55  a rating of A or B in the recommendations of the United States Preventive Services Task Force that were in effect

56  on January 1, 2025 with respect to the individual involved; involved.

57                 (2) Immunizations for routine use in children, adolescents and adults that have in effect a

58  recommendation from were recommended by the Advisory Committee on Immunization Practices of the Centers

59  for Disease Control and Prevention Prevention in effect on January 1, 2025, or other immunizations that were

60  supported by national clinical guidelines or national standards of care in effect on January 1, 2025, with respect to

61  the individual involved. For purposes of this paragraph, a recommendation from the Advisory Committee on

62  Immunization Practices of the Centers for Disease Control and Prevention is considered in effect after it has been

63  adopted by the Director of the Centers for Disease Control and Prevention, and a recommendation is considered to

64  be for routine use if it is listed on the Immunization Schedules of the Centers for Disease Control and Prevention;

65  Prevention.

66                 (3) With respect to infants, children and adolescents, evidence-informed preventive care, and screenings

67  provided for in comprehensive guidelines supported by the Health Resources and Services Administration; and

68  Administration in effect on January 1, 2025.

69                 (4) With respect to women, to the extent not described in paragraph (b)(1) of this section, evidence-

70  informed preventive care and screenings provided for in comprehensive guidelines supported by the Health

71  Resources and Services Administration. Administration in effect on January 1, 2025.

72  (c) A health carrier is not required to provide coverage for any items or services specified in any recommendation

73 or guideline described in subsection (b) of this section after the recommendation or guideline is no longer described in

74 subsection (b) of this section. [Repealed.]

75  (e) For purposes of subsection (b) of this section and for purpose of any other provision of law, the United States

76 Preventive Services Task Force recommendations regarding breast cancer screening, mammography and prevention issued

77 in or around November 2009 are not considered to be current. [Repealed.]

78  (f) A health carrier shall at least annually at the beginning of each new plan year or policy year, whichever is

79 applicable, revise the preventive services covered under its health benefit plans pursuant to this section consistent with the

80 recommendations of the United States Preventive Services Task Force, the Advisory Committee on Immunization Practices

81 of the Centers for Disease Control and Prevention and the guidelines with respect to infants, children, adolescents and

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82 women evidence-based preventive care and screenings provided for in comprehensive guidelines supported by the Health

83 Resources and Services Administration in effect at the time. [Repealed.]

84          (m) Nothing in this section prohibits a health carrier from providing coverage for items and services in addition to

85 those recommended by the United States Preventive Services Task Force or the Advisory Committee on Immunization

86 Practices of the Centers for Disease Control and Prevention, or provided by guidelines supported by the Health Resources

87 and Services Administration, or from denying coverage for items and services that are not recommended by that task force

88 or that advisory committee, or under those guidelines. Administration. A health carrier may impose cost-sharing

89 requirements for a treatment not described in this section even if the treatment results from an item or service described

90 herein.

                                                                        SYNOPSIS

              This Act clarifies that individual, group, and blanket health insurance carriers must provide for and pay for
    services (including immunizations) that were recommended by the Advisory Committee on Immunization Practices of the
    Center for Disease Control (CDC) and the comprehensive guidelines supported by the Health Resources and Services
    Administration (HRSA) that were in effect as of January 1, 2025. They must also cover immunizations that were supported
    by national clinical guidelines or national standards of care in effect on January 1, 2025.

              To that end, this Act removes provisions that permit carriers to deny coverage for these items or services simply
    because they are not currently recommended by the Advisory Committee on Immunization Practices of the CDC and the
    comprehensive guidelines supported by the HRSA. This Act also removes obsolete United States Preventative Task Force
    provisions related to breast cancer screening from 2009.

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