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SPONSOR: Rep. Minor-Brown & Sen. Poore
Reps. Gorman, Berry, Lambert, Snyder-Hall, Harris; Sen.
Wilson
HOUSE OF REPRESENTATIVES
153rd GENERAL ASSEMBLY
HOUSE BILL NO. 435
AN ACT TO AMEND TITLES 18, 29, AND 31 OF THE DELAWARE CODE RELATING TO CERTIFIED
REGISTERED NURSE ANESTHETISTS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
1 Section 1. Amend Chapter 23, Title 18 of the Delaware Code by making deletions as shown by strike through and
2 insertions as shown by underline as follows:
3 § 2318. Care by advanced practice nurses. nurses; certified registered nurse anesthetists.
4 (a) No health insurer, health service corporation or health maintenance organization shall deny benefits for eligible
5 services when the services are rendered or performed by an advanced practice registered nurse as long as said the advanced
6 practice registered nurse acts within the scope of practice and/or definitions pursuant to Title 24. Any contract of insurance
7 issued or issued for delivery in this State by health insurers, health service corporations or health maintenance organizations
8 shall not exclude advanced practice registered nurses as providers of services covered in the contract.
9 (b) All health insurance policies, contracts, or certificates that are delivered, issued for delivery, renewed,
10 extended, or modified in this State and that provide coverage for a health service that a certified registered nurse anesthetist
11 is licensed to perform under Title 24 shall provide for reimbursement of the service provided by the certified registered
12 nurse anesthetist at a reimbursement rate that is not less than the reimbursement rate paid to licensed physicians providing
13 the same service.
14 (c) Nothing in this section shall be construed to prohibit a health insurer, health service corporation, or health
15 maintenance organization from establishing variable reimbursement rates based on quality or performance measures.
16 Section 2. Amend Chapter 52, Title 29 of the Delaware Code by making deletions as shown by strike through and
17 insertions as shown by underline as follows:
18 § 5224. Certified registered nurse anesthetists.
19 (a) If the plan provides coverage for a health service that a certified registered nurse anesthetist is licensed to
20 perform under Title 24, the reimbursement rate for the service provided by the certified registered nurse anesthetist may not
21 be less than the reimbursement rate paid to licensed physicians providing the same service.
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22 (b) Nothing in this section shall be construed to prohibit the plan from establishing variable reimbursement rates
23 based on quality or performance measures.
24 Section 3. Amend Chapter 5, Title 31 of the Delaware Code by making deletions as shown by strike through and
25 insertions as shown by underline as follows:
26 § 539. Certified registered nurse anesthetists.
27 (a) Carriers that provide coverage for a health service that a certified registered nurse anesthetist is licensed to
28 perform under Title 24 shall provide reimbursement for the service provided by the certified registered nurse anesthetist at a
29 reimbursement rate that is not less than the reimbursement rate paid to licensed physicians providing the same service.
30 (b) Nothing in this section shall be construed to prohibit a carrier from establishing variable reimbursement rates
31 based on quality or performance measures.
32 Section 4. This Act applies to all policies, contracts, or certificates issued, renewed, modified, altered, amended, or
33 reissued after December 31, 2026.
SYNOPSIS
This Act prohibits individual, group, state employee, and Medicaid health plans from differentiating in the
reimbursement rate of a health service based on whether the service was provided by a certified registered nurse anesthetist
or by a physician.
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