govt.fyi
Back to SB 12
Delaware General Assembly· SB 12Signed

Delaware Pre-Authorization Reform Act of 2025, 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: Sen. Townsend & Sen. Poore & Rep. Griffith &
                                                                  Rep. Minor-Brown
                                                                  Sens. Hoffner, Huxtable, Richardson, Seigfried, Sokola,
                                                                  Walsh; Reps. Carson, Gorman, Morrison, Romer,
                                                                  Ross Levin

                                                  DELAWARE STATE SENATE
                                                  153rd GENERAL ASSEMBLY

                                                  SENATE BILL NO. 12

           AN ACT TO AMEND TITLE 18 AND TITLE 29 OF THE DELAWARE CODE RELATING TO THE DELAWARE
           PRE AUTHORIZATION ACT OF 2025.

1          WHEREAS, according to a 2023 survey of physicians conducted by the American Medical Association, physician

2 offices spend approximately 2 business days per week dealing with insurance pre-authorization requirements and on

3 average complete 45 pre-authorizations per physician each week; and

4          WHEREAS, in this same survey: (i) 94% of physicians reported that pre-authorization requirements have delayed

5 necessary care for patients; (ii) 89% of physicians reported that pre-authorization requirements had a “somewhat or

6 significant negative impact” on patient clinical outcomes; (iii) 80% of physicians reported that pre-authorization

7 requirements can lead to patients abandoning treatments; (iv) more than 60% of physicians reported that pre-authorization

8 requirements have led to ineffective initial treatments or additional office visits; and (v) 33% of physicians reported that

9 pre-authorization requirements have led to a serious adverse event (death, hospitalization, disability/permanent bodily

10 damage, or other life-threatening event); and

11         WHEREAS, the General Assembly believes that reforming the laws relating to insurance pre-authorization

12 practices is an important part of keeping Delaware residents healthy and assuring that patients can access necessary medical

13 care in a timely manner.

14         NOW, THEREFORE:

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

16         Section 1. Amend Chapter 33, Title 18 of the Delaware Code by making deletions as shown by strike through and

17 insertions as shown by underline as follows and by redesignating accordingly:

18         § 3371. Definitions.

19         In this section, the following words have the meanings indicated:

20         ( ) "Episode of Care" means care that meets all of the following:

  2 1                     a. Is for a specific medical problem, condition, or illness being managed by a health-care provider,

22         including tests, procedures, and rehabilitation initially requested by the health-care provider.

           SD : MD : CBK                          Page 1 of 14                    Released: 05/15/2025 04:08 PM
           4761530097
23                  b. Is performed at the site of service.

24                  c. Is not out-of-network care.

25         ( ) "Urgent health-care service" means a covered health-care service subject to prior authorization that is delivered

26 on an expedited basis for the treatment of an acute condition with symptoms of sufficient severity pursuant to a

27 determination by a licensed treating physician, operating within the physician's scope of practice and professional expertise,

28 that the failure to provide the service is likely to result in serious, long-term health complications or a material deterioration

29 in the covered person's or enrollee's condition and prognosis.

30         § 3372.. §3372. Disclosure and review of preauthorization requirements. requirements; adverse

31 determinations.

32         (c) (1) If an insurer, health-benefit plan, or health-service corporation, or utilization review entity intends

33 either to implement a new preauthorization requirement or restriction, either to implement a new preauthorization requi

34 rement or restriction, or amend an existing requirement or restriction, they shall provide covered persons who are

35 currently authorized by the utilization review entity for coverage of the affected health-care service care service

36 and all contracted health-care providers who provide the affected health-care service or services of written

37 notice of the new or amended requirement or amendment no less than 60 days before the requirement or

38 restriction is implemented. Such notice may be delivered electronically or by other means.

39  (2) Notwithstanding the provisions of paragraph (c)(1) of this section, if an insurer, health benefit plan, health-

40 service corporation, or utilization review entity changes utilization review terms, such as clinical criteria, for a health-care

41 service, the change in utilization review terms does not apply to covered persons with an existing authorization for the

42 health-care service, and will apply only upon re-authorization of the health-care service. An insurer, health benefit plan,

43 health-service corporation, or utilization review entity must provide notice to covered persons at least 6 months before any

44 changes to utilization review terms for a health-care service, unless those changes were due to clinical guideline status

45 changes, recalls, market withdrawals or relevant FDA published safety information.

46  (d) Insurers, health-benefit plans and health-service corporations utilizing pre-authorization shall report de-identified

47 statistics regarding pre-authorization approvals, denials, and appeals to the Delaware Health Information Network in a

48 format and frequency, no less than twice annually, of the Delaware Health Information Network’s request. The Department

49 may also request this data at any time. The statistics shall include, but may be expanded upon or further delineated by

50 regulation, categories for all of the following:

51         (1) For denials, the aggregated reasons for denials such as as, but not limited to, medical necessity or

52 incomplete pre-authorization submission.

    SD : MD : CBK                                    Page 2 of 14                      Released: 05/15/2025 04:08 PM
    4761530097
53  (2) For appeals:

54  a. 1. Practitioner specialty; specialty.

55  b. 2. Medication, diagnostic test, or diagnostic procedure; procedure.

56  c. 3. Indication offered; offered.

57  d. 4. Reason for underlying denial; and denial.

58  e. 5. Number of denials overturned upon appeal.

59  (e) Utilization review; specific requirements related to adverse determinations –

60  (1) When a clean pre-authorization request is submitted by a physician or representative of a physician, an insurer,

61 health-benefit plan, health-service corporation, or utilization review entity must ensure that any adverse determination is

62 made by a physician who meets all of the following requirements:

63  a. Any compensation paid to the physician is not contingent upon the outcome of the review.

64  b. At least one of the following requirements is satisfied:

65                 1. The physician is licensed in any United States jurisdiction with appropriate training, knowledge, or

66  experience in the same or similar specialty that typically manages or consults on the health-care service in

67  question.

68                 2. The physician is licensed in any United States jurisdiction, in consultation with an appropriately

69  qualified third-party health-care provider licensed in the same or similar medical specialty as the requesting

70  physician, or a health-care provider with experience related to the covered person’s associated condition. Any

71  compensation paid to the consulting health-care provider may not be contingent upon the outcome of the review.

72  (2) An insurer, health-benefit plan, health-service corporation, or utilization review entity must ensure that all

73 appeals of an adverse determination related to a clean pre-authorization request submitted by a physician or representative

74 of a physician are reviewed and determined by a physician who meets all of the following requirements, in addition to the

75 requirements set forth in paragraph (e)(1) of this section:

76                 a. Possesses a current, unrestricted license in good standing to practice medicine in any United States

77  jurisdiction.

78                 b. Was not directly involved in making the adverse determination under appeal.

79                 c. Reviews and considers all clinical aspects of the health-care service under appeal, including all

80  medical records of the covered person submitted as part of the pre-authorization process.

81  (3) When a clean pre-authorization request is submitted by a health-care provider other than a physician, an

82 adverse determination or review in an appeal from an adverse determination must be made by a health-care provider

    SD : MD : CBK                             Page 3 of 14                             Released: 05/15/2025 04:08 PM
    4761530097
83 licensed in the same or similar profession as the health-care provider submitting the request for pre-authorization, or a

84 licensed health-care provider in consultation with an appropriately qualified third-party health-care provider licensed in the

85 same or similar medical specialty as the requesting health-care provider.

86   (4) A utilization review entity must, within 15 days of the receipt of an appeal of an adverse determination, notify

87 the covered person and health-care provider submitting the request for pre-authorization of determination on the appeal. If

88 the utilization review entity cannot make a determination within the 15-day period because additional information,

89 documentation, or medical records are required to complete a review of the health-care service under appeal, the utilization

90 review entity must notify the covered person and health-care provider submitting the request for pre-authorization in

91 writing within the 15-day period specifying the additional information, documentation, or medical records required to

92 complete the determination on appeal and shall have 15 days from the receipt thereof to make a determination on the appeal

93 and notify the covered person and health-care provider. The written notification required by this paragraph must include all

94 of the following:

95                    a. A summary of the findings supporting the determination made in the appeal.

96                    b. The qualifications of any reviewer involved in making the determination in the appeal,

97 including any license, certification, or specialty designation of any reviewer.

98                    c. The relationship between the covered person’s diagnosis or disease being treated and the review

99   criteria used as the basis for the determination in the appeal, including the specific basis for the determination

100  made.

101  (5) An insurer, health-benefit plan, or health-service corporation must ensure that any utilization

102  review entity used to perform utilization review complies with all of the following:

103                   a. Performs utilization review on weekends.

104                   b. Provides access to a medical director or other clinical decision maker Monday through Friday

105  between the hours of 7:00 AM and 7:00 PM and during reasonable business hours Saturday through Sunday.

106                   c. Has established procedures for the submission of appeals in writing, electronically, or by

107  telephone.

108                   d. Provides a minimum of 30 days from the date of an adverse determination for the submission of an

109  appeal.

110  §3373. . Utilization review entity’s obligation with respect to pre-authorization in non-emergency

111  circumstances.

112                   (a) If a utilization review entity requires pre-authorization of a pharmaceutical, the utilization review

     SD : MD : CBK    Page 4 of 14                                                  Released: 05/15/2025 04:08 PM
     4761530097
113 entity must complete its process or render an adverse determination and notify the covered person’s health-care provider

114 within 2 business days of obtaining a clean pre-authorization or of using services described in § 3377 of this title.

115  (b) If a utilization review entity requires pre-authorization of a health-care service, the utilization review entity

116 must grant a pre-authorization or issue an adverse determination and notify the covered person's health-care provider of the

117 determination within 8 business 5 business days of receipt of a clean pre-authorization not submitted through electronic

118 pre-authorization. using services described in § 3377 of this title. For purposes of this subsection, a clean preauthorization

119 includes the results of any face-to-face clinical evaluation or second opinion that may be required.

120  (c) If a utilization review entity requires pre-authorization of a health-care service, the utilization review entity

121 must grant a pre-authorization or issue an adverse determination and notify the covered person’s health-care provider of the

122 determination within 5 3 business days of receipt of a clean pre-authorization through electronic pre-authorization

123 submitted using services described in § 3377 of this title. For purposes of this subsection, a clean pre-authorization

124 includes the results of any face-to-face clinical evaluation or second opinion that may be required.

125  (d) If a utilization review entity requires pre-authorization of an urgent health-care service, the utilization review

126 entity must grant a pre-authorization or issue an adverse determination and notify the covered person’s health-care provider

127 of the determination within 24 hours of receipt of a clean pre-authorization submitted using services described in § 3377 of

128 this title. For purposes of this subsection, a clean pre-authorization includes the results of any face-to-face clinical

129 evaluation or second opinion that may be required.

130  (e)(1) If a utilization review entity requires pre-authorization of a patient transfer, the utilization review entity

131 must grant a pre-authorization or issue an adverse determination and notify the covered person’s health-care provider of

132 the determination within 24 hours of receipt of a clean pre-authorization submitted using services described in § 3377 of

133 this title. For purposes of this subsection, a clean pre-authorization includes the results of any face-to-face clinical

134 evaluation or second opinion that may be required.

135  (2) Notwithstanding the provisions in paragraph (e)(1) of this section, when an insurer, health-benefit plan, or

136 health-service corporation has determined that a lower level of care at a health-care facility is clinically appropriate, the

137 insurer, health benefit plan, or health-service corporation may not require pre-authorization for medically necessary

138 interfacility transport of the covered person.

139  (f) If a utilization review entity requires pre-authorization of an urgent health-care service, the utilization review

140 entity must grant a pre-authorization or issue an adverse determination and notify the covered person's health-care provider

141 of the determination within 48 hours of receipt of a clean pre-authorization submitted not using services described in §

     SD : MD : CBK                                      Page 5 of 14  Released: 05/15/2025 04:08 PM
     4761530097
142 3377 of this title. For purposes of this subsection, a clean pre-authorization includes the results of any face-to-face clinical

143 evaluation or second opinion that may be required.

144  (g) If a utilization review entity requires pre-authorization of a patient transfer, the review entity must grant a pre-

145 authorization or issue an adverse determination and notify the covered person's health-care provider of the determination

146 within 48 hours of receipt of a clean pre-authorization not submitted using services described in § 3377 of this title. For

147 purposes of this subsection, a clean pre-authorization includes the results of any face-to-face clinical evaluation or second

148 opinion that may be required.

149  § 3376. Effect and Length length of pre-authorization. authorization; limitation per episode of care.

150  (b) A pre-authorization for a health-care service shall be valid for a period of time that is reasonable and

151  customary for the specific service, but no less than 60 days 90 days, from the date the health-care provider

152 receives the pre-authorization, subject to confirmation of continued coverage and eligibility and to policy changes

153 validly delivered as per § 3372 of this title.

154  (c) Limitation per episode of care – An insurer, health-benefit plan, or health-service corporation may not

155 require more than 1 pre-authorization for an episode of care. Any new treatment or additional testing or procedures related

156 o r unrelated to the specific medical problem, condition, or illness being managed may require a separate pre-authorization.

157  (d) Pre-authorization of other covered services in-network - If a utilization review entity gives pre-

158 authorization of a health-care service as part of a group of services for which a bundled payment is charged, pre-

159 authorization of all other covered health-care services provided by in-network providers included in the group is deemed to

160 be approved.

161  § 3377. Electronic standards for pharmaceutical pre-authorization.

162  (a) No later than January 1, 2018, the insurer must accept and respond to pre-authorization requests under the

163 pharmacy benefit through a secure electronic transmission using the NCPDP SCRIPT standard ePA transactions. Facsimile,

164 proprietary payer portals, and electronic forms shall not be considered electronic transmission.

165  (b) No later than January 1, 2027, an insurer, health-benefit plan, health-service corporation, or utilization

166 review entity must allow for and accept electronic pre-authorization requests and must respond to electronic pre-

167 authorization requests through the same website, mobile application, digital platform, or other method as the electronic

168 pre-authorization request was submitted.

169  (c) No later than January 1, 2027, an insurer, health-benefit plan, health-service corporation, or utilization review

170 entity must establish a provider portal that includes all of the following features:

171                 (1) Electronic submission of pre-authorization requests.

     SD : MD : CBK                                      Page 6 of 14                      Released: 05/15/2025 04:08 PM
     4761530097
172                 (2) Access to the insurer’s, health-benefit plan’s, health-service corporation’s, or utilization review

173  entity’s applicable medical policies.

174                 (3) Information necessary to request a peer-to-peer review.

175                 (4) Contact information for the insurer’s, health-benefit plan’s, health-service corporation’s, or utilization

176  review entity’s relevant clinical or administrative staff.

177                 (5) For any health-care service that requires pre-authorization that is not subject to electronic submission

178  via the provider portal, copies of applicable forms.

179                 (6) Instructions for the submission of pre-authorization requests if the insurer’s, health-benefit plan’s,

180  health-service corporation’s, or utilization review entity’s provider portal is unavailable for any reason.

181  (d) Within 12 months following establishment of a provider portal under subsection (c) of this section, the insurer,

182 health-benefit plan, health-service corporation, or utilization review entity may require a health-care provider seeking pre-

183 authorization to submit the request via the provider portal unless one of the following exemptions applies:

184                 (i) The portal is not available and operational at the time of attempted submission.

185                 (ii) The health-care provider does not have access to the insurer’s, health-benefit plan’s, health-

186  service corporation’s, or utilization review entity’s operational provider portal.

187                 (iii) The health-care provider satisfies an allowance by the insurer, health benefit plan, health service

188  corporation, or utilization review entity for submission other than through the provider portal.

189  Section 2. Amend Chapter 35, Title 18 of the Delaware Code by making deletions as shown by strike through and

190 insertions as shown by underline as follows and by redesignating accordingly:

191  § 3581. Definitions. [For application of this section, see 82 Del. Laws, c. 44, § 3].

192  For purposes of this subchapter, the following definitions apply:

193  ( ) "Episode of Care" means care that meets all of the following:

194                 a. Is for a specific medical problem, condition, or illness being managed by a health-care provider,

195  including tests, procedures, and rehabilitation initially requested by the health-care provider.

196       b. Is performed at the site of service.

197       c. Is not out-of-network care.

198  ( ) "Urgent health-care service" means a covered health-care service subject to prior authorization that is delivered

199 on an expedited basis for the treatment of an acute condition with symptoms of sufficient severity pursuant to a

200 determination by a licensed treating physician, operating within the physician's scope of practice and professional expertise,

     SD : MD : CBK                          Page 7 of 14                                 Released: 05/15/2025 04:08 PM
     4761530097
201 that the failure to provide the service is likely to result in serious, long-term health complications or a material deterioration

202 in the covered person's or enrollee's condition and prognosis.

203  § 3582. Disclosure and review of pre-authorization requirements; requirements; adverse determinations.

204  (c) (1) If an insurer, health-benefit plan, or health-service corporation, or utilization review entity intends

205 either to implement a new pre- authorization requirement or restriction, or amend an existing requirement or restriction,

206 they shall provide covered persons who are currently authorized by the utilization review entity for coverage of the

207 affected health-care service and all contracted health-care providers who provide the affected health care service or

208 services of written notice of the new or amended requirement or amendment no less than 60 days before the requirement or

209 restriction is implemented. Such notice may be delivered electronically or by other means.

210  (2) Notwithstanding the provisions of paragraph (c)(1) of this section, if an insurer, health benefit plan, health-

211 service corporation, or utilization review entity changes utilization review terms, such as clinical criteria, for a health-care

212 service, the change in utilization review terms does not apply to covered persons with an existing authorization for the

213 health-care service, and will apply only upon re-authorization of the health-care service. An insurer, health benefit plan,

214 health-service corporation, or utilization review entity must provide notice to covered persons at least 6 months before any

215 changes to utilization review terms for a health-care service, unless those changes were due to clinical guideline status

216 changes, recalls, market withdrawals or relevant FDA published safety information.

217  (d) Insurers, health-benefit plans, and health-service corporations utilizing pre-authorization shall report de-

218 identified statistics regarding pre-authorization approvals, denials, and appeals to the Delaware Health Information Network

219 in a format and frequency, no less than twice annually, of the Delaware Health Information Network’s request. The

220 Department may also request this data at any time. The statistics shall include, but may be expanded upon or further

221 delineated by regulation, categories for all of the following:

222  (1) For denials, the aggregated reasons for denials such as, but not limited to as medical necessity or incomplete

223 pre-authorization submission.

224  (2) For appeals:

225  1. Practitioner specialty; specialty.

226  2. Medication, diagnostic test, or diagnostic procedure; procedure.

227  3. Indication offered; offered.

228  4. Reason for underlying denial; and denial.

229  5. Number of denials overturned upon appeal.

230  (e) Utilization review; Specific requirements related to adverse determinations –

     SD : MD : CBK                                 Page 8 of 14                                 Released: 05/15/2025 04:08 PM
     4761530097
231  (1) When a clean pre-authorization request is submitted by a physician or representative of a physician, an insurer,

232 health-benefit plan, health-service corporation, or utilization review entity must ensure that any adverse determination is

233 made by a physician who meets all of the following requirements:

234                 a. Any compensation paid to the physician is not contingent upon the outcome of the review.

235                 b. At least one of the following requirements is satisfied:

236                 1. The physician is licensed in any United States jurisdiction with appropriate training,

237                 knowledge, or experience in the same or similar specialty that typically manages or consults on the

238                 health-care service in question.

239                 2. The physician is licensed in any United States jurisdiction, in consultation with an

240                 appropriately qualified third-party health-care provider licensed in the same or similar medical specialty

241                 as the requesting physician, or a health-care provider with experience related to the covered person’s

242                 associated condition. Any compensation paid to the consulting health-care provider may not be

243                 contingent upon the outcome of the review.

244  (2) An insurer, health-benefit plan, health-service corporation, or utilization review entity must ensure that all

245 appeals of an adverse determination related to a clean pre-authorization request submitted by a physician or representative

246 of a physician are reviewed and determined by a physician who meets all the following requirements, in addition to the

247 requirements set forth in paragraph (e)(1) of this section:

248                 a. Possesses a current, unrestricted license in good standing to practice medicine in any United States

249  jurisdiction.

250                 b. Was not directly involved in making the adverse determination under appeal.

251                 c. Reviews and considers all clinical aspects of the health-care service under appeal, including all

252  medical records of the covered person submitted as part of the pre-authorization process.

253  (3) When a clean pre-authorization request is submitted by a health-care provider other than a physician, an

254 adverse determination or review in an appeal from an adverse determination must be made by a health-care provider

255 licensed in the same or similar profession as the health-care provider submitting the request for pre-authorization, or a

256 licensed health-care provider in consultation with an appropriately qualified third-party health-care provider licensed in the

257 same or similar medical specialty as the requesting health-care provider.

258  (4) A utilization review entity must, within 15 days of the receipt of an appeal of an adverse determination,

259 notify the covered person and health-care provider submitting the request for pre-authorization of the determination on the

260 appeal. If the utilization review entity cannot make a determination within the 15-day period because additional

     SD : MD : CBK                                    Page 9 of 14               Released: 05/15/2025 04:08 PM
     4761530097
261 information, documentation, or medical records are required to complete a review of the health-care service under appeal,

262 the utilization review entity must notify the covered person and health-care provider submitting the request for pre-

263 authorization in writing within the 15-day period specifying the additional information, documents, or medical records

264 required to complete the determination on appeal and shall have 15 days from the receipt thereof to make a determination

265 on the appeal and notify the covered person and health-care provider. The written notification required by this paragraph

266 must include all of the following:

267                 a. A summary of the findings supporting the determination made in the appeal.

268                 b. The qualifications of any reviewer involved in making the determination in the appeal, including any

269  license, certification, or specialty designation of any reviewer.

270                 c. The relationship between the covered person’s diagnosis or disease being treated and the review

271  criteria used as the basis for the determination in the appeal, including the specific basis for the determination

272  made.

273                 (5) An insurer, health-benefit plan, or health-service corporation must ensure then that any utilization

274  review entity used to perform utilization review complies with all of the following:

275                          a. Performs utilization review on weekends.

276                          b. Provides access to a medical director or other clinical decision-maker Monday through Frida y

277                 between the hours of 7:00 AM to 7:00 PM and during reasonable business hours Saturday through

278                 Sunday.

279                          c. Has established procedures for the submission of appeals in writing, electronically, or by

280                 telephone.

281                          d. Provides a minimum of 30 days from the date of an adverse determination for the submission

282                 of an appeal.

283  § 3583. Utilization review entity’s obligations with respect to pre-authorizations in non-emergency circumstances.

284  (a) If a utilization review entity requires pre-authorization of a pharmaceutical, the utilization review entity must

285 complete its process or render an adverse determination and notify the covered person’s health-care provider within 2

286 business days of obtaining a clean pre-authorization or of using services described in § 3377 § 3587 of this title.

287  (b) If a utilization review entity requires pre-authorization of a health-care service, the utilization review entity

288 must grant a pre-authorization or issue an adverse determination and notify the covered person’s health-care provider of the

289 determination within 8 business 5 business days of receipt of a clean pre-authorization through electronic pre-

     SD : MD : CBK                      Page 10 of 14                     Released: 05/15/2025 04:08 PM
     4761530097
290 authorization not submitted using services described in § 3587 of this title. For purposes of this subsection, a clean pre-

291 authorization includes the results of any face-to-face clinical evaluation or second opinion that may be required.

292  (c) If A utilization review entity requires pre-authorization of a health-care service, the utilization review entity

293 must grant a pre-authorization or issue an adverse determination and notify the covered person’s health-care provider of the

294 determination within 5 3 business days of receipt of a clean pre-authorization through electronic pre-

295 authorization. submitted using services described in § 3587 of this title. For purposes of this subsection, a clean pre-

296 authorization includes the results of any face-to-face clinical evaluation or second opinion that may be required.

297  (d) If a utilization review entity requires pre-authorization of an urgent health-care service, the utilization review

298 entity must grant a pre-authorization or issue an adverse determination and notify the covered person’s health-

299 care provider of the determination within 24 hours of receipt of a clean pre-authorization submitted using services

300 described in § 3587 of this title. For purposes of this subsection, a clean pre-authorization includes the results of any face-

301 to-face clinical evaluation or second opinion that may be required.

302  (e)(1) If a utilization review entity requires pre-authorization of a patient transfer, the utilization review entity must

303 grant a pre-authorization or issue an adverse determination and notify the covered person’s health-care provider of the

304 determination within 24 hours of receipt of a clean pre-authorization submitted using services described in § 3587 of this

305 title. For purposes of this subsection, a clean pre-authorization includes the results of any face-to-face clinical evaluation or

306 second opinion that may be required.

307  (2) Notwithstanding the provisions in paragraph (e)(1) of this section, when an insurer, health-benefit

308  plan or health-service corporation has determined that a lower level of care at a health-care facility is clinically

309 appropriate, the insurer, health benefit plan, or health-service corporation may not require pre-authorization for medically

310 necessary interfacility transport of the covered person.

311  (f) If a utilization review entity requires pre-authorization of an urgent health-care service, the utilization review

312 entity must grant a pre-authorization or issue an adverse determination and notify the covered person's health-care provider

313 of the determination within 48 hours of receipt of a clean pre-authorization submitted not using services described in §

314 3587 of this title. For purposes of this subsection, a clean pre-authorization includes the results of any face-to-face clinical

315 evaluation or second opinion that may be required.

316  (g) If a utilization review entity requires pre-authorization of a patient transfer, the review entity must grant a pre-

317 authorization or issue an adverse determination and notify the covered person's health-care provider of the determination

318 within 48 hours of receipt of a clean pre-authorization not submitted using services described in § 3387 of this title. For

     SD : MD : CBK                                      Page 11 of 14    Released: 05/15/2025 04:08 PM
     4761530097
319 purposes of this subsection, a clean pre-authorization includes the results of any face-to-face clinical evaluation or second

320 opinion that may be required.

321  § 3586. Length Effect and length of pre- authorization. authorization; limitation per episode of care.

322  (b) A pre-authorization for a health-care service shall be valid for a period of time that is reasonable and customary

323 for the specific service, but no less than 60 days 90 days, from the date the health-care provider receives the pre-

324 authorization, subject to confirmation of continued coverage and eligibility and to policy changes validly delivered as per

325 § 3582 of this title.

326  (c) Limitation per episode of care – An insurer, health-benefit plan, or health-service corporation may not require

327 more than 1 pre-authorization for an episode of care. Any new treatment or additional testing or procedures related or

328 unrelated to the specific medical problem, condition, or illness being managed may require a separate pre-authorization.

329  (d) Pre-authorization of other covered services in-network - If a utilization review entity gives pre-authorization of

330 a health-care service as part of a group of services for which a bundled payment is charged, pre-authorization of all other

331 covered health-care services provided by in-network providers included in the group is deemed to be approved.

332  § 3587. Electronic standards for pharmaceutical pre-authorization.

333  (a) No later than January 1, 2018, the insurer must accept and respond to pre-authorization requests under the

334 pharmacy benefit through a secure electronic transmission using the NCPDP SCRIPT standard ePA transactions. Facsimile,

335 proprietary payer portals, and electronic forms shall not be considered electronic transmission.

336  (b) No later than January 1, 2027, an insurer, health-benefit plan, health-service corporation, or utilization review

337 entity must allow for and accept electronic pre-authorization requests and must respond to electronic pre-authorization

338 requests through the same website, mobile application, digital platform, or other method as the electronic pre-authorization

339 request was submitted.

340  (c) No later than January 1, 2027, an insurer, health-benefit plan, health-service corporation, or utilization review

341 entity must establish a provider portal that includes all of the following features:

342                 (1) Electronic submission of pre-authorization requests.

343                 (2) Access to the insurer’s, health-benefit plan’s, health-service corporation’s, or utilization review

344  entity’s applicable medical policies.

345                 (3) Information necessary to request a peer-to-peer review.

346                 (4) Contact information for the insurer’s, health-benefit plan’s, health-service corporation’s, or utilization

347  review entity’s relevant clinical or administrative staff.

     SD : MD : CBK                          Page 12 of 14                                 Released: 05/15/2025 04:08 PM
     4761530097
348                 (5) For any health-care service that requires pre-authorization that is not subject to electronic submission

349         via the provider portal, copies of applicable forms.

350                 (6) Instructions for the submission of pre-authorization requests if the insurer’s, health-benefit plan’s,

351         health-service corporation’s, or utilization review entity’s provider portal is unavailable for any reason.

352         (d) Within 12 months following establishment of a provider portal under subsection (c) of this section, the insurer,

353 health-benefit plan, health-service corporation, or utilization review entity may require a health-care provider seeking pre-

354 authorization to submit the request via the provider portal unless one of the following exemptions applies:

355                 (i) The portal is not available and operational at the time of attempted submission.

356                 (ii) The health-care provider does not have access to the insurer’s, health-benefit plan’s, health service

357         corporation’s, or utilization review entity’s operational provider portal.

358                 (iii) The health-care provider satisfies an allowance by the insurer, health benefit plan, health service

359         corporation, or utilization review entity for submission other than through the provider portal.

360         Section 3. Amend § 5210, Title 29 of the Delaware Code by making deletions as shown by strikethrough and

361 insertions as shown by underline as follows:

362         § 5210. Authority and duties of the State Employee Benefits Committee.

363         The State Employee Benefits Committee established under § 9602 of this title has the following powers, duties,

364 and functions under this chapter:

365         ( ) Ensure that carriers administering plans for group health insurance under this chapter comply with all

366 requirements and provisions concerning pre-authorization set forth in Chapter 33, Subchapter II, and Chapter 35,

367 Subchapter V of Title 18.

368         Section 4. Effective Date. This Act shall apply to all health insurance policies, contracts, or certificates issued,

369 renewed, modified, altered, amended or reissued in this state after December 31, 2026.

370         Section 5. The Department of Health and Social Services must, to the extent feasible, assure that contracts

371 awarded to carriers providing health insurance under § 505(3) of Title 31 after the effective date of this Act include the

372 requirements and provisions concerning pre-authorization set forth in Chapter 33, Subchapter II and Chapter 35, Subchapter

373 V of Title 18.

374         Section 6. This Act shall be known as and may be referred to as the “Delaware Pre-Authorization Reform Act of

375 2025”.

                                                                     SYNOPSIS
            This Legislation is the Delaware Pre-Authorization Reform Act of 2025.

            Section 1 of the Act applies to health Insurance Contracts regulated under Chapter 33 of Title 18.

     SD : MD : CBK                                Page 13 of 14                             Released: 05/15/2025 04:08 PM
     4761530097
          Section 1 provides that changes in utilization review terms for a health-care service, such as the clinical criteria
used to conduct utilization reviews for a health-care service, will apply only upon re-authorization of the health-care
service. Covered persons must be notified at least 6 months before any changes to utilization review terms, except in certain
circumstances such as changes in clinical guideline status

          In addition, Section 1 sets qualifications for who may make determinations with regard to requests for pre-
authorization of health-care services and appeals of adverse determinations; a timeline and required contents for the
notification of an outcome of appeal of an adverse determination or a notification that additional information is necessary to
make the determination of appeal; and requirements for any utilization review entity used to perform utilization review by
an insurer, health-benefit plan, or health-service corporation.

          Section 1 also shortens the timelines for the determination of pre-authorization requests and notification to the
health-care provider of the determination. For requests for pre-authorization of non-urgent health-care services not
submitted electronically, the utilization review entity must notify the health-care provider within 5 business days of receipt
of the request; for requests submitted electronically, notification must be given within 3 business days of receipt. For
requests for pre-authorization for urgent health-care services submitted electronically, notification must be given within 24
hours of receipt.

          By January 1, 2027, insurers, health-benefit plans, health-service corporations, and utilization review entities must
accept and respond to electronic pre-authorization requests through the same platform as the electronic request was
submitted.

          In addition, Section 1 extends the time period that a pre-authorization is valid for from 60 days to 90 days. Finally,
Section 1 provides that no more than 1 pre-authorization may be required for a single episode of care, and that if pre-
authorization is granted as to a health-care service that is part of a group of services for which a bundled payment is
charged, pre-authorization for the other health-care services included in the group is deemed to be approved as well.

          Section 2 of the Act applies to Group and Blanket Health Insurance under Chapter 35 of Title 18 and makes the
same changes to pre-authorization standards and procedures that Section 1 of the Act makes to Health Insurance Contracts
regulated under Chapter 33 of Title 18.

          Section 3 of the Act provides that the State Employee Benefits Committee established under § 9602 of the Title 29
of the Delaware Code must ensure that carriers administering plans for group health insurance comply with the
requirements and provisions for pre-authorization set forth in Chapter 33, Subchapter II and Chapter 35, Subchapter V of
Title 18.

          Section 4 of the Act provides that the Act will apply to health insurance policies, contracts, or certificates issued,
modified, or renewed after December 31, 2026.

          Section 5 of the Act provides that the Department of Health and Social Services must, to the extent feasible, assure
that contracts awarded to carriers providing health insurance relating to Medicaid assistance comply with the requirements
and provisions for pre-authorization set forth in Chapter 33, Subchapter II and Chapter 35, Subchapter V of Title 18.

          Section 6 provides that this Act is known as the "Delaware Pre-Authorization Reform Act of 2025."

                                                                                                                     Author: Senator Townsend

SD : MD : CBK  Page 14 of 14  Released: 05/15/2025 04:08 PM
4761530097
Every fact on this page links to its source, starting with the official bill record.