AN ACT TO AMEND TITLES 18, 29, AND 31 OF THE DELAWARE CODE RELATING TO COMMON SUMMARY PAYMENT FORMS AND PROTECTION OF SENSITIVE HEALTH CARE SERVICES.

The ability of insured dependents and other insured members to receive confidential sensitive health care services without the knowledge of the insured policyholder is greatly impeded through traditional billing processes utilized by health insurers. The most frequent form used is an explanation of benefit (EOB) sent to the policyholder after anyone covered under the policy receives care. The lack of confidentiality for sensitive health care services can often result in insured members simply avoiding necessary health care. This Act amends Titles 18, 29, and 31 to require both individual and group health carriers, including those providing coverage under the State health insurance plans, to use a common summary of payment form, developed by the Department of Insurance, for defined sensitive health care services. The Act prohibits the health carriers from specifying any defined sensitive health care services in the form, allows health carriers to address the form to the insured member, allows insured members to choose their preferred method of receiving said form, and precludes health carriers from sending the form when there is no payment liability for the visit or service provided. The Act also amends Title 31 to provide that any carrier providing health insurance to Medicaid recipients may not divulge defined sensitive health care services without the recipient’s express written or telephone recorded consent. The Department of Insurance is required to issue guidance to health insurers within 1 year of enactment. The Division of Public Health is required to establish a plan to educate health care providers and staff of hospitals, medical offices, community health centers and school-based health centers to promote compliance with this Act within 1 year of enactment.