HB 200 Delaware House · 153rd General Assembly (2025-2026)

AN ACT TO AMEND TITLE 18, TITLE 29, AND TITLE 31 OF THE DELAWARE CODE RELATING TO INSURANCE COVERAGE FOR TREATMENT TO PREVENT HIV INFECTION.

Summary
This Act is a substitute for HB 200 and differs from HB 200 by requiring health insurance coverage only for pre-exposure prophylaxis (“PrEP”) medication and post-exposure prophylaxis (“PEP”) medication. This Act also makes technical corrections including updating section numbers and updating the applicability date so insurance companies can file rates that include the cost of the coverage required under this Act. This Act requires individual health insurance plans, group and blanket health insurance plans, the state employee health plan, and state Medicaid insurance to cover medically necessary PrEP medication for the prevention of human immunodeficiency virus (“HIV”) infection before possible HIV exposure and medically necessary PEP medication for the prevention of HIV infection after possible HIV exposure. The coverage must include must be provided without any of the following: 1. Cost-sharing requirements, including deductibles, coinsurance, copayments, and out-of-pocket expenses. 2. Prior authorization or step therapy requirements. 3. Unreasonable delay in coverage determination. This Act applies to all policies, contracts, or certificates that are renewed, modified, altered, amended, or reissued after December 31, 2027.
Bill status passed both 4 of 5 stages cleared
Introduction
Jan 2026
Committee Review
Apr 2026
House Passage
Jun 2026
Senate Passage
Jun 2026
Governor
Introduced Jan 8, 2026 Last action Jun 25, 2026
Maddy AI version diff · 2 comparisons

What changed between versions

SA 1 to HS 1 for HB 200 Bill Text · 7 edits
MODERATE
The House stripped out the Senate's expansion of coverage to include 'essential support services' (HIV testing, hepatitis testing, kidney function assessment, pregnancy testing, STI screening, and adherence counseling), narrowing the bill back to requiring only PrEP and PEP medication coverage. The House also removed the Senate's detailed therapeutic equivalent rules, reverted the applicability date from 2026 back to 2027, and added explicit exemptions for limited-benefit policies and catastrophic/high-deductible plans.
SCOPE

Removed all 'essential support services' that the Senate had added, including HIV testing, Hepatitis B and C testing, kidney function assessment (creatinine testing), pregnancy testing, STI screening and counseling, and adherence counseling. The bill now only mandates coverage for PrEP and PEP medications themselves.

Added explicit exemptions for accident-only, specified disease, hospital indemnity, Medicare supplement, long-term care, disability income, and other limited health insurance policies from the coverage mandate.

Changed sponsorship from a single-senate bill (Sen. Pinkney) to a multi-chamber bill with four primary sponsors (Rep. Chukwuocha, Sen. Pinkney, Rep. Morrison, Rep. Neal) and nine additional House co-sponsors, reflecting the House's rework of the legislation.

REQUIREMENT

Removed the Senate's detailed 'therapeutic equivalent' definition and rules, which had specified that plans need not cover all FDA-approved equivalent versions of a PrEP or PEP drug, that long-acting versions with different durations are not therapeutically equivalent, and that provider-recommended specific drugs must be covered without cost-sharing.

TIMELINE

Changed the applicability date from December 31, 2026 (as set by the Senate) back to December 31, 2027. The synopsis notes this was done so insurance companies can file rates that include the cost of the required coverage.

ELIGIBILITY

Added exceptions for catastrophic health plans (under ACA section 1302(e)) and high-deductible health plans (under IRC section 223(c)(2)), allowing cost-sharing where it would cause the plan to lose its federal tax classification. For HSA-qualified HDHPs, the no-cost-sharing rule only applies after the deductible is met.

DEFINITION

Changed the definition of 'medically necessary' from a cross-reference to existing code sections (as the Senate had done) to a self-contained definition: 'includes prescribing PrEP and PEP to individuals who are at increased risk of HIV acquisition.' Also removed the Senate's added 'FDA' shorthand definition.

Floor votes · Senate Jun 24, 2026 · House Mar 26, 2026

How they voted

210
Passed
Total votes 21
Jun 24, 2026
D Democratic15
15 Yea
100% Yea
R Republican6
6 Yea
100% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
11
Key actions
7
Committee
2
Amendments
4
Jun 25, 2026
Lower · Passed
Passed By House. Votes: 39 YES 2 ABSENT
lower
Jun 24, 2026
Upper · Passed
Passed By Senate. Votes: 21 YES
upper
Jun 24, 2026
Upper · Passed
Amendment SA 1 to HS 1 - Passed By Senate. Votes: 20 YES 1 ABSENT
upper
Jun 23, 2026
Introduced
Amendment SA 1 to HS 1 - Introduced and Placed With Bill
lower
Apr 22, 2026
Upper · Passed
Reported Out of Committee (Banking, Business, Insurance & Technology) in Senate with 1 Favorable, 5 On Its Merits
upper
Mar 26, 2026
Introduced
Assigned to Banking, Business, Insurance & Technology Committee in Senate
upper
Mar 26, 2026
Lower · Passed
Passed By House. Votes: 39 YES 1 NOT VOTING 1 ABSENT
lower
Mar 26, 2026
Lower · Passed
Amendment HA 1 to HS 1 - Passed In House by Voice Vote
lower
Mar 17, 2026
Introduced
Amendment HA 1 to HS 1 - Introduced and Placed With Bill
lower
Mar 17, 2026
Lower · Passed
Reported Out of Committee (Economic Development/Banking/Insurance & Commerce) in House with 2 Favorable, 8 On Its Merits
lower
Jan 8, 2026
Introduced
Adopted in lieu of the original bill HB 200, and Assigned to Economic Development/Banking/Insurance & Commerce Committee in House
lower
13 primary · 0 co-sponsors

Sponsors