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Enacted

Delaware requires private insurers to cover medically necessary mental health and substance use care under gold-standard clinical guidelines

Original title: AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO INSURANCE COVERAGE.

Last action · September 8, 2026: Signed by GovernorSponsors: Bryan Townsend and 22 others

Introduced
Committee
Floor Vote
Passed
Law

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What This Bill Does

Delaware enacts the Fair Standards in Mental Health Care Act to require private health insurers to cover medically necessary mental health and substance use disorder treatments using evidence-based clinical standards, ending certain prior authorization delays and prohibiting discrimination. The law applies to individual and group policies issued or renewed after December 31, 2027.

Why it matters

Residents seeking mental health or addiction treatment face fewer coverage denials, eliminated prior authorization barriers for mental health emergencies, and guaranteed access to out-of-network care at no extra cost if in-network providers are unavailable.

Who It Affects

Groups the bill's text affects, as described in the record. Being affected is not a position for or against it.

Directly affected

private health insurance enrollees

Enrollees gain guaranteed coverage for medically necessary mental health and substance use disorder treatments, elimination of prior authorization delays for emergencies, and zero-cost out-of-network access when in-network providers are unavailable.

Directly affected

health insurance carriers

Carriers must update their policy definitions, formulary tiers for addiction medications, and clinical review standards, and they must provide NQTL parity analyses free of charge upon request.

Directly affected

mental health and substance use disorder treatment providers

Providers experience fewer administrative barriers and coverage denials when delivering medically necessary care to patients.

Key Facts

You don't have to trust us. Each fact below is taken straight from the official document - click any one to see the exact passage, highlighted in the original.

Frequently Asked Questions

What does the Fair Standards in Mental Health Care Act change for insurance coverage?
It requires private insurers to cover all medically necessary mental health and substance use disorder treatments using evidence-based clinical guidelines, eliminates prior authorization for mental health emergencies, and requires certain addiction medications to be placed on the lowest-cost formulary tier.
When do these new insurance requirements take effect?
The Act applies to all policies, contracts, or certificates issued, renewed, modified, altered, amended, or reissued after December 31, 2027.
What happens if an in-network mental health provider is not available?
Carriers must arrange coverage for medically necessary out-of-network services without additional cost to the enrollee if in-network options are not available within applicable network access standards.

What else do you want to know?

News Coverage

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Where This Stands

Current status: Signed into law.

Procedural history

10 actions
  1. Sep 8, 2026Office of the GovernorEnrolled
    Signed by Governor
  2. Jun 10, 2026SenateFloor
    Passed By Senate. Votes: 20 YES 1 ABSENT
  3. Jun 9, 2026HouseFloor
    Passed By House. Votes: 33 YES 2 NO 6 ABSENT
  4. Jun 9, 2026HouseCommittee
    Amendment HA 1 to SB 22 - Passed In House by Voice Vote
  5. Jun 9, 2026SenateCommittee
    Amendment HA 1 to SB 22 - Introduced and Placed With Bill
  6. May 20, 2026HouseCommittee
    Reported Out of Committee (Health & Human Development) in House with 4 Favorable, 5 On Its Merits
Show 4 earlier actions
  1. May 14, 2026HouseIntroduced
    Assigned to Health & Human Development Committee in House
  2. May 13, 2026SenateFloor
    Passed By Senate. Votes: 21 YES
  3. May 5, 2026SenateCommittee
    Reported Out of Committee (Health & Social Services) in Senate with 5 Favorable
  4. Apr 22, 2026SenateIntroduced
    Introduced and Assigned to Health & Social Services Committee in Senate

Version history

Only one version on file - nothing to compare yet. As later stages (committee substitute, engrossed, enrolled) are captured, the redline appears here.

View official text →

Voting Record

Show 1 earlier roll call

Lobbying Activity

No state lobbying filings in our records match this bill. Federal lobbying reports (LDA) cover Congress, so they are not listed on state bills.

Full breakdown

Who this bill affects and the strongest case for and against it, written only from the bill’s own text.

Sponsors

Discoveries

1 pattern noticed across the record

Patterns POLISCOPE noticed across the record. These are observations to investigate, not conclusions.

policy shift100% confidence

Elimination of Private Right of Action Bar

The Act explicitly removes language barring a private right of action under 18 Del. Code § 3343, opening a legal avenue for enforcement by individuals.

Connected Entities

Chapter 33 of Title 18, American Academy of Child and Adolescent Psychiatry, Chapter 35 of Title 18
otherChapter 33 of Title 18“Governs individual health insurance policies affected by the Act”Map →
OrganizationAmerican Academy of Child and Adolescent Psychiatry“Independent expert whose clinical standards insurers are required to use”Map →
otherChapter 35 of Title 18“Governs group and blanket health insurance policies affected by the Act”Map →

Sources

Open source document

legis.delaware.gov

Analysis Score

0–100
  • Significance85
    How much this matters to a regular citizen
  • Controversy40
    Intensity of disagreement among stakeholders
  • Entertainment5
    Compellingness for a non-policy-wonk reader
  • Buzz60
    Current news / social attention level

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