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Read. Follow. Verify.Delaware requires private insurers to cover medically necessary mental health and substance use care under gold-standard clinical guidelines
Last action · September 8, 2026: Signed by GovernorSponsors: Bryan Townsend and 22 others
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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.
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.
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.
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.
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?
When do these new insurance requirements take effect?
What happens if an in-network mental health provider is not available?
What else do you want to know?
News Coverage
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Votes, people, money & the original sourceWhere This Stands
Current status: Signed into law.
Procedural history
10 actions- Sep 8, 2026Office of the GovernorEnrolledSigned by Governor
- Jun 10, 2026SenateFloorPassed By Senate. Votes: 20 YES 1 ABSENT
- Jun 9, 2026HouseFloorPassed By House. Votes: 33 YES 2 NO 6 ABSENT
- Jun 9, 2026HouseCommitteeAmendment HA 1 to SB 22 - Passed In House by Voice Vote
- Jun 9, 2026SenateCommitteeAmendment HA 1 to SB 22 - Introduced and Placed With Bill
- May 20, 2026HouseCommitteeReported Out of Committee (Health & Human Development) in House with 4 Favorable, 5 On Its Merits
Show 4 earlier actions
- May 14, 2026HouseIntroducedAssigned to Health & Human Development Committee in House
- May 13, 2026SenateFloorPassed By Senate. Votes: 21 YES
- May 5, 2026SenateCommitteeReported Out of Committee (Health & Social Services) in Senate with 5 Favorable
- Apr 22, 2026SenateIntroducedIntroduced 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
2/3
Total
20
- Yes
- 20
- No
- 0
- Present
- 0
- Not voting
- 0
- Abstain
- 0
How they voted (20)
Show 1 earlier roll call
SM
Total
35
- Yes
- 33
- No
- 2
- Present
- 0
- Not voting
- 0
- Abstain
- 0
How they voted (35)
11 more members
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
Show 18 more sponsors
Discoveries
Patterns POLISCOPE noticed across the record. These are observations to investigate, not conclusions.
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
Sources
legis.delaware.gov
Analysis Score
0–100- Significance85How much this matters to a regular citizen
- Controversy40Intensity of disagreement among stakeholders
- Entertainment5Compellingness for a non-policy-wonk reader
- Buzz60Current news / social attention level
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