Delaware HB 400: 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.

Bill Text

HD : MS : MAW
2141510417
Page 1 of 10Released: 04/28/2022  10:24 AM
SPONSOR:  Rep. Griffith & Rep. Longhurst & Rep. Dorsey Walker & 
Rep. Heffernan & Rep. K. Johnson & Rep. Lambert & 
Rep. Minor-Brown & Rep. Wilson-Anton & Sen. Pinkney 
& Sen. S. McBride & Sen. Gay & Sen. Hansen & 
Sen. Poore & Sen. Sturgeon
Reps. Baumbach, Morrison; Sen. Sokola
HOUSE OF REPRESENTATIVES
151st GENERAL ASSEMBLY
HOUSE BILL NO. 400
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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
1Section 1. Amend Chapter 33, Title 18 of the Delaware Code by making deletions as shown by strike through and 
2insertions as shown by underline as follows: 
3§ 3370F. Common Summary of Payment Form. 
4(a) Definitions. For purposes of this section:
5(1) “Health carrier” means any entity subject to the insurance laws and regulations of this State, or subject to 
6the  jurisdiction  of  the  Commissioner,  that  contracts  or  offers  to  contract  to  provide,  deliver,  arrange  for,  pay  for  or 
7reimburse  any  of  the  health-care  services,  including,  but  not  limited  to,  an  insurance  company,  health  service 
8corporation,  health  maintenance  organization,  managed  care  organization,  and  any  other  entity  providing  a  plan  of 
9health insurance or health benefits subject to state insurance regulation. “Health Carrier” also includes any third-party 
10administrator or other entity that adjusts, administers or settles claims in connection with health benefit plans. 
11(2)  "Insured  Member"  means  the  policyholder  or  subscriber  named  under  a  health  insurance  policy  or 
12subscriber contract and any dependent, including minor dependents, covered under the insurance contract or subscriber 
13name.
14(3) “ Sensitive health care services” shall include any of the following:
15a. Reproductive services. 
16b. Contraceptive services. 
17c. Pre- and post-natal services. 
18d. Pregnancy testing and counseling. 
19e. Abortion services. 
20f. Diagnosis and treatment of vaginal infections. 
21g. Management of abnormal Pap smears. 

HD : MS : MAW
2141510417
Page 2 of 10Released: 04/28/2022  10:24 AM
22h. Testing, treatment, and prevention of sexually transmitted diseases. 
23i. Fertility services. 
24j. Gender transition- related services. 
25k. Testing, treatment, and prevention of HIV, AIDS and PREP services. 
26l. Hepatitis B and C testing, treatment, and medications. 
27m. Substance use disorder services, including medication and treatment. 
28n. Mental health services. 
29o. Office visits for assessment of risk of sexual or pregnancy coercion. 
30p. Sexual violence services. 
31q. Domestic violence treatment, support, and counseling services. 
32(b)  The  Department  shall  develop  a  common  summary  of  payment  form  to  be  used  by  all  health  carriers  in 
33Delaware and provided to health care consumers with respect to provider claims submitted to the health carrier as follows:
34(1)  Health  carriers  conducting  business  shall  not  specify  or  describe  sensitive  health  care  services  in  a 
35common summary of payment form. 
36(2)  The  common  summary  of  payment  form  must  show  the  insured  member’s  responsibility,  if  any,  for 
37payment of a health care provider claim.
38(3)  Health  carriers  shall  not  be  obligated  to  issue  a  common  summary  of  payment  form  for  provider  claims 
39that consist solely of requests for co-payment. In the event that the insured member has no liability for payment for a 
40procedure or service the common summary of payment form shall not be issued by the health carrier. 
41(4)  The  common  summary  of  payment  form  may  be  exchanged  securely  through  electronic  means  in 
42accordance  with  §107  of  this  title  and  shall  include  a  disclaimer  that  any  communication,  by  electronic  means,  is 
43subject to any applicable state or federal regulations related to data privacy.
44(c)  If  the  insured  member  has  received  sensitive  health  care  services,  health  carriers  shall  issue  a  common 
45summary of payment form only to the insured member receiving care unless the insured member receiving care agrees, in 
46writing or verbally on a recorded telephone line, that a third party may receive the common summary of payment form. 
47(d)  Health  carriers  may  establish  a  standard  method  of  delivery  of  common  summary  of  payment  forms.  Health 
48carriers  shall  permit  the  following  individuals  to  choose,  in  writing,  an  alternative  method  of  receiving  the  common 
49summary  of  payment  form,  if  the  treating  insured  member  has  consented  in  advance  ,to  their  receipt  of  the  common 
50summary  payment  form:  (1)  a  policyholder  or  subscriber  who  is  legally  authorized  to  consent  to  care  for  the  treating 
51insured  membe