Technical Error Corrections to Senate Bill 227 of the 149th General Assembly Relating to Reimbursement for Chronic Care Management

TRINIDAD NAVARRO COMMISSIONER STATE OF DELAWARE DEPARTMENT OF INSURANCE # DOMESTIC/FOREIGN INSURERS BULLETIN NO. 139 TO: INSURERS, HEALTH SERVICE CORPORATIONS, AND MANAGED CARE ORGANIZATIONS THAT DELIVER OR ISSUE FOR DELIVERY IN THIS STATE GROUP AND BLANKET INSURANCE POLICIES OR PLANS SUBJECT TO REGULATION UNDER TITLE 18 OF THE DELAWARE CODE RE: TECHNICAL ERROR CORRECTIONS TO SENATE BILL 227 OF THE 149TH GENERAL ASSEMBLY RELATING TO REIMBURSEMENT FOR CHRONIC CARE MANAGEMENT DATED: August 28, 2023 The purpose of this Bulletin is to notify carriers that the Governor signed Senate Bill 31 (the “Act”) of the 152nd General Assembly on May 12, 2023. The Act corrects technical errors in Senate Bill 227 (“SB 227”) of the 149th General Assembly by establishing requirements for group and blanket health insurance plans that align with existing requirements for individual insurance policies and State employee health plans. As introduced, SB 227 specified that coverage for chronic care management cannot be subject to patient deductibles, copayments, or fees. Senate Amendment 1 to SB 227 made various intentional changes to SB 227 but inadvertently deleted the line that applied this chronic care management requirement to group and blanket plans. As a result, since January 1, 2019, there has been an unintentional difference in the requirements between the plan types. The Act corrects that difference and applies to policies, contracts, or certificates issued, renewed, modified, altered, amended, or reissued after December 31, 2023. Any questions, comments, or requests for clarification about this bulletin should be emailed to OVBHCD@delaware.gov NOTE: This Bulletin is intended solely for informational purposes. It is not intended to set forth legal rights, duties, or privileges, nor is it intended to provide legal advice. Readers should consult applicable statutes and rules and contact the Delaware Department of Insurance if additional information is needed. ♦INSURANCE.DELAWARE.GOV♦ 1351 W. NORTH ST., SUITE 101, DOVER, DELAWARE 19904-2465 (302) 674-7300 DOVER♦ (302) 259-7554 GEORGETOWN♦ (302) 577-5280 WILMINGTON 1 This Bulletin shall be effective immediately and shall remain in effect unless withdrawn or superseded by subsequent law, regulation, or bulletin. Trinidad Navarro Trinidad Navarro Delaware Insurance Commissioner 2