Approximately one in five adults report experiencing a mental health condition. At the same time, many individuals continue to face delays or barriers when trying to access care, even when they have insurance coverage. Delays, denials, or truncation of treatment leave families and their doctors battling for coverage instead of focusing on treatment and recovery. Families must pay out of pocket for care, on top of premiums for coverage they are not receiving. Further, Delawareans are five times more likely to go out-of-network for mental health care than for primary care, resulting in higher costs. This Act, known as the Fair Standards in Mental Health Care Act, builds on previous work to advance mental health parity and aims to ensure patients with private insurance can access timely, evidence-based mental health and substance use disorder care in Delaware. This Act supports improved access to mental health disorder and substance use disorder treatment by: 1. Adding and refining key terms, including definitions of mental health disorders and substance use disorders, level of care criteria, medically necessary treatment, utilization review and utilization review criteria to ensure consistency with widely accepted clinical standards of treatment and service intensity determination. This bill forges gold-standard clinical guidelines through requiring insurers to use transparent, evidence-based standards from independent experts, including the American Academy of Child and Adolescent Psychiatry. 2. Requiring coverage for all medically necessary treatment, including emergency services and all clinically appropriate levels of care. This bill ends prior authorization delays for mental health and guarantees emergency mental health coverage, just as Delaware already does for addiction treatment. 3. Requiring at least one formulation of certain FDA-approved medications to treat substance use disorders to be placed on the lowest-cost tier of drug formularies. 4. Prohibiting discrimination against individuals with current or predicted mental health disorders or substance use disorders. 5. Requiring carriers to arrange coverage of medically necessary out-of-network services without additional cost to the enrollee if in-network options are unavailable within applicable network access standards, thus ensuring real network access. 6. Removing language currently in the code barring a private right of action for violations of 18 Del. Code § 3343. In addition, the Act clarifies that carriers must provide nonquantitative treatment limitation parity analysis (NQTL parity analysis) that they are required to have completed under federal law to health care providers and current and prospective covered persons, free of charge, upon request. This Act applies to individual health insurance policies under Chapter 33 of Title 18 and group and blanket health insurance policies under Chapter 35 of Title 18. This Act applies to all policies, contracts, or certificates issued, renewed, modified, altered, amended, or reissued after December 31, 2027. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
Sponsored bills
This Act changes the probate dollar limit for administering a small estate without requiring Letters of Administration or Letters of Testamentary from $30,000 to $50,000. This Act also makes changes to conform with the Delaware Legislative Drafting Manual.
This Senate Joint Resolution recognizes that missed court appearances create costs for the justice system and negative consequences for individuals, and that reminder notifications can reduce failure-to-appear rates. It directs the Delaware Judiciary to report on the cost, timeline, and requirements to build a court date reminder program for the Justice of the Peace Court and to expand it to the Court of Common Pleas, Family Court, and Superior Court and provides that DELJIS shall build the program if funding is appropriated.
This Act clarifies that paid leave for the adoption of a child may begin at one of the following times: (1) when the child is placed for adoption with the employee; (2) when the employee initiates a petition for adoption; or (3) when the adoption process is completed.
This Act amends the Delaware Equal Accommodations Law to adopt the protections of the federal Rehabilitation Act of 1973’s Section 504 (“Section 504”), and its implementing regulations as those regulations existed on January 1, 2025. This bill will help ensure that Delawareans with disabilities get broad and full protection within Delaware. The bill also adds that references to Section 504 in other parts of Delaware law or regulation will be considered a reference to the Delaware Equal Accommodations Law.
This House Concurrent Resolution commends the 2026 Delaware Behavioral Health Professional of the Year, Taylor Richey and all of the District/Charter Network Behavioral Health Professionals of the Year.
This House Concurrent Resolution celebrates the progress of the LGBTQ+ movement and acknowledges the month of June 2026 as LGBTQ+ Pride Month in the State of Delaware.
Delaware relies on fees imposed as surcharges by the criminal legal system to generate revenue for government services. These criminal fees can be an unstable revenue generator, especially when there are recessions, pandemics, or other major economic events. This Act repeals three fees that currently fund videophone systems used by state and local agencies, personnel, equipment, and training expenses related to judicial branch security, and victim notification initiatives. The elimination of these fees was recommended by the Criminal Legal System Imposed Debt Study Group created by House Bill 244, as amended by House Amendment No 2, of the 151st General Assembly, in its December 7, 2023 report. The Criminal Legal System Imposed Debt Study Group also recommended replacement of lost revenue for affected agencies as needed with General Funds. In repealing these fees, the General Assembly intends to eliminate any outstanding balances owed on these fees.
This Act prohibits employers from asking employees or potential employees about political preferences, including donations the employee makes to candidates for office or political committees. It also prohibits employers from taking any adverse action against an employee based on political affiliation or preference. The prohibition does not apply if a political affiliation or preference is a bona fide occupational qualification of the employment. It also does not apply if employer disclosure of employee contributions is required by federal or state law.
This Act is a substitute for House Bill No. 370. This Act differs from HB 370 in that it adds a provision for the selection of the DEFAC Co-Chair, authorizes designees for the ex officio members, clarifies a provision relating to DEFAC meetings proceedings, and makes several technical corrections. This Act also differs from HB 370 by making the effective date July 1, 2026, or upon enactment, whichever is later. Like HB 370, this Act codifies the Delaware Economic & Financial Advisory Council (“DEFAC”) which was initially created by Executive Order No. 5 in March 3, 1977, and has continued through several executive orders issued since 1977. This Act is known and may be cited as the “DuPont-Cook Financial Responsibility Act.” The purpose of this Act is to preserve DEFAC’s structure under executive order while strengthening continuity, transparency, and clarity. DEFAC consists of at least 25, but no more than 34, members. The Speaker of the House of Representatives and the Senate Pro Tempore each appoint 2 members, 1 from each caucus. The Governor appoints the remaining members, from the public and private sectors, and must appoint at least 12 members. The following serve by virtue of their positions: the Controller General, Director of the Office of Management and Budget, Secretary of Finance, Secretary of State, Secretary of Transportation, Secretary of the Department of Health and Social Services, Joint Finance Committee Co-Chairs, and State Treasurer. The duties of DEFAC are as follows: (1) Meet in March, May, June, October, and December of each year, and on other occasions that the Governor or DEFAC Chair deem necessary. (2) Serve in a general advisory capacity to the Governor and Department of Finance. (3) Advise the Governor, Secretary of Finance, and Legislative Council on: (a) The overall financial condition of the State of Delaware. (b) Current and projected economic conditions and trends, particularly as they affect the expenditures and revenues of the State, its citizens, and its major industries. (c) The tax policy of the State and the impact of federal tax policies. (4) Submit to the Governor, Secretary of Finance, Controller General, and General Assembly, by the dates required under § 6534(a) of Title 29, the General Fund and Transportation Trust Fund revenue and expenditures. (5) Submit to the Governor, Secretary of Finance, Controller General, and General Assembly, not later than December 31 of each year, estimates on the General Fund and Transportation Trust Fund revenue and expenditures. (6) Perform other duties and responsibilities imposed upon it in the Delaware Code. (7) Prepare an annual report summarizing DEFAC’s activities throughout the year, including forecast accuracy and key fiscal risks identified, no later than December 31, for distribution to the Governor and General Assembly. This Act also establishes the DEFAC Healthcare Spending Benchmark Subcommittee. Under this Act, state agencies must provide DEFAC financial and staffing support.