Did you know House Bill (HB) 400; reducing transparency of insurance billing - reducing barriers to service or removing parents' rights?
"Explanation of Benefit" would not be sent to the insurance holder. The new Bill was introduced on Thursday, April 28th, and a hearing was conducted today, enabling this bill to pass out of committee
Listening to the public comment today, there were several issues raised with this bill requiring further clarification. Comments of “misinformation”, "misunderstanding of consent”, etc… Based on what I heard, the bill was moved out of committee without agreement to make any amendments to resolve the concerns raised. This bill left open several questions on interpretation of line 12: minor dependents.
Is the State elevated to the status of parents, usurping parental rights and encouraging children to deceive their parents and to see authority figures as equal to or superior to parents?
How do we ensure Insurance companies are not subject to fraud when services they are paying for from your own policy do not have to be provided?
We certainly must provide protection to all victims of crimes, which is purportedly the basis for this bill. Removing information provided to the policy holder for all Delaware parents is not the answer.
I am interested in fully understanding the position and feedback of the constituents of the 25th district. The bills introduced were based on legislation passed in the states of Massachusetts and Washington.
For Reference: Link to HB400; https://legis.delaware.gov/BillDetail?LegislationId=109388
Excerpt shown below:
House Economic Development/Banking/Insurance & Commerce. 4/28/22
Primary Sponsor:
Additional Sponsor(s):
Sen. Pinkney, S. McBride, Gay, Hansen, Poore, Sturgeon
Reps. Longhurst, Dorsey Walker, Heffernan, K. Johnson, Lambert, Minor-Brown, K. Williams, Wilson-AntonCo-Sponsor(s):
Sen. Sokola
Reps. Baumbach, MorrisonLong Title:
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.
Original Synopsis:
The ability of insured dependents and other insured members to receive confidential sensitive health care services without the knowledge of the insured policyholder is greatly impeded through traditional billing processes utilized by health insurers.
The most frequent form used is an explanation of benefit (EOB) sent to the policyholder after anyone covered under the policy receives care. The lack of confidentiality for sensitive health care services can often result in insured members simply avoiding necessary health care.
This Act amends Titles 18, 29, and 31 to require both individual and group health carriers, including those providing coverage under the State health insurance plans, to use a common summary of payment form, developed by the Department of Insurance, for defined sensitive health care services.
The Act prohibits the health carriers from specifying any defined sensitive health care services in the form, allows health carriers to address the form to the insured member, allows insured members to choose their preferred method of receiving said form, and precludes health carriers from sending the form when there is no payment liability for the visit or service provided.
The Act also amends Title 31 to provide that any carrier providing health insurance to Medicaid recipients may not divulge defined sensitive health care services without the recipient’s express written or telephone recorded consent.
The Department of Insurance is required to issue guidance to health insurers within 1 year of enactment.
The Division of Public Health is required to establish a plan to educate health care providers and staff of hospitals, medical offices, community health centers and school-based health centers to promote compliance with this Act within 1 year of enactment.
(3) “ Sensitive health care services” shall include any of the following:
a. Reproductive services.
b. Contraceptive services.
c. Pre- and post-natal services.
d. Pregnancy testing and counseling.
e. Abortion services.
f. Diagnosis and treatment of vaginal infections.
g. Management of abnormal Pap smears.
h. Testing, treatment, and prevention of sexually transmitted diseases.
i. Fertility services.
j. Gender transition- related services.
k. Testing, treatment, and prevention of HIV, AIDS and PREP services.
l. Hepatitis B and C testing, treatment, and medications.
m. Substance use disorder services, including medication and treatment.
n. Mental health services.
o. Office visits for assessment of risk of sexual or pregnancy coercion.
p. Sexual violence services.
q. Domestic violence treatment, support, and counseling services.