16 Del. C. § 9962: Minimum financial assistance standards [Effective Jan. 1, 2027, until fulfillment of contingency in 85 Del. Laws, c. 349, § 6(b)].

(a) (1) A hospital and a facility-based provider shall, at a minimum, provide financial assistance for the patient responsibility arising from medically necessary hospital services to financially qualified patients as follows:

a. Full financial assistance for medically necessary hospital services for financially qualified patients with household income at or below 300% of the federal poverty level.

b. Discounted financial assistance for medically necessary hospital services for financially qualified patients with household income greater than 300% and at or below 350% of the federal poverty level, in an amount that reduces the patient’s responsibility by no less than 75%.

c. Discounted financial assistance for medically necessary hospital services for financially qualified patients with household income greater than 350% and at or below 400% of the federal poverty level, in an amount that reduces the patient’s responsibility by no less than 50%.

(2) Notwithstanding any other provision of this subchapter, a hospital may choose to grant eligibility for the hospital’s financial assistance policies to patients with household incomes greater than 400% of the federal poverty level.

(b) (1) A hospital shall have a medical hardship policy that allows patients with incomes above the thresholds established in subsection (a) of this section, but who are experiencing medical hardship, to qualify for discounted financial assistance.

(2) The hospital may establish a household income ceiling on eligibility under the hospital’s medical hardship policy, but the ceiling may not be lower than 500% of the federal poverty level.

(3) Under the hospital’s medical hardship policy, the hospital shall discount the patient’s responsibility for medically necessary hospital services by no less than 50%.

(4) A patient previously denied financial assistance under subsection (a) of this section shall provide additional documentation supporting the medical hardship.

(5) A medical hardship determination is valid for 1 year from the date of the determination and applies to all hospital services furnished during the determination period.

(6) A facility-based provider shall honor a hospital’s medical hardship determination on the same terms as an eligibility determination under subsection (f) of this section.