16 Del. C. § 9963: Duties of the Board [Effective upon fulfillment of contingency in 85 Del. Laws, c. 349, § 6(b)].

(a) The Board may adopt regulations to administer, enforce, or implement this subchapter.

(b) The Board shall establish by regulation, with input from the Delaware Healthcare Association, all of the following:

(1) Categories of information and documentation that hospitals may request from patients when determining eligibility for financial assistance. The categories may not exceed what is reasonably necessary to verify income and household size. A hospital may not request information or documentation outside the categories established under this subsection.

(2) Categories of presumptive eligibility for financial assistance, which may include enrollment in or eligibility for income-based public benefits, residency in publicly subsidized housing, current or recent receipt of services in homeless services systems, or other indicators of household income reasonably available to the hospital.

(3) Methodologies for identifying presumptively eligible patients, including standards governing the use of historical data, predictive modeling, and any other approaches the Board permits hospitals to use. The Board may require, permit, or restrict the use of specific methodologies.

(4) That a recipient of financial assistance must be a Delaware resident.

(c) The Board shall prescribe all of the following:

(1) A standard financial assistance application consistent with the categories established under subsection (b) of this section, which hospitals shall use when determining eligibility for financial assistance.

a. A hospital may request Board approval to use a modified application in lieu of the standard application.

b. The Board shall approve a modified application that reduces applicant burden.

c. The Board may not approve a modified application that requires information or documentation beyond the categories established under subsection (b) of this section.

(2) A standardized list of acceptable forms of income verification consistent with the categories established under subsection (b) of this section.

(3) A list of income-based public assistance programs established by the Board under § 9964(1) of this title and associated forms of verification.

(d) The Board shall maintain a website and shall publicly post on the website all of the following:

(1) The financial assistance policies and reports submitted by a hospital under § 9962(j) of this title within 30 days of receipt.

(2) Information on financial assistance rights, hospital financial assistance policies required under § 9964 of this title, and items prescribed by the Board under § 9962(b) of this title.

(3) The documents the Board is required to prescribe under subsection (b) of this section.

(e) The Board may initiate reviews for hospital compliance with this subchapter on the occurrence of any of the following:

(1) A credible complaint alleging noncompliance.

(2) Outlier patterns in reporting under this section, including unusually high denial or closure rates, unusually long determination times, or unusually low presumptive eligibility usage.

(3) Evidence of lack of written communication about financial assistance eligibility during billing or collection activity taken during a pending determination.

(4) Any other risk indicators as the Board may establish by regulation.