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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsApril 2016

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(18 Del.C. §§311, 3349, 3565 & 6408)
Proposed Regulation 1316 relating to Arbitration of Health Insurance Disputes Between Carriers And Non-Network Providers of Emergency Care Services was published in the Delaware Register of Regulations on January 1, 2016. The comment period remained open until February 1, 2016. There was no public hearing on proposed Regulation 1316. Public notice of the proposed Regulation 1316 was published in the Register of Regulations in conformity with Delaware law.
The collective comments were reviewed and considered, and no changes were made to the proposed Regulation 1316. The intent of this proposed regulation is to reorganize provisions that were previously included in 18 DE Admin. Code 1301. The Department has simply moved provisions related to arbitrations under 18 Del.C. §§3349 and 3565 to this stand-alone regulation.
1. 18 Del.C. §§311, 3349, and 3565 require a regulation to set forth rules and procedural requirements which the Commissioner deems necessary to carry out the provisions of the Code.
Based on the provisions of 18 Del.C. §§311, 3349, and 3565; and 29 Del.C. Ch. 101, and the record in this docket, I hereby adopt proposed Regulation 1316 as may more fully and at large appear in the version attached hereto to be effective 10 days after being published as final.
The text of proposed Regulation 1316 last appeared in the Register of Regulations Vol. 19, Issue 7, pages 573-578.
IT IS SO ORDERED this 1st day of April, 2016
The purpose of this Regulation is to implement 18 Del.C. §§3349 and 3565, which require the Delaware Insurance Department to establish and administer procedures for arbitration of disputes between health insurance carriers and non-network providers of emergency care services. This Regulation is promulgated pursuant to 18 Del.C. §§311, 3349, and 3565; and 29 Del.C. Ch. 101. This Regulation should not be construed to create any cause of action not otherwise existing at law.
Carrier” means any entity that provides health insurance in this State. Carrier includes an insurance company, health service corporation, managed care organization and any other entity providing a plan of health insurance or health benefits subject to state insurance regulation. Carrier also includes any third-party administrator or other entity that adjusts, administers or settles claims in connection with health insurance.
Covered person” means an individual and/or family who has entered into a contractual arrangement, or on whose behalf a contractual arrangement has been entered into, with a carrier, pursuant to which the carrier provides health insurance for such person or persons.
Department” means the Delaware Insurance Department.
Duration of an Emergency Medical Condition” means a period of time that begins with an Emergency Medical Condition and ends when the Emergency Medical Condition is either treated or stabilized as such stabilization is evidenced by post stabilization care, as referenced in 18 Del.C. §§3349(d)(3) and 3565(d)(3), in a hospital where such post stabilization care is not within the definition of emergency care services.
Emergency care provider” means a provider of emergency care services including a provider who also provides health care services that aren't emergency care services.
Emergency care services” means those services identified in 18 Del.C. §§3349(d) and 3565(d) performed at any time during the Duration of an Emergency Medical Condition, including any covered service providing for the transportation of a patient to a hospital emergency facility for an emergency medical condition including air and sea ambulances so long as medical necessity criteria are met.
Emergency Medical Condition” shall have the meaning assigned to it by 18 Del.C. §§3349(e) and 3565(e).
Health care services” means any services or supplies included in the furnishing to any individual of medical care or hospitalization, or incidental to the furnishing of such care or hospitalization, as well as the furnishing to any individual of any and all other services for the purpose of preventing, alleviating, curing or healing human illness, injury, disability or disease.
Health insurance” means a plan or policy issued by a carrier for the payment for, provision of, or reimbursement for health care services.
Network carrier” is a carrier that has a written participation agreement with a provider to pay for emergency care services.
Network Emergency Care Provider” is a provider who has a written participation agreement with the carrier to provide emergency care services or governing payment of emergency care services.
"Non-Network Emergency Care Provider” is a provider who is not a Network Emergency Care Provider.
Provider” means an individual or entity, including without limitation, a licensed physician, a licensed nurse, a licensed physician assistant and a licensed nurse practitioner, a licensed diagnostic facility, a licensed clinical facility, and a licensed hospital, who or which provides health care services in this State.
3.15 Exemption from Arbitration. 18 Del.C. §§3349(b) and 3565(b) shall not apply to health insurance policies exempt from state regulation under federal law or regulation. On a quarterly basis, each carrier shall provide a list of exempt plan numbers to the Department. The Department shall maintain a public register of exempt plan numbers. The placement of an exempt plan number on the register shall constitute a rebuttable presumption that the policy plan is not subject to the provisions of this regulation. A carrier that clearly identifies whether a plan is either exempt or non-exempt on the face of an identification or membership card shall not be required to comply with the provisions of this section but only with respect to the plans for which such identification or membership cards display the group status. The failure of a carrier to either (1) provide the Department with a list of exempt plan numbers, or (2) clearly identify if a plan is exempt or non-exempt on the face of an identification or membership card shall constitute a rebuttable presumption that the plan is subject to the provisions of this regulation.
Nothing in this Regulation shall supersede any federal or state law or regulation governing the privacy of health information.
Last Updated: December 31 1969 19:00:00.
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