Bill Sponsor
Delaware Senate Bill 220
Session 152
An Act To Amend Title 18 Relating To Health Insurance For Children And Persons On Medicaid.
Active
Active
Passed House on Mar 28, 2024
Sponsors
Democrat
Sarah McBride
Unknown
Kerri Evelyn Harris
Democrat
S. Elizabeth Lockman
Democrat
Kendra Johnson
Democrat
Peter C. Schwartzkopf
Democrat
Marie Pinkney
Democrat
Laura V. Sturgeon
Democrat
Eric Morrison
First Action
Feb 29, 2024
Latest Action
Mar 28, 2024
Origin Chamber
Senate
Type
Bill
Bill Number
220
State
Delaware
Session
152
Sponsorship by Party
Democrat
Primary
Democrat
Primary
Unknown
Kerri Evelyn Harris
Primary
Democrat
Primary
Democrat
Primary
Democrat
Primary
Senate Votes (1)
House Votes (1)
checkPassed on March 13, 2024
Motion Text
SM
Summary
Medicaid is generally the “payer of last resort,” meaning that Medicaid only pays claims for covered items and services if there are no other liable third-party payers for the same items and services. When Medicaid beneficiaries have one or more additional sources of coverage for health care services, third-party liability (TPL) rules govern the legal obligation of such third parties. Section 1902(a)(25)(A) of the Social Security Act defines third-party payers as health insurers, managed care organizations, and group health plans, among others. The federal Consolidated Appropriations Act of 2022 (CAA 2022), enacted March 15, 2022, increased state flexibility with respect to TPL. Section 202 of the CAA, 2022 amended section 1902(a)(25)(I) of the Act to require a state plan for medical assistance to provide assurances satisfactory to the Secretary that the state has state laws in place that bar responsible third-party payers (other than Medicare plans) from refusing payment for an item or service solely on the basis that such item or service did not receive prior authorization under the third-party payer’s rules. Specifically, if the responsible third party requires prior authorization for an item or service furnished to a Medicaid-eligible individual, the responsible third party must accept the authorization provided by the state that the item or service is covered under the state plan (or waiver of such plan) for such individual, as if such authorization was made by the third party for such item or service. Authorization by the state means that the item or service an individual received (and for which third-party reimbursement is being sought) is a covered service or item under the Medicaid state plan (or waiver of such plan) for that individual. The effective date for this new federal provision is January 1, 2024, with an exception for states that first need to pass state legislation to comply with the change in law. This bill is intended to update the provisions of Title 18, § 4003 to make them consistent with federal law contained in the Consolidated Appropriations Act of 2022.
Actions (6)
03/28/2024
House
Passed By House. Votes: 39 YES 2 ABSENT
03/26/2024
House
Reported Out of Committee (Economic Development/Banking/Insurance & Commerce) in House with 3 Favorable, 6 On Its Merits
03/14/2024
House
Assigned to Economic Development/Banking/Insurance & Commerce Committee in House
03/13/2024
Senate
Passed By Senate. Votes: 21 YES
03/06/2024
Senate
Reported Out of Committee (Health & Social Services) in Senate with 3 Favorable, 2 On Its Merits
02/29/2024
Senate
Introduced and Assigned to Health & Social Services Committee in Senate
Sources
Record Created
Mar 1, 2024 12:48:01 AM
Record Updated
Mar 28, 2024 9:53:27 PM