Delaware prior authorization laws (2026)

General reference compiled from public statutes and the AMA state-law chart. This is not legal advice. Statutes change; confirm the current law before relying on it.

Decision deadlines

Prior authorization (State-regulated health plans)
Standard decision: 2 business_days. Expedited: 24 hours.
Delaware HB 381 (2016) · source

Patient-protection mandates

Retrospective Denial Prohibition
A plan cannot revoke, limit, condition, or restrict a PA on medical-necessity grounds after the provider received the authorization.
Delaware HB 381 (2016) · source

Frequently asked questions

How long does an insurer have to decide a prior authorization in Delaware?

Under Delaware HB 381 (2016), a standard prior authorization decision is generally due within 2 business_days, and an expedited decision within 24 hours. Confirm the current statute, as timeframes vary by plan type.

What prior authorization patient protections does Delaware have?

Delaware law includes retrospective denial prohibition. Each is grounded in a specific statute (see above).

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