CHAPTER 331

FORMERLY

SENATE BILL NO. 405

AS AMENDED BY SENATE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTERS 33 AND 35, TITLE 18, DELAWARE CODE RELATING TO MIDWIFERY.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Chapter 33, Title 18 of the Delaware Code by adding a new section

3336, as follows:

§3336 Midwife services reimbursement

(a) This section shall apply to every individual policy, contract or certificate issued thereunder, of health or sickness, or accident insurance delivered or issued for delivery within the State which meets the requirements of subsection (d) of this section.

(a) This act shall apply to all such policies, contracts, certificates or programs
Issued, renewed, modified, altered, amended or reissued on or after the effective date of this act.

(a) This act shall apply to all private and public programs for health services and
facilities reimbursement, including but not limited to any such reimbursement programs operated by the State.

(a) Whenever an Insurance policy, contract or certificate or health services
reimbursement program provides for reimbursement for any health care service which Is within those areas of practice for which a midwife may be licensed pursuant to Section 122 of Title i6 or pursuant to statute In the state where the service is delivered, or for the cost of birthing facilities, the Insured or any other person covered by the policy, contract or certificate, or health services or facilities reimbursement program shall be entitled to reimbursement for such service or use of the facilities performed by a duly licensed certified nurse midwife practicing within those areas for which the certified nurse midwife Is licensed In the state where the licensed certified nurse midwife IS practicing. Whenever such service is performed by a licensed certified nurse midwife and
reimbursed by a professional health services plan corporation, the licensed certified nurse midwife shall be granted such rights of participation, plan admission and registration as may be granted by the professional health services plan corporation, to a physician or osteopath performing such a service. When payment is made for health care services
performed by a licensed certified nurse midwife, no payment or reimbursement shall be payable to a physician or osteopath for the services performed by the licensed certified nurse midwife.

(a) for the purposes of this section 'midwifery' shall only include those having
the following qualifications:

(I) Age of 21 years or older;

(II) Licensed as a Registered Professional Nurse In the State of Delaware;

(111) Possesses a valid certification by the American College of Nurse

Midwives;

(iv) Submits a sworn statement that he/she has not been convicted of a felony; been professionally penalized or convicted of substance addiction; had a professional nursing license suspended or revoked in this or another state; been professionally penalized or convicted of fraud; Is physically and mentally capable of engaging in the practice of midwifery; and

(i) Has formed an alliance which Is defined as a relationship between a
midwife and a physician(s) licensed to practice medicine or osteopathy In Delaware whereby medical consultation and referral, available on a 24-hour basis, is agreed upon In writing, signed by both parties, and filed with the State Board of Health."

Section 2. Amend Chapter 35, Title 18 of the Delaware Code by adding a new section

3552, 3: '0Ilows,

"§3552 midwife services reimbursement

(a) This section shall apply to every group or blanket policy, contract or certificate Issued thereunder, of health or sickness, or accident insurance delivered or issued for delivery within the State which meets the requirements of subsection (d) of this section.

(b) This act Shall apply to all such policies, contracts, certificates or programs
issued, renewed, modified, altered, amended or reissued on or after the effective date of this act.

(a) This act shall apply to all private and public programs for health services and facilities reimbursement, including but not limited to any such reimbursement programs operated by the State.

(b) Whenever an insurance policy, contract or certificate or health services
reimbursement program provides for reimbursement for any health care service which is within those areas of practice for which a midwife may be licensed pursuant to Section 122 of Title 16 or pursuant to statute In the state where the service is delivered, or for the cost of birthing facilities, the insured or any other person covered by the policy, contract or certificate, or health services or facilities reimbursement program shall be entitled to reimbursement for such service or use of the facilities performed by a duly licensed certified nurse midwife practicing within those areas for which the certified nurse midwife is licensed in the state where the licensed certified nurse midwife is
practicing. Whenever such service is performed by a licensed certified nurse midwife and
reimbursed by a professional health services plan corporation, the licensed certified nurse midwife shall be granted such rights of participation, plan admission and registration as may be granted by the professional health services plan corporation, to a physician or osteopath performing such a service. When payment Is made for health care services
performed by a licensed certified nurse midwife, no payment or reimbursement shall be payable to a physician or osteopath for the services performed by the licensed certified nurse midwife.

(a) for the purposes of this section 'midwifery' shall only Include those having
the following qualifications:

(I) Age of 21 years or older;

(11) Licensed as a Registered Professional Nurse in the State of Delaware;

(iii) Possesses a valid certification by the American College of Nurse
Midwives;

(i) Submits a sworn statement that he/she has not been convicted of a felony; been professionally penalized or convicted of substance addiction; had a professional nursing license suspended or revoked In this or another state; been professionally penalized or convicted of fraud; is physically and mentally capable of engaging in the practice of midwifery; and

(i) Has formed an alliance which Is defined as a relationship between a
midwife and a physiciaft(sl licensed to practice medicine or osteopathy in Delaware whereby medical consultation and referral, available on a 24-hour basis, is agreed upon in writing, signed by both parties, and filed with the State Board of Health."

Section 3. The Insurance Commissioner may promulgate such rules and regulations as are

deemed necessary for the effective implementation and operation of this act.

Section 4. This act shall take effect In sixty (60) days.

Approved July 11, 1988