CHAPTER 166

FORMERLY

SENATE BILL NO. 142

AN ACT TO AMEND CHAPTER 35, TITLE 18 OF THE DELAWARE CODE RELATING TO GROUP AND BLANKET HEALTH INSURANCE.

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

Section 1. Amend Title 18, Chapter 35, §3552 of the Delaware Code by adding a new subsection (c) to read as follows:

"(c) All group and blanket health insurance policies which are delivered or issued for delivery in this State by any health insurer or health service corporation and which provide benefits for outpatient services shall provide to covered persons residing or having their principal place of employment in this State a benefit for:

(1) Periodic mammographic examinations on the following schedule:

a. A base line mammogram for asymptomatic women at least age 35, or as otherwise declared appropriate by the State Board of Health from time to time.

b. A mammogram every 2 years for asymptomatic women age 40 to 50 but no sooner than 2 years after a woman's base line mammogram, or as otherwise declared appropriate by the State Board of Health from time to time.

c. A mammogram every year for asymptomatic women age 50 and over, or as otherwise declared appropriate by the State Board of Health from time to time.

(2) A mammographic examination prescribed by a physician for any woman based on such physician's evaluation of the woman's physical conditions, symptoms or risk factors indicating a probability of breast cancer higher than the general population.

Such screening shall be deemed a covered service, notwithstanding policy exclusions for services which are part of or related to annual or routine examinations.

The benefit paid for a mammogram as a covered service under this subsection (c) shall not exceed the least expensive cost of a mammogram at a qualified imaging facility located at a fixed location in the county in this State in which the woman resides or in the county in this State where the principal place of employment of the woman, or the employee under whose group or blanket health insurance the woman is covered, is located, or the county in this State in which the woman actually has the mammogram. The cost of the benefit shall include both the facility and radiologist's fees. The least expensive cost for a mammogram determining the maximum benefit under this subsection during each calendar year shall be the least expensive cost as of the first day of such calendar year in each county of the State.

For the purposes of this subsection (c), 'qualified imaging facility' shall mean a diagnostic facility having a certificate or provisional certificate issued by the any state agency (of this State or any other state) approved by the Secretary of the Department of Health and Human Services to accredit facilities and issue certificates and provisional certificates for the purposes of the Mammography Quality Standards Act of 1992, 42 U.S.C., §202, or having an application for certification filed and pending with such state agency; provided, however, that in the event no such state agency certification program or procedure is in effect under the Mammography Quality Standards Act of 1992 In the state in which the woman has the mammogram performed, 'qualified imaging facility' shall mean a diagnostic facility having equipment certified by the American College of Radiology, and being certified by the American College of Radiology or having an application for certification filed and pending with the American College of Radiology."

Section 2. Amend Title 18, Chapter 35, §3552 of the Delaware Code by redesignating the present subsection (c) of §3552 as subsection (d) of §3552.

Section 3. This Act shall apply to group and blanket health insurance policies issued or renewed one hundred twenty (120) days after the effective date of this Act.

Approved July 16, 1993.