CHAPTER 537

FORMERLY

SENATE BILL NO. 449

AS AMENDED BY HOUSE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 18 RELATING TO HEALTH INSURANCE CONTRACTS.

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

Section 1. Amend §3303, Chapter 33, Title 18 of the Delaware Code by adding the following subsection:

"(8) The policy shall contain no provision or non-disclosure clause prohibiting physicians or other health care providers from giving patients information regarding diagnoses, prognoses and treatment options."

Section 2. Amend Chapter 33, Title 18 of the Delaware Code by adding thereto a new section §3339 as follows:

"§3339. Refusal to contract.

An insurer shall not refuse to contract with or compensate for covered services a participating or contracting healthcare provider solely because that provider has in good faith communicated with one or more of his current, former or prospective patients regarding the provisions, terms or requirements of the insurer's products or services as they relate to the needs of that provider's patients.-

Section 3. Amend Chapter 64, Title 18 of the Delaware Code by adding thereto the following new sections:

"§6407. Nondisclosure clause.

A health maintenance organization contract shall contain no provision or non-disclosure clause prohibiting physicians or other health care providers from giving patients information regarding diagnoses, prognoses and treatment options.

§6408. Refusal to contract

A health maintenance organization shall not refuse to contract with or compensate or covered services an otherwise eligible health care provider solely because that provider has in good faith communicated with one or more of his current, former or prospective patients regarding the provisions, terms or requirements of the health maintenance organization's products or services as they relate to the needs of that provider's patients,"

Section 4. The provisions of this Act shall also apply to Health Service Corporations, and to policies delivered or issued for delivery in this State by Health Service Corporations.

Approved July 18, 1996