Delaware Code § 18-3373

Utilization review entity's obligation with respect to pre-authorization [For application of this
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section, see 85 Del. Laws, c. 176, § 4].
(a) If a utilization review entity requires pre-authorization of a pharmaceutical, the utilization review entity must complete its process
or render an adverse determination and notify the covered person's health-care provider within 2 business days of obtaining a clean pre-
authorization using services described in § 3377 of this title.
(b) If a utilization review entity requires pre-authorization of a health-care service, the utilization review entity must grant a pre-
authorization or issue an adverse determination and notify the covered person's health-care provider of the determination within 5 business
days of receipt of a clean pre-authorization not submitted using services described in § 3377 of this title. For purposes of this subsection,
a clean pre-authorization includes the results of any face-to-face clinical evaluation or second opinion that may be required.
(c) If a utilization review entity requires pre-authorization of a health-care service, the utilization review entity must grant a pre-
authorization or issue an adverse determination and notify the covered person's health-care provider of the determination within 3 business
days of receipt of a clean pre-authorization submitted using services described in § 3377 of this title. For purposes of this subsection, a
clean pre-authorization includes the results of any face-to-face clinical evaluation or second opinion that may be required.
(d) If a utilization review entity requires pre-authorization of an urgent health-care service, the utilization review entity must grant a
pre-authorization or issue an adverse determination and notify the covered person's health-care provider of the determination within 24
hours of receipt of a clean pre-authorization submitted using services described in § 3377 of this title. For purposes of this subsection, a
clean pre-authorization includes the results of any face-to-face clinical evaluation or second opinion that may be required.
(e) (1) If a utilization review entity requires pre-authorization of a patient transfer, the utilization review entity must grant a pre-
authorization or issue an adverse determination and notify the covered person's health-care provider of the determination within 24 hours
of receipt of a clean pre-authorization submitted using services described in § 3377 of this title. For purposes of this subsection, a clean
pre-authorization includes the results of any face-to-face clinical evaluation or second opinion that may be required.
(2) Notwithstanding the provisions in paragraph (e)(1) of this section, when an insurer, health-benefit plan, or health-service
corporation has determined that a lower level of care at a health-care facility is clinically appropriate, the insurer, health-benefit plan,
or health-service corporation may not require pre-authorization for medically necessary interfacility transport of the covered person.
(f) If a utilization review entity requires pre-authorization of an urgent health-care service, the utilization review entity must grant a
pre-authorization or issue an adverse determination and notify the covered person's health-care provider of the determination within 48
hours of receipt of a clean pre-authorization submitted not using services described in § 3377 of this title. For purposes of this subsection,
a clean pre-authorization includes the results of any face-to-face clinical evaluation or second opinion that may be required.
(g) If a utilization review entity requires pre-authorization of a patient transfer, the review entity must grant a pre-authorization or issue
an adverse determination and notify the covered person's health-care provider of the determination within 48 hours of receipt of a clean

pre-authorization not submitted using services described in § 3377 of this title. For purposes of this subsection, a clean pre-authorization
includes the results of any face-to-face clinical evaluation or second opinion that may be required.

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