Delaware Code § 18-3566

Prescription medication
Open in Lexace · Ask the AI about this section
(a) This section applies to every group or blanket policy or contract of health insurance, including each policy or contract issued by a
health service corporation, which is delivered or issued for delivery in this State and which provides coverage for outpatient prescription
drugs.
(b) Every group or blanket policy or contract of health insurance described in subsection (a) of this section shall provide coverage for
any outpatient drug prescribed to treat a covered person for a covered chronic, disabling or life-threatening illness if the drug:
(1) Has been approved by the Food and Drug administration for at least 1 indication; and
(2) Is recognized for treatment of the indication for which the drug is prescribed in:
a. A prescription drug reference compendium approved by the Insurance Commissioner for purposes of this section; or
b. Substantially accepted peer reviewed medical literature.
(c) Coverage of a drug required by this section shall include coverage of medically necessary services associated with administration
of the drug.
(d) This section does not require coverage for:
(1) Medication that may be obtained without a physician's prescription;
(2) Experimental drugs not otherwise approved for the proposed use or indication by the Food and Drug Administration; or
(3) Any disease, condition, service or treatment that is excluded from coverage under the policy.
(e) Nothing in this section shall prevent the operation of policy provisions involving deductibles, coinsurance, allowable charge
limitations, maximum dollar policy limitations or coordination of benefits.

‹ Prev All Delaware sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.