These are the legal provisions related to hospital financial assistance/charity care in the state of Delaware. This is intended for educational use and should not be treated as legal advice.
Is there a state charity care law?
Delaware's law is as follows: Hospitals must offer charity care for individuals below 350% in order to obtain a Certificate of Public Review
Qualifications for charity care in Delaware
Does the law specify a minimum Federal Poverty Level (FPL) for charity care?
Delaware law specifies the minimum at 350% of the Federal Poverty Level.
Does the law specify a minimum deadline for applying for charity care?
Delaware law specifies the minimum at 240 days from the first post-discharge bill.
Does the law specify that having insurance disqualifies a patient for charity care?
Under Delaware state law, you are entitled to charity care if you are within 350% FPL and you are either uninsured or underinsured. Underinsured means that your total out-of-pocket-costs are at least 5% of your annual income.
Does the law specify that patients must be residents to be eligible for charity care?
Delaware law does not address this matter, so federal law would apply.
Federal law does not directly answer this. However, we think that federal law prohibits nonprofit hospitals from denying patients charity care because of their residency.
Does the law specify that patients must be US citizens or documented immigrants/lawful permanent residents to be eligible for charity care?
Delaware law does not address this matter, so federal law would apply.
Federal law does not directly answer this. However, we think that federal law prohibits nonprofit hospitals from denying patients charity care because of their immigration status.
Does the law specify that patients must owe a minimum bill amount in order to be eligible for charity care?
Delaware law does not address this matter, so federal law would apply.
Federal law says that non-profit hospitals may not require a minimum bill amount for a patient to qualify for charity care. All emergency and medically necessary care conducted at a non-profit hospital is eligible for charity care.
How the law applies to copays in Delaware
Does the law specify that patients cannot be responsible for a copay if they are eligible for charity care?
Delaware state law can require a copay.
Does the law specify that hospitals cannot deny financial assistance to cover patient copays, coinsurance, or deductibles?
Delaware state law can require a copay.
Collections laws related to charity care in Delaware
Does the law specify that hospitals cannot deny financial assistance to cover patient copays, coinsurance, or deductibles?
A nonprofit hospital may send you to collections at any time, but they must wait 120 days from when they sent the first post-discharge bill to sell your debt, report it to a credit reporting bureau, or engage in a judicial process such as a lawsuit or garnishment.
Length of time charity care can be applied to future bills in Delaware
Does the law specify that hospitals must honor a charity care decision for future bills for a specific length of time?
Delaware law does not address this matter, so federal law would apply.
Federal law does not directly address this. Nonprofit hospitals are simply required to follow their financial assistance policy.