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Delaware Law Eliminates Prior Authorization For Serious Mental Illness Treatment & Expands Emergency Behavioral Health Coverage

Delaware Governor Matt Meyer signed Senate Bill 22, the Fair Standards in Mental Health Care Act, on September 8, 2026. The law expands behavioral health coverage requirements for commercial health plans, including eliminating prior authorization for the diagnosis and medically necessary treatment of serious mental illnesses and substance use disorders and requiring coverage for emergency, crisis, and stabilization services. The updates to existing law continue prohibitions on certain prior authorization requirements and include improvements identified in the Department of Insurance’s nation-leading market conduct exams. The provisions apply to individual and group health insurance policies issued, renewed, or amended . . .

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