Quick answer: Delaware is a bifurcated state. Some disputes are governed by Delaware's own specified state law, while others default to the federal No Surprises Act IDR process depending on the plan type and service involved.
Delaware's specified state law applies to emergency services originating at a hospital emergency facility or comparable facility from non-network providers. The federal IDR process applies to non-emergency items and services by out-of-network providers at in-network facilities, plus air ambulance services.
Federal No Surprises Act protections took effect January 1, 2022. State-specific protections vary — check the official source below for exact effective dates in this state.
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