Delaware

Process / partial

No enforceable income floor today. SB 13 (16 Del. C. ch. 99) is slated for January 1, 2027. Delaware already bans interest on some medical debt and restricts credit reporting. Certificate-of-need review can weigh financial assistance.

I.R.C. § 501(r); Del. medical-debt credit reporting ban; SB 13 (charity care effective 2027) · compiled October 2026

Rule	This state
Free-care floor	—
Discount / eligibility floor	—
Covers insured patients	Yes, if they otherwise qualify
Which hospitals	Nonprofit / 501(c)(3) hospitals via federal 501(r)
Medicaid expansion	Yes — adults to 138% FPL
Screen before collections	Not required by state law
Credit reports	Statewide ban (FCRA-preemption fights ongoing)
Debt sales	Not banned
Home liens	Not banned
Wage garnishment	Tighter than the federal 25% cap
Interest on medical debt	Generally none allowed
Collection hold	No extra state waiting period
Lawsuit clock	3 years · 10 Del. C. § 8106

2026 poverty line here

Alaska and Hawaii use their own HHS tables. Everyone else uses the 48-state and D.C. figures, effective January 2026.

Household	100%	Free floor	Discount floor
1	$15,960	—	—
2	$21,640	—	—
3	$27,320	—	—
4	$33,000	—	—
5	$38,680	—	—
6	$44,360	—	—

What to do

01 Use the hospital FAP now. The 2027 charity-care statute is not yet the floor.
02 Delaware’s lawsuit window is three years — check the date of service before paying old debt.
03 Interest on hospital medical debt is generally not allowed. Strike it from any payoff.
04 Dispute medical collections on a credit report; the state ban is in force.

Appeals

Federal No Surprises Act.

Insurance: Delaware Department of Insurance — external review

Medicaid: DMMA fair hearing.

Medicare is federal regardless of state: redetermination, reconsideration, ALJ, Appeals Council, then district court.

Cite this in a letter

I request a FAP determination under Internal Revenue Code section 501(r).

Put a Delaware bill in the machine.

The estimate will use this state’s floors. The letters will cite I.R.C. § 501(r); Del. medical-debt credit reporting ban; SB 13 (charity care effective 2027).

Start a Delaware case

Delaware Attorney General

Federal overlay — every state

501(r)
501(c)(3) hospital organizations must publish a Financial Assistance Policy, a plain-language summary, and generally may not take extraordinary collection actions (selling the debt, reporting it, liens, lawsuits) until they have made reasonable efforts to determine FAP eligibility.
Official source
No Surprises Act
Emergency services, air ambulance, and many out-of-network clinicians at in-network facilities cannot balance-bill beyond in-network cost-sharing. Independent dispute resolution is between the plan and the provider — not a reason to pay the sticker rate.
Official source
FDCPA
15 U.S.C. § 1692g. Within 30 days of first collector contact, demand validation. Until it is validated, the collector should stop collecting. Partial payment can restart a state’s statute of limitations.
Official source
EMTALA
Emergency departments must screen and stabilize regardless of ability to pay. An ER bill is not an agreement that chargemaster rates are the cash price.
Official source
Medicare appeals
Five levels: redetermination (MAC, 120 days), reconsideration (QIC), ALJ at OMHA, Medicare Appeals Council, then federal district court. A remaining patient balance is often a claim the provider still needs to work.
Official source
Credit bureaus
The CFPB’s 2025 medical-debt reporting rule was vacated in July 2025. Industry practice still generally omits paid medical collections and unpaid balances under $500. Unpaid medical debt over $500 can appear after a delay unless a state ban applies. FCRA-preemption fights over those state bans are ongoing.
Official source

Sources

Official government sources for the Delaware information on this page. UNDUE does not represent any government entity.