Delaware Code Title 18. Insurance Code § 3382A. Fairness in cost-sharing

(a) Cost-Sharing Calculation. -- When calculating an enrollee’s contribution to any applicable cost-sharing requirement, a pharmacy benefits manager shall include any cost-sharing amounts paid by the enrollee or on behalf of the enrollee by another person.  If under federal law, application of this requirement would result in health savings account ineligibility under § 223 of the federal Internal Revenue Code, this requirement shall apply for health savings account-qualified high deductible health plans with respect to the deductible of such a plan after the enrollee has satisfied the minimum deductible under 26 U.S.C. § 223, except with respect to items or services that are preventive care pursuant to 26 U.S.C. § 223(c)(2)(C) of the federal Internal Revenue Code,  1 in which case the requirements of this subsection shall apply regardless of whether the minimum deductible under 26 U.S.C. § 223 has been satisfied.

(b) Rule-making. -- The Insurance Commissioner may promulgate rules and regulations as may be necessary or appropriate to implement and administer this section.