DE HB439

Requires facilities and out-of-network health care providers to provide written disclosure to insured persons before delivering non-emergency services, notifying them of out-of-network status and potential additional charges beyond copayments, deductibles, and coinsurance.

Mandates disclosure include a list of facility-based providers who may render care, notification that cost estimates are available, and a signed written consent from the insured acknowledging the provider is out-of-network and agreeing to accept charges.

Prohibits balance billing by facilities and out-of-network providers if required disclosures are not provided to the insured person.

Requires health insurers to maintain accurate and complete provider directories, update them frequently, audit their accuracy, and make them easily accessible to covered persons in multiple formats.

Establishes that if providers and insurers cannot agree on reimbursement rates when disclosures are not provided, the Insurance Commissioner shall arbitrate the dispute and determine appropriate charges; effective January 1 the year following enactment.