DE SB120

Requires individual, group, state employee, and public assistance health insurance plans to cover biomarker testing for diagnosis, treatment, management, or ongoing monitoring of a patient's disease or condition when supported by medical and scientific evidence

Defines "biomarker testing" as analysis of tissue, blood, or other biospecimens, including single-analyte tests, multi-plex panel tests, protein expression, and whole exome, genome, or transcriptome sequencing

Coverage must be provided when tests are supported by FDA-approved or FDA-cleared test indications, FDA-approved drug indications, CMS National Coverage Determinations, Medicare Administrative Contractor Local Coverage Determinations, or nationally recognized clinical practice guidelines

Insurers must ensure coverage is provided in a manner that limits disruptions in care, including minimizing the need for multiple biopsies or biospecimen samples

Exempts accident-only, specified disease, hospital indemnity, Medicare supplement, long-term care, disability income, and other limited benefit policies; effective for policies issued, renewed, or modified after December 31, 2026