Medical bills in Delaware: free care, credit reports and your rights
Starting January 1, 2027, Delaware will require hospitals to give free or discounted care to people with income up to 400% of the federal poverty level (the exact level depends on the hospital and your situation).
Delaware law bans medical debt from credit reports.
Charity care means free or discounted care for people with low income. Hospitals also call it financial assistance.
Checked against official sources: October 30, 2026.
Federal rules for nonprofit hospitals apply in every state. Free help can review your bill.
Can I get my bill reduced in Delaware?
Starting January 1, 2027, Delaware will require hospitals to give free or discounted care to people with income up to 400% of the federal poverty level (the exact level depends on the hospital and your situation).
| Income (% of poverty level) | What you get | Details |
|---|---|---|
| Up to 300% | Free care | Starting January 1, 2027: if your household income is at or below 300% of the federal poverty level, the hospital must cover all of what you owe for medically necessary hospital services. All covered hospitals and facility-based providers |
| 301% to 350% | Discount | Starting January 1, 2027: if your household income is above 300% and up to 350% of the poverty level, what you owe must be cut by at least 75%. All covered hospitals and facility-based providers |
| 351% to 400% | Discount | Starting January 1, 2027: if your household income is above 350% and up to 400% of the poverty level, what you owe must be cut by at least 50%. All covered hospitals and facility-based providers |
| 401% to 500% | Discount | Starting January 1, 2027: if your income is above 400% and you have a medical hardship (out-of-pocket hospital costs for a visit of 10% or more of yearly household income), the hospital's hardship policy must cut what you owe by at least 50%. A hospital may set an income limit for hardship help, but not below 500% of the poverty level. All covered hospitals, for patients with a medical hardship |
These are the income levels written in the law. Each hospital decides using its own policy.
- The law
Delaware hospital financial assistance law
Law: 16 Del. C. ch. 99, subch. VII, enacted by Senate Substitute 1 for SB 13, 2026; 16 Del. C. 9311(e), 9961-9966 (85 Del. Laws c. 349); 6 Del. C. 2503J, 2505J(f)
- Which hospitals
Starting January 1, 2027: all Delaware licensed hospitals, nonprofit or for-profit, except hospitals that provide only psychiatric, rehabilitation or long-term acute care.
- Who can get help
Delaware residents whose household income is at or below the law's levels, whether or not they have insurance. The help covers what you owe yourself (deductibles, copays, coinsurance and other balances) for medically necessary hospital services.
- Deadline to apply
Once the rest of the new financial assistance law takes effect (when the Diamond State Hospital Cost Review Board adopts final rules, or July 1, 2027, whichever comes first): you may apply at any time during collections, even after the account has been sold or sent to a collector. If you were denied, you may apply again if your finances change or you have more medical bills.
Law: 16 Del. C. 9311(e), 9961-9966 (85 Del. Laws c. 349); 6 Del. C. 2503J, 2505J(f)
Check your income level
Find out what percent of the federal poverty level your household income is, and compare it with the income levels in Delaware law.
Is my debt too old in Delaware?
| Kind of agreement | Time limit to sue |
|---|---|
| Written contract | 3 years |
| Open account | 3 years |
| Oral (spoken) agreement | 3 years |
Lawsuits on a promise, on a debt not evidenced by a record or a sealed instrument, or on an account (a detailed statement of mutual debits and credits) must be filed within 3 years. A lawsuit on a promissory note, or on a signed written acknowledgment of an existing debt, can be filed within 6 years.
- What can restart the clock
A signed written acknowledgment of an existing debt gives a 6-year period to sue on that acknowledgment.
- When the clock starts
From the date the cause of action accrues.
Law: 10 Del. C. 8106(a), 8109
A time limit to sue can differ by kind of agreement, and when it starts and what restarts it can differ; a court decides.
Can they sue me or report it in Delaware?
- Credit reports
Full ban
No one may report any medical debt to a credit bureau, and a credit bureau may not include medical debt in a credit report when it knows or should know about it.
- Waiting rules
Wait before a lawsuit: 120 days after the first bill
A hospital or other large health-care facility, or a medical debt collector, may not take any allowed 'extraordinary collection action' (such as suing, placing a lien, or selling the debt without protections) until 120 days after the first bill was sent. At least 30 days before such an action, it must send you a notice that says whether financial assistance is available, with a plain-language summary, names the action it will take and gives a deadline at least 30 days away. It may not report, contact you to collect, sue or send the bill to a collector while it knows an insurance appeal is pending or was pending in the last 60 days. Once the rest of the new financial assistance law takes effect (when the Diamond State Hospital Cost Review Board adopts final rules, or July 1, 2027, whichever comes first): it also may not sue you or send the bill to a collector while your financial assistance application or appeal is pending, and may not take any extraordinary collection action against a patient who qualifies, or likely qualifies, for financial assistance.
- Interest
At most 0% a year
Hospitals and other large health-care facilities and medical debt collectors may not charge interest or late fees, and no patient may be charged interest or late fees on medical debt or on a medical debt judgment, whatever an agreement says. Fees for paying early, service or administrative fees and other charges unrelated to the care are banned.
- Liens on your home
A medical creditor or medical debt collector may not foreclose on your home or other real property to collect a medical debt. A lien on property is an extraordinary collection action that can come only after the 120-day wait and 30-day notice.
- Wage garnishment
A medical creditor or medical debt collector may not garnish your wages, disability or unemployment benefits or workers' compensation to collect a medical debt.
- Bank account
A medical creditor or medical debt collector may not garnish or attach your bank account, pension, annuity or retirement account, or levy on your personal property, to collect a medical debt.
- Selling the debt
Selling a medical debt counts as an extraordinary collection action unless the buyer agrees in writing not to use extraordinary collection actions, not to charge interest, not to report to credit bureaus, to return the debt if you qualify for financial assistance, and not to collect more than you owe. The facility that sold the debt stays liable for the buyer's violations.
- Lawsuit rules
Anyone suing to collect medical debt must state in court papers whether it is a medical creditor, a medical debt collector or neither. Medical creditors and collectors may not cause your arrest or a body attachment. A spouse or other adult is not liable for another adult's medical bills unless they signed a separate consent, not in an emergency (parents are liable for minor children). Once the new financial assistance rules apply, it is a complete defense to a medical debt suit that the hospital did not follow the financial assistance law or that you qualify for assistance, and no default judgment may be entered without a hospital officer's sworn statement that you were offered screening first.
Law: 6 Del. C. 2502J(4), 2505J, 2506J, 2508J, 2509J, 2511J; 6 Del. C. 2505J(h), 2508J(d)-(e)
Payment plans and interest in Delaware
- Hospitals must offer a payment plan
- Interest-free
- Monthly payment limit: 5% of your monthly income
Hospitals and other large health-care facilities and medical debt collectors must offer a payment plan to any patient who owes $500 or more in total. Monthly payments may not be more than 5% of your gross monthly income, and you cannot be refused a plan because you did not provide proof of income. No first payment may be due within 30 days after the care, within 30 days after the first bill, or while the creditor is waiting for documents it asked you for. No interest, late fees or early-payment fees are allowed.
Law: 6 Del. C. 2504J
Surprise bills and ambulance bills in Delaware
- State law
Delaware emergency care and network adequacy balance-billing rules (18 Del. C. 3349, 3565)
- Which plans it covers
Individual and group health insurance and health service corporation policies issued in Delaware. Self-funded employer plans are generally not covered by state insurance law.
- What it adds
If you get emergency care from an out-of-network provider, your plan must cover it at an agreed or negotiated rate, disputes go to arbitration by the Insurance Commissioner, and the out-of-network provider may not balance bill you beyond your deductible and copays.
- Ground ambulance
The state protects you
State-regulated health plans must pay a volunteer ambulance company's charge for each ambulance run and basic life support services directly to the company (disputes go to arbitration by the Insurance Commissioner).
Law: 18 Del. C. 3349A, 3565A
Law: 18 Del. C. 3349, 3349A, 3565, 3565A
Itemized bills and price estimates in Delaware
Before any extraordinary collection action, the hospital or collector must send a notice with a plain-language summary of financial assistance.
Law: 6 Del. C. 2505J(d)
Health coverage and Medicaid in Delaware
Delaware Medical Assistance Program (Delaware Medicaid) is Delaware's Medicaid program. Apply for it here:
Apply: Delaware Medical Assistance Program (Delaware Medicaid)
Where to complain in Delaware
- Attorney general: Delaware Department of Justice, Consumer Protection Unit · (800) 220-5424
A hospital, collector or debt buyer broke the Medical Debt Protection Act (a violation is an unlawful practice under the Consumer Fraud Act), or other unfair collection practices. - Health insurance: Delaware Department of Insurance, Consumer Services Division · 1-800-282-8611
Problems with a Delaware health insurance policy, including emergency balance bills and appeals.
Free help in Delaware
Free tools, letters and checklist
Good to know in Delaware
- Delaware bans interest and late fees on medical debt and on judgments for medical debt, whatever an agreement says (6 Del. C. 2509J).
- Medical creditors and medical debt collectors may never garnish wages or bank accounts or foreclose on a home to collect medical debt (6 Del. C. 2505J(a)).
- Any agreement that waives your Medical Debt Protection Act rights or forces arbitration in advance is void (6 Del. C. 2511J(d)-(e)).
Changes in 2024–2026
March 2024: the Medical Debt Protection Act took effect. October 27, 2025: SB 156 (85 Del. Laws c. 107) replaced the 1-year credit-reporting delay with a full ban on reporting medical debt. July 20, 2026: Senate Substitute 1 for SB 13 (85 Del. Laws c. 349) was signed; its income levels for free and discounted hospital care (16 Del. C. 9962(a)-(b)) take effect January 1, 2027, and its other rules (screening, presumptive eligibility, application and appeal process, collection pause while an application is pending, lawsuit defense and default-judgment affidavit) take effect when the Diamond State Hospital Cost Review Board publishes final regulations or July 1, 2027, whichever is earlier.
Law: 84 Del. Laws c. 198, SB 8 of 2023
Questions about medical bills in Delaware
Does Delaware require hospitals to give free or discounted care?
Starting January 1, 2027, Delaware will require hospitals to give free or discounted care to people with income up to 400% of the federal poverty level (the exact level depends on the hospital and your situation).
Can medical debt be reported to credit bureaus in Delaware?
Delaware law bans medical debt from credit reports. No one may report any medical debt to a credit bureau, and a credit bureau may not include medical debt in a credit report when it knows or should know about it.
How long can a medical bill be collected or sued on in Delaware?
Lawsuits on a promise, on a debt not evidenced by a record or a sealed instrument, or on an account (a detailed statement of mutual debits and credits) must be filed within 3 years. A lawsuit on a promissory note, or on a signed written acknowledgment of an existing debt, can be filed within 6 years.
Can a medical debt lead to wage garnishment or a lien on my home in Delaware?
A medical creditor or medical debt collector may not garnish your wages, disability or unemployment benefits or workers' compensation to collect a medical debt.
Am I protected from ground ambulance bills in Delaware?
State-regulated health plans must pay a volunteer ambulance company's charge for each ambulance run and basic life support services directly to the company (disputes go to arbitration by the Insurance Commissioner). You still pay your plan's deductibles and copays.
Can I get a payment plan for a hospital bill in Delaware?
Hospitals and other large health-care facilities and medical debt collectors must offer a payment plan to any patient who owes $500 or more in total. Monthly payments may not be more than 5% of your gross monthly income, and you cannot be refused a plan because you did not provide proof of income.
More help
Nearby states
Sources
- 6 Del. C. ch. 25J, Medical Debt Protection Act
- 16 Del. C. ch. 99, subch. VII, Financial Assistance
- 85 Del. Laws c. 349 (SS 1 for SB 13, 2026)
- 85 Del. Laws c. 107 (SB 156, 2025)
- 84 Del. Laws c. 198 (SB 8, 2023)
- 10 Del. C. ch. 81 (limitations)
- 18 Del. C. 3565, 3565A (group policies)
- 18 Del. C. 3349, 3349A (individual policies)
- Delaware Department of Insurance Consumer Services
- Delaware DOJ consumer complaint