# Delaware SB 271: AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO PHARMACY BENEFITS MANAGERS.

Delaware SB 271, AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO PHARMACY BENEFITS MANAGERS., is a 153rd General Assembly (2024–2026) Senate bill sponsored by David P. Sokola (Democratic); status signed, last action 2026-09-08 (Signed by Governor); PRIA reads it as touching household money (as of 2026-10-12).

- Canonical: https://policyrisk.com/state-bill/DE-SB271-153
- As of: 2026-10-12
- Plain-text twin of the page above; the HTML and this file carry the same facts.

## Facts
- Bill: Delaware SB 271
- State: Delaware
- Session: 153rd General Assembly (2024–2026)
- Title: AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO PHARMACY BENEFITS MANAGERS.
- Status: signed
- Chamber: Senate
- Introduced: 2026-03-26
- Last action: 2026-09-08, Signed by Governor
- Sponsor: David P. Sokola (Democratic)
- Cosponsors: 12
- Touches household money: yes
- Roll calls: 2 (60 yes, 0 no in all)
- Economic provisions PRIA read: 11

## Summary

No summary available.

## Bill overview: provisions PRIA read

- Fewer approval barriers for patients' medicines: benefit, medium. Pharmacy benefits managers cannot require prior approval for a covered 72-hour supply of noncontrolled medicine for an emergency condition. Approval forms must ask whether a chronic or long-term medicine may be needed for life. If the prescriber says yes, managers cannot require renewed approval mo…
- Patients gain prescription data privacy protections: benefit, low. Pharmacy benefits managers cannot share prescription data identifying patients or prescribers with affiliated pharmacies for commercial purposes. Sharing remains allowed for pharmacy payment, checking coverage drug lists, or reviewing medicine use.
- Patients protected from costlier drug switches: benefit, low. Pharmacy benefits managers cannot require pharmacies to substitute an equivalent or alternative medicine that costs the patient more out of pocket. The rule has an exception for switches made for medical reasons that benefit the patient.
- Pharmacies face fewer audit disruptions: benefit, low. Auditors must give pharmacies 14 days' notice and identify prescription numbers or the review date range five business days ahead. These notice rules do not apply when federal requirements prohibit them. Random sampling requires a reliable sample and a masked list at least five business days before…
- Pharmacies gain a minimum drug payment: benefit, low. Pharmacy benefits managers must pay at least the national average drug acquisition cost for a prescription's drug ingredient component. If that figure is unavailable, the wholesale acquisition cost applies. Both benchmarks use the date of service. This floor does not set a patient's price or guaran…
- Pharmacies gain stronger payment appeal rights: benefit, low. Contracted pharmacies have 40 calendar days after a fill to appeal payments below their net supplier cost or Delaware's required amount. Managers must decide within 10 calendar days after the pharmacy makes the claim and explain denials in detail. For maximum allowable cost denials, they must ident…
- Pharmacists gain protections for medicine packaging: benefit, low. Managers cannot require pharmacists to break unit-of-use packages beyond the manufacturer's directions when the only available package exceeds the minimum supply. A package marked 'for single-patient-use only' counts as the smallest available size.
- Pharmacy audits protect costs and funds: benefit, low. Wholesale invoice audits can verify only inventory purchases tied to claims paid by the plan sponsor or auditing manager. Pharmacies and pharmacists can support claims with supplier invoices that hide unrelated information. Managers must pay audit costs and cannot charge pharmacies audit fees, thou…
- Stronger contract protections for pharmacies: benefit, low. Pharmacy benefits managers must give pharmacies or pharmacists at least 60 days' notice before changing their contracts. Managers cannot retaliate solely because of qualifying disclosures, complaints, or appeals to the Commissioner. Protected disclosures concern reasonably suspected state or federa…
- Pharmacy contract protections start after 2026: cost, low. The law applies to manager–pharmacy contracts made, renewed, amended, or extended after December 31, 2026. The same timing applies to contracts with pharmacists. Existing contracts become covered when one of those events happens after that date, not simply because the law was enacted.
- Pharmacies gain review but risk costs: mixed, low. Pharmacies can appeal an adverse final payment decision to Delaware's Department of Insurance within 10 calendar days after receiving it. Managers must explain this right, provide the filing website, and post appeal information and contact details on their websites. The Commissioner checks complian…

## Sponsors and cosponsors

- Sponsor: David P. Sokola (Democratic), Senate
- Cosponsor: Frank Burns (Democratic), House
- Cosponsor: Krista Griffith (Democratic), House
- Cosponsor: Gerald W. Hocker (Republican), Senate
- Cosponsor: Kyra L. Hoffner (Democratic), Senate
- Cosponsor: Larry Lambert (Democratic), House
- Cosponsor: Eric Morrison (Democratic), House
- Cosponsor: Cyndie Romer (Democratic), House
- Cosponsor: Ray Seigfried (Democratic), Senate
- Cosponsor: Claire Snyder-Hall (Democratic), House
- Cosponsor: Laura V. Sturgeon (Democratic), Senate
- Cosponsor: John "Jack" Walsh (Democratic), Senate
- Cosponsor: Madinah Wilson-Anton (Democratic), House

## Roll call votes

| Date | Chamber | Motion | Result | Yes | No | Other |
| --- | --- | --- | --- | --- | --- | --- |
| 2026-06-24 | House | Passed (SM required) | pass | 40 | 0 |   |
| 2026-06-09 | Senate | Passed (SM required) | pass | 20 | 0 |   |

## Actions (9)

- 2026-09-08: Signed by Governor (Governor)
- 2026-06-24: Passed By House. Votes: 40 YES 1 ABSENT (House)
- 2026-06-16: Reported Out of Committee (Economic Development/Banking/Insurance & Commerce) in House with 1 Favorable, 9 On Its Merits (House)
- 2026-06-10: Assigned to Economic Development/Banking/Insurance & Commerce Committee in House (House)
- 2026-06-09: Passed By Senate. Votes: 20 YES 1 ABSENT (Senate)
- 2026-06-09: Amendment SA 1 to SB 271 - Passed By Senate. Votes: 20 YES 1 ABSENT (Senate)
- 2026-06-09: Amendment SA 1 to SB 271 - Introduced and Placed With Bill (Senate)
- 2026-05-21: Reported Out of Committee (Executive) in Senate with 6 On Its Merits (Senate)
- 2026-03-26: Introduced and Assigned to Executive Committee in Senate (Senate)

## Bill text

- Current, 2026-03-26: [HTML](https://legis.delaware.gov/json/BillDetail/GenerateHtmlDocument?legislationId=143023&legislationTypeId=1&docTypeId=2)

## Related bills

- HS 1 for HB 449: AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO THE DIETITIAN/NUTRITIONIST LICENSURE ACT. (passed house)
- HB 357: AN ACT TO AMEND TITLES 10 AND 13 OF THE DELAWARE CODE RELATING TO THE DUTY TO SUPPORT POOR PERSONS. (signed)
- SB 279: AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO SCHOOL-BASED OCCUPATIONAL THERAPISTS. (vetoed)
- HB 393: AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE RELATING TO PROTECTIONS FOR PUBLIC UTILITY CONSUMERS. (vetoed)
- SB 231: AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO SCHOOL SOCIAL WORKERS. (vetoed)
- HB 356: AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO PFAS IN FIREFIGHTING FOAM AND EQUIPMENT. (failed)

## Sources
- [Current (HTML)](https://legis.delaware.gov/json/BillDetail/GenerateHtmlDocument?legislationId=143023&legislationTypeId=1&docTypeId=2)

## Related
- [HS 1 for HB 449: AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO THE DIETITIAN/NUTRITI…](https://policyrisk.com/state-bill/DE-HS1FORHB449-153)
- [HB 357: AN ACT TO AMEND TITLES 10 AND 13 OF THE DELAWARE CODE RELATING TO THE DUTY TO S…](https://policyrisk.com/state-bill/DE-HB357-153)
- [SB 279: AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO SCHOOL-BASED OCCUPATI…](https://policyrisk.com/state-bill/DE-SB279-153)
- [HB 393: AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE RELATING TO PROTECTIONS FOR PUBLI…](https://policyrisk.com/state-bill/DE-HB393-153)
- [SB 231: AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO SCHOOL SOCIAL WORKERS.](https://policyrisk.com/state-bill/DE-SB231-153)
- [HB 356: AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO PFAS IN FIREFIGHTING…](https://policyrisk.com/state-bill/DE-HB356-153)
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Source: PRIA, https://policyrisk.com/state-bill/DE-SB271-153 (as of 2026-10-12).