Delaware: AI health lawsYour state
4 entries on the map: 3 in force and 1 enacted and not yet in force (main duties begin Jan. 1, 2027).
Delaware's AI rules bind insurers, utilization review entities and data controllers; its privacy law can reach medical practices.
Full overview and dates aheadHide full overview
HB 191, in force since April 23, 2026, bars a nonhuman entity, including an AI agent, from licensure as a physician, nurse or physician assistant or use of those titles. The Delaware Personal Data Privacy Act, in force since Jan. 1, 2025, exempts protected health information but not practices: a practice or nonprofit meeting its thresholds needs consent to process other data revealing a health condition or diagnosis and must honor opt-outs from profiling for solely automated decisions on health care services; Jan. 1, 2027, amendments lower the thresholds and add neural data. Bulletin No. 148, in effect since Feb. 5, 2025, expects insurers to keep a written AI systems program. The Pre-Authorization Reform Act, which does not mention AI, requires a same-or-similar-specialty physician to make any adverse determination on a physician's clean pre-authorization request, for policies issued or renewed after Dec. 31, 2026.
Dates ahead
- Jan. 1, 2027SB 12 with SA 1, Delaware Pre-Authorization Reform Act of 2025 (85 Del. Laws, c. 176)Payer and utilization review AI
Payer and utilization review AI
Domestic and Foreign Bulletin No. 148, The Use of Artificial Intelligence Systems in Insurance
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SB 12 with SA 1, Delaware Pre-Authorization Reform Act of 2025 (85 Del. Laws, c. 176)
Clinical decision and chatbot limits
HB 191, An Act to Amend Title 24 of the Delaware Code Relating to Medical Professionals, Titles, and Nonhuman Entities (85 Del. Laws, c. 250)
Data and privacy
HB 154, Delaware Personal Data Privacy Act (84 Del. Laws, c. 197)
Nothing in these categories was found in the review of Nov. 4, 2026: patient disclosure of AI use; mental health AI.
What applies to me in Delaware: physician, practice owner, hospital.
Federal law also applies in every state: see federal law and policy.
Calendar of dates laws take effect (Delaware): subscribe or download the .ics file.
General information, not legal advice. The whole map is available as data at /law-map/laws.json.