FREE or low-cost hospital care in Delaware

Delaware at a glance

Delaware is home to about 109,282 foreign-born residents (10.7% of the state’s 1,021,191 people) and 112,835 residents of Hispanic or Latino origin (11.0%), per the U.S. Census Bureau’s American Community Survey (2024 5-year estimates). The procedures below apply to everyone in Delaware regardless of immigration status unless noted.

If you live in Delaware and need medical care but DON’T have insurance and CAN’T pay, there are multiple programs to help.

Hospital charity-care law — Delaware
State law?Yes — Charity care condition of the Certificate of Public Review (16 Del. C. §9311); covers: hospitals subject to Certificate of Public Review
Discounted careUp to 350% FPL — about $115,500/year for a household of 4
What it meansHospitals must provide charity care as a condition of their Certificate of Public Review; under Board criteria, patients at or below 350% FPL can qualify for free or discounted care, with amounts set by the Health Resources Board each year. The 350% figure comes from Board criteria, not statute text. The Delaware Code now contains 16 Del. C. § 9962 (85 Del. Laws c. 349), marked effective Jan. 1, 2027: full financial assistance at or below 300% FPL, at least 75% off between 300% and 350%, and at least 50% off between 350% and 400% (Delaware Code page read Oct 10, 2026).
Verifydelcode.delaware.gov · delcode.delaware.gov · dollarfor.org — compiled from secondary sources; confirm with the hospital's financial-assistance office

State laws verified 2026-06-10. Charity-care laws are actively changing — confirm the current rule with the hospital before making decisions.

Signed into law July 20, 2026 — but not in effect yet

Delaware’s new hospital charity-care law, Senate Substitute 1 for Senate Bill 13, was signed by Governor Meyer on July 20, 2026. It sets statewide minimums for hospital financial assistance — but the rules on this page are still the ones that apply today, because the new standards have not taken effect.

When it takes effect, the law will require Delaware hospitals to provide, for Delaware residents:

  • Free care (full financial assistance) at or below 300% of the federal poverty level
  • 75% discount above 300% and at or below 350% FPL
  • 50% discount above 350% and at or below 400% FPL
  • A medical hardship policy with at least a 50% discount and an income ceiling of at least 500% FPL

Effective dates: the minimum financial-assistance standards (16 Del. C. § 9962(a) and (b)) take effect January 1, 2027. Every other provision takes effect on the earlier of (a) notice from the Diamond State Hospital Cost Review Board, published in the Register of Regulations, that final implementing regulations have been adopted, or (b) July 1, 2027.

At 300% FPL, this is the highest statewide free-care income threshold in the country. Bill text and status: SS 1 for SB 13, Delaware General Assembly.

EMTALA — Emergency Medical Treatment and Labor Act

Federal law requires ALL hospitals with emergency rooms to:

  • Examine anyone arriving with emergency
  • Stabilize emergency BEFORE any payment consideration
  • CANNOT ask immigration status before treating
  • CANNOT demand payment before stabilizing

This INCLUDES childbirth. If you arrive in labor, they must treat you.

Nonprofit hospitals and Charity Care (IRS Section 501(r))

Nonprofit hospitals (most in Delaware) MUST, by federal law:

  • Have a published financial assistance policy
  • Offer discounts to low-income patients
  • NOT charge more than “amounts generally billed” (AGB) to eligible patients
  • Notify patient about Charity Care BEFORE sending bills to collections

Common Charity Care programs

Income-based sliding scale discounts

Federal rules (IRS, Section 501(r)(4)) require each nonprofit hospital facility to have its own written Financial Assistance Policy, so free-care and discount levels differ from hospital to hospital. Ask the hospital’s billing office for its policy; any income threshold set by state law is in the table above.

How to apply

  1. Request application at hospital billing department
  2. Application form — length varies by hospital
  3. Documents: the ones the hospital’s financial assistance policy or application form lists — for example income proof (W-2, 1099, paystubs, ITIN tax return) and household size
  4. Each hospital sets its documents — under the federal 501(r) rules, a nonprofit hospital may deny aid for missing information only if its FAP or application form asks for it
  5. Applies retroactively — if you receive bill, can apply AFTER treatment

Timeline

  • At least 240 days from the first bill after discharge — the federal 501(r) minimum application window
  • If your bill is already in collections, you can STILL apply

Public / safety net hospitals in Delaware

Large states have public hospital systems treating everyone regardless of ability to pay:

  • County hospitals
  • Public Hospital Districts
  • Veterans Administration (veterans only)
  • Indian Health Service (Native Americans)

Ask each hospital about its financial assistance policy and its language-assistance services.

Community Health Centers (FQHC)

See: Community Health Centers in Delaware

If no emergency (routine care)

  • Medicaid (if eligible): /benefits/medicaid/delaware/
  • CHIP for your kids: /benefits/chip/delaware/
  • Marketplace plans (healthcare.gov) — note: DACA recipients were briefly eligible under a 2024 rule, but a 2025 federal rule excluded them again
  • FQHC sliding scale (Federally Qualified Health Centers)
  • Free clinics — search in your area
  • Dental/vision services at medical/dental schools (low prices)

What to do if you receive an impossible medical bill

  1. DON’T IGNORE — leads to collections and credit damage
  2. Call hospital and ask for “Financial Assistance Application” or “Charity Care application”
  3. Negotiate — ask the billing office whether it will accept a reduced amount
  4. Ask about a payment plan — and whether it charges interest
  5. Apply for financial assistance before paying — if a nonprofit hospital finds you eligible on an application filed within its application period, federal 501(r) rules require it to refund what you paid above your discounted amount, unless that excess is less than $5 (or another amount the IRS sets in published guidance), per 26 CFR 1.501(r)-6(c)(6)
  6. Consult pro bono attorney if threatened with garnishment

Resources

Last verified: 2026-09-24.

General information, not medical or legal advice. For specific situations, talk to a Patient Advocate or insurance attorney.