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 care | Up to 350% FPL — about $115,500/year for a household of 4 |
| What it means | Hospitals 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; a bill to mandate free care below 300% FPL (SB 13) was pending in June 2026. |
| Verify | 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.
Your LEGAL rights in Delaware
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
Most nonprofit hospitals in Delaware offer:
- 0-200% FPL (up to $31,920 for one person, 2026): FREE (100% discount)
- 200-400% FPL (up to $63,840 ): 50-75% discount
- 400-600% FPL (up to $95,760 ): 25-50% discount
- Above 600% FPL: negotiated price but NO Charity Care
How to apply
- Request application at hospital billing department
- Simple form — typically 2-4 pages
- Documents: income proof (W-2, 1099, paystubs, ITIN tax return), proof of essential expenses (rent, food), family composition
- No mandatory SSN — can use ITIN or alternative ID
- 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
- Many hospitals allow even longer
- 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)
These hospitals typically:
- Treat ALL, especially uninsured
- Have sliding fee scales
- Have interpreters in multiple languages (Spanish included)
- Connect with social 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
- DON’T IGNORE — leads to collections and credit damage
- Call hospital and ask for “Financial Assistance Application” or “Charity Care application”
- Negotiate — hospitals often accept 10-50% of bill as final payment
- Interest-free installments — most offer this
- DON’T use credit card to pay hospital bills — loses nonprofit billing protection
- Consult pro bono attorney if threatened with garnishment (some hospitals do this illegally)
Resources
- National Center for Medical Legal Partnership
- Dollar For — organization helping with Charity Care applications FREE
- Patient Advocate Foundation — patient support with bills
- NAFC Free Clinics — directory of free clinics in Delaware
Related information
- Medicaid in Delaware
- CHIP in Delaware
- Community Health Centers in Delaware
- SNAP in Delaware
- Public Charge Rule
Last verified: 2026-07-01.
General information, not medical or legal advice. For specific situations, talk to a Patient Advocate or insurance attorney.
Related procedural information
- Federal benefits eligibility by immigration status — who qualifies for what
- Find legal aid in your state — public-benefits appeals
- What an ITIN is and is not — an ITIN is a tax-filing number, not proof of eligibility for any benefit; each program sets its own identity and status rules
- Consulate of your country — many offer financial-assistance referrals
- Know Your Rights — public-benefits enrollment — agency confidentiality limits
