Delaware General Assembly

Passed 6/24/26

Ready for Governor for action

5/19/26

Minor-Brown

Sen. Pinkney

Reps. Heffernan, K. Johnson, Morrison, Burns, Harris, Berry, Carson, Lambert, Ross Levin, Snyder-Hall
Sen. Seigfried, Poore

AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO THE STEP THERAPY EXCEPTION PROCESS.

This Act modernizes Delaware law by adding modern medical treatment options biologics or biosimilars to the step therapy exception process. The current law was passed before biosimilars were widely available. Biosimilars are to biologics what generic drugs are to traditional drugs once their exclusivity expires. This revision adds an exclusion to step therapy protocol exceptions for interchangeable biologics and biosimilars.

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