Community Benefit Requirement
Delaware may require hospitals to provide charity care as a condition of certificate of public review approval.

As a condition of Certificate of Public Review approval, Delaware requires all health care facilities to “perform and accept charity care … to the extent required by the [Delaware Health Resources] Board.” A certificate of public review is required to 1) construct or develop a health care facility or acquire a nonprofit health care facility, 2) spend more than $5.8 million on behalf of a health care facility, 3) increase bed capacity by more than 10 beds, or by more than 10 percent of existing beds within a two-year period, or 4) acquire major medical equipment. Del. Code Ann. Tit. 16 §§9311, 9301, 9304.

Delaware law authorizes the Delaware Health Resources Board to determine the charity care requirements for health care facilities that receive a Certificate of Public Review. Del. Code Ann. Tit. 16 §9311.