Title 18, Insurance Code

§ 6960. Discount on reserves; report on reserves. (a) A special purpose financial captive insurance company shall file annually with the Commissioner an actuarial opinion on reserves provided by an approved independent actuary. (b) A special purpose financial captive insurance co…

§ 6961. Certain actions by the Commissioner. Other than under § 6959 of this title, the Commissioner shall notify a special purpose financial captive insurance company not less than 30 days before suspending, revoking, amending, or modifying its certificate of authority or any or…

§ 6962. Books and records. Notwithstanding § 6907 of this title, a special purpose financial captive insurance company shall calculate reserves and otherwise report using statutory accounting principles, unless the Commissioner requires, approves, or accepts the use of generally …

§ 6971. Establishment of a branch captive. A branch captive may be established in this State in accordance with the provisions of this chapter to write any line of business for which captive insurance companies are authorized under § 6903(a) of this title. In addition to the gene…

§ 6972. Definitions. As used in this subchapter, unless the context require otherwise: (1) “Alien captive insurance company” means any insurance company formed to write insurance business of a nature that the Commissioner determines is otherwise permissible under this chapter and…

§ 6973. Security required. (a) No branch captive insurance company shall be issued a license unless it shall possess and thereafter maintain, as security for the payment of liabilities attributable to the branch operations: (1) Minimum capital and surplus as set forth in § 6905 o…

§ 6974. Annual reports. (a) Notwithstanding § 6907 of this title, a branch captive insurance company shall file with the Commissioner a copy of all reports and statements required to be filed under the laws of the jurisdiction in which the foreign captive insurance company or ali…

§ 6975. Examination of branch captives. (a) The examination of a branch captive insurance company pursuant to § 6908 of this title shall be of branch business and branch operations only, so long as the branch captive insurance company provides annually to the Commissioner a certi…

§ 6976. Taxation of branch captives. In the case of a branch captive insurance company, the tax provided for in § 6914 of this title shall apply only to the branch business of such company.77 Del. Laws, c. 252, § 13;

§ 6980. Federal Home Loan Bank membership. A captive insurance company may apply for and become a member of a Federal Home Loan Bank, as defined in 12 U.S.C. § 1422(1)(A). The Commissioner may issue such reasonable rules, regulations and orders as the Commissioner may deem necess…

§ 6981. Repeals; effective date; applicability. (a) Except as provided in subsection (b) of this section, this chapter shall apply to all captive insurance companies. (b) Chapter 69 of this title as in effect prior to July 11, 2005, chapter is hereby repealed, except as set forth…

§ 6982. Reserved power of this State to alter or repeal chapter. All provisions of this chapter may be altered from time to time or repealed.75 Del. Laws, c. 150, § 1; 76 Del. Laws, c. 161, § 14; 77 Del. Laws, c. 252, § 13;

§ 6983. Short title. This chapter may be cited as the “Delaware Revised Captive Insurance Company Act.”75 Del. Laws, c. 150, § 1; 76 Del. Laws, c. 161, § 14; 77 Del. Laws, c. 252, § 13;

§ 7001. Sealed container defense in product liability [Transferred to § 2501I of Title 6].66 Del. Laws, c. 45, § 1; 70 Del. Laws, c. 186, § 1;

§ 7101. Statement of purpose. The purpose of this chapter is to promote the public interest; to promote the availability of long-term care insurance policies; to protect applicants for long-term care insurance, as defined in this chapter, from unfair or deceptive sales or enrollm…

§ 7102. Scope. The requirements of this chapter shall apply to policies delivered or issued for delivery in this State on or after January 1, 1990. This chapter is not intended to supersede the obligations of entities subject to this chapter to comply with the substance of other …

§ 7103. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: (1) “Applicant” shall mean: a. In the case of an individual long-term …

§ 7104. Extraterritorial jurisdiction; group long-term care insurance. No group long-term care insurance coverage may be offered to a resident of this State under a group policy issued in another state to a group described in § 7103(4) of this title, unless this State or another …

§ 7105. Disclosure and performance standards for long-term care insurance. (a) The Commissioner may adopt regulations that include standards for full and fair disclosure setting forth the manner, content and required disclosures for the sale of long-term care insurance policies, …

§ 7106. Nonforfeiture benefit requirement. (a) No insurer may issue or deliver a long-term care insurance policy in this State unless the insurer offers to the applicant the option to purchase a policy that provides for nonforfeiture benefits. (b) The Insurance Commissioner shall…

§ 7107. Administrative procedures. The Commissioner shall issue reasonable regulations to establish minimum standards for marketing practices, agent compensation, agent testing, penalties and reporting practices for long-term care insurance, and any other rules and regulations ne…

§ 7108. Title. This chapter shall be known and may be cited as the “Long-Term Care Insurance Act.”67 Del. Laws, c. 102, § 1; 70 Del. Laws, c. 351, § 1;

§ 7109. Penalties. In addition to any other penalties provided by the laws of this State, any insurer or agent found to have violated any requirement of this State relating to the regulation of long-term care insurance or the marketing of such insurance shall be subject to a fine…

§ 7201. Purpose. The purpose and intent of this chapter are to promote the availability of health insurance coverage to small employers regardless of their health status or claims experience, to prevent abusive rating practices, to require disclosure of rating practices to purcha…

§ 7202. Definitions [For application of this section, see 79 Del. Laws, c. 99, § 19]. As used in this chapter: (1) “Actuarial certification” means a written statement by a member of the American Academy of Actuaries, or other individual acceptable to the Commissioner, that a smal…

§ 7203. Applicability and scope. This chapter shall apply to any health benefit plan provided by a small employer which provides coverage to the employees of such small employer in this State.68 Del. Laws, c. 175, §§ 1, 3; 68 Del. Laws, c. 340, § 1;

§ 7204. Establishment of classes of business. (a) A small employer carrier may establish more than 1 class of business only to reflect substantial differences in expected claims experience or administrative costs related to the following reasons: (1) The small employer carrier us…

§ 7205. Restrictions relating to premium rates. Premium rates for health benefit plans subject to this chapter shall be subject to the following provisions: (1) The index rate for any class of business shall not exceed the index rate for similar coverage for any other class of bu…

§ 7206. Renewability of coverage. (a) A health benefit plan subject to this chapter shall be renewable with respect to all eligible employees or dependents, at the option of the small employer, except in any of the following cases: (1) Nonpayment of the required premiums; (2) Fra…

§ 7207. Availability of coverage; preexisting conditions; minimum participation [For application of this section, see 79 Del. Laws, c. 99, § 19]. (a) (1) Subject to paragraph (a)(4) of this section, every small employer carrier shall, as a condition of transacting business in thi…

§ 7208. Notice of intent to operate as a risk-assuming carrier. (a) (1) Each small employer carrier desiring to operate as a risk-assuming carrier shall make application to the Commissioner within 30 days of January 4, 1993 to operate as a risk-assuming carrier, pursuant to § 720…

§ 7209. Application to become a risk-assuming carrier. (a) A small employer carrier may apply to become a risk-assuming carrier by filing an application with the Commissioner in a form and manner prescribed by the Commissioner. (b) The Commissioner shall consider the following fa…

§ 7210. Small Employer Health Reinsurance Program [Repealed]. Repealed by 77 Del. Laws, c. 106, § 3, effective July 6, 2009.

§ 7211. Health benefit plan committee. (a) The Commissioner shall appoint a Health Benefit Plan Committee. The Committee shall be composed of representatives of carriers, small employers and employees, health-care providers and producers. (b) The Committee shall recommend the for…

§ 7212. Periodic market evaluation. The board, in consultation with the Committee, shall study and report at least every 3 years to the Commissioner on the effectiveness of this chapter. The report shall analyze the effectiveness of the chapter in promoting rate stability, produc…

§ 7213. Waiver of certain state laws. No law requiring the coverage of a health-care service or benefit, or requiring the reimbursement, utilization or inclusion of a specific category of licensed health-care practitioner, shall apply to a basic health benefit plan delivered or i…

§ 7214. Administrative procedures. The Commissioner shall issue regulations in accordance with § 314 of this title and Chapter 101 of Title 29, for the implementation and administration of this chapter.68 Del. Laws, c. 340, § 1;

§ 7215. Standards to assure fair marketing. (a) Each small employer carrier shall actively market health benefit plan coverage, including the basic and standard health benefit plans, to eligible small employers in the State. If a small employer carrier denies coverage to a small …

§ 7216. Regulations; exceptions. (a) The Commissioner may establish regulations to implement the provisions of this section and to assure that rating practices used by small employer carriers are consistent with the purposes of this chapter, including regulations that: (1) Assure…

§ 7217. Disclosure of rating practices; certification of compliance. (a) In connection with the offering for sale of any health benefit plan to a small employer, a small employer carrier shall make a reasonable disclosure, as part of its solicitation and sales materials, of all o…

§ 7218. Factors for premium rates; premium rate variations; premium rate adjustments; “stop-loss” policies prohibited. (a) The only factors, other than plan design and family composition, that may be considered by a small employer carrier in setting premium rates for small employ…

§ 7301. Title. This chapter shall be known as the “Pharmacy Access Act.”69 Del. Laws, c. 227, § 1;

§ 7302. Purpose and applicability. (a) The General Assembly finds that pharmaceutical services and prescription drugs are an essential service to the people of this State and that the broadest possible access to such services should be mandated and therefore finds that this chapt…

§ 7303. Access and prohibitions. (a) Any person in the State may select the pharmacy of the person’s choice as long as the pharmacy has agreed to participate in the plan according to the terms offered by the insurer. (b) Any pharmacy or pharmacist has the right to participate as …

§ 7401. Title. This chapter may be cited as the “HIV Testing For Insurance Act.”70 Del. Laws, c. 176, § 1;

§ 7402. Definitions. For the purpose of this chapter, the following definitions apply: (1) “Applicant” means the individual proposed for insurance coverage. (2) “HIV” means the human immunodeficiency virus or any other identified causative agent of acquired immune deficiency synd…