reglab/housing_qa huggingface dataset:
18 DE Code § 7302. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 73. Pharmacy Access Act|§ 7302. Purpose and applicability.

§ 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 chapter shall apply to all health benefit plans providing pharmaceutical service benefits, including prescription drugs, to any resident of Delaware. This chapter shall also apply to insurance companies and health maintenance organizations that provide or administer coverage and benefits for prescription drugs. (b) This chapter shall not apply to any entity that has its own facility, employs or contracts with physicians, pharmacists, nurses and other health-care personnel, and that dispenses prescription drugs from its own pharmacy to its employees and to enrollees of its health benefit plan; provided, however, this chapter shall apply to an entity otherwise excluded that contracts with an outside pharmacy or group of pharmacies to provide prescription drugs and services. This chapter shall not apply to any federal program, clinical trial program, hospital or other health-care facility when dispensing prescription drugs to its patients. 69 Del. Laws, c. 227, §  1;
18 DE Code § 7303. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 73. Pharmacy Access Act|§ 7303. Access and prohibitions.

§ 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 a contract provider under a plan or policy if the pharmacy or pharmacist agrees to accept the terms and reimbursement set forth by the insurer. (c) No insurer shall impose on a beneficiary any co-payment or condition that is not equally imposed with all contracting pharmacy providers the beneficiary may utilize. (d) No insurer shall require a beneficiary, as a condition of payment or reimbursement, to purchase pharmacy services, including prescription drugs, exclusively through a mail-order pharmacy. (e) A pharmacist or pharmacy shall not interfere with the control of over-utilization of a plan's covered services and may not waive, discount, rebate or distort in any way the designated co-payment of any insurer plan or patient's co-insurance portion of a prescription drug coverage plan. (f) At least 60 days prior to the effective date of any health benefit plan or renewal of any pharmacy contract network which provides for coverage of pharmacy services, including prescription drug coverage, to Delaware residents, and restricts pharmacy participation, the entity providing the health benefit plan shall provide notice to all pharmacies within the State and shall offer to the pharmacies the opportunity to participate in the health benefit plan. Such notice and offer shall be considered given upon delivery of written notice to the Delaware Pharmaceutical Society, Inc. or its successor, and upon publication of such notice in a newspaper of general circulation throughout the State. All pharmacies within the State shall be eligible to participate under identical reimbursement terms for providing pharmacy services, including prescription drugs. The health benefit insurer shall inform the plan beneficiaries of the names and locations of pharmacies that are participating in the plan as providers of pharmacy services. (g) Any provision in a health benefit plan which is executed, delivered or renewed, or otherwise contracted for in this State that is contrary to any provision of this section shall, to the extent of the conflict, be void. (h) It shall be a violation of this section for any insurer of any person to provide any health benefit plan that provides for pharmaceutical services to residents of this State that does not conform to the provisions of this section. 69 Del. Laws, c. 227, §  1;  70 Del. Laws, c. 186, §  1;
18 DE Code § 7401. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 74. The Hiv Testing for Insurance Act|§ 7401. Title.

§ 7401. Title. This chapter may be cited as the “HIV Testing For Insurance Act.” 70 Del. Laws, c. 176, §  1;
18 DE Code § 7402. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 74. The Hiv Testing for Insurance Act|§ 7402. Definitions.

§ 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 syndrome (AIDS). (3) “HIV test” means an enzyme-linked immunosorbent assay (ELISA) to determine the presence of antibodies to the human immunodeficiency virus (HIV) or such other test as may be approved by the Department of Health and Social Services; in the event of a positive or indeterminate result, the Western Blot Assay or an equivalent or more reliable confirmatory test shall also be administered prior to notification of the test result. (4) “Informed consent” means a voluntary agreement of consent of HIV testing executed by the subject of the test or the subject's legal guardian. Information provided prior to consent shall be provided in such a manner as to be understood by the subject of the test, and shall fully describe:  (a) The test procedures generally; (b) The implications of the test results; (c) How the test results will be used; (d) With whom the test results shall be shared; (e) The methods of transmission and methods of prevention of HIV infection; (f) The medically accepted degree of reliability of the testing procedures; (g) The opportunity of medical treatment for HIV infection and any related infections if diagnosed; (h) The presumption that a person who is infected with HIV is infected for life; and (i) The responsibility of an infected person not to knowingly infect others. (5) “Insurer” means any individual, corporation, association, partnership, fraternal benefit society or any other entity engaged in the insurance underwriting business, except insurance agents and brokers. This term shall also include medical service plans and hospital plans and health maintenance organizations and health service corporations which shall be designated as engaged in the business of insurance for the purpose of this chapter.70 Del. Laws, c. 176, §  1;
18 DE Code § 7403. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 74. The Hiv Testing for Insurance Act|§ 7403. Insurer requirements; informed consent; use of results; information.

§ 7403. Insurer requirements; informed consent; use of results; information. (a) No insurer shall request or require that an applicant submit to an HIV test unless the insurer first:  (1) Obtains the applicant's prior written informed consent; (2) Reveals to the applicant the use to which the HIV test results may be put and entities to whom test results may be disclosed pursuant to §§ 7404 and 7405 of this title; and (3) Provides the applicant with written information approved by the Department of Health and Social Services, such as the brochure “HIV and AIDS” published by the American Red Cross, or its successor, or a similar brochure. (b) An applicant may ask the person conducting the medical examination and testing on behalf of the insurer any questions the applicant may have regarding the HIV test and the informed consent. Such person shall either answer the questions to the extent of the person's knowledge or inform the applicant that prior to undergoing medical examination and testing, the applicant may wish to consult a physician or other knowledgeable health care professional, at the applicant's expense, if any. (c) No positive ELISA test result may be used for any purpose unless it has been confirmed by a Western Blot Assay or an equivalent or more accurate confirmatory test. 70 Del. Laws, c. 176, §  1;
18 DE Code § 7404. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 74. The Hiv Testing for Insurance Act|§ 7404. Disclosure limitations.

§ 7404. Disclosure limitations. (a) In addition to the disclosure provided for in § 7405 of this title, or Subsection (b) of this section, on the basis of the applicant's written informed consent as specified in § 7403 of this title, an insurer may also disclose an applicant's HIV test result to its reinsurers or to those contractually retained medical personnel and insurance affiliates, excluding agents and brokers, which are involved in underwriting or claims decisions regarding the individual's application, provided disclosure is necessary to make underwriting or claims decisions regarding such application. (b) An insurer may report a confirmed positive HIV test result to a medical information exchange agency, such as the Medical Information Bureau, provided that:  (1) The informed consent form clearly explains that such disclosure may be made; and (2) a. The results are reported in a manner that only identifies that the applicant has had an abnormal blood test result; or b. The results are reported in a manner that utilizes a neutral identifier to keep the identity of the individual confidential and anonymous to such agency. (c) Insurers shall maintain strict confidentiality regarding HIV test results. Information regarding HIV test results may not be disclosed outside the insurer except as provided for in this section and in § 7405 of this title. 70 Del. Laws, c. 176, §  1;
18 DE Code § 7405. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 74. The Hiv Testing for Insurance Act|§ 7405. Notification.

§ 7405. Notification. An insurer who fails to issue a policy an applicant due to the results of HIV testing shall notify the applicant in writing of an adverse underwriting decision based upon the results of such applicant's medical examination and testing but shall not disclose the specific results of such medical examination and testing to the applicant. The insurer shall also inform the applicant that the results of the medical examination and testing will be sent to the physician designated by the applicant at the time of application and that such physician should be contacted for information regarding the applicant's medical examination and testing. If a physician was not designated at the time of application, the insurer shall request that the applicant name a physician to whom a copy of the results of the medical examination and testing may be sent. In the event that an applicant fails to identify a physician despite the efforts of the insurer to have the applicant do so, the insurer shall convey to the Department of Health and Social Services information in the insurer's possession which may be necessary to locate and inform the applicant of the applicant's positive HIV test result. If a physician is named by the applicant, the insurer shall, at the time notification is made to the physician, inform the physician that if the applicant fails to contact the physician within 30 days of the notice, the physician shall convey to the Department of Health and Social Services information in the physician's possession which may be necessary to locate and inform the applicant of the applicant's positive HIV test result. The physician shall make such notification to the Department of Health and Social Services if the applicant fails to contact the physician within 30 days of the insurer's notice. All reports made pursuant to this chapter are confidential and protected from release and shall be used for the sole purpose of locating and informing the applicant of the applicant's positive HIV test result. 70 Del. Laws, c. 176, §  1;
18 DE Code § 7501. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 75. Delaware Viatical Settlements Act|§ 7501. Short title.

§ 7501. Short title. This chapter may be cited as the “Delaware Viatical Settlements Act.” 72 Del. Laws, c. 132, §  1;  81 Del. Laws, c. 172, § 1;
18 DE Code § 7504. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 75. Delaware Viatical Settlements Act|§ 7504. License revocation and denial.

§ 7504. License revocation and denial. (a) The Commissioner may refuse to issue, suspend, revoke or refuse to renew the license of a viatical settlement provider or viatical settlement broker if the Commissioner finds any of the following:  (1) There was a material misrepresentation in the application for the license.  (2) The licensee or any officer, partner, member or key management personnel has been convicted of fraudulent or dishonest practices, is subject to a final administrative action, or is otherwise shown to be untrustworthy or incompetent.  (3) The viatical settlement provider demonstrates a pattern of unreasonable payments to viators.  (4) The licensee or any officer, partner, member or key management personnel has been found guilty of, or has pleaded guilty or nolo contendere to, any felony, or to a misdemeanor involving fraud or moral turpitude, regardless of whether a judgment of conviction has been entered by the court.  (5) The viatical settlement provider has entered into any viatical settlement contract that has not been approved pursuant to this Act.  (6) The viatical settlement provider has failed to honor contractual obligations set out in a viatical settlement contract or a viatical settlement purchase agreement.  (7) The licensee no longer meets the requirements for initial licensure.  (8) The viatical settlement provider has assigned, transferred or pledged a viaticated policy to a person other than a viatical settlement provider licensed in this State, a viatical settlement purchaser, an accredited investor or qualified institutional buyer as defined respectively in Rule 501(a) [17 C.F.R. § 230.501(a)] or Rule 144A [17 C.F.R.§ 230.144A] promulgated under the Federal Securities Act of 1933 [15 U.S.C. § 77a et seq.], as amended, financing entity, special purpose entity, or related provider trust.  (9) The licensee or any officer, partner, member or key management personnel has violated any provision of this Act.  (b) The Commissioner may suspend, revoke, or refuse to renew the license of a viatical settlement broker or a life insurance producer operating as a viatical settlement broker pursuant to this Act if the Commissioner finds that the viatical settlement broker or life insurance producer has violated the provisions of this Act or has otherwise engaged in bad faith conduct with 1 or more viators.  (c) If the Commissioner denies a license application or suspends, revokes, or refuses to renew the license of a viatical settlement provider or viatical settlement broker, or suspends, revokes, or refuses to renew a license of a life insurance producer operating as a viatical settlement broker pursuant to this Act, the Commissioner shall conduct a hearing in accordance with §§ 323-327 of this title and Chapter 101 of title 29. 81 Del. Laws, c. 172, § 1;
18 DE Code § 7505. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 75. Delaware Viatical Settlements Act|§ 7505. Approval of viatical settlements contracts and disclosure statements.

§ 7505. Approval of viatical settlements contracts and disclosure statements. A person may not use a viatical settlement contract form or provide to a viator a disclosure statement form in this State unless it is first filed with and approved by the Commissioner. The Commissioner shall disapprove a viatical settlement contract form or disclosure statement form if, in the Commissioner's opinion, the contract or provisions contained therein fail to meet the requirements of §§ 7508, 7510, 7513, and 7514(b) of this title or are unreasonable, contrary to the interests of the public, or otherwise misleading or unfair to the viator. At the Commissioner's discretion, the Commissioner may require the submission of advertising material.  72 Del. Laws, c. 132, §  1;  81 Del. Laws, c. 172, § 1;
18 DE Code § 7506. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 75. Delaware Viatical Settlements Act|§ 7506. Reporting requirements and privacy.

§ 7506. Reporting requirements and privacy. (a) Each viatical settlement provider shall file with the Commissioner on or before March 1 of each year an annual statement containing such information as the Commissioner may prescribe by regulation. Such information is limited to only those transactions where the viator is a resident of this State. Individual transaction data regarding the business of viatical settlements or data that could compromise the privacy of personal, financial, and health information of the viator or insured must be filed with the Commissioner on a confidential basis.  (b) Except as otherwise allowed or required by law, a viatical settlement provider, viatical settlement broker, insurance company, insurance producer, information bureau, rating agency or company, or any other person with actual knowledge of an insured's identity, may not disclose that identity as an insured, or the insured's financial or medical information to any other person unless the disclosure is any of the following:  (1) Necessary to effect a viatical settlement between the viator and a viatical settlement provider and the viator and insured have provided prior written consent to the disclosure. (2) Necessary to effect a viatical settlement purchase agreement between the viatical settlement purchaser and a viatical settlement provider and the viator and insured have provided prior written consent to the disclosure. (3) Provided in response to an investigation or examination by the Commissioner or any other governmental officer or agency or pursuant to the requirements of § 7514(c) of this title. (4) A term of or condition to the transfer of a policy by 1 viatical settlement provider to another viatical settlement provider. (5) Necessary to permit a financing entity, related provider trust, or special purpose entity to finance the purchase of policies by a viatical settlement provider and the viator and insured have provided prior written consent to the disclosure.  (6) Necessary to allow the viatical settlement provider or viatical settlement broker or their authorized representatives to make contacts for the purpose of determining health status.  (7) Required to purchase stop loss coverage or financial guaranty insurance. 72 Del. Laws, c. 132, §  1;  81 Del. Laws, c. 172, § 1;
18 DE Code § 7509. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 75. Delaware Viatical Settlements Act|§ 7509. Disclosure to insurer.

§ 7509. Disclosure to insurer. Prior to the initiation of a plan, transaction, or series of transactions, a viatical settlement broker or viatical settlement provider shall fully disclose to an insurer a plan, transaction, or series of transactions, to which the viatical settlement broker or viatical settlement provider is a party, to originate, renew, continue, or finance a life insurance policy with the insurer for the purpose of engaging in the business of viatical settlements at any time prior to, or during the first 5 years after, issuance of the policy. 81 Del. Laws, c. 172, § 1;
18 DE Code § 7512. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 75. Delaware Viatical Settlements Act|§ 7512. Prohibited practices and conflicts of interest.

§ 7512. Prohibited practices and conflicts of interest. (a) With respect to any viatical settlement contract or insurance policy, a viatical settlement broker may not knowingly solicit an offer from, effectuate a viatical settlement with, or make a sale to any viatical settlement provider, viatical settlement purchaser, financing entity or related provider trust that is controlling, controlled by, or under common control with such viatical settlement broker.  (b) With respect to any viatical settlement contract or insurance policy, no viatical settlement provider knowingly may enter into a viatical settlement contract with a viator, if, in connection with such viatical settlement contract, anything of value will be paid to a viatical settlement broker that is controlling, controlled by, or under common control with such viatical settlement provider or the viatical settlement purchaser, financing entity or related provider trust that is involved in such viatical settlement contract.  (c) A violation of subsection (a) or (b) of this section is a fraudulent viatical settlement act.  (d) A viatical settlement provider may not enter into a viatical settlement contract unless the viatical settlement promotional, advertising and marketing materials, as may be prescribed by regulation, have been filed with the Commissioner. Marketing materials may not expressly reference that the insurance is “free” for any period of time. The inclusion of any reference in the marketing materials that would cause a viator to reasonably believe that the insurance is free for any period of time is a violation of this Act.  (e) A life insurance producer, insurance company, viatical settlement broker, or viatical settlement provider may not make any statement or representation to the applicant or policyholder in connection with the sale or financing of a life insurance policy to the effect that the insurance is free or without cost to the policyholder for any period of time unless provided in the policy. 81 Del. Laws, c. 172, § 1;
18 DE Code § 7516. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 75. Delaware Viatical Settlements Act|§ 7516. Authority to promulgate regulations.

§ 7516. Authority to promulgate regulations. The Commissioner has the authority to:  (1) Promulgate regulations implementing this chapter. (2) Establish standards for evaluating reasonableness of payments under viatical settlement contracts for persons who are terminally or chronically ill. This authority includes regulation of discount rates used to determine the amount paid in exchange for assignment, transfer, sale, devise, or bequest of a benefit under a life insurance policy insuring the life of a person that is chronically or terminally ill. (3) Establish appropriate licensing requirements, fees, and standards for continued licensure for viatical settlement providers and viatical settlement brokers. (4) Require a bond or other mechanism for financial accountability for viatical settlement providers. (5) Adopt rules governing the relationship and responsibilities of both insurers and viatical settlement providers and viatical settlement brokers during the viatication of a life insurance policy or certificate.72 Del. Laws, c. 132, §  1;  81 Del. Laws, c. 172, § 1;  83 Del. Laws, c. 20, § 2;
18 DE Code § 7517. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 75. Delaware Viatical Settlements Act|§ 7517. Unfair trade practices.

§ 7517. Unfair trade practices. A violation of this Act, including the commission of a fraudulent viatical settlement act, is an unfair or deceptive act or practice in the business of insurance under § 2304 of this title, subject to the penalties contained in Chapter 23 of this title. 72 Del. Laws, c. 132, §  1;  81 Del. Laws, c. 172, § 1;
18 DE Code § 7518. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 75. Delaware Viatical Settlements Act|§ 7518. Nonpreemption of requirements under the Delaware Securities Act.

§ 7518. Nonpreemption of requirements under the Delaware Securities Act. Nothing in this chapter preempts any provision set forth in Chapter 73 of Title 6, as amended, including the regulation of securities transactions in viatical settlement investments and the licensing of any person or entity engaged in the sale of securities. 81 Del. Laws, c. 172, § 1;
18 DE Code § 7519. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 75. Delaware Viatical Settlements Act|§ 7519. Severability.

§ 7519. Severability. If any portion of this Act or any amendments thereto, or its applicability to any person or circumstance is held invalid by a court, the remainder of this Act or its applicability to other persons or circumstances are not affected. 81 Del. Laws, c. 172, § 1;