reglab/housing_qa huggingface dataset:
18 DE Code § 7520. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 75. Delaware Viatical Settlements Act|§ 7520. Effective date.

§ 7520. Effective date. A viatical settlement provider or viatical settlement broker transacting business in this State may continue to do so pending approval or disapproval of the provider or broker's application for a license as long as the application is filed with the Commissioner by January 1, 2018. 81 Del. Laws, c. 172, § 1;
18 DE Code § 7602. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 76. Discount Medical Plans|§ 7602. Applicability and scope.

§ 7602. Applicability and scope. (a) This chapter applies to all discount medical plan organizations doing business in Delaware. (b) A discount medical plan organization that is a health carrier licensed pursuant to Chapter 5 of this title, a health service corporation subject to Chapter 63 of this title, or managed care organization subject to Chapter 64 of this title:  (1) Is not required to obtain a license under § 7603 of this title, except that any of its affiliates that operate as a discount medical plan organization in this State shall obtain a license under § 7603 and comply with all other provisions of this chapter; but (2) Is required to comply with §§ 7606, 7607, 7608, 7609, and 7610 of this title and report any of the information described in § 7612 of this title in the form and manner as the Commissioner may require.77 Del. Laws, c. 470, §  1;
18 DE Code § 7604. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 76. Discount Medical Plans|§ 7604. Surety bond or deposit requirements.

§ 7604. Surety bond or deposit requirements. (a) Each licensed discount medical plan organization shall maintain in force a surety bond in its own name in an amount not less than $50,000 to be used in the discretion of the Commissioner to protect the financial interest of members. The amount and form of the surety bond shall be determined by and subject to the approval of the Commissioner. The bond shall be issued by an insurance company licensed to do business in this State. (b) In lieu of the bond specified in subsection (a) of this section, a licensed discount medical plan organization may deposit and maintain deposited with the Commissioner, or at the discretion of the Commissioner, with any organization or trustee acceptable to the Commissioner through which a custodial or controlled account is utilized, cash, securities or any combination of these or other measures that are acceptable to the Commissioner. The assets in the deposit, including assets such as securities which fluctuate in market value, shall be subject at all times to the review and approval of the Commission, who may require that different assets be placed on deposit. (c) All income from a deposit made under subsection (b) of this section shall be an asset of the discount medical plan organization. (d) Except for the Commissioner, the assets or securities held in this State as a deposit under subsection (a) or (b) of this section shall not be subject to levy by a judgment creditor or other claimant of the discount medical plan organization. 77 Del. Laws, c. 470, §  1;
18 DE Code § 7605. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 76. Discount Medical Plans|§ 7605. Examinations and investigations.

§ 7605. Examinations and investigations. (a) The Commissioner may examine or investigate the business and affairs of any discount medical plan organization to protect the interests of the residents of Delaware. (b) An examination or investigation conducted as provided in subsection (a) of this section shall be performed in accordance with the provisions of Chapter 3 of this title, and the Commissioner shall have the authority with respect to examination of discount medical plan organizations as the Commissioner has with respect to insurers under Chapter 3 of this title. (c) The discount medical plan organization or applicant that is the subject of the examination or investigation shall pay the expenses incurred in conducting the examination or investigation. Failure by the discount medical plan organization or applicant to pay the expenses is grounds for denial of a license to operate as a discount medical plan organization or revocation of a license to operate as a discount medical plan organization. 77 Del. Laws, c. 470, §  1;  70 Del. Laws, c. 186, §  1;
18 DE Code § 7606. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 76. Discount Medical Plans|§ 7606. Fees; refund requirements; bundling of services.

§ 7606. Fees; refund requirements; bundling of services. (a) A discount medical plan organization may charge a periodic charge as well as a reasonable 1-time processing fee for a discount medical plan. (b) If a member cancels his or her membership in the discount medical plan organization within the first 30 days after the date of receipt of the written document for the discount medical plan described in § 7610(d) of this title, the member shall receive a reimbursement of all periodic charges upon return of the discount medical plan card to the discount medical plan organization. (1) Cancellation occurs when notice of cancellation is given to the discount medical plan organization. (2) Notice of cancellation is deemed given when delivered by hand or deposited in a mailbox, properly addressed and postage prepaid to the mailing address of the discount medical plan organization or emailed to the email address of the discount medical plan organization. (c) A discount medical plan organization shall return any periodic fee charged or collected after the member has returned the discount medical plan card or given the discount medical plan organization notice of cancellation. (d) If the discount medical plan organization cancels a membership for any reason other than nonpayment of fees by the member, the discount medical plan organization shall make a pro rata reimbursement of all periodic charges to the member. (e) When a marketer or discount medical plan organization sells a discount medical plan in conjunction with any other products, the fees for each discount medical plan shall be provided in writing to the member, unless the entire amount of the periodic charge for the discount medical plan and any other product will be refunded if the member cancels his or her membership in the discount medical plan organization within the first 30 days after the date of receipt of the written document for the discount medical plan as provided in subsection (b) of this section. (f) Any discount medical plan organization that is a health carrier licensed pursuant to Chapter 5 of this title that provides a discount medical plan product that is incidental to an insured product sold to policyholders is not subject to this section. 77 Del. Laws, c. 470, §  1;  70 Del. Laws, c. 186, §  1;
18 DE Code § 7607. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 76. Discount Medical Plans|§ 7607. Form filing requirements.

§ 7607. Form filing requirements. A discount medical plan organization shall file the initial written materials sent to new members, as described under § 7610(d) of this title, with the Delaware Insurance Commissioner prior to use. If a discount medical plan organization uses a form template for marketers, filing of the template form shall be acceptable. 77 Del. Laws, c. 470, §  1;
18 DE Code § 7608. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 76. Discount Medical Plans|§ 7608. Provider agreements; provider listing requirements.

§ 7608. Provider agreements; provider listing requirements. (a) A discount medical plan organization shall have a written provider agreement with all providers offering medical or ancillary services to its members. The written provider agreement may be entered into directly with the provider or indirectly with a provider network to which the provider belongs. A provider agreement between a discount medical plan organization and a provider shall provide the following:  (1) A list of the medical or ancillary services and products to be provided at a discount; (2) The amount or amounts of the discounts or, alternatively, a fee schedule that reflects the provider's discounted rates; and (3) That the provider will not charge members more than the discounted rates. (b) A provider agreement between a discount medical plan organization and a provider network shall require that the provider network have written agreements with its providers that:  (1) Contain the provisions described in paragraph (a)(2) of this section; (2) Authorize the provider network to contract with the discount medical plan organization on behalf of the provider; and (3) Require the provider network to maintain an up-to-date list of its contracted providers and to provide the list on a monthly basis to the discount medical plan organization. (c) A provider agreement between a discount medical plan organization and an entity that contracts with a provider network shall require that the entity, in its contract with the provider network, require the provider network to have written agreements with its providers that comply with paragraph (b)(3) of this section. (d) The discount medical plan organization shall maintain a copy of each active provider agreement into which it has entered. (e) Each discount medical plan organization shall maintain on an Internet website page an up-to-date list of the names and addresses of the providers with which it has contracted directly or through a provider network. The Internet website address shall be prominently displayed on all of its advertisements, marketing materials, brochures and discount medical plan cards. This subsection applies to those providers with which the discount medical plan organization has contracted with directly as well as those providers that are members of a provider network with which the discount medical plan organization has contracted. 77 Del. Laws, c. 470, §  1;
18 DE Code § 7609. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 76. Discount Medical Plans|§ 7609. Marketing requirements.

§ 7609. Marketing requirements. (a) A discount medical plan organization may market directly or contract with other marketers for the distribution of its product. (b) The discount medical plan organization shall have an executed written agreement with a marketer prior to the marketer's marketing, promoting, selling or distributing the discount medical plan. The agreement between the discount medical plan organization and the marketer shall prohibit the marketer from using advertising, marketing materials, brochures and discount medical plan cards without the discount medical plan organization's approval in writing. The discount medical plan organization shall be bound by and responsible for the activities of a marketer that are within the scope of the marketer's agency relationship with the organization. A discount medical plan organization shall approve in writing all advertisements, marketing materials, brochures and discount cards used by marketers to market, promote, sell or distribute the discount medical plan prior to their use. A discount medical plan organization shall promptly submit to the Commissioner all advertising, marketing materials and brochures regarding a discount medical plan. 77 Del. Laws, c. 470, §  1;
18 DE Code § 7611. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 76. Discount Medical Plans|§ 7611. Notice of change in name or address.

§ 7611. Notice of change in name or address. Each discount medical plan organization shall provide the Commissioner at least 30 days notice of any change in the discount medical plan organization's name, address, principal business address or mailing address or Internet website address. 77 Del. Laws, c. 470, §  1;
18 DE Code § 7612. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 76. Discount Medical Plans|§ 7612. Annual reports.

§ 7612. Annual reports. (a) If the information required in subsection (b) of this section is not provided at the time of renewal of a license under § 7603(e) of this title, a discount medical plan organization shall file an annual report with the Commissioner in the form prescribed by the Commissioner, within 3 months after the end of each calendar year. (b) The report shall include:  (1) If different from the initial application for a license or at the time of renewal of a license or the last annual report, as appropriate, a list of the names and residence addresses of all persons responsible for the conduct of the organization's affairs, together with a disclosure of the extent and nature of any contracts or arrangements with these persons and the discount medical plan organization, including any possible conflicts of interest; (2) The number of discount medical plan members in the State; (3) The discount medical plan's most recent audited financial statement and most current unaudited financial statement; and (4) Any other information relating to the performance of the discount medical plan organization that may be required by the Commissioner. (c) Any discount medical plan organization that fails to file an annual report in the form and within the time required by this section shall:  (1) Forfeit:  a. Up to $500 each day for the first 10 days during which the violation continues; and b. Up to $1,000 each day after the first 10 days during which the violation continues; and (2) Upon notice by the Commissioner, lose its authority to enroll new members or to do business in this State while the violation continues.77 Del. Laws, c. 470, §  1;
18 DE Code § 7613. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 76. Discount Medical Plans|§ 7613. Penalties.

§ 7613. Penalties. Section 329 and Chapter 24 of this title, relating to administrative penalties and fraud, shall apply to discount medical plan organizations. 77 Del. Laws, c. 470, §  1;
18 DE Code § 7614. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 76. Discount Medical Plans|§ 7614. Injunctions.

§ 7614. Injunctions. (a) In addition to the penalties and other enforcement provisions of this chapter, the Commissioner may seek both temporary and permanent injunctive relief when:  (1) A discount medical plan is being operated by a person or entity that is not licensed pursuant to this chapter; or (2) Any person, entity or discount medical plan organization has engaged in any activity prohibited by this chapter or any regulation adopted pursuant to this chapter. (b) The venue for any proceeding brought pursuant to this section shall be in the Delaware Court of Chancery. (c) The Commissioner's authority to seek injunctive relief is not conditioned on having conducted any proceeding pursuant to Chapter 101 of Title 29. 77 Del. Laws, c. 470, §  1;
18 DE Code § 8001. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 80. Risk Retention Act|§ 8001. Purpose.

§ 8001. Purpose. The purpose of this chapter is to regulate the formation and/or operation of risk retention groups and purchasing groups in this State formed pursuant to the provisions of the federal Liability Risk Retention Act of 1986 (“RRA 1986”) [15 U.S.C. § 3901 et seq.], to the extent permitted by such law. 68 Del. Laws, c. 57, §  1;
18 DE Code § 8005. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 80. Risk Retention Act|§ 8005. Compulsory associations.

§ 8005. Compulsory associations. (a) No risk retention group shall be required or permitted to join or contribute financially to any insurance insolvency guaranty fund, or similar mechanism, in this State, nor shall any risk retention group, or its insureds or claimants against its insureds, receive any benefit from any such fund for claims arising under the insurance policies issued by such risk retention group. (b) When a purchasing group obtains insurance covering its members' risks from an insurer not authorized in this State or a risk retention group, no such risks, wherever resident or located, shall be covered by any insurance guaranty fund or similar mechanism in this State. (c) When a purchasing group obtains insurance covering its members' risks from an authorized insurer, only risks resident or located in this State shall be covered by the State Guaranty Fund subject to Chapter 42 of this title. 68 Del. Laws, c. 57, §  1;  68 Del. Laws, c. 335, §  4;
18 DE Code § 8006. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 80. Risk Retention Act|§ 8006. Countersignatures not required.

§ 8006. Countersignatures not required. A policy of insurance issued to a risk retention group or any member of that group shall not be required to be countersigned as otherwise provided in Chapter 17 of this title. 68 Del. Laws, c. 57, §  1;
18 DE Code § 8007. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 80. Risk Retention Act|§ 8007. Purchasing groups — Exemption from certain laws.

§ 8007. Purchasing groups — Exemption from certain laws. A purchasing group and its insurer or insurers shall be subject to all applicable laws of this State, except that a purchasing group and its insurer or insurers shall be exempt, in regard to liability insurance for the purchasing group, from any law that would:  (1) Prohibit the establishment of a purchasing group; (2) Make it unlawful for an insurer to provide or offer to provide insurance on a basis providing, to a purchasing group or its members, advantages based on their loss and expense experience not afforded to other persons with respect to rates, policy forms, coverages or other matters; (3) Prohibit a purchasing group or its members from purchasing insurance on a group basis described in paragraph (2) of this section; (4) Prohibit a purchasing group from obtaining insurance on a group basis because the group has not been in existence for a minimum period of time or because any member has not belonged to the group for a minimum period of time; (5) Require that a purchasing group must have a minimum number of members, common ownership or affiliation, or certain legal form; (6) Require that a certain percentage of a purchasing group must obtain insurance on a group basis; (7) Otherwise discriminate against a purchasing group or any of its members; or (8) Require that any insurance policy issued to a purchasing group or any of its members be countersigned by an insurance agent or broker residing in this State.68 Del. Laws, c. 57, §  1;
18 DE Code § 8008. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 80. Risk Retention Act|§ 8008. Notice and registration requirements of purchasing groups.

§ 8008. Notice and registration requirements of purchasing groups. (a) A purchasing group which intends to do business in this State shall, prior to doing business, furnish notice to the Commissioner which shall:  (1) Identify the state in which the group is domiciled; (2) Identify all other states in which the group intends to do business; (3) Specify the lines and classifications of liability insurance which the purchasing group intends to purchase; (4) Identify the insurance company or companies from which the group intends to purchase its insurance and the domicile of such company; (5) Specify the method by which, and the person or persons, if any, through whom insurance will be offered to its members whose risks are resident or located in this State; (6) Identify the principal place of business of the group; and (7) Provide such other information as may be required by the Commissioner to verify that the purchasing group is qualified under § 8002(10) of this title. (b) A purchasing group shall, within 10 days, notify the Commissioner of any changes in any of the items set forth in subsection (a) of this section. (c) The purchasing group shall register with and designate the Commissioner as its agent solely for the purpose of receiving service of legal documents or process, for which a filing fee shall be determined by the Commissioner, except that such requirements shall not apply in the case of a purchasing group which only purchases insurance that was authorized under the federal Product Liability Risk Retention Act of 1981 [15 U.S.C. § 3901 et seq.], and:  (1) Which in any state of the United States:  a. Was domiciled before April 1, 1986; and b. Is domiciled on and after October 27, 1986; (2) Which:  a. Before October 27, 1986, purchased insurance from an insurance carrier licensed in any state; and b. Since October 27, 1986, purchased its insurance from an insurance carrier licensed in any state; or (3) Which was a purchasing group under the requirements of the federal Product Liability Risk Retention Act of 1981 [15 U.S.C. § 3901 et seq.] before October 27, 1986. (d) Each purchasing group that is required to give notice pursuant to subsection (a) of this section shall also furnish such information as may be required by the Commissioner to:  (1) Verify that the entity qualifies as a purchasing group; (2) Determine where the purchasing group is located; and (3) Determine appropriate tax treatment. (e) Any purchasing group which was doing business in this State prior to June 25, 1991, shall, within 30 days after June 25, 1991, furnish notice to the Commissioner pursuant to subsection (a) of this section and furnish such information as may be required pursuant to subsections (b) and (c) of this section. 68 Del. Laws, c. 57, §  1;
18 DE Code § 8009. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 80. Risk Retention Act|§ 8009. Restrictions on insurance purchased by purchasing groups.

§ 8009. Restrictions on insurance purchased by purchasing groups. (a) A purchasing group may not purchase insurance from a risk retention group that is not chartered in a state or from an insurer not admitted in the state in which the purchasing group is located, unless the purchase is effected through a licensed agent or broker acting pursuant to the surplus lines laws and regulations of such state. (b) A purchasing group which obtains liability insurance from an insurer not admitted in this State or a risk retention group shall inform each of the members of such group which have a risk resident or located in this State that such risk is not protected by an insurance insolvency guaranty fund in this State, and that such risk retention group or such insurer may not be subject to all insurance laws and regulations of this State. (c) No purchasing group may purchase insurance providing for a deductible or self-insured retention applicable to the group as a whole; however, coverage may provide for a deductible or self-insured retention applicable to individual members. (d) Purchases of insurance by purchasing groups are subject to the same standards regarding aggregate limits which are applicable to all purchases of group insurance. 68 Del. Laws, c. 57, §  1;
18 DE Code § 8010. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 80. Risk Retention Act|§ 8010. Purchasing group taxation.

§ 8010. Purchasing group taxation. Premium taxes and taxes on premiums paid for coverage of risks resident or located in this State by a purchasing group or any members of the purchasing groups shall be:  (1) Imposed at the same rate and subject to the same interest, fines and penalties as that applicable to premium taxes and taxes on premiums paid for similar coverage from a similar insurance source by other insureds; and (2) Paid first by such insurance source, and if not by such source by the agent or broker for the purchasing group, and if not by such agent or broker then by the purchasing group, and if not by such purchasing group then by each of its members.68 Del. Laws, c. 57, §  1;