reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 18 - Insurance Code › Chapter 65. INSURANCE FOR THE PROTECTION OF THE STATE › Subchapter III. Self-Insurance › § 6541. Inspections of insured property.

§ 6541. Inspections of insured property.
The Insurance Coverage Office shall have available to it the services of the State Fire Marshal and the State Fire Marshal's deputies for the purpose of inspecting self-insured real and personal property of the State, and may call upon the Fire Marshal and State Fire Marshal's deputies to conduct such inspections of such property as are reasonable and necessary to determine the risk involved in insuring same and to provide the basis for requests or suggestions as to how undesirable hazards may be corrected; and the Fire Marshal and the State Fire Marshal's deputies shall cooperate with the Insurance Coverage Office in this regard, conducting such investigations as are requested and reporting the results thereof to the Insurance Coverage Office together with such recommendations as the investigator shall deem to be appropriate.
All state agencies, officials and employees will render full cooperation to the Fire Marshal and the Insurance Coverage Office in these matters and shall promptly correct such hazards as are found to exist, and failure to do so shall be referred to the Secretary of the Department of Human Resources by the Insurance Coverage Office for such remedial executive action as the Governor shall deem appropriate.
18 Del. C. 1953, §  6538;  57 Del. Laws, c. 187, §  2;  70 Del. Laws, c. 186, §  1;  79 Del. Laws, c. 286, §  20;  81 Del. Laws, c. 66, § 18;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 65. INSURANCE FOR THE PROTECTION OF THE STATE › Subchapter III. Self-Insurance › § 6542. Independent contractors.

§ 6542. Independent contractors.
The Administrator shall first employ all resources available in the Insurance Coverage Office, the Insurance Department, the office of the State Fire Marshal, the Justice Department, and the Auditor's Office before retaining independent contractors, but in the event that special expertise is required for the performance of the Administrator's duties not otherwise available or not readily available to the Administrator when required, then the Administrator is authorized and directed to contract for the services of such independent contractors as shall be best equipped to render such services, including, but not limited to, accountants, actuaries, claims adjusters and investigators, attorneys and engineers, which contracts shall be on an ad hoc or per case basis, and for which the Administrator is authorized to make payment by drafts upon the Fund as an administrative expense of the Fund.
18 Del. C. 1953, §  6539;  57 Del. Laws, c. 187, §  2;  70 Del. Laws, c. 186, §  1;  79 Del. Laws, c. 286, §  21;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 65. INSURANCE FOR THE PROTECTION OF THE STATE › Subchapter III. Self-Insurance › § 6543. Fidelity bonds.

§ 6543. Fidelity bonds.
In the event that the Committee determines and declares it advisable to self-insure the statutory required fidelity bonds of the officials and/or employees of the State or its herein covered subdivisions, and establishes a self-insurance program in that regard, then those provisions of the several statutes of this State requiring that such bonds be with corporate surety are superseded as to such bonds as are covered by such self-insurance program to the extent that said statutes required corporate surety.
18 Del. C. 1953, §  6540;  57 Del. Laws, c. 187, §  2;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 66. LINE-OF-DUTY DEATH BENEFITS › § 6603. Designation or determination of beneficiary [For application of this section, see 79 Del. Laws, c. 434, § 3].

§ 6603. Designation or determination of beneficiary [For application of this section, see 79 Del. Laws, c. 434, § 3].
(a) Each covered person under this chapter shall submit to the person's employing state, county or municipal agency, volunteer fire department or ambulance operator, the name of the beneficiary or beneficiaries and alternate beneficiaries such covered persons wish to receive the payment provided for by § 6602(a)(1) of this title. Beneficiary designation will be submitted to the Insurance Commissioner with the submission of any claim. The covered person may designate that any payment shall be divided among 2 or more beneficiaries as provided by this subsection in any proportion. Only the spouse, children or parents of a covered person shall be eligible beneficiaries to receive payment under § 6602(a)(1) of this title. Should a designated beneficiary or beneficiaries be dead or ineligible, then eligible alternate beneficiaries shall take hereunder in the order indicated by the covered person. Should a covered person not designate a primary or alternate beneficiary or beneficiaries, the following in the order of position of eligibility shall receive the payment:
(1) Spouse, if alive, if not;
(2) Living children, the sum to be divided among the living children equally;
(3) Parents, each parent to take 50 percent if both are living.
(b) Each covered person, as defined in § 6601(2)a., b. or f. of this title, shall, if § 6602(a)(1) of this title and subsection (a) of this section do not apply, submit to such person's employing state, county or municipal agency, volunteer fire department or ambulance operator, the name of the beneficiary or beneficiaries such covered person wishes to receive the payment provided for by § 6602(a)(3) of this title. Beneficiary designations will be submitted to the Insurance Commissioner with the submission of any claim. Only the living parents of such covered person shall be eligible beneficiaries to receive payment under § 6602(a)(3) of this title. The covered person may designate that any payment shall be divided among 2 eligible beneficiaries in any proportion. Should a designated beneficiary be dead, then eligible alternate beneficiaries shall take hereunder as indicated by the covered person. Should the covered person not designate a primary or alternate eligible beneficiary or beneficiaries, the living parents, shall receive the payment, which shall be divided between the living parents equally.
(c) Payments under § 6602(a)(1) of this title in accordance with subsection (a) of this section shall take priority. Any payments pursuant to § 6602(a)(1) of this title and subsection (a) of this section shall preclude the applicability of § 6602(a)(3) of this title and subsection (b) of this section.
18 Del. C. 1953, §  6603;  58 Del. Laws, c. 504, §  1;  63 Del. Laws, c. 71, §  4;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 213, §  2;  79 Del. Laws, c. 434, §  2;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 66. LINE-OF-DUTY DEATH BENEFITS › § 6604. Records of agencies.

§ 6604. Records of agencies.
Every county and local police agency, volunteer and municipal fire department, the Department of Health and Social Services, the National Guard, the Department of Safety and Homeland Security and every organization providing voluntary ambulance service for the public shall, by July 1, 1972, record the names of all members of their organizations who are currently eligible for coverage under this chapter. These organizations shall make appropriate changes to their records when any person not previously eligible becomes eligible, and when 1 previously eligible becomes ineligible. The records will be subject to audit by the Insurance Commissioner.
18 Del. C. 1953, §  6604;  58 Del. Laws, c. 504, §  1;  74 Del. Laws, c. 110, §  138;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 66. LINE-OF-DUTY DEATH BENEFITS › § 6605. Administration of Fund; adjudication of claims.

§ 6605. Administration of Fund; adjudication of claims.
(a) The Insurance Commissioner shall administer the Fund created under this chapter and shall receive claims against the Fund. The Commissioner shall determine the validity of all such claims and determine whether a death resulting in any such claim was in the line of duty under terms set forth in § 6601 of this title. In making such determinations, the Commissioner may seek the guidance of the Attorney General. The Commissioner shall hold a hearing on every claim, at which hearing the claimant may be represented by counsel. The Commissioner shall, at the hearing, receive evidence, make findings, and render a decision. The Commissioner shall have the power to subpoena witnesses and records and administer oaths and shall keep a written or taped record of all testimony given before him or her. The Commissioner shall state, in writing, his or her findings and the reasons for his or her decision.
(b) The Commissioner may issue regulations governing the submission, processing and adjudication of claims, including regulations governing hearings before him or her.
18 Del. C. 1953, §  6605;  58 Del. Laws, c. 504, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 66. LINE-OF-DUTY DEATH BENEFITS › § 6606. Appeals.

§ 6606. Appeals.
Any aggrieved claimant may appeal a decision of the Insurance Commissioner to Superior Court, which shall have final appellate jurisdiction under this chapter. Such appeal shall be an appeal on the record. Superior Court may, by rule, set forth the procedure for processing appeals under this chapter.
18 Del. C. 1953, §  6606;  58 Del. Laws, c. 504, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 66. LINE-OF-DUTY DEATH BENEFITS › § 6608. Source of payments under this chapter.

§ 6608. Source of payments under this chapter.
Payments made pursuant to this chapter shall be made from the State Self-Insurance Fund, as provided in Chapter 65 of this title. The General Assembly shall, when necessary, from time to time, provide for the adequate funding to the said Self-Insurance Fund to cover claims under this chapter.
18 Del. C. 1953, §  6608;  58 Del. Laws, c. 504, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 66. LINE-OF-DUTY DEATH BENEFITS › § 6609. Tax exemption for payments.

§ 6609. Tax exemption for payments.
Payments made under this chapter to a beneficiary shall not be subject to Delaware income taxes or Delaware estate taxes.
18 Del. C. 1953, §  6609;  58 Del. Laws, c. 504, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 67. LINE-OF-DUTY DISABILITY BENEFITS TO COVERED FIREFIGHTERS › § 6701. Definitions.

§ 6701. Definitions.
As used in this chapter, the following words and terms have the following meanings:
(1) “Covered firefighters” shall mean enrolled firefighters, ladies auxiliary members, and volunteer ambulance and rescue company members in good standing either according to the rules of their Delaware volunteer fire company or association or through their assignment to a municipal fire company. The use of the masculine gender throughout this chapter in referring to “covered firemen” shall also include the feminine gender where applicable.
(2) “Line of duty,” with respect to enrolled firefighters, ladies auxiliary members and volunteer ambulance and rescue company members as defined in paragraph (1) of this section, shall mean while traveling to, performing their assigned duties or returning from, a fire alarm, rescue operation or any other emergency volunteer fire company action; provided, however, that the phrases “traveling to” and “returning from” shall include the time encompassed by the firefighter's, ladies auxiliary members' or volunteer ambulance and rescue company members' entrance into their personal vehicle or company emergency vehicle in response to the alarm or emergency call until their first disembarkation from their personal vehicle at their home, place of employment or other location.
(3) “Permanent disability” shall mean a permanent physical condition arising out of and in the course of actions in the line of duty, but shall not include permanent disability from an injury or disease, which, although aggravated in the line of duty, was not originally sustained in the line of duty; provided, however, that said permanent disability must be sufficient to disable the covered firefighter so that the firefighter is unable to do the work normally required for the job or employment which he or she held at the time he or she was disabled.
59 Del. Laws, c. 484, §  1;  63 Del. Laws, c. 450, §§  1, 2;  67 Del. Laws, c. 53, §§  1, 2;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 67. LINE-OF-DUTY DISABILITY BENEFITS TO COVERED FIREFIGHTERS › § 6702. Payment of benefits.

§ 6702. Payment of benefits.
Upon certification by the Commissioner that a claim under this chapter has been approved, the State Treasurer shall pay to a covered firefighter who has been permanently disabled in the line of duty, a benefit of $500 per month, plus $50 per month for each child under the age of 18 years, for so long as such shall remain.
59 Del. Laws, c. 484, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 67. LINE-OF-DUTY DISABILITY BENEFITS TO COVERED FIREFIGHTERS › § 6703. Physical examinations.

§ 6703. Physical examinations.
No firefighter shall receive disability benefits under this chapter until he or she has been examined by a duly qualified physician or surgeon, selected by the firefighter or, if not selected by the firefighter, selected by the Commissioner for that purpose. If the firefighter is found to be permanently disabled, he or she shall be entitled to present a claim to the Commissioner. The examining doctor shall prepare a written report which shall be submitted to the Commissioner and shall be part of the records. Any firefighter receiving benefits under this chapter shall be examined periodically by a duly qualified physician or surgeon as required by the Commissioner to determine if such disability has ceased to exist.
59 Del. Laws, c. 484, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 67. LINE-OF-DUTY DISABILITY BENEFITS TO COVERED FIREFIGHTERS › § 6704. Adjudication of claims.

§ 6704. Adjudication of claims.
(a) The Commissioner shall receive claims for disability benefits under this chapter. The Commissioner shall determine the validity of all such claims and determine whether a disability resulting in any such claim was in the line of duty under the terms set forth in § 6701 of this title. In making such determinations, the Commissioner may seek the guidance of the Attorney General. The Commissioner shall hold a hearing on every claim, at which hearing the claimant may be represented by counsel. The Commissioner shall, at the hearing, receive evidence, make findings and render a decision. The Commissioner shall have the power to subpoena witnesses and records and administer oaths and shall keep a written or taped record of all testimony given. The Commissioner shall state, in writing, the findings and the reasons for the decision.
(b) The Commissioner shall issue regulations governing the submission, processing, and adjudication of claims, including regulations governing hearings before him or her.
(c) The Commissioner shall make available the necessary forms for processing claims.
(d) The Commissioner shall insure that on the claim forms supplied to the applicant are spaces wherein the president and company chief, or any other 2 officers designated by the fire company, may, by oath or affirmation, depose the following:
“I, ________________________________(name of officer), do hereby swear/affirm that ________________________________(name of applicant), a member in good standing of the ________________________________ Volunteer Fire Company, did sustain the injury or disease listed herein as the cause of the permanent disability claim, in the circumstances and on the date herein set forth.
________________ (signed) ________________________________
________________________________________________(Title of Officer) ”
Notwithstanding this section, the Insurance Commissioner may consider the submission of the above oath or affirmation as meeting the requirements for a hearing on every claim.
59 Del. Laws, c. 484, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 67. LINE-OF-DUTY DISABILITY BENEFITS TO COVERED FIREFIGHTERS › § 6705. Appeals.

§ 6705. Appeals.
Any aggrieved claimant may appeal a decision of the Commissioner to Superior Court, which shall have final jurisdiction under this chapter. Such appeal shall be an appeal on the record. The Superior Court may, by rule, set forth the procedure for processing appeals under this chapter.
59 Del. Laws, c. 484, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 67. LINE-OF-DUTY DISABILITY BENEFITS TO COVERED FIREFIGHTERS › § 6706. Payments to be diminished by amounts of other benefits.

§ 6706. Payments to be diminished by amounts of other benefits.
If any claimant under this chapter is entitled to receive, as a result of the same disability in the line of duty which gave rise to a claim under this chapter, any payment of state, federal, county or municipal funds or insurance proceeds from a policy paid entirely by the state, federal, county or municipal government in the form of a disability benefit, other than that provided for under this chapter, the payment pursuant to this chapter shall be reduced by the amount of such other payment or payments to which the claimant is entitled.
59 Del. Laws, c. 484, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 67. LINE-OF-DUTY DISABILITY BENEFITS TO COVERED FIREFIGHTERS › § 6707. Source of payments under this chapter.

§ 6707. Source of payments under this chapter.
Payments made pursuant to this chapter shall be made from the State Self-Insurance Fund, as provided in Chapter 65 of this title. The General Assembly shall, when necessary, from time to time, provide for the adequate funding to the said Self-Insurance Fund to cover claims under this chapter.
59 Del. Laws, c. 484, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 67. LINE-OF-DUTY DISABILITY BENEFITS TO COVERED FIREFIGHTERS › § 6708. Exemption from tax and execution.

§ 6708. Exemption from tax and execution.
Payments made for permanent disability under this chapter are hereby exempted from any state, county or municipal tax and shall not be subject to execution or attachment or to any legal process whatsoever and shall be unassignable.
59 Del. Laws, c. 484, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 67A. VOLUNTEER FIREFIGHTERS — FUNERAL EXPENSES › § 6750. Funeral expenses for deceased volunteer firefighters.

§ 6750. Funeral expenses for deceased volunteer firefighters.
The reasonable funeral expenses of a deceased member of a volunteer fire company, volunteer fire company ladies auxiliary or volunteer ambulance and rescue company shall be paid in amount not to exceed $7,000. If the deceased member of such company was a state employee entitled to a funeral benefit, this chapter shall not apply. A member of a volunteer fire company, volunteer fire company ladies auxiliary or volunteer ambulance and rescue company for the purposes of this chapter is one who has served as an active member of such organization in Delaware for at least 10 years.
64 Del. Laws, c. 474, §  1;  67 Del. Laws, c. 176, §  1;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 284, §  1;  74 Del. Laws, c. 339, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 67B. Line-of-Duty Disability Policies for Certain Emergency Responders › § 6702B. Benefits.

§ 6702B. Benefits.
A policy shall be purchased by the Insurance Coverage Office on behalf of those who are eligible under § 6703B of this title for the following benefits. Lump sum cash benefit payable after diagnosis from a covered condition as follows:
(1) Early-stage cancer benefit — $5,000.
(2) Advanced-stage cancer benefit — $20,000.
a. The combined total of all lump sum benefits received during a member's lifetime shall not exceed $40,000.
b. Monthly disability benefits for a period not to exceed 36 months, payable after diagnosis of a covered condition as follows:
1. Class 1 shall be all paid service members who are “active.”
A. The lesser of 60% of monthly salary or $4,000.
B. Such monthly benefit shall be subordinate to any other benefit actually paid to the member solely for such disability from any other source and shall be limited to the difference between the amount of such other paid benefit and the amount specified herein.
2. Class 2 shall be all personnel as described in § 6703B(a) of this title who do not meet the requirement of Class 1.
A. $1,500 per month.
B. Such monthly benefit shall be subordinate to any other benefit actually paid to the member solely for such disability from any other source, not including private insurance purchased solely by the member, and shall be limited to the difference between the amount of such other paid benefit and the amount specified herein.
83 Del. Laws, c. 123, § 1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 67B. Line-of-Duty Disability Policies for Certain Emergency Responders › § 6703B. Eligibility.

§ 6703B. Eligibility.
(a) A volunteer or paid firefighter, EMT, paramedic, fire instructor, fire marshal, and fire police will be eligible for coverage under this provision after 3 years of active service.
(b) Any person who was simultaneously a member of more than 1 class at the time of diagnosis shall not be entitled to receive benefits from, or on behalf of, more than 1 such class but is entitled to the higher of the 2 classes.
(c) A covered member of class 1 or class 2 of this provision shall remain eligible for benefits pursuant to § 6702B of this title for 60 months after the formal cessation of the member's status as an active volunteer firefighter, paid firefighter, EMT, paramedic, fire instructor, fire marshal, or fire police.
83 Del. Laws, c. 123, § 1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 67B. Line-of-Duty Disability Policies for Certain Emergency Responders › § 6704B. Adjudication of claims.

§ 6704B. Adjudication of claims.
Claims shall be filed with the insurer by the eligible volunteer or paid firefighter, EMT, paramedic, fire instructor, fire marshal, or fire police covered individual, representative, or estate.
83 Del. Laws, c. 123, § 1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 67B. Line-of-Duty Disability Policies for Certain Emergency Responders › § 6705B. Appeals.

§ 6705B. Appeals.
Any aggrieved claimant may appeal a decision to the Department of Insurance. The Commissioner may hold a hearing on those claims at which time the Commissioner may receive evidence, make findings, and render a decision. If the claimant is not satisfied with the decision of the Commissioner, the claimant may appeal the decision to the Superior Court, which shall have final appellate jurisdiction under this chapter. Such appeal shall be an appeal on the record. Superior Court may, by rule, set forth the procedure for processing appeals under this chapter.
83 Del. Laws, c. 123, § 1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 67B. Line-of-Duty Disability Policies for Certain Emergency Responders › § 6706B. Payments to be diminished by amounts of other benefits.

§ 6706B. Payments to be diminished by amounts of other benefits.
If any claimant under the policy is entitled to receive, as a result of a covered disability, any other income, the payment pursuant to the policy shall be reduced by the amount of such other payment or payments to which the claimant is entitled.
83 Del. Laws, c. 123, § 1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 67B. Line-of-Duty Disability Policies for Certain Emergency Responders › § 6707B. Source of funding and administration of such policy.

§ 6707B. Source of funding and administration of such policy.
(a) Administration of this policy and funding will be through the Insurance Coverage Office. A separate budget line will be established in which the funds will be transferred from the State Treasurer to the Insurance Coverage Office, pursuant to § 705(f) of this title, who will be responsible for paying the premium for the policy. In any policy year, should the amounts transferred pursuant to § 705(f) of this title be insufficient to fund the premium for the policy, the Fund as defined in § 6501 of this title will make up the short fall.
(b) The Insurance Coverage Office will submit a copy of a quarterly stewardship report to the State Fire Commission and the Department of Insurance for their review.
83 Del. Laws, c. 123, § 1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 67B. Line-of-Duty Disability Policies for Certain Emergency Responders › § 6708B. Exemption from tax and execution.

§ 6708B. Exemption from tax and execution.
Benefits payable under the policy are hereby exempted from any state, county, or municipal tax and shall not be subject to execution or attachment or to any legal process whatsoever and shall be unassignable.
83 Del. Laws, c. 123, § 1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 67B. Line-of-Duty Disability Policies for Certain Emergency Responders › § 6709B. Statute of limitation

§ 6709B. Statute of limitation
A claimant shall not bring forth a claim or action after 2 years following the time the claimant was diagnosed with a qualifying cancer as defined in § 6701B of this title.
83 Del. Laws, c. 123, § 1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 68. HEALTH-CARE MEDICAL NEGLIGENCE INSURANCE AND LITIGATION › Subchapter II. Jurisdiction of the Superior Court › § 6802. Jurisdiction of the Superior Court.

§ 6802. Jurisdiction of the Superior Court.
(a) The Superior Court of the State shall have exclusive jurisdiction of civil actions alleging health care medical negligence.
(b) In any civil action alleging medical negligence at any time after the filing of an answer or any motion filed in lieu thereof, any party shall have the right to convene a medical negligence review panel as herein provided by filing a demand therefor with the Prothonotary, all parties and the Commissioner, and the Commissioner shall promptly convene such panel upon such demand, provided that the Court may postpone the convening of such panel for good cause shown by any party.
60 Del. Laws, c. 373, §  1;  71 Del. Laws, c. 373, §  3;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 68. HEALTH-CARE MEDICAL NEGLIGENCE INSURANCE AND LITIGATION › Subchapter III. Medical Negligence Review Panels › § 6803. Establishment of medical negligence review panels; purpose.

§ 6803. Establishment of medical negligence review panels; purpose.
Medical negligence review panels are hereby provided for to the extent necessary to carry out this chapter.
60 Del. Laws, c. 373, §  1;  71 Del. Laws, c. 373, §  3;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 68. HEALTH-CARE MEDICAL NEGLIGENCE INSURANCE AND LITIGATION › Subchapter III. Medical Negligence Review Panels › § 6804. Composition of panels; chairperson.

§ 6804. Composition of panels; chairperson.
(a) Each medical negligence review panel convened in an action shall be composed of 5 voting members and shall include 2 health-care provider members, at least 1 of whom shall be a physician, and the other 1 of whom shall be, if available, from 1 of the health care disciplines involved in such action, 1 attorney and 2 lay persons who are not health-care providers nor licensed to practice law nor associated with the insurance industry. The attorney member shall act as chairperson of the panel and shall preside at all meetings.
(b) The Commissioner shall also designate 1 member of the Commissioner's staff who shall sit as a nonvoting ex officio member of the panel and who shall have custody of and responsibility for the keeping of all evidence, records and related material used by the panel.
60 Del. Laws, c. 373, §  1;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 373, §  3;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 68. HEALTH-CARE MEDICAL NEGLIGENCE INSURANCE AND LITIGATION › Subchapter III. Medical Negligence Review Panels › § 6805. Method of selection of panel members.

§ 6805. Method of selection of panel members.
The members of each medical negligence review panel shall be selected in the following manner:
(1) The Commissioner shall compile, and keep current, 3 separate lists as follows:
a. A list of all physicians engaged for not less than 3 years in the active practice of medicine in the State and who hold a license to practice medicine and surgery;
b. A list of all of the attorneys engaged for not less than 3 years in the active practice of law in this State and who are admitted to the Bar of this State; and
c. A list of 100 objective and judicious persons of appropriate education and experience residing in this State who are neither health-care providers nor licensed to practice law in this State, nor associated with the insurance industry, who in the Commissioner's opinion would be appropriate to serve as lay members of medical negligence review panels.
The Commissioner shall compile such additional lists of other categories of health-care providers as may be appropriate.
(2) The parties may agree upon 1 or more members from each of the lists to constitute the medical negligence review panel.
(3) In the event that the parties shall not agree upon the selection of any 1 or more members, such members shall be selected by the Commissioner by lot from the appropriate list. As to each list from which selection is made by lot, each party shall have 3 peremptory challenges to such selections.
(4) Members selected by agreement or by lot shall be designated by the Commissioner to serve unless disqualified by reason of close relationship with or personal bias toward any party to the action.
(5) Any member from any category so selected to serve shall serve upon the panel unless for good cause shown he or she is excused by the Court. The Court shall excuse a member from any category from serving only if it finds, on the basis of facts set forth in an affidavit submitted by such member, that such service would constitute an unreasonable burden, undue hardship or that such service would give rise to a conflict of interest.
(6) A party to the proceeding before the medical negligence review panel may also challenge any member so selected by submitting an affidavit to the Court setting forth the facts that the party believes show cause for striking such member from the panel. The Court may strike such member from the panel if it finds such cause to exist.
(7) After the Court has excused or struck a member, the parties shall select a substitute member from the same list, each party retaining any previously unused peremptory challenge.
60 Del. Laws, c. 373, §  1;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 373, §  3;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 68. HEALTH-CARE MEDICAL NEGLIGENCE INSURANCE AND LITIGATION › Subchapter III. Medical Negligence Review Panels › § 6806. Commissioner to administer process of selection of medical negligence review panel members; rules and regulations of medical negligence review panels.

§ 6806. Commissioner to administer process of selection of medical negligence review panel members; rules and regulations of medical negligence review panels.
(a) The Commissioner shall be responsible for the administration of the procedures of selection of candidates for service on medical negligence review panels.
(b) The Commissioner shall adopt and publish such rules and regulations as may be necessary to carry out the provisions of this subchapter and to establish the procedures for the selection and operation of medical negligence review panels. Such rules and regulations shall be consistent with the common and statutory law of the State and the Rules of Civil Procedure of the Superior Court of the State and shall be modified from time to time to reflect the changes in the law or Superior Court Rules. The Commissioner shall publish the initial set of such rules and regulations not later than 60 days after April 26, 1976.
60 Del. Laws, c. 373, §  1;  71 Del. Laws, c. 373, §  3;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 68. HEALTH-CARE MEDICAL NEGLIGENCE INSURANCE AND LITIGATION › Subchapter III. Medical Negligence Review Panels › § 6807. Evidence; duties of chairperson.

§ 6807. Evidence; duties of chairperson.
The evidence to be considered by the medical negligence review panel shall be promptly submitted to the panel and parties in written form wherever practicable. Evidence may consist of medical charts, X-rays, laboratory tests, excerpts of treatises, depositions of witnesses including parties and any other form of evidence allowable by the medical negligence review panel. The chairperson of the panel shall advise the panel relative to any legal questions involved in the review proceeding and shall prepare the opinion of the panel as provided in § 6811 of this title. To the extent practicable, a copy of the evidence shall be sent to each member of the panel. All evidence considered by the medical negligence review panel shall constitute a part of the record in the Superior Court.
60 Del. Laws, c. 373, §  1;  71 Del. Laws, c. 373, §  3;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 68. HEALTH-CARE MEDICAL NEGLIGENCE INSURANCE AND LITIGATION › Subchapter III. Medical Negligence Review Panels › § 6808. Hearing before panel; procedure.

§ 6808. Hearing before panel; procedure.
Any party or the panel itself, sua sponte, after submission of all evidence and upon 10 days' notice to all parties, shall have the right to a hearing before the panel at a time and place agreeable to the members of the panel. At such hearing, any party may adduce evidence by the testimony of witnesses and otherwise and may address the panel concerning any matters relevant to issues to be decided by the panel before the issuance of their report. The panel shall have the authority to subpoena witnesses, administer oaths and compel the production of documents, and all witnesses appearing before it at a hearing shall be sworn and a stenographic record of the proceedings shall be made. The rules of evidence applicable to the Superior Court shall be followed insofar as practicable; provided, however, that evidence will be considered by the panel which, in its opinion, possesses probative value commonly accepted by reasonable, prudent persons in the conduct of their affairs.
60 Del. Laws, c. 373, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 68. HEALTH-CARE MEDICAL NEGLIGENCE INSURANCE AND LITIGATION › Subchapter III. Medical Negligence Review Panels › § 6809. Panel's right to information; access of parties.

§ 6809. Panel's right to information; access of parties.
The panel shall have the right and duty to obtain any information that the panel deems reasonably necessary. On notice to the parties, the panel may consult experts, text or other authorities. The panel may examine reports of such other health-care providers necessary to inform itself regarding the issue to be decided. Both parties shall have full access to any material obtained by or submitted to the panel and shall be given a reasonable opportunity to rebut any such materials submitted to the panel.
60 Del. Laws, c. 373, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 68. HEALTH-CARE MEDICAL NEGLIGENCE INSURANCE AND LITIGATION › Subchapter III. Medical Negligence Review Panels › § 6810. Panel's appointment and compensation of expert witness.

§ 6810. Panel's appointment and compensation of expert witness.
The panel may appoint persons it determines to be disinterested and qualified experts to make any necessary professional or expert mental or physical examination of the plaintiff or review of the relevant evidentiary matters, and testify or submit a report in respect thereto. The panel shall give notice, reasonable under the circumstances to all parties, of its intent to appoint such experts, and shall allow them a reasonable time within which to communicate to the panel any objections they may have to the appointment of such experts. Such expert witnesses shall be allowed reasonable and necessary expenses connected with their travel, meals and lodging in connection with their testimony and work on behalf of the panel as well as a reasonable fee to be fixed by the panel and paid pursuant to § 6813 [terminated] of this title.
60 Del. Laws, c. 373, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 68. HEALTH-CARE MEDICAL NEGLIGENCE INSURANCE AND LITIGATION › Subchapter III. Medical Negligence Review Panels › § 6812. Report of panel admissible in evidence; witnesses; immunity of members.

§ 6812. Report of panel admissible in evidence; witnesses; immunity of members.
The opinion reached by the medical negligence review panel shall be admissible as prima facie evidence in the pending Superior Court action brought by the claimant, but such opinion shall not be conclusive and any party shall have the right to call, at said party's cost, any witness who appeared before or submitted reports to the medical negligence review panel as a witness. If called, the witness shall be required to appear and testify. Members of a medical negligence review panel shall have immunity from civil liability for all communications, findings, opinions and conclusions made in the course and scope of their duties prescribed by this chapter.
60 Del. Laws, c. 373, §  1;  71 Del. Laws, c. 373, §  3;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 68. HEALTH-CARE MEDICAL NEGLIGENCE INSURANCE AND LITIGATION › Subchapter III. Medical Negligence Review Panels › § 6813. Compensation of panelists.

§ 6813. Compensation of panelists.
Each member of the medical negligence review panel shall be paid at the rate of $100 per diem plus actual and necessary expenses incurred in the performance of their official duties, but not to exceed a total of $700 for both expenses and compensation paid to any 1 member of the panel for 1 matter. The member of the Commissioner's staff designated to serve as a panel's ex-officio member shall receive only actual and necessary expenses incurred as compensation. The medical negligence review panel shall have the authority to assess such costs, up to a maximum amount of $1,000, upon the party or parties against whom the majority opinion of the panel is rendered; provided, however, that this power to assess costs shall be discretionary and the panel shall assess such costs only in those cases where they deem it appropriate. In the event that a judgment shall be entered in any Superior Court action on the same matter, the fees and expenses of the panel may be assessed as costs to the extent allowable above and shall follow such judgment.
68 Del. Laws, c. 383, §  1;  71 Del. Laws, c. 373, §  3;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 68. HEALTH-CARE MEDICAL NEGLIGENCE INSURANCE AND LITIGATION › Subchapter III. Medical Negligence Review Panels › § 6814. Medical negligence review panels in federal court action.

§ 6814. Medical negligence review panels in federal court action.
The Commissioner shall convene medical negligence review panels in the manner set forth in this subchapter upon request of a Federal District Court Judge sitting in a civil action in the District of Delaware alleging medical negligence in the manner instructed by the said federal court, but also in a manner as consistent as possible with the process of selecting such panels provided for in Superior Court actions in this chapter. The selection process of any such panel in a federal court action and its powers and duties shall be subject to the order of that said court and/or such rules as the federal court system shall designate for the implementation of such panels. The Commissioner shall not, however, convene any such panels at the request of any such federal court unless provisions are made for the payment of the compensation and expenses of such panelists and the compensation and expenses of all witnesses called by such panel out of the funds other than those of the General Fund of the State.
60 Del. Laws, c. 373, §  1;  71 Del. Laws, c. 373, §  3;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 68. HEALTH-CARE MEDICAL NEGLIGENCE INSURANCE AND LITIGATION › Subchapter IV. Reporting and Review of Claims › § 6820. Reports; contents; when due.

§ 6820. Reports; contents; when due.
(a) Every insurance carrier providing medical negligence coverage and who pays any amount for insurance coverage for any medical negligence claim shall file a report with the Commissioner within 60 days following the final disposition by agreement, settlement, order, adjudication, or otherwise of such medical negligence claim against the insurance carrier's insured. Such report shall include the following:
(1) The name of the insured.
(2) A detailed statement of the medical negligence claim asserted against the insured.
(3) A statement detailing the result or final disposition of the claim against the insured, including disclosure of the manner of the resolution or disposition of such claim, the amount ordered, adjudged or agreed to be paid by or on behalf of the insured, the amount paid by such insurance carrier on behalf of the insured as part of that settlement, adjudication or order and the total amount paid by such insurance carrier for attorney's fees, costs and expenses incurred on behalf of the insured.
(b) Except as otherwise required by this section or § 6821 of this title, information reported to the Commissioner shall be kept confidential, shall not be subject to disclosure to the public pursuant to the Freedom of Information Act, Chapter 100 of Title 29, or for any other reason, and shall not be subject to subpoena or any other legal process.
(c) A standard form to be used by insurance carriers making reports pursuant to this section shall be created jointly by the Commissioner and the Board of Medical Licensure and Discipline.
(d) The Commissioner shall, on an annual basis, submit to the General Assembly a report that shall not disclose any personal information but which shall provide the following aggregated statistical information:
(1) The number of separate medical negligence claims resolved or disposed of by agreement, by order, or by adjudication during the immediately preceding calendar year;
(2) The type of medical negligence claim made;
(3) The average amount paid in settlement of each such claim or the average amount ordered to be paid; and
(4) The average amount paid by insurance carriers for attorneys' fees, costs, and expenses incurred in defense of such claims.
Following its submission to the General Assembly, the Commissioner shall make the report submitted pursuant to subsection (d) of this section available to the public and to any medical negligence insurance carrier.
60 Del. Laws, c. 373, §  1;  71 Del. Laws, c. 373, §  3;  75 Del. Laws, c. 109, §  1;  77 Del. Laws, c. 319, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 68. HEALTH-CARE MEDICAL NEGLIGENCE INSURANCE AND LITIGATION › Subchapter IV. Reporting and Review of Claims › § 6821. Disciplinary action.

§ 6821. Disciplinary action.
(a) The Commissioner shall forward the name of every health-care provider against whom a settlement is made or judgment is rendered under this chapter to the appropriate agency for licensure or professional registration and examination for review of the fitness of the health-care provider to practice the profession. In each case involving review of a health-care provider's fitness to practice under this chapter, the agency shall have the power, in appropriate cases, to take the following disciplinary action:
(1) Censure, public or private;
(2) Imposition of probation for determinate period;
(3) Suspension of the health-care provider's license for a determinate period;
(4) Revocation of the license; or
(5) In the instance of institutional or corporate providers, the ordering of temporary or permanent cessation of the particular program, procedure or service resulting in the claim or judgment, and/or the ordering, monitoring and evaluation of corrective action necessary to bring such activity into compliance with contemporary standards.
(b) Review of the health-care provider's fitness to practice shall be conducted in accordance with the applicable procedures set forth in Title 16 or 24, or other applicable provisions, and shall include a determination of whether a provider has been shown to be unfit to continue the practice of the profession because of a series of actions presumed to be medical negligence, because of verdicts or settlements against the provider, or because of a single case in which the act or omission is considered to include gross negligence on the provider's part.
60 Del. Laws, c. 373, §  1;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 373, §  3;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 68. HEALTH-CARE MEDICAL NEGLIGENCE INSURANCE AND LITIGATION › Subchapter V. Joint Underwriting Association › § 6831. Plan of operation.

§ 6831. Plan of operation.
(a) Within 45 days following the creation of the Association, the directors of the Association shall submit to the Commissioner for the Commissioner's review a proposed plan of operation, consistent with this chapter.
(b) The plan of operation shall provide for economic, fair and nondiscriminatory administration and for the prompt and efficient provision of insurance, and shall contain other provisions including, but not limited to, preliminary assessment of all members for initial expenses necessary to commence operations, establishment of necessary facilities, management of the Association, assessment of members to defray losses and expenses, Commission arrangements, reasonable and objective underwriting standards, acceptance and cession of reinsurance, appointment of servicing carriers or other servicing arrangements and procedures for determining amounts of insurance to be provided by the Association.
(c) The plan of operation shall be subject to approval by the Commissioner after consultation with the directors of the Association, representatives of the public and other affected individuals and organizations. If the Commissioner disapproves all or any part of the proposed plan of operation, the directors shall within 15 days submit for review an appropriate revised plan of operation or part thereof. If the directors fail to do so, the Commissioner shall promulgate a plan of operation or part thereof, as the case may be. The plan of operation approved or promulgated by the Commissioner shall become effective and operational upon order of the Commissioner.
(d) Amendments to the plan of operation may be made by the directors of the Association, subject to the approval of the Commissioner, or shall be made at the direction of the Commissioner.
60 Del. Laws, c. 373, §  1;