reglab/statecodes huggingface dataset:
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 77. SURETYSHIP › Subchapter I. Corporate Sureties › § 7701. Execution and sufficiency of corporate suretyship.

§ 7701. Execution and sufficiency of corporate suretyship.
(a) Whenever any bond, undertaking, recognizance or other obligation is by law or the charter, ordinances, rules or regulations of any municipality, board, body, organization or public officer required or permitted to be made, given, tendered or filed with surety or sureties, and whenever the performance of any act, duty or obligation, or the refraining from any act, is required or permitted to be guaranteed, such bond, undertaking, obligation, recognizance or guarantee may be executed by an insurer duly authorized to transact surety insurance in this State under a certificate of authority issued by the Insurance Commissioner of this State.
(b) The execution by such insurer of such bond, undertaking, obligation, recognizance or guarantee shall be in all respects a full and complete compliance with every requirement of every law, charter, ordinance, rule or regulation that such bond, undertaking, obligation, recognizance or guarantee shall be executed by 1 surety or by 1 or more sureties, or that such sureties shall be residents or freeholders, either or both, or possess any other qualification, and shall be accordingly accepted and treated.
18 Del. C. 1953, §  7701;  56 Del. Laws, c. 460.;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 77. SURETYSHIP › Subchapter I. Corporate Sureties › § 7702. Acceptance and approval by public officers.

§ 7702. Acceptance and approval by public officers.
(a) Any public officer or department of state, county or municipal government, whose duty it may be to approve the surety upon any bond or bonds, may accept and approve such bonds when executed by the principal therein and by any surety insurer qualified to act as surety or guarantor as provided in § 7701 of this title. The Levy Court and County Councils of the several counties of this State may accept such bonds as security for receivers of taxes and county treasurers in lieu of the security provided for by the laws of this State.
(b) Whenever any bond, undertaking, recognizance or guarantee has been duly executed in compliance with the terms of this chapter by the principal or principals therein, and by an insurer, duly authorized under the law of this State to transact the business of executing bonds of suretyship, then any officer, judge or any department of the state, or of any county or municipal government, whose duty it may be to approve of the surety upon the bond, undertaking, recognizance or guarantee may accept and approve such bond, undertaking, recognizance or guarantee.
18 Del. C. 1953, §  7702;  56 Del. Laws, c. 460.;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 77. SURETYSHIP › Subchapter I. Corporate Sureties › § 7703. Agreement requiring principal to deposit assets; withdrawal.

§ 7703. Agreement requiring principal to deposit assets; withdrawal.
Any party of whom a bond or undertaking is required may agree with sureties for the deposit for safe keeping of any and all moneys and other depositable assets for which such sureties are or may be held responsible with a trust company, safe deposit company or bank authorized by law to transact business as such in this State, if such deposit is otherwise proper, in such manner as to prevent the withdrawal of such moneys and assets or any part thereof, except with the written consent of such sureties, or an order of the court, made on such notice to them as such court may direct.
18 Del. C. 1953, §  7703;  56 Del. Laws, c. 460;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 77. SURETYSHIP › Subchapter I. Corporate Sureties › § 7704. Release of liability on bond; procedure.

§ 7704. Release of liability on bond; procedure.
The surety or representatives of any surety, upon the bond of any trustees, committee, guardian, assignees, receiver, executor or administrator or other fiduciary, may apply by petition to the court wherein the bond is filed or which may have jurisdiction of such trustee, committee, guardian, assignee, receiver, executor or administrator or other fiduciary or to a judge of the court, praying to be relieved from further liability as such surety for the acts or omissions of the trustee, committee, guardian, assignee, receiver, executor or administrator or other fiduciary, which may occur after the date of the order relieving such surety, to be granted as herein provided for; and to require such trustee, committee, guardian, receiver, assignee, executor or administrator or other fiduciary to show cause why he or she should not account, and such surety to be relieved from any such further liability as aforesaid, and such principal be required to give a new bond. Thereupon, upon the filing of such petition, the court or judge thereof shall issue such order, returnable at such time and place and to be served in such manner, as such court or judge may direct, and may restrain such trustee, committee, guardian, assignee, receiver, executor or administrator or other fiduciary from acting except in such manner as it may direct to preserve the trust estate, and, upon the return of such order to show cause, if the principal in the bond account in due form of law and file a new bond duly approved, then such court or judge shall make an order releasing such surety filing the petition from liability upon the bond for any subsequent act or default of the principal; and in default of such principal thus accounting and filing such bond, such court or judge shall make an order directing such trustee, committee, guardian, assignee, receiver, executor or administrator, or other fiduciary to account in due form of law, and, if the trust fund or estate shall be satisfactorily accounted for and delivered or properly secured, such surety shall be discharged from any and all further liability as such for the subsequent acts or omissions of the trustee, guardian, committee, assignee, receiver, executor or administrator or other fiduciary after the day of such surety being so relieved and discharged.
18 Del. C. 1953, §  7704;  56 Del. Laws, c. 460;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 77. SURETYSHIP › Subchapter I. Corporate Sureties › § 7705. Estoppel of surety insurer to deny corporate power.

§ 7705. Estoppel of surety insurer to deny corporate power.
No insurer having signed any bond, undertaking or obligation as surety, guarantor or indemnitor shall be permitted to deny its corporate power to execute such instrument or incur such liability, in any proceeding to enforce liability against it thereunder.
18 Del. C. 1953, §  7705;  56 Del. Laws, c. 460.;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 77. SURETYSHIP › Subchapter I. Corporate Sureties › § 7706. Premium on bond of public officer; expense of office.

§ 7706. Premium on bond of public officer; expense of office.
The expenses incurred by any public officer for suretyship upon any bond required by law of him or her, as well as the expenses for suretyship upon any bond required of any of his or her assistants or clerks, shall, where the bond or bonds are required for the protection of the State, be paid for by the State, and where the bond or bonds are required for the protection of any of the several counties, be paid for by the Levy Court or County Council of the county, and where the bond or bonds are required for the protection of a municipality, be paid for by the municipality, and shall be charged to and considered a part of the expenses of the office held by the official. The cost of the bond shall not exceed the sum or sums determined by any applicable rate filed by the surety with the Insurance Commissioner.
18 Del. C. 1953, §  7706;  56 Del. Laws, c. 460;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 77. SURETYSHIP › Subchapter I. Corporate Sureties › § 7707. Premium on bond of fiduciary; expense of estate.

§ 7707. Premium on bond of fiduciary; expense of estate.
Any receiver, guardian, assignee, committee, trustee, executor, administrator or other fiduciary required by law or the order of any court to give a bond, undertaking or other obligation as such, who shall avail himself or herself of corporate suretyship in such bond, undertaking or obligation as authorized by the laws of this State, may present to the proper court or officer before whom he or she is required to account a statement and receipt showing the amount of charges paid for such corporate suretyship; and thereupon the court or other officer, before whom such accounting is rendered, may either order and direct such sum, either in whole or in part, to be a charge upon the estate and charged accordingly; or it may direct that no part thereof shall be a charge upon the estate. No charge for such suretyship shall in any case be allowed in excess of the sum or sums determined by any applicable rate filed by the surety with the Insurance Commissioner.
18 Del. C. 1953, §  7707;  56 Del. Laws, c. 460;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 77. SURETYSHIP › Subchapter I. Corporate Sureties › § 7708. Warrant of attorney.

§ 7708. Warrant of attorney.
In all instances where corporate suretyship is offered in accordance with this chapter, and where the form of bond required by law contains a warrant of attorney, the bond shall be accepted without such warrant of attorney being written therein.
18 Del. C. 1953, §  7708;  56 Del. Laws, c. 460.;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 77. SURETYSHIP › Subchapter II. Rights of Sureties › § 7709. Assignment of obligation.

§ 7709. Assignment of obligation.
Where any persons are bound in any bond, bill or other writing made payable to any person, his or her executors, administrators, order or assigns, and the money due thereon or any balance thereof, shall be paid or tendered by a surety therein, the obligee shall be obliged to assign such bond, bill or other writing to such surety, and such assignee shall, by virtue of such assignment, have an action in his or her own name thereon against the principal debtor or his or her representative.
18 Del. C. 1953, §  7709;  56 Del. Laws, c. 460;  70 Del. Laws, c. 186, §  1;