§ 8611. Regulations.
§ 8611. Regulations. The Commissioner may, in accordance with § 311 of this title, promulgate regulations necessary to carry out the provisions of this chapter. 82 Del. Laws, c. 176, § 1;
§ 8701. Definitions.
§ 8701. Definitions. As used in this chapter, unless the context clearly indicates a different meaning, the following words and phrases shall have the meaning ascribed to them in this section: (1) “Affordable Care Act” means the Patient Protection and Affordable Care Act, 42 U.S.C. § 18001 et seq. (2) “Assessment” means any payment required […]
§ 8702. Applicability and scope.
§ 8702. Applicability and scope. (a) This chapter shall apply to the following licensees: (1) Any carrier, as defined under § 8701 of this title. (2) Any other person or entity subject to regulation by the State that provides products that may be subject to an assessment by the State under this chapter. (b) This […]
§ 8703. Delaware Health Insurance Individual Market Stabilization and Reinsurance Program assessment.
§ 8703. Delaware Health Insurance Individual Market Stabilization and Reinsurance Program assessment. (a) The purpose of this section is to establish a funding mechanism for the Delaware Health Insurance Individual Market Stabilization and Reinsurance Program created by § 9903(g) of Title 16. (b) Following successful approval of Delaware’s § 1332 [42 U.S.C. § 18052] waiver application […]
§ 8609. Exceptions.
§ 8609. Exceptions. (a) The following exceptions apply to this chapter: (1) A licensee with fewer than 15 employees is exempt from § 8604 of this chapter. (2) A licensee subject to the Health Insurance Portability and Accountability Act [P.L. 104-191, as amended] that has established and maintains an information security program under the statutes, […]
§ 8610. Penalties.
§ 8610. Penalties. If a licensee violates this chapter, the licensee may be subject to penalties under § 329 of this title. 82 Del. Laws, c. 176, § 1;
§ 8506. Contents of corporate governance annual disclosure.
§ 8506. Contents of corporate governance annual disclosure. (a) The insurer or insurance group shall have discretion over the responses to the CGAD inquiries, provided the CGAD shall contain the material information necessary to permit the Commissioner to gain an understanding of the insurer’s or group’s corporate governance structure, policies and practices. The Commissioner may […]
§ 8507. Confidentiality.
§ 8507. Confidentiality. (a) Documents, materials or other information including the CGAD, in the possession or control of the Department that are obtained by, created by or disclosed to the Commissioner or any other person under this chapter, are recognized by this State as being proprietary and to contain trade secrets. All such documents, materials […]
§ 8508. NAIC and third-party consultants.
§ 8508. NAIC and third-party consultants. (a) The Commissioner may retain, at the insurer’s expense, third-party consultants, including attorneys, actuaries, accountants and other experts not otherwise a part of the Commissioner’s staff as may be reasonably necessary to assist the Commissioner in reviewing the CGAD and related information or the insurer’s compliance with this chapter. […]
§ 8509. Sanctions.
§ 8509. Sanctions. Any insurer failing, without just cause, to timely file the CGAD as required in this chapter shall be required, after notice and hearing, to pay a penalty of $500 for each day’s delay, to be recovered by the Commissioner and the penalty so recovered shall be paid into the General Fund. The […]