§ 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;
§ 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 […]
§ 8601. Short title.
§ 8601. Short title. This chapter is known and may be cited as the “Insurance Data Security Act.” 82 Del. Laws, c. 176, § 1;
§ 8602. Purpose and intent.
§ 8602. Purpose and intent. (a) Notwithstanding any other provision of law, this chapter establishes the exclusive state standards for data security and the investigation of, and notification to, the Commissioner and consumers when a cybersecurity event involving a licensee under this title occurs. (b) This chapter may not be construed to create or imply […]
§ 8603. Definitions.
§ 8603. Definitions. As used in this chapter: (1) “Authorized individual” means an individual to whom a licensee gave authorization to access and use nonpublic information that the licensee and the licensee’s information system holds. (2) “Commissioner” means the Insurance Commissioner of the State of Delaware. (3) “Consumer” means an individual, including an applicant, policyholder, […]
§ 8604. Information security program [For application of this section, see 82 Del. Laws, c. 176, § 2].
§ 8604. Information security program [For application of this section, see 82 Del. Laws, c. 176, § 2]. (a) Implementation of an information security program. — (1) A licensee shall develop, implement, and maintain a comprehensive, written information security program that is based on the licensee’s risk assessment and contains administrative, technical, and physical safeguards […]