§ 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 […]
§ 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 […]
§ 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 […]
§ 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 […]
§ 7501. Short title.
§ 7501. Short title. This chapter may be cited as the “Delaware Viatical Settlements Act.” 72 Del. Laws, c. 132, § 1; 81 Del. Laws, c. 172, § 1;
§ 7502. Definitions.
§ 7502. Definitions. As used in this chapter: (1) “Advertising” means any written, electronic or printed communication, or any communication by means of recorded telephone messages or transmitted on radio, television, the Internet, or similar communications media, including film strips, motion pictures, and videos, which are published, disseminated, circulated, or placed directly before the public […]
§ 7503. License and bond requirements.
§ 7503. License and bond requirements. (a) A person may not operate as a viatical settlement provider or viatical settlement broker without first obtaining a license from the Commissioner of the state of residence of the viator. (b) A life insurance producer who has been duly licensed as a resident insurance producer with a life […]
§ 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 […]
§ 7215. Standards to assure fair marketing.
§ 7215. Standards to assure fair marketing. (a) Each small employer carrier shall actively market health benefit plan coverage, including the basic and standard health benefit plans, to eligible small employers in the State. If a small employer carrier denies coverage to a small employer on the basis of the health status or claims experience […]
§ 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 […]