CHAPTER 274

FORMERLY

HOUSE BILL NO. 402

AS AMENDED BY HOUSE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 23, PART I, TITLE 18 OF THE DELAWARE CODE RELATING TO INSURANCE TRADE PRACTICES, AND PROVIDING FOR THE PROHIBITION OF UNFAIR AGE DISCRIMINATION IN HEALTH INSURANCE, GROUP AND BLANKET HEALTH INSURANCE, AND HEALTH SERVICE CORPORATION CONTRACTS.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Amend Chapter 23, Part I, Title 18 of the Delaware Code, by adding thereto a new section, designated as §2327, which shall read as follows:

§2327. Discrimination against individuals over 65 years of age prohibited in Health Insurance, Group and Blanket Health Insurance, and Health Service Corporation Contracts

(a) No person shall fail to make available to an insured continued coverage for hospital and medical-surgical expenses in health insurance, group and blanket health insurance, or health service corporation contracts due to such insured's attaining the age of 65.

(b) No person shall knowingly permit or offer to make or make any contract of health insurance, group or blanket health insurance, or health service corporation service agreement with an individual 65 years of age or older unless such contract provides benefits equivalent to the benefits available to insureds under the age of 65 covered by such insurance company; except that such contracts may allow for reductions in coverage to reflect benefits available under governmentally sponsored health care programs generally available to individuals over 65.

(c) Should any insurance company not have a contract available to insureds under the age of 65, the minimum benefits if any, available to insureds over 65 must include partial or full coverage of appropriate hospital and surgical-medical expenses as determined by the Commissioner taking into account the prevailing medical practice in the community and the coverage available under governmentally sponsored programs generally available to individuals over 65.

(d) The application of subsections (a), (b) and (c) of this §2327 shall not prohibit differential rates to be charged to any category of risk set forth in this section.

Approved March 25, 1974.