CHAPTER 378

FORMERLY

HOUSE BILL NO. 705

AN ACT TO AMEND CHAPTER 36, TITLE 18 OF THE DELAWARE CODE RELATING TO DISCLOSURE TO HEALTH INSURANCE POLICYHOLDERS CHOOSING EXEMPTION FROM WORKERS' COMPENSATION COVERAGE.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend §3605. Chapter 36. Title 18 of the Delaware Code by adding thereto a new subsection "(d)" to read as follows:

"(d) Every insurer or health service corporation electing to refuse coverage of an applicant or decline coverage of an insured who is not Included within the coverage of Chapter 23 of Title 19 shall disclose to such applicant or insured in writing the fact of such non-coverage or declination of coverage. Any insurer or health Insurer failing to disclose In writing such non-coverage or declination of coverage shall be deemed to cover the applicant or insured under the health insurance policy then In effect."

Section 2. This act shall not apply to any health insurance policy entered into or issued before the effective date of this act. It shall apply to extensions, renewals, modifications or amendments to such policies.

Approved July 17, 1984