CHAPTER 323

FORMERLY

HOUSE BILL NO. 474

AN ACT TO AMEND CHAPTER 72, TITLE 18 OF THE DELAWARE CODE RELATING TO SMALL EMPLOYER HEALTH INSURANCE.

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

Section 1. Amend § 7202(15), Chapter 72, Title 18 of the Delaware Code by deleting said subsection in its entirety and by substituting in lieu thereof the following:

"(15) 'Health benefit plan' means any hospital or medical policy or certificate, major medical expense insurance, health service corporation subscriber contract, or health maintenance organization subscriber

contract. Health benefit plan does not include accident—only, credit, dental, vision, Medicare supplement, long—term care, or disability income insurance, coverage issued as a supplement to liability insurance, worker's compensation or similar insurance, or automobile medical payment insurance.

'Health benefit plan' shall not include policies or certificates of specified disease, hospital confinement indemnity or limited benefit health insurance, provided that the carrier offering such policies or certificates complies with the following:

(a) The carrier files on or before March 1 of each year a
certification with the Commissioner that contains the statement and information described in Paragraph (b) of this Subsection.

(a) The certification required in Paragraph (a) of this
Subsection shall contain the following:

(i) A statement from the carrier certifying that policies or certificates described in this Subsection are being offered and marketed as supplemental health insurance and not as a substitute for hospital or medical expense insurance or major medical expense insurance.

(it) A summary description of each policy or certificate

described In this Subsection, including the average annual premium rates (or range of premium rates in cases where premiums vary by age, gender or other factors) charged for such policies and certificates in this State.

(a) In the case of a policy or certificate that is described in this Subsection and that is offered for the first time in this State on or after the effective date of the Act, the carrier files with the Commissioner the information and statement required in Paragraph (b) of this Subsection at least thirty (30) days prior to the date such a policy or certificate is issued or delivered in this State."

Approved July 8, 1994.