Delaware Code Title 18 Sec. 6407 – Prohibited practices
(a) No managed care organization or representative thereof may cause or knowingly permit the use of advertising or solicitation which is untrue or misleading.
Terms Used In Delaware Code Title 18 Sec. 6407
- Department: means the Delaware Department of Insurance. See Delaware Code Title 18 Sec. 6403
- Fraud: Intentional deception resulting in injury to another.
- Managed care organization: means a public or private organization, organized under the laws of any state, which:
- State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
(b) No managed care organization may cancel or refuse to renew the enrollment of an enrollee solely on the basis of the enrollee’s health. This subsection shall not prevent a managed care organization from canceling the enrollment of an enrollee if the enrollee misrepresented the state of the enrollee’s health at the time of enrollment. This subsection shall not prevent a managed care organization from canceling or refusing to renew an enrollment for reasons other than an enrollee’s health, including without limitation nonpayment of premiums or fraud by the enrollee.
(c) The Department shall have exclusive authority to investigate violations of this section.
63 Del. Laws, c. 382, § ?1; 66 Del. Laws, c. 124, § ?7; 70 Del. Laws, c. 186, § ?1; 71 Del. Laws, c. 229, § ?1; 75 Del. Laws, c. 362, § ?2;