In order to promote freedom of choice by employers and others in Delaware who purchase group health-care coverage, it shall be unlawful for any insurer, health service corporation or other person in the business of providing or insuring health-care services or coverage, to offer any insurance or health-care coverage to any person in this State on a basis which would preclude such person from allowing some members of a group to elect to enroll in a certified managed care organization, either by means of an express prohibition or by requiring the same payment regardless of such election; provided, however, that it shall not be unlawful for such persons to offer insurance or coverage on a basis where the rates or cost thereof are calculated according to the number of persons in the group for which such coverage is provided. The Department shall have authority to enforce this section.

63 Del. Laws, c. 382, § ?1; 66 Del. Laws, c. 124, § ?7; 71 Del. Laws, c. 229, § ?1; 75 Del. Laws, c. 362, § ?2;

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Terms Used In Delaware Code Title 18 Sec. 6413

  • Certified managed care organization: means a managed care organization which has been issued a certificate of authority under this title. See Delaware Code Title 18 Sec. 6403
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Department: means the Delaware Department of Insurance. See Delaware Code Title 18 Sec. 6403
  • Health-care services: means any service included in the furnishing to any individual of medical or dental care, or hospitalization or incidental to the furnishing of such care or hospitalization, as well as the furnishing to any person of any and all other services for the purpose of preventing, alleviating, curing or healing human illness, injury or physical disability. See Delaware Code Title 18 Sec. 6403
  • 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