Delaware § 6407 Prohibited practices

Delaware Statutes

§ 6407 — Prohibited practices

Delaware·Title 18·Part Insurance·Ch. 64 REGULATION OF MANAGED CARE ORGANIZATIONS

(a)No managed care organization or representative thereof may cause or knowingly permit the use of advertising or solicitation which is untrue or misleading.

(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

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(a) No managed care organization or representative thereof may cause or knowingly permit the use of advertising or solicitation which is untrue or misleading.

(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.

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