Delaware Administrative Code
Title 18 - Insurance
1300 - Health Insurance General Provisions
1316 - Arbitration of Health Insurance Disputes Between Carriers And Non-Network Providers of Emergency Care Services
Section 1316-2.0 - Definitions

The following words and terms, when used in this regulation, have the following meaning:

"Carrier" means any entity that provides health insurance in this State. Carrier includes an insurance company, health service corporation, managed care organization and any other entity providing a plan of health insurance or health benefits subject to state insurance regulation. Carrier also includes any third-party administrator or other entity that adjusts, administers or settles claims in connection with health insurance.

"Covered person" means an individual and/or family who has entered into a contractual arrangement, or on whose behalf a contractual arrangement has been entered into, with a carrier, pursuant to which the carrier provides health insurance for such person or persons.

"Department" means the Delaware Insurance Department.

"Duration of an Emergency Medical Condition" means a period of time that begins with an Emergency Medical Condition and ends when the Emergency Medical Condition is either treated or stabilized as such stabilization is evidenced by post stabilization care, as referenced in 18 Del.C. §§ 3349(d)(3) and 3565(d)(3), in a hospital where such post stabilization care is not within the definition of emergency care services.

"Emergency care provider" means a provider of emergency care services including a provider who also provides health care services that aren't emergency care services.

"Emergency care services" means those services identified in 18 Del.C. §§ 3349(d) and 3565(d) performed at any time during the Duration of an Emergency Medical Condition, including any covered service providing for the transportation of a patient to a hospital emergency facility for an emergency medical condition including air and sea ambulances so long as medical necessity criteria are met.

"Emergency Medical Condition" shall have the meaning assigned to it by 18 Del.C. §§ 3349(e) and 3565(e).

"Health care services" means any services or supplies included in the furnishing to any individual of medical care or hospitalization, or incidental to the furnishing of such care or hospitalization, as well as the furnishing to any individual of any and all other services for the purpose of preventing, alleviating, curing or healing human illness, injury, disability or disease.

"Health insurance" means a plan or policy issued by a carrier for the payment for, provision of, or reimbursement for health care services.

"Network carrier" is a carrier that has a written participation agreement with a provider to pay for emergency care services.

"Network Emergency Care Provider" is a provider who has a written participation agreement with the carrier to provide emergency care services or governing payment of emergency care services.

"Non-Network Emergency Care Provider" is a provider who is not a Network Emergency Care Provider.

"Provider" means an individual or entity, including without limitation, a licensed physician, a licensed nurse, a licensed physician assistant and a licensed nurse practitioner, a licensed diagnostic facility, a licensed clinical facility, and a licensed hospital, who or which provides health care services in this State.