Delaware Administrative Code
Title 18 - Insurance
1400 - Health Insurance Specific Provisions
1405 - Requirements for Fully Insured Multiple Employer Welfare Arrangements and Association Health Plans
Section 1405-15.0 - Enforcement Authority
Current through Register Vol. 28, No. 3, September 1, 2024
15.1 A violation of this regulation shall be considered an unfair and deceptive trade practice under 18 Del.C. § 2304. Failure to file the information required in this regulation shall be prima facie evidence of a deceptive practice which endangers the legitimate interest of customers and public. If the fully insured MEWA or association does not qualify for an exemption under ERISA, after hearing, the MEWA or association may be found in violation of 18 Del.C. § 505 and 18 Del.C. Ch. 21.
15.2 To ensure compliance with the provisions of this regulation and protect Delaware health care consumers, the Commissioner may, in his or her discretion, examine the business and financial affairs of a fully insured association or MEWA doing business in this state utilizing the powers granted by 18 Del.C. § 320, and other provisions of Title 18 as may be applicable.
15.3 The Commissioner may decline to issue or renew a license issued pursuant to this regulation if the Commissioner finds that a fully insured association or MEWA does not satisfy any standard or requirement of this regulation or any provision of other applicable state or federal law or regulation.
15.4 The Commissioner may suspend or revoke a license issued pursuant to this regulation for a violation of this regulation or any provision of applicable state and federal law.
15.5 Any person or entity that violates any provision of this regulation is subject to the penalties provided in Chapters 3, 17 and 23 of Title 18 and such other provisions of Title 18 as may be applicable.
15.6 When the Commissioner believes that a fully insured association, MEWA, or any other person is operating in this state without being duly registered or has violated the law, an administrative regulation of the Department, or an Order of the Commissioner, the Commissioner may issue an order to cease and desist such violation or take any other action set forth in 18 Del.C. § 2307.
