(a) The Commissioner may establish regulations to implement the provisions of this section and to assure that rating practices used by small employer carriers are consistent with the purposes of this chapter, including regulations that:
(1) Assure that differences in rates charged for health benefit plans by small employer carriers are reasonable and reflect objective differences in plan design (not including differences due to the nature of the groups assumed to select particular health benefit plans); and
(2) Prescribe the manner in which case characteristics may be used by small employer carriers.
(b) The Commissioner may suspend for a specified period the application of paragraph (a)(1) of this section as to the premium rates applicable to 1 or more small employers included within a class of business of a small employer carrier for 1 or more rating periods upon a filing by the small employer carrier and a finding by the Commissioner either that the suspension is reasonable in light of the financial condition of the small employer carrier or that the suspension would enhance the efficiency and fairness of the marketplace for small employer health insurance.
Structure Delaware Code
Chapter 72. SMALL EMPLOYER HEALTH INSURANCE
§ 7202. Definitions [For application of this section, see 79 Del. Laws, c. 99, § 19].
§ 7203. Applicability and scope.
§ 7204. Establishment of classes of business.
§ 7205. Restrictions relating to premium rates.
§ 7206. Renewability of coverage.
§ 7208. Notice of intent to operate as a risk-assuming carrier.
§ 7209. Application to become a risk-assuming carrier.
§ 7211. Health benefit plan committee.
§ 7212. Periodic market evaluation.
§ 7213. Waiver of certain state laws.
§ 7214. Administrative procedures.
§ 7215. Standards to assure fair marketing.
§ 7216. Regulations; exceptions.
§ 7217. Disclosure of rating practices; certification of compliance.