Sections
Subchapter I General Provisions 3301 – 3307
Subchapter II Compensation Benefits; Determination and Payment 3311 – 3329
Subchapter III Employer’s Coverage and Assessments 3341 – 3367
Subchapter IV Protection of Employees’ Rights and Benefits 3371 – 3374
Subchapter V Penalties 3381 – 3384
Subchapter VI Temporary Emergency Employer Assessment 3391
Subchapter VII Repayment of State Funds 3392

Terms Used In Delaware Code > Title 19 > Chapter 33

  • Actuarial certification: means a written statement by a member of the American Academy of Actuaries, or other individual acceptable to the Commissioner, that a small employer carrier is in compliance with the provisions of § 7205 of this title, based upon an examination and including a review of the appropriate records and the actuarial assumptions and methods used by the small employer carrier in establishing premium rates for applicable health benefit plans. See Delaware Code Title 19 Sec. 3165
  • Advertising: means any written, electronic or printed communication, or any communication by means of recorded telephone messages or transmitted on radio, television, the Internet, or similar communications media, including film strips, motion pictures, and videos, which are published, disseminated, circulated, or placed directly before the public in this State for the purpose of creating an interest in or inducing a person to purchase, sell, assign, devise, bequest, or transfer the death benefit or ownership of a life insurance policy pursuant to a viatical settlement contract. See Delaware Code Title 19 Sec. 3328
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Affiliation period: means a period of time not to exceed 2 months (3 months for late enrollees) during which a health maintenance organization does not collect premiums and coverage issued is not effective. See Delaware Code Title 19 Sec. 3165
  • Allegation: something that someone says happened.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Another jurisdiction: means another state of the United States, the District of Columbia, a territory of the United States, or a country outside of the United States or its territories. See Delaware Code Title 24 Sec. 1831
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Applicant: means an individual who applies to be licensed under this chapter. See Delaware Code Title 24 Sec. 2002
  • Applicant: means an individual seeking licensure under this chapter. See Delaware Code Title 24 Sec. 1831
  • Appraisal: A determination of property value.
  • Assessments: means the money payments to the State Unemployment Compensation Fund required by this chapter. See Delaware Code Title 19 Sec. 3302
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
  • Baccalaureate social worker: means an individual licensed to practice baccalaureate social work. See Delaware Code Title 24 Sec. 1831
  • Balanced budget: A budget in which receipts equal outlays.
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Base period: means the first 4 of the last 5 completed calendar quarters immediately preceding the first day of an individual's benefit year. See Delaware Code Title 19 Sec. 3302
  • Basic health benefit plan: means a lower cost health benefit plan developed pursuant to § 7211 of this title. See Delaware Code Title 19 Sec. 3165
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Benefits: means the money payments payable to an individual, as provided in this chapter, with respect to the individual's unemployment. See Delaware Code Title 19 Sec. 3302
  • Bequest: Property gifted by will.
  • Board: means the Board of Medical Licensure and Discipline. See Delaware Code Title 24 Sec. 1799FF
  • Board: means the State Board of Plumbing, Heating, Ventilation, Air Conditioning and Refrigeration Examiners. See Delaware Code Title 24 Sec. 1802
  • Board: means the board of directors of the program established pursuant to § 7210 of this title [repealed]. See Delaware Code Title 19 Sec. 3165
  • Board: shall mean the State Board of Dietetics/Nutrition. See Delaware Code Title 24 Sec. 1799MM
  • Board: means the Board of Occupational Therapy Practice established in this chapter. See Delaware Code Title 24 Sec. 2002
  • Board: shall mean the Board of Clinical Social Work Examiners. See Delaware Code Title 24 Sec. 1811
  • Bona fide association: means , with respect to health insurance coverage offered in Delaware, an association which:

    a. See Delaware Code Title 19 Sec. 3165

  • Business of viatical settlements: means an activity involved in, but not limited to, the offering, soliciting, negotiating, procuring, effectuating, purchasing, investing, financing, monitoring, tracking, underwriting, selling, transferring, assigning, pledging, hypothecating or in any other manner, acquiring an interest in a life insurance policy by means of a viatical settlement contract. See Delaware Code Title 19 Sec. 3328
  • Buyer: means a person who buys or contracts to buy goods. See Delaware Code Title 6 Sec. 2-103
  • Calendar quarter: means the period of 3 consecutive calendar months ending on March 31, June 30, September 30 or December 31, excluding, however, any calendar quarter or portion thereof which occurs prior to January 1, 1938, or the equivalent thereof as the Department may by regulation prescribe. See Delaware Code Title 19 Sec. 3302
  • Carrier: means any entity that provides health insurance in this State. See Delaware Code Title 19 Sec. 3165
  • Case characteristics: means demographic or other objective characteristics of a small employer that are considered by the small employer carrier in the determination of premium rates for the small employer, provided that claim experience, health status and duration of coverage shall not be case characteristics for the purposes of this chapter. See Delaware Code Title 19 Sec. 3165
  • Case management: means a method to plan, provide, evaluate, and monitor services from a variety of resources on behalf of and in collaboration with a client. See Delaware Code Title 24 Sec. 1831
  • Child: means a person who has not reached the age of 18 years. See Delaware Code Title 6 Sec. 4307
  • Chronically ill: means any of the following:

    a. See Delaware Code Title 19 Sec. 3328

  • Class of business: means all of a carrier's business unless more than 1 class is established pursuant to § 7204 of this title. See Delaware Code Title 19 Sec. 3165
  • Client: means a woman under the care of a midwife and, when applicable in the context of care, the newborn. See Delaware Code Title 24 Sec. 1799FF
  • Client: means an individual, couple, family, group, organization, or community that seeks or receives social work services from a social worker or an organization whether those services are free or for a fee. See Delaware Code Title 24 Sec. 1831
  • Clinical social work: shall mean the application of social work theory and methods, which may include the person-in-environment perspective, to the assessment, diagnosis, prevention and treatment of biopsychosocial dysfunction, disability and impairment, including mental and emotional disorders, developmental disabilities and substance abuse. See Delaware Code Title 24 Sec. 1811
  • Closed end credit: means the extension of credit by a licensee to a borrower pursuant to an arrangement or agreement which is not a revolving credit plan as defined in subchapter II of this chapter. See Delaware Code Title 5 Sec. 2227
  • Commissioner: means the State Bank Commissioner. See Delaware Code Title 5 Sec. 2201
  • Commissioner: means the Insurance Commissioner of this State. See Delaware Code Title 19 Sec. 3165
  • Commissioner: means the Insurance Commissioner of this State. See Delaware Code Title 19 Sec. 3328
  • Committee: means the Health Benefit Plan Committee created pursuant to § 7211 of this title. See Delaware Code Title 19 Sec. 3165
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Consultation: means an advisory professional relationship between a social worker and other professionals, with the social worker ethically maintaining responsibility for all judgments and decisions regarding service to a client. See Delaware Code Title 24 Sec. 1831
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract for sale: includes both a present sale of goods and a contract to sell goods at a future time. See Delaware Code Title 6 Sec. 2-106
  • Conversion therapy: means any practice or treatment that seeks to change an individual's sexual orientation or gender identity, as "sexual orientation" and "gender identity" are defined in § 710 of Title 19, including any effort to change behaviors or gender expressions or to eliminate or reduce sexual or romantic attractions or feelings toward individuals of the same gender. See Delaware Code Title 24 Sec. 1811
  • Conviction: A judgement of guilt against a criminal defendant.
  • Counseling: means a method, in addition to psychotherapy, advocacy, research, and consultation, used by social workers to assist individuals, couples, families, and groups in learning how to solve problems and make decisions about personal, health, social, educational, vocational, financial, and other interpersonal concerns. See Delaware Code Title 24 Sec. 1831
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Department: means the Department of Labor. See Delaware Code Title 19 Sec. 3302
  • Dependent: means a spouse, a child under the age of 26 years, and an unmarried child of any age who is medically certified as totally disabled and dependent upon the parent. See Delaware Code Title 19 Sec. 3165
  • Devise: To gift property by will.
  • Dietetic and nutrition therapy: shall mean the scope of services utilized in the delivery of preventive nutrition services and/or nutrition therapy. See Delaware Code Title 24 Sec. 1799MM
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Distant site: means a site at which a health-care provider legally allowed to practice in the State is located while providing health-care services by means of telemedicine or telehealth. See Delaware Code Title 24 Sec. 1811
  • Division: means the Division of Professional Regulation. See Delaware Code Title 24 Sec. 1802
  • Division: means the Division of Professional Regulation. See Delaware Code Title 24 Sec. 2002
  • Division: means the Division of Professional Regulation. See Delaware Code Title 24 Sec. 1831
  • Eligible employee: means an employee who works on a full-time basis and has a normal work week of 30 or more hours. See Delaware Code Title 19 Sec. 3165
  • Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
  • Employer: means :

    (A)(i) Any employing unit which after December 31, 1971,

    (I) In any calendar quarter in either the current or preceding calendar year paid for service in employment wages of $1,500 or more, or

    (II) For some portion of a day in each of 20 different calendar weeks, whether or not such weeks were consecutive, in either the current or preceding calendar year, had in employment at least 1 individual (irrespective of whether the same individual was in employment in each such day);

    (ii) Any employing unit for which agricultural labor as defined in paragraph (11)(A)(vii) of this section is performed after December 31, 1977;

    (iii) Any employing unit for which domestic service as defined in paragraph (11)(B) of this section is performed after December 31, 1977;

    (iv)(I) In determining whether or not an employing unit for which service other than domestic service is also performed is an employer under paragraphs (8)(A)(i) and (ii) of this section the wages earned or the employment of an employee performing domestic service after December 31, 1977, shall not be taken into account;

    (II) In determining whether or not an employing unit for which service other than agricultural labor is also performed is an employer under paragraphs (8)(A)(i) and (iii) of this section, the wages earned or the employment of an employee performing service in agricultural labor after December 31, 1977, shall not be taken into account. See Delaware Code Title 19 Sec. 3302

  • Employing unit: means any individual or type of organization, including any partnership, association, trust, estate, joint stock company, insurance company or corporation, whether domestic or foreign, or the receiver, trustee in bankruptcy, trustee or successor thereof or the legal representative of a deceased person, which has or subsequent to January 1, 1936, had in its employ 1 or more individuals performing services for it within this State. See Delaware Code Title 19 Sec. 3302
  • Employment: means :

    (A) Any service performed prior to January 1, 1978, which was employment as defined in this paragraph prior to such date and, subject to the other provisions of this paragraph, service performed after December 31, 1977, including service in interstate commerce, by

    (i) Any officer of a corporation after December 31, 1995. See Delaware Code Title 19 Sec. 3302

  • Employment office: means a free public employment office or branch thereof operated by this State or as a part of a state-controlled system of public employment offices or by a federal agency charged with the administration of an unemployment compensation program or free public employment offices. See Delaware Code Title 19 Sec. 3302
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Established geographic service area: means a geographic area, as approved by the Commissioner and based on the carrier's certificate of authority to transact insurance in this State, within which the carrier is authorized to provide coverage. See Delaware Code Title 19 Sec. 3165
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Excessive use or abuse of drugs: means the use of narcotics, controlled substances, or illegal drugs without a prescription from a licensed physician or other professional licensed to prescribe, or the abuse of alcoholic beverages such that it impairs an individual's ability to perform social work. See Delaware Code Title 24 Sec. 1831
  • Federal Deposit Insurance Corporation: A government corporation that insures the deposits of all national and state banks that are members of the Federal Reserve System. Source: OCC
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Fiduciary: A trustee, executor, or administrator.
  • Financing entity: means an underwriter, placement agent, lender, purchaser of securities, purchaser of a policy or certificate from a viatical settlement provider, credit enhancer, or any person that has a direct ownership in a policy or certificate that is the subject of a viatical settlement contract and all of the following:

    a. See Delaware Code Title 19 Sec. 3328

  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Fixed Rate: Having a "fixed" rate means that the APR doesn't change based on fluctuations of some external rate (such as the "Prime Rate"). In other words, a fixed rate is a rate that is not a variable rate. A fixed APR can change over time, in several circumstances:
    • You are late making a payment or commit some other default, triggering an increase to a penalty rate
    • The bank changes the terms of your account and you do not reject the change.
    • The rate expires (if the rate was fixed for only a certain period of time).
  • Fraud: Intentional deception resulting in injury to another.
  • Fraudulent viatical settlement act: includes :

    a. See Delaware Code Title 19 Sec. 3328

  • Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. Source: OCC
  • Fund: means the Unemployment Compensation Fund established by this title to which all assessments required and from which all benefits provided under this chapter shall be paid. See Delaware Code Title 19 Sec. 3302
  • Gas piping: means any arrangement of piping used to convey fuel gas, supplied by 1 meter, and each arrangement of gas piping serving a building, structure, or premises, whether individually metered or not. See Delaware Code Title 24 Sec. 1802
  • Good standing: means meeting the standards of § 3907(a) of this title. See Delaware Code Title 24 Sec. 1831
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Health benefit plan: means any hospital or medical expense policy or certificate, hospital or medical service corporation contract, health maintenance organization or health service corporation subscriber contract or any other similar health contract, including a high deductible medical expense policy used in conjunction with a medical savings account, subject to the jurisdiction of the Commissioner available for use, offered or sold to an individual in the State of Delaware. See Delaware Code Title 19 Sec. 3165
  • HVACR: means heating, ventilation, air conditioning, and refrigeration. See Delaware Code Title 24 Sec. 1802
  • HVACR restricted services: means HVACR services that are limited to 1 of the following specialties:

    a. See Delaware Code Title 24 Sec. 1802

  • HVACR services: means the design, installation, construction, maintenance, service, repair, alteration, or modification of a product or of equipment including gas piping in heating and air conditioning, refrigeration, ventilation, or process cooling or heating systems. See Delaware Code Title 24 Sec. 1802
  • Independent practice: means the practice of clinical social work services by a clinical social work practitioner who assumes responsibility for the nature and quality of the services provided to the client in exchange for direct payment or third-party payment. See Delaware Code Title 24 Sec. 1811
  • Index rate: means , for each class of business as to a rating period for small employers, the arithmetic average of the applicable base premium rate and the corresponding highest premium rate. See Delaware Code Title 19 Sec. 3165
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • insurance policy: means an individual or group policy, group certificate, contract, or arrangement of life insurance owned by a resident of this State, regardless of whether delivered or issued for delivery in this State. See Delaware Code Title 19 Sec. 3328
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • lender: means any person duly licensed or regulated by the Commissioner pursuant to this chapter and, in addition, means any person or class of persons exempt from any or all of the provisions of this chapter in accordance with § 2202(b) of this title, to the extent and for such purposes as determined by the Commissioner in order to effectuate the purposes of this chapter. See Delaware Code Title 5 Sec. 2201
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • License: means , unless the context requires otherwise, a license issued by the Board to practice midwifery. See Delaware Code Title 24 Sec. 1799FF
  • License: means a document issued by the Board of Plumbing, Heating, Ventilation, Air Conditioning and Refrigeration Examiners certifying that the holder has met the requirements of this chapter and is a master plumber, master HVACR licensee, or master HVACR restricted licensee. See Delaware Code Title 24 Sec. 1802
  • License: shall mean any document which indicates that a person is currently licensed by the Board of Dietetics/Nutrition. See Delaware Code Title 24 Sec. 1799MM
  • Licensed clinical social work: includes the provision of individual, marital, couple, family and group counseling, and psychotherapy, as they are related to clinical, therapeutic relationship. See Delaware Code Title 24 Sec. 1831
  • Licensed clinical social worker: shall mean any individual duly licensed under this chapter. See Delaware Code Title 24 Sec. 1811
  • licensed master plumber: means an individual holding a current license to provide plumbing services issued pursuant to this chapter. See Delaware Code Title 24 Sec. 1802
  • Licensee: means an individual licensed under this chapter to practice occupational therapy services. See Delaware Code Title 24 Sec. 2002
  • Licensee: means an individual licensed under this chapter. See Delaware Code Title 24 Sec. 1831
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Life insurance producer: means any person licensed in this State as a resident or nonresident insurance producer who has received qualification or authority for life insurance coverage or a life line of coverage pursuant to Chapter 17 of this title. See Delaware Code Title 19 Sec. 3328
  • Loan: means any single extension of closed end credit. See Delaware Code Title 5 Sec. 2227
  • Master HVACR licensee: means an individual holding a current license pursuant to this chapter to provide heating, ventilation, air conditioning, commercial hood systems, hydronic systems, refrigeration, and gas piping services pursuant to this chapter. See Delaware Code Title 24 Sec. 1802
  • Master HVACR licensee restricted: means an individual holding a current license pursuant to this chapter to provide services pursuant to this chapter in 1 of the following areas:

    a. See Delaware Code Title 24 Sec. 1802

  • Midwifery: means the practice of providing supervision, care, and advice to a client during prepartum, pregnancy, labor, and the postpartum periods, and conducting deliveries on the midwife's own responsibility or in collaboration with a licensed physician, or licensed Delaware health-care delivery system. See Delaware Code Title 24 Sec. 1799FF
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Month: means a calendar month, unless otherwise expressed. See Delaware Code Title 6 Sec. 4307
  • New business premium rate: means , for each class of business as to a rating period, the lowest premium rate charged or offered or which could have been charged or offered by the small employer carrier to small employers with similar case characteristics for newly issued health benefit plans with the same or similar coverage. See Delaware Code Title 19 Sec. 3165
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • nutritionist: shall mean a person who engages in the provision of nutrition services. See Delaware Code Title 24 Sec. 1799MM
  • Oath: includes affirmation in all cases where an affirmation may be substituted for an oath, and "sworn" includes affirmed; and the forms shall be varied accordingly. See Delaware Code Title 6 Sec. 4307
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Occupational therapist: means a person who is licensed to practice occupational therapy under this chapter and offers such services to the public under any title incorporating the words "occupational therapy" "occupational therapist" or any similar title or description of occupational therapy services. See Delaware Code Title 24 Sec. 2002
  • Occupational therapy assistant: means a person licensed to assist in the practice of occupational therapy under the supervision of an occupational therapist. See Delaware Code Title 24 Sec. 2002
  • Occupational therapy services: includes any of the following:

    1. See Delaware Code Title 24 Sec. 2002

  • Originating site: means a site in Delaware at which a patient is located at the time health-care services are provided to him or her by means of telemedicine or telehealth, unless the term is otherwise defined with respect to the provision in which it is used; provided, however, notwithstanding any other provision of law, insurers and providers may agree to alternative siting arrangements deemed appropriate by the parties. See Delaware Code Title 24 Sec. 1811
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: means a corporation, company, association, or partnership, or an individual. See Delaware Code Title 24 Sec. 2002
  • Person: means a legal entity, including an individual, partnership, limited liability company, association, trust, corporation, or other legal entity. See Delaware Code Title 19 Sec. 3328
  • Person-in-environment perspective: means observing human behavior, development, and function in the context of the environment, social functioning, mental health, physical health, or any combination thereof. See Delaware Code Title 24 Sec. 1831
  • plan: means a plan contemplating the extension of credit under an account governed by an agreement between a licensee and a borrower pursuant to which:

    a. See Delaware Code Title 5 Sec. 2214

  • Plan of operation: means the plan of operation of the program established pursuant to § 7210 of this title [repealed]. See Delaware Code Title 19 Sec. 3165
  • Plumber: is a n individual who provides plumbing services. See Delaware Code Title 24 Sec. 1802
  • Plumbing services: means the design, installation, construction, replacement, service, repair, alteration, or modification of the pipes, fixtures, and other apparatus used for bringing the water supply into a building and removing liquid and water-carried wastes from a building. See Delaware Code Title 24 Sec. 1802
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Practice of occupational therapy: means the use of goal-directed activities with individuals who are limited by physical limitations due to injury or illness, psychiatric and emotional disorders, developmental or learning disabilities, poverty and cultural differences, or the aging process, in order to maximize independence, prevent disability, and maintain health. See Delaware Code Title 24 Sec. 2002
  • Practitioner: as used in this chapter , shall mean any individual engaged in the practice of clinical social work. See Delaware Code Title 24 Sec. 1811
  • Premium: means all moneys paid by a small employer and eligible employees as a condition of receiving coverage from a small employer carrier, including any fees or other contributions associated with the health benefit plan. See Delaware Code Title 19 Sec. 3165
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Producer: means agent and/or broker. See Delaware Code Title 19 Sec. 3165
  • Program: means the Delaware Small Employer Reinsurance Program created by § 7210 of this title [repealed]. See Delaware Code Title 19 Sec. 3165
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • qualifying existing coverage: means benefits or coverage provided under:

    a. See Delaware Code Title 19 Sec. 3165

  • Quorum: The number of legislators that must be present to do business.
  • Rating period: means the calendar period for which premium rates established by a small employer carrier are assumed to be in effect. See Delaware Code Title 19 Sec. 3165
  • Recess: A temporary interruption of the legislative business.
  • Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
  • Regular benefits: means benefits payable to an individual under this chapter or under any other state law (including benefits payable to federal civilian employees and to ex-service persons pursuant to 5 U. See Delaware Code Title 19 Sec. 3302
  • Related provider trust: means a titling trust or other trust established by a licensed viatical settlement provider or a financing entity for the sole purpose of holding the ownership or beneficial interest in purchased policies in connection with a financing transaction. See Delaware Code Title 19 Sec. 3328
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Restricted network provision: means any provision of a health benefit plan that conditions the payment of benefits, in whole or in part, on the use of health-care providers that have entered into a contractual arrangement with the carrier pursuant to Chapter 64 of this title or otherwise to provide health-care services to covered individuals. See Delaware Code Title 19 Sec. 3165
  • Revolving credit: A credit agreement (typically a credit card) that allows a customer to borrow against a preapproved credit line when purchasing goods and services. The borrower is only billed for the amount that is actually borrowed plus any interest due. (Also called a charge account or open-end credit.) Source: OCC
  • Risk-assuming carrier: means a small employer carrier whose application is approved by the Commissioner pursuant to § 7209 of this title. See Delaware Code Title 19 Sec. 3165
  • Seller: means a person who sells or contracts to sell goods. See Delaware Code Title 6 Sec. 2-103
  • Sequester: To separate. Sometimes juries are sequestered from outside influences during their deliberations.
  • Service of process: The service of writs or summonses to the appropriate party.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Small employer: means any person, firm, corporation, partnership or association that is actively engaged in business that, on at least 50% of its working days during the preceding calendar quarter, employed no more than 50 eligible employees, the majority of whom were employed within this State. See Delaware Code Title 19 Sec. 3165
  • Small employer carrier: means a carrier that offers health benefit plans covering eligible employees of 1 or more small employers in this State. See Delaware Code Title 19 Sec. 3165
  • Social work: means baccalaureate social work, master's social work, and licensed clinical social work, collectively or, if context demands, individually. See Delaware Code Title 24 Sec. 1831
  • Social worker: means baccalaureate social worker, master's social worker, and licensed clinical social worker, collectively or, if context demands, individually. See Delaware Code Title 24 Sec. 1831
  • Special purpose entity: means a corporation, partnership, trust, limited liability company or other similar entity formed solely to provide either directly or indirectly access to institutional capital markets:

    a. See Delaware Code Title 19 Sec. 3328

  • Standard health benefit plan: means a health benefit plan developed pursuant to § 7211 of this title. See Delaware Code Title 19 Sec. 3165
  • States: includes , in addition to the states of the United States of America, the District of Columbia, the Commonwealth of Puerto Rico and Virgin Islands. See Delaware Code Title 19 Sec. 3302
  • Statute: A law passed by a legislature.
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Store and forward transfer: means the transmission of a patient's medical information either to or from an originating site or to or from the provider at the distant site, but does not require the patient being present nor must it be in real time. See Delaware Code Title 24 Sec. 1811
  • Subpoena: A command to a witness to appear and give testimony.
  • subsidiaries: shall include , in addition to those such corporations where the insurer owns a majority of their stock, those corporations formed or acquired by an insurer where it owns less than a majority of such corporation's voting stock due to the laws of a foreign national which require the insurer to own less than a majority of the voting stock of such subsidiary insurance corporation if it is to operate in that nation. See Delaware Code Title 18 Sec. 3303
  • Substantially related: means the nature of the criminal conduct, for which the person was convicted, has a direct bearing on the fitness or ability to perform 1 or more of the duties or responsibilities necessarily related to the provision of dietetics/nutrition therapy services. See Delaware Code Title 24 Sec. 1799MM
  • Substantially related: means the nature of the criminal conduct, for which the person was convicted, has a direct bearing on the fitness or ability to perform 1 or more of the duties or responsibilities necessarily related to the work of a master plumber, master HVACR licensee, or master HVACR licensee restricted. See Delaware Code Title 24 Sec. 1802
  • Substantially related: means the nature of the criminal conduct, for which the person was convicted, has a direct bearing on the fitness or ability to perform 1 or more of the duties or responsibilities necessarily related to clinical social work. See Delaware Code Title 24 Sec. 1811
  • Substantially related: means the nature of the criminal conduct for which a person was convicted has a direct bearing on the fitness or ability to perform 1 or more of the duties or responsibilities necessarily related to the practice of occupational therapy. See Delaware Code Title 24 Sec. 2002
  • Supervision: means control and oversight by a master licensee who is an owner or full-time employee of the entity providing services. See Delaware Code Title 24 Sec. 1802
  • Supervision: means the professional relationship between a clinical supervisor and a social worker that provides evaluation and direction over the services that the social worker provides and promotes continued development of the social worker's knowledge, skills, and abilities to provide social work services in an ethical and competent manner. See Delaware Code Title 24 Sec. 1831
  • Telehealth: means the use of information and communications technologies consisting of telephones, remote patient monitoring devices or other electronic means which support clinical health care, provider consultation, patient and professional health-related education, public health, health administration, and other services as described in regulation. See Delaware Code Title 24 Sec. 1811
  • Telemedicine: means a form of telehealth which is the delivery of clinical health-care services by means of real time 2-way audio, visual, or other telecommunications or electronic communications, including the application of secure video conferencing or store and forward transfer technology to provide or support health-care delivery, which facilitate the assessment, diagnosis, consultation, treatment, education, care management and self-management of a patient's health care by a licensee practicing within his or her scope of practice as would be practiced in-person with a patient and with other restrictions as defined in regulation. See Delaware Code Title 24 Sec. 1811
  • Terminally ill: means having an illness or sickness that can reasonably be expected to result in death in 24 months or fewer. See Delaware Code Title 19 Sec. 3328
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • Unhealthy lifestyle choices: means smoking or maintaining excessive weight, blood pressure or cholesterol, other than due to organic causes that are being treated by a physician, as those conditions or actions may be more fully defined by regulation by the Commissioner. See Delaware Code Title 19 Sec. 3165
  • United States: includes its territories and possessions and the District of Columbia. See Delaware Code Title 6 Sec. 4307
  • United States: includes the states, the District of Columbia and the Commonwealth of Puerto Rico. See Delaware Code Title 19 Sec. 3302
  • valid claim: is a ny claim for benefits made in accordance with § 3317 of this title if the individual has been paid wages for employment required under § 3315(5) of this title. See Delaware Code Title 19 Sec. 3302
  • Venue: The geographical location in which a case is tried.
  • Viatical settlement broker: means a person, including a life insurance producer as provided for in § 7503 of this title, who working exclusively on behalf of a viator and for a fee, commission or other valuable consideration offers or attempts to negotiate viatical settlement contracts between a viator and 1 or more viatical settlement providers or 1 or more viatical settlement brokers. See Delaware Code Title 19 Sec. 3328
  • Viatical settlement contract: includes a premium finance loan made for a life insurance policy by a lender to viator on, before, or after the date of issuance of the policy where any of the following are met:

    1. See Delaware Code Title 19 Sec. 3328

  • Viatical settlement provider: means a person, other than a viator, that enters into or effectuates a viatical settlement contract with a viator resident in this State. See Delaware Code Title 19 Sec. 3328
  • Viatical settlement purchaser: means a person who provides a sum of money as consideration for a life insurance policy or an interest in the death benefits of a life insurance policy, or a person who owns or acquires or is entitled to a beneficial interest in a trust that owns a viatical settlement contract or is the beneficiary of a life insurance policy that has been or will be the subject of a viatical settlement contract, for the purpose of deriving an economic benefit. See Delaware Code Title 19 Sec. 3328
  • Viaticated policy: means a life insurance policy or certificate that has been acquired by a viatical settlement provider pursuant to a viatical settlement contract. See Delaware Code Title 19 Sec. 3328
  • Viator: means the owner of a life insurance policy or a certificate holder under a group policy who resides in this State and enters or seeks to enter into a viatical settlement contract. See Delaware Code Title 19 Sec. 3328
  • Wages: means all remuneration for personal services, including commissions, bonuses, dismissal payments, holiday pay, back pay awards and the cash value of all remuneration in any medium other than cash. See Delaware Code Title 19 Sec. 3302
  • Waiting period: means , with respect to a group health plan and an individual who is a potential participant in or beneficiary of the plan, the period that must pass with respect to the individual before the individual is eligible for benefits under the terms of the plan. See Delaware Code Title 19 Sec. 3165
  • Week: means calendar week, ending at midnight Saturday, but all work performed and wages earned during a working shift which starts before midnight Saturday shall be included in the week in which such shift begins. See Delaware Code Title 19 Sec. 3302
  • Work: means service, including service in interstate commerce, performed for wages or under any contract of hire, written or oral, express or implied. See Delaware Code Title 19 Sec. 3302
  • Year: means a calendar year, and is equivalent to the words "year of our Lord. See Delaware Code Title 6 Sec. 4307