HB 173 — AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO PRISONS AND PRISONERS.

(2) Review and monitor the quality and appropriateness of health-care services rendered in Delaware's adult correctional facilities;.

(3) Review critical incident and mortality and morbidity review reports;.

(4) Receive and review monthly summaries of inmate, staff, public, and other health-care related grievances and the resolutions of these grievances in order to be fully appraised of the state of health-care services in Delaware's adult correction facilities;.

(5) Receive and review monthly reports of inmate hospital admissions and infectious disease diagnoses, such as hepatitis C, tuberculosis, human immunodeficiency virus (HIV), methicillin resistant staphylococcus aureus (MRSA), and meningitis, from all adult correction facilities;.

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06/03/2019 12:35 PM (6) Have access to any and all otherwise protected health-care information relating to current and former inmates supervised by the Department of Correction notwithstanding any other statute to the contrary.;

and (7) Review and adviseAdvise the Governor, the General Assembly, and the Commissioner of the Department of Correction on any other matters relating to adult inmate health care that the Committee considers reasonable and worthwhile including, but not limited to, all of the following:

a. Assurance that all inmates receive appropriate and timely services in a safe environment;.

b. Systematic monitoring of the treatment environment;.

c. Assisting in the reduction of professional and general liability risks;.

d. Enhancing efficient utilization of resources;.

e. Assisting in credential review;.

f. Enhancing the identification of continuing educational needs;.

g. Facilitating the identification of strengths, weaknesses, and opportunities for improvement;.

h. Facilitating the coordination and integration of information systems;.

and i. Assuring the resolution of identified problems.

j.

Changes considered necessary by the Committee.

(o) The Committee may request the appearance of any contractor providing medical services to an inmate under the direction of the Department of Correction at a Committee meeting in order to provide information to the Committee.

(gp) The Committee shall refer to the appropriate licensing board grievance cases in which there is a serious deviation from the community standard of care by a health-care worker or other employee of a prison health-care contractor, if the health-care worker or other employee's profession or occupation is governed under Title 24.

(hq) The Department of Correction shall forward copies of National Commission of Correctional Health Care (NCCHC) and American Correctional Association (ACA) surveys, reports, and evaluations to the Committee upon their request.

Whenever a survey, evaluation, or similar act is conducted by or on behalf of NCCHC or ACA, the Committee may be contacted and be allowed to contribute to the survey, evaluation, or other activity.

The transmission of documents in the possession of the Department of Correction to the Committee shall not be considered a waiver of any statutory or common law privilege.

(r) All of the following shall be provided to the Committee at the Committee’s request:

(1) Autopsy reports of inmates who have died while incarcerated within the control of the Department of Safety and Homeland Security.

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06/03/2019 12:35 PM 82 (2) Evaluations performed by the Delaware Psychiatric Center of an inmate within the control of the Department of Health and Social Services except those records protected by 42 C.F.R.

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(3) Inmate medical services records in the custody of the Department of Correction.

(4) Records of a contractor providing medical services to an inmate under the direction of the Department of Correction.

(Is) Any document received or generated by the Committee is hereby specifically excluded from the definition of public record as set forth at § 10002 of Title 29.

(t) All Committee members must abide by federal and state laws regarding privacy of protected health information.

In addition any other remedies available under federal and state law, any person aggrieved by a violation of this paragraph shall have a right of action in the Superior Court and may recover for each violation all of the following:

(1) Against any person who intentionally or recklessly violates a provision of this paragraph, damages of $5,000 or actual damages, whichever is greater.

(2) Reasonable attorneys’ fees.

(3) Such other relief, including an injunction, as a court may deem appropriate.

(ju) This section is intended only to provide ongoing independent review, monitoring, advice, and critique of the provision of health care services to inmates within the custody of the Department of Correction.

Accordingly, nothing in this chapter shall give rise to any right, entitlement or a private cause of action for civil damages or injunctive relief for any public or private party.

(kv) The Committee shall submit a report by December 31 of each year to the Governor, and the General Assembly and the Commissioner of the Department of Correction on the state of inmate health care services in Delaware's adult correction system by delivering a copy to the Governor, and the Clerks of the House of Representatives and the Senate, and the Commissioner of the Department of Correction.

SYNOPSIS This bill makes changes to the Adult Correction Healthcare Review Committee by adding the chairpersons of the House and Senate Correction committees as ex-officio non-voting members.

This bill also places this Committee within the Criminal Justice Council so the Committee has the administrative support it needs to effectuate its purpose.

This bill also tasks the Committee with advising not only the Commissioner of the Department of Correction but also the Governor and the General Assembly on matters concerning inmate health-care services in our State’s correctional institutions.

This bill makes clear that certain State agencies and contractors providing medical services to inmates must provide information requested by the Committee.

This Committee is not a public body, and the bill emphasizes that Committee members must abide by federal and state laws regarding the privacy of protected health information and provides penalties for violations of the privacy of such information.

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