SB 88 — AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE DELAWARE HEALTH INFORMATION NETWORK AND THE PROTECTION AND USE OF INFORMATION.

Summary

This Act is the result of the 2019 report of the Joint Legislative Oversight and Sunset Committee’s task force under Senate Resolution No. 9 of the 150th General Assembly, which recommended permitting the Delaware Health Information Network (“DHIN”) to use clinical healthcare data in its possession for appropriate analytic and public health purposes. This Act largely tracks current law regarding the use of health care claims data that DHIN holds. It requires DHIN to promulgate regulations to permit appropriate health-care payers, providers, purchasers, or researchers to access clinical data in DHIN’s possession under terms and conditions that DHIN and its Board of Directors establish. This Act maintains and enhances language that requires DHIN to disclose individually-identifiable patient information only with direct patient consent or for purposes permitted by the federal Health Insurance Portability and Accountability Act of 1996 and associated regulations (“HIPAA”). This Act also provides additional protections to consumers, by codifying DHIN’s general practice of providing Delaware residents with access to their own health information and requiring DHIN to promulgate regulations giving residents the ability to require DHIN to provide that health information to third parties under appropriate terms and conditions. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

Bill Text

• Bill Text View text Current pdf

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This bill amends existing law to enhance the Delaware Health Information Network's regulations regarding the protection, use, and access to health information.

• § 10307

  be → is

  Clarifies the language to ensure patient-specific health information is disclosed only with consent or in the patient's best interest.

• § 10307

  may only be disclosed may be disclosed → may be disclosed

  Streamlines the language regarding conditions under which information may be disclosed.

• § 10307

  A violation of the DHIN’s rules or regulations regarding access or misuse of the DHIN health information or data shall health information or data held by DHIN must be reported to the office of the Attorney General, and is subject to prosecution and penalties under the Delaware Criminal Code or federal law. → health information or data held by DHIN must be reported to the office of the Attorney General, and is subject to prosecution and penalties under the Delaware Criminal Code or federal law.

  Updates and clarifies the enforcement provisions related to violations of rules regarding DHIN health information.

• § 10307

  by rule or regulation provide a Delaware resident with access to the resident’s own health information → by rule or regulation provide a Delaware resident with access to the resident’s own health information that is in DHIN’s possession,

  Specifies that access to residents' health information will be contingent on existing federal laws and the DHIN's contracts.

• § 10307

  by rule or regulation provide a health-care payer, provider, purchaser, or researcher with access to clinical data in DHIN’s possession, if and to the extent that the access is permitted by Health Insurance Portability and Accountability Act of 1996 [P.L. 104-191] and DHIN’s contract with the relevant data sending organizations. → by rule or regulation provide a health-care payer, provider, purchaser, or researcher with access to clinical data in DHIN’s possession, if and to the extent that the access is permitted by Health Insurance Portability and Accountability Act of 1996 [P.L. 104-191] and DHIN’s contract with the relevant data sending organizations.

  Reiterates the conditions under which clinical data access is provided.

• § 10307

  must go through Board or subcommittee review. → must go through Board or subcommittee review.

  Clarifies the process required before releasing identifiable data.

Action History

1. September 10, 2021

   Signed by Governor

2. June 08, 2021

   Passed By House. Votes: 41 YES

3. June 03, 2021

   Suspension of Rules in House

4. May 19, 2021

   Reported Out of Committee (Sunset Committee (Policy Analysis & Government Accountability)) in House with 2 Favorable, 3 On Its Merits

5. April 21, 2021

   Assigned to Sunset Committee (Policy Analysis & Government Accountability) Committee in House

6. April 20, 2021

   Passed By Senate. Votes: 21 YES

7. March 31, 2021

   Reported Out of Committee (Legislative Oversight & Sunset) in Senate with 4 Favorable, 1 On Its Merits

8. March 18, 2021

   Introduced and Assigned to Legislative Oversight & Sunset Committee in Senate

Sponsors

• Kyle Evans Gay · Primary
• Stephanie L. Hansen · Cosponsor
• Spiros Mantzavinos · Cosponsor
• Brian Pettyjohn · Cosponsor
• Marie Pinkney · Cosponsor
• Bryant L. Richardson · Cosponsor
• Krista Griffith · Cosponsor
• Kendra Johnson · Cosponsor
• Jeffrey N. Spiegelman · Cosponsor
• Lyndon D. Yearick · Cosponsor
• Sherry Dorsey Walker · Primary

Votes

Subjects