Delaware Senate Bill 201 (Prior Session Legislation)

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Spectrum: Moderate Partisan Bill (Democrat 10-3)
Status: Introduced on January 26 2010 - 25% progression, died in committee
Action: 2010-01-26 - Assigned to Public Safety Committee in Senate
Pending: Senate Public Safety Committee
Text: Latest bill text (Draft #1) [HTML]

This Bill enacts the recommendations of the Board of Directors of the nationally recognized Delaware Health Information Network (DHIN) for a permanent governance structure as it transitions from its developmental phase to its operational phase. The recommendations were developed by a formal committee of the DHIN Board that had virtually all stakeholders in Delaware medical services represented, including patient advocates. The committee was itself an extension of several years of careful consideration and debate by those same stakeholders. The legislation keeps intact the current Board, the DHIN’s assets, its rules and its regulations with certain specific changes designed to enable the DHIN to proceed effectively and efficiently as it implements the many years of development effort. Specific changes include: 1. Removing the DHIN from the organizational structure of the Health Care Commission and establishing it as a not-for-profit, public/private corporation. 2. Retaining representation on the Board for OMB, DHSS, DOI and DTI, deleting representation of DPH, which is part of DHSS, and adding the Controller General. It also retains representation on the Board for representatives of Delaware’s health consumers, hospitals, physicians, businesses, health insurers, and other health care services or providers. 3. Providing for a smooth transition from the existing Board to the new Board. 4. Providing that the DHIN may adopt and amend its own rules and regulations. 5. In “powers and duties”, the bill provides that: a. the DHIN shall “maintain” the health information network, as well as develop it; b. the DHIN shall make reports and recommendations to the Governor and General Assembly; c. the DHIN shall perform activities in furtherance of it mission and as directed by the Governor and General Assembly; and d. the other powers and duties enumerated in the current statute remains in the statute. 6. Providing that the DHIN is granted all incidental powers including contracting with others and employing staff not subject to Title 29, Chapters 69 and 59 respectively. 7. Maintaining the same immunity from suit and limitations of liability as in the current statute and establishing -the DHIN as the “State-sanctioned provider of health information services that are deemed to be essential to governmental function for public health and safety.” 8. Providing that all rules and regulations relating to the DHIN promulgated by the Health Care Commission shall remain in full force and effect until amended by the DHIN. 9. Maintaining all provisions of the current statute relating to the protection of the privacy of patient specific health information.

An Act To Amend Title 16 Chapter 99 Of The Delaware Code Relating To The Delaware Health Information Network.

Rep. Michael Barbieri [D]	Rep. Edward Bennett [D]	Sen. Brian Bushweller [D]	Sen. Catherine Cloutier [R]
Sen. Bruce Ennis [D]	Rep. Robert Gilligan [D]	Sen. Margaret Henry [D]	Rep. Valerie Longhurst [D]
Rep. Teresa Schooley [D]	Rep. Darryl Scott [D]	Rep. Bryon Short [D]	Rep. Daniel Short [R]
Sen. Gary Simpson [R]

Date	Chamber	Action
2010-01-26		Assigned to Public Safety Committee in Senate

Type	Source
Summary	http://legis.delaware.gov/LIS/lis145.nsf/2bede841c6272c888025698400433a04/068480d719b7d389852576aa0075f029?OpenDocument
Text	http://legis.delaware.gov/LIS/lis145.nsf/vwLegislation/SB+201/$file/legis.html?open