Subchapter III. Confidentiality of Personal Health Information
§ 1230. Definitions.
As used in this subchapter, the following terms shall have the following meanings:
(1) "Expunge" or "expunged" means to permanently destroy, delete or make nonidentifiable.
(2) "Informed consent" means a written authorization for the disclosure of protected health information on a form substantially
similar to one promulgated by the Department of Health and Social Services which is signed in writing or electronically by
the individual who is the subject of the information. This authorization shall be dated and shall specify to whom the disclosure
is authorized, the general purpose for such disclosure, and the time period in which the authorization for the disclosure
is effective.
(3) "Legitimate public health purpose" means a population-based activity or individual effort primarily aimed at the prevention
of injury, disease or premature mortality or the promotion of health in the community, including:
a. Assessing the health needs of the community through public health surveillance and epidemiological research;
b. Developing public health policy;
c. Responding to public health needs and emergencies;
d. Review by the Child Death, Near Death and Still Birth Commission; and
e. Requests for hospital records by the Division of Long Term Care Residents' Protection pursuant to § 1232 of this title.
(4) "Protected health information" means any information, whether oral, written, electronic, visual, pictorial, physical or
any other form, that relates to an individual's past, present or future physical or mental health status, condition, treatment,
service, products purchased, or provision of care and that reveals the identity of the individual whose health care is the
subject of the information, or about which there is a reasonable basis to believe such information could be utilized (either
alone or with other information that is or should reasonably be known to be available to predictable recipients of such information)
to reveal the identity of that individual.
(5) "Research" means a systematic investigation, including research development, testing and evaluation, designed to develop
or contribute to generalizable knowledge.
73 Del. Laws, c. 355, § 12; 75 Del. Laws, c. 361, § 4; 75 Del. Laws, c. 387, § 3; 77 Del. Laws, c. 307, § 1.;
§ 1231. Use of protected health information.
(a) Protected health information collected by the Department of Health and Social Services and/or its agencies and by the
Child Death, Near Death, and Still Birth Commission shall be used solely for legitimate public health purposes.
(b) Nonidentifiable health information shall be used by the Department of Health and Social Services and its agencies whenever
possible consistent with the accomplishment of legitimate public health purposes.
(c) Any use of protected health information permitted by this subchapter shall be limited to the minimum amount of information
which the official using the information reasonably believes is necessary to accomplish the legitimate public health purpose.
(d) Protected health information shall not be used by the State for commercial purposes.
(e) Protected health information whose use no longer furthers the legitimate public health purpose for which it was acquired
shall be expunged.
73 Del. Laws, c. 355, § 12; 75 Del. Laws, c. 361, § 5.;
§ 1232. Disclosure of protected health information.
(a) General privacy protection. -- Protected health information is not public information as defined at § 10002 of Title 29
and may not be disclosed without the informed consent of the individual (or the individual's lawful representative) who is
the subject of the information except as expressly provided by statute. Whenever disclosure of protected health information
is made pursuant to this subchapter, such disclosure shall be accompanied by a statement concerning the Department of Health
and Social Services' disclosure policy.
(b) Scope of disclosure. -- Protected health information shall be disclosed with the informed consent of the individual who
is the subject of the information to any person and for any purpose for which the disclosure is authorized pursuant to informed
consent.
(c) Nonidentifiable information. -- Any disclosure of protected health information permitted by this subchapter shall be disclosed
in a nonidentifiable form whenever possible, consistent with the accomplishment of legitimate public health purposes, except
when the disclosure is authorized through the informed consent of the person who is the subject of the information. Any disclosures
of protected health information permitted by this subchapter shall also be limited to the minimum amount of information which
the person making the disclosure reasonably believes is necessary to accomplish the purpose of the disclosure, except when
the disclosure is authorized through the informed consent of the individual who is the subject of the information.
(d) Disclosure without informed consent. -- Protected health information may be disclosed without the informed consent of
the individual who is the subject of the information where such disclosures are made:
(1) Directly to the individual;
(2) To appropriate federal agencies or authorities as required by federal or state law and for law-enforcement purposes in
accordance with 45 C.F.R. Parts 160, 162, and 164;
(3) To health care personnel to the extent necessary in an emergency to protect the health or life of the person who is the
subject of the information from serious, imminent harm;
(4) To the public safety authority during a public health emergency in accord with the uses described in § 1231 of this subchapter;
(5) In the course of any judicial or administrative proceeding in accordance with 45 C.F.R. Parts 160, 162, and 164, or pursuant
to a court order to avert a clear danger to the individual or the public health;
(6) To the Child Death, Near Death and Still Birth Commission;
(7) To the Division of Long Term Care Residents' Protection in cases where the Division is engaged in an investigation or
survey involving the care or treatment of an individual at a facility licensed by the Division, and the individual has been
admitted to a hospital from the facility or discharged from a hospital to the facility. The Division of Long Term Care Residents
Protection is an entity charged with helping to safeguard the health and safety of patients. It shall be recognized as a "public
health authority" and as a "health oversight agency," and it shall be recognized in the performance of its functions as a
peer review organization or auditor or evaluator with respect to such aspects of health care delivery systems or providers;
(8) Pursuant to § 2005 of this title;
(9) For research, regardless of the source of funding of the research, provided that the researcher provides documentation
that an alteration to or waiver, in whole or in part, of the individual authorization required by subsection (a) of this section
for use or disclosure of protected health information has been approved by the applicable privacy board in accordance with
HIPAA regulations. Said approval shall not be granted until the Board has determined all of the following:
a. The use or disclosure of protected health information involves no more than a minimal risk to the privacy of individuals,
based on, at least, the presence of the following elements:
1. An adequate plan to protect the identifiers from improper use and disclosure;
2. An adequate plan to destroy the identifiers at the earliest opportunity consistent with conduct of the research, unless
there is a health or research justification for retaining the identifiers or such retention is otherwise required by law;
and
3. Adequate written assurances that the protected health information will not be reused or disclosed to any other person or
entity, except as required by law, for authorized oversight of the research study, or for other research for which the use
or disclosure of protected health information would be permitted by this subpart;
b. The research could not practicably be conducted without the waiver or alteration; and
c. The research could not practicably be conducted without access to and use of the protected health information;
(10) For patient treatment and care coordination, defined as the provision, coordination, or management of health care and
related services by 1 or more health care providers, including the coordination or management of health care by a health care
provider with a third party; consultation between health care providers relating to a patient; or the referral of a patient
for health care from one health care provider to another; or
(11) To a health plan, health care clearinghouse, business associate, or health care provider, as each is defined by 45 C.F.R.
Part 160, to use only in accordance with federal law for transactions that transmit information between 2 parties to carry
out financial or administrative activities related to health care, health care operations, and health insurance, as set forth
in 45 C.F.R Parts 160, 162, and 164.
(e) Deceased individuals. -- Nothing in this subchapter shall prohibit the disclosure of protected health information:
(1) In a certificate of death, autopsy report or related documents prepared under applicable laws or regulations;
(2) For the purposes of identifying a deceased individual;
(3) For the purposes of determining a deceased individual's manner of death by a medical examiner; or
(4) To provide necessary information about a deceased individual who is a donor or prospective donor of an anatomical gift.
(f) Informed consent by others. -- When an individual who is the subject of protected health information is not competent
or is otherwise legally unable to give informed consent for the disclosure of protected health information, informed consent
may be given by the individual's parents, legal guardians or other persons lawfully authorized to make health care decisions
for the individual.
(g) Secondary disclosures. -- No person to whom protected health information has been disclosed pursuant to this subchapter
shall disclose the information to another person except as authorized by this subchapter. This section shall not apply to:
(1) The individual who is the subject of the information;
(2) The individual's parents, legal guardians or other persons lawfully authorized to make health care decisions for the individual
where the individual who is the subject of the information is unable to give legal consent pursuant to subsection (f) of this
section; or
(3) Any person who is specifically required by federal or state law to disclose the information.
(h) Upon written request of an individual to a medical laboratory for a copy of the results of a laboratory examination of
that individual, the medical laboratory shall provide a copy of those results that are sought to that individual. The medical
laboratory may require a reasonable copying fee for copying and transmitting the records.
(i) The Child Death, Near Death and Still Birth Commission is an entity charged with helping to safeguard the health and safety
of children. It shall be recognized as a "health oversight agency", and as a "public health authority", and it shall be recognized
in the performance of its functions as a peer review organization or auditor or evaluator with respect to any aspect of health
care delivery systems or providers.
73 Del. Laws, c. 355, § 12; 75 Del. Laws, c. 329, § 1; 75 Del. Laws, c. 361, §§ 6, 7; 75 Del. Laws, c. 387, § 4; 76 Del. Laws, c. 292, § 3; 77 Del. Laws, c. 307, §§ 2-4; 77 Del. Laws, c. 392, §§ 1-4.;
§ 1233. Regulations.
The Department of Health and Social Services shall enforce this subchapter and shall from time to time promulgate any additional
forms and regulations that are necessary for this purpose.
Subchapter III. Confidentiality of Personal Health Information
§ 1230. Definitions.
As used in this subchapter, the following terms shall have the following meanings:
(1) "Expunge" or "expunged" means to permanently destroy, delete or make nonidentifiable.
(2) "Informed consent" means a written authorization for the disclosure of protected health information on a form substantially
similar to one promulgated by the Department of Health and Social Services which is signed in writing or electronically by
the individual who is the subject of the information. This authorization shall be dated and shall specify to whom the disclosure
is authorized, the general purpose for such disclosure, and the time period in which the authorization for the disclosure
is effective.
(3) "Legitimate public health purpose" means a population-based activity or individual effort primarily aimed at the prevention
of injury, disease or premature mortality or the promotion of health in the community, including:
a. Assessing the health needs of the community through public health surveillance and epidemiological research;
b. Developing public health policy;
c. Responding to public health needs and emergencies;
d. Review by the Child Death, Near Death and Still Birth Commission; and
e. Requests for hospital records by the Division of Long Term Care Residents' Protection pursuant to § 1232 of this title.
(4) "Protected health information" means any information, whether oral, written, electronic, visual, pictorial, physical or
any other form, that relates to an individual's past, present or future physical or mental health status, condition, treatment,
service, products purchased, or provision of care and that reveals the identity of the individual whose health care is the
subject of the information, or about which there is a reasonable basis to believe such information could be utilized (either
alone or with other information that is or should reasonably be known to be available to predictable recipients of such information)
to reveal the identity of that individual.
(5) "Research" means a systematic investigation, including research development, testing and evaluation, designed to develop
or contribute to generalizable knowledge.
73 Del. Laws, c. 355, § 12; 75 Del. Laws, c. 361, § 4; 75 Del. Laws, c. 387, § 3; 77 Del. Laws, c. 307, § 1.;
§ 1231. Use of protected health information.
(a) Protected health information collected by the Department of Health and Social Services and/or its agencies and by the
Child Death, Near Death, and Still Birth Commission shall be used solely for legitimate public health purposes.
(b) Nonidentifiable health information shall be used by the Department of Health and Social Services and its agencies whenever
possible consistent with the accomplishment of legitimate public health purposes.
(c) Any use of protected health information permitted by this subchapter shall be limited to the minimum amount of information
which the official using the information reasonably believes is necessary to accomplish the legitimate public health purpose.
(d) Protected health information shall not be used by the State for commercial purposes.
(e) Protected health information whose use no longer furthers the legitimate public health purpose for which it was acquired
shall be expunged.
73 Del. Laws, c. 355, § 12; 75 Del. Laws, c. 361, § 5.;
§ 1232. Disclosure of protected health information.
(a) General privacy protection. -- Protected health information is not public information as defined at § 10002 of Title 29
and may not be disclosed without the informed consent of the individual (or the individual's lawful representative) who is
the subject of the information except as expressly provided by statute. Whenever disclosure of protected health information
is made pursuant to this subchapter, such disclosure shall be accompanied by a statement concerning the Department of Health
and Social Services' disclosure policy.
(b) Scope of disclosure. -- Protected health information shall be disclosed with the informed consent of the individual who
is the subject of the information to any person and for any purpose for which the disclosure is authorized pursuant to informed
consent.
(c) Nonidentifiable information. -- Any disclosure of protected health information permitted by this subchapter shall be disclosed
in a nonidentifiable form whenever possible, consistent with the accomplishment of legitimate public health purposes, except
when the disclosure is authorized through the informed consent of the person who is the subject of the information. Any disclosures
of protected health information permitted by this subchapter shall also be limited to the minimum amount of information which
the person making the disclosure reasonably believes is necessary to accomplish the purpose of the disclosure, except when
the disclosure is authorized through the informed consent of the individual who is the subject of the information.
(d) Disclosure without informed consent. -- Protected health information may be disclosed without the informed consent of
the individual who is the subject of the information where such disclosures are made:
(1) Directly to the individual;
(2) To appropriate federal agencies or authorities as required by federal or state law and for law-enforcement purposes in
accordance with 45 C.F.R. Parts 160, 162, and 164;
(3) To health care personnel to the extent necessary in an emergency to protect the health or life of the person who is the
subject of the information from serious, imminent harm;
(4) To the public safety authority during a public health emergency in accord with the uses described in § 1231 of this subchapter;
(5) In the course of any judicial or administrative proceeding in accordance with 45 C.F.R. Parts 160, 162, and 164, or pursuant
to a court order to avert a clear danger to the individual or the public health;
(6) To the Child Death, Near Death and Still Birth Commission;
(7) To the Division of Long Term Care Residents' Protection in cases where the Division is engaged in an investigation or
survey involving the care or treatment of an individual at a facility licensed by the Division, and the individual has been
admitted to a hospital from the facility or discharged from a hospital to the facility. The Division of Long Term Care Residents
Protection is an entity charged with helping to safeguard the health and safety of patients. It shall be recognized as a "public
health authority" and as a "health oversight agency," and it shall be recognized in the performance of its functions as a
peer review organization or auditor or evaluator with respect to such aspects of health care delivery systems or providers;
(8) Pursuant to § 2005 of this title;
(9) For research, regardless of the source of funding of the research, provided that the researcher provides documentation
that an alteration to or waiver, in whole or in part, of the individual authorization required by subsection (a) of this section
for use or disclosure of protected health information has been approved by the applicable privacy board in accordance with
HIPAA regulations. Said approval shall not be granted until the Board has determined all of the following:
a. The use or disclosure of protected health information involves no more than a minimal risk to the privacy of individuals,
based on, at least, the presence of the following elements:
1. An adequate plan to protect the identifiers from improper use and disclosure;
2. An adequate plan to destroy the identifiers at the earliest opportunity consistent with conduct of the research, unless
there is a health or research justification for retaining the identifiers or such retention is otherwise required by law;
and
3. Adequate written assurances that the protected health information will not be reused or disclosed to any other person or
entity, except as required by law, for authorized oversight of the research study, or for other research for which the use
or disclosure of protected health information would be permitted by this subpart;
b. The research could not practicably be conducted without the waiver or alteration; and
c. The research could not practicably be conducted without access to and use of the protected health information;
(10) For patient treatment and care coordination, defined as the provision, coordination, or management of health care and
related services by 1 or more health care providers, including the coordination or management of health care by a health care
provider with a third party; consultation between health care providers relating to a patient; or the referral of a patient
for health care from one health care provider to another; or
(11) To a health plan, health care clearinghouse, business associate, or health care provider, as each is defined by 45 C.F.R.
Part 160, to use only in accordance with federal law for transactions that transmit information between 2 parties to carry
out financial or administrative activities related to health care, health care operations, and health insurance, as set forth
in 45 C.F.R Parts 160, 162, and 164.
(e) Deceased individuals. -- Nothing in this subchapter shall prohibit the disclosure of protected health information:
(1) In a certificate of death, autopsy report or related documents prepared under applicable laws or regulations;
(2) For the purposes of identifying a deceased individual;
(3) For the purposes of determining a deceased individual's manner of death by a medical examiner; or
(4) To provide necessary information about a deceased individual who is a donor or prospective donor of an anatomical gift.
(f) Informed consent by others. -- When an individual who is the subject of protected health information is not competent
or is otherwise legally unable to give informed consent for the disclosure of protected health information, informed consent
may be given by the individual's parents, legal guardians or other persons lawfully authorized to make health care decisions
for the individual.
(g) Secondary disclosures. -- No person to whom protected health information has been disclosed pursuant to this subchapter
shall disclose the information to another person except as authorized by this subchapter. This section shall not apply to:
(1) The individual who is the subject of the information;
(2) The individual's parents, legal guardians or other persons lawfully authorized to make health care decisions for the individual
where the individual who is the subject of the information is unable to give legal consent pursuant to subsection (f) of this
section; or
(3) Any person who is specifically required by federal or state law to disclose the information.
(h) Upon written request of an individual to a medical laboratory for a copy of the results of a laboratory examination of
that individual, the medical laboratory shall provide a copy of those results that are sought to that individual. The medical
laboratory may require a reasonable copying fee for copying and transmitting the records.
(i) The Child Death, Near Death and Still Birth Commission is an entity charged with helping to safeguard the health and safety
of children. It shall be recognized as a "health oversight agency", and as a "public health authority", and it shall be recognized
in the performance of its functions as a peer review organization or auditor or evaluator with respect to any aspect of health
care delivery systems or providers.
73 Del. Laws, c. 355, § 12; 75 Del. Laws, c. 329, § 1; 75 Del. Laws, c. 361, §§ 6, 7; 75 Del. Laws, c. 387, § 4; 76 Del. Laws, c. 292, § 3; 77 Del. Laws, c. 307, §§ 2-4; 77 Del. Laws, c. 392, §§ 1-4.;
§ 1233. Regulations.
The Department of Health and Social Services shall enforce this subchapter and shall from time to time promulgate any additional
forms and regulations that are necessary for this purpose.
Subchapter III. Confidentiality of Personal Health Information
§ 1230. Definitions.
As used in this subchapter, the following terms shall have the following meanings:
(1) "Expunge" or "expunged" means to permanently destroy, delete or make nonidentifiable.
(2) "Informed consent" means a written authorization for the disclosure of protected health information on a form substantially
similar to one promulgated by the Department of Health and Social Services which is signed in writing or electronically by
the individual who is the subject of the information. This authorization shall be dated and shall specify to whom the disclosure
is authorized, the general purpose for such disclosure, and the time period in which the authorization for the disclosure
is effective.
(3) "Legitimate public health purpose" means a population-based activity or individual effort primarily aimed at the prevention
of injury, disease or premature mortality or the promotion of health in the community, including:
a. Assessing the health needs of the community through public health surveillance and epidemiological research;
b. Developing public health policy;
c. Responding to public health needs and emergencies;
d. Review by the Child Death, Near Death and Still Birth Commission; and
e. Requests for hospital records by the Division of Long Term Care Residents' Protection pursuant to § 1232 of this title.
(4) "Protected health information" means any information, whether oral, written, electronic, visual, pictorial, physical or
any other form, that relates to an individual's past, present or future physical or mental health status, condition, treatment,
service, products purchased, or provision of care and that reveals the identity of the individual whose health care is the
subject of the information, or about which there is a reasonable basis to believe such information could be utilized (either
alone or with other information that is or should reasonably be known to be available to predictable recipients of such information)
to reveal the identity of that individual.
(5) "Research" means a systematic investigation, including research development, testing and evaluation, designed to develop
or contribute to generalizable knowledge.
73 Del. Laws, c. 355, § 12; 75 Del. Laws, c. 361, § 4; 75 Del. Laws, c. 387, § 3; 77 Del. Laws, c. 307, § 1.;
§ 1231. Use of protected health information.
(a) Protected health information collected by the Department of Health and Social Services and/or its agencies and by the
Child Death, Near Death, and Still Birth Commission shall be used solely for legitimate public health purposes.
(b) Nonidentifiable health information shall be used by the Department of Health and Social Services and its agencies whenever
possible consistent with the accomplishment of legitimate public health purposes.
(c) Any use of protected health information permitted by this subchapter shall be limited to the minimum amount of information
which the official using the information reasonably believes is necessary to accomplish the legitimate public health purpose.
(d) Protected health information shall not be used by the State for commercial purposes.
(e) Protected health information whose use no longer furthers the legitimate public health purpose for which it was acquired
shall be expunged.
73 Del. Laws, c. 355, § 12; 75 Del. Laws, c. 361, § 5.;
§ 1232. Disclosure of protected health information.
(a) General privacy protection. -- Protected health information is not public information as defined at § 10002 of Title 29
and may not be disclosed without the informed consent of the individual (or the individual's lawful representative) who is
the subject of the information except as expressly provided by statute. Whenever disclosure of protected health information
is made pursuant to this subchapter, such disclosure shall be accompanied by a statement concerning the Department of Health
and Social Services' disclosure policy.
(b) Scope of disclosure. -- Protected health information shall be disclosed with the informed consent of the individual who
is the subject of the information to any person and for any purpose for which the disclosure is authorized pursuant to informed
consent.
(c) Nonidentifiable information. -- Any disclosure of protected health information permitted by this subchapter shall be disclosed
in a nonidentifiable form whenever possible, consistent with the accomplishment of legitimate public health purposes, except
when the disclosure is authorized through the informed consent of the person who is the subject of the information. Any disclosures
of protected health information permitted by this subchapter shall also be limited to the minimum amount of information which
the person making the disclosure reasonably believes is necessary to accomplish the purpose of the disclosure, except when
the disclosure is authorized through the informed consent of the individual who is the subject of the information.
(d) Disclosure without informed consent. -- Protected health information may be disclosed without the informed consent of
the individual who is the subject of the information where such disclosures are made:
(1) Directly to the individual;
(2) To appropriate federal agencies or authorities as required by federal or state law and for law-enforcement purposes in
accordance with 45 C.F.R. Parts 160, 162, and 164;
(3) To health care personnel to the extent necessary in an emergency to protect the health or life of the person who is the
subject of the information from serious, imminent harm;
(4) To the public safety authority during a public health emergency in accord with the uses described in § 1231 of this subchapter;
(5) In the course of any judicial or administrative proceeding in accordance with 45 C.F.R. Parts 160, 162, and 164, or pursuant
to a court order to avert a clear danger to the individual or the public health;
(6) To the Child Death, Near Death and Still Birth Commission;
(7) To the Division of Long Term Care Residents' Protection in cases where the Division is engaged in an investigation or
survey involving the care or treatment of an individual at a facility licensed by the Division, and the individual has been
admitted to a hospital from the facility or discharged from a hospital to the facility. The Division of Long Term Care Residents
Protection is an entity charged with helping to safeguard the health and safety of patients. It shall be recognized as a "public
health authority" and as a "health oversight agency," and it shall be recognized in the performance of its functions as a
peer review organization or auditor or evaluator with respect to such aspects of health care delivery systems or providers;
(8) Pursuant to § 2005 of this title;
(9) For research, regardless of the source of funding of the research, provided that the researcher provides documentation
that an alteration to or waiver, in whole or in part, of the individual authorization required by subsection (a) of this section
for use or disclosure of protected health information has been approved by the applicable privacy board in accordance with
HIPAA regulations. Said approval shall not be granted until the Board has determined all of the following:
a. The use or disclosure of protected health information involves no more than a minimal risk to the privacy of individuals,
based on, at least, the presence of the following elements:
1. An adequate plan to protect the identifiers from improper use and disclosure;
2. An adequate plan to destroy the identifiers at the earliest opportunity consistent with conduct of the research, unless
there is a health or research justification for retaining the identifiers or such retention is otherwise required by law;
and
3. Adequate written assurances that the protected health information will not be reused or disclosed to any other person or
entity, except as required by law, for authorized oversight of the research study, or for other research for which the use
or disclosure of protected health information would be permitted by this subpart;
b. The research could not practicably be conducted without the waiver or alteration; and
c. The research could not practicably be conducted without access to and use of the protected health information;
(10) For patient treatment and care coordination, defined as the provision, coordination, or management of health care and
related services by 1 or more health care providers, including the coordination or management of health care by a health care
provider with a third party; consultation between health care providers relating to a patient; or the referral of a patient
for health care from one health care provider to another; or
(11) To a health plan, health care clearinghouse, business associate, or health care provider, as each is defined by 45 C.F.R.
Part 160, to use only in accordance with federal law for transactions that transmit information between 2 parties to carry
out financial or administrative activities related to health care, health care operations, and health insurance, as set forth
in 45 C.F.R Parts 160, 162, and 164.
(e) Deceased individuals. -- Nothing in this subchapter shall prohibit the disclosure of protected health information:
(1) In a certificate of death, autopsy report or related documents prepared under applicable laws or regulations;
(2) For the purposes of identifying a deceased individual;
(3) For the purposes of determining a deceased individual's manner of death by a medical examiner; or
(4) To provide necessary information about a deceased individual who is a donor or prospective donor of an anatomical gift.
(f) Informed consent by others. -- When an individual who is the subject of protected health information is not competent
or is otherwise legally unable to give informed consent for the disclosure of protected health information, informed consent
may be given by the individual's parents, legal guardians or other persons lawfully authorized to make health care decisions
for the individual.
(g) Secondary disclosures. -- No person to whom protected health information has been disclosed pursuant to this subchapter
shall disclose the information to another person except as authorized by this subchapter. This section shall not apply to:
(1) The individual who is the subject of the information;
(2) The individual's parents, legal guardians or other persons lawfully authorized to make health care decisions for the individual
where the individual who is the subject of the information is unable to give legal consent pursuant to subsection (f) of this
section; or
(3) Any person who is specifically required by federal or state law to disclose the information.
(h) Upon written request of an individual to a medical laboratory for a copy of the results of a laboratory examination of
that individual, the medical laboratory shall provide a copy of those results that are sought to that individual. The medical
laboratory may require a reasonable copying fee for copying and transmitting the records.
(i) The Child Death, Near Death and Still Birth Commission is an entity charged with helping to safeguard the health and safety
of children. It shall be recognized as a "health oversight agency", and as a "public health authority", and it shall be recognized
in the performance of its functions as a peer review organization or auditor or evaluator with respect to any aspect of health
care delivery systems or providers.
73 Del. Laws, c. 355, § 12; 75 Del. Laws, c. 329, § 1; 75 Del. Laws, c. 361, §§ 6, 7; 75 Del. Laws, c. 387, § 4; 76 Del. Laws, c. 292, § 3; 77 Del. Laws, c. 307, §§ 2-4; 77 Del. Laws, c. 392, §§ 1-4.;
§ 1233. Regulations.
The Department of Health and Social Services shall enforce this subchapter and shall from time to time promulgate any additional
forms and regulations that are necessary for this purpose.