AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE DELAWARE HEALTH INFORMATION NETWORK.

Plain English Breakdown

It remains unclear when the changes will take effect after being signed by the Governor.

Changes to Delaware Health Information Network

This act updates the rules for the Delaware Health Information Network by changing its board composition and removing outdated references.

What This Bill Does

• Updates how members are chosen for DHIN's Board of Directors, focusing on broad representation rather than specific group positions.
• Reduces the number of board members from 19 to 13 to match historical standards and best practices.
• Removes old rules about how DHIN was run by another agency and replaces them with DHIN’s own rules.
• Defines 'Triple Aim' as a goal for improving health care quality, cost, and patient satisfaction.

Who It Names or Affects

• The Delaware Health Information Network (DHIN) board members

Terms To Know

Triple Aim

A goal to improve the quality of health care, reduce costs, and increase patient satisfaction.

Board of Directors

The group that makes decisions for an organization like DHIN.

Limits and Unknowns

• Does not specify when the changes will take effect after being signed by the Governor.
• Leaves open the possibility that additional guidance may be provided in the future regarding antitrust regulations on information exchange.

Official Summary Text

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE DELAWARE HEALTH INFORMATION NETWORK.
This Act makes changes to Chapter 103 of Title 16, pertaining to the Delaware Health Information Network (“DHIN”).

Section 1 makes a technical correction.

Section 2 updates the composition of DHIN’s Board of Directors (“Board”) to reflect recent practice with respect to Governor-appointed boards. It removes the concept of positions held for certain groups or industries and replaces it with a general obligation to appoint members broadly representative of DHIN’s stakeholder groups and the general public, with an emphasis on individuals with particular expertise that will benefit DHIN and its public mission. It also reduces the size of the board from 19 to 13 members to align with the historical size of DHIN’s Board and to implement current best practices with respect to Board size, and specifies that a member’s term may end before 3 years if the member resigns or is removed.

Sections 3 and 4 are cleanup provisions that remove references to the rules and regulations of the Health Care Commission that previously governed DHIN’s operations, but that have been replaced by DHIN’s own rules and regulations. Section 3 also updates the statute to reflect DHIN’s preferred nomenclature as it relates to data senders, data recipients, and other users of DHIN’s service. Section 3 does not change DHIN’s ability to charge fees for services.

Section 5 removes a reference to the Delaware Center for Health Innovation, which is no longer operating, and replaces it with a reference to the State. Section 5 also defines “Triple Aim”.

Section 6 removes a reference to Statement 6 of the Department of Justice and Federal Trade Commission Enforcement Policy as it relates to antitrust regulations on the exchange of price and cost information. Statement 6 was withdrawn by the Biden Administration in February 2023. The new language leaves open the possibility that additional guidance will be provided in the future and provides that any release of information will need to comply with the antitrust rules and regulations in effect at that time.