govt.fyi
Back to SB 138
Delaware General Assembly· SB 138Signed

DHIN/Updates, the official text

Shown verbatim: the complete text as captured from the official PDF posted by the Delaware General Assembly, fetched 2026-09-25. Page and line markers are part of the official record; nothing is edited or removed. This is the current version. The official bill page.
SPONSOR: Sen. Mantzavinos & Rep. Romer
                                                                Sens. Huxtable, Walsh; Rep. Hilovsky

                                                DELAWARE STATE SENATE
                                                153rd GENERAL ASSEMBLY

                                                SENATE BILL NO. 138

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

    BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

1   Section 1. Amend § 10301, Title 16 of the Delaware Code by making deletions as shown by strike through and

2 insertions as shown by underline as follows:

3   § 10301. Purpose.

4   (a) The purpose of this chapter is to create the Delaware Health Information Network, Network (“DHIN”), a not-

5 for-profit body both politic and corporate, to serve as a public instrumentality that has the right, obligation, privilege, and

6 purpose to promote the design, implementation, operation, and maintenance of facilities for public and private use of health

7 care information in the State. DHIN is the State’s sanctioned provider of health information exchange services.

8   Section 2. Amend § 10302, Title 16 of the Delaware Code by making deletions as shown by strike through and

9 insertions as shown by underline as follows:

10  § 10302. Delaware Health Information Network Board of Directors.

11  (a) A Delaware Health Information Network Board of Directors (“Board”) manages and operates DHIN. Board

12 membership must include individuals with various business, technology, and healthcare industry skills who are committed

13 to managing DHIN in an efficient, effective, and competitive manner. Board membership is comprised as follows:

14            (5) Fifteen Nine members are appointed by the Governor. The Board, Delaware Healthcare Association,

15  Medical Society of Delaware, Delaware State Chamber of Commerce, and other interested organizations may make

16  nonbinding recommendations to the Governor for appointments to the Board. The Governor’s appointments are as

17  follows:

18                  a. Six general members, including at least 1 individual who represents the interests of medical consumers

19  and at least 3 individuals who have experience or expertise in the health-care industry.

20                  b. Three members who represent a hospital or health system.

21                  c. Three members who represent physicians.

22                  d. One member who represents a business or employer.

    DLS : KES : CM                              Page 1 of 4                      Released: 05/13/2025 11:13 AM
    0231530065
23                  e. Two members who represent a health insurer or health plan.

24  must be broadly representative of the healthcare industry generally, and appointees must possess knowledge

25  of the healthcare industry or technical expertise relevant to DHIN’s operations. Members must include representatives

26  of medical consumers, hospitals or hospital systems, physicians, businesses or employers, and payers.

27  (6) a. Board members shall elect the Board chair from among its the Board’s members. The chair serves as

28  chair for a 3-year term.

29                  b. Each member serves a 3-year term, unless the member resigns or is removed from the Board earlier.

30  with each member continuing to serve beyond the term until a successor is appointed. A member may continue to

31  serve beyond the 3-year term until a successor is appointed.

32  Section 3. Amend § 10303, Title 16 of the Delaware Code by making deletions as shown by strike through and

33 insertions as shown by underline as follows and redesignating accordingly:

34  § 10303. Powers and duties.

35  (a) DHIN has the power and duty to do all of the following:

36  (5) All prior regulations and rules promulgated by the Delaware Health Care Commission regarding DHIN

37  remain in full force and effect until DHIN replaces the regulations and rules with bylaws or policies.

38  (b) To carry out the duties listed in this section, DHIN is granted all incidental powers, without limitation,

39 including the powers to do all of the following:

40  (3) Establish reasonable fees or charges for provision of DHIN’s services to nonparticipant third parties.

41  network participants and users of DHIN services.

42  Section 4. Amend § 10306, Title 16 of the Delaware Code by making deletions as shown by strike through and

43 insertions as shown by underline as follows:

44  § 10306. Regulations; resolution of disputes.

45  (a) DHIN may promulgate rules and regulations under subchapter Subchapter II of Chapter 101 of Title 29 to carry

46 out the objective of this chapter. Regulations and rules that the Delaware Health Care Commission promulgated prior to

47 July 12, 2010, regarding DHIN remain in full force and effect until amended or repealed through DHIN.

48  Section 5. Amend § 10311, Title 16 of the Delaware Code by making deletions as shown by strike through and

49 insertions as shown by underline as follows:

50  § 10311. The Delaware Health Care Claims Database — Findings; purpose; creation.

51  (a) The General Assembly finds that:

    DLS : KES : CM                                    Page 2 of 4                  Released: 05/13/2025 11:13 AM
    0231530065
52  (2) The ongoing work of the Delaware Center for Health Innovation This State’s ongoing effort to transform

53  the State’s health-care system from a fee-for-service system to a value-based system that rewards health-care providers

54  for quality and efficiency of care is a worthy effort, and, to that end, the General Assembly supports the establishment

55  of a health-care claims database to assist in the this State’s efforts to achieve the Triple Aim Aim of improving patient

56  care, improving population health, and reducing the per capita costs of health-care.

57  Section 6. Amend § 10314, Title 16 of the Delaware Code by making deletions as shown by strike through

58  and insertions as shown by underline as follows:

59  § 10314. External and public reporting of claims data.

60  (b) Claims data provided to a requesting person under this section must be provided under DHIN’s existing

61 confidentiality and data security protocols and in compliance with applicable state and federal laws relating to the privacy

62 and security of protected health information, including compliance, to the fullest extent practicable consistent with the

63 purposes under this subchapter, with guidance found in Statement 6 of the Department of Justice and Federal Trade

64 Commission Enforcement Policy any applicable federal antitrust guidance regarding the exchange of price and cost

65 information. A provider or purchaser must maintain individually identifiable patient health information under all applicable

66 state and federal laws relating to the confidentiality and security of protected health information, including privacy and

67 security requirements under regulations promulgated under this chapter.

                                                                        SYNOPSIS

              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.

    DLS : KES : CM                                    Page 3 of 4                         Released: 05/13/2025 11:13 AM
    0231530065
                             Author: Senator Mantzavinos

DLS : KES : CM  Page 4 of 4  Released: 05/13/2025 11:13 AM
0231530065
Every fact on this page links to its source, starting with the official bill record.