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Privacy and Confidentiality in Delaware

 

Privacy and Confidentiality in Delaware

Subtopic Statute/Regulation Description
Privacy and Confidentiality 16 Del. C. § 1006 - Denial or Revocation of License, Hearings and Appeal The Delaware Department of Health and Social Services may deny, suspend, or revoke the license of any hospital that fails to comply with Chapter 10,...
16 Del. C. § 1009A - Privacy The Delaware Legislature declares that it is their express intent “that a patient’s right of confidentiality shall not be violated in any...
16 Del. C. § 1010A - Penalties Healthcare facilities that violate the Healthcare Associated Infections Disclosure Act, including the provision regarding patient privacy, face...
16 Del. Code Regs. § 3201-9.0 - Records and reports Skilled and intermediate care nursing facilities must maintain clinical records for each resident. Clinical records must be contain residents’...
16 Del. Code Regs. § 4101-4.0 - Confidentiality of reports Information of birth defects reported to the birth defects registry is confidential and may not be disclosed in a manner that reveals patient...
16 Del. Code Regs. § 4107-8.0 - Confidentiality of records The newborn screening program must maintain information of newborns diagnosed with metabolic, hematologic or endocrinologic disorders in a...
16 Del. Code Regs. § 4109-6.0 - Confidentiality of reports Information maintained by the Department of Health and Social Services’ autism registry must be kept confidential.  Patient-identifying...
16 Del. Code Regs. § 4305-7.10 - Confidentiality All quality management proceedings of Delaware’s trauma system are confidential.   The data in the state’s trauma registry must be...
16 Del. Code § 2006 - Confidentiality and access to data The collection, compilation, data analysis, and dissemination of reports must be done in a way that protects patient privacy.  The state agency...
24 DE ADC § 1700-8.0 - Dishonorable or Unethical Conduct Delaware defines “dishonorable or unethical conduct” that may give rise to the disciplining of a physician as including the “...
24 Del. C. § 1731 - Unprofessional Conduct and Inability to Practice Medicine The Delaware Board of Medical Licensure and Discipline may discipline a physician for “unprofessional conduct.” Delaware defines...
Del. Code Ann. tit. 16 § 2220 - Patient's rights Substance abuse treatment records are confidential and privileged to the patient, and “no personal or medical records shall be released to any...
Del. Code Ann. tit. 16 § 5161(13) - Rights of patients in mental health hospitals or residential centers The Delaware mental health patient bill of rights applies to the mental health records of individuals admitted in a facility that serves patients...
Del. Code Ann. tit. 16, § 1119A - Confidentiality of residents records The Department of Health and Social Services must establish guidelines to protect the confidentiality of nursing facility records.
Del. Code Ann. tit. 16, § 1202 - Informed consent required to obtain genetic information No one may obtain an individual’s genetic information without first obtaining informed consent from the individual. This statute does not apply...
Del. Code Ann. tit. 16, § 1203 - Authorization to retain genetic information and samples from which genetic information is derived. No one may not retain an individual’s genetic information without first obtaining the individual’s authorization. However, genetic...
Del. Code Ann. tit. 16, § 1204 - Genetic information access by the subject An individual has the right to inspect and request correction of genetic information from the records of the individual.
Del. Code Ann. tit. 16, § 1205 - Conditions for disclosure to others of genetic information Genetic information must be kept confidential and may be disclosed only for limited purposes listed in this section. Among them are disclosure after...
Del. Code Ann. tit. 16, § 1206 - Subchapter applicability The statutes that address the confidentiality of genetic information apply only to genetic information or samples that belong to an individual or...
Del. Code Ann. tit. 16, § 1207 - Parental rights Delaware’s laws on the confidentiality of genetic information do not change parents or guardians’ rights to order medical or genetic...
Del. Code Ann. tit. 16, § 1208 - Violations, penalties for unlawful disclosure of genetic information, jurisdiction Any person who improperly retains an individual’s genetic information or sample may be fined from $1,000 to $10,000. Any person who improperly...
Del. Code Ann. tit. 16, § 1211 - Use of protected health information The Department of Health and Social Services and related agencies and the Child Death, Near Death, and Still Birth Commission must use health...
Del. Code Ann. tit. 16, § 1212 - Disclosure of protected health information The Department of Health and Social Services may not disclose an individual’s health information without the informed consent of the individual...
Del. Code Ann. tit. 16, § 204 - Confidentiality of reports Any report of a child’s congenital disability to the Congenital Disabilities Surveillance and Registry Program must be kept confidential....
Del. Code Ann. tit. 16, § 2220 - Patient’s rights This section establishes the health care bill of rights for patients of residential and nonresidential substance abuse treatment facilities. Among...
Del. Code Ann. tit. 16, § 224 - Confidentiality of reports Patient information maintained in the autism surveillance and registry program is confidential and may not be disclosed in a manner that may identify...
Del. Code Ann. tit. 16, § 3205 - Confidentiality of reports The Department of Health and Social Services must keep information maintained by the cancer registry confidential. Patient-identifying information...
Del. Code Ann. tit. 16, § 4798 - The Delaware Prescription Monitoring Program Health care professionals who prescribe controlled substances must report to the Office of Controlled Substances information on the patients who...
Del. Code Ann. tit. 16, § 531 - Confidentiality of reports The Department of Health and Social Services’ Division of Public Health must keep reports of tuberculosis cases confidential. Patient...
Del. Code Ann. tit. 16, § 710 - Minors- treatment, consent, and liability for payment for care A health care facility or health care professional that treats a minor for STDs must keep the treatment strictly confidential, including not sending...
Del. Code Ann. tit. 16, § 711 - Confidentiality of records and information The Department of Health and Social Services’ Division of Public Health must keep all information of STDs, including HIV/AIDS, strictly...
Del. Code Ann. tit. 16, § 712 - Custodian of records Department of Health and Social Services officials or employees may not be required to testify in a legal proceeding regarding the records of STDs...
Del. Code Ann. tit. 16, § 717 - Confidentiality Health care providers may not disclose the identity of patients who took a HIV test or the results of the test in a manner, which permits...
Del. Code Ann. tit. 16, § 718 - Enforcement of subchapter Any person who took an HIV test and whose identity or test results were improperly disclosed may commence a civil lawsuit to recover damages. The...
Del. Code Ann. tit. 16, § 810A - Confidentiality The Department of Health and Social Services’ Division of Public Health must keep information reported to the early hearing detection and...
Del. Code Ann. tit. 18, § 6412 - Confidentiality of health information Every managed care organization must keep enrollees and applicants’ health information confidential. Managed care organizations may not...
Del. Code Ann. tit. 24 § 3042 - License requirements; professional designation A licensed chemical dependency professional or his/her employee may only disclose confidential information acquired while performing alcohol and drug...