| 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,... |
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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... |
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16 Del. C. § 1010A - Penalties |
Healthcare facilities that violate the Healthcare Associated Infections Disclosure Act, including the provision regarding patient privacy, face... |
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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’... |
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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... |
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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... |
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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... |
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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... |
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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... |
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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 “... |
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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... |
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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... |
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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... |
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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.
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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... |
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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... |
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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.
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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... |
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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... |
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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... |
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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... |
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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... |
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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... |
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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.... |
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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... |
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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... |
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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... |
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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... |
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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... |
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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... |
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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... |
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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... |
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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... |
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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... |
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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... |
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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... |
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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... |
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