2015 Delaware Code
Title 16 - Health and Safety
CHAPTER 10A. HEALTHCARE ASSOCIATED INFECTIONS DISCLOSURE ACT
§ 1009A Privacy.

It is the express intent of the legislature that a patient's right of confidentiality shall not be violated in any manner. Patient Social Security numbers and any other information that could be used to identify an individual patient shall not be released notwithstanding any other provision of law.

76 Del. Laws, c. 122, § 1; 78 Del. Laws, c. 351, § 1.;

§ 1010A Penalties.

A determination that a healthcare facility has violated the provisions of this chapter may result in any of the following:

(1) Termination of licensure or other sanctions relating to licensure under Chapter 10 of this title; or

(2) A civil penalty of up to $500 per day per violation for each day the healthcare facility is in violation of this chapter.

76 Del. Laws, c. 122, § 1; 78 Del. Laws, c. 351, § 1.;

§ 1011A Regulatory oversight.

The Department shall be responsible for ensuring compliance. When the Department licenses a healthcare facility according to the provisions of this title, compliance with this chapter shall be a condition of licensure.

76 Del. Laws, c. 122, § 1; 78 Del. Laws, c. 351, § 1.;

§ 1012A Hospital Infection Specialist.

The Department shall establish and fund a Healthcare Associated Infection Specialist position within the Division of Public Health supporting the functions of this chapter. The Healthcare Associated Infection Specialist must have knowledge of the NHSN system and skills to appropriately analyze healthcare acquired infection data.

76 Del. Laws, c. 122, § 1; 78 Del. Laws, c. 351, § 1.;

§ 1013A Privilege and confidentiality protections.

Notwithstanding any other provision of federal, state or local law, the healthcare associated infection data provided pursuant to this chapter is privileged and, with the exception of §§ 1003A, 1004A and 1005A of this title, shall not be:

(1) Subject to admission as evidence or other disclosure in any federal, state or local civil, criminal or administrative proceeding, or

(2) Subject to use in a disciplinary proceeding against a healthcare facility or provider, or

(3) Subject to disclosure under Chapter 100 of Title 29.

76 Del. Laws, c. 122, § 1; 78 Del. Laws, c. 351, § 1.;

§ 1014A Membership in National Healthcare Safety Network.

By December 31, 2007, all hospitals in the State shall join the Centers of Disease Control and Prevention's National Healthcare Safety Network or its successor. If the Network is not open for enrollment to all hospitals by this date, all hospitals shall join the Network within 180 days after the Center of Disease Control and Prevention permits such enrollment. Hospitals shall authorize the Department to have access to hospital-specific data contained in the National Healthcare Safety Network database consistent with the requirements of this chapter. With the concurrence of the Advisory Committee the Department may require other healthcare facilities through regulation to join the National Healthcare Safety Network as may be appropriate in accordance with this chapter.

76 Del. Laws, c. 122, § 1; 78 Del. Laws, c. 351, § 1.;