SB 87 and 88 – Facilitating the Sharing of Health Data

Senate Bill 87 and Senate Bill 88 are related bipartisan bills that facilitate the sharing of clinical healthcare data. Before you get upset, be sure that both bills will comply with the federal Health Insurance Portability and Accountability Act of 1996, otherwise known as HIPAA, meaning that the disclosure of individually-identifiable patient information will only be accomplished with direct patient consent or for purposes already permitted by HIPAA.

Senate Bill 87 requires the Delaware Health Information Network (“DHIN”) to provide the Gift of Life program – the State’s approved organ procurement organization for organ transplants – with access to data on potential organ donors when the data is needed to determine the suitability for organ, tissue and eye donation for any purpose identified in Delaware’s Uniform Anatomical Gift Act.

Senate Bill 87 Sponsors	Yes Votes	No Votes
Gay, Hansen, Pettyjohn, Pinkney, Richardson
Dorsey Walker, Griffith, K.Johnson, Spiegelman, Yearick
Current Status — Senate Legislative Oversight & Sunset 3/18/21

Senate Bill 88 would permit the DHIN to use clinical healthcare data in its possession for appropriate analytic and public health purposes. The bill also requires DHIN to promulgate regulations to permit appropriate health-care payers, providers, purchasers, or researchers to access clinical data in DHIN’s possession under terms and conditions that DHIN and its Board of Directors establish.

Again, individually-identifiable patient information would only be disclosed with the explicit consent of the patient whose information would be identified. This bill also provides additional protections to patients, requiring the DHIN to provide patients and Delaware residents with access to their own health information and requiring DHIN to promulgate regulations giving residents the ability to require DHIN to provide that health information to third parties under appropriate terms and conditions.

Senate Bill 88 Sponsors	Yes Votes	No Votes
Gay, Hansen, Pettyjohn, Pinkney, Richardson
Dorsey Walker, Griffith, K.Johnson, Spiegelman, Yearick
Current Status — Senate Legislative Oversight & Sunset 3/18/21