Bills Facilitating the Sharing of Healthcare Data Passes Senate

Senate Bill 87 and Senate Bill 88 are related bipartisan bills that facilitate the sharing of clinical healthcare data. And they both passed the Senate last week and are currently in the House Sunset Committee.

Both the House and Senate are in recess this week and are due to return on Tuesday, May 11. It is likely these bills will be considered that week in the as yet unscheduled Sunset Committee meeting, and I’d imagine they both will get quick passage after committee release.

Both these bills 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	Passed Senate 21-0. Brown, Ennis Gay Hansen Lockman Mantzavinos, Paradee, Pinkney, Poore, S.McBride, Sokola, Sturgeon, Townsend, Walsh, Bonini, Hocker, Lawson, Lopez, Pettyjohn, Richardson, Wilson	None
Dorsey Walker, Griffith, K.Johnson, Spiegelman, Yearick
Current Status —	House Sunset Committe 4/21/21

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.

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	Passed Senate 21-0. Brown, Ennis Gay Hansen Lockman Mantzavinos, Paradee, Pinkney, Poore, S.McBride, Sokola, Sturgeon, Townsend, Walsh, Bonini, Hocker, Lawson, Lopez, Pettyjohn, Richardson, Wilson	None
Dorsey Walker, Griffith, K.Johnson, Spiegelman, Yearick
Current Status —	House Sunset Committe 4/21/21