release health information of deceased resident



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§ 1230 § 1231 § 1232 § 1233

TITLE 16
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Health and Safety
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Regulatory Provisions Concerning Public Health
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CHAPTER 12. INFORMED CONSENT AND CONFIDENTIALITY

Subchapter III. Confidentiality of Personal Health Information

§ 1230. Definitions.

As used in this subchapter, the following terms shall have the
following meanings:

(1) "Expunge" or "expunged" means to permanently destroy, delete or
make nonidentifiable.

(2) "Informed consent" means a written authorization for the
disclosure of protected health information on a form substantially
similar to one promulgated by the Department of Health and Social
Services which is signed in writing or electronically by the
individual who is the subject of the information. This authorization
shall be dated and shall specify to whom the disclosure is authorized,
the general purpose for such disclosure, and the time period in which
the authorization for the disclosure is effective.

(3) "Legitimate public health purpose" means a population-based
activity or individual effort primarily aimed at the prevention of
injury, disease or premature mortality or the promotion of health in
the community, including:

a. Assessing the health needs of the community through public health
surveillance and epidemiological research;

b. Developing public health policy;

c. Responding to public health needs and emergencies;

d. Review by the Child Death, Near Death and Still Birth Commission;
and

e. Requests for hospital records by the Division of Long Term Care
Residents' Protection pursuant to § 1232 of this title.

(4) "Protected health information" means any information, whether
oral, written, electronic, visual, pictorial, physical or any other
form, that relates to an individual's past, present or future physical
or mental health status, condition, treatment, service, products
purchased, or provision of care and that reveals the identity of the
individual whose health care is the subject of the information, or
about which there is a reasonable basis to believe such information
could be utilized (either alone or with other information that is or
should reasonably be known to be available to predictable recipients
of such information) to reveal the identity of that individual.

73 Del. Laws, c. 355, § 12; 75 Del. Laws, c. 361, § 4; 75 Del. Laws,
c. 387, § 3.;

§ 1231. Use of protected health information.

(a) Protected health information collected by the Department of Health
and Social Services and/or its agencies and by the Child Death, Near
Death, and Still Birth Commission shall be used solely for legitimate
public health purposes.

(b) Nonidentifiable health information shall be used by the Department
of Health and Social Services and its agencies whenever possible
consistent with the accomplishment of legitimate public health
purposes.

(c) Any use of protected health information permitted by this
subchapter shall be limited to the minimum amount of information which
the official using the information reasonably believes is necessary to
accomplish the legitimate public health purpose.

(d) Protected health information shall not be used by the State for
commercial purposes.

(e) Protected health information whose use no longer furthers the
legitimate public health purpose for which it was acquired shall be
expunged.

73 Del. Laws, c. 355, § 12; 75 Del. Laws, c. 361, § 5.;

§ 1232. Disclosure of protected health information.

(a) General privacy protection. -- Protected health information is not
public information as defined at § 10002 of Title 29 and may not be
disclosed without the informed consent of the individual (or the
individual's lawful representative) who is the subject of the
information except as expressly provided by statute. Whenever
disclosure of protected health information is made pursuant to this
subchapter, such disclosure shall be accompanied by a statement
concerning the Department of Health and Social Services' disclosure
policy.

(b) Scope of disclosure. -- Protected health information shall be
disclosed with the informed consent of the individual who is the
subject of the information to any person and for any purpose for which
the disclosure is authorized pursuant to informed consent.

(c) Nonidentifiable information. -- Any disclosure of protected health
information permitted by this subchapter shall be disclosed in a
nonidentifiable form whenever possible, consistent with the
accomplishment of legitimate public health purposes, except when the
disclosure is authorized through the informed consent of the person
who is the subject of the information. Any disclosures of protected
health information permitted by this subchapter shall also be limited
to the minimum amount of information which the person making the
disclosure reasonably believes is necessary to accomplish the purpose
of the disclosure, except when the disclosure is authorized through
the informed consent of the individual who is the subject of the
information.

(d) Disclosure without informed consent. -- Protected health
information may be disclosed without the informed consent of the
individual who is the subject of the information where such
disclosures are made:

(1) Directly to the individual;

(2) To appropriate federal agencies or authorities as required by
federal or state law;

(3) To health care personnel to the extent necessary in an emergency
to protect the health or life of the person who is the subject of the
information from serious, imminent harm;

(4) To the public safety authority during a public health emergency in
accord with the uses described in § 1231 of this subchapter;

(5) Pursuant to a court order to avert a clear danger to an individual
or the public health;

(6) To the Child Death, Near Death and Still Birth Commission;

(7) To the Division of Long Term Care Residents' Protection in cases
where the Division is engaged in an investigation or survey involving
the care or treatment of an individual at a facility licensed by the
Division, and the individual has been admitted to a hospital from the
facility or discharged from a hospital to the facility. The Division
of Long Term Care Residents Protection is an entity charged with
helping to safeguard the health and safety of patients. It shall be
recognized as a "public health authority" and as a "health oversight
agency," and it shall be recognized in the performance of its
functions as a peer review organization or auditor or evaluator with
respect to such aspects of health care delivery systems or providers;
or

(8) Pursuant to § 2005 of this title.

(e) Deceased individuals. -- Nothing in this subchapter shall prohibit
the disclosure of protected health information:

(1) In a certificate of death, autopsy report or related documents
prepared under applicable laws or regulations;

(2) For the purposes of identifying a deceased individual;

(3) For the purposes of determining a deceased individual's manner of
death by a medical examiner; or

(4) To provide necessary information about a deceased individual who
is a donor or prospective donor of an anatomical gift.

(f) Informed consent by others. -- When an individual who is the
subject of protected health information is not competent or is
otherwise legally unable to give informed consent for the disclosure
of protected health information, informed consent may be given by the
individual's parents, legal guardians or other persons lawfully
authorized to make health care decisions for the individual.

(g) Secondary disclosures. -- No person to whom protected health
information has been disclosed pursuant to this subchapter shall
disclose the information to another person except as authorized by
this subchapter. This section shall not apply to:

(1) The individual who is the subject of the information;

(2) The individual's parents, legal guardians or other persons
lawfully authorized to make health care decisions for the individual
where the individual who is the subject of the information is unable
to give legal consent pursuant to subsection (f) of this section; or

(3) Any person who is specifically required by federal or state law to
disclose the information.

(h) Upon written request of an individual to a medical laboratory for
a copy of the results of a laboratory examination of that individual,
the medical laboratory shall provide a copy of those results that are
sought to that individual. The medical laboratory may require a
reasonable copying fee for copying and transmitting the records.

(i) The Child Death, Near Death and Still Birth Commission is an
entity charged with helping to safeguard the health and safety of
children. It shall be recognized as a "health oversight agency", and
as a "public health authority", and it shall be recognized in the
performance of its functions as a peer review organization or auditor
or evaluator with respect to any aspect of health care delivery
systems or providers.

73 Del. Laws, c. 355, § 12; 75 Del. Laws, c. 329, § 1; 75 Del. Laws,
c. 361, §§ 6, 7; 75 Del. Laws, c. 387, § 4; 76 Del. Laws, c. 292, § 3.;

§ 1233. Regulations.

The Department of Health and Social Services shall enforce this
subchapter and shall from time to time promulgate any additional forms
and regulations that are necessary for this purpose.

76 Del. Laws, c. 292, § 4.;

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including 77 Del. Laws, c. 235.

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