1 Del. Admin. Code § 101-3.0

Current through Reigster Vol. 28, No. 6, December 1, 2024

Section 101-3.0 - Data Submission Requirements

3.1 Data Sending Organizations shall comply with such data submission standards as may be required by DHIN. DHIN may adopt minimum requirements for connectivity and shall make such requirements public on its website. To the extent feasible, such standards shall conform to or incorporate national standards generally accepted in the Health IT industry. Data subject to legal disclosure restrictions beyond those identified in HIPAA should not be sent to DHIN prior to the time at which the Data Sending Organization enters into an agreement or agreements with DHIN that legally permit the disclosure of Data to DHIN and adequately identify the Data in question so as to permit any necessary sequestration or restrictions on re-disclosure.

3.2 In the course of fulfilling its statutory mandate to improve the interoperability of health care information and provide more streamlined transmission of data to appropriate individuals, DHIN has connected to a national health information exchange network. As the prompt and accurate flow of healthcare information has become more critical to providing quality care to patients, national organizations and federal regulatory agencies have implemented national standards and rules designed to facilitate the sharing of information and prohibit entities from engaging in information blocking activities that are likely to impede the fair flow of such information. In order to maintain its compliance with these legal obligations and industry standards, DHIN requires Data Sending Organizations to, at a minimum, permit DHIN to make the following uses with respect to Data sent to DHIN:

3.2.1 Treatment, payment, health care operations, and authorization-based disclosures as all of those terms are defined by HIPAA;

3.2.2 Public health activities and reporting as permitted by HIPAA and relevant Delaware law;

3.2.3 Providing individuals with access to their own information and the ability to direct that their own information be provided to third parties under such terms and conditions as may be established by DHIN;

3.2.4 Research or analytic purposes, in accordance with 1 DE Admin. Code 102 and the Act;

3.2.5 Fulfilling DHIN's legal requirements; and

3.2.6 Such other uses as are required by law.

3.3 DHIN may, if permitted by the Board and its agreements with relevant Data Sending Organizations, make additional uses of Data sent to DHIN if such uses are permitted by the Act and relevant law.

1 Del. Admin. Code § 101-3.0

25 DE Reg. 623 (12/1/2021) (final)