16 Del. Admin. Code § 4202-2.0

Current through Register Vol. 28, No. 7, January 1, 2025

Section 4202-2.0 - Conditions to be Reported, Timeliness and Manner of Reporting

2.1 Reportable Diseases Reporting

2.1.1 The reportable diseases specified in the Appendices to this regulation are declared as dangerous to the public health. The occurrence or suspected occurrence of these diseases, including those identified after death, shall be reported as defined in Section 3.0 to the Division of Public Health.

2.1.2 The Division of Public Health may list additional diseases and conditions on its reporting forms for which reporting is encouraged but not required.

2.2 Timeliness and Content of Reportable Disease Reports

2.2.1 Reports pursuant to this subsection shall be made electronically, by telephone, by facsimile (fax), or in writing within 48 hours of recognition to the Division Director or designee, except as otherwise noted in this regulation or specified in the Appendices to this regulation.

2.2.2 Except as otherwise provided by this regulation, reports of reportable or other diseases or conditions required to be reported by this regulation shall contain sufficient information to contact the person reporting. The following information shall be reported: the name, address, telephone number, date of birth, race, ethnicity, gender, and disease of the person ill or infected, the date of onset of illness; the name, address, and telephone number of the person's health care provider; and any pertinent laboratory information.

2.3 Ordinary Skill

2.3.1 Any person who is required to report a disease or other condition under this section shall use ordinary skill in determining the presence of the reportable disease or condition.

2.3.2 If the determination of the disease or condition is disputable and the disease or condition may have potential public health concern or may potentially be an indicator of a public health emergency, the Division Director or designee may request tests through the Division's laboratory or another certified laboratory to help resolve uncertainty.

2.4 Privacy Protection

2.4.1 The Division of Public Health is the state's recognized public health authority as defined in HIPAA (45 CFR § 164.501) pursuant to 45 CFR § 164.512 (b).

2.4.2 Covered entities may disclose without individual authorization, protected health information to public health authorities.

2.4.3 As the recognized public health authority for the State of Delaware, the Division of Public Health is authorized by law to collect or receive protected health information for the purpose of preventing or controlling disease, injury or disability, including, but not limited to, the reporting of disease, injury, vital events such as birth or death, and the conduct of public health surveillance, public health investigations, and public health interventions.

2.4.4 The information required to be reported represents the minimum necessary to carry out our public health mandates pursuant to 45 CFR § 164.514(d) of the HIPAA Privacy Rule.

2.5 Electronic Reporting Systems

2.5.1 The Division may establish a system for electronic reporting to improve the accuracy and timeliness of reporting diseases defined by state law as reportable. The system shall be technologically designed to ensure data security and compatibility with other state and federal public health reporting systems to the extent feasible.

2.5.2 Those authorized to participate in electronic reporting systems must meet minimum standards for compliance and training as determined by the Division.

2.6 Syndromic Surveillance Reporting

2.6.1 The Division may establish a statewide syndromic surveillance system. The system shall be technologically designed to ensure data security and compatibility with other state and federal public health reporting systems to the extent feasible.

2.6.2 Those authorized to participate in syndromic surveillance must meet minimum standards for compliance and training as determined by the Division. In addition, syndromic surveillance data shall include the patient's name, address, date of birth, race, ethnicity, and gender.

2.6.3 The Director will establish what syndromes will be reported. The Director may change or add reportable syndromes to assure the monitoring of health events of public health importance.

16 Del. Admin. Code § 4202-2.0

9 DE Reg. 1188 (02/01/06)
17 DE Reg. 320 (9/1/2013)
22 DE Reg. 1012 (6/1/2019)
23 DE Reg. 665 (2/1/2020)
24 DE Reg. 791 (2/1/2021)
27 DE Reg. 863 (5/1/2024) (Final)