1 Del. Admin. Code § 104-3.0

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

Section 104-3.0 - General Data Access Provisions

3.1 HCCD data may be released to a person or organization for purposes of:

3.1.1 Promoting and improving public health;

3.1.2 Advancing the "Triple Aim" of improving health, improving health care quality and experience, and improving affordability;

3.1.3 Providing information to effectively manage risk for the health needs of a population.

3.2 The DHIN may provide HCCD data or data access at the following levels of detail, per the procedures established in this Regulation:

3.2.1 De-identified data

3.2.2 Limited data sets

3.2.3 Identified data

3.3 Except as otherwise specified in this Regulation, all requests for HCCD data or data access shall require completion of a written data request application that describes the intended purpose and use or uses of the data, the justification for the data request, and the security and privacy measures that will be used to safeguard the data and prevent unauthorized access to or use of the data as well as such other acknowledgments as may be included on the application. Exceptions to this rule include:

3.3.1 DHIN may incorporate HCCD clinical proxy data elements into the Community Health Record for purposes of treatment and care coordination, without a written application or Committee review.

3.3.2 DHIN may make HCCD clinical proxy data elements available to the Members to whom they apply without a written application or Committee review. Members may access their health data by enrolling in DHIN's Personal Health Record on the DHIN website at www.DHIN.org.

3.4 The Committee shall review submitted data request applications pursuant to business rules established by the Committee consistent with Section 4.0 below and the HCCD's enabling legislation. Exceptions to this rule include:

3.4.1 Requests from Reporting Entities for their own data will not require Committee review.

3.4.2 Collaborating State Agencies may access HCCD data without Committee review by entering into an interagency agreement with the DHIN. The allowable uses of Claims Data by Collaborating State Agencies will be posted on DHIN's web site for public transparency. The interagency agreement shall include but not be limited to the following:

3.4.2.1 Confirmation that the Collaborating State Agency will conform to DHIN's confidentiality and data security protocols and all applicable state and federal laws relating to the privacy and security of PHI;

3.4.2.2 Confirmation that the Collaborating State Agency will abide by re-disclosure requirements as specified in Section 6.0 of this regulation.

3.4.3 Requests from Providers for their own data, as submitted by Reporting Entities, will not require Committee review.

3.4.4 Applications for de-identified data may be eligible for expedited review.

3.5 DHIN will post an annual summary of disclosures on its website.

1 Del. Admin. Code § 104-3.0

25 DE Reg. 625 (12/1/2021) (final)