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Can I collect health information from participants in Delaware? What are the requirements?
Here is the updated response to your query:
Collecting Health Information in Delaware
Yes, you can collect health information from participants in Delaware, but it must be done in compliance with applicable state and federal laws relating to the privacy and security of protected health information.
Delaware Health Information Network
The Delaware Health Information Network (DHIN) was created to improve the quality, safety, and efficiency of healthcare in Delaware by facilitating the secure exchange of health information among healthcare providers. DHIN is subject to regulations that ensure patient-specific health information is disclosed only with the patient’s consent or best interest to those having a need to know [2.1][3.1].
Delaware Health Fund
The Delaware Health Fund was created to expand access to health care and health insurance for citizens of Delaware that lack affordable health care due to being uninsured or underinsured. The fund may also be used to promote healthy lifestyles, including the prevention and cessation of the use of tobacco, alcohol, and other drugs by the citizens of Delaware. The fund may also be used to promote preventive care for Delawareans in order to detect and avoid adverse health conditions, particularly cancer and other tobacco-related diseases [1.1].
Delaware Cancer Consortium
The Delaware Cancer Consortium coordinates cancer prevention and control activities in the state of Delaware. The consortium provides advice and support to state agencies, cancer centers, cancer control organizations, and health care practitioners regarding their role in reducing mortality and morbidity from cancer. The consortium also facilitates collaborative partnerships among public health agencies, cancer centers, and all other interested agencies and organizations to carry out recommended cancer control strategies [1.2].
External and Public Reporting of Claims Data
The External and Public Reporting of Claims Data law requires that claims data provided to a requesting person must be provided under DHIN’s existing confidentiality and data security protocols and in compliance with applicable state and federal laws relating to the privacy and security of protected health information [3.2]. Claims data provided to the Delaware Health Care Claims Database may be provided to a requesting person only when a majority of the DHIN Board of Directors determines that the claims data should be provided to the requesting person to facilitate the purposes of this subchapter or to the Delaware Health Care Commission [3.2].
Conclusion
It is recommended that you consult with legal counsel to ensure that you are in compliance with all relevant laws and regulations when collecting health information from participants in Delaware.
Source(s):
- [1.1] Delaware Health Fund.
- [2.1] Purpose; creation of Delaware Health Information Network; powers and duties; Immunity from suit; limitation of liability; property rights; regulations; resolution of disputes; privacy; protection of information; no pledge of state credit; no assumption of liability by State [Transferred].
- [3.1] Privacy; protection and use of information.
- [1.2] Cancer; Delaware Cancer Consortium.
- [3.2] External and public reporting of claims data.
Jurisdiction
Delaware