Delaware Administrative Code
Title 1 - Authorities, Boards and Commissions
100 - Delaware Health Information Network
101 - Delaware Health Information Network Regulations on Participation and Use of Data
Section 101-6.0 - Dispute Resolution
Current through Register Vol. 28, No. 3, September 1, 2024
6.1 Unless otherwise provided by the Act, any dispute that involves DHIN or its services shall be subject to dispute resolution under this section. Such disputes may involve Participants, DHIN or members of the public where there is a claim that this or other regulations or statutes were violated by any of the foregoing. A dispute may also be the result of an inquiry or request for information that is not responded to in a reasonable manner.
6.2 The Chair of the Board may appoint a number of individuals subject to approval by the Committee to serve on a Dispute Resolution Committee ("DRC"). The DRC shall be comprised of panels of no less than three or more than five members. No member may serve on a case before the DRC where that member has a conflict of interest as set forth in 29 Del.C. Chapter 58. The presiding member of the panel must be a member of the Board. The Board may promulgate rules for procedures for matters to be determined by the DRC. The DRC and the Board are authorized to grant relief to include financial penalties, suspension and termination of an entity or individual's Participation in or use of DHIN and its services.
6.3 Any party aggrieved by the decision of the DRC may seek review by filing written exceptions to the Panel's decision within ten days of the decision as would be computed in the Delaware Superior Court. The review shall be presented to the Board who may overturn the Panel's decision by a majority vote of a quorum of the Board.
6.4 An aggrieved party may seek legal review on the record only in accordance with 29 Del.C. Ch. 101, Subchapter V, and only to the extent that such legal review is not precluded by the Act or other relevant law.
