Delaware Administrative Code
Title 1 - Authorities, Boards and Commissions
100 - Delaware Health Information Network
102 - Delaware Health Information Network Regulations on Use of Clinical Data for Approved Analytic Purposes
Section 102-3.0 - General Data Access Provisions

3.1 Available Clinical Data may be released to a person or organization for purposes of:

3.2 Unless otherwise provided for in this regulation, requests for access to Available Clinical Data or for analytic services based thereupon shall require completion of a written Data access application, in a form to be published by DHIN on its website, that describes the intended purpose and use 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. DHIN may require such additional information from a data requestor as DHIN determines, in its discretion, is required to evaluate any particular request. Exceptions to this rule include:

3.3 If authorized by the Committee or the Board, de-identified data or the analytic evaluation thereof may be released to applying parties or the public without obtaining full Board or Committee review.

3.4 Requests for limited data sets or identified data, or for analytic services based upon such data, must be reviewed by the Committee to determine whether the request complies with the purposes of the Act and this regulation.

3.5 DHIN shall not provide identified data to any requesting party without first obtaining or being provided with written consent from the patient authorizing such disclosure. Such consent must be in a form consistent with HIPAA and must explicitly authorize DHIN or health information exchanges generally to release identified data to the requesting party.