DELAWARE STATE SENATE

150th GENERAL ASSEMBLY

SENATE RESOLUTION NO. 9

ESTABLISHING A TASK FORCE TO RESEARCH, DISCUSS, AND MAKE FINDINGS AND RECOMMENDATIONS REGARDING THE JOINT LEGISLATIVE OVERSIGHT AND SUNSET COMMITTEE'S REVIEW OF THE DELAWARE HEALTH INFORMATION NETWORK.

WHEREAS, the Joint Legislative Oversight and Sunset Committee (“JLOSC”) reviewed the Delaware Health Information Network (“DHIN”) in 2019; and

WHEREAS, DHIN’s review resulted in 4 recommendations that relate to statutory changes to DHIN’s governing statute, Chapter 103 of Title 16 being presented for JLOSC’s consideration; and

WHEREAS, 3 of the 4 recommendations require additional research and discussion among interested agencies and citizens to assist JLOSC in making decisions whether to adopt the recommendations; and

WHEREAS, JLOSC expressed its desire to create a task force, comprised of JLOSC staff, relevant agencies, and members of the public, to address the implementation of the 3 recommendations and report back to JLOSC in January 2020.

NOW, THEREFORE:

BE IT RESOLVED by the Senate of the 150th General Assembly of the State of Delaware that the Joint Legislative Oversight and Sunset Committee Task Force on the Delaware Health Information Network (“Task Force”) is established.

BE IT FURTHER RESOLVED that the Task Force research, discuss, and make findings regarding Recommendations 2, 4, and 6 of the JLOSC’s 2019 review of DHIN, and report its findings and recommendations to the JLOSC. The Task Force may find that the JLOSC should consider additional recommendations that the Task Force identifies.

BE IT FURTHER RESOLVED that the Task Force is composed of 11 members. A member who serves by virtue of position may appoint a designee to serve in that member’s stead and at that member’s pleasure. Membership is comprised as follows:

(1) One JLOSC Analyst.

(2) One JLOSC Legislative Attorney.

(3) The Chief Executive Officer of DHIN.

(4) General Counsel of DHIN.

(5) Chief Operating Officer of DHIN.

(6) The Chair of the DHIN Board of Directors.

(7) An individual who represents data senders, such as hospitals or labs, as designated by the DHIN Board of Directors.

(8) The Lieutenant Governor, or the Lieutenant Governor may appoint a designee from the Behavioral Health Consortium.

(9) The Dean of the University of Delaware’s College of Health Sciences.

(10) The Secretary of the Department of Health and Social Services.

(11) The Director of the Division of Public Health.

BE IT FURTHER RESOLVED that at least 5 individuals serve as consultants to the Task Force. A consultant who serves by virtue of position may appoint a designee to serve in that consultant’s stead and at that consultant’s pleasure. A consultant does not vote or have any duties or powers reserved for a Task Force member. Consultants are comprised as follows:

(1) One analyst from the Controller General’s Office.

(2) The Chief Information Officer of the Department of Technology and Information.

(3) The Chief Executive Officer of the Gift of Life Program.

(4) The Bureau Chief of the Bureau of Correctional Healthcare Services.

(5) An individual who specializes in pharmacy data, selected by the Task Force members.

(6) Any other organization or individual that the Task Force may determine helpful in meeting its duties.

BE IT FURTHER RESOLVED that a member or consultant may appoint a designee. A member or consultant who appoints a designee must provide the designation in writing to the chair. A designee has the same duties and rights as the member or consultant the designee represents.

BE IT FURTHER RESOLVED that the JLOSC Analyst and JLOSC Legislative Attorney serve as co-chairs of the Task Force.

BE IT FURTHER RESOLVED that the co-chairs of the Task Force are responsible for guiding the administration of the Task Force by doing, at a minimum, all of the following:

(1) Notifying all Task Force members of their selection to serve on the Task Force and all consultants of their selection to serve as consultants.

(2) Setting a date, time, and place for the initial organizational meeting.

(3) Supervising the preparation and distribution of meeting notices, agendas, minutes, correspondence, and reports of the Task Force.

(4) Sending, after the first meeting of the Task Force, a list of the members of the Task Force and the person who appointed them to the Joint Legislative Oversight and Sunset Committee and the Director of the Division of Research of Legislative Council.

(5) Providing meeting notices, agendas, and minutes to the Director of the Division of Research of Legislative Council.

(6) Ensuring that the final report of the Task Force is submitted to the Joint Legislative Oversight and Sunset Committee with a copy to DHIN, the Director and the Librarian of the Division of Research of Legislative Council, and the Delaware Public Archives.

BE IT FURTHER RESOLVED that the Task Force must hold its first meeting no later than August 31, 2019.

BE IT FURTHER RESOLVED that a quorum of the Task Force is a majority of its members. A vacant position is not counted for quorum purposes.

BE IT FURTHER RESOLVED that:

(1) Official action by the Task Force, including making findings and recommendations, requires the approval of a majority of the members of the Task Force.

(2) The Task Force may adopt rules necessary for its operation. If the Task Force does not adopt rules or if the adopted rules do not govern a given situation, Mason’s Manual of Legislative Procedure controls.

BE IT FURTHER RESOLVED that the Division of Research is responsible for providing reasonable and necessary support staff, materials, and meeting locations for the Task Force.

BE IT FURTHER RESOLVED that the co-chairs must compile a report containing a summary of the Task Force’s work regarding the matters assigned to it in lines 14 through 17 of this Resolution, including any findings and recommendations adopted by the Task Force, and submit the report to the JLOSC and the Director and the Librarian of the Division of Research of Legislative Council no later than January 10, 2020.

BE IT FURTHER RESOLVED that this Resolution expires on the date the Task Force submits its findings and recommendations

SYNOPSIS

The Joint Legislative Oversight and Sunset Committee ("JLOSC") reviewed the Delaware Health Information Network (“DHIN") in 2019. As a result of that review, 4 recommendations relating to statutory changes to DHIN’s govnering statute were presented for JLOSC's consideration. JLOSC determined that a task force should be created to research, discuss, and report back to JLOSC its findings on the implementation of 3 of the 4 recommendations. JLOSC decided to form the task force through a simple resolution.

This Resolution establishes the Joint Legislative Oversight and Sunset Committee Task Force on the Delaware Health Information Network (“DHIN”). In addition to the 11 members of the Task Force, several consultants are also named, to share their expertise with the Task Force. The Task Force must hold its first meeting by August 31, 2019, and submit a final report of its findings and recommendations to JLOSC by January 10, 2020.

The Task force will not approve the implementation of a recommendation or authorize or require a change in any statute, policy, or practice. The Task Force is designed, authorized, and limited to do only the following:

- Research the background of and relevant information relating to JLOSC’s Recommendations 2, 4, and 6.

- Discuss the merits and concerns of each recommendation.

- Report back to JLOSC on what the Task Force found in its research and discussions.

Consultants are specified to ensure their participation in the Task Force, while the number of members is kept limited in the interest of meeting quorum and scheduling requirements more easily.

Author: Senator Lockman