DELAWARE STATE SENATE

151st GENERAL ASSEMBLY

SENATE BILL NO. 118

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO LONG-TERM CARE FACILITIES AND SERVICES AND THE DELAWARE HEALTH INFORMATION NETWORK.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Subchapter I, Chapter 11, Title 16 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 1119D. Coordination of Care with the Delaware Health Information Network.

(a) A long-term care that provides services to a Delaware resident must enroll in the Delaware Health Information Network, under Chapter 103 of this title, as an active user of the Community Health Record, no later than 30 days after the long-term care facility begins providing the services.

(b) A long-term care facility that uses an electronic health record or electronic medical record in providing services to a Delaware resident must enter into an agreement with the Delaware Health Information Network (“DHIN”) to provide DHIN with a summary of each episode of care in an electronic format that DHIN establishes. The long-term care facility must enter into the agreement with DHIN no later than 90 days after the long-term care facility begins providing the services.

Section 2. A long-term care facility that is providing services to a Delaware resident on or before [the enactment date of this Act] must enroll in the Delaware Health Information Network under § 1119D(a) of Title 16 no later than 30 days after [the enactment date of this Act].

Section 3. A long-term care facility that is using an electronic health record or electronic medical record in providing services to a Delaware resident on or before [the enactment date of this Act] must enter into the agreement with the Delaware Health Information Network under § 1119D(b) of Title 16 no later than 90 days after [the enactment date of this Act].

SYNOPSIS

This Act is the result of the 2019 report of the Joint Legislative Oversight and Sunset Committee's task force under Senate Resolution No. 9 of the 150th General Assembly. which recommended requiring long-term care facilities to enroll in and provide summaries of care to the Delaware Health Information Network ("DHIN"). To improve quality and coordination of care across the State, this Act requires long-term care facilities to enroll in DHIN and provide summaries of care to DHIN.

Under this Act, long-term care facilities that provide services in Delaware as of the date this Act is enacted must enroll in DHIN under § 1119D(a) of Title 16 no later than 30 days after the date of enactment, and must enter into an agreement with DHIN under § 1119D(b) of Title 16 no later than 90 days after the date of enactment.

Long-term care facilities that begin providing services in Delaware after the date this Act is enacted must enroll in DHIN under § 1119D(a) of Title 16 no later than 30 days after beginning to provide the services, and must enter into an agreement with DHIN under § 1119D(b) of Title 16 no later than 90 days after beginning to provide the services.

Author: Senator Gay