CHAPTER 361

FORMERLY

SENATE BILL NO. 285

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO ACCESS OF THE CHILD DEATH, NEAR DEATH, AND STILL BIRTH COMMISSION TO PROTECTED HEALTH INFORMATION AND OTHER RECORDS AND INFORMATION.

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

Section 1. Amend §711(3) of Title 16 of the Delaware Code by inserting between the phrases “state agencies” and “or state courts” as they appear therein the following:

“, including the Child Death, Near Death and Still Birth Commission,”.

Section 2. Amend § 711(3) of Title 16 of the Delaware Code by striking the phrase “Chapter 9 of this title;” as it appears therein, and by substituting in lieu thereof the following::

“Chapter 9 of this Title, or as related to Child Death, Near Death or Still Birth Commission investigations pursuant to Subchapter II of Title 31;”

Section 3. Amend § 1203(a)(7) of Title 16 of the Delaware Code by striking the phrase “service reviews.” As it appears therein, and by substituting in lieu thereof the following:

“service reviews, including the Child Death, Near Death and Still Birth Commission conducting reviews pursuant to Title 31.”

Section 4. Amend §1230(3) of Title 16 of the Delaware Code by deleting the word "and" in paragraph b. of said subsection, and by replacing the period at the end of paragraph c. of said subsection with a semi-colon, and by adding a new paragraph “d.” of said subsection to read as follows:

“d. Review by the Child Death, Near Death and Still Birth Commission.”

Section 5. Amend §1231(a) of Title 16 of the Delaware Code by inserting between the phrases “and/or its agencies” and “shall be used” as they appear therein the following:

“and by the Child Death, Near Death, and Still Birth Commission”.

Section 6. Amend §1232(d) of Title 16 of the Delaware Code by deleting the word "or" in paragraph (4) of said subsection, and by replacing the period at the end of paragraph (5) of said subsection with a semi-colon, and by adding a new paragraph (6) of said subsection to read as follows:

“(6) To the Child Death, Near Death and Still Birth Commission.”

Section 7. Amend § 1232 of Title 16 of the Delaware Code by adding a new subsection “(h)” to said section, to read as follows:

“(h) The Child Death, Near Death and Still Birth Commission is an entity charged with helping to safeguard the health and safety of children. It shall be recognized as a ‘health oversight agency’, and as a ‘public health authority’, and it shall be recognized in the performance of its functions as a peer review organization or auditor or evaluator with respect to any aspect of health care delivery systems or providers.”

Section 8. Amend §5161(b)(13) of Title 16 of the Delaware Code by redesignating subparagraph “h.” thereof as subparagraph “i.”, and by inserting a new subparagraph “h.” to read as follows:

“h. As requested by the Child Death, Near Death and Still Birth Commission pursuant to an investigation or review;”

Approved July 6, 2006