CHAPTER 307

FORMERLY

HOUSE BILL NO. 381

AS AMENDED BY

HOUSE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO ADVANCE HEALTH-CARE DIRECTIVES AND HEALTH-CARE INFORMATION.

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

Section 1. Amend § 2509, Chapter 25 of Title 16 of the Delaware Code by designating the existing provisions of § 2509 as subsection “(a)” and adding to § 2509 a new subsection “(b)” to read as follows:

“(b) Unless otherwise specified in an advance health-care directive or court order, an agent appointed by a valid advance health-care directive under this Chapter, a surrogate determined and confirmed under § 2507 of this Chapter or a guardian of the person of a minor or adult appointed pursuant to a court order shall be authorized as a ‘personal representative’ with full authority and standing thereof as provided in the Health Insurance Portability and Accountability Act, its regulations and the standards issued by the Secretary of the United States Department of Health and Social Services.”.

Section 2. This Act shall apply to any agent appointed by a valid advance health-care directive, determination and confirmation of a surrogate and court appointment of a guardian of the person of a minor or adult in existence on and after the date of enactment of this Act although created before the enactment of this Act.

Approved July 3, 2008