TITLE 16

Health and Safety

Local Boards of Health; Health Programs

CHAPTER 1. Department of Health and Social Services

Subchapter IX. Healthy Mothers and Children

§ 195. Division of Public Health; use of funds.

The Division of Public Health may use any money appropriated to it for the purpose of improving the health of mothers, expectant mothers and infants, for related research, and for other purposes related to the prevention and improvement of the health of mothers, expectant mothers and infants.

75 Del. Laws, c. 224, §  170 Del. Laws, c. 186, §  1

§ 196. Delaware Healthy Mother and Infant Consortium.

(a) The Delaware Healthy Mother and Infant Consortium (“Consortium”) is hereby established and shall coordinate efforts to prevent infant mortality and improve the health of women of childbearing age and infants in the State.

(b) The Consortium’s initial priorities and agenda shall be the recommendations contained in the report entitled “Reducing Infant Mortality in Delaware — Recommendations of the Infant Mortality Task Force,” released in May 2005, or its successor.

(c) The Consortium will:

(1) Provide advice and support to state agencies, hospitals and health-care practitioners regarding their roles in reducing infant mortality and improving the health of women of childbearing age and infants.

(2) Facilitate collaborative partnerships among public health agencies, hospitals, health-care practitioners and all other interested agencies and organizations to carry out recommended infant mortality improvement strategies.

(3) Recommend standards of care to ensure healthy women of childbearing age and infants.

(4) Coordinate efforts to address health disparities related to the health of women of childbearing age and infants.

(5) Oversee development and implementation of research activities to better understand causes of infant mortality.

(6) Coordinate efforts to prevent conditions and behaviors that lead to unhealthy women of childbearing age and infants.

(7) Meet semi-annually with the Secretary of Health and Social Services to review progress, priorities, and barriers related to the Consortium’s purpose.

(8) Recommend legislation and regulations that will enhance the health of women of childbearing age and infants.

(9) On an annual basis issue a report to the Governor on the status of the health of women of childbearing age and infants and progress in implementing recommendations of the Infant Mortality Task Force.

(d) The Consortium’s permanent membership shall be as follows:

(1) Two representatives of the Delaware House of Representatives and 2 representatives of the Delaware State Senate (1 selected by each caucus);

(2) One representative of the Governor’s office;

(3) The Secretary of the Department of Children, Youth, and Their Families, or the Secretary’s designee;

(4) The Secretary of the Department of Health and Social Services or the Secretary’s designee; and

(5) Fifteen additional members approved by the Governor who shall represent the medical, social service and professional communities as well as the general public.

(e) The Consortium’s permanent members may enact procedures to appoint additional persons to the Consortium. The Consortium, by rule and regulation, shall establish categories of membership, specify voting rights for each category, designate the number needed for a quorum to transact business, provide for election of officers, and adopt such procedures as are necessary to carry out the business of the Consortium.

(f) Appointees to the Consortium shall serve at the pleasure of the individual or entity that appointed them.

(g) The Consortium shall have a chair and a vice chair, to be designated from among permanent members by the Governor and who shall serve as president and vice-president at the pleasure of the Governor. Staff support for the Consortium shall be provided by the Delaware Division of Public Health.

75 Del. Laws, c. 224, §  170 Del. Laws, c. 186, §  1

§ 197. Delaware Perinatal Quality Collaborative.

(a) (1) The Delaware Perinatal Quality Collaborative (“Collaborative”) is established to improve pregnancy outcomes for women and newborns by addressing all of the following:

a. Obstetrical blood loss management.

b. Pregnant women with substance use disorder.

c. Infants born with neonatal abstinence syndrome.

d. Advancing evidence-based clinical practices and processes through quality care review, audit, and continuous quality improvement.

(2) The Collaborative shall function in cooperation with the Delaware Healthy Mother and Infant Consortium.

(b) The Collaborative is comprised of the following members:

(1) The Chair of the Delaware Healthy Mother and Infant Consortium.

(2) The Chair of the Child Death Review Commission.

(3) The President of the Delaware Healthcare Association.

(4) The Chair of the Delaware Chapter of the American College of Obstetricians and Gynecologists.

(5) The President of the Board of Directors of the Delaware Chapter of the American Academy of Pediatrics.

(6) The President of the Board of Directors of the Delaware Chapter of the American Academy of Family Physicians.

(7) The Chair of the Delaware Chapter of the Association of Women’s Health, Obstetric and Neonatal Nurses.

(8) One member, appointed by the Governor in consultation with the Chair of the Collaborative, who is a consumer advocate for patient-centered care and is committed to and interested in reducing maternal morbidity and mortality.

(9) A licensed midwife, appointed by the Governor in consultation with the Chair of the Midwifery Advisory Council, who is a nonvoting member.

(10) Seven members, appointed by the Governor to represent both of the following:

a. Hospitals, as defined in § 1001 of this title, that provide childbirth and delivery services.

b. Freestanding birthing centers, as defined in § 122(3)p.1. of this title.

(c) (1) An appointed member serves at the pleasure of the appointing authority.

(2) A member who serves by virtue of position may designate another individual to serve in the member’s place, at the member’s pleasure.

a. A member making a designation under this paragraph (c)(2) must provide the designation in writing to the Chair.

b. A designee of a member who serves by virtue of position has the same duties and rights as the member who serves by virtue of position.

(d) The Governor may consider a member to have resigned if the member is absent for 3 consecutive, regular meetings.

(e) (1) The Collaborative shall annually elect a Chair and a Vice-Chair.

(2) A majority of the voting members of the Collaborative constitutes a quorum. A vacant position is not counted for quorum purposes.

(3) The approval of a majority of the voting members present at a meeting with quorum is required for the Collaborative to take official action.

(4) The Collaborative may adopt rules and by-laws necessary for its operation.

(5) The Collaborative shall meet at the call of the Chair, or as provided by by-laws adopted by the Collaborative, but must meet at least once a year.

(f) (1) Each member of the Collaborative shall comply with the provisions under Chapter 58 of Title 29.

(2) The members of the Collaborative serve without compensation. However, members may be reimbursed for reasonable and necessary expenses incident to their duties as members of the Collaborative, to the extent that funds are available.

(3) The Collaborative’s expenditures must be made under Chapter 69 of Title 29.

(g) The Collaborative shall do all of the following:

(1) Maintain a core set of quality improvement projects based on best practices and interventions that have a measurable impact on health outcomes.

(2) Identify performance metrics to set statewide quality benchmarks.

(3) Support the use of real-time hospital and facility-based data to perform rapid-cycle quality improvement and advocate for real-time data at a state level.

(4) Share successes of quality improvement projects at hospitals and facilities.

(h) The Collaborative may do all of the following:

(1) Develop a responsive, real time, risk-adjusted, statewide perinatal data system.

(2) Access timely, accurate, and standardized information and utilize perinatal data to drive quality improvement initiatives.

(3) Develop a collaborative, confidential data-sharing network, including public and private obstetric and neonatal providers, insurers, and public health professionals, to support a system for peer review, bench marking, and continuous quality improvement activities for perinatal care.

(4) Conduct other activities the Collaborative considers necessary to carry out the intent of the General Assembly as expressed in this section.

(i) The Collaborative is constituted as an independent public instrumentality. For administrative and budgetary purposes only, the Collaborative is placed within the Department of Health and Social Services, Division of Public Health.

(j) (1) The Collaborative is not a public body under Chapter 100 of Title 29.

(2) The meetings of the Collaborative are closed to the public unless otherwise determined by the Chair of the Collaborative, except that the Collaborative shall hold at least 2 public meetings each year to receive comment on the general state of pregnancy outcomes for women and newborns in this State.

(3) The Collaborative shall provide an annual report to the General Assembly containing recommendations for improving pregnancy outcomes for women and newborns in this State.

(4) Any document received or generated by the Collaborative is not a public record under Chapter 100 of Title 29 and is confidential under § 1768(b) of Title 24. Notwithstanding the foregoing, documents received from the public at, agendas for, or minutes of the Collaborative’s public meetings are a “public record” under Chapter 100 of Title 29, unless determined not to be “public record” under § 10002 of Title 29.

(5) The Collaborative is a peer review committee under § 1768(a) of Title 24.

82 Del. Laws, c. 260, § 183 Del. Laws, c. 65, § 1