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Senate Legislative Oversight & Sunset Committee Meeting

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Senate Legislative Oversight & Sunset Committee Meeting 1 Senate Legislative Oversight & Sunset Committee Meeting Official Minutes 151st General Assembly First Session Committee Meeting Wednesday, March 31, 2021 11:30 a.m. Virtual Zoom Meeting Meeting Attendance Committee Members Present: Senator Kyle Evans Gay [email protected] Senator Marie Pinkney [email protected] Senator Brian Pettyjohn [email protected] Senator Bryant Richardson [email protected] Absent: Senator Stephanie Hansen [email protected] Staff: Mary Grace Colonna [email protected] Abigail Armstrong [email protected] Attendees: Organization: Amanda McAtee Division of Research Caitlin Del Collo Delaware Senate Christina Bryan Delaware Healthcare Association Elizabeth Lewis Holly Vaughn Wagner Division of Research/Legislative Council Jan Lee Delaware Health Information Network Keri Rapa Delaware General Assembly Mark Brainard Jr. Joint Legislative Oversight & Sunset Committee Mary Kate McLaughlin Read Scott Delaware Senate Scott Perkins Delaware Health Information Network Stacey Schiller Delaware Health Information Network Victoria Brennan CGO Minutes prepared by Abigail Armstrong 2 Agenda: SB 86 SB 87 SB 88 Senator Gay convened the meeting at 11:39 a.m. and conducted roll call. Senator Gay welcomed everyone to the Senate Legislative Oversight & Sunset Committee. The effort brought to the Joint Committee was appreciated. Senator Gay looks forward to efficiently move forward legislation already discussed in the Joint Committee meetings. I. SB 86 – Sen. Gay – AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE DELAWARE ADVISORY COUNCIL ON CAREER AND TECHNICAL EDUCATION. Synopsis: This Act is a result of the Joint Legislative Oversight and Sunset Committee’s (“JLOSC”) 2019 review of the Delaware Advisory Council on Career and Technical Education (“DACCTE”), and adds a requirement to DACCTE’s annual report to provide students and families access to information regarding educational, employment, and training opportunities. Senator Gay, the prime sponsor of the legislation, provided a synopsis This Act is a result of the Joint Legislative Oversight and Sunset Committee’s (“JLOSC”) 2019 review of the Delaware Advisory Council on Career and Technical Education (“DACCTE”). It adds requirements to the organization’s annual report and provides students and families access to information regarding educational employment and training opportunities. The Department of Education reached out to Senator Gay regarding the legislation and is in favor of the additional oversight and addition to the annual report. There was no public comment. SB 86 – Reported out of the Committee – 4= Favorable 1= on its Merits 0= Unfavorable II. SB 87 – Sen. Gay – AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE ANATOMICAL GIFTS AND THE DELAWARE HEALTH INFORMATION DATABASE. Synopsis: This Act requires the Delaware Health Information Network (“DHIN”) to provide the Gift of Life program – the State’s approved organ procurement organization, or “OPO” – with access to data on potential anatomical donors when the data is needed to determine the suitability for organ, tissue and eye donation for any purpose identified in Delaware’s Uniform Anatomical Gift Act. 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. Minutes prepared by Abigail Armstrong 3 Senator Gay, the prime sponsor of the legislation, provided a synopsis. This Act requires the Delaware Health Information Network (“DHIN”) to provide the Gift of Life program – the State’s approved organ procurement organization, or “OPO” – with access to data on potential anatomical donors when the data is needed to determine the suitability for organ, tissue and eye donation for any purpose identified in Delaware’s Uniform Anatomical Gift Act. 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. There was no public comment. SB 87 – Reported out of the Committee – 4= Favorable 1= on its Merits 0= Unfavorable III. SB 88 – Sen. Gay – AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE DELAWARE HEALTH INFORMATION NETWORK AND THE PROTECTION AND USE OF INFORMATION. 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 permitting the Delaware Health Information Network (“DHIN”) to use clinical healthcare data in its possession for appropriate analytic and public health purposes. This Act largely tracks current law regarding the use of health care claims data that DHIN holds. It requires DHIN to promulgate regulations to permit appropriate health-care payers, providers, purchasers, or researchers to access clinical data in DHIN’s possession under terms and conditions that DHIN and its Board of Directors establish. This Act maintains and enhances language that requires DHIN to disclose individually-identifiable patient information only with direct patient consent or for purposes permitted by the federal Health Insurance Portability and Accountability Act of 1996 and associated regulations (“HIPAA”). This Act also provides additional protections to consumers, by codifying DHIN’s general practice of providing Delaware residents with access to their own health information and requiring DHIN to promulgate regulations giving residents the ability to require DHIN to provide that health information to third parties under appropriate terms and conditions. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. Senator Gay, the prime sponsor of the legislation, provided a synopsis. This Act is also 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 permitting the DHIN to use clinical healthcare data in its possession for appropriate analytic and public health purposes. Senator Pettyjohn clarified that a lot of the bills were addressed in the Joint Sunset Committee. During those meetings, there was a lot of dialogue on these bills. Minutes prepared by Abigail Armstrong 4 There was no public comment. SB 88 – Reported out of the Committee – 4= Favorable 1= on its Merits 0= Unfavorable Senator Gay thanked all those involved in ensuring the bills came to fruition, especially those at DHIN and the Sunset Committee staff. Senator Gay adjourned the meeting at 11:48 a.m. Minutes prepared by Abigail Armstrong .
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