Handles health records, in Delaware

Del. Code Ann. tit. 16, §§ 1210 to 1213 · Read the law's page

• If you are the Department of Health and Social Services or one of the review commissions section 1211(a) names, use protected health information you collect solely for legitimate public health purposes, limit each use to the minimum amount the official using it reasonably believes is necessary, use nonidentifiable health information whenever possible, never use it for commercial purposes, and expunge it once its use no longer furthers the purpose for which it was acquired.
• Do not disclose protected health information without the informed consent of the individual (a dated written authorization, on a form substantially similar to the Department's, that names the recipient, the general purpose and the period it is effective), except as section 1212(d) and (e) allow, and disclose it in nonidentifiable form and in the minimum amount necessary whenever possible.
• If you received protected health information under the subchapter, do not disclose it to another person except as the subchapter authorizes. The bar does not apply to disclosure to the individual, to the individual's parents, guardians or other lawful decision-makers where the individual cannot consent, or by a person specifically required by federal or state law to disclose.
• If you are a medical laboratory, give an individual a copy of the results of that individual's laboratory examination on written request. You may require a reasonable copying fee for copying and transmitting the records.

Del. Code Ann. tit. 24, § 1761 · Read the law's page

• If you are certified to practice medicine in Delaware and a patient changes to another certified physician, transfer a copy of the patient's records to the current physician on the request of either the current physician or the patient. You may charge the reasonable copying expenses under the Board of Medical Licensure and Discipline's payment schedule and the actual cost of postage or shipping, or, if the patient and the current physician agree, send a summary of the record at no charge to the patient.
• Give a patient who asks a copy of the patient's own medical records, for the charges under the Board's payment schedule and the actual cost of shipping, within 45 days from the closure of the record or the assembly of a complete record unless a faster response is medically necessary. You may require payment of costs before furnishing the copies, except for copies requested to make or complete an application for a disability benefits program.
• If a patient leaves your care without notifying you, or does not request a transfer, maintain the patient's records for 7 years from the last entry date, and permanently dispose of them only in a manner that insures the confidentiality of the records.
• If you are discontinuing a medical-practice business in Delaware, leaving the State, or terminating a patient-physician relationship and are not transferring patient records to another certified physician, notify your affected patients of record no less than 30 days before the discontinuation of physician services, by an electronic message through the electronic medical record system if the patient is enrolled to receive messages through one and by a letter sent by first-class mail. The notice must say how the patient can obtain the patient's records, give the name, phone number and address of other health-care providers in the area who may accept new patients, and state the date you will discontinue services. If you are closing a practice and the records will no longer be available at your place of business, also give the Board of Medical Licensure and Discipline notice of how former patients may obtain medical records.