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101 Delaware Health Information Network Regulations

Published: 2015

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Title 1 Authorites, Boards and Commissions

100 Health Care Commission

101 Delaware Health Information Network Regulations

1.0 Board of Governance and Administration

1.1 Appointment; Terms of Office

1.1.1 Individuals appointed to the Board of the Delaware Health Information Network (hereafter "Board") shall be appointed in writing by the entity holding the power of appointment pursuant to 16 Del.C. §9921. The appointing entity may remove any of its appointees by appointing another with at least thirty days notice to the Chairperson of the Board.

1.1.2 Individuals shall be appointed to the Board for a term of three years, except as provided herein. The term for each Board position shall be staggered by thirds, more or less, so that the first term for a Board position may be one, two or three years and shall be determined by lot. The Secretary shall maintain a record of the terms for each Board position. Terms shall commence on January 1 and expire on December 31 of the appropriate year and upon appointment of their successors.

1.1.3 A member of the Board may be removed for cause by the majority of the members appointed to the Board and confirmed by the Delaware Health Care Commission.

1.2 Officers of the Board; Duties

1.2.1 One member of the Board shall be elected to serve as Chairperson by a majority of the members appointed to the Board. The Chairperson shall: preside over meetings of the Board; maintain good order; determine the agenda for meetings appoint the membership of committees and work groups, except the Executive Committee; execute documents in the name of the Board; and perform such other matters as determined by the Board.

1.2.2 One member of the Board shall be elected to serve as Vice-Chairperson by a majority of the members appointed to the Board. The Vice-Chairperson shall perform the duties of the Chairman when he or she is not able to do so.

1.2.3 One member of the Board shall be elected to serve as Secretary by a majority of the members appointed to the Board. The Secretary shall maintain the records of the Board and its members, and attest to the official matters of the Board. Additionally, the Secretary shall perform the duties of the Chairman when the Chairperson and Vice-Chairperson are not able to do so.

1.3 Committees, Work Groups

1.3.1 The Board shall have an Executive Committee and such other committees or work groups as may be desirable from time to time. A member of the Board shall serve as the Chairperson of such committees. The Executive Committee shall be comprised of 7 members, to include the Chairperson, who shall preside, the Vice-Chairperson, the Secretary and 4 other members elected by a majority of the Board. The Executive Committee is authorized to act on behalf of the full Board where the full Board can not be reasonably convened to act in a timely manner on a matter, as assigned by the Board.

1.3.2 No Committee, except the Executive Committee, or work group needs a quorum to conduct business. Nevertheless, such meetings shall be conducted publicly, unless the meeting is determined to be closed to the public.

1.3.3 Meetings and activities of committees and work groups shall be determined by the committee and group leadership, and in accordance with the direction of the Board.

1.4 Board Meetings; Notice

1.4.1 The Chairperson, with the advice of the Board, shall determine the frequency and schedule of Board meetings and with the assistance of the staff provide the required notices pursuant to 29 Del.C., Ch. 100.

1.4.2 A majority of the members of the Board shall constitute a quorum and shall be sufficient for any action by the Board provided, however, that if the number afterwards should be reduced below a quorum, business is not interrupted unless a member calls attention to the fact.

1.4.3 The Board may convene special meetings or reschedule meetings as provided by law.

1.4.4 All meetings of the Board shall be conducted in public unless it is closed to the public in accordance with law.

1.5 Public Access to Records

1.5.1 The Board shall permit access to its public records in accordance with the law and as that term is defined in 29 Del.C., Ch. 100. A Delaware citizen that wishes to inspect the Board's public records shall call or write to staff to determine a convenient time and place. The Board may impose a reasonable charge for requested copying of any public records. The Chairperson may request legal advice from the Attorney General and authorize access to public records.

1.5.2 No access shall be provided to the health information network or data without an order of the Health Care Commission or otherwise in accordance with these rules.

1.6 Conflict of Interest; Recusal

1.6.1 The members shall conduct themselves in accordance with the Delaware Code of Ethics, 29 Del.C., Ch. 58.

1.6.2 If any member has a conflict of interest as defined in the Code of Ethics, they shall recuse themselves from voting in the matter. The conflicted members may participate in discussions on the conflicted matter as long as they have disclosed the nature of the conflict to the other members. If they choose not to disclose the nature of the conflict to the other members, such conflicted members must publicly state at the Board meeting or in writing to the Chairperson they will not be participating in the conflicted matter. The Secretary shall maintain a record of such recusals.

1.6.3 Members may seek legal advice on purported conflicts from the Attorney General or a determination from Ethics Counsel.

1.7 Statutory Authority

1.7.1 The Delaware Health Care Commission is authorized pursuant to 16 Del.C. §9925(a) to promulgate these rules in accordance with 29 Del.C., Ch. 101.

2 DE Reg. 2046 (5/1/99)