DelawareHB 156153rd General Assembly (2024–2026)HouseWALLET

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE HEALTHCARE ASSOCIATED INFECTIONS DISCLOSURE ACT.

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Bill Overview

Analyzed Economic Effects

5 provisions identified: 3 benefits, 1 costs, 1 mixed.

Expert committee and state infection specialist

The Secretary appoints an Advisory Committee of infection experts and health facility representatives. The Committee helps set how data is collected, analyzed, shared, and benchmarked, and can engage trained infection‑prevention staff. The Department also creates and funds a Healthcare Associated Infection Specialist with NHSN skills to analyze data.

Hospitals report infections, State posts results

Doctors who find an infection tied to a procedure must tell the facility. The facility then reports only infections that meet CDC NHSN rules and are required by law. All hospitals must be NHSN members and must let the State access their NHSN data. Hospitals send infection data every three months, covering a period that ends no earlier than 45 days before they submit. The State shares submitted data with each hospital 45 days after submittal, and hospitals have 7 days to review before it is posted. The Department publishes a risk‑adjusted annual report that compares each hospital to national NHSN rates and updates it quarterly. After June 30, 2010, the Department can update which infections are tracked after consulting experts.

Strong privacy for infection data

Patient Social Security numbers and any information that could identify a patient cannot be released. Most infection data reported under this law is privileged. It generally cannot be used as evidence, used for discipline, or released under state FOIA. There are limited exceptions named in the law.

Licenses tied to infection reporting and fines

To keep a State license, a health‑care facility must follow the infection reporting rules. If a facility breaks the law, the Department can suspend or end its license. The Department can also fine up to $500 per day for each violation. Each day in violation counts separately.

Infection reporting rules for prisons and others

Prisons and jails must collect and report infections tied to clinical procedures as set by State rules. The State keeps correctional data separate from hospital data. For other non‑hospital facilities, reporting can be required only if the Advisory Committee agrees, after CDC or Medicare issue final rules, and after an economic and health review. If required, reporting must mirror hospital rules, with changes only for unique facility needs.

Sponsors & Cosponsors

Sponsor

Frank Burns
Democratic • House

Cosponsors

Nnamdi O. Chukwuocha
Democratic • House
Kendra Johnson
Democratic • House
Eric Morrison
Democratic • House
Ray Seigfried
Democratic • Senate
John "Jack" Walsh
Democratic • Senate

Roll Call Votes

All Roll Calls

Yes: 61 • No: 0

Senate vote • 6/26/2025

Passed (2/3 required)

Yes: 21 • No: 0

House vote • 6/10/2025

Passed (SM required)

Yes: 40 • No: 0

Actions Timeline

Signed by Governor
8/25/2025Governor
Passed By Senate. Votes: 21 YES
6/26/2025Senate
Reported Out of Committee (Health & Social Services) in Senate with 1 Favorable, 4 On Its Merits
6/18/2025Senate
Assigned to Health & Social Services Committee in Senate
6/10/2025Senate
Passed By House. Votes: 40 YES 1 ABSENT
6/10/2025House
Reported Out of Committee (Health & Human Development) in House with 2 Favorable, 9 On Its Merits
5/21/2025House
Introduced and Assigned to Health & Human Development Committee in House
5/8/2025House

Bill Text

Current
5/8/2025
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