Delaware Code Title 16 Sec. 10304 – Immunity from suit; limitation of liability
(a) (1) A Board member, whether temporary or permanent, is not subject to and is immune from claim suit, liability, damages, or other recourse, whether civil or criminal, arising from the member’s act, proceeding, decision, or determination performed or reached in good faith and without malice in carrying out the responsibility, authority, duty, power, or privilege of DHIN.
(2) Immunity under this subsection applies to a member acting individually or jointly with another member.
(3) Good faith is presumed under this subsection until proven otherwise. The burden to prove malice is on the complainant.
(4) The immunity from suit provided to state employees under the Delaware Constitution and §§ 4001 through 4005 of Title 10 applies to a DHIN employee or staff member, whether temporary or permanent.
Terms Used In Delaware Code Title 16 Sec. 10304
- Board: means the Delaware Health Information Network Board of Directors. See Delaware Code Title 16 Sec. 10312
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- DHIN: means the Delaware Health Information Network. See Delaware Code Title 16 Sec. 10312
- Provider: includes a hospital or health-care practitioner participating in a group arrangement, including an accountable care organization, in which the hospital or health-care practitioner agrees to assume responsibility for the quality and cost of health care for a designed group of beneficiaries. See Delaware Code Title 16 Sec. 10312
- Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
- State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
(b) DHIN is not a health-care provider and is not subject to claims under Chapter 68 of Title 18. A person who participates in or subscribes to the services or information that DHIN provides is not liable in an action for damages or costs of any nature, in law or equity, which result solely from that person’s use or failure to use DHIN information or data that was imputed or retrieved under DHIN’s rules or regulations. A person may not be subject to antitrust or unfair competition liability based on membership or participation in DHIN as the State‘s sanctioned provider of health information services that are deemed to be essential to governmental function for the public health and safety.
71 Del. Laws, c. 177, § ?1; 70 Del. Laws, c. 186, § ?1; 77 Del. Laws, c. 368, §§ ?9, 10, 16; 80 Del. Laws, c. 329, § ?1; 83 Del. Laws, c. 137, § 5;