Terms Used In Delaware Code > Title 16 > Chapter 12 - Informed Consent and Confidentiality

• Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Attorney-at-law: A person who is legally qualified and licensed to practice law, and to represent and act for clients in legal proceedings.
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Claim: means a request from a pharmacy or pharmacist to be reimbursed for the cost of filling or refilling a prescription for a drug or for providing a medical supply or device. See Delaware Code Title 18 Sec. 3321A
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Contracted pharmacy: means a pharmacy that participates in the network of a pharmacy benefits manager through a contract with a pharmacy benefits manager, a pharmacy services administration organization, or a group purchasing organization. See Delaware Code Title 18 Sec. 3321A
• Customer: means a person who purchases portable electronics or services. See Delaware Code Title 18 Sec. 2051
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Decedent: A deceased person.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Dependent: A person dependent for support upon another.
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Division: means the Division of Public Health. See Delaware Code Title 16 Sec. 101
• Donor: The person who makes a gift.
• Drug shortage list: means a list of drug products listed on the federal Food and Drug Administration's Drug Shortages website. See Delaware Code Title 18 Sec. 3321A
• Emergency: means a situation that will result in loss of life, limb or organ function. See Delaware Code Title 18 Sec. 3335A
• Enrolled customer: means a customer who elects coverage under a portable electronics insurance policy issued to a vendor of portable electronics. See Delaware Code Title 18 Sec. 2051
• expunged: means to permanently destroy, delete or make nonidentifiable. See Delaware Code Title 16 Sec. 1210
• Federal Deposit Insurance Corporation: A government corporation that insures the deposits of all national and state banks that are members of the Federal Reserve System. ^{Source: OCC}
• Fiduciary: A trustee, executor, or administrator.
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Fraud: Intentional deception resulting in injury to another.
• Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. ^{Source: OCC}
• Genetic characteristic: means any inherited gene or chromosome, or alternation thereof, that is scientifically or medically believed to predispose an individual to a disease, disorder or syndrome, or to be associated with a statistically significant increased risk of development of a disease, disorder or syndrome. See Delaware Code Title 16 Sec. 1201
• Genetic information: means information about inherited genes or chromosomes, and of alterations thereof, whether obtained from an individual or family member, that is scientifically or medically believed to predispose an individual to disease, disorder or syndrome or believed to be associated with a statistically significant increased risk of development of a disease, disorder or syndrome. See Delaware Code Title 16 Sec. 1201
• Genetic test: means a test for determining the presence or absence of an inherited genetic characteristic in an individual, including tests of nucleic acids such as DNA, RNA, and mitochrondrial DNA, chromosomes or proteins in order to identify a predisposing genetic characteristic associated with disease, disorder or syndrome. See Delaware Code Title 16 Sec. 1201
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Health-care practitioner: means as defined in § 701 of this title. See Delaware Code Title 16 Sec. 1220
• Health-care professional: means as defined in § 701 of this title. See Delaware Code Title 16 Sec. 1220
• Informed consent: means the signing of a consent form by the patient or a person authorized to make health care decision on behalf of the patient that satisfies all of the following conditions:

  a. See Delaware Code Title 16 Sec. 1220

• Informed consent: means a written authorization for the disclosure of protected health information on a form substantially similar to one promulgated by the Department of Health and Social Services which is signed in writing or electronically by the individual who is the subject of the information. See Delaware Code Title 16 Sec. 1210
• Insurer: means any entity that provides health insurance coverage in this State as defined in § 903 of this title. See Delaware Code Title 18 Sec. 3321A
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Legitimate public health purpose: means a population-based activity or individual effort primarily aimed at the prevention of injury, disease, or premature mortality or the promotion of health in the community, including all of the following:

  a. See Delaware Code Title 16 Sec. 1210

• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Location: means any physical location in the State or any website, call center site or similar location directed to residents of the State. See Delaware Code Title 18 Sec. 2051
• Maximum allowable cost: means the maximum amount that a pharmacy benefits manager will reimburse a pharmacist or pharmacy for the cost of a multi-sourced drug, medical product, or device. See Delaware Code Title 18 Sec. 3321A
• Maximum allowable cost list: means the multi-source generic drugs, medical products, and devices for which a maximum allowable cost has been established by a pharmacy benefits manager or a purchaser. See Delaware Code Title 18 Sec. 3321A
• Month: means a calendar month, unless otherwise expressed. See Delaware Code Title 1 Sec. 302
• Network providers: means those pharmacists and pharmacies who provide covered health-care services or supplies to an insured or a member pursuant to a contract with an insurer or pharmacy benefits manager. See Delaware Code Title 18 Sec. 3321A
• Occupant: means a person or the person's sublesee, successor, or assign entitled to the use of a storage space or spaces at a self-service storage facility, to the exclusion of others. See Delaware Code Title 18 Sec. 2061
• Office: means the Office of the State Fire Marshal. See Delaware Code Title 16 Sec. 6402
• Oversight: Committee review of the activities of a Federal agency or program.
• Owner: means the owner, operator, lessor, or sublessor of a self-service storage facility, him or her agent or any other person authorized by him or her to manage the facility or to receive rent from an occupant under a rental agreement. See Delaware Code Title 18 Sec. 2061
• Personal property: means movable property that is not affixed to land and includes but is not limited to all of the following:

  a. See Delaware Code Title 18 Sec. 2061

• Personal property: All property that is not real property.
• Pharmacist: means as defined under § 2502 of Title 24. See Delaware Code Title 18 Sec. 3321A
• Pharmacy: means as defined under § 2502 of Title 24. See Delaware Code Title 18 Sec. 3321A
• Pharmacy benefit manager: has the meaning given in § 3302A of this title. See Delaware Code Title 18 Sec. 3335A
• Pharmacy benefits management services: means as defined under § 3351A of this title. See Delaware Code Title 18 Sec. 3321A
• Pharmacy benefits manager: means as defined under § 3302A of this title. See Delaware Code Title 18 Sec. 3321A
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
• Portable electronics: means electronic devices that are portable in nature, their accessories and services related to the use of the device. See Delaware Code Title 18 Sec. 2051
• Portable electronics insurance: means insurance providing coverage for the repair or replacement of portable electronics which may provide coverage for portable electronics against any 1 or more of the following: loss, theft, inoperability due to mechanical failure, malfunction, damage, or other similar cause of need for repair or replacement. See Delaware Code Title 18 Sec. 2051
• Prior authorization: means a requirement by a carrier or health-insurance plan that providers submit a request or other prior notification to the carrier for evaluation of appropriateness of the request or if the prescription is medically necessary before treatment is rendered. See Delaware Code Title 18 Sec. 3335A
• Protected health information: means any information, whether oral, written, electronic, visual, pictorial, physical or any other form, that relates to an individual's past, present or future physical or mental health status, condition, treatment, service, products purchased, or provision of care and that reveals the identity of the individual whose healthcare is the subject of the information, or about which there is a reasonable basis to believe such information could be utilized (either alone or with other information that is or should reasonably be known to be available to predictable recipients of such information) to reveal the identity of that individual. See Delaware Code Title 16 Sec. 1210
• Purchaser: means as defined under § 3351A of this title. See Delaware Code Title 18 Sec. 3321A
• Research: means a systematic investigation, including research development, testing and evaluation, designed to develop or contribute to generalizable knowledge. See Delaware Code Title 16 Sec. 1210
• Secretary: means the Secretary of the Department of Health and Social Services or such persons as may be designated by the Secretary. See Delaware Code Title 16 Sec. 101
• Self-service storage facility: means any real property designed and used for the purpose of renting or leasing individual storage space to occupants who are to have access to such for the purpose of storing and removing personal property. See Delaware Code Title 18 Sec. 2061
• Self-service storage producer: means an owner who is licensed under this section. See Delaware Code Title 18 Sec. 2061
• Service of process: The service of writs or summonses to the appropriate party.
• Statute: A law passed by a legislature.
• Subpoena: A command to a witness to appear and give testimony.
• Supervising entity: means a business entity that is a licensed insurer or insurance producer that is appointed by an insurer to supervise the administration of a portable electronics insurance program. See Delaware Code Title 18 Sec. 2051
• United States: includes its territories and possessions and the District of Columbia. See Delaware Code Title 1 Sec. 302
• Vendor: means a person in the business of engaging in portable electronics transactions directly or indirectly. See Delaware Code Title 18 Sec. 2051