DelCOG supports amending Senate Bill 13 (2024) to limit the ability of the Hospital Assessment Commission to meet in Executive Session in line with other public bodies under Delaware’s open meeting laws. DelCOG has sent the following request to the General Assembly.
Passed April 2025.
SS1 for SB 13 with HA1
Primary Sponsor: S. McBride
Additional Sponsor(s): Reps. Harris, Heffernan
Co-Sponsor(s): Sen. Buckson, Gay, Hansen, Hoffner, Huxtable, Lockman, Mantzavinos, Pinkney, Poore, Sokola, Sturgeon, Townsend, Walsh, Reps. Baumbach, Griffith, Jones Giltner, Lambert, Morrison, Neal, Osienski, Phillips, Romer
Current Status: Passed 6/30/24
AN ACT TO AMEND TITLES 16 AND 30 OF THE DELAWARE CODE RELATING TO HOSPITAL QUALITY ASSESSMENTS AND ESTABLISHMENT OF A HOSPITAL QUALITY AND HEALTH EQUITY FUND AND HOSPITAL QUALITY AND HEALTH EQUITY ASSESSMENT COMMISSION.
Request to Strike the Following:
1045. Hospital Quality and Health Equity Assessment Commission.
(f) Proceedings before Commission –
(1) The Commission is a public body, subject to the open meetings requirement of § 10004 of Title 29; provided, however, that the Commission may schedule and conduct private meetings with hospitals when the content of the discussion will include information that is commercial or financial information of a privileged or confidential nature.
(2) Any patient information and financial, utilization, or other data is confidential and not subject to disclosure under Chapter 100 of Title 29.
Justification:
The language of SS1 for SB 13 with HA1 sets new limitations on public access to public business, bypasses the open meetings provisions of the Freedom of Information Act, and allows public business to be conducted in “private meetings”, so long as some of the content discussed is of commercial, financial, or privileged nature.
This opens the door for the potential for abuse, where the meetings of public bodies are permitted to not abide by the Freedom of Information Act, including not posting agendas, not maintaining minutes, and not utilizing the process required for executive session.
In addition, it becomes very difficult, and potentially impossible, for the public to monitor a public body that is responsible for the oversight of more than $140 million in anticipated new funding for the benefit of Medicaid care for patients and families.
Title 20 Chapter 100 Freedom of Information Act
- Title 29 Ch 100, the Freedom of Information Act requires that all public bodies conduct all public business on the public record.
10001. Declaration of policy.
It is vital in a democratic society that public business be performed in an open and public manner so that our citizens shall have the opportunity to observe the performance of public officials and to monitor the decisions that are made by such officials in formulating and executing public policy; and further, it is vital that citizens have easy access to public records in order that the society remain free and democratic. Toward these ends, and to further the accountability of government to the citizens of this State, this chapter is adopted, and shall be construed.
- Title 29, Ch 100 §10002 (o) (1) and (2) already permits exclusion of certain records from public disclosure, which include medical files that would constitute an invasion of personal privacy, and trade secrets and commercial or financial information.
- Title 29, Ch 100 § 10004 (b) (6) allows for the use of executive session to discuss matters excluded from the definition of public record, which include medical files that would constitute an invasion of personal privacy (§10002 (o) (2)), and trade secrets and commercial or financial information (§10002 (o) (2)).
- Title 29, Ch 100 § 10004 (b), (c), and (f) clarify the parameters around Executive Session for non-public meetings or portions of meetings, which require public notice of an intent to hold executive session, an affirmative vote of members present, and the keeping of minutes.