§ 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.

(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.

Legislative History

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