Delaware Healthcare Compliance.
Delaware modernized its breach statute in 2018 to add medical history and health insurance identifiers and to impose a 60-day notice clock. Healthcare practices in Delaware work to the HIPAA federal baseline plus AG notice on larger breaches and free-credit-monitoring on SSN exposure.
At a glance
60days
Del. Code tit. 6, § 12B-102 requires notice within 60 days of determination. AG notice required if >500 residents affected.
Delaware Attorney General
- Delaware Computer Security Breaches StatuteDel. Code tit. 6, § 12B-100 et seq.
60-day individual notice from determination, AG notice if >500 residents affected, free credit monitoring for one year when SSN involved, expressly covers medical history and health insurance information.
- HIPAA Privacy, Security, and Breach Notification Rules45 CFR Parts 160 & 164
The federal baseline that all U.S. covered entities and business associates meet. HHS Office for Civil Rights (OCR) enforces.
How Delaware goes further than HIPAA.
The breach window in Delaware aligns with HIPAA’s 60-day individual-notice deadline. State-law overlays here are mostly about who else gets notified, what the personal- information definition covers, and whether any named statute (CMIA, BIPA, MHMDA, HB 300, 201 CMR 17.00, SHIELD) adds substantive duties. Notice flows through Delaware Attorney General in addition to HHS/OCR federally.
Related compliance guides
Turn this overlay into a defensible SRA.
Delaware's overlay layers on top of HIPAA's federal floor. The free SRA readiness check walks a small practice through discovery, threat model, controls, and gap analysis, then assembles the review-ready binder — policies, training logs, BAAs, and a breach playbook tuned to the 60-day clock and the Delaware Attorney General notification path.
D3rx is a healthcare-billing and compliance research aid maintained by D3rx Inc. Articles are drafted by an LLM (Anthropic Claude) against primary HHS, OCR, CMS, eCFR, NIST, and state-regulator publications, and reviewed for restraint and source fidelity by the D3rx team.
Reviewer status: a named credentialed reviewer (CHC, CHPC, or healthcare attorney) is being engaged. Until that engagement is finalized, this page does not claim credentialed review.
Related across the archive
- ComplianceHIPAA Breach Notification: The 60-Day Window Step-by-StepFrom discovery you have 60 calendar days to notify individuals, HHS, and possibly media. Here is the procedure that actually protects the practice.
- RegulationCalifornia Confidentiality of Medical Information Act (CMIA, Cal. Civ. Code 56-56.37)California state law providing broader patient confidentiality protections than HIPAA for medical information held by providers, contractors, and certain employers.
- RegulationColorado Privacy Act (CPA, C.R.S. § 6-1-1301 et seq.)Colorado comprehensive consumer privacy law with consumer rights, controller/processor obligations, universal opt-out mechanism requirement, and an AG enforcement framework with HIPAA carve-outs.
- RegulationConnecticut Data Privacy Act (CTDPA, Public Act 22-15)Connecticut comprehensive consumer data privacy law with consumer rights, controller/processor obligations, and an AG enforcement framework — with substantial healthcare carve-outs.
- RegulationFlorida Information Protection Act (FIPA, Fla. Stat. § 501.171)Florida data breach notification and information security law requiring covered entities to maintain reasonable security and to notify affected individuals and the AG of breaches within 30 days.
- RegulationIllinois Biometric Information Privacy Act (BIPA, 740 ILCS 14)Illinois state law regulating the collection, retention, use, and destruction of biometric identifiers, with a private right of action and statutory damages per violation.
- RegulationMassachusetts 201 CMR 17.00 (Standards for the Protection of Personal Information)Massachusetts data security regulation requiring a written information security program (WISP) protecting personal information of MA residents, with specific technical requirements.
- RegulationNew York SHIELD Act (Stop Hacks and Improve Electronic Data Security Act, N.Y. Gen. Bus. Law § 899-bb)New York data breach and information security law requiring reasonable administrative, technical, and physical safeguards for private information of NY residents, with expanded breach notification.
Last reviewed May 23, 2026.
This page is a research aid for compliance teams. It does not certify compliance with any state or federal law, provide legal advice, replace counsel, or guarantee an audit outcome. State statutes are amended frequently — verify citations and links against the cited primary sources before acting. The practice remains responsible for adopting and maintaining its compliance program.