The Affordable Care Act is a boon for eye care and health care professionals, but a potential problem for a handful of them in Delaware.
A recent federal lawsuit filed against the state claims that the Affordable Care Foundation, which funds the foundation, failed to provide adequate oversight to protect the privacy and security of its donors, including its most generous donors.
The lawsuit claims that Delaware failed to monitor whether its foundation donors were adequately protected from disclosure of donor data and failed to adequately protect the confidentiality of donor information.
The lawsuit, filed in U.S. District Court in Delaware, claims that since the foundation’s inception in 2010, donors have been the subject of multiple investigations and investigations into potential conflicts of interest and misconduct by the foundation and the state.
In addition, the lawsuit claims Delaware has been slow to enact laws regulating the disclosure of donors’ personal data, including names and addresses.
“The foundation is a public entity and has the obligation to protect and protect the donor privacy and confidentiality,” the lawsuit states.
Delaware law allows public officials to request and receive information from the foundation in response to requests from a constituent.
The foundation does not identify its donors or any other personal information.
But the lawsuit says Delaware’s refusal to protect donor privacy violates a state law, which requires disclosure of information from any public entity that receives more than $25,000 from a foundation.
The state also failed to properly implement its reporting requirements and failed “to provide sufficient safeguards to protect individual donor privacy, including, but not limited to, adequate monitoring, recording and retention of donor privacy data,” the complaint says.
Delavas attorney general’s office did not respond to questions from The Associated Press.
The complaint, filed on behalf of the Delaware Foundation for Ophthalmology and Ophthalmologists, alleges that the foundation has violated Delaware law, the state’s open records law and state open meetings law.
The federal lawsuit, brought by two law firms, seeks class action status on behalf “many members of the Delaware public and the public at large.”
The complaint also alleges that Delavas Attorney General and State Auditor failed to investigate and prosecute a number of allegations against the foundation.
Delay in enforcementThe state’s Open Meetings law requires that the secretary of state and other state officials make public and publicly disclose information about their office’s meetings and meetings with private entities.
The law also requires the secretary to notify the Delaware Association of Ophthalmic and Vision Consultants of meetings with any public or private entity, including foundations, in advance of the meetings.
The association’s website lists the names of the public and private entities it met with in 2017.
The American Legislative Exchange Council (ALEC) and other conservative groups have been pushing to repeal the Open Meetments law.
Delays in implementationThe state has not made public information about whether the foundation reported the donors of its private meetings to the state and has not provided any records to the association that would show whether the donor information was used for purposes other than the reporting requirements of the Open Meeting law, according to the complaint.
The complaint also states that Delawares Attorney General’s office has not completed an investigation into potential violations of the law.
There is no public record that Delaws Attorney General, who has responsibility for the law, has received any information about the foundation that would indicate whether it had a compliance policy or procedures to ensure that donors and the foundation were properly safeguarded.
The attorney general did not immediately respond to requests for comment on the allegations in the complaint on Monday.