1. (a) The Board is a public body, subject to the open meetings requirement of § 10004 of Title 29; provided, however, that the Board 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. (b) (1) Except as provided under paragraph (b)(2) of this section, records submitted by hospitals to the Board are not public records for purposes of the Freedom of Information Act [Chapter 100 of Title 29].

   1. (2) The following are public records and shall be posted on the Board’s or the Commission’s website:

      1. a. Original and modified budgets.
      2. b. Spending and revenue data.
      3. c. Utilization information.

3. (c) (1) The Board shall annually convene at least 1 public hearing per hospital subject to this subchapter to allow the hospital to present financial information required under § 9953 of this title and any benchmark compliance plan required under § 9954 of this title to the Board and engage in dialogue with the Board regarding questions, concerns, or additional information necessary to determine whether the hospital’s actual and projected annual spend growth is in line with the spending benchmark, other health-care spending directives, and other discretionary factors that the Board may consider as promulgated in regulation.

   1. (2) The Board may schedule more than 1 hospital for the same public hearing required under paragraph (c)(1) of this section, but each hospital must be allowed at least 1 hour for its presentation.

84 Del. Laws, c. 270, § 2; 85 Del. Laws, c. 236, § 7