Bill Text: NJ A2021 | 2022-2023 | Regular Session | Chaptered


Bill Title: Requires embryo storage facilities to record and report health information of patients in manner that is consistent with certain federal laws.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Passed) 2022-09-15 - Approved P.L.2022, c.106. [A2021 Detail]

Download: New_Jersey-2022-A2021-Chaptered.html

CHAPTER 106

 

An Act concerning embryo storage facilities and amending P.L.2019, c.268.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    Section 3 of P.L.2019, c.268 (C.26:2A-25) is amended to read as follows:

 

C.26:2A-25  Licensure for embryo storage facility.

     3.    a.  No person shall conduct, maintain, or operate an embryo storage facility in this State unless licensed by the department pursuant to the provisions of this act.  A separate license shall be required for each embryo storage facility location.  The license shall be posted and displayed at all times in a prominent location within the facility.  No license issued pursuant to this act shall be transferable.  A change in the ownership of the facility shall require notification to the department within 14 calendar days and reapplication for licensure.

     b.    The department shall not license a person to conduct, maintain, or operate an embryo storage facility pursuant to this act unless the department is satisfied that the person has demonstrated good character, competency, and integrity, and has furnished such information to the commissioner as the commissioner may require for this purpose.

     c.     Within 90 days after the effective date of P.L.2022, c.106 (C.26:2A-25), as a condition of continued or new licensure, an embryo storage facility that is required to record or report the health information of a patient, shall record and report the patient's health information using a program that is compliant with the "Health Insurance Portability and Accountability Act of 1996," Pub.L.104-191 and requirements adopted by the U.S. Department of Health and Human Services regarding functions, technological capabilities, and security features within the program.

 

     2.    The Commissioner of Health may adopt rules and regulations, in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), if necessary to effectuate the provisions of this act.

 

     3.    This act shall take effect 180 days after the date of enactment.

 

     Approved September 15, 2022.

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