Bill Text: NJ A378 | 2024-2025 | Regular Session | Comm Sub
Bill Title: Requires health insurance carriers, health care providers, and hospitals and health care facilities to change manner of communications of protected health information under certain circumstances.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Engrossed) 2024-04-11 - Received in the Senate, Referred to Senate Commerce Committee [A378 Detail]
Download: New_Jersey-2024-A378-Comm_Sub.html
ASSEMBLY COMMITTEE SUBSTITUTE FOR
ASSEMBLY, No. 378
STATE OF NEW JERSEY
221st LEGISLATURE
ADOPTED FEBRUARY 22, 2024
Sponsored by:
Assemblyman STERLEY S. STANLEY
District 18 (Middlesex)
Assemblywoman SHANIQUE SPEIGHT
District 29 (Essex and Hudson)
Assemblywoman VERLINA REYNOLDS-JACKSON
District 15 (Hunterdon and Mercer)
SYNOPSIS
Requires health insurance carriers, health care providers, and hospitals and health care facilities to change manner of communications of protected health information under certain circumstances.
CURRENT VERSION OF TEXT
Substitute as adopted by the Assembly Financial Institutions and Insurance Committee.
An Act concerning health insurance carriers and confidentiality of certain information, and supplementing P.L.1997, c.192 (C.26:2S-1 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1 a. A covered person, or, if the covered person is a minor, the parent or guardian of the covered person, may submit to a carrier a request to receive communications of protected health information, including Explanations of Benefits, from the carrier by alternative means or at alternative locations, if the covered person is receiving sensitive services or clearly states that the disclosure of all or part of that information could endanger the covered person. A carrier shall accommodate all reasonable requests submitted pursuant to this subsection.
b. An individual, or, if the individual is a minor, the parent or guardian of the individual, may submit to a health care provider licensed pursuant to Title 45 of the Revised Statutes, or a hospital or other health care facility licensed pursuant to Title 26 of the Revised Statutes, a request to receive communications of protected health information from the health care provider, hospital, or other health care facility by alternative means or at alternative locations, if the individual is receiving sensitive services or clearly states that the disclosure of all or part of that information could endanger the individual. A health care provider, hospital, or other health care facility shall accommodate all reasonable requests submitted pursuant to this subsection.
c. A carrier, health care provider, hospital, or other health care facility shall provide the communications of protected health information in the manner requested by the covered person or individual pursuant to subsection a. of this section until the request is cancelled in writing by the covered person or individual who made the request or as permitted under federal regulations.
d. As used in this section:
"Carrier" means an insurance company, health service corporation, hospital service information, medical service corporation, health maintenance organization, or other entity authorized to issue health benefits plans in this State, and shall include the State Health Benefits Program and the School Employees' Health Benefits Program.
"Sensitive services" means health care services related to sexual assault, pregnancy, family planning, sexually transmitted diseases, domestic violence, behavioral health, and substance or alcohol abuse.
2. The Commissioner of Banking and Insurance shall adopt rules and regulations as necessary to implement and administer this act in accordance with the "Administrative Procedure Act" P.L.1968, c.410 (C.52:14B-1 et seq.).
3. This act shall take effect on the 180th day next following enactment and shall apply to policies and contracts that are delivered, issued, executed, or renewed on or after that date.
