Bill Text: NJ S1138 | 2022-2023 | Regular Session | Introduced


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 1-0)

Status: (Introduced - Dead) 2022-06-29 - Substituted by A2021 [S1138 Detail]

Download: New_Jersey-2022-S1138-Introduced.html

SENATE, No. 1138

STATE OF NEW JERSEY

220th LEGISLATURE

 

INTRODUCED JANUARY 31, 2022

 


 

Sponsored by:

Senator  VIN GOPAL

District 11 (Monmouth)

 

 

 

 

SYNOPSIS

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

 

CURRENT VERSION OF TEXT

     As introduced.

  


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:

     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.    , c.    (C.        ) (pending before the Legislature as this bill), 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.

(cf: P.L.2019, c.268, s.3)

 

     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.

 

STATEMENT

 

     This bill requires embryo storage facilities to record and report
health information of patients in a manner that is consistent with certain federal laws.

     Under the bill, within 90 days after the bill's effective date, 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, is to 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.

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