Bill Text: NJ S1827 | 2022-2023 | Regular Session | Amended
Bill Title: Requires certain providers to perform intimate partner violence screenings and all health care professionals to take certain actions to prevent perpetrator of intimate partner violence from obtaining copies of victim's medical record.
Sponsorship: Partisan Bill (Democrat 2)
Status: (Introduced - Dead) 2023-06-15 - Reported from Senate Committee with Amendments, 2nd Reading [S1827 Detail]
Download: New_Jersey-2022-S1827-Amended.html
Sponsored by:
Senator VIN GOPAL
District 11 (Monmouth)
SYNOPSIS
Requires certain providers to perform intimate partner violence screenings and all health care professionals to take certain actions to prevent perpetrator of intimate partner violence from obtaining copies of victim's medical record.
CURRENT VERSION OF TEXT
As reported by the Senate Health, Human Services and Senior Citizens Committee on June 15, 2023, with amendments.
An Act concerning 1[domestic] intimate1 violence screenings and the disclosure of a victim's medical records to the perpetrator of the 1[domestic] intimate1 violence, and supplementing Title 52 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. As used in this act:
1[" Domestic violence" means the same as that term is defined by section 3 of P.L.1991, c.261 (C.2C:25-19) and section 1 of P.L.2003, c.41 (C.17:29B-16).]1
"Health care professional" means a person who is licensed or otherwise authorized, pursuant to Title 45 of the Revised Statutes, to provide health care services in the State, including, but not limited to, a physician, nurse, or physician assistant.
1"Intimate Partner Violence" means the occurrence of any one of the acts enumerated in section 3 of P.L.1991, c.261 (C.2C:25-19) that is inflicted upon a patient by a person with whom the patient has or had an intimate relationship."1
"1[Obstetrical provider] Provider1 "means a licensed 1[obstetrician/gynecologist] physician, advanced practice nurse, physician assistant1, 1[a]1 certified midwife, 1certified professional midwife,1 or 1[a]1 certified nurse midwife.
"Victim of 1[domestic] intimate1 violence" means 1[the same as that term is defined by section 3 of P.L.1991, c.261 (C.2C:25-19)] any person who has been subjected to intimate partner violence by a person with whom the victim has or had an intimate relationship1 .
2. a. 1[An obstetrical] A1 provider in the State shall:
(1) 1[as part of each routine patient visit , ]1 conduct a 1periodic1 screening to determine whether 1[the] each1 patient 1receiving care from that provider1 is or may be a victim of 1[domestic] intimate partner1 violence 1, which screening shall be conducted in accordance with nationally recognized evidence-based guidelines1 ; and
(2) document, in the patient's medical record, the findings from each 1[domestic] intimate partner1 violence screening and any specific evidence supporting the findings.
b. 1[A domestic] An intimate partner1 violence screening conducted pursuant to this section shall be performed in a private area, where only the 1[obstetrical]1 provider and the patient are present, 1which may include screening the patient using telemedicine and telehealth, as those terms are defined in section 1 of P.L.2017, c.117 (C.45:1-61), or by self-administration by the patient using a paper-based or electronic screening instrument1 .
c. If 1[an obstetrical] a1 provider finds, based on a screening performed pursuant to this section, that a patient is or may be a victim of 1[domestic] intimate partner1 violence, the 1[obstetrical]1 provider shall 1provide the patient1 :
(1) 1[advise the patient,]1 during the same visit, 1[of] with a list of1 the resources and services that are available in the State and region to assist and protect victims of 1[domestic] intimate partner1 violence 1, as provided by the Department of Children and Families and the Department of Health pursuant to subsection d. of this section1 ; and
(2) 1[provide the patient]1 with referrals to other appropriate health care providers, as deemed by the 1[obstetrical]1 provider to be necessary to help the patient fully address the physical or mental consequences of the 1[domestic] intimate partner1 violence.
d. The Department of Children and Families 1[, in consultation with] and1 the Department of Health, 1in consultation with an organization that provides support to survivors of intimate partner violence,1 shall 1[develop, distribute] make available1 to 1[obstetrical]1 providers in the State, and update on at least a biennial basis 1[:
(1) a screening tool or sample screening questionnaire, which reflects the most up-to-date standards for domestic violence screening, and which shall be used by providers in conducting the domestic violence screenings required by this section; and
(2)]1 a list identifying all of the resources and services that are available in the State, and in each region of the State, to assist and protect victims of 1[domestic] intimate partner1 violence.
3. 1[An obstetrical] A1 provider who finds, pursuant to section 2 of this act, that a patient is or may be a victim of 1[domestic] intimate partner1 violence, and any other health care professional who notes, in a patient's medical record, any evidence or findings of 1[domestic] intimate partner1 violence, shall, during the same visit in which the 1[domestic] suspected intimate partner1 violence is documented, require the patient to reapprove the list of persons who are authorized to obtain a copy of the patient's medical record in accordance with the provisions of the "Health Insurance Portability and Accountability Act 1of 19961 ," Pub.L.104-191, and the federal health privacy rule set forth at 45 CFR Parts 160 and 164. If the alleged perpetrator of the 1[domestic] intimate partner1 violence was previously authorized by the patient to obtain a copy of the patient's medical record, the 1[obstetrical]1 provider or other health care professional documenting the 1[domestic] suspected intimate partner1 violence shall 1[encourage] advise1 the patient 1[to] that the patient may1 remove the alleged perpetrator from the list of persons who are authorized to receive copies of the medical record going forward.
4. The Commissioner of Children and Families and the Commissioner of Health, in consultation with each other, shall adopt rules and regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), as may be necessary to implement the provisions of this act.
5. This act shall take effect on the first day of the fourth month next following the date of enactment, except that the Commissioner of Children and Families and the Commissioner of Health, acting in consultation with each other, shall take anticipatory administrative action in advance of the effective date as may be necessary to implement the provisions of this act.
