26:2H-5.37 Limit on health care facilities requesting, collecting information from a patient.
6. a. A health care facility shall not request or collect information relating to a patient’s immigration status, citizenship status, place of birth, social security number, or individual taxpayer identification number, except when this information is necessary to ensure the safe and appropriate delivery of health care services, including, but not limited to, the assessment, treatment, transfer, referral, billing, or discharge of the person, as required by applicable State or federal law, or to assess eligibility for, or to provide or administer, a public service, benefit, or program. Nothing in P.L.2026, c.4 (C.52:4CC-1 et al.) shall prohibit a health care facility from maintaining a patient’s complete medical record subject to the “Health Insurance Portability and Accountability Act of 1996,” Pub.L. 104-191. b. Any record or information, whether written or oral, relating to a patient’s immigration status, citizenship status, place of birth, social security number, or individual taxpayer identification number that is solicited, made, or kept to assess eligibility for or to administer a health care service, benefit, or program that is requested, used, or delivered shall not be considered a governmental record pursuant to P.L.1963, c.73 (C.47:1A-1 et seq.), known commonly as the open public records act, and shall not be disclosed, except: (1) as required pursuant to federal or State law to assess eligibility for, or to provide or administer, benefits, services, or programs; (2) as required by valid judicial order, judicial warrant, or as required by federal law; or (3) pursuant to the provisions of subsection c. of this section. c. This section shall not prohibit the disclosure of any record or information described in subsection a. of this section when the patient to whom the record or information pertains has knowingly provided written consent for the disclosure. The Department of Health, in consultation with the Attorney General, shall develop and make publicly available a standardized written consent form that shall constitute a vital document pursuant to section 2 of P.L.2023, c.263 (C.52:14-41). Use of a standardized form developed pursuant to this subsection shall constitute compliance with the written consent requirements of this section. A health care facility that uses a standardized form or provides consent through an interpreter-assisted process consistent with applicable State and federal law shall be deemed in compliance with the consent requirements of this section. Written consent shall include: (1) the exact record or information to be shared; (2) the purpose for sharing the record or information; (3) a statement clarifying that consent is voluntary and declining to consent shall not result in discrimination or retaliation by the health care facility; (4) a statement clarifying that consent may be revoked, but that revocation does not impact a record or information already shared under prior written consent provided pursuant to this section; and (5) the person or agency to receive the record or information. d. 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.) as are necessary to effectuate the provisions of this section. e. Nothing in this section shall be construed to prohibit or in any way restrict any action where the prohibition, restriction, or enforcement would be contrary to federal law, including 8 U.S.C. s.1373 and 8 U.S.C. s.1644, a judicial order, or a judicial warrant. f. (1) A health care facility that knowingly obtains, discloses, or uses any record or information described in subsection a. of this section for a purpose not permitted under this section shall be subject to penalties and enforcement by the Department of Health consistent with the department’s authority pursuant to Title 26 of the Revised Statutes and as a condition of licensure. Any patient to whom the information pertains, or the patient’s personal representative or guardian, may file a complaint with the Department of Health in a form, manner, and medium prescribed thereby alleging such violation. (2) The Department of Health may adopt any policies, guidelines, or, pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations necessary to effectuate or enforce the provisions of this subsection. L.2026, c.4, s.6.