New Jersey Administrative Code
Title 10 - HUMAN SERVICES
Chapter 41 - RECORDS CONFIDENTIALITY AND ACCESS TO CLIENT, DIVISION, AND PROVIDER RECORDS
Subchapter 2 - DIVISION POLICY ON CONFIDENTIALITY OF RECORDS
Section 10:41-2.1 - Division policy on confidentiality of records

(a) The Division recognizes its responsibility to protect the confidentiality of the records of individuals in its care. Therefore, all client records, as defined in 10:41-1.3, shall be kept confidential in accordance with 30:4-24.3, which mandates that all certificates, applications, records and reports that directly or indirectly identify an individual currently or formerly receiving services from the Division be kept confidential and are not subject to public disclosure. In addition, the requirements of this chapter conform with the Federal Privacy Rule of the Health Insurance Portability and Accountability Act of 1996 (HIPAA), 45 CFR Parts 160 and 164, as it applies to the release of and access to protected health information; Developmentally Disabled Rights Act, 30:6D-1 et seq.; Confidentiality of Alcohol and Drug Abuse Patient Records, 42 CFR Part 2; Vocational Rehabilitation, Protection, Use and Release of Patient Information, 34 CFR 361.38; and the Federal Fair Housing Amendments Act of 1988, 42 U.S.C. §§ 3601 et seq.

(b) The protections in this chapter extend to all records of individuals held by the Division, including applications for services of persons determined ineligible for services and those applications that are initiated but not completed.

(c) The release of Division records, as defined in N.J.A.C. 10:41-1.3, shall be in accordance with N.J.S.A. 47:1A-1 et seq., the Open Public Records Act, and this chapter. All such records shall be redacted in accordance with N.J.A.C. 10:41-4.3.

(d) Records that are otherwise protected by law, for example, individual HIV/AIDS information as indicated in N.J.S.A. 26:5C-5 et seq., and individual drug and alcohol abuse information as indicated in 42 CFR Part 2, Confidentiality of Alcohol and Drug Abuse Patient Records, shall not be disclosed without a specific authorization for the release of such information or a judicial order.

(e) Records containing health information on family members of an individual are to be redacted to remove such information before disclosure to a third party. This information shall not be shared unless disclosure is required for treatment and/or services for the individual.

(f) Division employees who violate confidentiality shall be subject to corrective action.

(g) Where an individual is placed with a provider under contract with the Division or licensed by the Department, all records specific to that individual, whether generated or obtained by the provider, belong to the Division and/or Department and shall not be released except by the Division and/or Department.