New Jersey Administrative Code
Title 10 - HUMAN SERVICES
Chapter 41 - RECORDS CONFIDENTIALITY AND ACCESS TO CLIENT, DIVISION, AND PROVIDER RECORDS
Subchapter 4 - CONFIDENTIALITY OF RECORDS
Section 10:41-4.2 - Records held by providers under contract with the Division or licensed by the Department

(a) 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 shall not be released except by the Division.

(b) Providers under contract with the Division or licensed by the Department, that violate confidentiality, shall be subject to corrective action and/or sanctions by the Division and as prescribed by 45 CFR Parts 160 and 164.

(c) Requests for copies of client records received by a provider under contract with the Division or licensed by the Department shall be referred to a Community Services Administrator. The provider shall forward the records to the Community Services Administrator. The Division shall be responsible for forwarding the records to the requester.

(d) When an individual transfers from one provider to another, the client record shall be transferred between the providers on the day of transfer.

(e) Where a provider is assuming responsibility for an individual from another provider, the receiving provider will have access to the client record of that individual at the time of referral, including copies of the required records.

(f) When an individual is discharged from Division services or is deceased, all client records shall be returned to the Division. A provider may keep a discharge summary with an outline of the time the individual was with the provider and general services provided.

(g) Records created by a provider that are required to be created by statute or rule are considered Division records. These records will be provided to the Division upon request.