New Jersey Administrative Code
Title 10 - HUMAN SERVICES
Chapter 70 - MEDICALLY NEEDY PROGRAM
Subchapter 1 - INTRODUCTION
Section 10:70-1.5 - Confidentiality of information
Universal Citation: NJ Admin Code 10:70-1.5
Current through Register Vol. 56, No. 18, September 16, 2024
(a) No member, officer, or employee of a county board of social services shall produce or disclose any confidential information to any person, except as authorized below.
1. Information considered confidential
includes, but is not limited to, the following:
i. Names and addresses;
ii. Medical services provided;
iii. Social and economic conditions or
circumstances;
iv. County board of
social services evaluation of personal information; and
v. Medical data, including diagnosis and past
history of disease or disability.
2. The county board of social services may
disclose information concerning an applicant or eligible person to persons and
agencies directly related to the administration of Medicaid, including the
Medically Needy Program. Persons and agencies directly related to program
administration are those that are properly authorized to be involved in the:
i. Establishment of eligibility;
ii. Determination of the amount and scope of
medical assistance;
iii. Provision
of services for beneficiaries; and
iv. Conduct or assisting in the conduct of an
investigation, prosecution, or civil or criminal proceeding related to the
Medically Needy Program.
3. The county board of social services may
release information whenever the applicant or eligible person waives
confidentiality, but only to the extent authorized by the waiver.
4. If a court issues a subpoena for a case
record or any other confidential information or for any agency representative
to testify concerning an applicant or eligible person, the county board of
social services, personally or through counsel, shall make a statement
substantially as follows:
i. "Under
provisions of the Social Security Act, information concerning applicants and
beneficiaries of Medical Assistance must be restricted to persons directly
connected with the administration of such assistance. The authorities of the
Federal government have advised that this includes a requirement of
nondisclosure of such information in response to a subpoena. If a disclosure is
made of this information, either by personal testimony or by production of
records, this is considered nonconformance with Federal requirements and may
subject the State to loss of Federal financial participation in the Medical
Assistance program."
5.
In no instance is it intended that any officer or employee of the agency place
him or herself in contempt of court through refusal to follow the orders of a
court. However, the above action as appropriate shall be taken in all
instances, and a report of the results shall be entered in the case
record.
6. Pertinent information
and records may be released in conjunction with an administrative hearing
conducted by the Office of Administrative Law regarding action or inaction by
the county board of social services affecting an applicant's or eligible
person's eligibility or entitlement under the Medically Needy
Program.
Disclaimer: These regulations may not be the most recent version. New Jersey may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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