New Jersey Administrative Code
Title 10 - HUMAN SERVICES
Chapter 78 - NJ FAMILYCARE
Subchapter 1 - INTRODUCTION
Section 10:78-1.5 - Confidentiality of information
Universal Citation: NJ Admin Code 10:78-1.5
Current through Register Vol. 56, No. 18, September 16, 2024
(a) No member, officer, or employee of the eligibility determination agency shall produce or disclose any confidential information to any person except as authorized below.
1. Information considered confidential shall
include, but shall not be limited to, the following:
i. Names and addresses;
ii. Medical services provided;
iii. Social and economic conditions and
circumstances;
iv. Eligibility
determination agency evaluation of personal information; and
v. Medical data, including diagnosis and past
history of disease or disability.
2. The eligibility determination agency may
disclose information concerning an applicant or eligible person to persons and
agencies directly related to the administration of the NJ FamilyCare program.
Persons and agencies directly related to program administration shall include,
but shall not be limited to, those who are properly authorized to be involved
in the following:
i. The establishment of
eligibility;
ii. The determination
of the amount and scope of medical assistance;
iii. The provision of services for
beneficiaries; and
iv. The conduct
or assisting in the conduct of an investigation, prosecution, or civil or
criminal proceeding related to the NJ FamilyCare program.
3. The eligibility determination agency 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 eligibility
determination agency shall make a statement substantially as follows:
i. Information concerning applicants and
beneficiaries of NJ FamilyCare shall be restricted to persons directly
connected to the administration of such assistance. This includes a requirement
of nondisclosure of such information in response to a subpoena, except in those
instances where refusal to follow orders of the court will result in an
individual or agency being held in contempt of court.
ii. In any instance of a subpoena for case
record information or for agency testimony, a complete report of the
disposition of the court's request shall be entered into the case
record.
5. Pertinent
information and records may be released in conjunction with an administrative
hearing conducted by the Office of Administrative Law regarding action or
inaction of the eligibility determination agency affecting an applicant's or
beneficiary's eligibility under the NJ FamilyCare 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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