New Jersey Administrative Code
Title 17 - TREASURY - GENERAL
Chapter 9 - STATE HEALTH BENEFITS PROGRAM
Subchapter 1 - ADMINISTRATION
Section 17:9-1.2 - Records

(a) The Secretary of the Commission shall maintain minutes of the Commission meetings in compliance with the Senator Byron M. Baer Open Public Meetings Act (OPMA), 10:4-6 et seq. Public session minutes are public records subject to access under the Open Public Records Act (OPRA), 47:1-1 et seq., and the requirements of the Federal Health Insurance Portability and Accountability Act (HIPAA), 42 U.S.C. §§ 3210d et seq. Minutes of closed sessions pertaining to the claims of any individual shall be redacted of all personal identifying information unless the individual member waives his or her privacy interest and consents in writing to disclosure in accord with HIPAA. Minutes of executive sessions shall be subject to disclosure pursuant to the OPMA after the Commission determines the need for confidentiality no longer exists. Records of the Commission subject to public access under OPRA may be inspected during regular business hours at the office of the Division under supervision of a representative of the State Health Benefits Program or other representatives of the office. All requests for records under OPRA shall be made in writing on the required form and submitted to the Department of the Treasury Government Records Unit.

(b) To protect the personal privacy of individual participants and their families, the mailing addresses of active and retired participants and all matters regarding an individual's files that relate to an individual's coverage and claims shall be maintained as confidential. Protected health information shall not be released to any person, except as permitted under HIPAA in response to a valid HIPAA Authorization for Release of Information, in a form acceptable to the Division, as described in 45 CFR 164.508 , or as otherwise authorized by HIPAA. The requesting party shall have the burden of demonstrating to the satisfaction of the Division that the confidential materials may be released under HIPAA.