Duty LXD-8396
Handles health records, in New Jersey
Privacy Protection Act, health care facilities: limits on collecting and disclosing a patient's immigration status, citizenship status and similar informationfrom , in 5 months4 lines
Privacy Protection Act, health care facilities, N.J. Stat. ยง 26:2H-5.37 (P.L.2026, c.4, section 6) · Read the law's page
- This section does not bind a health care facility until the first day of the 13th month next following enactment of P.L.2026, c.4, which was approved on (P.L.2026, c.4, section 9).
- If you are a health care facility, do not request or collect information relating to a patient's immigration status, citizenship status, place of birth, social security number or individual taxpayer identification number, except when it is necessary to ensure the safe and appropriate delivery of health care services, including assessment, treatment, transfer, referral, billing or discharge, as State or federal law requires, or to assess eligibility for, or to provide or administer, a public service, benefit or program (N.J.S.A. 26:2H-5.37(a)).
- Do not disclose that information when it is kept to assess eligibility for or to administer a health care service, benefit or program, except as federal or State law requires for eligibility, as a valid judicial order, judicial warrant or federal law requires, or with the patient's knowing written consent (N.J.S.A. 26:2H-5.37(b) and (c)).
- Obtain written consent that states the exact record or information to be shared, the purpose of sharing it, that consent is voluntary and declining it brings no discrimination or retaliation, that consent may be revoked without affecting information already shared, and the person or agency that will receive it; using the Department of Health's standardized form, or an interpreter-assisted process consistent with State and federal law, is deemed compliance with the consent requirements (N.J.S.A. 26:2H-5.37(c)).