N.J. Admin. Code § 10:161B-18.5

Current through Register Vol. 57, No. 1, January 6, 2025

Section 10:161B-18.5 - Access to clinical records

(a) The facility shall furnish a legible, written copy of the clinical record, or portion of the clinical record, as appropriate, for a fee based on actual costs to a client, his or her legally authorized representative, or a third party payer, upon written request and receipt of a properly executed release of information form within 30 days of receipt of the written request, in accordance with the following:

1. The fee for copying shall not exceed $ 1.00 per page for the first 100 pages, and $.25 per page thereafter, not to exceed $ 200.00 for the entire record.

2. In addition to per page costs, the following charges are permitted:

i. A search fee of no more than $ 10.00 per request; and

ii. A postage charge of actual costs for mailing, not to exceed $ 5.00.

3. No charges shall be assessed other than those permitted in (a)1 and 2 above.

(b) The facility shall establish a policy assuring access to copies of clinical records for clients who do not have the ability to pay notwithstanding (a) above.

(c) The facility shall establish a fee policy providing an incentive for use of abstracts or summaries of clinical records but shall not impede a client or his or her legally authorized representative's ability to receive a full or certified copy of the clinical record.

(d) The facility shall establish a policy and procedure that shall govern those instances in which access to a client's clinical record is subject to denial under the Health Insurance Portability and Accountability Act (HIPAA) 42 U.S.C. §§ 1320d et seq., and 45 CFR Parts 160 and 164, and such policy and procedure shall comply with HIPAA.

N.J. Admin. Code § 10:161B-18.5