N.J. Admin. Code § 10:41-4.1

Current through Register Vol. 56, No. 24, December 18, 2024

Section 10:41-4.1 - Safeguarding records

(a) All providers, including those under contract with the Division or licensed by the Department, shall secure records of individuals in their care against access, loss, defacement, use and copying by unauthorized persons.

(b) The Division's chief executive officer, community services administrator, or unit director shall safeguard the records of individuals in his or her Division service component, and shall determine who may access, inspect, or copy the records, how the records may be used, how long the records may be used, and other restrictions on access to the records, in accordance with this chapter and the HIPAA Privacy Rule, 41 CFR Parts 160 and 164.

(c) All requests for release of records shall be directed to the administrative head of the Division component, or the administrative head's designee.

(d) All requests for release of client records shall be made in writing and identify the specific information requested as well as the intended uses of the information, except for those exceptions indicated in N.J.A.C. 10:41-5.2(d). The requests for release of client records shall be accompanied by a valid written authorization.

(e) An accounting record shall be maintained of every person or entity that accesses, inspects or obtains copies of a client record, the stated use to be made of the information, and the staff person authorizing the release of the record. This information is to be maintained in accordance with the Federal HIPAA Privacy Rule, and 45 C.F.R. 164.528.

(f) Retention and destruction of client, provider and Division records shall be in accordance with the State of New Jersey, Division of Archives and Records Management records retention schedule and the Federal HIPAA privacy rule, 45 CFR Parts 160 and 164.

(g) Records shall be released to entities outside the Department of Human Services, such as the Centers for Medicare and Medicaid Services, New Jersey Department of Health, and Disability Rights New Jersey, if authorized by the Department to monitor the quality of services offered to the individual or as otherwise authorized by law. The persons identified in this subsection shall agree in writing to safeguard the confidentiality of records.

(h) Information may be released to program staff and associated professional personnel (including students completing professional internships or field placements) who provide habilitation to the individual. The persons identified in this subsection shall agree in writing to safeguard the confidentiality of records.

(i) Information may be released to persons authorized by the Division who serve as unpaid volunteers if necessary to further the habilitation of the individual. The persons identified in this subsection shall agree in writing to safeguard the confidentiality of records.

(j) Any questions concerning access to records shall be referred to the Division's Legal and Administrative Practice Office.

N.J. Admin. Code § 10:41-4.1

Amended by 49 N.J.R. 3603(b), effective 11/20/2017