N.J. Admin. Code § 10:70-1.5

Current through Register Vol. 56, No. 11, June 3, 2024

Section 10:70-1.5 - Confidentiality of information

(a) No member, officer, or employee of a county board of social services shall produce or disclose any confidential information to any person, except as authorized below.

1. Information considered confidential includes, but is not limited to, the following:

i. Names and addresses;

ii. Medical services provided;

iii. Social and economic conditions or circumstances;

iv. County board of social services evaluation of personal information; and

v. Medical data, including diagnosis and past history of disease or disability.

2. The county board of social services may disclose information concerning an applicant or eligible person to persons and agencies directly related to the administration of Medicaid, including the Medically Needy Program. Persons and agencies directly related to program administration are those that are properly authorized to be involved in the:

i. Establishment of eligibility;

ii. Determination of the amount and scope of medical assistance;

iii. Provision of services for beneficiaries; and

iv. Conduct or assisting in the conduct of an investigation, prosecution, or civil or criminal proceeding related to the Medically Needy Program.

3. The county board of social services 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 county board of social services, personally or through counsel, shall make a statement substantially as follows:

i. "Under provisions of the Social Security Act, information concerning applicants and beneficiaries of Medical Assistance must be restricted to persons directly connected with the administration of such assistance. The authorities of the Federal government have advised that this includes a requirement of nondisclosure of such information in response to a subpoena. If a disclosure is made of this information, either by personal testimony or by production of records, this is considered nonconformance with Federal requirements and may subject the State to loss of Federal financial participation in the Medical Assistance program."

5. In no instance is it intended that any officer or employee of the agency place him or herself in contempt of court through refusal to follow the orders of a court. However, the above action as appropriate shall be taken in all instances, and a report of the results shall be entered in the case record.

6. Pertinent information and records may be released in conjunction with an administrative hearing conducted by the Office of Administrative Law regarding action or inaction by the county board of social services affecting an applicant's or eligible person's eligibility or entitlement under the Medically Needy Program.

N.J. Admin. Code § 10:70-1.5

Amended by R.2006 d.364, effective 10/16/2006.
See: 38 N.J.R. 2368(a), 38 N.J.R. 4480(c).
Substituted "board of social services" for "welfare agency" throughout; in (a), substituted "a" for "the"; in (a)2iii, substituted "beneficiaries" for "recipients"; and in (a)4i, substituted "beneficiaries" for "recipient".