N.J. Admin. Code § 8:57-3.14

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

Section 8:57-3.14 - Registrant amendment of record

(a) Any registrant or parent of a registrant, if he or she is a minor, may request an amendment of demographic or medical information contained in the registrant's NJIIS record by submitting a request for an amendment of:

1. Demographic information to an authorized user utilizing the Request for Change to NJIIS Immunization Record form, available at subchapter Appendix H, with appropriate documentation necessary to modify existing information contained in an NJIIS record; or

2. Medical information to the VPDP utilizing the Request for Change to NJIIS Immunization Record form with appropriate documentation necessary to modify existing information contained in an NJIIS record.

i. The VPDP shall process the request for an amendment of medical information in compliance with the Health Insurance Portability and Accountability Act (HIPAA) of 1996, 42 U.S.C. §§ 1301 et seq. and the rules promulgated thereunder by the United States Secretary of Health and Human Services, specifically 45 CFR 164.526.

(b) The VPDP may deny a request to amend medical information, upon determining that the information is accurate and complete as documented in the NJIIS.

(c) The authorized user or the VPDP shall respond to the request for an amendment no later than 60 days after receipt of the request.

(d) If the authorized user or the VPDP grants the requested amendment completely or in part, the authorized user or VPDP, respectively, shall:

1. Make the appropriate amendment to the registrant's information; and

2. Inform the registrant of the acceptance of the request in accordance with (c) above.

(e) If the authorized user or VPDP denies the requested amendment, the authorized user or VPDP, respectively, shall provide the registrant or parent of the registrant, if he or she is a minor, with a written denial pursuant to (c) above that contains the basis for denial and notification of the registrant's right to submit a written statement of reasonable length disagreeing with the denial.

(f) If the authorized user or VPDP denies the requested amendment after review of the registrant's or parent of the registrant's written statement pursuant to (e) above, the authorized user or VPDP, respectively, may prepare a written rebuttal to the requestor's statement of disagreement and shall provide a copy of the rebuttal to the requestor.

(g) The VPDP shall make a notation in the registrant's NJIIS record under the NJIIS Notepad tab of the request for an amendment, the denial of the request, any written statement of disagreement, and any written statement of rebuttal.

(h) The authorized user or VPDP, respectively, shall maintain all documents related to the amendment of record process set forth in (a) though (f) above.

(i) Any authorized user or health care provider that denies a request for an amendment pursuant to this section shall send a copy of the denial and all related documents to the VPDP at the VPDP mailing address for additional review.

1. The VPDP shall:

i. Evaluate the denial;

ii. Make recommendations to the authorized user; and

iii. Retain all related denial documentation on file.

N.J. Admin. Code § 8:57-3.14

The adopted version of this section 56 N.J.R. 213(a), effective 1/3/2024 is not yet available