N.J. Admin. Code § 8:57A-1.10

Current through Register Vol. 56, No. 9, May 6, 2024

Section 8:57A-1.10 - Access to information and records

(a) Every health care facility, clinical laboratory, physician, dentist, and other health care provider diagnosing or providing treatment for cancer patients and health care insurers and other third-party health care payers providing benefit plans to residents of the State shall allow representatives of the Department, or its designee, to obtain information from all medical, pathological, and other pertinent records and logs related to cancer cases, as necessary for fulfilling the functions of the NJSCR.

1. Access to records set forth in

(a) above shall be given through secure, electronic remote means where requested and where available.

(b) Every health care facility, clinical laboratory, physician, dentist, and other health care provider diagnosing or providing treatment for cancer patients and health care insurers and other third-party health care payers providing benefit plans to residents of the State shall permit representatives of the Department access to information or provide necessary information on specified cancer patients and other patients specified by characteristics for research studies related to cancer etiology, prevention, and control, which are conducted by the Department subject to the following:

1. The Department's designated Institutional Review Board shall:

i. Review the studies to assure protection of human subjects; and

ii. Approve or disapprove the studies, as appropriate, based on the outcome of the review.

2. This access or provision of information shall include patients who came under the care of the health care facility, physician, dentist or other health care provider prior to November 18, 1977.

(c) Representatives of the Department shall:

1. Provide advance notice to the health care facility, physician, dentist or other health care provider, independent clinical laboratory, health care insurer or other third-party health care payer in order to access patient records of cancer patients pursuant to (a) and (b) above; and

2. Present valid identification at the time of access, including, Department or designee issued identification, if on-site access to patient records is necessary.

(d) Only the Department and such other agencies as may be designated by the Commissioner shall use the reports made pursuant to this subchapter.

1. These reports shall not be:

i. Otherwise divulged or made public; or

ii. Subject to public inspection and copying pursuant to the Open Public Records Act, 47:1A-1 et seq.

(e) No individual or organization providing information to the Department in accordance with this subchapter shall be deemed to be, or held liable for, divulging confidential information.

(f) The Department shall not make public any information reported to the NJSCR that discloses the identity of any person to whom the information relates.

1. The Department will refer individuals wishing to confirm the inclusion of their medical information in the NJSCR to their health care provider or treating health care facility.

2. A patient who was diagnosed with, or treated for, cancer, or, if the patient is deceased, that patient's next-of-kin may request that the Department release summary information about that patient with a signed Authorization to Release Health Information form.

3. A patient's physician who, or licensed facility that, diagnosed that patient with, or is treating that patient for, cancer may submit a request in writing to the Department for a release of that patient's diagnostic, treatment, and follow-up information.

(g) The Department shall report all violations of (c) above by any individual or organization to the appropriate professional licensing authorities and public financing programs.

(h) Failure to permit access to information and records to representatives of the Department shall be cause for legal action.

N.J. Admin. Code § 8:57A-1.10

Amended by 50 N.J.R. 1893(a), effective 8/20/2018