N.J. Admin. Code § 10:41-5.2

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

Section 10:41-5.2 - Release of client records

(a) All elements of the client record shall be kept confidential and be released only upon receipt of a valid, written authorization or upon judicial order.

(b) An individual currently or formerly receiving services from the Division, or an individual's legal guardian, shall receive a copy of the client record within 30 days of receipt by the Division of a valid written authorization or shall be advised in writing of reason for denial, as described in 45 CFR 164.524(b).

(c) Records of an individual shall be provided to other persons upon receipt of a valid written authorization by the individual or the individual's legal guardian.

(d) Client records may be released without authorization if the request meets one of the exceptions set forth below:

1. As directed by the Office of the Attorney General (N.J.S.A. 59:8-4) in response to the plaintiff in a tort claim or civil action for damages to which the Commissioner, Department, Division or employee of the Division is named as a defendant;

2. To Department components, if directly related to the administration of its services;

3. Upon admission, the individual or legal guardian shall provide a list of individuals, including relatives, friends, personal physician or personal attorney, who may receive information regarding the individual's general medical condition over the telephone. This listing shall be updated annually;

4. When an individual is transferred from one component of the Department or Division to another;

5. Medical staff outside of the Department who have assumed temporary medical responsibility for the individual shall have access to information and records as necessary for the treatment of the individual;

6. If an individual is missing, or Division staff is assisting law enforcement in location of a suspect, fugitive, or material witness, the following information relating to the individual may be released to official agencies, if applicable:

i. Name and address;

ii. Date and place of birth;

iii. Social security number;

iv. ABO blood type and Rh factor;

v. Type of injury;

vi. Date and time of treatment;

vii. Date and time of death;

viii. A physical description including a photograph, if available; and

ix. Other significant personal data, such as medical condition or dangerousness to self;

7. To an agency authorized to investigate allegations of abuse or neglect of an individual, for example, the Division of Child Protection and Permanency (DCP&P) in the Department of Children and Families in the case of children, the Ombudsman for the Institutionalized Elderly for individuals over 60 years of age, and Adult Protective Services in the case of an adult living in his or her own home;

8. Investigators, inspectors or auditors from the Department or any agency authorized by law shall have access to client, Division and provider records in the course of conducting an investigation, inspection for licensure or audit; or

9. In the case of guardianship actions, the Public Defender shall be recognized as the attorney representing the individual, unless another attorney is noted in the client record and shall be permitted access.

N.J. Admin. Code § 10:41-5.2

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