Section 26:1A-139 - Definitionsa. As used in this section: "De-identified data" means information that does not identify an individual and for which there is no reasonable basis to believe that the information can be used to identify an individual, and which meets the requirements for de-identification of protected health information under the "Health Insurance Portability and Accountability Act of 1996," Pub.L. 104-191, and any regulations adopted pursuant thereto by the Secretary of the United States Department of Health and Human Services.
b. For each reported diagnosis of Legionnaires' disease in the State, the Department of Health, or a local health officer pursuant to subsection f. of this section, shall conduct an epidemiological investigation to ascertain potential sources of infection consistent with the provisions of this section and the procedures and guidelines established pursuant to subsection c. of this section.c. The Department of Health shall develop procedures and guidelines regarding suspected outbreaks of Legionnaires' disease and the case investigation of reported diagnoses of Legionnaires' disease pursuant to subsection b. of this section, including, but not limited to: (1) documentation of any disruption of the public community water system, as defined in section 1 of P.L.2024, c.66 (C.58:12A-12.10), of the water system serving the primary residence of the individual with a confirmed case of Legionnaires' disease or other water exposure points identified pursuant to paragraph (3) of this subsection; (2) provisions for the investigation of potential sources of exposure to Legionella bacteria from fixtures, water-using equipment, or features at the individual's residence including water exposures external to the residence such as irrigation, hoses, or water-based equipment and devices;(3) provisions for the investigation of potential sources of exposure to Legionella bacteria from water exposure points in locations the individual visited in the 14 days preceding infection, if appropriate; and(4) procedures for determining when sampling of water fixtures identified as potential sources of exposure in paragraphs (2) and (3) of this subsection shall be performed and procedures for performing such sampling.d. As part of an investigation of a confirmed case of Legionnaires' disease, the Department of Health or the local health officer may require the owner or operator of a building suspected to be a source of Legionella bacteria exposure to test and mitigate the presence of Legionella bacteria consistent with the procedures and guidelines established by the department. The owner or operator shall report to the department the results of any environmental testing performed as part of the investigation. For the purposes of this subsection "building" shall not include any residential property with four or fewer dwelling units.e. The Department of Health or the local health officer may require the owner or operator of a building suspected to be a source of Legionella bacteria exposure to provide notice in a form and manner specified by the department. If notice is required in a municipality in which the primary language of 10 percent or more of the residents is a language other than English, the owner or operator shall provide the notice in both English and the other language to potentially exposed individuals.f. The Department of Health may delegate its responsibilities and duties pursuant to this section as deemed appropriate for conducting all or part of the case investigation required by this section to a local health officer having jurisdiction over the locality in which a patient diagnosed with Legionnaires' disease lives, frequently visits, or is employed, subject to the resources available to the local health officer.g. The Department of Health shall establish on its Internet website a dashboard accessible to the public and healthcare providers that provides de-identified data related to all reported cases of Legionnaires' disease with the goal of providing near-real-time incidence rates in affected communities. The Department of Health shall include information concerning aggregated data of all reported cases of Legionnaires' disease with the greatest degree of specificity consistent with ensuring that no information that could compromise protected health information, or patient identity, is included in such reporting.Added by L. 2024 , c. 66, s. 5, eff. 9/12/2024.