New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 41 - RECORDS CONFIDENTIALITY AND ACCESS TO CLIENT, DIVISION, AND PROVIDER RECORDS › Subchapter 4 - CONFIDENTIALITY OF RECORDS › Section 10:41-4.1 - Safeguarding records

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All providers,
				including those under contract with the Division or licensed by the Department,
				shall secure records of individuals in their care against access, loss,
				defacement, use and copying by unauthorized persons.
(b) The Division's chief executive officer,
				community services administrator, or unit director shall safeguard the records
				of individuals in his or her Division service component, and shall determine
				who may access, inspect, or copy the records, how the records may be used, how
				long the records may be used, and other restrictions on access to the records,
				in accordance with this chapter and the HIPAA Privacy Rule, 41 CFR Parts 160
				and 164.
(c) All requests for
				release of records shall be directed to the administrative head of the Division
				component, or the administrative head's designee.
(d) All requests for release of client
				records shall be made in writing and identify the specific information
				requested as well as the intended uses of the information, except for those
				exceptions indicated in
				10:41-5.2(d). The
				requests for release of client records shall be accompanied by a valid written
				authorization.
(e) An accounting
				record shall be maintained of every person or entity that accesses, inspects or
				obtains copies of a client record, the stated use to be made of the
				information, and the staff person authorizing the release of the record. This
				information is to be maintained in accordance with the Federal HIPAA Privacy
				Rule, and
				45 C.F.R.
				164.528.
(f) Retention and destruction of client,
				provider and Division records shall be in accordance with the State of New
				Jersey, Division of Archives and Records Management records retention schedule
				and the Federal HIPAA privacy rule, 45 CFR Parts 160 and 164.
(g) Records shall be released to entities
				outside the Department of Human Services, such as the Centers for Medicare and
				Medicaid Services, New Jersey Department of Health, and Disability Rights New
				Jersey, if authorized by the Department to monitor the quality of services
				offered to the individual or as otherwise authorized by law. The persons
				identified in this subsection shall agree in writing to safeguard the
				confidentiality of records.
(h)
				Information may be released to program staff and associated professional
				personnel (including students completing professional internships or field
				placements) who provide habilitation to the individual. The persons identified
				in this subsection shall agree in writing to safeguard the confidentiality of
				records.
(i) Information may be
				released to persons authorized by the Division who serve as unpaid volunteers
				if necessary to further the habilitation of the individual. The persons
				identified in this subsection shall agree in writing to safeguard the
				confidentiality of records.
(j) Any
				questions concerning access to records shall be referred to the Division's
				Legal and Administrative Practice Office.