New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 41 - RECORDS CONFIDENTIALITY AND ACCESS TO CLIENT, DIVISION, AND PROVIDER RECORDS › Subchapter 5 - ACCESS AND RELEASE OF RECORDS › Section 10:41-5.2 - Release of client records

Current through Register Vol. 56, No. 14, July 15, 2024
(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 (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.