New Jersey Assembly Bill A3741

New Jersey 2022-2023 Regular Session

• Introduced: 5/2/22
• Refer: 5/2/22

Caption

Prohibits certain entities from requesting or requiring provision of personal health information.

Impact

The implications of A3741 are noteworthy as they would amend Title 10 of the Revised Statutes, reinforcing the legal framework surrounding health information privacy. Entities, including businesses and organizations that handle health-related data, will need to align their practices with the new regulations or face potential legal repercussions. Furthermore, the bill stipulates that individuals cannot face discrimination in receiving goods or services based on their choice to decline sharing personal health information. This goes a step further in ensuring that privacy does not come at the cost of access to essential services, thus promoting equity in healthcare access.

Summary

Assembly Bill A3741 introduces significant provisions aimed at enhancing the protection of personal health information for individuals in New Jersey. The bill explicitly prohibits any person or entity from requesting or requiring the disclosure of personal health information unless such actions are expressly authorized under federal law. This encompasses a wide range of health-related data, including medical records, documentation of healthcare services, and laboratory test results associated with an individual's health conditions. The intention behind this legislation is to fortify privacy protections and ensure that individuals' health information is safeguarded from unnecessary disclosure.

Contention

Notably, the bill does carve out an exception for healthcare professionals providing direct services, allowing them to request personal health information as necessary for treatment. This provision ensures that healthcare operations remain functional while still protecting patient privacy. However, the debate surrounding A3741 may center on balancing individual privacy rights with operational needs in the healthcare sector. There might be concerns among certain entities regarding compliance costs and the potential limitations on information sharing, which are essential for various business operations.