New Jersey Assembly Bill A5075

New Jersey 2022-2023 Regular Session

• Introduced: 1/19/23
• Refer: 1/19/23

Caption

Prohibits acquisition or disclosure of personal health information without consent.

Impact

If enacted, the bill would significantly amend existing privacy laws by establishing stricter requirements for healthcare providers and third parties involved in the handling of personal health information. It ensures that individuals have control over their data by mandating consent at each disclosure, thereby reinforcing individual privacy rights. The bill also clarifies that it does not undermine the rights guaranteed under the Health Insurance Portability and Accountability Act (HIPAA), which continues to provide a federal standard for privacy in healthcare.

Summary

Assembly Bill 5075 aims to provide greater protection for personal health information in New Jersey by requiring explicit consent from individuals before their biometric data, health data, or protected health information can be acquired or disclosed. The bill underscores the importance of informed consent in the acquisition and transfer of sensitive health-related data, stipulating that consent must be gathered no more than three days prior to each disclosure. This move is seen as a necessary step in enhancing privacy standards amid growing concerns over data security in the health sector, particularly as it relates to digital platforms and mobile applications.

Sentiment

The sentiment surrounding AB 5075 appears largely positive among privacy advocates and those concerned with consumer rights. Supporters argue that the measures proposed in the bill empower individuals and discourage unauthorized access to sensitive health information. However, some stakeholders in the healthcare community express concern that the stringent consent requirements could complicate the operational aspects of data-sharing vital for effective patient care and could hinder innovation in health tech.

Contention

Notable points of contention include the balance between privacy and necessary data sharing in healthcare. Critics question whether such stringent requirements might impede healthcare providers from sharing crucial health information timely. Moreover, there are discussions around how this legislation could affect the operations of mobile application developers and the extent to which these entities must adapt their practices to comply with consent requirements. The potential financial implications for violations, including hefty damages and legal costs, also raise concerns among industry stakeholders.