N.J. Admin. Code § 10:41-3.2 - Public and non-public Division and provider records

(a) The following Division and provider records are considered public when the documents are final. Redaction of information, as defined in 10:41-4.3, must occur before release of these records. Division and provider records that are public include:
1. The standard contract documents, including appendices and supporting materials that are not specific to any individual;
2. Programmatic and financial reports;
3. Reports that monitor or evaluate the operations of the Division or of providers under contract with the Division or licensed by the Department, including, but not limited to, accreditation reports;
4. Fiscal auditing reports;
5. Provider policies and procedures that are required by State regulation and/or Division policy and are not specific to any individual;
6. Licenses to operate;
7. Inspection reports for licensure;
8. Plan of Correction for Inspection Reports; and
9. Division procedures including, but not limited to, Division Circulars, institutional and provider procedures.
(b) The following Division and provider records are not public and can only be released upon judicial order. These Division and provider records include:
1. Investigations of unusual incidents;
2. Initial Unusual Incident Reports and Unusual Incident Follow up Reports;
3. Any and all documents and materials related to a pending investigation of an unusual incident;
4. Addresses of community residences licensed by the Department;
5. Intra- and inter-agency communications and procedures that are considered by the Division to be advisory, consultative, and deliberative material; risk management documents; and self-critical analyses;
6. Investigations conducted by the Department's Office of Licensing; and
7. Records that are otherwise protected by law.


N.J. Admin. Code § 10:41-3.2
Amended by 49 N.J.R. 3603(b), effective 11/20/2017

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