N.J. Admin. Code § 10:41-4.1 - Safeguarding records
(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
N.J.A.C.
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.
Notes
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