N.J. Admin. Code § 13:42A-6.2

Current through Register Vol. 56, No. 24, December 18, 2024

Section 13:42A-6.2 - Access to copy of patient record

(a) For purposes of this section, "authorized representative" means, but is not necessarily limited to, a person designated by the patient or a court to exercise rights under this section. An authorized representative may be the patient's attorney or an agent of a third-party payor with whom the patient has a contract that provides that the third-party payor be given access to records to assess a claim for monetary damages or reimbursement.

(b) A State-certified psychoanalyst may require the record request to be in writing. No later than 30 days from receipt of a request from a patient or duly authorized representative, the State-certified psychoanalyst shall provide a copy of the patient record and/or billing records, including reports relating to the patient.

(c) The State-certified psychoanalyst may elect to provide a summary of the record, as long as the summary adequately reflects the patient's history and treatment, unless otherwise required by law.

(d) A State-certified psychoanalyst may charge a reasonable fee for the preparation of a summary and reproduction of records, which shall be no greater than an amount reasonably calculated to recoup the costs of transcription or copying.

(e) A State-certified psychoanalyst may withhold information contained in the patient record from a patient or the patient's authorized representative if, in the reasonable exercise of his or her professional judgment, the State-certified psychoanalyst believes release of such information would adversely affect the patient's health or welfare.

1. That record or the summary, with an accompanying explanation of the reasons for the original refusal, shall nevertheless be provided upon request of and directly to:

i. The patient's attorney;

ii. Another psychoanalyst or other licensed health care professional; or

iii. The patient's health insurance carrier.

(f) Records maintained as confidential pursuant to N.J.A.C. 13:42A-6.1(d) shall be released:

1. If requested or subpoenaed by the Committee or the Office of the Attorney General in the course of any Committee investigation;

2. Pursuant to an order of a court of competent jurisdiction;

3. Upon a waiver of the patient or an authorized representative to release the patient record to any person or entity, including to the Violent Crimes Compensation Board; or

4. In order to contribute appropriate patient information to the patient record maintained by a hospital, nursing home or similar licensed institution that is providing or has been asked to provide treatment to the patient.

(g) A State-certified psychoanalyst's obligation under this section to release information shall include the obligation to complete forms or reports required for third-party reimbursement of patient treatment expenses.

(h) When a request is made for release of already completed reports to enable the patient to receive ongoing care by another practitioner, the State-certified psychoanalyst shall not require that payment shall have been made for the professional services to which such reports relate as a condition for making such reports available. A State-certified psychoanalyst may, however, require advance payment for a report prepared for services as an expert witness.

N.J. Admin. Code § 13:42A-6.2