N.J. Admin. Code § 7:1K-10.3

Current through Register Vol. 56, No. 21, November 4, 2024

Section 7:1K-10.3 - Disclosure of confidential information or assertedly confidential information to physicians or osteopaths

(a) The Department may disclose confidential information or assertedly confidential information to a physician or osteopath when such information is needed for medical diagnosis or treatment if:

1. The physician or osteopath seeking disclosure of confidential information or assertedly confidential information for the purposes of medical diagnosis or treatment makes a written request for disclosure of the information. The written request shall concisely describe the need for the information and shall certify that the information is not available from other sources;

2. The physician or osteopath signs a written agreement with the Department providing that the physician or osteopath and his or her employees shall use the information only for the purpose of medical diagnosis or treatment, shall refrain from disclosing the information to anyone other than the Department, shall store all records containing the confidential information in locked cabinets in secure rooms, shall not duplicate the information, and shall return to the Department all originals and all copies of the information (and any abstracts or extracts therefrom, or any records containing any of the information) when the confidential information is no longer necessary for medical diagnosis or treatment; and

3. If the claimant so requests, the physician or osteopath signs a written agreement with the claimant to refrain from further disclosure of the information.

(b) Before disclosing confidential information or assertedly confidential information to a physician or osteopath under (a) above, the Department shall notify the claimant of the proposed disclosure in writing, delivered by certified mail, return receipt requested, at least 45 days before making the disclosure. The notice shall state the information to be provided, the identity of the physician or osteopath, and the scheduled date of disclosure.

N.J. Admin. Code § 7:1K-10.3