ASSEMBLY, No. 4385




DATED:  JUNE 27, 2022


      The Assembly Budget Committee reports favorably Assembly Bill No. 4385.

       This bill makes various revisions to P.L.2021, c.454, which pertains to electronic medical records and recording patients’ demographic information.

      Specifically, the bill provides that the cultural competency training programs hospitals and clinical laboratories are required to implement under P.L.2021, c.454 are to include training on how to collect race, ethnicity, sexual orientation, and gender identity in a culturally competent and sensitive manner. 

      The bill removes a provision of current law requiring the Department of Health to identify an evidence-based cultural competency training tool that may be utilized by cultural competency training programs implemented by general acute hospitals and clinical laboratories.  The bill revises questionnaire choices regarding demographics.

      The bill provides that as an alternative to a requirement under P.L.2021, c.454 that hospitals and clinical laboratories record demographic information using a program that is compatible with the State's disease surveillance reporting system using such data fields as may be available or necessary in the version of Health Level Seven International recording and reporting standards or equivalent standards adopted by the laboratory, the Commissioner of Health may designate the use of a different standard or program that produces superior data collection and related benefits. 

      Under the bill, the Department of Health may impose necessary corrective actions to achieve compliance with the provisions of with the provisions of section 3 of P.L.2021, c.454, (C.45:9-42.47), which may include, but need not be limited to, an attestation to be completed by an acute care hospital or a licensed clinical laboratory that:   indicates specific steps that will be taken to achieve compliance within 120 days following the date of attestation; acknowledges legal obligations and penalties; and provides relevant vendor information. 

      This bill revises the section of P.L.2021, c.454 that requires the Commissioner of Health to adopt rules and regulations to implement P.L.2021, c.454, to provide that the rules and regulations will take effect immediately upon filing with the Office of Administrative Law and will remain in effect for 18 months.  Thereafter, the rules and regulations may be amended, adopted, or readopted in accordance with the provisions of the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.).

      The bill makes technical changes and various revisions to the effective date of P.L.2021, c.454.



      This bill is not certified as requiring a fiscal note.