STATE OF NEW JERSEY
221st LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2024 SESSION
Sponsored by:
Assemblyman STERLEY S. STANLEY
District 18 (Middlesex)
Assemblywoman SHANIQUE SPEIGHT
District 29 (Essex)
Assemblywoman VERLINA REYNOLDS-JACKSON
District 15 (Hunterdon and Mercer)
SYNOPSIS
Prohibits health insurance carriers from disclosing to policyholder or other person covered under health benefits plan any identifying information connected to covered person with valid protection order against policyholder or other covered person.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning health insurance carriers and confidentiality of certain information, and supplementing P.L.1997, c.192 (C.26:2S-1 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. A carrier shall be prohibited from disclosing to a policyholder or other person covered by the health benefits plan of the policyholder the address, telephone number, other method of contact, or any other identifying information of a covered person under a health benefits plan if the covered person delivers to the carrier:
(1) a valid protective order against the policyholder that is issued by a court of competent jurisdiction in the State; or
(2) a request to designate an alternative mailing address, telephone number or method of contact for the purposes of receiving claim related information if the covered person states that disclosure of all or part of the claim-related information could endanger the person.
The prohibition pursuant to this subsection shall remain in place for the duration of the protective order or until the request designating an alternative mailing address, telephone number or other method of contact is cancelled in writing by the covered person who made the request.
b. The requirements of subsection a. of this section shall apply to any healthcare provider providing covered services to the covered person. The provider shall be prohibited from disclosing any personally identifying information of the covered person; the nature of the covered services provided to the covered person; or from mailing, delivering, or otherwise providing claim-related information to any mailing address, telephone number, or other method of contact other than as designated by the covered person pursuant to subsection a. of this section.
c. If the covered person is a minor, the right established by this act may be asserted by, and shall extend to, the parent or guardian of the minor.
d. A carrier may require a covered person making a request to designate an alternative mailing address, telephone number, or other method of contact pursuant to this section to:
(1) make the request in writing;
(2) include a statement in the request that disclosure of all or part of the claim related information to which the request pertains could endanger the person or minor, if applicable; and
(3) specify an alternative mailing address, telephone number, or other method of contact.
e. As used in this section:
“Carrier” means an insurance company, health service corporation, hospital service information, medical service corporation, health maintenance organization, or other entity authorized to issue health benefits plans in this State, and shall include the State Health Benefits Program and the School Employees’ Health Benefits Program.
“Claim related information” means all claim or billing information relating specifically to a covered person.
2. The Commissioner of Banking and Insurance shall adopt rules and regulations as necessary to implement and administer this act in accordance with the “Administrative Procedure Act” P.L.1968, c.410 (C.52:14B-1 et seq.).
3. This act shall take effect on the 90th day next following enactment and shall apply to policies and contracts that are delivered, issued, executed, or renewed on or after that date.
STATEMENT
This bill prohibits health insurance carriers from disclosing to the policyholder, or any other person covered under the health benefits plan, any identifying information connected to a covered person with a valid protection order against the policyholder or other covered person.
Under the bill, a carrier will be prohibited from disclosing to the policyholder the address, telephone number, or other method of contact for a covered person under a health benefits plan if the covered person under the health benefits plan delivers to the carrier:
(1) a valid protective order against the policyholder that is issued by a court of competent jurisdiction in the State; or
(2) a request to designate an alternative mailing address, telephone number or other method of contact for the purpose of receiving claim related information if the covered person states that disclosure of all or part of the claim related information could endanger the person.
Healthcare providers providing covered services will also be included in the restrictions imposed by the bill. A provider will be prohibited from providing:
(1) any personally identifying information of the covered person;
(2) the nature of the covered services provided to the covered person; or
(3) claim related information to any mailing address, telephone number, or other method of contact other than as designated by the covered person.
The bill also provides that if the covered person is a minor, the right established by the bill may be asserted by, and may extend to, the parent or guardian of the minor.