ASSEMBLY, No. 192

STATE OF NEW JERSEY

216th LEGISLATURE

PRE-FILED FOR INTRODUCTION IN THE 2014 SESSION

 


 

Sponsored by:

Assemblywoman  AMY H. HANDLIN

District 13 (Monmouth)

Assemblywoman  CAROLINE CASAGRANDE

District 11 (Monmouth)

Assemblyman  RONALD S. DANCER

District 12 (Burlington, Middlesex, Monmouth and Ocean)

 

Co-Sponsored by:

Assemblywoman N.Munoz, Assemblyman Caputo and Assemblywoman Tucker

 

 

 

 

SYNOPSIS

     Imposes criminal penalties for illegally obtaining or disclosing personally identifiable health information.

 

CURRENT VERSION OF TEXT

     Introduced Pending Technical Review by Legislative Counsel

 


An Act concerning the privacy of certain health information and supplementing Title 2C of the New Jersey Statutes.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    a.  A person who knowingly obtains or discloses personally identifiable health information, as defined in 45 CFR s.160.103, in violation of the federal health privacy rule, as set forth at 45 CFR Parts 160 and 164, shall be guilty of a crime of the third degree.

     b.    A penalty imposed pursuant to subsection a. of this section shall be in addition to any other penalty that may be imposed pursuant to law or regulation.

 

     2.    This act shall take effect immediately and shall apply to a crime occurring on or after the date of enactment.

 

 

STATEMENT

 

     This bill provides that a person who knowingly obtains or discloses personally identifiable health information, as defined in 45 CFR s.160.103, in violation of the federal health privacy rule, as set forth at 45 CFR Parts 160 and 164, is guilty of a crime of the third degree (which is punishable by imprisonment for a term of three to five years or a fine of up to $15,000, or both).

     Personally identifiable health information, as defined in 45 CFR s.160.103, is health information, including demographic information collected from an individual, that:  (1)  is created or received by a health care provider, health plan, employer, or health care clearinghouse; (2) relates to the past, present, or future physical or mental health or condition of an individual, the provision of health care to an individual, or the past, present, or future payment for the provision of health care to an individual; and (3) identifies the individual, or with respect to which there is a reasonable basis to believe the information can be used to identify the individual.

     A penalty imposed pursuant to this bill would be in addition to any other penalty that may be imposed pursuant to law or regulation.