SENATE COMMITTEE SUBSTITUTE FOR

SENATE, No. 704

STATE OF NEW JERSEY

220th LEGISLATURE

ADOPTED MAY 16, 2022

Sponsored by:

Senator  RICHARD J. CODEY

District 27 (Essex and Morris)

Co-Sponsored by:

Senators Stack, Sarlo and Gill

SYNOPSIS

     Prohibits mental health care professionals from disclosing mental health notes to health insurance carriers.

CURRENT VERSION OF TEXT

     Substitute as adopted by the Senate Commerce Committee.

An Act concerning disclosure of certain behavioral health care information and supplementing Title 45 of the Revised Statutes.

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

     1.  a.  A mental health care professional shall not disclose to a carrier or health care payer mental health notes.

     b.    If a mental health care professional provides a copy of mental health notes to a patient upon the patient’s request, the copy provided shall include the following statement: “Under New Jersey law, mental health notes are confidential and are excluded from information that must be provided to insurance carriers and health care payers.”

     c.     As used in this section:

     "Behavioral health care services" means procedures or services rendered by a mental health care professional for the assessment and treatment of mental illness, emotional disorders, or substance abuse.

     “Carrier” means the same as defined in section 3 of P.L.2005, c.352 (C.17B:30-50).

     "Mental health care professional" means an individual licensed or certified by this State to provide or administer behavioral health care services in the ordinary course of business or practice of a profession.

     “Mental health notes” means notes recorded, in any medium, by a mental health care professional documenting or analyzing the contents of conversation during a private counseling session or a group, joint, or family counseling session and that are separated from the rest of the covered person’s medical record. “Mental health notes” shall not include medication prescription and monitoring, counseling session start and stop times, the modalities and frequencies of treatment furnished, results of clinical tests, and any summary of the following items: diagnosis, functional status, the treatment plan, symptoms, prognosis, and progress to date.

     2.    This act shall take effect on the first day of the fourth month next following enactment.