New Jersey S 2262: Requires affirmative written consent for certain entities to disclose individual's medical information regarding reproductive health care services, with limited exceptions, unless disclosure is necessary to provide those services.

Bill Text

S2262 

SENATE, No. 2262 

STATE OF NEW JERSEY

222nd LEGISLATURE

� 

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Senator M. TERESA RUIZ

District 29 (Essex and Hudson)

Senator NICHOLAS P. SCUTARI

District 22 (Somerset and Union)

Co-Sponsored by:

Senators Burgess, McKnight, Mukherji, McKeon, Zwicker, 
Greenstein and Diegnan

SYNOPSIS

���� Requires affirmative written consent for certain 
entities to disclose individual's medical information regarding reproductive 
health care services, with limited exceptions, unless disclosure is necessary 
to provide those services.

CURRENT VERSION OF TEXT 

���� Introduced Pending Technical Review by Legislative 
Counsel.

��

An Act concerning disclosure of reproductive health care 
services and supplementing Title 45 of the Revised Statutes and Chapter 30 of 
Title 17B of the New Jersey Statutes. 

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

���� 1.��� a. �A health care provider or 
business associate of a covered entity shall be prohibited from intentionally sharing, selling, using 
for marketing, or otherwise disclosing any medical information regarding 
reproductive health care services for any purpose not necessary to provide 
those reproductive health care services to a patient of the health care 
provider, except as provided in subsection c. of this section, without the affirmative written consent 
of the patient or the patient's conservator, guardian, or other authorized 
legal representative.

���� b.��� A health care provider or business 
associate of a covered entity shall inform a patient or a patient's conservator, guardian, or other authorized 
legal representative of the 
right to withhold such affirmative written consent at or before the time 
reproductive health care services are rendered or at such time as the patient 
discloses any information relating to reproductive health care services that 
have been previously rendered.

���� c.���� A health care provider or business 
associate of a covered entity shall 
be exempt from the provisions of subsection a. regarding affirmative written 
consent if the disclosure of medical information regarding reproductive health 
care services is required by any of the following:� 

���� (1)�� to medical 
personnel to the extent necessary to meet a bona fide medical emergency;

���� (2)�� to 
the extent that the health care provider is a covered entity and the disclosure 
is made to a business associate under a valid business associate agreement; 

���� (3)�� as required to comply 
with the laws of this State, federal law, or the Rules of Court;

���� (4)�� pursuant to a court 
order issued by a court of competent jurisdiction in this State upon a showing 
of good cause;

���� (5)�� by a health care provider against whom a 
claim has been made, or there is a reasonable belief will be made, in an action 
or proceeding, to the health care 
provider�s attorney or professional liability insurer or insurer's agent 
for use in the defense of the action or proceeding;

���� (6) to the Commissioner of 
Health, Human Services, or Banking and Insurance, or any professional licensing 
board operating under the authority of the Division of Consumer Affairs in the 
Department of Law and Public Safety for records of a patient of a health care 
provider in connection with an investigation of a complaint, if the records are 
related to the complaint;

���� (7)�� to a federal or State 
agency charged with investigating known or, in good faith, suspected child 
abuse, abuse of an elderly individual, abuse of an individual who is 
incapacitated, or abuse of an individual with a physical or mental disability, 
if such disclosure is requested in connection with an investigation of abuse 
that would constitute a crime under the laws of this State and such records are 
related to such investigation; and 

���� (8)�� pursuant to regulations 
promulgated by the Commissioner of Health.

���� d.��� Nothing contained herein 
shall be construed to limit, diminish, or abrogate the rights of a person under 
HIPAA or the obligations of a health care provider under HIPAA.

���� e.���� (1) If a court of 
competent jurisdiction finds that a health care provider has violated this 
section, the court may award damages, computed at a rate of $1,000 per 
violation, reasonable attorney�s fees, and the costs incurred in maintaining 
that civil action.

���� (2) The private right of 
action authorized pursuant to this section does not supplant any other claim or 
cause of action available to a person under common law or by statute. The 
provisions of this subsection apply in addition to any other common law and 
statutory remedies.

���� f.���� As used in this section:

���� �Affirmative 
written consent� means a freely given, specific agreement, collected on a 
standalone form, which form clearly states to the patient how records containing 
medical information could be used and to whom the