Bill Text: NJ A1020 | 2020-2021 | Regular Session | Amended

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Bill Title: Requires certain hospitals and healthcare facilities to collect patients' gender and sexual orientation information.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2021-02-22 - Reported out of Assembly Comm. with Amendments, 2nd Reading [A1020 Detail]

Download: New_Jersey-2020-A1020-Amended.html

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[First Reprint]

ASSEMBLY, No. 1020

STATE OF NEW JERSEY

219th LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2020 SESSION

 

 

Sponsored by:

Assemblywoman  JOANN DOWNEY

District 11 (Monmouth)

Assemblyman  ANDREW ZWICKER

District 16 (Hunterdon, Mercer, Middlesex and Somerset)

Assemblyman  NICHOLAS CHIARAVALLOTI

District 31 (Hudson)

 

 

 

 

SYNOPSIS

     Requires certain hospitals and healthcare facilities to collect patients' gender and sexual orientation information.

 

CURRENT VERSION OF TEXT

     As reported by the Assembly Human Services Committee on February 22, 2021, with amendments.

  

An Act concerning gender and sexual orientation and supplementing Title 26 of the Revised Statues.

 

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

 

     1.    a.  The Commissioner of Health shall require a hospital or other health care facility licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.) to¹: 

     (1)¹  collect gender and sexual orientation information from patients and include this information in patients' electronic health records and other clinical records maintained by the hospital or facility¹[, which].  The¹ information ¹collected pursuant to this paragraph¹ shall include, but ¹[shall] need¹ not be limited to¹[,]:  information regarding¹ how patients think of themselves in terms of their sexual orientation¹[,];¹ patients' current gender¹,¹ as well as the gender listed on patients' birth certificates¹[,];¹ and preferred pronouns used by patients to describe themselves ¹; and

     (2)   on an annual basis, or more frequently as required by the commissioner, submit a written report to the commissioner containing an aggregated and depersonalized summary of information, collected pursuant to paragraph (1) of this subsection, regarding patients' gender and sexual orientation¹.

     b.    Each vendor that sells, leases, or licenses for use an electronic health records system that is used by hospitals or other health care facilities in this State shall ensure the system is equipped to allow for the inclusion of gender and sexual orientation information ¹collected¹ pursuant to subsection a. of this section.

     c.     Nothing in this section shall be construed to authorize the disclosure of any confidential information in violation of State or federal privacy laws or to require patients to disclose gender and sexual orientation information if they do not voluntarily choose to do so.

     ¹d.   The Department of Health shall publish, on its Internet website, the aggregated and depersonalized demographic data that is reported by hospitals and other facilities pursuant to paragraph (2) of subsection a. of this section.  The department shall update its Internet website, on a daily basis, to ensure that it reflects the latest demographic data received by the commissioner.

     e.     The Commissioner of Health shall annually submit a written report to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature, summarizing the aggregated and depersonalized demographic data that has been reported, during the year, by hospitals and other facilities, and identifying any trends or significant changes in the data.¹

 

     2.    Pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the Department Health may adopt rules and regulations necessary to effectuate the provisions of this act.

 

     3.    This act shall take effect 180 days after the date of enactment.