Bill Text: NJ A192 | 2014-2015 | Regular Session | Introduced
Bill Title: Imposes criminal penalties for illegally obtaining or disclosing personally identifiable health information.
Spectrum: Slight Partisan Bill (Republican 4-2)
Status: (Introduced - Dead) 2014-01-16 - Introduced, Referred to Assembly Health and Senior Services Committee [A192 Detail]
Download: New_Jersey-2014-A192-Introduced.html
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.
