Bill

Bill > S4278


NJ S4278

NJ S4278
Makes various revisions to law pertaining to electronic medical records and recording certain minor patients' demographic information.


summary

Introduced
03/24/2025
In Committee
03/24/2025
Crossed Over
Passed
Dead
01/12/2026

Introduced Session

2024-2025 Regular Session

Bill Summary

This bill revises certain laws pertaining to electronic medical records and the recording of patients' demographic information. It is the sponsor's intent that this bill will prohibit general acute care hospitals and clinical laboratories from collecting, or requesting to collect, data concerning sexual orientation or gender identity from minor patients, unless the minor patient's parent or guardian voluntarily provides such information. If such information is voluntarily provided by a parent or guardian, the provisions of the bill should not be construed as prohibiting a health care provider from discussing and recording the information, as necessary for the provision of health care services. Specifically, this bill provides that a general acute care hospital or clinical laboratory will not collect, or request to collect, data concerning patient sexual orientation or gender identity for a patient who is a minor under the age of 18, unless the patient or patient's parent or guardian voluntarily provides the data. The bill also revises current law concerning electronic medical records or laboratory information management systems to provide that, in the case of a minor patient under the age of 18, certain electronic medical records or laboratory information management systems will be configured in a manner that does not require a selection for the patient's gender identity and sexual orientation in order to save or store the patient's demographic information. Under current law, a clinical laboratory is required to electronically record the race, ethnicity, sexual orientation, and gender identity of each patient who presents with a non-electronic order for testing at a clinical laboratory patient service center. Current law also requires that certain electronic medical records or laboratory information management systems used by acute care hospitals and licensed clinical laboratories are to be configured in a manner that prevents an authorized user from saving or storing a patient's demographic information into the electronic medical records or laboratory information management systems unless a selection for a patient's gender identity, sexual orientation, and racial and ethnic information is recorded.

AI Summary

This bill makes significant revisions to laws governing electronic medical records and demographic information collection, with a specific focus on protecting the privacy of minor patients. The legislation prohibits general acute care hospitals and clinical laboratories from collecting or requesting sexual orientation or gender identity data from patients under 18, unless such information is voluntarily provided by the patient's parent or guardian. If voluntarily shared, the data can only be used for medical diagnosis and treatment purposes. The bill requires healthcare facilities to configure their electronic medical records and laboratory information management systems so that they do not mandate gender identity or sexual orientation selections for minor patients when storing demographic information. Additionally, the bill maintains existing requirements for cultural competency training for hospital staff responsible for collecting patient demographic information, ensuring that such data collection is done sensitively and with an understanding of its potential impact. The legislation also provides the Commissioner of Health with the authority to adopt necessary regulations and imposes potential civil penalties on vendors of medical records systems who fail to comply with the new requirements, with penalties of up to $1,000 per day of non-compliance.

Committee Categories

Health and Social Services

Sponsors (2)

Last Action

Introduced in the Senate, Referred to Senate Health, Human Services and Senior Citizens Committee (on 03/24/2025)

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