N.J. Admin. Code § 13:35-6.5 - Preparation of patient records, computerized records, access to or release of information

These requirements apply to any person who is licensed or authorized to engage in a health care profession regulated by the New Jersey Board of Medical Examiners. 

A patient or authorized representative may request access from a licensee to the patient's professional treatment and/or billing records, including treatment records from other licensees or other health care providers; a licensee may require such request to be in writing. Within thirty days of receiving a request, a licensee must provide a copy of the requested record(s), which must include all pertinent objective data as applicable (such as test and x-ray results) and subjective information. Unless otherwise required by law, a licensee may choose to provide a summary of the record instead of a copy of the actual record, as long as that summary adequately reflects the patient's history and treatment.

The licensee may deny the patient requested access if, in the exercise of professional judgment, he or she has reason to believe that knowledge of the subjective information contained in the record (or a summary) will adversely affect the patient’s mental or physical condition. Upon request, the licensee must provide the record to which a patient has been denied access, including a notice setting forth the reasons for the original refusal, directly to the patient’s attorney, another licensed health care professional, the patient’s insurance carrier, or a governmental reimbursement program with responsibility to review utilization and/or quality of care.

Licensees may charge a fee for the reproduction of records of up to $1 per page or $100 for the entire record, whichever is less. If the requested record is less than 10 pages, the licensee may charge up to $10 to cover postage and retrieval costs. If the licensee has chosen to provide a summary in lieu of the actual record, he or she may charge a reasonable fee for the preparation of such summary, which may not exceed the cost that would be charged for producing a hard copy of the actual record. If the requested record includes x-rays or any other material that cannot be routinely copied on a commercial photocopier, the licensee may charge the actual cost of duplicating such materials (or the actual fee charged by a third party for duplication), plus an administrative fee to cover retrieval, personnel, and/or overhead costs of up to $10 or 10 percent of the cost of reproduction, whichever is less.