ASSEMBLY, No. 1020
STATE OF NEW JERSEY
PRE-FILED FOR INTRODUCTION IN THE 2020 SESSION
Assemblywoman JOANN DOWNEY
District 11 (Monmouth)
Assemblyman ANDREW ZWICKER
District 16 (Hunterdon, Mercer, Middlesex and Somerset)
Assemblyman NICHOLAS CHIARAVALLOTI
District 31 (Hudson)
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.