CHAPTER 74

 

An Act concerning the New Jersey Cancer Registry, amending P.L.1977, c.266 and making an appropriation.


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


      1.   Section 3 of P.L.1977, c.266 (C.26:2-106) is amended to read as follows:


C.26:2-106 Reports to Commissioner of Health; rules, regulations; enforcement.

      3. a. The Commissioner of Health, in consultation with the Public Health Council, shall require the reporting of cases of cancer and other specified tumorous and precancerous diseases, and the submission of such specified additional information on reported cases or control populations as he deems necessary and appropriate for the recognition, prevention, cure or control of such diseases.

      b. Pursuant to subsection a. of this section, the Commissioner of Health is hereby authorized to adopt and promulgate, in the manner prescribed by the applicable provisions of the "Administrative Procedure Act," (P.L.1968, c. 410) C.52:14B-1 et seq., rules and regulations specifying the health care providers, individuals, and other organizations obliged to make the report and submissions required by subsection a. of this section, the related information to be included in such reports, and the methods for such reporting.

      c. All abstracting work performed by a health care facility in accordance with this section shall be performed by a certified tumor registrar.

      d. (1) The Department of Health shall contract out its registry services to health care facilities which lack adequate internal capabilities to report cases on a timely basis, as provided in the regulations adopted pursuant to this section. Such health care facilities shall reimburse the department for services rendered.

      (2) If a health care facility fails to correct deficiencies in its reporting that are discovered on audit by the Department of Health within 30 days, the department will conduct the appropriate registrar activities and charge the facility for all costs related to its services.

      e. Health insurers and other third party health care payers providing health benefits plans to residents of the State shall report to the Department of Health cases of cancer of State residents based upon selection criteria and in a format specified by the department.

      f. (1) A health care facility, health care provider or health insurer that fails to comply with the provisions of this section shall be liable to a penalty of up to $500 per unreported cancer case.

      (2) A health care facility that fails to report cases of cancer electronically, as required by regulation, by December 31, 1996 shall be liable to a penalty not to exceed $1,000 per business day.

      (3) A penalty sued for under the provisions of this subsection shall be recovered by and in the name of the Department of Health and shall be dedicated to the cancer registry.


      2.   There is appropriated $400,000 from the General Fund to the Department of Health to be used to improve the reporting and analysis capabilities of the State cancer registry, including cancer incidence and epidemiological research associated with the Toms River, New Jersey childhood cancer investigation.


      3. This act shall take effect immediately.


      Approved July 22, 1996.