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Senate Commerce Committee Statement to Senate Committee Substitute for Senate, No. 704 (May 16, 2022)

Summary

This is a Senate Commerce Committee statement to the New Jersey Senate on the Senate Committee Substitute for Senate Bill No. 704, dated May 16, 2022. The committee reports the substitute favorably. The substitute prohibits mental health care professionals from disclosing mental health notes to health insurance carriers or health care payers. It also requires a professional who gives a patient a copy of the notes on request to state that the notes are confidential and excluded from information required to be provided to carriers and payers. The statement defines "mental health notes" as notes documenting or analyzing conversation during a counseling session, kept separate from the rest of the medical record, and excludes items such as medication prescription and monitoring and results of clinical tests.

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Cite this document

“Senate Commerce Committee Statement to Senate Committee Substitute for Senate, No. 704 (May 16, 2022).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2022-05-16-scm-s704-s1-d120602e5e/, SHA-256 1c95a6d6c14b244149f775eac312005123468c5c1705034c723bf9639117fbac.

Full text

     SENATE COMMERCE COMMITTEE

                    STATEMENT TO

 SENATE COMMITTEE SUBSTITUTE FOR
                   SENATE, No. 704

 STATE OF NEW JERSEY
                       DATED: MAY 16, 2022

    The Senate Commerce Committee reports favorably the Senate
Committee Substitute for Senate Bill No. 704.
    This committee substitute prohibits mental health care
professionals from disclosing mental health notes to health insurance
carriers or health care payers. The bill also requires a mental health
care professional that provides a copy of mental health notes to a
patient upon the patient’s request to include a statement that the mental
health notes are confidential and excluded from information required
to be provided to health insurance carriers and health care payers.
    Under the bill, “mental health notes” means notes recorded, in any
medium, by a mental health care professional documenting or
analyzing the contents of conversation during a private counseling
session or a group, joint, or family counseling session and that are
separated from the rest of the covered person’s medical record.
“Mental health notes” shall not include medication prescription and
monitoring, counseling session start and stop times, the modalities and
frequencies of treatment furnished, results of clinical tests, and any
summary of the following items: diagnosis, functional status, the
treatment plan, symptoms, prognosis, and progress to date.

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