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A 2220

Requires affirmative written consent for certain entities to disclose individual's medical information regarding reproductive health care services, with limited exceptions, unless disclosure is necessary to provide those services.

2026-2027 Regular Session Introduced by Rosy Bagolie and 10 co-sponsors

Requires affirmative written consent to disclose reproductive health info; strong privacy protections with narrow exceptions and a private damages remedy.

Introduced, Referred to Assembly Science, Innovation and Technology Committee
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Bill Summary · A 2220

Summary of Bill A-2220 (New Jersey, 222nd Legislature)

Purpose and Intent

Bill A-2220 would restrict the disclosure of an individual’s medical information related to reproductive health care services without affirmative written consent. The measure applies to health care providers, business associates of covered entities, and carriers (insurers) and seeks to ensure that personal information about reproductive health services (pregnancy, contraception, termination, etc.) is disclosed only for purposes necessary to provide or pay for those services, with specified exceptions.

Key Provisions

  • Affirmative written consent required. Health care providers, business associates of covered entities, and carriers may not disclose reproductive health care medical information for purposes other than providing or paying for those services unless the patient (or authorized representative) grants affirmative written, standalone consent. The consent form must clearly explain how records could be used and disclosed and allow refusals for specific disclosures.

  • Right to withhold consent. Providers and carriers must inform patients (or their authorized representatives) of the right to withhold consent at or before service delivery or when information about previously rendered services is disclosed.

  • Limited exceptions to consent. Disclosures may occur without affirmative consent in specific circumstances, including:

    • Bona fide medical emergencies to medical personnel.
    • Disclosures between a covered entity and its business associate under a valid agreement.
    • Compliance with state/federal law or court rules.
    • Court order with good cause.
    • Defense in a civil action (to the provider’s or carrier’s attorney or insurer).
    • Disclosures to health/financial regulators or licensing boards during investigations related to complaints.
    • Disclosures pursuant to regulations from relevant state commissioners.

  • HIPAA compatibility. The bill affirmatively states it does not limit or diminish rights or obligations under HIPAA.

  • Private right of action and remedies. If a court finds a violation, damages may be awarded at $1,000 per violation, plus reasonable attorney’s fees and costs. The remedy is in addition to any other legal claims.

  • Definitions. The bill provides precise definitions for:

    • Affirmative written consent
    • Business associate and covered entity (aligned with 45 CFR 160.103)
    • Health care provider (broadly includes providers and licensed facilities)
    • Medical information (any identifiably linked information across various data forms)
    • Reproductive health care services (including counseling and referrals, not just procedures)
    • Carrier (insurance plans and related contracted entities)

  • Effective date. The act would take effect on the 180th day after enactment, with possible anticipatory administrative actions by relevant commissioners to implement.

Who is Affected

  • Health care providers and their business associates
  • Carriers (insurers) and entities contracted with carriers (e.g., PBMs, medical groups)
  • Patients and covered persons seeking reproductive health services
  • Legal representatives acting on behalf of patients

Procedural and Timeline Details

  • Introduced January 13, 2026; referred to Assembly Science, Innovation and Technology Committee.
  • Pending committee action and potential floor consideration.
  • Effective 180 days after enactment, subject to early administrative actions by commissioners for readiness.

Impact Overview

The bill strengthens patient control over the disclosure of reproductive health information and creates a private right of action with damages for violations. It introduces concrete consent requirements and a defined set of narrow exceptions, potentially increasing privacy protections for individuals seeking reproductive health care in New Jersey.

Compiled from official sources — confirm details with the bill’s official record.

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