Requires DHS to take action to raise public awareness of privacy laws that prevent disclosure of health care enrollment information to immigration authorities.

A1363

ASSEMBLY, No. 1363

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblywoman ELLEN J. PARK

District 37 (Bergen)

Assemblyman GABRIEL RODRIGUEZ

District 33 (Hudson)

SYNOPSIS

���� Requires DHS to take action to raise public awareness
of privacy laws that prevent disclosure of health care enrollment information
to immigration authorities.

CURRENT VERSION OF TEXT

���� Introduced Pending Technical Review by Legislative
Counsel.

��

An Act
concerning
the privacy rights of immigrants and
the disclosure of health care enrollment information to immigration
authorities, and supplementing Title 30 of the Revised Statutes.

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

���� 1.��� a.� The Legislature
finds and declares that existing privacy laws prohibit the disclosure of health
care enrollment information to immigration and customs authorities and
officials; however, the State�s immigrant population lacks adequate awareness
about these privacy protections and is, therefore, less likely to apply for and
receive health care benefits under the State�s Medicaid and NJ FamilyCare
programs than would otherwise be true, because of an unfounded fear that
disclosure of their health care enrollment information will lead to their
deportation or the undertaking of other adverse immigration-related action
against them.� The Legislature further finds and declares that the development
of a public awareness campaign, which is designed to highlight the applicable
privacy protections in this area, would benefit the State�s immigrant
population � particularly those immigrants who lack appropriate health care
coverage � since immigrants will be more likely to seek needed public
assistance under the State Medicaid or NJ FamilyCare programs if they do not
fear that official retribution will result from such action.�

���� b.��� The Department of Human
Services shall establish a public awareness campaign to inform the public, and
particularly, the immigrant populations in the State, about the existence and
nature of federal and State privacy laws that prevent the disclosure of health
care enrollment information to immigration and customs authorities and
officials.� The public awareness campaign developed pursuant to this subsection
may be coordinated with, or incorporated as a distinct part of, the enhanced
Medicaid and NJ FamilyCare outreach and enrollment initiative that is
established by the department under section 26 of P.L.2008, c.38 (C.30:4J-18).

���� c.���� In implementing the
public awareness campaign under this section, the commissioner shall:

���� (1)�� prepare and disseminate
information to the public through the use of linguistically and culturally
sensitive informational materials and public announcements in both English and
Spanish;

���� (2)�� make use of all
available forms of media, including, but not limited to, print media,
television and radio, billboards, and the Internet;�

���� (3)�� seek to disseminate
printed information through a variety of entities, including, but not limited
to, primary care sites, health care facilities, local health departments and
clinics, social service entities, county offices on aging, pharmacies, libraries,
community centers, senior centers, houses of worship, and community-based
outreach programs and organizations; and

���� (4)�� coordinate the efforts
used in the campaign with any activities that are being undertaken by the
department or other State agencies to promote public awareness of, and provide
information to the public about, the State�s medical assistance programs.

���� d.��� The department shall
establish, on its Internet website, a unique webpage that is dedicated to the
immigration and privacy issues that are the subject of the public awareness
campaign established under this section.� The unique webpage shall be easily identifiable
and accessible to Spanish-speaking website visitors.� To that end, the
department shall ensure both that the webpage is accessible through the use of
a Spanish-language uniform resource locator (URL), and that any hyperlinks to
the page, which appear at any location on the department�s Internet website,
include a parenthetical explanation, in both English and Spanish, describing
the contents of the page.� The webpage itself shall provide a summary, in both
English and Spanish, of relevant immigration and privacy laws and how they
govern the disclosure of health care information, and shall include hyperlinks
to the U.S. Department of Homeland Security�s Immigration and Customs
Enforcement website and any other appropriate websites that may be useful for
visitors seeking further explanation.� To the extent practicable, the unique
webpage established under this subsection shall also include hyperlinks to
digital and printable copies of the pamphlets and other printed materials that
have been developed as part of the public awareness campaign.�

���� 2.��� This act shall take
effect immediately.

STATEMENT

���� This bill would require the
Department of Human Services to undertake a public awareness campaign to inform
the public, and particularly, the immigrant populations in the State, about the
existence and nature of federal and State privacy laws that prevent the
disclosure of health care enrollment information to immigration and customs
authorities and officials.� The bill would specify that this public awareness
campaign may be coordinated with, or incorporated as a distinct part of, the
enhanced Medicaid and NJ FamilyCare outreach and enrollment initiative that is
established by the department under section 26 of P.L.2008, c.38 (C.30:4J-18).�

���� In implementing the public
awareness campaign, the commissioner would be required to:

���� ����� prepare and disseminate
information to the public through the use of linguistically and culturally
sensitive campaign materials and public announcements in both English and
Spanish;

���� ����� make use of all
available forms of media, including, but not limited to, print media,
television and radio, billboards, and the Internet;�

���� ����� seek to disseminate
printed information through a variety of entities, including, but not limited
to, primary care sites, health care facilities, local health departments and
clinics, social service entities, county offices on aging, pharmacies, libraries,
community centers, senior centers, houses of worship, and community-based
outreach programs and organizations; and

���� ����� coordinate the efforts
used in the campaign with any activities that are being undertaken by the
department or other State agencies to promote public awareness of, and provide
information to the public about, the State�s medical assistance programs.

���� The department would
additionally be required to establish, on its Internet website, a unique
webpage that is dedicated to the immigration and privacy issues that are the
subject of the public awareness campaign established under the bill�s
provisions.� The bill would require the unique webpage to be easily
identifiable and accessible to Spanish-speaking website visitors.� To that end,
the department would be required to ensure both that the webpage is accessible
through the use of a Spanish-language uniform resource locator (URL), and that
any hyperlinks to the page, which appear at any location on the department�s
Internet website, include a parenthetical explanation, in both English and
Spanish, describing the contents of the page.� The webpage itself would provide
a summary, in both English and Spanish, of relevant immigration and privacy
laws and how they govern the disclosure of health care information.� It would
also contain hyperlinks to the U.S. Department of Homeland Security�s
Immigration and Customs Enforcement website, as well as any other appropriate
websites that may be useful for visitors seeking further explanation, and, to
the extent practicable, would contain hyperlinks to digital and printable
copies of the pamphlets and other printed materials that have been developed as
part of the public awareness campaign.