Physician Resources
Identity Theft Regulations
New Rule on Identity Theft Adopted By the Division of Consumer Affairs
The Department of Consumer Affairs was inundated with comments to a proposed rule on the Identity Theft Prevention Act, N.J.S.A. 13:45F. MSNJ submitted written comments because the rule would have impacted every physician practice. Duties were set forth governing breaches in computer security and destruction of records containing personal information. In response to the negative comments, DCA did not adopt the subchapter relating to security. The original proposal allowed the Division to inspect documentation concerning mandated development of computer security systems, notification procedures for a breach, and records or destruction that a business was required to maintain. Implementation of the proposed system would not only have been costly, but information housed in medical computers is often confidential under State and Federal law creating further difficulties regarding compliance. In lieu of adopting the subchapter the Division will seek advice on the operational and technical issues of computer security by establishing a working group consisting of experts in those areas. Also the Division intends to develop a pre-proposal addressing the security of personal information and to hold hearings. To read the adopted regulation http://www.state.nj.us/lps/ca/adoption/adopt.htm
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