Text of NJ A 4137 (2020)

ASSEMBLY, No. 4137 STATE OF NEW JERSEY 219th LEGISLATURE INTRODUCED MAY 11, 2020 Sponsored by: Assemblywoman VALERIE VAINIERI HUTTLE District 37 (Bergen) SYNOPSIS Requires hospitals to collect and report data on gender identity and sexual orientation in relation to coronavirus disease 2019 (COVID-19). CURRENT VERSION OF TEXT As introduced. An Act concerning hospitals and amending P.L.2020, c.28. Be It Enacted by the Senate and General Assembly of the State of New Jersey: 1. Section 1 of P.L.2020, c.28 is amended to read as follows: 1. a. The Commissioner of Health shall require hospitals licensed pursuant to Title 26 of the Revised Statutes to report to the Department of Health demographic data, including the age, ethnicity, gender as indicated by the person, including any indicated non-binary gender and any disparities in the person's gender identity and gender assigned at birth, sexual orientation, and race of persons in this State who have tested positive for the coronavirus disease 2019 or who have died from the coronavirus disease 2019, as well as the number of persons who attempt to get treatment for the coronavirus disease 2019, the number of persons who are admitted for treatment for the coronavirus disease 2019, and the number of persons who attempt to get tested for the coronavirus disease 2019 and were turned away, until the end of the State's declared public health emergency related to the coronavirus disease 2019. Commencing on the effective date of P.L. , c. (pending before the Legislature as this bill), each licensed hospital shall collect from each person presenting at the hospital for testing or treatment related to the coronavirus disease 2019 information concerning the patient's sexual orientation and, if the patient's gender assigned at birth differs from the patient's gender identity, information concerning both the gender assigned at birth and the gender identity as well as any specific non-binary gender indicated by the person. To the extent that a hospital reported demographic data pursuant to this subsection prior to the effective date of P.L. , c. (pending before the Legislature as this bill) that did not include data concerning non-binary gender identities, disparities in gender assigned at birth and gender identity, or sexual orientation, the hospital shall provide updated data for that period that includes, to the extent available, data on non-binary gender identities, disparities in gender assigned at birth and gender identity, and sexual orientation. The commissioner shall compile the reported Statewide data by county and municipality. b. The Department of Health shall publish on its Internet website the demographic data received pursuant to subsection a. of this section. The department shall update its Internet website on a daily basis by publishing the latest demographic data received by the Commissioner of Health until the end of the State's declared public health emergency related to the coronavirus disease 2019. c. The Commissioner of Health shall prepare and submit a report compiling the data reported pursuant to this section to the Governor and to the Legislature, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1). (cf: P.L.2020, c.28, s.1) 2. This act shall take effect immediately and shall expire as provided in section 2 of P.L.2020, c.28. STATEMENT This bill revises the demographic data that hospitals are required to report in connection with the coronavirus disease 2019 (COVID-19) pandemic pursuant to P.L.2020, c.28. Specifically, the bill requires that hospitals collect information from all persons presenting at the hospital for testing or treatment related to COVID-19 concerning the person's sexual orientation and, if the person's gender assigned at birth differs from the person's gender identity, information concerning both the gender assigned at birth and the gender identity, as well as any specific non-binary gender indicated by the person. This information is to be included in the demographic data reported under P.L.2020, c.28. Hospitals that reported demographic data under P.L.2020, c.28 prior to the effective date of this bill that did not include data on non-binary gender identities, disparities in gender assigned at birth and gender identity, or sexual orientation, will be required to submit updated data that includes that information, to the extent that it is available.