4. a. To the extent not otherwise inconsistent with State and federal laws and only upon written request of the chair of a local overdose fatality review team and as necessary to carry out the official functions of the local team and the provisions of this act, the entities listed in subsection b. of this section may provide a local team with the following information:

(1) any relevant information and records maintained by a health care provider related to an individual’s physical health, mental health, and substance use disorder treatment; and

(2) any relevant information and records maintained by a State or local government agency, including criminal history records and records of probation and parole if the transmission of such records does not imperil ongoing investigations, medical examiner records, social service records, and school records and educational histories.

b. The following individuals and entities may disclose, within a reasonable period of time following a request, medical records and information requested pursuant to subsection a. of this section:

(1) county medical examiners;

(2) paid fire departments or volunteer fire companies;

(3) hospitals and health systems;

(4) law enforcement agencies;

(5) State and local government agencies;

(6) mental health providers;

(7) health care practitioners;

(8) substance use disorder treatment programs and providers;

(9) public and private schools and institutions of higher education;

(10) emergency medical services providers;

(11) social services agencies and providers; and

(12) the Prescription Monitoring Program.

c. An individual or entity subject to a request for information or records by a local overdose fatality review team pursuant to this section may charge the local team a reasonable fee for the service of duplicating any records.

d. (1) The chair of a local overdose fatality review team, or the chair’s designee, may request individuals authorized under 42 C.F.R. part 2 to provide consent for the release of confidential information protected pursuant to 42 U.S.C. § 290dd-2 and 42 C.F.R. part 2.

(2) To the extent not otherwise inconsistent with State and federal laws, and as necessary to carry out the official functions of the local team and the provisions of this act, other individuals and entities identified by a local overdose fatality review team as having relevant data for a confidential case report may also provide a local team with relevant information in their possession that may contain personally identifiable information.

e. A local overdose fatality review team shall develop a confidentiality policy and form establishing: the requirements for maintaining the confidentiality of any information disclosed during a meeting, during review, or at any other time; the responsibilities concerning those requirements; and any penalties associated with failure to maintain such confidentiality. Such requirements shall be in accordance with all applicable State and federal laws and any best practices identified by the Department of Health. An individual shall review the confidentiality policy and form, purpose, and goals of the local team prior to participating in any review. All necessary and reasonable measures shall be taken to prevent the disclosure of a decedent‘s name or initials at any team meeting.

f. Information received pursuant to this act may be shared with local team members at a meeting of the local team, provided that each individual present, including staff, has signed and abides by the provisions of the confidentiality policy and form developed pursuant to subsection e. of this section. Such information may be shared with any non-member attendees who meet the criteria of subsection b. of section 2 of this act and whose attendance is approved in accordance with this act, provided that such attendees also sign and abide by the provisions of the confidentiality policy and form.

g. (1) Meetings of a local team during which confidential information is discussed shall be closed to the public, except that, upon a majority vote of the local team members present, a local team may request and permit an individual who has information relevant to the exercise of the team’s duties to attend a team meeting, regardless of whether the individual meets the criteria set forth in subsection b. of section 2 of this act or is a permanent member of the local team. Notice concerning the individual’s attendance shall be provided to members of the local team not later than 10 days prior to the meeting at which the individual will be present.

(2) A representative from the Department of Health, as designated by the Deputy Commissioner for Public Health Services, and a representative from the Office of the Chief State Medical Examiner may attend any meeting of a local overdose fatality review team. Notice concerning a representative’s attendance shall be provided to members of the local team not later than 10 days prior to the meeting at which the representative will be present.

h. Meetings of a local overdose fatality review team shall be exempt from the “Senator Byron M. Baer Open Public Meetings Act,” P.L.1975, c.231 (C. 10:4-6 et seq.).

i. A member of the local overdose fatality review team may contact, interview, or obtain information by request from a family member or friend of an individual whose death is being reviewed by the local team.

j. To the extent not otherwise inconsistent with State and federal laws, an entity that provides, in good faith, information or records to a local overdose fatality review team shall not be subject to civil or criminal liability or any professional disciplinary action as a result of providing the information or records.

L.2021, c.430, s.4.