Reproductive Health Care Information Shield (patient information disclosure limits)
NJ Reproductive Health Shield Law
Health · Government records
New Jersey's 2022 shield law bars HIPAA covered entities from disclosing patients' communications and examination findings about lawful reproductive health care in civil, probate, legislative, or administrative proceedings without the patient's explicit written consent, and requires providers to tell patients they may withhold that consent. It also bars state entities from helping out-of-state investigations into care that is legal in New Jersey. An August 2026 amendment extends these protections to gender-affirming care.
- Where
- New Jersey
- Citation
- N.J.S.A. 2A:84A-22.18 to 2A:84A-22.19; P.L.2022, c.51; amended by S2260/A2218 (2026) (chapter number not yet posted)
- Status
- In force
- In force since
- 2022-07-01
- Last amended
- 2026-08-20
- Enforced by
- Courts and agencies applying the evidentiary privilege; Attorney General and prosecutors for related 2026 provisions
- People can sue
- No
- Penalties
- The disclosure limit operates as a privilege/prohibition in proceedings rather than through a stated civil penalty in 2A:84A-22.18. The 2026 amendment adds separate crimes and civil actions for interfering with access to care, which are not privacy provisions.
- Applies to
- HIPAA covered entities (health care providers, health plans, clearinghouses) asked to disclose patient reproductive health information in civil, probate, legislative, or administrative proceedings (2A:84A-22.18(a))
- New Jersey public entities and their officials, for cooperation with out-of-state investigations (2A:84A-22.19)
- Since the August 20, 2026 amendment, protected 'reproductive health care activity' expressly includes gender-affirming care (per the Governor's release and A2218 2R)
What a privacy notice must say
- Inform the patient of the right to withhold written consent to such disclosure at or before the time care is provided, or when the patient discloses information about earlier care.N.J.S.A. 2A:84A-22.18(a)
Practices it requires
- In civil, probate, legislative, or administrative proceedings, do not disclose patient communications or examination information about lawful reproductive health care without the patient's (or representative's) explicit written consent, subject to listed exceptions such as State law or court rules and defense of claims against the provider.N.J.S.A. 2A:84A-22.18(a)-(b)
- State and local public entities may not provide information or resources to out-of-state investigations or proceedings seeking to penalize reproductive health care that is legal in New Jersey, unless required by a valid court order or law.N.J.S.A. 2A:84A-22.19
Sources
- Official text
- P.L.2022, c.51, chapter law text (New Jersey Legislature)
- A2218 (2R ACS, 2026) amending 2A:84A-22.18 and -22.19 (New Jersey Legislature)
- Governor Sherrill signs S2260/A2218 (Office of the Governor, August 20, 2026)
- N.J.S.A. 2A:84A-22.19, current text (NJ Legislature statutes database)
Checked against these sources on 2026-09-25 by research agent (Claude), primary sources.
Unverified: The enacted version of S2260/A2218 and its P.L.2026 chapter number were not yet posted; the 2R Assembly text was reviewed. The amendment reportedly took effect immediately (s.14 of A2218 2R). | The statutes database had not yet been updated with the 2026 amendment when checked.
Research reference, not legal advice.