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Can I use third-party collaboration tools that collect personal information in New Jersey? What are the requirements?
Yes, you can use third-party collaboration tools that collect personal information in New Jersey, but you must comply with certain requirements.
To operate as a third-party administrator in New Jersey, you must obtain licensure or registration from the Commissioner of the Department of Banking and Insurance [2.2]. The application for licensure or registration must be made on a form prescribed by the Commissioner, which can be found on the Department’s website [2.1]. The application must include various information, such as a copy of the applicant’s basic organizational documents, executed bylaws, rules and regulations, biographical affidavits, financial statements, and a business plan [2.1].
If the third-party administrator accepts monies from benefits payers on behalf of clients, the application must include a copy of the applicant’s most recent financial statement audited by an independent certified public accountant [5.1].
Additionally, if you prepare a client record maintained solely on a personal or other computer, you must use a write-protected program that contains an internal permanently activated date and time recordation for all entries, automatically prepares a back-up copy of the file, and is designed in such a manner that, after the licensee “signs” by means of a confidential personal code (“CPC”), the entry cannot be changed in any manner [3.1].
It is important to note that these requirements apply specifically to third-party administrators subject to licensure or registration in New Jersey. If you have any further questions or concerns, it is recommended that you consult with a legal professional.
Source(s):
- [2.1] Application filing requirements for licensure or registration of third-party administrators
- [2.2] License or registration required
- [3.1] Use of personal or other computer to prepare client records
- [5.1] Application filing requirements
Jurisdiction
New Jersey