173-13-04 Confidentiality statutes and regulations.

The following state statutes and administrative rules and federal statutes and regualtions make personal information maintained by ODA confidential:

Section 149.43 of the Revised Code for the general statute on public records.

Section 173.061 of the Revised Code for records that identify recipients of golden buckeye cards.

Section 173.22 of the Revised Code; and 42 U.S.C. 3027(a)(12)(C), 42 U.S.C. 3058g(a)(5)(D), 42 U .S.C. 3058d(a)(6)(C), 42 U.S.C. 3058g(d), and 42 U.S.C. 3058i(e)(2), each as reviewed on March 30, 2015; 42 C.F.R. 1321.11 (October 1, 2014 edition), for the collection, compilation, analysis, and dissemination of information by the office of the state long-term care ombudsman program.

Sections 173.27, 173.38, and 173.381 of the Revised Code for criminal records.

Division (B) of section 173.393 of the Revised Code for records obtained while monitoring certified providers.

Division (H) of section 1347.15 of the Revised Code for records in personal information systems, generally.

Chapter 3798 of the Revised Code and 42 U.S.C. 1320d et. seq.; 45 C.F.R. 160, 162, and 164 (October 1, 2014 edition) for individually-identifiable health information (HIPAA).

42 U.S.C. 1396a(a)(7), as reviewed on March 30, 2015; 42 C.F.R. 431.300 to 431.307 (October 1, 2014 edition); and rule 5160:1-1-51.1 of the Administrative Code for information on Medicaid applicants and recipients.

42 C.F.R. 460.112(f) (October 1, 2014 edition) for individually identifiable health information of participants who are enrolled in PACE.

45 C.F.R. 1321.51 (October 1, 2014 edition) for identifying information on older persons collected in the conduct of the state's responsibilities under the Older Americans Act, generally.

Replaces: 173-13-04

Effective: 7/1/2015
Five Year Review (FYR) Dates: 07/01/2020
Promulgated Under: 119.03
Statutory Authority: 173.01, 173.02, 1347.15
Rule Amplifies: 1347.15
Prior Effective Dates: 08/30/2010, 12/19/2013