(A) Health information
(1) By applying for and accepting coverage in the health care program each participating benefit recipient, on behalf of herself or himself and each of his or her dependents covered under the health care program, acknowledges and agrees that the health care program may use or disclose all individually identifiable health information (as defined at 45 C.F.R. 160.103 (2000), as amended) pertaining to such participating benefit recipient, or dependent in the health care program for the payment (as defined at 45 C.F.R. 164.501 ) and health care operations (as defined at 45 C.F.R. 164.501 ) purposes of the health care program and otherwise use or disclose such individually identifiable health information as permitted by and under the Standards for Privacy of Individually Identifiable Health Information, 45 C.F.R. 160 and 164.
(2) The health care program, acting through the retirement board, shall require each person and/or organization who as to the health care program constitutes a business associate (as defined at 45 C.F.R. 160.103 ) of the health care program to maintain the confidentiality of individually identifiable health information that it creates, maintains or receives on behalf of or from the health care program and to enter into a written agreement with the health care program which meets that standard for business associate contracts as specified at 45 C.F.R. 164.504(e). Individually identifiable health information that meets the requirements for identification of health information, as specified in 45 C.F.R. 164 may be used without limitation by the health care program and shall be and shall remain the property of the retirement system.
Notice, as required by any provision of this rule, shall be deemed sufficient, if notice is communicated by regular United States postal service to the benefit recipient's last known address as maintained in the retirement system's records.
Replaces: 3307:1-11-07; 3307:1-11-08
Five Year Review (FYR) Dates: 06/10/2021
Promulgated Under: 111.15
Statutory Authority: 3307.04
Rule Amplifies: 3307.39, 3307.391
Prior Effective Dates: 12/23/76, 11/28/77, 3/17/89 (Emer.), 6/1/89, 9/23/91 (Emer.), 5/28/92, 6/22/92 (Emer.), 9/10/92, 2/13/93, 9/1/96, 7/3/97, 9/16/98 (Emer.), 11/27/98, 5/25/00, 7/1/01 (Emer.), 9/17/01, 9/17/02, 7/1/06, 6/6/11