Lawriter - OAC - 5160:1-2-05 Medicaid: notice of privacy practices.

5160:1-2-05 Medicaid: notice of privacy practices.

(A) The Health Insurance Portability and Accountability Act of 1996 (HIPAA) is a federal law requiring the administrative agency to issue a notice of privacy practices.

(B) The administrative agency shall:

(1) Ensure appropriate safeguards are taken in accordance with rule 5160-1-32 of the Administrative Code.

(2) Issue all individuals eligible through the medical assistance programs a notice of privacy practices, as described in 45 C.F.R. 164.520 (as in effect October 1, 2016), outlining the following descriptions of uses and disclosures, and procedures:

(a) A description of the types of uses and disclosures of protected health information (PHI) the administrative agency is permitted with examples for each of the following purposes:

(i) Payment;

(ii) Treatment; and

(iii) Healthcare operations.

(b) A description of the uses and disclosures permitted without the individual's written consent or authorization;

(c) A statement that other uses and disclosures will be made only with the individual's written authorization;

(d) Complaint procedure;

(e) Request for restriction procedure;

(f) Request for amendment procedure;

(g) Request for accounting procedure; and

(h) A name, or title, and telephone number of a person to contact for further information.

Replaces: 5160:1-1- 51.3

Effective: 1/1/2017
Five Year Review (FYR) Dates: 01/01/2022
Promulgated Under: 111.15
Statutory Authority: 5162.031, 5163.02
Rule Amplifies: 5162.031, 5163.02
Prior Effective Dates: 10/1/98, 10/6/03, 11/1/09, 01/01/14