173.90 Prohibiting sale or disclosure of identifying information.

(A) As used in this section, “identifying information” means information that identifies or could be used to identify an Ohio’s best Rx program applicant or participant. “Identifying information” does not include aggregate information about applicants and participants that does not identify and could not be used to identify an individual applicant or participant.

(B) Except as provided in divisions (C), (D), and (E) of this section, no person or government entity shall sell, solicit, disclose, receive, or use identifying information or knowingly permit the use of identifying information.

(C)(1) The department of aging may solicit, disclose, receive, or use identifying information or knowingly permit the use of identifying information for a purpose directly connected to the administration of the Ohio’s best Rx program, including disclosing and knowingly permitting the use of identifying information included in a claim that a participating manufacturer audits pursuant to section 173.82 of the Revised Code, contacting Ohio’s best Rx program applicants or participants regarding participation in the program, and notifying applicants and participants regarding participating terminal distributors and the drug mail order system included in the program pursuant to section 173.78 of the Revised Code.

(2) The department may solicit, disclose, receive, or use identifying information or knowingly permit the use of identifying information to the extent required by federal law.

(3) The department may disclose identifying information to the Ohio’s best Rx program applicant or participant who is the subject of that information or to the parent, spouse, guardian, or custodian of that applicant or participant.

(D)(1) A participating terminal distributor may solicit, disclose, receive, or use identifying information or knowingly permit the use of identifying information to the extent required or permitted by an agreement the distributor enters into under section 173.79 of the Revised Code.

(2) Subject to division (B) of section 173.78 of the Revised Code, the drug mail order system included in the program pursuant to section 173.78 of the Revised Code may solicit, disclose, receive, or use identifying information or knowingly permit the use of identifying information to the extent required or permitted by the department.

(E) A participating manufacturer may, for the purpose of auditing a claim pursuant to section 173.82 of the Revised Code, solicit, receive, and use identifying information included in the claim.

Effective Date: 07-01-2007