Ohio Administrative Code › Title 5160 - Ohio Department of Medicaid › Chapter 5160-1 - General Provisions › Section 5160-1-04 - Employee access to confidential personal information

Current through all regulations passed and filed through July 1, 2024
(A)
								 Definitions.
For the purposes of rules promulgated
				by this agency in accordance with section
				1347.15 of the Revised Code
				effective April 9, 2009, the following definitions apply:
(1)
									"Access" as a
			 noun means an instance of copying, viewing, or otherwise perceiving; whereas,
			 "access" as a verb means to copy, view, or otherwise perceive.
(2)
									"Acquisition of a
			 new computer system" means the purchase of a "computer system," as defined in
			 this rule, that is not a computer system currently in place nor one for which
			 the acquisition process has been initiated as of April 7, 2009.
(3)
									"Confidential
			 personal information" (CPI) has the meaning as defined by division (A)(1) of
			 section 1347.15 of the Revised Code. The
			 appendix to this rule identifies, in accordance with division (B)(3) of section
			 1347.15 of the Revised Code, the
			 federal statutes and regulations and state statutes and administrative rules
			 that make personal information maintained by the agency
			 confidential.
(4)
									"Employee of the state agency" means each employee of a
			 state agency regardless of whether he or she holds an elected or appointed
			 office or position within the state agency. "Employee of the state agency" is
			 limited to the specific employing state agency.
(5)
									"Incidental
			 contact" means contact with the information that is secondary or tangential to
			 the primary purpose of the activity that resulted in the
			 contact.
(6)
									"Individual" means a natural person and in the context
			 used in division (C)(1)(b) of section
			 1347.15 of the Revised Code, and
			 paragraph (E)(4)(b)(iv) of this rule, means the subject of the confidential
			 personal information or the subject of the confidential personal information's
			 authorized representative, legal counsel, legal custodian or legal guardian,
			 and anyone as otherwise permitted under state or federal law acting on behalf
			 of, or in furtherance of, the interests of the subject of the confidential
			 personal information. "Individual" does not include an opposing party in
			 litigation, or the opposing party's legal counsel, or an investigator, auditor
			 or any other party who is not acting on behalf of, or in furtherance of the
			 interests of, the subject of the confidential personal information, even if
			 such individual has obtained a signed release from the subject of the
			 confidential personal information.
(7)
									"Information
			 owner" means the individual appointed in accordance with division (A) of
			 section 1347.05 of the Revised Code to
			 be directly responsible for a system.
(8)
									"Interconnection
			 of Systems" Refers to a linking of systems that belong to more than one agency,
			 or to an agency, and other organization , which linking of systems results in a
			 system that permits each agency or organization involved in the linking to have
			 unrestricted access to the systems of the other agencies and
			 organizations.
(9)
									"Person" means a natural person.
(10)
									"Personal
			 information" has the same meaning as defined in division (E) of section
			 1347.01 of the Revised
			 Code.
(11)
									"Personal information system" means a "system" that
			 "maintains" "personal information" as those terms are defined in section
			 1347.01 of the Revised Code.
			 "System" includes manual and computer systems.
(12)
									"Research" means
			 a methodical investigation into a subject.
(13)
									"Routine" means
			 commonplace, regular, habitual, or ordinary.
(14)
									"Routine
			 information that is maintained for the purpose of internal office
			 administration, the use of which would not adversely affect a person" as that
			 phrase is used in division (F) of section
			 1347.01 of the Revised Code
			 means personal information relating to employees and maintained by the agency
			 for internal administrative and human resource purposes.
(15)
									"System or
			 Information System" As defined in section
			 1347.01 of the Revised Code,
			 "system" means any collection or group of related records that are kept in an
			 organized manner and that are maintained by a state or local agency, and from
			 which personal information is retrieved using the person's name or by an
			 identifying number, symbol, or other identifier assigned to the person.
			 "System" includes both records that are manually stored and records that are
			 stored using electronic data processing equipment.
(16)
									"Upgrade" means
			 a substantial redesign of an existing computer system for the purpose of
			 providing a substantial amount of new application functionality, or application
			 modifications that would involve substantial administrative or fiscal resources
			 to implement, but would not include maintenance, minor updates and patches, or
			 modifications that entail a limited addition of functionality due to changes in
			 business or legal requirements.