Ohio Administrative Code › Title 5122 - Department of Mental Health and Addiction Services › Chapter 5122-27 - Minimum Requirements for Integrated Clinical Records › Section 5122-27-06 - Release of information

Current through all regulations passed and filed through July 1, 2024
(A) Each request for information regarding a
			 current or previous client shall be accompanied by an authorization for release
			 of information, except as specified in sections
			 5119.27,
			 5119.28, and
			 5122.31 of the Revised
			 Code.
(B) The authorization for
			 release of information shall include, but not be limited to, the following:
(1) The full name of the client.
(2) Date of birth of the client.
(3) The specific information to be
			 disclosed, and the purpose of the
			 disclosure.
(4) The name of
			 the person or entity disclosing the information.
(5) The name of the person or entity
			 receiving the information.
(6) The
			 date, event, or condition upon which the authorization shall expire.
(7) Statement that the consent is subject to
			 revocation at any time except to the extent the provider or person who is to
			 make the disclosure has already acted in reliance on it.
(8)
									Either a
			 statement that the provider will not condition treatment, payment, enrollment,
			 or eligibility on client's authorization for the release of information, or a
			 statement of the consequences to the client if client refuses to sign an
			 authorization for the release of information.
(9) The dated signature
			 of the client or, as appropriate, a legally authorized agent and the agent's
			 relationship to the client.
(10) For clients
			 receiving addiction services treatment, the either of
			 the following statements:
(a)
										"This information has been disclosed to you from
			 records protected by federal confidentiality rules ( 42 CFR part 2 ). The
			 federal rules prohibit you from making any further disclosure of information in
			 this record that identifies a patient as having or having had a substance use
			 disorder either directly, by reference to publicly available information, or
			 through verification of such identification by another person unless further
			 disclosure is expressly permitted by the written consent of the individual
			 whose information is being disclosed or as otherwise permitted by 42 CFR part
			 2. A general authorization for the release of medical or other information is
			 not sufficient for this purpose (see
			 42 CFR 2.31
			 ). The federal rules restrict any use of the information to investigate or
			 prosecute with regard to a crime any patient with a substance use disorder,
			 except as provided at
			 42
			 CFR 2.12(c)(5) and
			 42
			 CFR 2.65."; or,
(b)
										" 42 CFR part 2
			 prohibits unauthorized disclosure of these records."
(11)
									For records
			 relating to mental health services, information from other providers that is
			 contained in the individual client record may be released from the individual
			 client record with the written authorization provided in accordance with the
			 provisions of this rule. For records relating to addiction services,
			 information from other providers that is contained in the individual client
			 record may be released from the individual client record only if the written
			 authorization provided in accordance with this rule explicitly authorizes both
			 the disclosure of provider's records and the re-disclosure of the other
			 provider's records.