Ohio Administrative Code › Title 5101:1 - Division of Public Assistance › Chapter 5101:1-1 - General Provisions › Section 5101:1-1-03 - Disclosure of recipient information, nondiscrimination, and treatment of information received from the internal revenue service and social security administration

Current through all regulations passed and filed through July 1, 2024
(A) What records are confidential?
All information and records concerning a recipient of Ohio works first
	 (OWF) pursuant to Chapter 5107. of the Revised Code, and prevention, retention
	 and contingency (PRC) pursuant to Chapter 5108. of the Revised Code are
	 confidential. No information or records regarding applicants, recipients, or
	 former recipients of any of the programs listed in this paragraph is to be
	 released to anyone except as provided in sections
	 5101.27 and
	 5101.28 of the Revised Code,
	 including an entity administering a program assisting needy individuals with
	 the costs of public utility services or as otherwise delineated in this rule
	 pursuant to section 5101.30 of the Revised
	 Code.
(B) When is
  information allowed to be disclosed?
In accordance with sections
	 5101.27,
	 5101.28 and
	 5101.30 of the Revised Code,
	 recipient information and records for any of the programs identified in
	 paragraph (A) of this rule may be released to the following entities identified
	 in paragraphs (B)(1) to (B)(8) of this rule. However, only the minimum
	 information or records necessary to fulfill the need for the sharing of
	 information shall be released.
(1) A
  provider of services or assistance connected with the programs identified in
  paragraph (A) of this rule. Access to information under this paragraph is
  limited to information that is essential for the provider to render or bill for
  services or assistance. Providers shall not use this information except for the
  purpose described in this paragraph and are subject to penalties established in
  section 5101.99 of the Revised Code for
  unauthorized use of the information.
(2) Any private contractor, grantee, or other
  state or county entity, performing administrative or other duties on behalf of
  the Ohio department of job and family services (ODJFS) or a county agency when
  in compliance with paragraphs (B)(2)(a) to (B)(2)(c) of this rule. Access under
  this paragraph includes but is not limited to exchange of information pursuant
  to section 307.987 of the Revised Code.
  Information is limited only to information needed for completion of the
  administrative or other duties on behalf of ODJFS or the county agency:
(a) There shall be a signed, written
  agreement with the contractor, grantee, or entity, that establishes the purpose
  and scope of duties to be performed for ODJFS or the county agency.
(b) The agreement shall contain language that
  the contractor, grantee, or entity shall not use the information received
  pursuant to the agreement for purposes other than those established in the
  written agreement.
(c) The
  agreement shall include language that establishes that the contractor, grantee,
  or entity is bound by relevant Ohio confidentiality laws and ODJFS rules; and,
  that disclosure of the information by the contractor, grantee, or entity in a
  manner not authorized by the Revised Code or Administrative Code is a breach of
  the contract and subject to penalties set forth in section
  5101.99 of the Revised
  Code.
(3) Any state
  licensing or certification authority while performing its statutory duties of
  conducting or assisting with investigations, prosecution or civil or criminal
  proceedings against medicaid providers, provided that any such licensing or
  certification authority agrees to be bound by the same rules and regulations
  regarding recipient confidentiality that binds ODJFS. To ensure agreement of
  confidentiality, these information requests and responses will be conducted
  solely between the requesting authority and the appropriate office within
  ODJFS.
(4) A county child support
  enforcement agency when requesting relevant information needed to secure child
  support pursuant to rule
  5101:1-3-10 of the
  Administrative Code.
(5) State and
  local offices of women, infants and children, child and family health services,
  and the children with medical handicaps program. The information shared is
  limited to eligibility information for specific individuals or assistance
  groups receiving these services.
(6) A public children services agency (PCSA)
  when the county agency is to report known or suspected instances of child abuse
  and neglect of a child receiving OWF, PRC or when the PCSA needs information in
  order to conduct an assessment or investigation of a report of alleged child
  abuse or neglect, as described in rule
  5101:2-33-28 of the
  Administrative Code. Instances of abuse and neglect situations exist when a
  child experiences physical or mental injury, sexual abuse, or exploitation, or
  negligent treatment or maltreatment under circumstances that indicate the
  child's health or welfare is threatened.
(7) To the extent permitted by federal law,
  the ODJFS and county agencies shall provide information, except information
  directly related to the receipt of medical assistance or medical services,
  regarding recipients of public assistance under a program administered by the
  ODJFS or a county agency pursuant to Chapter 5107. or 5108. of the Revised Code
  to law enforcement agencies upon request for the purposes of investigations,
  prosecutions, and criminal and civil proceedings that are within the scope of
  the law enforcement agencies' official duties.
(8) Information about a recipient shall be
  exchanged, obtained, or shared only when the ODJFS, the county agency, or law
  enforcement agency requesting the information gives sufficient information to
  specifically identify the recipient. In addition to the recipient's name,
  identifying information may include the recipient's current or last known
  address, social security number, other identifying number, age, gender,
  physical characteristics, any information specified in an agreement entered
  into under section 5101.28 of the Revised Code, or
  any information considered appropriate by ODJFS or the county
  agency.