Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-75 - Accessing Confidential Personal Information › Section 3701-75-04 - Confidentiality statutes

Current through all regulations passed and filed through July 1, 2024
The following federal statutes or regulations or state statutes
				and administrative rules make personal information maintained by the agency
				confidential and identify the confidential personal information within the
				scope of rules promulgated by this agency in accordance with section
				1347.15 of the Revised
				Code:
(A) Certain matters dealing with
			 children with medical handicaps: section
			 3701.028 of the Revised Code.
(B) Child fatality
			 review: section 3701.045 of the Revised Code,
			 rules
			 3701-67-04
			 and
			 3701-67-06
			 of the Administrative Code.
(C) Protected health
			 information: section 3701.17 of the Revised Code.
(D) Information
			 related to testing for the human immunodeficiency virus ("HIV"), acquired
			 immunodeficiency syndrome ("AIDS"), and AIDS-related condition: section
			 3701.243 for the Revised
			 Code.
(E) Identifying quality-of-care data: section
			 3702.18 of the Revised
			 Code.
(F) Information related to an adoption: section
			 3705.12 of the Revised Code and
			 rule
			 3701-5-12
			 of the Administrative Code.
(G) Birth defects
			 information: section 3705.32 of the Revised Code and
			 rule
			 3701-57-04
			 of the Administrative Code.
(H) Information for
			 medical or health use only of a birth record: section
			 3705.23 of the Revised
			 Code.
(I) Criminal record check related to hospice care
			 workers: section 3712.09 of the Revised
			 Code.
(J) The identity of or information that would tend to
			 identify any patient or resident of a home, complainant, or any person who
			 provided information regarding an investigation of a home: section
			 3721.031 of the Revised
			 Code.
(K) Criminal record check related to long-term care
			 workers: section 3721.121 of the Revised
			 Code.
(L) The identity of or information that would tend to
			 identify any complainant, or any person who provided information regarding an
			 investigation of abuse, neglect, or misapropriation in a long-term care or
			 residential care facility: section
			 3721.25 of the Revised
			 Code.
(M) The identity of any person who makes a report of a
			 violation related to an adult care facility: section
			 3722.17 of the Revised
			 Code.
(N) Criminal record check related to an adult care
			 facility worker: section
			 3722.151 of the Revised
			 Code.
(O)
								
			 Criminal background check of a home health agency worker: section
			 3701.881 of the Revised
			 Code.
(P) The name of a complainant concerning any radon
			 tester, mitigation specialist, mitigation contractor, or operator of a radon
			 laboratory or an approved training course: section
			 3723.10 of the Revised
			 Code.
(Q) The name of a complainant concerning a lead
			 inspector, a lead abatement contractor, a lead risk assessor, a lead abatement
			 project designer, a lead abatement worker, a clearance technician, a clinical
			 laboratory, an environmental lead analytical laboratory, or a training course:
			 section 3742.15 of the Revised
			 Code.
(R) Information concerning lead that is reported and
			 are medical records: section
			 3742.03 of the Revised
			 Code.
(S) Information related to the "Help Me Grow" program
			 as subject to the "Family Education Rights and Privacy Act":
			 20 U.S.C.
			 1232g,
			 45
			 C.F.R. part 99, subpart D,
			 20 U.S.C.
			 1400, et. seq., 34 C.F.R. 383.460, rule
			 3701-8-09
			 of the Administrative Code.
(T) Protected health
			 information related to covered functions of the agency related to the "Health
			 Insurance Portability and Accountability Act of 1996" ("HIPAA"):
			 42
			 U.S.C. 1302(a),
			 42
			 U.S.C. 1320d through
			 1320d-8,
			 45 C .F.R. parts 160 and 164.
(U) Applicant,
			 participant, and vendor information related to the "Women, Infants, and
			 Children ("WIC")" and "Farmer's Market" programs:
			 42
			 U.S.C. 1786, et seq.,
			 7 C.F.R.
			 246.26.
(V) Records and
			 documents relating to certifications, recertifications or medical histories of
			 employees or employees' family members created for "Family Medical Leave Act"
			 ("FMLA") purposes:
			 29 CFR
			 825.500.
(W) Information
			 obtained for purposes of the "American with
			 Disabilities Act("ADA"), as amended by ADA Amendments Act of 2008" or of the
			 "Rehabilitation Act of 1973"
								
			 regarding the medical condition or history of an applicant or employee:
			 29 CFR
			 1630.14.
(X) Certain data
			 contained in the "Automated Survey Processing Environment" ("ASPEN") and
			 "Automated Complaint/Incidents Tracking" ("ACTS") system of records for health
			 care facilities certified for medicare or medicaid: 45 CFR Part 5b.
(Y)
			 Information related to universal newborn hearing screening: section
			 3701.509 of Revised Code and
			 rule
			 3701-40-09
			 of the Administrative Code.