Ohio Admin. Code 4123-10-03

Current through all regulations passed and filed through November 4, 2024

Section 4123-10-03 - Valid reasons for accessing confidential personal information

Pursuant to the requirements of division (B)(2) of section 1347.15 of the Revised Code, this rule contains a list of valid reasons, directly related to the bureau's exercise of its powers or duties, for which only employees of the bureau may access confidential personal information (CPI) regardless of whether the personal information system is a manual system or computer system:

(A) Performing the following functions constitute valid reasons for authorized employees of the bureau to access confidential personal information:

(1) Responding to a public records request;

(2) Responding to a request from an individual for the list of CPI the bureau maintains on that individual;

(3) Administering a constitutional provision or duty;

(4) Administering a statutory provision or duty;

(5) Administering an administrative rule provision or duty;

(6) Complying with any state or federal program requirements;

(7) Processing or payment of claims or otherwise administering a program with individual participants or beneficiaries;

(8) Auditing purposes;

(9) Licensure [or permit, eligibility, filing, etc.] processes;

(10) Investigation or law enforcement purposes;

(11) Administrative hearings;

(12) Litigation, complying with an order of the court, or subpoena;

(13) Human resource matters (e.g., hiring, promotion, demotion, discharge, salary/ compensation issues, leave requests/issues, timekeeping approvals/ issues);

(14) Complying with an executive order or policy;

(15) Complying with a bureau policy or a state administrative policy issued by the department of administrative services, the office of budget and management or other similar state agency; or

(16) Complying with a collective bargaining agreement provision.

(B) To the extent that the general processes described in paragraph (A) of this rule do not cover the following circumstances, for the purpose of carrying out specific duties of the bureau, authorized employees would also have valid reasons for accessing CPI in these following circumstances:

(1) Authorized bureau employees may review CPI of individuals who have applied for workers' compensation benefits as well as CPI regarding amenable employers.

(2) Authorized bureau employees may review CPI of bureau employees and contractors in furtherance of auditing, investigational and legal matters.

(3) Authorized bureau employees may review CPI regarding bureau employee information, investment data and other financial information.

(4) Authorized bureau employees in the IT division may review CPI in furtherance of their official IT duties as defined by their job description.

(5) Authorized bureau employees may review CPI of employers, including professional employer organizations, group sponsors, and third party administrators, to investigate the impacts of workers' compensation strategies, policies, and recommendations.

(6) Authorized bureau employees may review CPI of providers as part of the bureau certification process.

(7) Authorized bureau employees may review CPI of financial and other relevant information concerning MCOs as part of the bureau certification process

Ohio Admin. Code 4123-10-03

Effective: 1/1/2022
Five Year Review (FYR) Dates: 10/8/2021 and 10/01/2026
Promulgated Under: 119.03
Statutory Authority: 1347.15, 4121.12, 4121.121
Rule Amplifies: 1347.15
Prior Effective Dates: 06/30/2011