This letter transmits changes with the proposed effective date of April 1, 2003. If there are any changes made to the rules contained in this CAMTL during the JCARR review period, corrected rules will be sent out in the next CAMTL.

Former rule 5101:1-1-03 is being rescinded and is being replaced by new rule 5101:1-1-03. The federal Health Insurance Portability and Accountability Act privacy regulations (HIPAA) have a mandated effective date of April 14, 2003. It has been determined that the medical portion of the Disability Assistance program (DA), including eligibility information for that program, is subject to HIPAA. A portion of this rule has been modified to effectuate compliance with HIPAA. The format of the new rule has also been changed to be consistent with the other rules contained in the Cash Assistance Manual.

The major changes to the rule for HIPAA compliance are contained in paragraphs (B)(3)(d) to (B)(3)(d)(vii) which include elements from the HIPAA regulations that must be contained in any contract that allows the sharing of DA information, subject to HIPAA, with the contractor.

Other changes, as a result of the rule review, include the deletion of former paragraph (B)(2) which provided reference to access to nursing home records, as this reference is not relevant to OWF, DA or PRC benefits or recipients of the programs

Also, former paragraph (C)(3) was deleted. This former provision provided that, upon a request from a public assistance recipient, ODJFS or the CDJFS were required to inform the individual of all uses of personal data, all representatives of outside agencies having access to the data, and all organizations who have obtained any data about that individual. This provision is deleted because it is not required by Ohio law. Additionally, it imposed significant record-keeping requirements on the CDJFS which are not required by law.

The proposed effective date of the rescission of former rule 5101:1-1-03 and the adoption of new rule 5101:1-1-03 is April 1, 2003.

Instructions: