APMTL 379 (Audit Functions, Health Insurance Portability and Accountability Act Inquiries, and Retention Periods for Public Assistance Records)
Administrative Procedure Manual Transmittal Letter No. 379
May 15, 2020
TO: Administrative Procedure Manual (APM) Holders
FROM: Kimberly Hall, Director
SUBJECT: Audit Functions, Health Insurance Portability and Accountability Act Inquiries, and Retention Periods for Public Assistance Records

This letter transmits the amendment of Internal Management rules in Chapter 5101:9 of  the Administrative Code as a result of a periodic review.  The following is a brief explanation of each rule and the changes to the rules.

5101:9-9-20 “Treatment of Health Insurance Portability and Accountability Act (HIPAA) inquiries to a county agency.”

This rule describes HIPAA and protected health information.  The rule also outlines the uses, disclosures and procedures a medical assistance recipient may request as well as provide instructions on what the agency shall do when such a request is made. Paragraph (A) has been reworded and several minor edits throughout the rule.

5101:9-9-21.1 “Public assistance records: retention periods.”

This rule provides for a minimum seven-year retention period for active public assistance records.  Paragraph (A)(1) has been reformatted.

5101:9-9-29 “Ohio department of job and family services (ODJFS) audit function.”

This rule defines concepts relevant to and details the parameters of the ODJFS audit function.  The rule also explains the responsibilities of an ODJFS auditee.  Paragraphs (B) and (C) have been reformatted.

INSTRUCTIONS:

The following chart depicts what materials should be removed from the Administrative Procedure Manual (APM) and what material should be inserted in the APM.

Location Remove and File as Obsolete Insert/Replacement
Chapter 9 5101:9‑9‑20 (effective 2/1/15) 5101:9‑9‑20 (effective 5/26/20)
Chapter 9 5101:9‑9‑21.1 (effective 4/18/15) 5101:9‑9‑21.1 (effective 5/26/20)
Chapter 9 5101:9‑9‑29 (effective 2/1/15) 5101:9‑9‑29 (effective 5/26/20)