(A)To the extent not covered by Chapter 4141-16 of the
Administrative Code, Confidentialconfidential wage, claim, employer and/or employment
and training information furnished to or maintained by the director of the
department of job and family services pursuant to Chapter 4141. of the Revised
Code may be disclosed or exchanged at the sole discretion
of ODJFS, and only pursuant to a signed written agreement with county
departments of job and family services, state and county child support
enforcement agencies, and governmental agencies administering employment and
training and public assistance programs to:
(1)Assist in
determining eligibility for benefits and/or services provided by programs
administered or funded by the Ohio department of job and family services;
(2)Detect fraud
and abuse;
(3)Assist in
securing child support;
(4)Verify information
on the new hire data base;
(5)Support
research and provide information for use in improving employment and training
services provided under programs funded by the Ohio department of job and
family services; or
(6)Comply with
state and federal reporting requirements.
(B)Information
referenced in paragraph (A) of this rule may also be disclosed or exchanged
with civil and criminal prosecuting authorities with
subpoena authority for use in the discharge of their official public
duties.
(C)For the purposes
of this rule, civil and criminal prosecuting authorities include:
(1)The Ohio
attorney general;
(2)Ohio county
prosecuting attorneys;
(3)Prosecuting
attorneys for Ohio municipalities or other Ohio political subdivisions; and
(4)The United
States attorney.
(D)Except as
provided in paragraph (I) of this rule, any disclosure of confidential wage,
claim, employer and/or employment and training information under this rule will
be made subject to the following conditions:
(1)The
information shall not be used for any purpose not specifically authorized or
permitted by state and federal law;
(2)The
information shall be stored in a place physically secure from access by
unauthorized persons;
(3)Information in
any electronic format shall be stored, transmitted and processed in such a way
that unauthorized persons cannot retrieve the information by means of computer,
remote terminal, or other means;
(4)Any entity
receiving the information shall instruct all personnel with access to the
information regarding the confidential nature of the information, the
confidentiality requirements of state and federal statutes and regulations, and
the sanctions against unauthorized disclosure of information; and
(5)The entity
receiving the information shall permit the department of job and family
services to make on-site inspections to ensure that the requirements of state
and federal law are being met.
(E)A contractor,
grantee, or other federal, state or local entity, other than those listed in
paragraphs (A) and (B) of this rule, performing administrative or other duties
on behalf of the director of the department of job and family services or a
county department of job and family services may be provided wage, claim,
employer and/or employment and training information under this rule when needed
for completion of the administrative or other duties if the following
confidentiality and security requirements are met:
(1)There must be
a signed written agreement with the contractor, grantee, or entity that establishes
the purpose and scope of duties to be performed for the department of job and
family services or the county department of job and family services;
(2)The agreement
shall contain language that the contractor, grantee, or entity may not use the
information received pursuant to the agreement for purposes other than those
set out in the written agreement; and
(3)The agreement
shall include language that establishes that the contractor, grantee, or entity
is bound by the rules of the department of job and family services, and that
disclosure of the information by the contractor, grantee, or entity in a manner
not authorized by the department of job and family services is a breach of the
contract and a violation of sections 4141.21 and 4141.99 of the Revised Code.
(F)The director
shall prescribe any additional conditions under which disclosure or exchange of
information under this rule may be made and may require the reimbursement of
costs of disclosure where such costs are not de minimis.
(G)For the purposes
of this rule, the terms "wage, claim, employer and/or employment and
training information" have the same meaning as provided in rule 4141-43-01
of the Administrative Code.
(H)Notwithstanding
paragraphs (D) and (E) of this rule, the director may disclose information
described in paragraph (A) of this rule to the wage record interchange system,
a public official, contractor, or agent of a public official for the purpose of
administration or evaluation of public assistance or employment and training programs.
Such disclosure shall be subject to the confidentiality and safeguard
requirements of the United States department of labor pursuant to section
303(a) of the Social Security Act, 42 U.S.C. 503(a) (7/2004).
(I)Notwithstanding
paragraphs (D) and (E) of this rule, the director may disclose information
described in paragraph (A) of this rule to a federal agency which the United
States department of labor has determined to have in place safeguards adequate
to satisfy the confidentiality and safeguard requirements of section 303(a)(1)
of the Social Security Act.
Effective: 4/1/2020
Five Year Review (FYR) Dates: 1/14/2020 and 04/01/2025
Certification: CERTIFIED ELECTRONICALLY
Date: 03/20/2020
Promulgated Under: 119.03
Statutory Authority: 4141.13
Rule Amplifies: 4141.13, 4141.21, 4141.43
Prior Effective Dates: 01/15/2001, 01/01/2006, 03/01/2015