Ohio Admin. Code 3701-8-08 - Rights and privacy practices
(A) Program participants have the following
rights from the time of program referral throughout participation in home
visiting services:
(1) To be informed of
rights in the participant's native language, unless clearly not feasible to do
so;
(2) To be fully informed of all
information relevant to the activity for which written consent is sought before
any service begins, to include:
(a) The
administration of any assessment or screening tool;
(b) Any disclosure of service, permission,
activities, or records to any requesting entity.
(3) To participate or decline to participate
in home visiting services at any time and to be informed of how refusal to
consent will affect the ability to receive services in the program;
(4) To revoke previously provided consents at
any time;
(5) To request to review
or receive a copy of the participant's record at any time during program
participation and until six years past the date of receipt of payment and to
either review the record or receive a copy of the record within ten
days;
(6) To receive one electronic
or paper copy of each completed family goal plan within ten days of
request;
(7) To be fully informed
of requests for personally identifiable information, to include purpose and
time period of request; and to provide consent, before personally identifiable
information would be shared, unless such disclosure is authorized under state
and federal law;
(8) To file a
complaint with the provider and with the department about program services in
accordance with paragraph (B) of this rule.
(B) Providers shall provide printed materials
and verbal communication informing every program participant how to file a
complaint about the home visiting program, in accordance with this
chapter.
(C) When a home visiting
program participant files a complaint, the complaint must include the following
to be sufficient:
(1) The name, address, and
contact information of the program participant who is making the
complaint;
(2) Complaint must be in
writing and be signed by program participant;
(3) A statement describing how the department
or home visiting provider has not met service expectations, or has violated a
requirement of this rule;
(4) The
facts on which the statement is based;
(5) The name of the home visitor and home
visiting provider agency serving program participant at time of
complaint;
(6) Complaint(s) must be
submitted to the director within a period not to exceed sixty days from the
date of the allegation.
(D) When the department receives a sufficient
complaint as set forth in paragraph (C) of this rule, the department shall
contact the caregiver and explain the options available for dispute resolution.
The department shall investigate the complaint at no cost to the program
participant. The investigation and a written decision shall be completed by the
department within sixty days of receipt of a sufficient complaint.
(E) Providers shall ensure that program
participants are informed, in writing, of their rights before consent to
participate is sought and at least annually thereafter for the duration of
program participation.
(F)
Providers shall ensure that program participants provide written consent in
every applicable instance related to their services as required in paragraph
(A) of this rule.
(G) Except when
authorized by state or federal law, providers shall ensure that prior to
releasing personally identifiable information to any individual or entity, that
written consent is obtained utilizing a form approved by the director, which
shall include:
(1) The individual, and when
applicable, agency, to whom information will be given;
(2) The type of information that will be
given;
(3) The intended purpose for
sharing the information;
(4) An
expiration date of the consent not to exceed one year; and
(5) A signature and date the form was
signed.
Notes
Promulgated Under: 119.03
Statutory Authority: 3701.61
Rule Amplifies: 3701.61
Prior Effective Dates: 08/08/2005, 07/16/2010, 09/03/2012, 09/05/2013, 07/01/2018
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