Ohio Admin. Code 4123-10-04 - Confidentiality statutes

The following federal statutes or regulations or state statutes and administrative rules make personal information maintained by the bureau confidential and identify the confidential personal information within the scope of rules promulgated by the bureau in accordance with section 1347.15 of the Revised Code:

(A) Social security numbers, unless the individual was told that the number would be disclosed. See 5 U.S.C. 552a.

(B) Bureau of criminal investigation and information criminal records check results. See section 4776.04 of the Revised Code.

(C) Any information in respect of any claim. Division (A) of section 4123.88 of the Revised Code provides that no employee of the bureau "shall divulge any information in respect of any claim or appeal which is or may be filed with a district or staff hearing officer, the bureau, or commission to any person other than members of the commission or to the superior of the employee except upon authorization of the administrator of workers' compensation or a member of the commission or upon authorization of the claimant or employer."

(D) Addresses and telephone numbers cannot be divulged without authorization. See division (B) of section 4123.88 of the Revised Code.

(E) Employer and third party information, annual payroll report, and child support / public assistance information. See section 4123.27 of the Revised Code.

(1) Information submitted by the employer in the annual employer statement payroll report (payroll, premium and number of employees) and any other additional required information shall not be open to the public.

(2) No person in the employ of the bureau, except those who are authorized by the administrator of workers' compensation, shall divulge any information secured by the person while in the employ of the bureau in respect to the transactions, property, claim files, records, or papers of the bureau or in respect to the business or mechanical, chemical, or other industrial process of any company, firm, corporation, person, association, partnership, or public utility to any person other than the administrator or to the superior of such employee of the bureau.

(3) The bureau can share information with the Ohio department of job and family services or with the auditor of state but will otherwise protect confidentiality of child support or public assistance recipients.

(F) Peer review committee proceedings and records for the bureau's disability evaluators' panel and provider certification. All "proceedings and records within the scope of a peer review committee of a health care entity." See division (E)(2)(j) of section 2305.25 of the Revised Code and section 2305.252 of the Revised Code.

(G) Governmental records that are exempt from disclosure under the public records act. See section 149.43 of the Revised Code.

(H) Investment information provided by a bureau approved investment manager. See division (B)(2) of section 4123.444 of the Revised Code.

Notes

Ohio Admin. Code 4123-10-04

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: 149.43, 2305.25, 2305.252, 1347.15, 4123.88, 4123.27, 4123.444, 5 U.S.C. 552a.
Prior Effective Dates: 06/30/2011, 01/09/2015, 10/13/2016

Effective: 10/13/2016
Five Year Review (FYR) Dates: 07/28/2016 and 09/01/2021
Promulgated Under: 119.03
Statutory Authority: 1347.15, 4121.12, 4121.121
Rule Amplifies: 149.43, 2305.25, 2305.252, 1347.15, 4123.88, 4123.27, 4123.444, 5 U.S.C. 552a.
Prior Effective Dates: 6/30/11, 1/9/15