Ohio Admin. Code 4765-4-05 - Protected information
(A) The information required to be provided
to the data systems under section
4765.06 of the Revised Code and
this chapter shall be provided and maintained in such a way as to protect
against revealing the identity of the recipient of EMS care or trauma care. Any
person handling information received for the data systems has a fiduciary duty
to maintain the confidentiality of such information and shall sign and adhere
to a contract with the department of public safety, division of EMS, regarding
the confidentiality of such information. If such person violates this fiduciary
duty or violates any terms of the contract, the department of public safety,
division of EMS, may terminate such person and employ any other remedies, legal
or equitable, available to it. Emergency medical service organizations, health
care facilities and other providers shall be identified in the data systems by
a code or similar designation other than name.
(B) Information that identifies or would tend
to identify a specific EMS casualty or a specific recipient of EMS care or
trauma care shall include, but not be limited to, the recipient's social
security number, medical record number, EMS incident number and name.
(1) No records provided in response to a
public records request shall contain any information that identifies or would
tend to identify a specific EMS casualty or a specific recipient of EMS care or
trauma care.
(2) No records shall
be provided in response to a public records request if the request asks for
information sorted by, or if the request contains, information that identifies
or would tend to identify a specific EMS casualty or a specific recipient of
EMS care or trauma care.
(3) Prior
to the implementation of risk adjustment standards and procedures, no records
shall be provided in response to a public records request if the request asks
for information sorted by, or if the request contains, information that
identifies or would tend to identify a specific provider of EMS care or trauma
care. After risk adjustment standards and procedures are implemented, such
records may be made public, but only on a risk adjusted basis.
Replaces: Part of former 4765-4-07, 4765-13-10
Notes
Promulgated Under: 119.03
Statutory Authority: 4765.06, 4765.11
Rule Amplifies: 4765.06
Prior Effective Dates: 04/28/2002, 05/29/2003, 12/27/2007
Promulgated Under: 119.03
Statutory Authority: 4765.06, 4765.11
Rule Amplifies: 4765.06
Prior Effective Dates: 04/28/2002, 05/29/2003, 12/27/2007
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