(A) A covered entity shall be subject to the following conditions when it discloses protected health information to a health information exchange:

Terms Used In Ohio Code 3798.07

  • Health information exchange: means any person or governmental entity that provides in this state a technical infrastructure to connect computer systems or other electronic devices used by covered entities to facilitate the secure transmission of health information. See Ohio Code 3798.01
  • Minor: means an unemancipated person under eighteen years of age or a mentally or physically disabled person under twenty-one years of age who meets criteria specified in rules adopted by the medicaid director under section 3798. See Ohio Code 3798.01
  • Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
  • Personal representative: means a person who has authority under applicable law to make decisions related to health care on behalf of an adult or emancipated minor, or the parent, legal guardian, or other person acting in loco parentis who is authorized under law to make health care decisions on behalf of an unemancipated minor. See Ohio Code 3798.01
  • Political subdivision: means a municipal corporation, township, county, school district, or other body corporate and politic responsible for governmental activities in a geographic area smaller than that of the state. See Ohio Code 3798.01
  • Rule: includes regulation. See Ohio Code 1.59
  • state: means the state of Ohio. See Ohio Code 1.59
  • State agency: means any one or more of the following:

    (1) The department of administrative services;

    (2) The department of aging;

    (3) The department of mental health and addiction services;

    (4) The department of developmental disabilities;

    (5) The department of education and workforce;

    (6) The department of health;

    (7) The department of insurance;

    (8) The department of job and family services;

    (9) The department of medicaid;

    (10) The department of rehabilitation and correction;

    (11) The department of youth services;

    (12) The bureau of workers' compensation;

    (13) The opportunities for Ohioans with disabilities agency;

    (14) The office of the attorney general;

    (15) A health care licensing board created under Title XLVII of the Revised Code that possesses individually identifiable health information. See Ohio Code 3798.01

(1) The covered entity shall restrict disclosure consistent with all applicable federal laws governing the disclosure.

(2) If the protected health information concerns a minor, the covered entity shall restrict disclosure in a manner that complies with laws of this state pertaining to the circumstances under which a minor may consent to the minor’s own receipt of health care or make medical decisions on the minor’s own behalf, including sections 2907.29, 3709.241, 3719.012, 5120.172, 5122.04, and 5126.043 of the Revised Code unless the minor authorizes the disclosure.

(3) The covered entity shall restrict disclosure in a manner that is consistent with a written request from the individual or the individual’s personal representative to restrict disclosure of all of the individual’s protected health information.

(B) The conditions in division (A) of this section on a covered entity’s disclosure of protected health information to a health information exchange do not render unenforceable or restrict in any manner any of the following:

(1) A provision of the Revised Code that on September 10, 2012, requires a person or governmental entity to disclose protected health information to a state agency, political subdivision, or other governmental entity;

(2) The confidential status of proceedings and records within the scope of a peer review committee of a health care entity as described in section 2305.252 of the Revised Code;

(3) The confidential status of quality assurance program activities and quality assurance records as described in section 5122.32 of the Revised Code;

(4) The testimonial privilege established by division (B) of section 2317.02 of the Revised Code;

(5) Any of the following items that govern the confidentiality, privacy, security, or privileged status of protected health information in the possession or custody of an agency as defined in section 111.15 of the Revised Code; govern the process for obtaining from a patient consent to the provision of health care or consent for participation in medical or other scientific research; govern the process for determining whether an adult has a physical or mental impairment or an adult’s capacity to make health care decisions for purposes of Chapter 5126 of the Revised Code; or govern the process for determining whether a minor has been emancipated:

(a) A section of the Revised Code that is not in this chapter;

(b) A rule as defined in section 119.01 of the Revised Code;

(c) An internal management rule as defined in section 111.15 of the Revised Code;

(d) Guidance issued by an agency as defined in section 111.15 of the Revised Code;

(e) Orders or regulations of a board of health of a city health district made under section 3709.20 of the Revised Code;

(f) Orders or regulations of a board of health of a general health district made under section 3709.21 of the Revised Code;

(g) An ordinance or resolution adopted by a political subdivision;

(h) A professional code of ethics;

(i) When a minor is authorized to consent to the minor’s own receipt of health care or make medical decisions on the minor’s own behalf, including the circumstances described in sections 2907.29, 3709.241, 3719.012, 5120.172, 5122.04, and 5126.043 of the Revised Code.

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