(A) The medicaid director shall prescribe by rules adopted in accordance with Chapter 119 of the Revised Code a standard authorization form for the use and disclosure of protected health information by covered entities in this state. The form shall meet all requirements specified in 45 C.F.R. § 164.508 and, where applicable, 42 C.F.R. part 2.

Terms Used In Ohio Code 3798.10

  • 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
  • state: means the state of Ohio. See Ohio Code 1.59

(B) If a form the medicaid director prescribes under division (A) of this section is properly executed by an individual or the individual’s personal representative, it shall be accepted by any person or governmental entity in this state as valid authorization for the use or disclosure of the individual’s protected health information to the persons or governmental entities specified in the form.

(C) This section does not preclude a person or governmental entity from accepting as valid authorization for the use or disclosure of protected health information a form other than the form prescribed under division (A) of this section if the other form meets all requirements specified in 45 C.F.R. § 164.508 and, if applicable, 42 C.F.R. part 2.