Ohio Code 4751.30 – Violation; complaint
(A) Any person may submit to the board of executives of long-term services and supports a complaint that the person reasonably believes that another person has violated, or failed to comply with a requirement of, this chapter or a rule adopted under section 4751.04 of the Revised Code. All of the following apply to complaints submitted to the board under this section:
Terms Used In Ohio Code 4751.30
- Another: when used to designate the owner of property which is the subject of an offense, includes not only natural persons but also every other owner of property. See Ohio Code 1.02
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
- Rule: includes regulation. See Ohio Code 1.59
(1) Complaints and all information and documentation related to an investigation conducted by the board pursuant to a complaint, are confidential and not subject to discovery in any civil action, except that the confidential information may be used by the board in any hearing it conducts pursuant to Chapter 119 of the Revised Code.
(2) Complaints are not public records for purposes of section 149.43 of the Revised Code.
(3) Complaints are not subject to inspection or copying under section 1347.08 of the Revised Code.
(B) Except as provided in division (D) of section 4751.31 of the Revised Code, the board shall protect the confidentiality of each person who submits a complaint to the board under this section. Any entity that receives confidential information shall maintain the confidentiality of the information in the same manner as the board, notwithstanding any conflicting provision of the Revised Code or procedure of the entity.
(C) Information that is confidential under this section may be admitted in a judicial proceeding only in accordance with the Rules of Evidence of the court. The court shall require that appropriate measures are taken to ensure that confidentiality is maintained with respect to any part of the information that contains names or other identifying information about patients or a person who submitted a complaint to the board under this section. The court shall take measures to ensure confidentiality, which may include sealing records or redacting or deleting specific information from records.
Last updated October 4, 2023 at 12:07 PM