Current through all regulations passed and filed through September 16, 2024
(A)
Definitions:
(1)
For the purposes of this rule, "claim information"
means information regarding:
(a)
Whether an individual is receiving, has received, or
has applied for unemployment compensation.
(b)
The amount of
compensation the individual is receiving or is entitled to
receive.
(c)
The name, address, and social security number and other
information provided by the individual when filing an application or claim for
benefits.
(d)
Any other information contained in the records of the
director which is needed by the requesting agency to verify eligibility for,
and the amount of, benefits.
(2)
"Employer
information" is information concerning total and taxable wages, contribution
rates, number of individuals in covered employment, and wages, addresses,
employer identification numbers and other information on employers that is
maintained in systems supporting administration of the unemployment
compensation program under Chapter 4141. of the Revised Code.
(B)
Any
disclosure made pursuant to section
4141.162 of the Revised Code;
divisions (B)(4), (B)(6), (B)(7) and (D) of section
4141.211 of the Revised Code;
and division (J) of section
4141.43 of the Revised Code, at
the discretion of the director, will be made pursuant to an agreement under
which state and federal confidentiality requirements, including those
requirements protecting federal tax information, pursuant to IRS publication
1075, are maintained. If an agreement to exchange or disclose requested
information is necessary, if appropriate, it will contain at a minimum:
(1)
The purposes for
which requests will be made and the specific information
needed.
(2)
A statement that the requesting party will not use the
information for any purpose not specifically authorized under the agreement
entered into under this rule.
(3)
A demonstration
that requested information will be used for the purpose of improving the
provision of government services.
(4)
Identification of
all officials or employees with authority by position to request and access
information.
(5)
The information will be stored in a place physically
secure from access by unauthorized persons.
(6)
Information in
any electronic format will be stored, transmitted, and processed in such a way
that unauthorized persons cannot retrieve the information by means of computer,
remote terminal, or other means.
(7)
The requesting
parties are to instruct all personnel with access to the information regarding
the confidential nature of the information, the confidentiality requirements of
the agreement, and the sanctions against unauthorized disclosure of
information.
(8)
The requesting party agrees that it will not make any
further disclosure of the information shared with them to their agent,
contractor, sub-contractor unless authorized by the director or by
statute.
(9)
Methods and timing of the requests for information,
including the format to be used, and the period of time needed to furnish the
requested information.
(10)
The basis for establishing the reporting periods for
which information will be provided.
(11)
Provisions for
determining appropriate reimbursement for the costs from requesting parties
incurred by the Ohio department of job and family services (ODJFS) in providing
data, including any new development costs associated with furnishing
data.
(12)
Safeguards to ensure that information obtained from
ODJFS will be protected against unauthorized access or disclosure, including a
description of physical security and the process for providing authorized
access.
(13)
The agreement is to include language that establishes
that an agent, contractor or entity is bound by the rules of ODJFS, and that
disclosure of the information by the contractor, grantee, or entity in a manner
not authorized by ODJFS is a breach of the contract and a violation of sections
4141.21 and
4141.99 of the Revised Code, as
well as federal law.
(14)
The requesting party is to sign an acknowledgment on
behalf of the organization attesting to the organization's policies and
procedures regarding confidentiality.
(15)
The requesting
parties are to permit ODJFS to make on-site inspections to ensure that the
requirements of the agreement and state and federal statutes and regulations
are being met.
(C)
Agreements for the disclosure of wage information to a
consumer reporting agency pursuant to division (J) of section
4141.43 of the Revised Code,
will at a minimum include the following:
(1)
An agreement
that the consumer reporting agency and any entity to which wage information, as
defined in division (J) of section
4141.43 of the Revised Code, is
disclosed and will secure a written statement of informed consent signed by the
individual to whom the information pertains prior to requesting wage
information about the individual including:
(a)
A specific
statement indicating that the individual's wage information will be
released.
(b)
A statement that the release is only for that
particular transaction.
(c)
A clear statement informing the individual that the
consumer reporting agency may use information from wage information files
maintained by ODJFS.
(d)
A statement indicating who may receive the information
released.
(2)
An agreement that the consumer reporting agency to
which wage information is provided, and any other entity to which wage
information is disclosed by the consumer reporting agency, is to use the wage
information only for the specific transaction authorized by the individual's
statement of informed consent.
(3)
An agreement that
the consumer reporting agency or other entity to which wage information is
provided permit a periodic audit of sample transactions accessing wage
information to assure that the agency or other entity had a written statement
of informed consent meeting the requirements of paragraph (A)(1) of this rule
for each transaction.
(4)
A requirement that the consumer reporting agency will
pay all costs associated with the disclosure of wage information under the
terms of the agreement.
(5)
A requirement that the consumer reporting agency to
which wage information is provided will provide a list of the names, addresses
and telephone numbers of all entities to which wage information may be
disclosed by the consumer reporting agency.
(D)
The director will
prescribe any additional conditions under which disclosure or exchange of
information under this rule may be made and may include the reimbursement of
costs of disclosure where such costs are not de minimis.
(E)
All applicants
for and recipients of benefits under the programs listed in section
4141.162 of the Revised Code are
to be notified at the time of application, and periodically thereafter, that
information available through the income and eligibility verification system
may be shared with agencies that administer such programs and utilized in
establishing or verifying eligibility or benefit amounts.
(F)
In addition to
any consequences outlined in division (G) of section
4141.211 of the Revised Code,
the director may cancel the future exchange or disclosure of information to a
requesting party if the director finds that information was redisclosed while
in the custody of the party. The director may also cancel the future exchange
or disclosure of information to any employee or employees of a requesting party
if the director finds that information was redisclosed while in the custody of
the employee or employees.
Replaces: 4141-16-01, 4141-16-02, 4141-16-03, 4141-43-01,
4141-43-02, 4141-43-03
