Current through all regulations passed and filed through March 18, 2024
Pursuant to the requirements of
division (B)(2) of section
1347.15 of the Revised Code,
this rule contains a list of valid reasons, directly related to the department
of veterans services' exercise of its powers or duties, for which only
employees of the agency may access confidential personal information (CPI)
regardless of whether the personal information system is a manual system or
computer system:
(A)
Performing the following functions constitute valid
reasons for authorized employees of the agency to access confidential personal
information:
(1)
Responding to a public records request;
(2)
Responding to a request from an individual for the list of CPI the agency
maintains on that individual;
(3)
Administering a
constitutional provision or duty;
(4)
Administering a
statutory provision or duty;
(5)
Administering an
administrative rule provision or duty;
(6)
Complying with
any state or federal program requirements;
(7)
Processing or
payment of claims or otherwise administering a program with individual
participants or beneficiaries;
(8)
Auditing
purposes;
(9)
Licensure [or permit, eligibility, filing, etc.]
processes;
(10)
Investigation or law enforcement purposes;
(11)
Administrative hearings;
(12)
Litigation,
complying with an order of the court, or subpoena;
(13)
Human resource
matters (e.g., hiring, promotion, demotion, discharge, salary/compensation
issues, leave requests/issues, time card approvals/issues);
(14)
Complying with
an executive order or policy;
(15)
Complying with
an agency policy or a state administrative policy issued by the department of
administrative services, the office of budget and management or other similar
state agency; or
(16)
Complying with a collective bargaining agreement
provision.
(B)
To the extent that the general processes described in
paragraph (A) of this rule do not cover the following circumstances, for the
purpose of carrying out specific duties of the Ohio department of veterans
services, authorized employees would also have valid reasons for accessing CPI
in these following circumstances:
(1)
Employees of the Ohio department of veterans services
may access the CPI of residents of the Ohio veterans' homes for purposes of
diagnosis and treatment related to residents' physical, mental, and/or
psycho-social well-being and for purposes of carrying out the agency's duties
related to resident assessments and resident billing for services
provided.
(2)
Employees of the Ohio department of veterans services
may access the CPI of individuals seeking admission to the Ohio veterans' homes
for purposes of determining eligibility for admissions.
(3)
Employees of the
Ohio department of veterans services may access the CPI of applicants for
compensation under the veterans bonus program for purposes of carrying out the
duties found in Section 2r of Article VIII of the Constitution of the state of
Ohio.
(4)
Employees of the Ohio department of veterans services
may access the CPI of former members of the U.S. armed forces, members of the
national guard, reservists and their dependents applying for assistance from
the agency related to eligibility for benefits or availability of programs for
which they may qualify under state and/or federal law. Such access is
permissible whether the application for assistance was made by the veteran on
his orher own behalf; or through county veterans service officers, state or
federal legislators, the U.S. department of veterans affairs, veterans' service
organizations, legal guardians, or other individuals or organizations making
applications for assistance on the individual's behalf.
(5)
Employees of the
Ohio department of veterans services may access the CPI of former members of
the U.S. armed forces, members of the national guard, reservists and their
dependents, applying for education and employment training services under the
G.I. bill for purposes of carrying out its duties as the administering body for
the state approving authority (SAA) for veterans training in Ohio.
Effective:
9/17/2010
R.C.
119.032 review dates:
09/17/2015
Promulgated
Under: 119.03
Statutory
Authority: 1347.15
Rule
Amplifies: 1347.15