Ohio Code 5160.46 – Authorization form
(A) For the purposes of section 5160.45 of the Revised Code, an authorization shall be made on a form that uses language understandable to the average person and contains all of the following:
Terms Used In Ohio Code 5160.46
- in writing: includes any representation of words, letters, symbols, or figures; this provision does not affect any law relating to signatures. See Ohio Code 1.59
- Medical assistance program: means all of the following:
(1) The medicaid program;
(2) The children's health insurance program;
(3) The refugee medical assistance program;
(4) Any other program that provides medical assistance and state statutes authorize the department of medicaid to administer. See Ohio Code 5160.01
- medical assistance recipient: includes an individual applying for a medical assistance program, a former medical assistance recipient, or both. See Ohio Code 5160.01
- Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
(1) A description of the information to be used or disclosed that identifies the information in a specific and meaningful fashion;
(2) The name or other specific identification of the person or class of persons authorized to make the requested use or disclosure;
(3) The name or other specific identification of the person or government entity to which the information may be released;
(4) A description of each purpose of the requested use or disclosure of the information;
(5) The date on which the authorization expires or an event related either to the individual who is the subject of the request or to the purposes of the requested use or disclosure, the occurrence of which will cause the authorization to expire;
(6) A statement that the information used or disclosed pursuant to the authorization may be disclosed by the recipient of the information and may no longer be protected from disclosure;
(7) The signature of the individual or the individual’s authorized representative and the date on which the authorization was signed;
(8) If signed by an authorized representative, a description of the representative’s authority to act for the individual;
(9) A statement of the individual or authorized representative’s right to prospectively revoke the written authorization in writing, along with either of the following:
(a) A description of how the individual or authorized representative may revoke the authorization;
(b) If the department of medicaid has established a privacy notice that contains a description of how the individual or authorized representative may revoke the authorization, a reference to the privacy notice.
(10) A statement that treatment, payment, enrollment, or eligibility for a medical assistance program cannot be conditioned on signing the authorization unless the authorization is necessary for determining eligibility for the program.
(B) An authorization for the release of information regarding a medical assistance recipient to the recipient’s attorney under division (D)(3) of section 5160.45 of the Revised Code may include a provision specifically authorizing the release of the recipient’s electronic health records, if any, in accordance with rules authorized by section 5160.48 or 5160.481 of the Revised Code.
(C) When an individual requests information pursuant to section 5160.45 of the Revised Code regarding the individual’s enrollment in a medical assistance program and does not wish to provide a statement of purpose, the statement “at request of the individual” is a sufficient description for purposes of division (A)(4) of this section.