Ohio Revised Code
Chapter 3721 | Nursing Homes; Residential Care Facilities
Section 3721.25 | Confidentiality.

Effective: September 29, 2017
Latest Legislation: House Bill 49 - 132nd General Assembly
(A)(1) Except as required by court order, as necessary for the administration or enforcement of any statute or rule relating to long-term care facilities or residential care facilities, or as provided in division (D) of this section, the director of health shall not disclose any of the following without the consent of the individual or the individual's legal representative:
(a) The name of an individual who reports suspected abuse, neglect, or exploitation of a resident or misappropriation of a resident's property to the facility or director;
(b) The name of an individual who provides information during an investigation of suspected abuse, neglect, exploitation, or misappropriation conducted by the director;
(c) Any information that would tend to disclose the identity of an individual described in division (A)(1)(a) or (b) of this section.
(2) An agency or individual to whom the director is required, by court order or for the administration or enforcement of a statute relating to long-term care facilities or residential care facilities, to release information described in division (A)(1) of this section shall not release the information without the permission of the individual who would be or would reasonably tend to be identified, or of the individual's legal representative, unless the agency or individual is required to release it by division (D) of this section, by court order, or for the administration or enforcement of a statute relating to long-term care facilities or residential care facilities.
(B) Except as provided in division (D) of this section, any record that identifies an individual described in division (A)(1)(a) or (b) of this section, or that would tend to disclose the identity of such an individual, is not a public record for the purposes of section 149.43 of the Revised Code, and is not subject to inspection or copying under section 1347.08 of the Revised Code.
(C) Except as provided in division (B) of this section and division (D) of section 3721.23 of the Revised Code, the records of a hearing conducted under section 3721.23 of the Revised Code are public records for the purposes of section 149.43 of the Revised Code and are subject to inspection and copying under section 1347.08 of the Revised Code.
(D) If the director, or an agency or individual to whom the director is required by court order or for administration or enforcement of a statute relating to long-term care facilities or residential care facilities to release information described in division (A)(1) of this section, uses information in any administrative or judicial proceeding against a long-term care facility or residential care facility that reasonably would tend to identify an individual described in division (A)(1)(a) or (b) of this section, the director, agency, or individual shall disclose that information to the facility. However, the director, agency, or individual shall not disclose information that directly identifies an individual described in division (A)(1)(a) or (b) of this section, unless the individual is to testify in the proceedings.

Structure Ohio Revised Code

Ohio Revised Code

Title 37 | Health-Safety-Morals

Chapter 3721 | Nursing Homes; Residential Care Facilities

Section 3721.01 | Nursing Home and Residential Care Facility Definitions and Classifications.

Section 3721.011 | Skilled Nursing Care.

Section 3721.012 | Risk Agreement.

Section 3721.02 | Procedures for Inspecting and Licensing Homes - Fees.

Section 3721.021 | Review of Documents by Prospective Residents and Associated Persons.

Section 3721.022 | Establishing and Maintaining Health Standards and Serving as State Survey Agency.

Section 3721.023 | Party Identified in License Deemed Sole Owner of Business on Premises Leased on or Before 1-1-70.

Section 3721.024 | Nursing Facility Recognition Program.

Section 3721.026 | Assignment or Transfer of Operation of Nursing Home.

Section 3721.027 | Investigation of Unresolved Complaints Found to Be Valid.

Section 3721.03 | Enforcement of Provisions - Revocation of License.

Section 3721.031 | Investigation of Complaint Concerning Home - Disclosure of Information.

Section 3721.032 | Fire Marshal to Enforce and Adopt Fire Safety Rules.

Section 3721.04 | Adoption and Publication of Uniform Rules Governing Operation of Homes.

Section 3721.041 | Vaccinations to Be Offered to Residents.

Section 3721.042 | Excluded Grounds for Denial of License.

Section 3721.05 | Operating Home Requires License - Prohibited Activities.

Section 3721.051 | County or District - Prohibited Activities.

Section 3721.06 | Prohibition Against Placement of Person in Unlicensed Home.

Section 3721.07 | Requirement for Issuance of License - Revocation.

Section 3721.071 | Home Must Be Equipped With Both Automatic Fire Extinguishing and Fire Alarm Systems.

Section 3721.072 | Biennial Participation in Quality Improvement Projects.

Section 3721.08 | Injunctive Relief.

Section 3721.081 | Summary Orders.

Section 3721.09 | Local Regulations.

Section 3721.10 | Residents' Rights Definitions.

Section 3721.11 | Director to Adopt Rules.

Section 3721.12 | Duties of Nursing Home Administrator Concerning Residents' Rights.

Section 3721.121 | Criminal Records Check.

Section 3721.122 | Screening and Accommodations for Sex Offenders.

Section 3721.13 | Residents' Rights.

Section 3721.14 | Implementation of Residents' Rights.

Section 3721.141 | Notification of Benefit Eligibility.

Section 3721.15 | Authorization to Handle Residents' Financial Affairs.

Section 3721.16 | Residents' Rights Concerning Transfer or Discharge.

Section 3721.161 | Hearing Challenging Proposed Transfer or Discharge.

Section 3721.162 | Determining Whether Transfer or Discharge Complies.

Section 3721.17 | Grievance Procedure.

Section 3721.18 | Attorney General Duties.

Section 3721.19 | Nonparticipation in State Assistance Program.

Section 3721.20 | Compassionate Care Visits.

Section 3721.21 | Long-Term Care Facility Definitions.

Section 3721.22 | Reporting Abuse or Neglect of Resident or Misappropriation of Property.

Section 3721.23 | Investigations.

Section 3721.24 | Whistleblower Protection.

Section 3721.25 | Confidentiality.

Section 3721.26 | Adoption of Rules.

Section 3721.28 | Nurses Aides Training and Competency Evaluation Programs.

Section 3721.29 | Orientation Program - Performance Review - In-Service Education.

Section 3721.30 | Competency Evaluation Program Contents.

Section 3721.31 | Approving or Rejecting Programs.

Section 3721.32 | State Nurse Aide Registry.

Section 3721.33 | Nurse Aide Training Fund.

Section 3721.34 | Cooperation With Other Agencies.

Section 3721.35 | Unauthorized Practice of Nursing.

Section 3721.60 | Electronic Monitoring in Long-Term Care Facilities Definitions.

Section 3721.61 | Electronic Monitoring Authorization Form.

Section 3721.62 | Roommate Consent.

Section 3721.63 | Form Prescribed by Facility.

Section 3721.64 | Posted Notice.

Section 3721.65 | No Discrimination for Use of Electronic Monitoring Device.

Section 3721.66 | Tampering and Unauthorized Use.

Section 3721.67 | Rulemaking.

Section 3721.68 | Law Enforcement Exception.

Section 3721.69 | Video-Conference Visitation.

Section 3721.99 | Penalty.