On January 3
rd, the Ohio Department of Medicaid adopted a Final Rule establishing a
standard authorization form for the release of confidential protected patient health records covered under HIPAA and Federal drug and alcohol treatment confidentiality laws (commonly referred to as 42 CFR Part 2 records). As of February 2
nd, 2019, all Ohio Covered Entities (providers and health plans) must accept the
standard authorization form when duly executed by a patient or their authorized representatives.
While all Ohio providers will be required to accept the form, it will not be mandatory to use it. Providers will also continue to be obligated to accept
non-standard authorization forms but which otherwise comply with applicable law.
This is a positive development for healthcare providers and health plans which frequently process medical records requests, and one for which Ohio providers have been waiting many years. A standardized form recognized and utilized statewide should allow providers and plans to more efficiently respond to medical records requests, with assurances that the written authorization complies with HIPAA and 42 CFR Part 2.
For more information on the new Ohio standard authorization form, HIPAA, 42 CFR Part 2 and medical information privacy requirements, please contact
Craig Haran or
Brad Reed.