3701-67-04 Data collection; confidentiality of records.

 

 

 

Rule Summary and Fiscal Analysis (Part A)

 

Department of Health

Agency Name

 

Jodi Govern

Division                                                                  Contact

 

246 North High St. P.O. Box 118 Columbus OH 43216-118

614-466-4882        614-728-7813

Agency Mailing Address (Plus Zip)                                       Phone                     Fax

3701-67-04

Rule Number

NO CHANGE

TYPE of rule filing

Rule Title/Tag Line              Data collection; confidentiality of records.

RULE SUMMARY

1.  Is the rule being filed consistent with the requirements of the RC 119.032 review? Yes

2.  Are you proposing this rule as a result of recent legislation? No

3.  Statute prescribing the procedure in accordance with the agency is required to adopt the rule: 119.03

4.  Statute(s) authorizing agency to adopt the rule: 3701.045

5.  Statute(s) the rule, as filed, amplifies or implements: 307.629, 3701.045

6.  State the reason(s) for proposing (i.e., why are you filing,) this rule:

ODH is filing this rule without amendment as part of the five-year review process.

7.  If the rule is an AMENDMENT, then summarize the changes and the content of the proposed rule; If the rule type is RESCISSION, NEW or NO CHANGE, then summarize the content of the rule:

This rule requires the CFR board to implement a system for collecting information to review the deaths of children and the Director to develop a data collection tool. All information shall be confidential.

8.  If the rule incorporates a text or other material by reference and the agency claims the incorporation by reference is exempt from compliance with sections

121.71 to 121.74 of the Revised Code because the text or other material is generally available to persons who reasonably can be expected to be affected by the rule, provide an explanation of how the text or other material is generally available to those persons:

This rule references a section of the Administrative Code, which is the accepted regulatons of the state of Ohio. The OAC is generally available in libraries, state agencies, and on the internet, to persons who reasonably can be expected to be affected by the rule.

9.  If the rule incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material electronically, provide an explanation of why filing the text or other material electronically was infeasible:

Pursuant to R.C. 121.71 to 121.74, the OAC is exempt.

10.  If the rule is being rescinded and incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material, provide an explanation of why filing the text or other material was infeasible:

Not Applicable.

11.  If revising or refiling this rule, identify changes made from the previously filed version of this rule; if none, please state so:

Not Applicable.

12. 119.032 Rule Review Date: 5/31/2006 and 05/31/2011

(If the rule is not exempt and you answered NO to question No. 1, provide the scheduled review date. If you answered YES to No. 1, the review date for this rule is the filing date.)

NOTE: If the rule is not exempt at the time of final filing, two dates are required: the current review date plus a date not to exceed 5 years from the effective date for Amended rules or a date not to exceed 5 years from the review date for No Change rules.

FISCAL ANALYSIS

13.  Estimate the total amount by which this proposed rule would increase / decrease either revenues / expenditures for the agency during the current biennium (in dollars): Explain the net impact of the proposed changes to the budget of your agency/department.

This will have no impact on revenues or expenditures.

$0.00

Not applicable

14.  Identify the appropriation (by line item etc.) that authorizes each expenditure necessitated by the proposed rule:

Fund 320, Grant L932, Activity 17H6

15.  Provide a summary of the estimated cost of compliance with the rule to all directly affected persons. When appropriate, please include the source for your information/estimated costs, e.g. industry, CFR, internal/agency:

Not applicable

16.  Does this rule have a fiscal effect on school districts, counties, townships, or municipal corporations? Yes

You must complete Part B of the Rule Summary and Fiscal Analysis in order to comply with Am. Sub. S.B. 33 of the 120th General Assembly.

17.  Does this rule deal with environmental protection or contain a component dealing with environmental protection as defined in R. C. 121.39? No

                                                                                                                                             

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Rule Summary and Fiscal Analysis (Part B)

1.  Does the Proposed rule have a fiscal effect on any of the following?

(a)  School Districts

(b)    Counties                                 (c) Townships           (d) Municipal

Corporations

No                                Yes                              No                                No

2.  Please provide an estimate in dollars of the cost of compliance with the proposed rule for school districts, counties, townships, or municipal corporations. If you are unable to provide an estimate in dollars, please provide a written explanation of why it is not possible to provide such an estimate.

Costs will vary by county depending on the number of child death reviews. Estimated costs to local CFR boards for a staff person to enter information into the on-line data collection system will range from $20 to $1000.

3.  If the proposed rule is the result of a federal requirement, does the proposed rule exceed the scope and intent of the federal requirement? No

4.  If the proposed rule exceeds the minimum necessary federal requirement, please provide an estimate of, and justification for, the excess costs that exceed the cost of the federal requirement. In particular, please provide an estimate of the excess costs that exceed the cost of the federal requirement for (a) school districts, (b) counties, (c) townships, and (d) municipal corporations.

Not Applicable.

5.  Please provide a comprehensive cost estimate for the proposed rule that includes the procedure and method used for calculating the cost of compliance. This comprehensive cost estimate should identify all of the major cost categories including, but not limited to, (a) personnel costs, (b) new equipment or other capital costs, (c) operating costs, and (d) any indirect central service costs.

Costs estimates are based on personnel costs for one half to up to two hundred hours per year. Costs will vary by county based on the number of child deaths reviewed. Indirect costs estimates are based on thirty per cent of personnel costs.

(a)  Personnel Costs

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Personnel costs will range from $20 to $1000 depending on the number of child deaths reviewed.

(b)  New Equipment or Other Capital Costs

Minimal

(c)  Operating Costs

Minimal

(d)  Any Indirect Central Service Costs

Indirect costs will range from $6 to $300, depending on the number of child deaths reviewed.

(e)  Other Costs

N/A

6.  Please provide a written explanation of the agency's and the local government's ability to pay for the new requirements imposed by the proposed rule.

Costs may be absorbed into existing administrative, surveillance, planning, prevention or maternal child health programs. Participating agencies may contribute in-kind.

7.  Please provide a statement on the proposed rule's impact on economic development.

N/A