Ohio Admin. Code 4125-1-02 - Electronic submission and acceptance of documents
(A) As used in this rule:
(1) "Bureau" means the bureau of workers'
compensation and the authority vested in the administrator of workers'
compensation.
(2) "Commission"
means the industrial commission.
(3) "Electronic" includes electrical,
digital, magnetic, wireless, optical, electromagnetic, facsimile or any other
form of technology that entails capabilities similar to these
technologies.
(4) "Electronic
record" means a record generated, communicated, received, or stored by
electronic means for use in an information system or for transmission from one
information system to another.
(5)
"Electronic signature" means a signature in electronic form attached to or
logically associated with an electronic record.
(6) "Person" means an individual,
corporation, business trust, estate, trust, partnership, limited liability
company, association, joint venture, governmental agency, public corporation,
or any other legal or commercial entity.
(7) "Health care provider" or "provider" has
the same meaning set forth in rule
4123-6-01 of the
Administrative Code.
(8) "Managed
care organization" or "MCO" has the same meaning set forth in rule
4123-6-01 of the
Administrative Code.
(9) "Record"
means information that is inscribed on a tangible medium or that is stored in
an electronic or other medium and is retrievable in perceivable form including,
but not limited, to applications, notices, evidence, or other
documents.
(10) "Approved
electronic information system" means the system designated by the commission or
bureau for submission of electronic records. All electronic submissions are
subject to data validation criteria as determined by the commission or
bureau.
(B) Where a
statute in Chapter 4121., 4123., 4125., 4127., or 4131. of the Revised Code or
a rule in Chapter 4121., 4123., 4125., 4127. or 4131. of the Administrative
Code, requires that applications, notices, evidence, and other documents, be in
writing, mailed or requires a signature, the
commission or bureau may, to the extent of their respective jurisdictions,
approve of and provide for the electronic submission and sending of those
documents, and the use of an electronic signature on those documents.
(C) For purposes of authentication, a person
wishing to file certain electronic records shall obtain an identification
number or other approved identification recognized by the commission or
bureau.
(D) All electronic records
received by the commission or bureau must be authenticated by the sending
person's or provider's unique electronic signature or its equivalent as deemed
appropriate by the commission or bureau. If the person or provider fails to
authenticate the electronic record with the electronic signature or its
equivalent as deemed appropriate by the commission or bureau, the commission or
bureau may disregard such record in rendering a decision, determination, or
order to which the record would otherwise be relevant.
(E) If the commission or bureau finds that
any electronic record received is unintelligible, incomplete, or in any manner
illegible or incomprehensible, or, if the record fails to comply with paragraph
(A)(10) of this rule, the commission or bureau shall make a reasonable attempt
to contact the sender to correct the deficiency of the electronic record. If
the commission or bureau is unable to contact the sender or the sender is
unable to correct the deficiency of the electronic record, the commission or
bureau may disregard the electronic record or evidence in rendering a decision,
determination, or order to which the record or evidence would otherwise be
relevant.
(F) To be accepted as
timely filed or received, a record which is submitted electronically must:
(1) Be received by an electronic device, or
at an electronic address designated by the commission or bureau as being
appropriate for the intended purpose, and
(2) Be confirmed by the commission or bureau
to have been received within the prescribed time frames of statutes or
administrative rules.
(G) Electronic records not received by the
commission or bureau during regular business hours, will be considered received
and filed on the next business day.
(H) The electronic submission of
applications, notices, evidence, or other documents is deemed equivalent to the
submission of the original document.
(I) The electronic submission of documents to
the commission or bureau is not required. A person may continue to submit
non-electronic documents to the commission or bureau.
(J) The provisions of this rule
notwithstanding, electronic submission and acceptance of documents by MCOs will
continue to be governed by the MCO contract. To the extent this rule conflicts
with any provisions of the MCO contract or the rules of Chapter 4123-6 of the
Administrative Code, the MCO contract or rules of Chapter 4123-6 of the
Administrative Code are controlling.
Notes
Promulgated Under: 119.03
Statutory Authority: 4121.12, 4121.30, 4121.31, 4123.05
Rule Amplifies: 4121.31, 4123.511, 4123.52, 4123.84
Prior Effective Dates: 10/01/2000, 02/13/2014
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.