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Regular Session, 2010
HOUSE BILL NO. 1129
BY REPRESENTATIVE TALBOT
WORKERS COMPENSATION: Provides relative to the confidentiality of certain records
of an injured employee
AN ACT1
To amend and reenact R.S. 23:1293(A)(1), (3), and (5) and to enact R.S. 23:1293(A)(6),2
relative to confidential records regarding workers' compensation; to authorize the3
disclosure of specific information relating to an injured employee's claim; and to4
provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 23:1293(A)(1), (3), and (5) are hereby amended and reenacted and7
R.S. 23:1293(A)(6) is hereby enacted to read as follows:8
ยง1293. Confidentiality of records; exceptions; penalties for violation9
A.(1) All medical records of an employee, all records of payment of10
compensation to an employee or his dependent, all records with respect to the11
rehabilitation or attempted rehabilitation of an injured employee, all employer12
reports of injury as required by R.S. 23:1306, all claims by an employee or his13
dependent filed pursuant to R.S. 23:1310, records submitted to the Louisiana14
Workers' Compensation Second Injury Board concerning claims for reimbursement15
arising out of a claim by an employee or his dependent filed pursuant to Chapter 1016
of this Title, including but not limited to any and all records submitted for requests17
for reimbursement, documents maintained in the claim files regarding18
reimbursement and settlement requests, and all records submitted pursuant to R.S.19
23:1378(A)(7), and all other records of the office which contain or permit the20 HLS 10RS-1114 REENGROSSED
HB NO. 1129
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ascertainment of the identity of an injured employee or his dependent or the1
employer or his insurer, all safety plans pursuant to R.S. 23:1291(B)(4), and all2
safety records of the OSHA section obtained in connection with the Insurance Cost3
Containment Act or the OSHA 7(c)(1) program shall be confidential and privileged,4
shall not be public records, and shall not be subject to subpoena, except that records5
of the office may be produced in response to an order of a workers' compensation6
judge based upon his finding that the record is relevant and necessary to the7
resolution of a disputed claim pending before the office. Such confidentiality and8
privilege shall be strictly maintained by the director and all employees of the office9
except as provided above or in Subsection B of this Section and shall be used10
exclusively for the purpose of discharging the duties and responsibilities of the office11
under this Chapter.12
* * *13
(3) Nothing in this Section shall prohibit the communication of facts,14
documents, or other information which are part of an employee's record employee15
or employer records if requested by a federal or state prosecuting attorney; by the16
office of state police, public safety services, Department of Public Safety and17
Corrections, in the conduct of an insurance fraud investigation; or by the attorney18
general of this state. The office may also share information with any state or federal19
agency for the purpose of investigating or determining tax fraud or the offset of any20
governmental benefit or workers' compensation benefits or with any other21
government entity authorized by law to conduct any audit, investigation, or similar22
activity in connection with the administration of any state or federally funded23
program.24
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(5) Nothing in this Section shall prohibit the communication of the name of26
an employer and the name of his insurer or membership in a group self-insurance27
fund as of a specific date. The office of workers' compensation administration shall28
not provide information which shall allow a requesting party to obtain the identity29 HLS 10RS-1114 REENGROSSED
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of all members or insured employers of a particular carrier or group self-insurance1
fund, either through individual requests or multiple requests. The office of workers'2
compensation administration shall not provide the effective dates of coverage for a3
specific employer, or groups of employers, either through individual requests or4
multiple requests.5
(5) (6)(a) Nothing in this Section shall prohibit the communication of6
information found in the records of the Louisiana Workers' Compensation Second7
Injury Board, during a meeting of the board, as provided in R.S. 23:1373 or on an8
appeal of a final decision of the Second Injury Board pursuant to R.S. 23:1378(E).9
(b) Notwithstanding the provisions of this Section, once a claim is made by10
an employer, group self-insurance fund, or insurer for reimbursement of the11
Louisiana Workers' Compensation Second Injury Fund, information or documents12
submitted to the Louisiana Workers' Compensation Second Injury Board involving13
the claim for reimbursement shall be available to the employer, group self-insurance14
fund, insurer, or their representatives upon simple request.15
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DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Talbot HB No. 1129
Abstract: Authorizes the disclosure of certain specific information relating to an injured
employee.
Present law provides that an employee's medical records, compensation payment records,
rehabilitation records, claim records, an employer's injury reports, records submitted to the
Second Injury Fund, and all other records that contain or permit the ascertainment of the
identity of an injured employee or his dependent or the employer or his insurer are
confidential and privileged and shall not be public records or subject to subpoena except
under limited circumstances. Present law requires such confidentiality and privilege be
strictly maintained by the office of workers' compensation administration and used
exclusively for the purpose of discharging the duties and responsibilities of the office.
Proposed law changes present law by allowing the disclosure of an employer's name, his
insurer's name or membership in a group self-insurance fund as of a specific date. Further
provides that the office of worker's compensation is prohibited from providing information
that would reveal the identity of all members or insured employees of a particular carrier or
group self-insurance fund. HLS 10RS-1114 REENGROSSED
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Proposed law provides the office of workers' compensation administration shall not provide
the effective dates of coverage for a specific employer, or groups of employers either
through individual requests or multiple requests.
Proposed law also provides information which is part of employer records may be
communicated if requested by a federal or state prosecuting attorney, state police, public
safety services, DPS&C, relative to an insurance fraud investigation or by the attorney
general of this state.
(Amends R.S. 23:1293(A)(1), (3), and (5); Adds R.S.23:1293(A)(6))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Labor and Industrial
Relations to the original bill.
1. Made technical changes.
2. Added a provision that information in employer records may be shared if
requested by a federal or state prosecuting attorney, state police, public safety
services, DPS&C, relative to an insurance fraud investigation or by the attorney
general of this state.
3. Added a provision that the office of workers' compensation shall not provide
information which shall allow a requesting party to identify all members or
insured employers of a particular carrier or group self-insurance fund whether
through individual or multiple requests.
House Floor Amendments to the engrossed bill.
1. Made technical changes.
2. Deleted a provision that provided for the disclosure of an employer's effective
dates and instead added a provision that allows for disclosure of an employer's
name, his insurer or membership in a group self-insurance fund as of a specific
date.
3. Added a provision that the office of workers' compensation administration shall
not provide the effective dates of coverage for a specific employer, or groups of
employers, either through individual requests or multiple requests.