ENROLLED
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are additions.
Regular Session, 2010
HOUSE BILL NO. 1129
BY REPRESENTATIVE TALBOT
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
ascertainment of the identity of an injured employee or his dependent or the21
employer or his insurer, all safety plans pursuant to R.S. 23:1291(B)(4), and all22
safety records of the OSHA section obtained in connection with the Insurance Cost23
Containment Act or the OSHA 7(c)(1) program shall be confidential and privileged,24 ENROLLEDHB NO. 1129
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shall not be public records, and shall not be subject to subpoena, except that records1
of the office may be produced in response to an order of a workers' compensation2
judge based upon his finding that the record is relevant and necessary to the3
resolution of a disputed claim pending before the office. Such confidentiality and4
privilege shall be strictly maintained by the director and all employees of the office5
except as provided above or in Subsection B of this Section and shall be used6
exclusively for the purpose of discharging the duties and responsibilities of the office7
under this Chapter.8
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(3) Nothing in this Section shall prohibit the communication of facts,10
documents, or other information which are part of an employee's record employee11
or employer records if requested by a federal or state prosecuting attorney; by the12
office of state police, public safety services, Department of Public Safety and13
Corrections, in the conduct of an insurance fraud investigation; or by the attorney14
general of this state. The office may also share information with any state or federal15
agency for the purpose of investigating or determining tax fraud or the offset of any16
governmental benefit or workers' compensation benefits or with any other17
government entity authorized by law to conduct any audit, investigation, or similar18
activity in connection with the administration of any state or federally funded19
program.20
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(5) Nothing in this Section shall prohibit the communication of the name of22
an employer and the name of his insurer or membership in a group self-insurance23
fund as of a specific date. The office of workers' compensation administration shall24
not provide information which shall allow a requesting party to obtain the identity25
of all members or insured employers of a particular carrier or group self-insurance26
fund, either through individual requests or multiple requests. The office of workers'27
compensation administration shall not provide the effective dates of coverage for a28
specific employer, or groups of employers, either through individual requests or29
multiple requests.30 ENROLLEDHB NO. 1129
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(5) (6)(a) Nothing in this Section shall prohibit the communication of1
information found in the records of the Louisiana Workers' Compensation Second2
Injury Board, during a meeting of the board, as provided in R.S. 23:1373 or on an3
appeal of a final decision of the Second Injury Board pursuant to R.S. 23:1378(E).4
(b) Notwithstanding the provisions of this Section, once a claim is made by5
an employer, group self-insurance fund, or insurer for reimbursement of the6
Louisiana Workers' Compensation Second Injury Fund, information or documents7
submitted to the Louisiana Workers' Compensation Second Injury Board involving8
the claim for reimbursement shall be available to the employer, group self-insurance9
fund, insurer, or their representatives upon simple request.10
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SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: