HLS 12RS-683 ORIGINAL
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are additions.
Regular Session, 2012
HOUSE BILL NO. 498
BY REPRESENTATIVE DIXON
WORKERS COMPENSATI ON: Provides for access to data from workers' compensation
insurers for fraud detection
AN ACT1
To amend and reenact R.S. 23:1293(A)(1) and to enact R.S. 23:1291.2, relative to workers'2
compensation; to provide that insurers and self-insured employers shall make certain3
information available; to provide for confidentiality; and to provide for related4
matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 23:1293(A)(1) is hereby amended and reenacted and R.S. 23:1291.27
is hereby enacted to read as follows:8
§1291.2. Access to insurer and self-insured employers' records; fraud identification9
A. Every insurer that writes workers' compensation insurance and every self-10
insured employer who maintains self-insured status to provide workers'11
compensation benefits shall make his workers' compensation insurance employee12
records and databases available to the office of workers' compensation13
administration for the purpose of identifying violations of this Chapter.14
B. The director of the office of workers' compensation administration may15
designate the data to be reproduced, copied, or utilized at his discretion to verify that16
the insurer or self-insured employee is not engaging in fraudulent activities.17
Notwithstanding any other provision of law to the contrary, any data produced or18
inspected pursuant to this Section shall remain confidential and privileged and is not19
subject to discovery or subpoena in any legal proceeding, except in the prosecution20 HLS 12RS-683 ORIGINAL
HB NO. 498
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of persons or corporations according to R.S. 23:1170, et seq.. The Louisiana1
Workforce Commission shall have the authority to promulgate rules and regulations2
necessary to implement the provisions of this Section.3
* * *4
§1293. Confidentiality of records; exceptions; penalties for violation5
A.(1) All medical records of an employee, all records of payment of6
compensation to an employee or his dependent, all records with respect to the7
rehabilitation or attempted rehabilitation of an injured employee, all employer8
reports of injury as required by R.S. 23:1306, all claims by an employee or his9
dependent filed pursuant to R.S. 23:1310, records submitted to the Louisiana10
Workers' Compensation Second Injury Board concerning claims for reimbursement11
arising out of a claim by an employee or his dependent filed pursuant to Chapter 1012
of this Title, including but not limited to any and all records submitted for requests13
for reimbursement, documents maintained in the claim files regarding14
reimbursement and settlement requests, and all records submitted pursuant to R.S.15
23:1378(A)(7), all safety plans pursuant to R.S. 23:1291(B)(4), and all safety records16
of the OSHA section obtained in connection with the Insurance Cost Containment17
Act or the OSHA 7(c)(1) program, and all data produced pursuant to R.S. 23:1291.2,18
shall be confidential and privileged, shall not be public records, and shall not be19
subject to subpoena, except that records of the office may be produced in response20
to an order of a workers' compensation judge based upon his finding that the record21
is relevant and necessary to the resolution of a disputed claim pending before the22
office. Such confidentiality and privilege shall be strictly maintained by the director23
and all employees of the office except as provided above or in Subsection B of this24
Section and shall be used exclusively for the purpose of discharging the duties and25
responsibilities of the office under this Chapter.26
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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)]
Dixon HB No. 498
Abstract: Requires that workers' compensation insurers and self-insured employers give
the office of workers' compensation administration (OWCA) access to certain
records for fraud detection.
Proposed law provides that any insurer who writes workers' compensation policies or self-
insured employer shall make his records available to the OWCA for review.
Proposed law provides that the data will remain confidential and is not subject to subpoena
or discovery in any legal proceeding, except as otherwise provided by law.
Proposed law authorizes LWC to promulgate rules and regulations necessary to carry out the
provisions of proposed law.
Proposed law allows the director of the OWCA to review and reproduce the data at his
discretion to verify the insurer or self-insured employer are free from fraudulent activities.
Present law provides for the confidentiality of workers' compensation records.
Present law provides that all data produced pursuant to present law and all safety records
relative to the Insurance Cost Containment Act or the OSHA 7(c)(1) program shall be
confidential and privileged.
Proposed law adds proposed law to the records that shall be confidential and privileged.
(Amends R.S. 23:1293(A)(1); Adds R.S. 23:1291.2)