ENROLLED
Page 1 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
ACT No. 88
Regular Session, 2012
HOUSE BILL NO. 498
BY REPRESENTATIVE DIXON
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 payors shall make certain information available; to3
provide for confidentiality; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 23:1293(A)(1) is hereby amended and reenacted and R.S. 23:1291.26
is hereby enacted to read as follows:7
§1291.2. Access to payors' records; fraud identification8
A. Each payor, as defined by R.S. 23:1142, shall make his claims and9
payment data, if such data are maintained, available to the office of workers'10
compensation administration for the purpose of identifying violations of this11
Chapter.12
B. The director of the office of workers' compensation administration may13
designate the data to be reproduced, copied, or utilized at his discretion to verify that14
employers and claimants are not engaging in fraudulent activities. Notwithstanding15
any other provision of law to the contrary, any data produced or inspected pursuant16
to this Section shall remain confidential and privileged and are not subject to17
discovery or subpoena in any legal proceeding, except in the prosecution of persons18
or corporations according to R.S. 23:1170, et seq. The Louisiana Workforce19
Commission shall have the authority to promulgate rules and regulations necessary20
to implement the provisions of this Section.21
* * *22
§1293. Confidentiality of records; exceptions; penalties for violation23
A.(1) All medical records of an employee, all records of payment of24
compensation to an employee or his dependent, all records with respect to the25 ENROLLEDHB NO. 498
Page 2 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
rehabilitation or attempted rehabilitation of an injured employee, all employer1
reports of injury as required by R.S. 23:1306, all claims by an employee or his2
dependent filed pursuant to R.S. 23:1310, records submitted to the Louisiana3
Workers' Compensation Second Injury Board concerning claims for reimbursement4
arising out of a claim by an employee or his dependent filed pursuant to Chapter 105
of this Title, including but not limited to any and all records submitted for requests6
for reimbursement, documents maintained in the claim files regarding7
reimbursement and settlement requests, and all records submitted pursuant to R.S.8
23:1378(A)(7) 23:1378(A)(5), all safety plans pursuant to R.S. 23:1291(B)(4), and9
all safety records of the OSHA section obtained in connection with the Insurance10
Cost Containment Act or the OSHA 7(c)(1) program, and all data produced pursuant11
to R.S. 23:1291.2, shall be confidential and privileged, shall not be public records,12
and shall not be subject to subpoena, except that records of the office may be13
produced in response to an order of a workers' compensation judge based upon his14
finding that the record is relevant and necessary to the resolution of a disputed claim15
pending before the office. Such confidentiality and privilege shall be strictly16
maintained by the director and all employees of the office except as provided above17
or in Subsection B of this Section and shall be used exclusively for the purpose of18
discharging the duties and responsibilities of the office under this Chapter.19
* * *20
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: