Self-insured
employer records
|
|
1.
|
Self-insured employer experience rating modifications are
confidential unless the party is specifically authorized access,
in writing, by the self-insured employer.
|
|
|
Statutory
Reference: ORS 192.501(5). Basic Manual for Workers’
Compensation Employer’s Liability Insurance, NCCI Rules
and Procedures, Appendix A, IV
|
|
2.
|
Annual reports submitted by self-insured employers and the
worksheets used for the calculation of security deposits.
|
|
|
Statutory
Reference: ORS 192.501(5)
|
| |
|
|
Workers’
compensation claim records
|
|
3.
|
Workers’ compensation claim records (paper and electronic)
of the Department of Consumer and Business Services except
in accordance with the rules adopted by the Director of the
Department of Consumer and Business Services, in any of the
following circumstances:
- When
the director determines such release is in the public
interest, as long as ORS 192.502(20) and the criteria
in OAR 436-060-0009(4)(a) through (d) are met.
- When
necessary for insurers, self-insured employers, and
third party claim administrators to process workers'
compensation claims.
- When
necessary for the director, other governmental agencies
of this state, or the United States to carry out their
duties, functions, or powers.
- When
the disclosure is made in such a manner that the disclosed
information cannot be used to publicly identify any
worker who is the subject of a claim. Such circumstances
include when workers' compensation claims file information
is required by a public or private research organization
in order to contact injured workers in order to conduct
its research. The director may enter into such agreements
with such institutions or persons as are necessary
to secure the confidentiality of the disclosed records.
- When
a worker or the worker's representative requests review
of the worker's claim record.
- When
anyone presents a signed release by the claimant.
- When
necessary for attorneys representing clients in other
than workers' compensation matters. An attorney retainer
agreement is required. Information shall be used solely
to represent their client(s) interest.
Statutory Reference: ORS 192.502(2)(20), OAR 436-060-0009(4),
(5), and (8) |
|
| |
|
|
Managed
Care Organization records
|
|
4.
|
Managed Care Organization plans, applications, protocols,
financial statements, and marketing techniques. The public
may view all portions of the application once the MCO becomes
certified, except those portions identified as "trade
secrets."
|
|
|
Statutory
Reference: ORS 192.501(2)
|
|
5.
|
Any
issue concerning provision of medical services to injured
workers subject to a managed care contract and service utilization
review, quality assurance, dispute resolution, contract review,
and peer review activities as well as authorization of medical
services to be provided by other than an attending physician
under ORS 656.245(2)(b) are subject solely to review by the
director and shall be confidential except in the following
circumstances:
- Disclosures
as considered necessary by the director in the administration
of ORS chapter 656.
- Reports
of professional misconduct to an appropriate licensing
board.
- Disclosures
related to any action, suit, or proceeding arising
out of or related to a contract between a managed
care organization and a health care provider whose
confidentiality is otherwise protected by ORS 656.2
Statutory
Reference: ORS 656.260(6)(7) |
|
| |
|
|
|
6.
|
Information submitted in confidence with the agency's promise
not to disclose is considered confidential, except when the
information is otherwise required by law to be submitted.
|
|
|
Statutory
Reference: ORS 192.502(4)
|
|
7.
|
Any public records or information prohibited by federal law
or regulations from disclosure. For example, an injured worker's
social security number.
|
|
|
Statutory
Reference: ORS 192.502(8) and 42 USC § 405(c)(2)(C)(viii)(I)
(also known as "Chapter 7 of the Social Security Act")
|
|
8.
|
All Employment Division information provided to the Department
of Consumer and Business Services for the purpose of performing
its duties under ORS chapters 654 and 656. Information is
confidential and may not be released by the Department of
Consumer and Business Services in any manner that would identify
an employing unit or employee except to the extent necessary
to carry out the department's duties under ORS chapters 654
and 656, including administrative hearings and court proceedings
in which the Department of Consumer and Business Services
is a party.
|
|
|
Statutory
Reference: ORS 657.665(10)
|
|
9.
|
General Aptitude Test Battery (GATB) raw scores.
|
|
|
Statutory
Reference: There is no statutory reference. However,
under the GATB contract these scores cannot be released
without a valid interpretation. Specific division staff
can provide the interpretation.
|
|
10.
|
Vocational Rehabilitation Division (VRD) reports. VRD reports
require a specific written release by the subject worker.
|
|
|
Statutory
Reference: ORS 344.600 and Code of Federal Regulations
34, Part 361.38
|
|
11.
|
In-patient drug or alcohol treatment records require a specific
written release by the subject worker for specified reports.
The recipient of the documents must be advised in writing
by the sender not to disclose the information to any other
party. The Attorney General's office has indicated that a
medical release may be limited to relevant medical information
to persons entitled to receive the information, or the recipient
of the medical release may not be a proper person to receive
the information (e.g., claimant's spouse where worker has
been refused a "psychiatric" report).
|
|
|
Statutory
Reference: ORS 192.502(8) and Title 42 United States
Code, Section 290dd-2
|
|
12.
|
All information contained in open complaint files. According
to the Attorney General, these files are considered "preliminary
to investigation and are not subject to disclosure."
Access to this information is restricted until the case is
closed.
|
|
|
Statutory
Reference: ORS 192.502(1)
|
|
13.
|
Alternative dispute resolution communications are confidential
and may not be disclosed by the division or any party during
testimony in, or during discovery conducted as part of, or
introduced as evidence in, any subsequent administrative,
judicial or arbitration proceedings.
|
|
|
Statutory
Reference: ORS 36.220, ORS 36.256, and OAR 440-055-0015(7)
|
