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    Meyer Goldstein   
503-947-7723   

Public records exempt from disclosure

Workers’ compensation claim records

1.

Workers’ compensation claim records (paper and electronic) of the Department of Consumer and Business Services are except as provided otherwise by the department's rules 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 matters other than workers' compensation. An attorney retainer agreement is required. Information shall be used solely to represent his or her client(s) interest.

Statutory Reference: ORS 192.502(2)(20), OAR 436-060-0009(4), (5), and (8)
 

Managed care organization records

2.

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) 

3.

Data generated by or received in connection with service utilization review, quality assurance, dispute resolution, contract review, and peer review activities is exempt 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.
Statutory Reference: ORS 656.260(6),(7)
 

Other records

4.

Information submitted in confidence with the agency's promise not to disclose, except when the information is otherwise required by law to be submitted.

Statutory Reference: ORS 192.502(4) 

5.

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")

6.

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. This information 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)

7.

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.

8.

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

9.

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 must be limited to relevant medical information and 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

10.

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, and OAR 440-055-0008


If you have questions about this webpage, please contact Meyer Goldstein, 503-947-7723.