§ 110-a. Confidentiality of workers' compensation records. 1.\nRestrictions on disclosure. (a) Except upon the order or subpoena of a\ncourt of competent jurisdiction, or subpoena of a law enforcement\nagency, or subpoena properly issued under the authority of an\nadministrative agency, or in accordance with subdivision two or three of\nthis section, no workers' compensation record shall be disclosed,\nredisclosed, released, disseminated or otherwise published by an\nofficer, member, employee or agent of the board to any other person.\n (b) For purposes of this section, (i) "record" means a claim file, a\nfile regarding an injury or complaint for which no claim has been made,\nand/or any records maintained by the board in electronic databases in\nwhich individual claimants or workers are identifiable, or any other\ninformation relating to any person who has heretofore or hereafter\nreported an injury or filed a claim for workers' compensation benefits,\nincluding a copy or oral description of a record which is or was in the\npossession or custody of the board, its officers, members, employees or\nagents.\n (ii) "person" means any natural person, corporation, association,\npartnership, or other public or private entity.\n (iii) "individually identifiable information" means any data\nconcerning any injury, claim, or potential claim that is linked to an\nidentifiable employee or other natural person.\n 2. Authorized disclosure. Workers' compensation records which contain\nindividually identifiable information may, unless otherwise prohibited\nby law, be disclosed to:\n (a) those officers, members and employees of, and to those who\ncontract with, the board if such disclosure is necessary to the\nperformance of their official duties pursuant to a purpose of the board\nrequired to be accomplished by statute or executive order or otherwise\nnecessary to perform their lawful duties;\n (b) officers or employees of another governmental unit, or agents\nand/or contractors of the governmental unit at the request and/or\ndirection of the governmental unit, if the information sought to be\ndisclosed is necessary for the receiving governmental unit to operate a\nprogram or carry out a purpose specifically authorized by statute,\nincluding the investigation of a fraud, criminal offense or licensing or\nregulatory violation, or to act upon an application for benefits\nsubmitted by the person who is the subject of the record;\n (c) a person who is the subject of the particular record for which\ndisclosure is sought; or an attorney or licensed representative who is\nretained by the person who is the subject of the particular record for\nwhich disclosure is sought;\n (d) a workers' compensation insurance carrier, employer or the state\ninsurance fund, including officers, employees, legal representatives,\nagents, reinsurers and contractors thereof, where such individuals are\nacting within the scope of their duties in evaluating, processing or\nsettling a claim involving the subject of the particular record for\nwhich disclosure is sought, and where such carrier, employer or fund is\na party to such claim;\n (e) a judicial or administrative officer or employee in connection\nwith an administrative or judicial proceeding; and\n (f) a person engaged in bona fide statistical research, including but\nnot limited to actuarial studies and health and safety investigations,\nwhich are authorized by statute or regulation of the board or other\ngovernmental agency. Individually identifiable information shall not be\ndisclosed unless the researcher has entered into a confidentiality\nagreement with the board and has agreed that any research findings will\nnot disclose individually identifiable information; and\n (g) an insurer or health benefit plan including officers, employees,\nlegal representatives, agents, and contractors thereof, where such\nindividuals are acting within the scope of their duties in evaluating\ncompensation records for the
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