NY Work Comp L § 136 (2021)
2021 New York Laws WKC - Workers' Compensation Article 7 - Miscellaneous Provisions. 136 - Workers' Compensation Fraud Inspector General.

§  136. Workers' compensation fraud inspector general. 1. Definitions. For the purposes of this section, the following definitions shall apply:  (a)  "Inspector  general"  means  the  workers'   compensation   fraud inspector general created by this section.  (b)  "Assistant inspector general" means a workers' compensation fraud assistant inspector general created by this section.   2. Appointment, compensation and removal.  Notwithstanding  any  other provision  of law, the governor shall appoint the inspector general. The board shall employ and the governor shall fix the  compensation  of  the inspector  general.  The  inspector general shall, and may do so without civil service examination, appoint and  the  board  shall  employ,  such assistant  inspectors  general  and  other  persons  as  he or she deems necessary, determine their  duties  and  fix  their  compensation.  Such assistant  inspectors  general  shall  assist  the  inspector general in carrying out the inspector general's duties and responsibilities as  set forth  in  this  section  and  shall  have  such  powers  as granted the inspector general under this section. Employees  appointed  pursuant  to this  section  without  civil service examination shall be placed in the noncompetitive class of the competitive service pursuant to  subdivision two-a  of  section forty-two of the civil service law and shall serve at the pleasure of the governor. The payment of salaries  and  compensation of  employees  appointed pursuant to this section shall be made pursuant to section one hundred forty-eight of this chapter.   3. Powers, duties and responsibilities. The  inspector  general  shall investigate  violations  of  the  laws and regulations pertaining to the operation of the workers' compensation  system.  The  inspector  general shall have the following powers, duties and functions:  (a)  to  conduct  and supervise investigations, within or without this state, of possible  fraud  and  other  violations  of  laws,  rules  and regulations pertaining to the workers' compensation system;  (b)  to  subpoena  witnesses,  administer  oaths or affirmations, take testimony and compel the production of such books, papers,  records  and documents  as  the  inspector  general  may  deem  to  be relevant to an investigation undertaken pursuant to this section;  (c) to report to the attorney general, the insurance frauds bureau, or other appropriate  law  enforcement  agency,  violations  found  through investigations  undertaken  pursuant to this section and to provide such materials and assistance as may be  necessary  or  appropriate  for  the successful investigation and prosecution of violations of this chapter;  (d)  to  submit  a written report, on an annual basis, to the governor and to the chair of the board, listing all activities undertaken to  the extent  such activities can be disclosed pursuant to subdivision five of this section; and  (e) to recommend legislative and regulatory changes  to  the  governor and to the chair of the board.   4.  Cooperation  of agency officials and employees. (a) In addition to the authority otherwise provided by this section, the inspector general, in carrying out the provisions of this section, is authorized:  (i) to have full and unrestricted  access  to  all  records,  reports, audits,  reviews,  documents,  papers, recommendations or other material maintained by the board or  any  other  state  agency  relating  to  the workers'  compensation  system,  with  respect  to  which  the inspector general has responsibilities under this section; and  (ii) to request such information, assistance and cooperation from  any federal,   state   or   local  government,  department,  board,  bureau, commission, or other agency or unit thereof  as  may  be  necessary  for carrying out the duties and responsibilities enjoined upon the inspector general  by  this section. State and local agencies or units thereof are  hereby authorized and directed to provide such  information,  assistance and cooperation.  (b) No person shall prevent, seek to prevent, interfere with, obstruct or  otherwise  hinder any investigation being conducted pursuant to this section.   5. Disclosure of information. The inspector general shall not publicly disclose information which is:  (a) a part of an ongoing investigation or prosecution; or  (b) specifically prohibited from disclosure by any other provision  of law.   The  disclosure  of  information in order to coordinate investigations with  the  insurance  frauds  bureau  of  the  department  of  financial services,  including the unit for workers' compensation insurance frauds investigations within such  insurance  frauds  bureau,  and  any  frauds investigations  unit  of the state insurance fund, to provide the report required by paragraph (c) of subdivision three of  this  section  or  to apprise  the  chair  of  ongoing  investigations shall not be considered public disclosure for purposes of this section.