NY Work Comp L § 110-A (2021)
2021 New York Laws WKC - Workers' Compensation Article 7 - Miscellaneous Provisions. 110-A - Confidentiality of Workers' Compensation Records.

§   110-a.   Confidentiality  of  workers'  compensation  records.  1. Restrictions on disclosure. (a) Except upon the order or subpoena  of  a court  of  competent  jurisdiction,  or  subpoena  of  a law enforcement agency,  or  subpoena  properly  issued  under  the  authority   of   an administrative agency, or in accordance with subdivision two or three of this  section,  no  workers'  compensation  record  shall  be disclosed, redisclosed,  released,  disseminated  or  otherwise  published  by   an officer, member, employee or agent of the board to any other person.  (b)  For  purposes of this section, (i) "record" means a claim file, a file regarding an injury or complaint for which no claim has been  made, and/or  any  records  maintained by the board in electronic databases in which individual claimants or workers are  identifiable,  or  any  other information  relating  to  any  person  who  has heretofore or hereafter reported an injury or filed a claim for workers' compensation  benefits, including  a copy or oral description of a record which is or was in the possession or custody of the board, its officers, members, employees  or agents.  (ii)  "person"  means  any  natural  person, corporation, association, partnership, or other public or private entity.  (iii)  "individually  identifiable   information"   means   any   data concerning  any  injury,  claim, or potential claim that is linked to an identifiable employee or other natural person.   2. Authorized disclosure. Workers' compensation records which  contain individually  identifiable  information may, unless otherwise prohibited by law, be disclosed to:  (a) those officers,  members  and  employees  of,  and  to  those  who contract  with,  the  board  if  such  disclosure  is  necessary  to the performance of their official duties pursuant to a purpose of the  board required  to  be accomplished by statute or executive order or otherwise necessary to perform their lawful duties;  (b) officers or employees of  another  governmental  unit,  or  agents and/or  contractors  of  the  governmental  unit  at  the request and/or direction of the governmental unit, if  the  information  sought  to  be disclosed  is necessary for the receiving governmental unit to operate a program or carry out  a  purpose  specifically  authorized  by  statute, including the investigation of a fraud, criminal offense or licensing or regulatory  violation,  or  to  act  upon  an  application  for benefits submitted by the person who is the subject of the record;  (c) a person who is the subject of the  particular  record  for  which disclosure  is  sought; or an attorney or licensed representative who is retained by the person who is the subject of the particular  record  for which disclosure is sought;  (d)  a  workers' compensation insurance carrier, employer or the state insurance fund, including officers,  employees,  legal  representatives, agents,  reinsurers  and contractors thereof, where such individuals are acting within the scope of their duties  in  evaluating,  processing  or settling  a  claim  involving  the  subject of the particular record for which disclosure is sought, and where such carrier, employer or fund  is a party to such claim;  (e)  a  judicial  or  administrative officer or employee in connection with an administrative or judicial proceeding; and  (f) a person engaged in bona fide statistical research, including  but not  limited  to actuarial studies and health and safety investigations, which are authorized by statute or regulation  of  the  board  or  other governmental  agency. Individually identifiable information shall not be disclosed unless the  researcher  has  entered  into  a  confidentiality agreement  with the board and has agreed that any research findings will not disclose individually identifiable information; and  (g) an insurer or health benefit plan including  officers,  employees, legal  representatives,  agents,  and  contractors  thereof,  where such individuals are acting within the scope of their  duties  in  evaluating compensation  records  for  the  purpose  of  determining entitlement to reimbursement  for  payments  made  for medical and/or hospital services pursuant to subdivisions  (d)  and  (h)  of  section  thirteen  of  this chapter.  (h)  a  treating  physician  or  other  health  care  provider who has rendered treatment to  a  claimant,  or  is  seeking  authorization  for treatment  or  special  services, (i) where the information sought to be disclosed relates to (a) compensability  of  a  claim  related  to  such treatment,  (b)  reimbursement  for such treatment, or (c) authorization for special services; or (ii) where the information to be  disclosed  is limited  to  notice  to  the  treating  physician  or  other health care provider that a waiver agreement has been initiated pursuant to  section thirty-two of this chapter.   3.  Individual  authorization.  Notwithstanding  the  restrictions  on disclosure set forth under subdivision one of this section, a person who is the subject of a  workers'  compensation  record  may  authorize  the release,  re-release  or  publication of his or her record to a specific person not otherwise authorized to receive such  record,  by  submitting written authorization for such release to the board on a form prescribed by  the  chair  or  by  a  notarized original authorization specifically directing the board to release workers'  compensation  records  to  such person.  However,  in accordance with section one hundred twenty-five of this article, no such authorization directing disclosure of records to a prospective  employer  shall  be  valid;  nor  shall  an   authorization permitting disclosure of records in connection with assessing fitness or capability  for  employment be valid, and no disclosure of records shall be made pursuant thereto.  It  shall  be  unlawful  for  any  person  to consider  for  the purpose of assessing eligibility for a benefit, or as the basis for an employment-related action, an individual's  failure  to provide authorization under this subdivision.   4.  It  shall  be  unlawful  for any person who has obtained copies of board  records  or  individually  identifiable  information  from  board records  to disclose such information to any person who is not otherwise lawfully entitled to obtain these records.   5.  Any  person  who  knowingly   and   willfully   obtains   workers' compensation records which contain individually identifiable information under false pretenses or otherwise violates this section shall be guilty of a class A misdemeanor and shall be subject upon conviction, to a fine of not more than one thousand dollars.   6.  In  addition  to  or  in lieu of any criminal proceeding available under this section, whenever there shall be a violation of this section, application may be made by the attorney  general  in  the  name  of  the people  of  the  state  of  New  York  to  a  court  or  justice  having jurisdiction by a special proceeding to issue an  injunction,  and  upon notice  to  the  defendant  of  not  less  than five days, to enjoin and restrain the continuance of such violations; and if it shall  appear  to the  satisfaction  of  the  court  or justice that the defendant has, in fact, violated this section, an injunction may be issued by  such  court or  justice,  enjoining  and  restraining any further violation, without requiring proof that any person has, in fact, been  injured  or  damaged thereby.  In  any  such proceeding, the court may make allowances to the attorney general as provided in paragraph  six  of  subdivision  (a)  of section  eighty-three hundred three of the civil practice law and rules, and direct restitution.  Whenever  the  court  shall  determine  that  a violation  of  this  section  has occurred, the court may impose a civil  penalty of not more than five hundred dollars for the  first  violation, and  not  more  than  one  thousand dollars for the second or subsequent violation within a three  year  period.  In  connection  with  any  such proposed  application,  the attorney general is authorized to take proof and make a determination of the relevant facts and to issue subpoenas in accordance with the civil practice law and rules.