SF 1142

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to labor; modifying data practices provisions in the Department of Labor
and Industry; amending Minnesota Statutes 2006, sections 13.7905; 13.791,
subdivision 1; 175.10; 175.16, by adding a subdivision; 175.27; 175A.06;
176.138; 176.181, subdivision 8; 176.186; 176.231, subdivision 9; 176.391,
subdivision 3; proposing coding for new law in Minnesota Statutes, chapter
175; repealing Minnesota Statutes 2006, sections 175.24; 176.231, subdivision
8; 176.401; 176.421, subdivision 7.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2006, section 13.7905, is amended to read:

13.7905 LABOR AND INDUSTRY DATA CODED ELSEWHERE.

Subdivision 1.

Scope.

The sections referred to in subdivisions 2 to deleted text begin 6 deleted text end new text begin 7 new text end are codified
outside chapter 13. Those sections classify labor and industry data as other than public,
place restrictions on access to government data, or involve data sharing.

Subd. 2.

Department of Labor and Industry.

(a) Workers' Compensation
deleted text begin Division deleted text end new text begin Data new text end . deleted text begin Disclosure of proceedings of the Workers' Compensation Division deleted text end new text begin
Classification and disclosure of workers' compensation data in chapter 176 new text end is governed
by section .

(b) Computer access to data. Computer access to and electronic data interchange of
data maintained by the Department of Labor and Industry are governed by section 175.171.

deleted text begin (c) deleted text begin Reporters. deleted text end Disclosure of the names of certain persons supplying information to
the Department of Labor and Industry is prohibited by sections and .
deleted text end

Subd. 3.

deleted text begin Workers' compensation deleted text end new text begin Loggers; payroll data new text end .

deleted text begin (a) Loggers; payroll
data. deleted text end Data sharing of payroll data by the commissioner of labor and industry with a
workers' compensation insurer or the Workers' Compensation Insurance Association, is
governed by section 176.130, subdivision 5.

deleted text begin (b) deleted text begin Medical data. deleted text end Access to medical data in connection with a workers'
compensation claim is governed by section .
deleted text end

deleted text begin (c) deleted text begin Employment status. deleted text end Data sharing, between the commissioner of labor and
industry and other persons, regarding the employment status of individuals, is governed
by section deleted text begin 176.181, subdivision 8 deleted text end .
deleted text end

deleted text begin (d) deleted text begin Identity of reporters. deleted text end Access to the identity of anyone reporting that an
employer may not have workers' compensation insurance is governed by section deleted text begin 176.184,
subdivision 5 deleted text end .
deleted text end

deleted text begin (e) deleted text begin Report of death or injury to labor and industry. deleted text end Access to a report of worker
injury or death during the course of employment filed by an employer under section
is governed by sections deleted text begin 176.231, subdivisions 8 and 9 deleted text end , and .
deleted text end

Subd. 4.

Employee organization; authorization signatures.

Representation
authorization signatures, contained in employee organization petitions or joint requests,
are classified by section 179A.12, subdivision 6.

Subd. 5.

Terms of employment.

(a) Disclosure of lie detector tests. Disclosure of
lie detector tests is governed by section 181.76.

(b) Identity of employees making complaints.The disclosure of the identity of
employees making certain complaints is also governed by section 181.932, subdivision 2.

(c) Employee drug and alcohol test results.Test results and other information
acquired in the drug and alcohol testing process, with respect to public sector employees
and applicants, are classified by section 181.954, subdivision 2, and access to them is
governed by section 181.954, subdivision 3.

new text begin (d) Apprenticeship investigation data. Data collected, created, or maintained as
part of the director of the Division of Labor Standards and Apprenticeship's investigation
and subsequent hearings under section 178.09, subdivision 1, are classified under section
175.16, subdivision 3, paragraph (c).
new text end

new text begin (e) Wage survey data. Data collected for wage surveys submitted to the department
pursuant to sections 177.41 to 177.44 are classified under section 175.16, subdivision 3.
new text end

new text begin (f) Payroll data. Payroll data on employees submitted to the department under
chapters 177, 181, and 181A are classified under section 175.16, subdivision 3, paragraph
(e).
new text end

new text begin (g) Complaint, investigation, and enforcement action data. The following data
are classified under section 175.16, subdivision 3:
new text end

new text begin (1) data that identifies an individual who has made a complaint with the department
asserting facts that may constitute a violation of chapters 177 and 181A, or the provisions
of chapter 181 that are under the department's jurisdiction to administer and enforce; and
new text end

new text begin (2) data that identifies an individual who has responded to a department request for
information as part of a department investigation or enforcement action under chapter
177, 181, or 181A.
new text end

Subd. 6.

Occupational safety and health.

Certain data gathered or prepared by the
commissioner of labor and industry as part of occupational safety and health inspections
are classified under sections 182.659, subdivision 8, and 182.668, subdivision 2.

new text begin Subd. 7. new text end

new text begin Investigation and enforcement data. new text end

new text begin Data related to enforcement actions
or investigations initiated by the department, the Medical Services Review Board or the
rehabilitation review panel are governed by sections 175.16, subdivision 3, and 175.40.
new text end

Sec. 2.

Minnesota Statutes 2006, section 13.791, subdivision 1, is amended to read:

Subdivision 1.

General.

Unless the data is summary data or is otherwise classified
by statute or federal law, all data collected and maintained by deleted text begin the Department of Labor and
Industry or deleted text end the Department of Employment and Economic Development that pertain to
individuals applying for or receiving rehabilitation services is private data on individuals. new text begin
Data collected and maintained by the Department of Labor and Industry that pertain to
individuals applying for or receiving rehabilitation services under chapter 176 is governed
by section 175.40.
new text end

Sec. 3.

Minnesota Statutes 2006, section 175.10, is amended to read:

175.10 deleted text begin SESSIONS TO BE PUBLIC deleted text end new text begin HOURS OF OPERATION new text end .

The Department of Labor and Industry shall be open for the transaction of business
during all business hours of each and every day, excepting Saturdays, Sundays, and legal
holidays. deleted text begin The hearings of the Workers' Compensation Division are open to the public and
may be adjourned from time to time. All the proceedings of the division shall be shown
on its records, which are public records.
deleted text end

Sec. 4.

Minnesota Statutes 2006, section 175.16, is amended by adding a subdivision
to read:

new text begin Subd. 3. new text end

new text begin Use of department data. new text end

new text begin (a) The terms used in this subdivision have the
following meanings for purposes of this subdivision:
new text end

new text begin (1) "Commissioner" means the commissioner of the Department of Labor and
Industry.
new text end

new text begin (2) "Department" means the Department of Labor and Industry, and includes the
commissioner of labor and industry and persons employed by, or under contract with, the
department to perform responsibilities under laws within the department's jurisdiction.
new text end

new text begin (3) "Enforcement action" means a proceeding initiated by the department, board,
or panel that may result in a penalty, fine, or sanction for violation of laws within the
jurisdiction of the department or may result in an order for compliance with laws within
the department's jurisdiction.
new text end

new text begin (4) "Investigation" means an inspection, investigation, audit, review, inquiry,
or examination to administer, enforce, and monitor compliance with laws within the
department's jurisdiction.
new text end

new text begin (b) The following data is private data under section 13.02, subdivision 12:
new text end

new text begin (1) data that identifies an individual who has made a complaint with the department
asserting facts that may constitute a violation of chapters 177 and 181A, or the provisions
of chapter 181 that are under the department's jurisdiction to administer and enforce; and
new text end

new text begin (2) data that identifies an individual who has responded to a department request for
information as part of a department investigation or enforcement action under chapter
177, 181, or 181A.
new text end

new text begin (c) Data collected, created, or maintained as part of the director of the Division of
Labor Standards and Apprenticeship's investigation under section 178.09, subdivision 1,
is protected nonpublic data with respect to data not on individuals and confidential data
with respect to data on individuals. After the director's determination is filed with the
commissioner pursuant to section 178.09, subdivision 2, the data shall continue to be
classified as protected nonpublic and confidential except as follows:
new text end

new text begin (1) access to the data shall be given to the persons who signed the apprenticeship
agreement investigated; and
new text end

new text begin (2) if the director's determination is appealed under section 178.09, subdivision 2,
the director may submit the data to the hearing board for consideration in the hearing
board's deliberations of the appeal.
new text end

new text begin The hearing before the hearing board is public. The hearing board's findings of fact,
recommended decision, and memorandum are nonpublic data with respect to data
not on individuals and confidential data with respect to data on individuals until the
commissioner issues a decision under section 178.09, subdivision 2. Upon issuance of
the commissioner's decision, the hearing board's findings of fact, recommended decision,
and memorandum and the commissioner's decision, findings of fact, and memorandum or
reasons are public data.
new text end

new text begin (d) For surveys submitted to the department pursuant to sections 177.41 to 177.44,
the following data is private data in the case of data on individuals under section 13.02,
subdivision 12, and nonpublic data in the case of data not on individuals under section
13.02, subdivision 9:
new text end

new text begin (1) the names of employees;
new text end

new text begin (2) the names, addresses, and telephone numbers of employers;
new text end

new text begin (3) the names, addresses, and telephone numbers of entities submitting the data; and
new text end

new text begin (4) the names and signatures of persons signing the surveys on behalf of an entity.
new text end

new text begin (e) The names, addresses, Social Security numbers, and telephone numbers of
employees on payroll data submitted to the department under chapters 177, 181, and 181A
are private data under section 13.02, subdivision 12.
new text end

new text begin (f) Persons employed by or under contract with the department may have access
to and may use any data collected, created, received, maintained, or disseminated by the
department if the data will assist them in performing responsibilities under laws within
the department's jurisdiction, unless otherwise provided by federal law. The department
may use the data in its administrative and civil proceedings.
new text end

new text begin (g) The following data may be released to or referred to another state agency:
new text end

new text begin (1) not public data related to a department enforcement action or investigation may
be released to another state agency as part of a state investigation;
new text end

new text begin (2) workers' compensation claim or workers' compensation injury data may be
released or referred to another state agency as part of a state investigation; and
new text end

new text begin (3) if the department is unable to locate an employee who is owed back wages or
other money pursuant to section 177.27, subdivision 7, the department may provide the
employee's Social Security number to the Department of Commerce for use under the
Uniform Distribution of Unclaimed Property Act in chapter 345.
new text end

new text begin (h) Data related to an enforcement action or investigation initiated by the department
that is classified as not public or the release of which is limited by statute, may be released
to the public or any person when the department in its discretion determines that the
release will aid the law enforcement process, promote public health or safety, or dispel
widespread rumor or unrest.
new text end

Sec. 5.

Minnesota Statutes 2006, section 175.27, is amended to read:

175.27 DISCLOSURE OF NAMES OF PERSONS GIVING INFORMATION;
REFUSAL TO TESTIFY; DENYING ADMISSION; PENALTY.

deleted text begin Any employee of the Department of Labor and Industry who shall disclose the
names of any persons supplying information at the request of such department shall be
guilty of a misdemeanor. Any person who, having been duly subpoenaed, shall refuse
to attend or testify in any hearing under the direction of the Department of Labor and
Industry shall be guilty of a misdemeanor. deleted text end Any owner or occupant of any place of
employment who shall refuse to admit thereto any employee of the department seeking
entrance in the discharge of the employee's duties, shall be guilty of a misdemeanor. Any
person, firm, or corporation, or any of its officers or agents, who or which shall refuse to
file with the department such reports as are required by it under the provisions of sections
175.24 to 175.27 shall be guilty of a misdemeanor.

Sec. 6.

new text begin [175.40] WORKERS' COMPENSATION DATA.
new text end

new text begin Subdivision 1. new text end

new text begin General standard for workers' compensation data.
new text end

new text begin Notwithstanding any contrary provision in chapter 13 or 176, all data collected, created,
received, maintained, or disseminated by the department, the Office of Administrative
Hearings or the Workers' Compensation Court of Appeals related to a workers'
compensation claim or injury, or related to a department investigation or enforcement
action under chapter 176, are classified as protected nonpublic data pursuant to section
13.02, subdivision 13, in the case of data not on individuals, and confidential data pursuant
to section 13.02, subdivision 3, in the case of data on individuals, except as provided
in this chapter.
new text end

new text begin Subd. 2. new text end

new text begin Definitions. new text end

new text begin (a) The terms used in this section have the following meanings
for purposes of this section.
new text end

new text begin (b) "Commissioner" means the commissioner of the department.
new text end

new text begin (c) "Board" means the Medical Services Review Board established under section
176.103.
new text end

new text begin (d) "Confidential data" has the meaning given in section 13.02, subdivision 3.
new text end

new text begin (e) "Department" means the Department of Labor and Industry, and includes the
commissioner of labor and industry and persons employed by, or under contract with, the
department to perform responsibilities under laws within the department's jurisdiction.
new text end

new text begin (f) "Division file" means the official file created and maintained by the department to
retain paper, imaged, or electronic data related to an employee's workers' compensation
claim or injury under chapter 176. It does not include paper, imaged, or electronic data
in the special compensation fund or vocational rehabilitation unit files, or data created,
used, or maintained by the department for internal operational purposes. The Office of
Administrative Hearings and the Workers' Compensation Court of Appeals also use the
division file in litigated cases.
new text end

new text begin (g) "Employee identification number" means the number that may be assigned by
the department to identify an employee with a workers' compensation claim in addition to
the employee's Social Security number.
new text end

new text begin (h) "Enforcement action" means a proceeding initiated by the department, board, or
panel that may result in a penalty, fine, or sanction for violation of workers' compensation
laws or that may result in an order for compliance with workers' compensation laws.
new text end

new text begin (i) "Investigation" means an investigation, inspection, audit, file review, inquiry, or
examination performed by the department to administer, enforce, and monitor compliance
with workers' compensation laws within the department's jurisdiction.
new text end

new text begin (j) "Not public data" has the meaning given in section 13.02, subdivision 8a.
new text end

new text begin (k) "Panel" means the Rehabilitation Review Panel established under section
176.102.
new text end

new text begin (l) "Person" means any individual, limited liability company, corporation,
partnership, incorporated or unincorporated association, sole proprietorship, join stock
company, or any other legal, governmental, or commercial entity.
new text end

new text begin (m) "Private data" has the meaning given in section 13.02, subdivision 12.
new text end

new text begin (n) "Protected nonpublic data" has the meaning given in section 13.02, subdivision
13.
new text end

new text begin (o) "Public data" means public data on individuals as defined in section 13.02,
subdivision 10, or public data not on individuals as defined in section 13.02, subdivision
14.
new text end

new text begin Subd. 3. new text end

new text begin Employment and insurance data. new text end

new text begin The following workers' compensation
insurance coverage data collected, created, received, maintained, or disseminated by the
department, or by an entity with whom the department has contracted pursuant to section
176.185, subdivision 10, is public data:
new text end

new text begin (1) historical and recent action on an insurance policy, such as a new policy,
correction, binder, reinstatement, expiration, cancellation, termination, or notice of intent
to provide insurance;
new text end

new text begin (2) the employer's legal name;
new text end

new text begin (3) every "doing business as" name used by the employer;
new text end

new text begin (4) the employer's legal form of ownership, such as corporation, partnership, limited
partnership, or government entity, and the names of all owners and partners including, for
limited partnerships, the names of general partners;
new text end

new text begin (5) the employer's complete mailing address, including zip code;
new text end

new text begin (6) the nature of the employer's business;
new text end

new text begin (7) the policy number;
new text end

new text begin (8) the effective and expiration dates of the policy;
new text end

new text begin (9) the name of the insurance carrier;
new text end

new text begin (10) the insurance carrier office issuing the policy;
new text end

new text begin (11) the type of cancellation, if applicable;
new text end

new text begin (12) the reason for cancellation, if applicable;
new text end

new text begin (13) the effective date of cancellation, if applicable;
new text end

new text begin (14) the employer's federal employer identification number and unemployment
account number; and
new text end

new text begin (15) any exclusion from coverage that has been filed with the department under
section 176.041.
new text end

new text begin Subd. 4. new text end

new text begin Workers' compensation division file data. new text end

new text begin (a) In addition to release of
data permitted under subdivisions 5, 6, 7, and 8, data in the division file may be released
as follows:
new text end

new text begin (1) without an authorization:
new text end

new text begin (i) to the employee who is the injured worker, or, if the employee is deceased, to the
employee's dependents;
new text end

new text begin (ii) to the employer and insurer for the employee's claim or injury; and
new text end

new text begin (iii) to the department, the Office of Administrative Hearings, and the Workers'
Compensation Court of Appeals as needed to perform responsibilities under applicable
law;
new text end

new text begin (2) with an authorization:
new text end

new text begin (i) to an individual or entity that the employee, or a dependent of a deceased
employee, has identified by name on the authorization as authorized to receive the data; and
new text end

new text begin (ii) to an individual or entity that the employer or insurer for the claimed date of
injury has identified by name on the authorization as authorized to receive the data, if
the person is acting on the employer or insurer's behalf in performing responsibilities
under chapter 176.
new text end

new text begin Authorizations under this clause must be in writing, and must include the printed name
and dated signature of the employee or dependent, employer, or insurer; the specific data
to be released; and the name of the individual or entity that is authorized to receive the
data. Except as otherwise provided in clause (3), authorizations are valid for the time
period specified in the authorization, but for no longer than one year from the date the
authorization was signed. The employee or dependent, employer, or insurer may revoke
an authorization by filing written notice with the department at any time, which shall be
effective upon receipt by the department.
new text end

new text begin (b) The department may release data to an attorney for the employee, dependent,
employer, or insurer for five years after the date of a signed and dated notice of
representation, or for five years after the attorney files a pleading or other document in
connection with a workers' compensation dispute, whichever is later. However, data may
not be released to the attorney after the department receives written notice that the attorney
no longer represents the employee, dependent, employer, or insurer.
new text end

new text begin (c) If the department receives information that indicates that identifying or contact
information for an employee, dependent, employer, insurer, or insurance administrator
is erroneous or no longer accurate, the department may update the information in all
relevant workers' compensation files to reflect:
new text end

new text begin (1) the current and accurate name, address, Social Security number or employee
identification number, and contact information for an employee, unless the employee
notifies the commissioner in writing that the information in a workers' compensation file
for a specific date of injury may not be updated; and
new text end

new text begin (2) the current and accurate name, address, and contact information for an employer,
insurer, or insurance administrator.
new text end

new text begin Subd. 5. new text end

new text begin Research and statistical data. new text end

new text begin (a) The department, Office of
Administrative Hearings and the Workers' Compensation Court of Appeals may not release
workers' compensation summary data, notwithstanding section 13.02, subdivision 19, and
13.05, subdivision 7, unless it meets the requirements of this subdivision. These agencies
may, at each agency's discretion, release workers' compensation claims and injury data
and data related to investigations and enforcement actions under chapter 176 as follows:
new text end

new text begin (1) the agency may make public aggregate statistics it has prepared for uses
consistent with its responsibilities under Minnesota law;
new text end

new text begin (2) the agency may prepare and make public aggregate statistics upon the request of
any person if the request is in writing and the cost of preparing the aggregate statistics is
borne by the requesting person; and
new text end

new text begin (3) the department may release workers' compensation claims and injury data and
data related to a department investigation or enforcement action under chapter 176 to an
academic researcher at a university or college if all of the following requirements are
satisfied:
new text end

new text begin (i) the researcher's purpose is set forth in writing;
new text end

new text begin (ii) the research purpose cannot reasonably be accomplished without access to
data which is specific to a person;
new text end

new text begin (iii) the data will not be used for the purpose of contacting a person to participate
in the research;
new text end

new text begin (iv) the research has been approved by the university's or college's institutional
review board;
new text end

new text begin (v) the department approves conditions governing security and confidentiality; the
removal or destruction of the data, except aggregate statistics, at the earliest reasonable
time; and the prohibition of any subsequent use or disclosure of the data, except aggregate
statistics, without the express authorization of the department; and
new text end

new text begin (vi) the researcher signs an agreement to comply with the conditions of this
subdivision and any other conditions the agency deems necessary to ensure that the data is
used only in accordance with this subdivision.
new text end

new text begin The department is not liable for the researcher's breach of the conditions in this clause.
new text end

new text begin (b) For purposes of this subdivision:
new text end

new text begin (1) "Aggregate statistics" includes, but is not limited to, averages, totals, standard
deviations, regression parameters, and similar numbers that summarize information
from multiple records. An aggregate statistic must include at least one measurement or
observation from each of at least five members of the population being analyzed. No one
member of the population can account for more than 60 percent of the aggregate statistic.
new text end

new text begin (2) "Accredited university or college" means a college or university that meets at
least one of these criteria:
new text end

new text begin (i) accredited by an accreditor recognized by Council on Higher Education
Accreditation or the United States Department of Education;
new text end

new text begin (ii) listed in the Commonwealth Universities Yearbook;
new text end

new text begin (iii) listed in UNESCO's Handbook of Universities;
new text end

new text begin (iv) listed in the World Education Series published by Project in International
Education Research (PIER); or
new text end

new text begin (v) listed by the Australian Qualifications Framework.
new text end

new text begin (3) "Academic researcher" means a graduate student or employee on the teaching or
research staff of an accredited university or college conducting research intended for a
graduate dissertation or publication in a peer-reviewed scholarly journal.
new text end

new text begin (4) "Institutional review board" means a committee of university or college faculty,
staff, and students that reviews research projects that involve human subjects to ensure
that appropriate ethical and professional standards are met.
new text end

new text begin (c) Data collected by the department from persons who respond to a request for
information for a workers' compensation research study, or to a workers' compensation
survey, conducted by the department is private data on individuals and nonpublic data in
the case of data not on individuals.
new text end

new text begin Subd. 6. new text end

new text begin Workers' compensation dispute resolution data. new text end

new text begin (a) Hearings and the
current calendar of scheduled hearings, conferences, or other proceedings before workers'
compensation judges and administrative law judges at the Office of Administrative
Hearings, the Workers' Compensation Court of Appeals, the board and the panel, are
public and may be posted at the site of the proceeding and online, except for employee
Social Security numbers or employee identification numbers.
new text end

new text begin (b) The following data is public data:
new text end

new text begin (1) decisions and orders issued by workers' compensation judges at the Office
of Administrative Hearings following evidentiary hearings or issued by workers'
compensation judges under section 176.322, except for employee Social Security numbers
and employee identification numbers. This clause applies to decisions and orders issued
by workers' compensation judges on or after the effective date of this clause.
new text end

new text begin (2) decisions, orders, and reports issued by administrative law judges following
contested case proceedings at the Office of Administrative Hearings, and decisions and
orders issued by the board and panel under sections 176.102 and 176.103; and
new text end

new text begin (3) decisions and orders issued and maintained by the Workers' Compensation
Court of Appeals.
new text end

new text begin (c) Workers' compensation litigation data is data that is filed with the department, the
Office of Administrative Hearings or the Workers' Compensation Court of Appeals as part
of the litigation, or data that is served on a party to the litigation by a party, an agency, or a
court. Litigation data includes data that is part of the hearing or appellate record. Workers'
compensation litigation data may be released to the employee, dependent, employer,
insurer, or other party to the litigation in the same manner as specified in subdivision 4.
Workers' compensation litigation data may also be released to a person who is authorized
to act on behalf of an intervenor in the litigation.
new text end

new text begin (d) The department, the Office of Administrative Hearings and the Workers'
Compensation Court of Appeals may release workers' compensation litigation data to the
department, the Office of Administrative Hearings, the Workers' Compensation Court of
Appeals, the Supreme Court, or any other court when the agency or court needs the data to
perform its responsibilities under applicable law. Agency or court staff may use the data
as necessary to perform their responsibilities under applicable law.
new text end

new text begin Subd. 7. new text end

new text begin Investigative and enforcement data. new text end

new text begin (a) In addition to data that is public
data under subdivision 6, the following data related to an investigation or enforcement
action are public:
new text end

new text begin (1) pleadings, exhibits, awards on stipulations, and other data made part of the
record of a proceeding in a court, the Office of Administrative Hearings, or the board or
the panel, unless protected by a court or administrative law judge order;
new text end

new text begin (2) a written settlement agreement between the department and a person or an
entity that is the subject of an investigation or enforcement action if the agreement is not
required by law to be approved by a judge. If the agreement is required to be approved by
a judge, the agreement becomes public when the award on stipulation or other required
approval has been issued; and
new text end

new text begin (3) a final order of the department.
new text end

new text begin For purposes of this clause, "final order" means that: (i) no objection, appeal, or request
for hearing or appeal has been filed in the manner and within the time provided by law;
(ii) an objection, appeal, or request for hearing has been withdrawn; (iii) a settlement
agreement or stipulation resolving all or part of the matter has been signed by all parties
and, if required by law, has been approved by a judge; or (iv) all appeals have been
exhausted or waived.
new text end

new text begin The data described in this paragraph become public only for proceedings initiated in or
after the effective date of this paragraph, unless the data are already public under another
law.
new text end

new text begin (b) Notwithstanding paragraph (a), the names, Social Security numbers, and
employee identification numbers of employees with workers' compensation claims and
their dependents, and the identity of persons filing a complaint with the department about
the subject of the investigation or enforcement action are private or nonpublic.
new text end

new text begin (c) Data related to an enforcement action or investigation under chapter 176 is
available as provided in subdivision 4 if the department maintains the data in the division
file for an employee.
new text end

new text begin Subd. 8. new text end

new text begin Other department data. new text end

new text begin Data related to a workers' compensation claim
or injury, or related to a department investigation or enforcement action under chapter
176 may be disclosed as permitted by sections 175.16, subdivision 3; 176.130; 176.181;
176.184; 176.194; 176.195; 176.222; 176.223; 176.231; 176.234; and 176.862.
new text end

Sec. 7.

Minnesota Statutes 2006, section 175A.06, is amended to read:

175A.06 SESSIONS TO BE PUBLIC.

The hearings of the Workers' Compensation Court of Appeals shall be open to the
public and may be adjourned from time to time. deleted text begin All the proceedings of the court shall be
shown on its records, which shall be public records.
deleted text end

Sec. 8.

Minnesota Statutes 2006, section 176.138, is amended to read:

176.138 MEDICAL DATA; ACCESS.

(a) Notwithstanding any other state laws related to the privacy of medical data or
any private agreements to the contrary, the release in writing, by telephone discussion, or
otherwise of medical data related to a current claim for compensation under this chapter to
the employee, employer, or insurer who are parties to the claim, or to the Department of
Labor and Industry, shall not require prior approval of any party to the claim. This section
does not preclude the release of medical data under deleted text begin section 175.10 or deleted text end new text begin sections 175.40
and new text end 176.231, subdivision 9. Requests for pertinent data shall be made, and the date of
discussions with medical providers about medical data shall be confirmed, in writing to the
person or organization that collected or currently possesses the data. Written medical data
that exists at the time the request is made shall be provided by the collector or possessor
within seven working days of receiving the request. Nonwritten medical data may be
provided, but is not required to be provided, by the collector or possessor. In all cases of a
request for the data or discussion with a medical provider about the data, except when it is
the employee who is making the request, the employee shall be sent written notification
of the request by the party requesting the data at the same time the request is made or a
written confirmation of the discussion. This data shall be treated as private data by the
party who requests or receives the data and the party receiving the data shall provide the
employee or the employee's attorney with a copy of all data requested by the requester.

(b) Medical data which is not directly related to a current injury or disability shall
not be released without prior authorization of the employee.

(c) The commissioner may impose a penalty of up to $600 payable to the
commissioner for deposit in the assigned risk safety account against a party who does not
timely release data as required in this section. A party who does not treat this data as
private pursuant to this section is guilty of a misdemeanor. This paragraph applies only to
written medical data which exists at the time the request is made.

(d) Workers' compensation insurers and self-insured employers may, for the sole
purpose of identifying duplicate billings submitted to more than one insurer, disclose to
health insurers, including all insurers writing insurance described in section 60A.06,
subdivision 1, clause (5)(a), nonprofit health service plan corporations subject to chapter
62C, health maintenance organizations subject to chapter 62D, and joint self-insurance
employee health plans subject to chapter 62H, computerized information about dates,
coded items, and charges for medical treatment of employees and other medical billing
information submitted to them by an employee, employer, health care provider, or other
insurer in connection with a current claim for compensation under this chapter, without
prior approval of any party to the claim. The data may not be used by the health insurer
for any other purpose whatsoever and must be destroyed after verification that there has
been no duplicative billing. Any person who is the subject of the data which is used in
a manner not allowed by this paragraph has a cause of action for actual damages and
punitive damages for a minimum of $5,000.

Sec. 9.

Minnesota Statutes 2006, section 176.181, subdivision 8, is amended to read:

Subd. 8.

Data sharing.

(a) The Departments of Labor and Industry, Employment
and Economic Development, Human Services, Agriculture, Transportation, and Revenue
are authorized to share information regarding the employment status of individuals,
including but not limited to new text begin Social Security numbers and new text end payroll and withholding and
income tax information, and may use that information for purposes consistent with
this section and regarding the employment or employer status new text begin and federal employer
identification numbers new text end of individuals, partnerships, limited liability companies,
corporations, or employers, including, but not limited to, general contractors, intermediate
contractors, and subcontractors. The commissioner shall request data in writing new text begin or
pursuant to a state agency agreement, new text end and the responding department shall respond to the
request by producing the requested data within 30 days.

(b) The commissioner is authorized to inspect and to order the production of all
payroll and other business records and documents of any alleged employer in order to
determine the employment status of persons and compliance with this section. If any
person or employer refuses to comply with such an order, the commissioner may apply to
the district court of the county where the person or employer is located new text begin or may apply to
Ramsey County or the county where the nearest office of the Department of Labor and
Industry is located, new text end for an order compelling production of the documents.

Sec. 10.

Minnesota Statutes 2006, section 176.186, is amended to read:

176.186 RECORDS FROM OTHER STATE AGENCIES.

Notwithstanding any other state law to the contrary except chapter 270B,
the commissioner may obtain from the Department of Employment and Economic
Development, and Office of the Secretary of State, or any other state agency, upon request,
names or lists of employers doing business in the state. deleted text begin This information shall be treated
by the commissioner in the manner provided by chapter 13 and shall be used only for
insurance verification by the commissioner deleted text end new text begin Release and use of this data is governed by
sections 175.16, subdivision 3, and 175.40 new text end .

Sec. 11.

Minnesota Statutes 2006, section 176.231, subdivision 9, is amended to read:

Subd. 9.

deleted text begin Uses which may be made of deleted text end Reports.

Reports filed with the commissioner
under this section deleted text begin may be used in hearings held under this chapter, and for the purpose of
state investigations and for statistics. These reports deleted text end are available to the Department of
Revenue for use in enforcing Minnesota income tax and property tax refund laws, and the
information shall be protected as provided in chapter 270B.

deleted text begin The division or Office of Administrative Hearings or Workers' Compensation Court
of Appeals may permit the examination of its file by the employer, insurer, employee, or
dependent of a deceased employee or any person who furnishes written authorization to do
so from the employer, insurer, employee, or dependent of a deceased employee. deleted text end Reports
filed under this section and other information the commissioner has regarding injuries or
deaths shall be made available to the Workers' Compensation Reinsurance Association for
use by the association in carrying out its responsibilities under chapter 79.

Sec. 12.

Minnesota Statutes 2006, section 176.391, subdivision 3, is amended to read:

Subd. 3.

Reports.

The report of a physician, surgeon, or other expert shall be filed
with the commissioner and the compensation judge assigned to the matter if any. The
report shall be made a part of the record of the case deleted text begin and be open to inspection as such deleted text end .

Sec. 13. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2006, sections 175.24; 176.231, subdivision 8; 176.401; and
176.421, subdivision 7, new text end new text begin are repealed.
new text end