SF 2955

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to employment; allowing the fraud 
  1.3             investigation unit in the department of labor and 
  1.4             industry to share certain information with other 
  1.5             enforcement agencies; modifying data privacy 
  1.6             provisions in the department of labor and industry; 
  1.7             amending Minnesota Statutes 1996, sections 175.16, 
  1.8             subdivision 2; 176.231, subdivision 8; and 182.659, 
  1.9             subdivision 8.  
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  Minnesota Statutes 1996, section 175.16, 
  1.12  subdivision 2, is amended to read: 
  1.13     Subd. 2.  [FRAUD INVESTIGATION UNIT.] The department of 
  1.14  labor and industry shall contain a fraud investigation unit for 
  1.15  the purposes of investigating fraudulent or other illegal 
  1.16  practices of health care providers, employers, insurers, 
  1.17  attorneys, employees, and others related to workers' 
  1.18  compensation and to investigate other matters under the 
  1.19  jurisdiction of the department. 
  1.20     An investigator of the fraud investigation unit of the 
  1.21  department of labor and industry has the inspection authority of 
  1.22  the commissioner provided under section 182.659 and may apply 
  1.23  this authority to subjects of investigations under this 
  1.24  subdivision. 
  1.25     Notwithstanding section 176.231, the fraud investigation 
  1.26  unit may share investigative data obtained during the course of 
  1.27  an investigation or workers' compensation claim file information 
  2.1   with other local, county, state, or federal law enforcement 
  2.2   agencies. 
  2.3      Sec. 2.  Minnesota Statutes 1996, section 176.231, 
  2.4   subdivision 8, is amended to read: 
  2.5      Subd. 8.  [NO LIMITS ON PUBLIC INSPECTION OF REPORTS AND 
  2.6   OTHER CONTENTS OF WORKERS' COMPENSATION DIVISION FILES.] Subject 
  2.7   to subdivision 9, a report or its copy which has been filed with 
  2.8   the commissioner of the department of labor and industry under 
  2.9   this section is not available to public inspection.  Any person 
  2.10  who has access to such a report shall not disclose its contents 
  2.11  to anyone in any manner. 
  2.12     A person who unauthorizedly discloses a report or its 
  2.13  contents to another is guilty of a misdemeanor. 
  2.14     Any part of a workers' compensation division file that is 
  2.15  also part of a formal hearing record is public.  Except for 
  2.16  purposes of section 13.05, subdivision 7, all remaining parts of 
  2.17  a workers' compensation division file are private, but are 
  2.18  available to the parties to the action.  The existence of a file 
  2.19  is private, unless and until there has been a formal hearing in 
  2.20  the matter which results in a record.  
  2.21     Sec. 3.  Minnesota Statutes 1996, section 182.659, 
  2.22  subdivision 8, is amended to read: 
  2.23     Subd. 8.  Neither the commissioner nor any employee of the 
  2.24  department, including those employees of the department of 
  2.25  health providing services to the department of labor and 
  2.26  industry, pursuant to section 182.67, subdivision 1, is subject 
  2.27  to subpoena for purposes of inquiry into any occupational safety 
  2.28  and health inspection except in enforcement proceedings brought 
  2.29  under this chapter.  All written information, documentation and 
  2.30  reports gathered or prepared by the department pursuant to an 
  2.31  occupational safety and health inspection are public information 
  2.32  once the departmental inspection file is closed.