Section 23.30.107. Release of information.

   (a) Upon written request, an employee shall provide written authority to the employer, carrier, rehabilitation specialist, or reemployment benefits administrator to obtain medical and rehabilitation information relative to the employee's injury. The request must include notice of the employee's right to file a petition for a protective order with the division and must be served by certified mail to the employee's address on the notice of injury or by hand delivery to the employee. This subsection may not be construed to authorize an employer, carrier, rehabilitation specialist, or reemployment benefits administrator to request medical or other information that is not applicable to the employee's injury.
   (b) Medical or rehabilitation records, and the employee's name, address, social security number, electronic mail address, and telephone number contained on any record, in an employee's file maintained by the division or held by the board or the commission are not public records subject to public inspection and copying under AS 40.25.100 - 40.25.295. This subsection does not prohibit
        (1) the reemployment benefits administrator, the division, the board, the commission, or the department from releasing medical or rehabilitation records in an employee's file, without the employee's consent, to a physician providing medical services under AS 23.30.095(k) or 23.30.110(g), a party to a claim filed by the employee, or a governmental agency; or
        (2) the quoting or discussing of medical or rehabilitation records contained in an employee's file during a hearing on a claim for compensation or in a decision or order of the board or commission.
   (c) The division may not assemble, or provide information respecting, individual records for commercial purposes that are outside the scope of this chapter.
   (d) An employee may elect to authorize the disclosure of the employee's name, address, social security number, electronic mail address, and telephone number contained in a record described in (b) of this section by signing a declaration on a form provided by the division.

Authorities

23.30.108

Notes

Recent Bills that will modify this

HB 214 REPEAL WORKERS' COMP APPEALS COMMISSION
SB 35 2015 REVISOR'S BILL
SB 119 REPEAL WORKERS' COMP APPEALS COMMISSION

Implemented As

8 AAC 45.065
8 AAC 45.095
8 AAC 45.110

References

8 AAC 45.065
AS 23.30.108 Prehearings on discovery matters; objections to requests for release of information; sanctions for noncompliance.

History

(Sec. 10 ch 93 SLA 1982; am Sec. 5, 6 ch 75 SLA 1995; am Sec. 11 ch 105 SLA 2000; am Sec. 38, 39 ch 10 FSSLA 2005; am Sec. 1, 2 ch 61 SLA 2008; am Sec. 23 ch 22 SLA 2015)