Texas Labor Code - Section 402.092. Investigation Files Confidential; Disclosure Of Certain Information
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§ 402.092. INVESTIGATION FILES CONFIDENTIAL; DISCLOSURE
OF CERTAIN INFORMATION. (a) In this section, "investigation file"
means any information compiled or maintained by the division with
respect to a division investigation under this subtitle or other
workers' compensation law. The term does not include information
or material acquired by the division that is relevant to an
investigation by the insurance fraud unit and subject to Section
701.151, Insurance Code.
(b) Information maintained in the investigation files of
the division is confidential and may not be disclosed except:
(1) in a criminal proceeding;
(2) in a hearing conducted by the division;
(3) on a judicial determination of good cause;
(4) to a governmental agency, political subdivision,
or regulatory body if the disclosure is necessary or proper for the
enforcement of the laws of this or another state or of the United
States; or
(5) to an insurance carrier if the investigation file
relates directly to a felony regarding workers' compensation or to
a claim in which restitution is required to be paid to the insurance
carrier.
(c) Division investigation files are not open records for
purposes of Chapter 552, Government Code.
(d) Information in an investigation file that is
information in or derived from a claim file, or an employer injury
report or occupational disease report, is governed by the
confidentiality provisions relating to that information.
(e) The division, upon request, shall disclose the identity
of a complainant under this section if the division finds:
(1) the complaint was groundless or made in bad faith;
(2) the complaint lacks any basis in fact or evidence;
(3) the complaint is frivolous; or
(4) the complaint is done specifically for competitive
or economic advantage.
(f) Upon completion of an investigation in which the
division determines a complaint is described by Subsection (e), the
division shall notify the person who was the subject of the
complaint of its finding and the identity of the complainant.
Added by Acts 1995, 74th Leg., ch. 980, § 1.19, eff. Sept. 1,
1995. Amended by Acts 2005, 79th Leg., ch. 265, § 2.028, eff.
Sept. 1, 2005.
Section: 402.085 402.086 402.087 402.088 402.089 402.090 402.091 402.092 402.251 403.001 403.002 403.003 403.004 403.005 403.006
Last modified: August 10, 2007
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