§ 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.